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RECORDS
COLONY AND PLANTATIOI
OP
NEW HAVEN,
FROM 1638 TO 11149.
WITH A REsouuraoK
f THE GJENEEAL ASSEMBLY OF OOKNECTICUT.
■ CHARLES J. HOADLY, M. A.
HAETFOED:
PBINTBD BY CASE, TIFFANY AND COMPANY,
FOB THE EDITOR.
1857.
,Gooi^lc
At a General Assembly of the State of OonnecUcutf holden nt New
Raven in said Slate, on the first Wednesday of May, in the year of
oua- Lord one thousand eight hundred andftf^/-six :
Besoieed, I'liat the seoretary be aiUthoriaed to pumluise far tliS use or Uie state, t;vo
huDdced and fifty copies of the proposed publication of file Eecorda of Uie Odlonj' of
New Haven, pviov to the uDion with Conneoticnt, tranaoribeci and edited Ijy Charles
J. Hoadly, Eeq. Pnmidud, that such publication sfasdlbe anthentjoated by the official
uertLficflte of the Kecretary, as a true copy of the oc^ginal rooord; and provided, alaa,
that the expsose of the same sliall not exceed two dSlara and fifty cen& per Tolume.
Senoked, That the copies so purchased he 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
towui one copy to the goTsmor, and to each of the state officers of this state; one
copy to the gosemoc of enoh of tbe several states and teriiljirleB of the United States,
fo be deposited in their several state libraries; one copy to the library of oongrsss;
one copy to tiie Smithsonian Institute i one copy to each of the colleges of this state;
twenty five copies to Mr. Aloxandei- Vattemai-e fbr international ex^ange; and the
rainajnder of the eaid two hundred and fifty copies to be deposited in the office of the
secrete^, eubject to the disposal of the geDeral ttssembly.
,Gooi^lc
INTRODUCTION,
The original manuscript, of which tlic present volume is intended
to be, as nearly as practicable, a reproduction, is a large folio of sev-
enteen by eleven inches in size, containing about two hundred and
fifty pages. It was evidently written with some care, and the chirog-
rapliy of the whole might be called, for the period, superior, more
particularly so that of Thomas Fugill, the first secr^ary, although it
is more ahundant 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, five pages of it had been
used, by some great merchant in Irondon, as a Day Book or Journal,
and it thus begins, — "Laus Deo, In London, tlie 6th of January,
Anno Doininte 1608." Who the merchant was to whom it belonged
does not appear, and is unknown; it has been a tradition, howe\ er,
that it was " Governor Eaton's Ledgei'," but as Eaton was born in
1590, it would hardly seem probable that a youlh of eighleen (.liould
carry on business, botli foreign and domestic, to so great an extent as
would appear to be indicated by the entries in this book.
At their first settlemnnt, though within the limits of the old Con-
necticut Patent, the plantations of New Haven, Guiiford and Mil-
ford, intended to he, if possible, ^epai-ate and distinct governments,
but finding themselves singly too weak, early in the spring of the year
1643, they confederated with New Haven, whieli had already by tlie
)yGoo»^lc
IT INTRODUCTION.
purcliaae and settlement of Stamford, Yennycock or Southold, and
Totoket or Branford, become the moat consideralile 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 PlaDtation 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 lliem, 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 dLsappeaiauoe then been recent, we should suppose that there
would have been made some reference to the fact, eitlier 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 SOth, 1649, which
is taken from Thompson's History of Long Island, but I have thus
far been unable to leant the aoui-ce whence the author of that work
obtfuned the citation. The editor has been informed that Mr. Thomp-
son's papers afford no due, 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 Govei-nor Ti-umbull,
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-
)yGoo»^lc
INTEODUCTION. V
ing in the Secretary's office, and the first Records of the Jurisdiction
of New Haven, in the office of (he Town Clerk of the Town of New
Haven, are aiwch worn and decayed, and by constant use in danger of
being totally ruined. Resolved by this Assembly, that the Secretary
be directed mid he is hereby directed to procure the said Records to
be faarly 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 Comt 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 aixbives of the
Colony."*
The first volume of llio Connecticut Eecoixls was copied and pre-
sented to the Legislature for authentication in May, 1773, but why the
New Haven Records were not then also transcribed we are not
informed.
The authorities of the town of New Haven have within afew 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, accui-acy has been
the chief thing mmed at, and to obtain this neither lime nor labor
have been spared ; every page has been carefully compared by the
editor witli 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
copy ; atill, however, tliis liberty has been used with caution, and the
editor has not knowingly altered the sense of any passage thereby,
* Colony liecovdB, vol. xi, p- 105.
,Gooi^lc
■vi INTRODDCTTON.
preferring in all instances wiiere Bucli 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 hy transferring a list of names recorded on page [138]
to page 140 of this volume. The paging of the original has been
preserved and will be found in brackets at the f-ide of the page.
Some redundancies in the original have been printed in italics.
Where the original baa in some places hecome 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 chaise
the feult to those who origJnaliy wrote the maiiuacript.
In citing the records of the United Colonies, it has been found
more convenient in general, to cite from the colemporary manuscript
copy preserved in the Secretary's office than to mate use of Hazard,
since it is known tliat in the latter many errors occur. In eiting
Trumbull's history, the edition printed at Hartford in 1797 has been
used, and in Savage's Winthrop, though the edition of 1853 ha" 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 Genei-al 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 TeiTy, Ecq., and to tlie Select-
men of New Haven, for the readiness and courtesy with which they
afforded every facility requested for the accomplishment 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 history of New Haven enabled him (o furnish ;
to 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, Smitii, Esq., of Guilford, Henry Onderdonli, Jr., Esq., of
)yGoo»^lc
INTRODUCTION. Vll
Jamaica, L. 1., and liev. E. Wliitaker, of Soutliold, L. I., and to
others who in various ways have given the publication their counte-
nance or assistance.
To Henry White, Esquire, I am indebted also for the copies and
abstracts of wills aud inventories found, as notes, in this volume.
Should the present volume meet with sufficient eneouragement, the
editor proposes to continue it, by the pubUcation of the Eecords of
New Haven Jurisdiction from May, 1653, to the union with Connect-
icut in 1664—5, together with the New Haven code of 1656.
C. J. H.
State Library, Haetfoed,
April 14, 1857.
)yGoo»^lc
Most ol' tlie abbreviations used in tliis volume require no
explanation ; the letter m or n with a dash or circumflex over
it, in or ft, was frequently used for the double consonant ; a
similar mark placed over a vowel indicates the omission of n
consonant, generally m or n, thus, como, for common ; the
letter 5 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, ppfoc proper, A caret, ^ , denotes
a blank in the original record.
)yGoo»^lc
IIDIAN DEEDS
THE PLANTATION OP NEW HAVEN.
1 Thaso Articles of Agreement were recotded by Secretary Gibbard, at a date sub-
sequent to the records confoined in this volume, upon some leaves which bad been
loft blank between pages BO ntid 62.]
Articles of agreement betweene TheopMus Eaton & Joliu
Davenport & others, English planters att Qitinopiocke on
the one partye & Momaugin y^ Indian Sachem of Quinopi-
oelce & Sugcogisin, Qnesaquaueh, Caroughood, Weaaucucke
& others of his counsell on the other parfye, made & con-
cluded the 24"' of Novemh'' 1638. Thomas Stanton bemg
interpreter.
That bee j" s'' sachem, his connsell & company doe jointly
profess, afiirme & coven', [th]at he y^ s'^ Momaugin is the
sole sachem of Quinopiocke, & hath an absolute 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« foreuamed sachem, Ms counsell & y rest of y^
Indians present doe & conclude, sliall stand firme & inviolable
against all claimes & psons whatsoever, —
Secondly y^ s^ sachem, his counsell & company, amongst
which there was a squaw sachem called Shampishuh sister to
y= sachem, whoe 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-
)yGoo»^lc
2 INDUN DEEDS.
quotts, Mohaucks & other Indians, in regard of which they
durst not stay in their country, but were forced to flie, & to
eeelce shelter under the English at Conecticutt, and ohaerying
y« safety <fe ease y' other Indians enjoy neare y« English, of
■which benefitt they hare had a comfortable tust already since
the English began to build & plant at Qninopiocke, which w""
all thankfullnes they now acknowledged. They jointly &
freely gaye & yeilded up all j' right, title & mterest to all y«
land, riyers & ponds, trees with all y^ libertyes & appurten-
ances belonging unto y^ same in Quinopiocke to y^ utmost of
their bounds East, West, Nortli, South unto Theophilus Eaton,
John Davenport & others, the p'sent BngUsh planters tliere, &
to their helres & assignes for ever, desirhig 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« moutli of y« river
of Ooiiecticott as might be suificient for them, being but few
in number, to plant in ; and yet within these limitts to be
hereafter assigned to them, they did eovent & freely yeild xip
unto y« s^ English aU the meadow ground lieing therein, witli
fuU liberty to chuse & cut downe what timber ^ey 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«
6^ Indians shall desire to remove to any other place within
Quinopiocke bounds, but without y« limitts assigned tliem,
that they doe it not without leave, neither setting up any wig-
wam, nor breaking up any ground to plant corne, till first it
be sett [ou]t & appointed by y^ forenamed English planters
for them.
Thirdly y« s<' sachem, hia counsel! &, company desireing
liberty to Imnt & fish fwithijn the boimds of Quinopiocke now
given & graunted to the English as before, doe [hereby]
jo[in]tly coven' & bind tliemselves to sett noe traps neare any
place where y^ [ j whether horses, [ox]en, kine,
calves, sheep, goates, hoggs or any sort [
any fish out of any ware belonging to any English, nor to doe
any thing neare any such ware as to di [sturb] or afiMght away
any fish to y" pfjudice of such ware or wares ; & that upon
discovery of any inconveni [en] oy growing to j' English by the
Indians disorderly hunting, their hunting shalbe regulated
)yGoo»^lc
and limited for the pfventiiig of any inconvenience, & yet with
as litle damage to y<* Indians in their hunting as may be.
Fourthly, y« a'' 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 seene within y^ com-
pass of y^ English towne, beareing any burdens, or offring to
truck with y^ English for any comodity whatsoever, & y* none
of y™ henceforward without leave, open any latch belonging
to any English mens dore, nor stay ui any English house after
warneing Siat 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 recompence shalbe
made by y^ English ; and y' none of y"> licneeforward 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.
Piftly y« s^ sachem, his counsell & company doe truly cov-
enant & bind yi^selves y' if any of y™ shall hereafter kill or
hurt any English cattle of w' sort soever, though cas\ially or
negligently, they shall give fuU satisfaction for the loss or
damage as the English shall judge equall. But if any of y™ for
any respect, wilfully doe kJH or hurt any of the English cattle,
upon proofe they shaU pay y^ double valew. And if, at any
time, any of them &id any of the English cattle straying or
lost in the woods, they shall bring them backe to the English
plantation, & a moderate price or recompence 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 recompence for his paynes finding
or bringing y"" back, they shall in any such case pay damages
for such dealings.
Sixthly, the number of y^ Quinopyocke Indyans, me[u] or
youth growne to stature fit for service being forty seven at
pfsent, they doe covenant and bind y^selves 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 api'hend snob & deliver y" to y«
)yGoo»^lc
4 INDIAN DEEDS.
English, and if they know or heare of any plott by y^ Indyans
or others against y^ English they will forthwith discoyer &
make y^ same Icnowne to y", & in case they doe not, to be
accounted as partyes in j^ plott, and to be proceeded against
03 such.
Lastly j^ s^ sachem, his counsell & company doe hereby
promise trvily & carefully to observe & keepe all & every one
of these ai'ticles of agreem', & if any of y™ offend in any of y^
pfmisses, they jointly hereby subject & submitt such offendo'
or offendo^s to y" consideration, censure & punishm' of the
English magestrate or ofUcers appointed among them for gov-
ernem' -without expecting y* y^ English shoiild first advise
■with y" about it, yet in any such case of punishm*, if the s'^
sachem shall desu'e to know the reason & equity of such
pceedings, hee shall truly be informed of the same.
The former article being read & interp'ted to y™, they by
way of exposition desired y* In y^ sixth article it might be
added, tliat if any of theEngUsh cattle be killed or hurt cas-
ually, or negligently, & 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.
Til consideration of all which, they desire from y^ English,
that if at any time hereafter they be affrighted in their dwell-
ings assigned by tlie English unto y™ 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 quarrel! or warres which they shall undertake, or
have w*!" other Indyans, upon any occasion w'soever, they will
maiiage their affayres by y™Belves without expecting any ayd
from the English.
And the English planters before mentioned accepting and
graunting accorduig to y*^ teric of the p'mises, doe farther of
their owne accord, by way of free & thankefull retribution,
give un[to] y^ s'' sachem, counsell & company of y* Quinopi-
ocke Indians, twelve coates of English ti-ucking cloath, twelve
alcumy spoones, twelve hatehetts, twelve hoes, two dozen of
knives, twelve porengers & foure cases of French knives and
sizers ; All which being thankfully accepted by y^ afores'' &
y« agreements in all points perfected ; for rattification & full
confirmation of the same, tlie Sachem, his counsell & sister,
to these p'sents have sett to their hands or markes y^ day &
year above written.
)yGoo»^lc
INDIAN DEEUS.
I, Thomas Stanton, being interpreter in this treaty, doe
hereby profess in y^ pfseucc of God, y' I have fully acquaint-
ed the Indyans with y substance of eveiy article, & truly re-
turned theu- answer & consent to the same, according to y^
tenno'' of the foregoeing wiiteing, the truth of which, if law-
fully called, I shall readily confii-me by my oath at any time.
Thomas Stanton.
Articles of agreem* betwixt Theophilus Eaton, John Daven-
port, & sundry other English planters at Quinnypiock on y<^
ono part, and Mantowese sonne of an Lidyan sachem liveing
att Mattabezeck, and nephew to Sequin on y« other part,
made & concluded the 11*'' day of Decemb' 1638.
First y^ s^ Mantowese in p^senee & w'h allowance and con-
sent of Sawseunck an Indyan w^ came in company w"! him,
doth profess, affirme and covenaut, to & w"' y^ s^ Theophilus
Eaton, John Davenport & others above, tliat y» land on both
sides the river of Qmimypiock from y« Nortlierly bounds ofye
land lately purchased by the s^ English of y« Quinnypiock
Itidyans, namely from y« pond in y^ great meadow, about two
miles above y^ great hill, to y^ bead of y« river at ye great
playne toward y^ plantations settled by y^ English upon y«
river of Quinteeutt Southerly, which is about tenn miles in
length from north to south, the bounds of which land run
)yGoo»^lc
0 INDIAN DEEDS.
alsoe eight miles e^terly from 7^ river of Qiiinnypiock towai'd
y« river of Quinteeutt, and five miles westerly towards Hud-
sona river, doth truoly & solely helong to him y° s''- Mantowese
in right of Ms deceased mother, to whom j^ s* land did apper-
taine, & from whom it justly descends upon him as his inher-
itance, soe yt he hath an absolute & independant power to
give, alien, dispose or sell all or any part of y« a^ land, as he
shall think good ; ajid y' neither his s"^ father, nor any other
pson whatsoever, have any right, title or interest in any part
of ya 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 a^ Mantowese being fully acquainted w"' y^
agreom'*' 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'* Theopbilus Eaton, John Davenport and
other English planters att Quinnypiock, and to their beyres &
assignes tor ever, desireing from them, the s'' Enghsh planters,
to receive such a small portion of land by the rivers side
about two miles beyond y^ tree over y^ river, iii the passage
from hence towards y« townes at Quinteeutt, as may be suffi-
cient for his small company, being but tenn men in number,
besides women and children, vf^ portion of land they desire
may hereafter, upon a riew, 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 prjudice to y English, to hunt, & fish, &
kiU beaver, yet therein alsoe to be regulated by y^ s'' English
upon discovery of any annoyance, as l£e Quinnypiock Indyans
are in that case.
Lastly tlie said TheopbUus Eaton, John Davenport &a ac-
cepting from Mantowese this free gift of his hand as above,
doe by way of thaukfull retribution, give unto him eleven
coates made of trucking cloth, and one coate for himselfe of
English cloth, made up after the English maner, w'^'^ being
thankfully accepted by the s'* Mantowese, and the agreements
in all points pfected, for ratification, and full confirmation of
ya same, Mantowese and Sawseunck have hereunto sett their
hands or markes tlie day and year before written.
)yGoo»^lc
INDIAN DEEDS.
I, John Clarke, being interpreter in this treatic, doe hereby
professe in the p'sence of God that I have fully acq^uainted the
Indyans witli the substance of every article, to y^ w^^ they
have &eely agreed, that is to say y' Mautowese have given to
Mr. Davenport & Mr. Baton all his land w='' he had by his
deceased mother, vf^^ he saith is fi-om y^ head of y* great
playne to the pond vr"^ he professe to be his, & promise to
make it good to o' Enghsh, & 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 doe to o' cattle,
they will satisfye for, and we for what hai-me o' hoggs doe to
them m corne, & as for hunting & fishing, to be free to them
as o'selves, provided o"" cattle suffer not by them, & with these
particulars they are acquainted, & doe freely consent to them,
as then- marke wittness, the truth of which, if lawfully called,
I shall readily coniirme by my oath at any time
per me John Clarke
"We Robert Ooggswell, Roger Knapp and James Love, doe
hereby renounce all right to any & every part of the foremen-
tioned land.
Wittnes our hands hereunto
Robert Ooggswell
;er Knapp
?
,Gooi^lc
,Gooi^lc
THE NAMES OF ALL THE FREEMEN
COURTE OF NEWHAVEN.
[[ii the lianilwvitiHg of Thomas Fugill.j
Mr. Theophilus Eaton.
Mr, John, Davenport.
Ml'. Eob' Newman.
Mr. Math: Gilbert.
Thomas Pugill,
Jolin Ponderson
Jer. Dixon,
Mr. Nath : Turner
Mr. Eze : Cheu's
WilUam Ajidrewes,
Mr, Sam : Eaton
Jolm Clarke
John Chapman
Roh"^ Secley
Tho: Geifreyes
Rich Hull
Tho: Kimberley
Mr, Tho ; Gregson
Jolm Mosse
Adam Nicholls
Abra: Bell
"William Thorpe
Mr. Francis Newman
Andrew Low
Tho: Monnson
2
Mr. ^ Jam^R
Mr. Geo : Lamhcrton
^ Nash
Mr. Eich : Perry
William Peck
Andrew Hull
Goodm Shirman
Goo dm Gibbs
Goodih Liufmoore
Tho Elbey
Mr, Joshua Attwater
Antony Tompson
Edw Wiggle sworth
John Vincent
Mr. John Wakeman
John Benham
Mr, Stephen Goodyear
John Potter
Mr. Jasper Craine
Andrew Warde )
Francis Bell
Eich: Miles
Eoger Allen
Mr. Eichard Mallwne
Will lues
Rip:
)yGoo»^lc
10
NEW HAVEN COLONY RECORDS.
[1639
Francis Browne
John Nash
Gk)odma Davis
Mr. Gibberd
Goodman Abbott
Sam: Whitehead
John Brockett
Richard Law
Mathew Gamfield
Tristram Rayner
Bro : Lainson
Captaine Undcrliill
Rich: Gildersleeve
Math: MoTilthrop
Goodra : Preston
Win Tompson
Hen: Lcndall
Will Fowler
Joh : Cowper
Joseph Nash
)yGoo»^lc
SEW HAVEN COLOIY KECOKDS.
[In the handm-itLng of Thomas ITiigill-]
[1] The 4t)' day of the 4'"' moiieth called June 1639, all tlie
free planters assembled together in a ge[neral] meetinge* to
consult about settlmg ciuill Gonernmt according to God,
and about the nominatio of persons thatt might be founde by
consent of all fittest in all respects for the foundaco worke of
a church w[lnclij was intend to be gathered in Quinipieck.
After solemne invocatifl of the name of God in prayer [for]
the presence and help of hiR speritt, and grace in those
weighty businesses, they were remincltid of t[lie] fousines
whereabout they mett (viz) for the establishm' of such ciuill
order as might be most p[leas]ing vnto God, and for the
chuseing the fittest men for the foundaco worke of a cluirch
to be gathcr[ed.] For the better inableing them to disceme
the minde of God and to agree accordingly concerning tlie
establishm*^ of ciuill order, Mr. John Davenport propounded
diners quEeres to them publiquely praying them to consider
seriously in the presence and feare of God the weight of the
busines they met about, and nott to be rash or sleight in glue-
ing their Totes to things they uuderstoode nott, butt to digest
fully and throughly whatt should be propounded to them,
and without respect to men as they should be satisfied and
pswaded in their owne mindes to glue their answers in such
sort as they would be willing they should stand upon recorde
for posterity.
This being eai'nestly p'ssed by Mr. Davenport, Mr. Robt.
* This meeting took plane according to tnulition, in a large bai'n belonging to Mr.
Hawmaa. Dr. Bacon, Hiat. Disc. 20, Iiaa ahowu that it was most probably Robert
Newmaii's, and pointed ont its location as bemg uear Temple st., between Elm and
,Gooi^lc
12 NEW HAVEN COLONY RECORDS. [1639
Newmaii was intreated to write in carracters and to read dis-
tinctly and audibly in tlie 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,
QifiEa. 1. Whether the Scripture doe holdo forth a perfect
rule for the dircctio and gouermn' of all men in all duet[ios]
■wh they are to performe to God and men as well in the
goufm* of iamylyes and comonwealths as in matters of the
chur.
This was assented vuto by all, no man dissenting as was
expressed by holding up of hands. Afterward itt was read
ow to them thatt they might see in whatt words their vote
was expressed : They againe expressed their consent thereto
by holdeing iip their hands, no man dissenting.
QuJER. 2. Whereas there was a con' solemnly made by the
whole Eissembly of freeplanters of tliis plantatio the first day of
estraordenary humiliatis w^h we had after wee came together,
thatt as in matters thatt conceme the gathering and ordering
of a chur. so hkewise in all publique oifices w«h concerno
ciuill order, as choyce of magistrates and officers, makeing
and repealing of lawes, derideing allottm" of inheritance and
an 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 fro [aj chur.
couen' W^h could nott att thatt time be made, a chur. nott
being then gathered, butt was deferred till a chur. might bo
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 the
couen' to submitt themselves to be ordered by the rules held
forth hi 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 bands 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, aUso Richard
)yGoo»^lc
1639] NEW HAVEN COLONY EECOEDS. 13
Beach, Andrew Low, Goodin Banister, Ai'[thur] Halbidge,
John Potter, Rob* Hill, Jolm Brocketfc and John Johnson,
these persons being nott [ad]mitted planters when the conen'
was made doth now express their consent to itt.
Qu^K. 3. Those who have desired to be receiued as free
planters, and are settled in the plantatio w'ha purp[ose,] res-
ohitio and desire thatt they may be admitted into chur. fellowP
according to Christ as soone [as] Gk)d shall fitt them there-
vnto : were desired to express itt by holdeing vp of hands :
Accordingly a[ll] 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.
QO.MR. 4. All the free planters were called vp5 to expresse
whether they held themaelues hound to esta[blish] such ciuill
order as might best conduce to the aecureing of the purity
and peace of tiie ordinal^nees] to tliemselues and their poster-
ity according to God. In answ. herevnto they expressed by
liold[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 vnto them by the scripture
whatt kinde of persons might best be trusted w^h matters of
gouerm", and by sundry argum'» from scripture proued
thatt such men as were diserib[ed] in Exod. 18. 2. Deut. 1.
13, w'h Deut. n. 15, audi. Cor. 6 : 1 to 7, ought to be m-
trusted by them, seeing [they] were free to cast themselues
into thatt mould and forme of comon wealth w=h appeareth
best for them in referrenee to the secureing of the pure and
peaceable injoym' of all Christ liis ordinances [in] the church
according to Gfod, wherevnto 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 piirpose, none att all
opposeing itt. Then itt was propounded to vote.
Qu.fflE. 5, Whether Free Burgesses shalbe chosen out of chur.
)yGoo»^lc
14 NEW HAVEN COLONY RECOEDS. [lt)39
members they thatt are in the foundat[ion] worke of the
church being actually free burgesses, and. to ehuse to them-
selues out of the li[ko] estate of church fellowp and the
power of chuseing magistrates and officers from among them-
sehies and the power off makcing and repealing lawes accord-
ing to the worde, and the devideing of inheritances and
decideing of differences thatt may arise, and all the buisnesses
of like nature are to be transacted by those free burgesses.
[2] This was putt to' vote and agreed Tiito by the hfting vp of
hands twice as in the former itt was done. Then one man'
stood -vp after tlie rote was past, and expressing his dissenting
from the rest in p' yett grantinge 1. That magistrates should
be men fearing God. 2. Thatt the church is the company
whence ordenaryly such men may be expected. 3. Thatt
they that clmse them ouglit to be men fearing God ; onely att
this he stuck, That free planters ought nott to giue this
power out of their hands: Another stood vp and answered
that in this case nothing was done but w'-li 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. Theophilixs Eaton ajiswered thatt
in all places they ehuse committyes, in like manner the cora-
panyes of London chnse the liuoryes by whom the publiquo
magistrates are clioseu. 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'* and reasons wherevpO lie dissented. He refused to
doe itt and said they might nott rationally demaund itt, seeing
he lett the vote passe on freely and did nott speake till after itt
was past, because he would nott hinder whatt they agreed upo.
Then Mr. Davenport, after a short relatio of some form'' pass-
ages betweene them two about tliis quest, prayed the company
thatt nothing might he concluded by them in this weighty
quest, butt whatt themselues were perswaded to be agreeing
w*h the minde 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 aU of them by
*Probabiy Rev. Samiiel Eaton, see Matliei' Mag., H. iii, pt. 1, oil. 1.
,Gooi^lc
1639] NEW HAVEN COLOKY RECOEDS. 15
holding vp tlieii' hands did shew their consent as before, And
some of them professed thatt whereas thoy did wauer before
they came to the assembly they were now fully conYinced thatt
itt is the minde of God. One of them said that in tlie 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 tliatt the ehoyce of burgesses out of chur. memboi's,
and to intrust those w'h the power before spoken off is accord-
ing-to the minde of God reuealed in the scriptures. AU have-
ing spoken their apprehensions, itt was agreed vpon, and Mr.
Eob' Newma was desired to write itt as an order wherevnto
eueiy one thatt hereafter should be admitted here as planters
should submitt and testefie the same by aubscribeing Iheir
names to the order, namely, that chm-ch members onely shall
be free burgesses, and thatt they onely shall cliuse magistrates
& officers among themselues to haue tlie power of transactin.|
all the publique ciuill afiayt-es of this PlantatiO, of makeing
and repealing lawes, devideing of inheritances, decideing of
differences thatt may arise and doeiiig all things or bnsine&^'is
of like nature. i
This being thus settled as a foundamentall agreem' concern-
ing ciiiiU gouernm'. Mr. Davenport proceeded to propound
some things to consideracS 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 tliey who were most approued might be chosen, for
the towne being cast into seuerall pmiate meetings wherein
tliey thatt dwelt nearest together gaue their accounts one to
another of Gods gracious wor&e' vpon tliem, and prayed to-
gether and conferred to their mutuall edifiicatio, sundry of
them had knowledg one of another, and in euery meeting
some one was more approued of all then any other, Por this
reason, and to prevent seandalls, the whole company was
intreated to consider whom thoy found fittest to nominate for
this worke.
Quae. 6. Whether are you all willing and doe agree in this
)yGoo»^lc
16 NEW HAVEN COLONY EEC0HD9. [1639
tliatt twelue men be chosen tliatt theii- fitnesso for the foimdaco
workc 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
themselucs soauen 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 downc and passe w*hout exceptio
vnlcsse they had giuen publique scandall or offence, yett so as
in case of publique scandall or offence, eucry one should haue
liberty to propound their exceptiS att thatt time publiquely
against any man that should be nominated when all tiieir
names should be writt downe, butt if the offence were priuate,
thatt mens names might be tendered, so many as were offend-
ed were intreated to deale w'h the offender priuately, and if
ho gaue nott eatisfactio, to bring the matter to the twelue
th a^ t tliey might consider of itt impartially and in the fcare of
Grrd. The names of the persons nominated and agreed vpon
were Mr. Tlieoph. Eaton, Mr. John Davenport, Mr. Rob^
Newman, Mr. Math. Gilbert, Mr, Richard Malbon, Mr. Nath:
Turner, Eae: Cheu^s, Thomas Pugill, John Ponderson, Wil-
liam Andrewes, and Jer. Dixon. Noe exceptiO was brought
agauist any of those in p\iblique, except one about takeing an
escessiue i:ate for mcale Wh he soidd to one of Pequanack in
Ms need, w«h he confessed w'h griefe and declared thatt
liaueing beene smitten in heart and troubled in his conscience,
he restored such a part of the price back againe w'h confessio
of his sin 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 wa^ conclu-
ded on to make the satisfactio known to as many as heard of
the sinn. Itt was also agreed vp6 att the said meeting thatt
if the persons aboue named did finde themselues straitened in
the number of fitt men for the seanen, thatt itt should be free
for them to take into tryal of fittncs such other as they should
thinke meeto, pronided thatt itt should be signified to the
)yGoo»^lc
1639] NEW HiVEN COLONY
towns vpou the Lords day who they so take in, thatt eu'y
man may be satisfied of tliem according to tire course formerly
taken.
[3} Whereas there was a foundamentail agreem* made in a
generall meeting of all the free planters of this towne, on the
4''| of the foworth monetli called June, liamoly thatt church
members onely shall be free burgesses, and they oaely shall
chuse among them selues magistrates and officers to ha[ve]
the power of transacting all publique ciuill affayres of this
plautatiO,ofmakeingandrepeali[ng] lawes,d6videingiiiherrit-
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 followeth.
Mr Theoph Eaton John Cooper
Mr John Davenport Jarvis Boykin
Mr Sam; Eaton
Mr Hob' Newma
Mr Math Gilbert
Mr Nath Turner
Mr Rich. Malhon
Mr Browninge
Mr Linge
John Chapman
Tho: Kimberley
John Benliam
Mr Wilkes
Tlio; Jeffreyes
Bobt. Seely
Nicholas Elsey
Mr WiUiam Touttle John Budd
Mr OJieeuers
Mr Perry
Mr Craine
Mr Fran ; Newm
Mr Tho: Tale
Tho: Eugill
Rich. Hull
WiH Preston
John Brockett
Jer Dixon
Robt. Hill
Andrew Low
William Andrewes WiH Thorpe
Richard Bcckley John Ponderson
John Johnson
Edward Wiggleworth
John Clarke
Sam. Whitehead
Jolm Potter
Arther Halbidge
Edward Banister
Will Potter
John Mosse
John Charles
Richard Beach
Tymothy Porde
Jolm Reader
John Cogswell
Mathew Hitchcock
i'rancis Hall
Richard Osborne
.Tames Clai'ke
)yGoo»^lc
18
' HAVEN COLONY BBCORDS.
[1639
Andrew HuU Geo : Smith Andr. Messenger
Edward Patteson John Peacock Geo : Warde
Will Eiies Mathew Moulthrop Lawrence Warde
[Tiie foUoM'ii-
Stephen Goodyeare
Thomas Gregson
Tliomas Nash
William Jeancs
Jno Evance
Thomas Munson
John Linennore
Jeremy Wlietnell
Luke Atkinson
Tliomas Morris
William Russill
Beniamin Willmott
Thomas Powell
James Russell
Peter Browne
his
John I Tompson
marko
Abraham 3 Bell
John g Vincent
Tho: l—-< Mitchell
Jolui -(- Walker
Beniamin Pawle
WIS W Gibbins
John Hall
Richard Merriman
Bdw □ Chipi>erfield
Steiien Metcalfe
William Gibbard
■a antograph signatures. ]
Ralph Dayghton
William Peckke
Anthony Tompson
Christ, agt Todd
John Gibbes
John Nash
Adam A Nioholls
Tho 8 Beamont
Josua Atwater
Thomas Osborne
John Wakeman
William W Davis
Francis N Browne
Robert Pigg
Nath Merriman
Roger Ailing
Henry h Peck
Mai'ke Pierce
Tlieophilus Higginson
Dauid Atwater
Mathew Camfeld
)yGoo»^lc
1639] NEW HAVEN COLOMT RECORDS. 19
[In tho handwriting of Francis Newman.]
FREE MANS CHAPI C
[4] Yow shall neither plott, piacti^e nra consent to any evill
or hurt against this Jurisdiction, or any pte of it, or against
the civill gouerment here established And if yon shall know
any pson, or psons w«h intend, plott, or conspire any thmg vf<'li
teuds 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 helpfull in all the affaires of the Juris-
diction, and by all meanes shall promove the publique wellfare
of the same, according to yo^ place, ability, and opptunity, yow
shall give due honno' 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 m yo^ p^on and estate: and
when yow shall be duely called to giye yo' vote or suffrage in
any election, or touching any other matter, vfh coneerneth
this common wealth, yow shall give it as in yo' conscience yow
shall judg may conduce to the best good of the same.
)yGoo»^lc
20 NEW HAVEN COLONY EECORDS. [1639
[In the handwriting of Thomas FiigilL]
[5J October 25'^' 1639.
The Coiii't being settled according to tlie foiiiidamcutall
agreem' made the 4"' day of Jtine 1639, consisting of those
seauen onely wlio were in the foundaco of tlie church, namely
Mr. Theopb. Eaton, Mr. John Davenport, Mr. Eobt. Newman
Mr. Math Gibbert,* Tho. Pugi[Il], John Ponderson, and
Jerimy Dison,t after solemne prayer vnto Grod did pceede as
followeth.
First all former power or trust for mannaging any publiqiio
affayres in this plantatio, into whose hands soeu' formerly
comitted, was now abrogated and from henceforeward vtterly
to cease.
Secondly all those thatt have beene receiued into the
fellowPii 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-
thauiell Turner, Will Andrewcs and Mr. Cheeu' s, members of
this church, Mr. Sam: Eaton, John Clark, Leiuetennant Seely
Jolm Chapman, Thomas JefFreyes and Rich; Hull, members
of other approued churches.
And this charge was giuen and accepted by them. If you
shaE know any person or persons w'^h intend, plott, or con-
spire any tiling w=h tends to the hurt or prejudice of this Juris-
diction, or the ciuill gournment here settled, you shall forthw^h
discouer itt to the magistrates, or to one or more of the Depu-
ties who shalbe chosen and intrusted in the pnblique 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 sliall be subject
* An error in the recorder for Gilbert.
t "It appears tliat the churohfls of New Haven and Milford were gathsred to the
seven pillars on the 23d of Angnst, 1689. The trndiOon is that soon after Mr. Daven-
port was ohoaen poster of Uie church at New Haven, and that Mr. Hooker and Mr.
Stone came and aasistcd in his installalion." Trumb. I. 2a8. Mather, (Mag. B. iii.
oh. fi,) says that they were gathered in two days, one following upon the other, Mr.
Davenpoil's and Mr. PruddenB, and aQndoB to the place as being a mightj biim.
,Gooi^lc
1639] NEW HAVEN COLONY RECORDS. 21
to all lawcs and orders w=h according to God shall be made
by the court, to the vttmost of yo^ power.
Tins being done, the court proceeded to the choyce of a
magistrate and 4 depiitye(^] to assist in the publique affayi-es
of the plantatio, Mr. Davenport first opening 2 scriptures (viz)
Dent, 1. 13. and Bxod. 18. 21. wherein a magistrate according
to Gods uiinde 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
discriptio, was by full consent chosen magistrate for the
tearme of one whole yeare. And Mr. Davenport gaue him
his charge gi-ounded vpon Dexit- 1. 16, If- And Mr. Robert
Newman, Mi-. Mathew Gilbert, Mr. Nathainell Turner and
Tho. Fugill 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
faithfiilly 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 faitlifuU reeorde of all pas-
sages and conclusions of the court, and of whatsoeu[Qr] else
then or att other times shall by the court or magistrate be
comitted to him concerning the ci\iill publique occasions of the
Plantation.
Eobt. Secly was chosen marshall, his imploym' and charge
from time to time to warne courts according to the directla 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 occasion to attend the service of the plantatio in all
things apptaining to his office.
Itt was further agi'eed thatt there should be a renewing of
the choyce of aU offifcers] euery yeare att a Generall Court to
be held for this plantatie the last wccke in October yearely.
And thatt the worde of God shall be tlie onely rule to be
attended vnto in ordering the affayres of gouernment in this
plantatie.
)yGoo»^lc
22 NEW HAVEN COLONY RECORDS. [1639
[6] OCTOU: 26: 1639.
The ciuill affayres of the plaiitatio being settled as before,
by the puidenee of God an Indiaa called Messutunck, alias
Nepaupuck, who had beene foi-merly accused to have miii-der-
ously shed tlie bloode of some of tlie English; of his owne ac-
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 liis escape was whipped by the mar-
sliall his deputy.
OCTO: 28: 1639.
The Quillipieck Indian Sagamour wMi diu''s of his Indians
w'h him were examined before the the magistrate and tlie
deputyes for this plantatio concerning Nepaupuck. They
generally accused liim to haue murdered one or more of the
English, and thatt he had cutt of some of their hands *fe had
presented them to. Sassaeuse tlie Pequott sachem, boasting
thatt he had killed them w'h his owne hands.
Mewhebato a Quillipieck Lidian, Idnsman to the aforesaid
Nepaupuck, eomeing att the same time to interceed for him,
was examined whatt he knew concerrdng the murders charged
vpon the said Nepaiipuck ; att first he pretended ignorance,
butt w'h a distracted countenance, and in a trembhng manner ;
being admonished to speake the truth he did acknowledge Mm
guilty according to tlie charge the other Indians had before
made.
All the other Lidians 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 liis face thatt he had a
the Pequotts in murdering the English, this somewhatt a
)yGoo»^lc
1639] NEW HAVEN COLONY RECORDS. 23
his speritt and boldenesse ; butt Wattoonc the sonne of Carra-
hoode a councellof to the Quillipieck Indian aagamom- come-
ing in, charged him more perticulariy thatt he had killed
Abraham Finch an English man att Weathersfield and thatt
he himselfe, tlie said Wattoone, stood vpon the island att
Weathersfield and beheld him the said Nepaupuck now pres-
ent acting the said murder.
Lastly the Quillipieck sagamo'' and the rest of the Indians
being called in, to his face aflu-med thatt ho was Nepaupuck,
and thatt he had murdered one or more of tlie Bnghsh as
before.
Nepaupuck being by the concuri'eiice 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, lie said he
knew he must dye, and was nott afraid of itt, butt layd his
neck to the mittletree of the chinmey, desireing tliatt 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 liis
hands. After this he was retourncd to the stocks and as
before a watch appoynted for his safe custody.
A Genbrall Oouet 29 : OP Octob : 1639 :
A Generall Court being assembled to proceed against the
said Indian Nepaupuck who was then brought to the barre,
and being examined as before, att tlie first he denyed thatt he
was tliatt Nepaupucli w^h had comitted those murders
wherew'h he was charged, butt when he see that the Quilli-
peck Sagamour and his Indians did againe accuse him to his
face, Ke confessed thatt he had his hand in the murder of Abra-
ham Finch, butt yett ho said there was a Mohauke of thatt
name tliatt had killed more then hee.
"Wattoone aiBrmed 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.
)yGoo»^lc
24 tfEW HAVEN COLONY RECORDS. [1639
and thatt there was but one Nepaupxick and this was he, and
the same thatt tooke a childe of Mr. Swaines att Weathersiield.
Then the said Nepanpuck being asked if he would aott confess
yt he deserved 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 pittehcd vpon a pole in the markett place.
[7] A Court holden the S^ op Nouembbr 1639,
Thomas Kimberley was admitted member of the court and
recived his charge.
Itt is ordered tliat Mr. Samuell Eaton, Captaine Tnrner, Eob'
Newman and Thomas Fugill shall treate w'h the Hartforde-
shire men about their lotts, to see if they will part w'h thera
and vpon what tearmes.
Itt is ordered thatt gates shalbe made att the end of every
streete att the outside of the Townc, w^i all the outside fences.
Mr. Baton 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, ho ttiinking tlaat two hogs-
heads more wiU serve.
Itt is ordered that Mr. Gilbert and Goodman Andrewes shaU
veiwe the creeke by the landing place, to see if lotts may be
layd out there w'liout prejudice to y'' towne,
Itt ie ordered thatt Mr. Eaton, Mr. Sam : Baton, Captaine
Turner, Eobt Newma, Mathew Gilbert, Thomas Fugill and
Goodman Andwewes shall advise together about laying out
allottments for inlierritance.
Itt is ordered thatt Mr. James shall have Brancis Parrotts
lott.
Thomas Badger being accused vpon suspitio of stealing
mony fro Edward Cox, boatswaine of the Esoto'' mai-chant,
was referred to further proofe.
)yGoo»^lc
1639] NEW HAVEN COLONY RECORDS. 25
A G-EN''ii Court the 25 of Noubmbee 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 owiie gi'ound.
Itt is ordered thatt Leiveteunaut Seeley aiid Goodm An-
dwewes shall walke the woods, and if they finde any timber
lyeing hi the woods vncroscutt and squared, and acquaint the
magistrate therew'h, they shall liave liberty to seiz vpon it,
halfe for themselves, and halfe for the towiie, the Yorkshire
mens timber onely excepted : that timber w=h is squared and
crosscutt, time is given till the last of March nest to fetch it
home.
Itt is ordered that a meeting house shall be built forthwth,
fifty foote square, and that the carpenters shall fall timber
where they can finde it till allotm'^ be layd out and men
know their omie pi'oprietyes.
Itt is ordered that Mr, Gregson & Mr. Bvance shall have
fower dayes liberty after this day to square their timber before
the former order take holde of them.
Whereas the building of tlie meeting house will cost 6001
Wh will require a rate of 30^ in every hundred pounds, itt is
therefore ordered thatt the said rate shall be estreeted and
payd att 3 several! payments (viz.) the firet forthw'h, tlie sec-
ond in March next, and the third in May next after, and w^h
this every one that are behinde with the form^ rate of 25' vpon
every hundred ' are now to pay itt allso.
Itt is ordered thatt Mr. Eaton, Mr. Davenport, Hob' New-
man, Mathew Gilbert, Captaine Turner and Thomas Fugill
shall from hence forward have the disposeing of all the house
lotts yett vudisposed 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 w'hout their consent
and allowance, whether they come in by purchase or other-
wise.
Itt is ordered thatt every one that beares armes shall be
compleatly furnished w'h armes (viz), a muskett, a sworde,
bandaleers, a rest, a pound of powder, 20 bullets fitted to
)yGoo»^lc
26 NEW HAVES COLONY RECORDS. [1639
their muskett, or 4 poxxiid of pistol! sliott or swan shott att
least, and be ready to show them in the markett place vpon
Munday tlie 16'ii of this Monetli before Captaine Turner and
Leivtennant Seely vnder the penalty 20» fine for eu^y default
or absen [ce] .
[8] A COOTT HOLOBN 4"' OP DECEMBER
1639.
Itt is ordered that Thomas Saule shall agree w'h Goodma
Spinnage before the next court, or else the court will deter-
mine the difference betweene them.
Eoger Diihurst and James Stewai't ai'e injoined to make
double restitutio to John Cockorill for five pound and seaven-
teene shillings Tf^h they stole out of his cbist on tbo Lords day
in the meeting time, and they being servants to the said Cock-
erell, for w'^h aggraTatio they were whipped allso.
Thomas Manchester, servant to Mr. Perry being accused by
his Maf for being druncke, and for giveing his Ma' vncoraely
language for w'^h hia Ma' having given him some correctiS,
the court (onely) caused him to be sett in the stocks for a
certaine time.
Nicholas Tanner, servant to the said Mr. Perry, for dnmken-
nes and abuseing his Ma' in wordes, was whipped.
A Geneeall Couet the 4"' op Jan;
1639.
Itt is agreed by the townc and accordingly ordered by the
court thatt the Neck shall be planted or sowen for the tearme
of seaven yearcs, and that John Brockett shall goe about lay-
ing it out forthw'h, and all differences betwizt pty and pty
aboute ground formerly broke vp and planted by English there
shall be arbitrated by indifferent men wh 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
)yGoo»^lc
1639] NEW HAVEN COLONY RECOEDS. 27
divisio of iipland 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. Lajnbertons 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 faiTe 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 plantatio fro the Indians or others for
their owne private vse or advantage, butt in the name & for
the 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
como for all the towne.
Itt is ordered thatt no cattell belonging to this townc shall
goe w'hout a keeper after the first of May nest.
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, tlio townc is to beare the damage till some
other course he determined.
Memorand. Itt is agreed that Mi\ Evance quarter shall
have tlieir meadow in the East meadowes.
Itt was agreed that every planter in the towne shall have a
proportio of land according 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 iipland, butt
halfe an acre of meadow to a head [and] in the necke an acre
to every hundred poiind, and halfe an acre to every head.
)yGoo»^lc
28 NEW HAVEN COLONY EECORDS. [1639
[9] A Court holden the 6^^ op Febs.
1639.
Itt is ordered by the court, tliatt Mr. Malbon and John
Reader, and whosoever else hath any thing to doe vr*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 Spinage in respect of his clame to the said Tho: Saulo)
and thereupon Mr. Evance doth hereby ingage himselfe for the
said mony vntili tlie said Thomas Saule shaU neglect to pay
the said mony according to ord«.
Itt is ordered thatt brother Audrewes, bro : Kimberley,
William Eves and Sergeant Beckley shall assist Mr. Ling to
ripen Goodman Taps busmes against the next court, concern-
ing his demauiid of certaine monyes w=h he disbursed for
bringing cattell from the Bay, appertayning to divers persons.
Itt is ordered that bro : Audrewes shall detaine somuch of
Rob* Oampian his wages in Ins hands as may secure a debt of
81 w=h Mr. Mouleno'' demaunds of the said Rob'.
Itt is ordered thatt Mr. MoulenC shall pay to Mr. Perry 10"
w=h he owes to him.
Itt is ordered thatt Mr. Wilks shall pay 5 bushells and a halfe
of Indian corne to Thomas Buckingham for corno destroyed
by Mr. Wilks his hogs.
Isaiah, Captainc Turners man, fined 5' for being druncke on
the Lords day.
William Bronifiekl, Mr. Malbons man, was sett in the stocks
for prophaining the Lords day and stealing wine from his Ma'
Wh he drunk and gave to others.
Elliee, Mr. Batons boy, was whipped for stealing a sow and
a goate fro his Ma^ and selling them.
David Anderson was wliipped for being drunke.
* Widow of Eev. Fxaiioia Higgiiison. For an account of hia life see Mather, Mag. iii,
p. la, ch. 1, and Gon. Reg. 6, 105. Slio ran? have been a relative, psrhaps sister, of
Governor Eaton.
)yGoo»^lc
16S9] NEW HAVEN COLONT RBCOETIS, 29
John Jenner accused for being dmnke w'li strong waters was
aoqmtted, itt appearing to be of infirmyty & occasioned by the
extremyty of the colde.
MJr, Mouleno', accused of being drunke, butt nott clearely
proved, was respited.
Peter Browne licenced to balie to sell, so long as he gives no
offence in itt justly.
A Generall Couet the 18 op Feb:
16S9.
Mr, Gregson and John Mosse were admitted members of the
court.
John Charles was forbiden to draw wine because there hath
beene much disorder by itt,
Goodman Loue was whipped and sent out of the plantatio,
being nott ouely a disorderly person himselfe, butt an incoui'-
agor of otliers to disorderly drinking meetings.
George Spencer being prophaine and disorderly in his whole
conversatio and an abettor of otliers to sin, and drawing on
others into a conspericie to cany away the Cock' to Virgenia
was whipped and sent out of the plantatio.
John Proute, Hen: Braaier and WiH Bromfield was whip-
pod for joyning in the aforesaid conspericie, and the said Hen :
and William were ordered to weare irons dureing the magis-
trats pleasure.
[10] 25'!' OP Feb: 1639.
Mr'. Higgingson, late planter of Quillipieck dyeing w'hout
makeuig her wiU, & leaveuig bchinde her eight children, an
inventory of her estate beuig taken, the court disposed of her
estate and children as foUoweth w'h the consent and approba-
tio of Mr. John Higginson her eldest sonne.f
« Tha nama of a small vessel,
t Hcv. John Higginaonwasbom in England Aag. 6,1616. Sometime after the
death of his father witli -whom lie came to this country in 1629, be was the inatniotor
of a school at Hai'tford, his mother witli sil of her children being Bomawhat depend-
ent upon his exertaona for her support ; after this he was ohaplain at Saybiook fort
)yGoo»^lc
30 NEW HAVEN COLONY RECORDS. [1639
The said John, Higguisou, tlie charges of his educatio con-
sidered, is onely to have his fathers hooks, together w*h the
value of 5^ in bedding for Ma porco.
Francis Higginson the second sonne and Tymothy the third
Sonne, tlieir educatio allso con=!ideied, are to have each of them
twenty ponndo foi tlieu portions
Theophilus Higginson though well educated, yett in regard
of his helpfuUnes to his mothei lud her estate, is to have forty
pounds for his poitio
Samuell Higginson is allso to ha^c 40' for his portio, and to
be w*h Mr. Eaton sa, his servant foi the full tearme of 2 yeai-ee
from the first oi March next ensueing,
Theophilus and SanmeU are to have the lott w^h alJ the
accommodation belonging therevnto, equally to be devided
betwixt the, for fifty pounds of their portion.
Anas Higginson her daughter, is to have forty pounds for
her portio and her mothers olde clothes, together w'h the
remainder of the estate when the debte and other portions are
payd.
Charles Higginson is to have 40' to his portio, and to be wMi
Thomas Fugill 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 liim att schoole one
yeare, or else to advantage him as much in his educatio as a
years learning comes to, and he is to havo 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 said Thomas PugUl is to pay the said portio to the rest of
his brothers thatt arc alive att the end of the said nine yeares.
Neophitus Higginson being w*h Mr. Hoffe in the Bay of
Mattaeusetts, is to remaine w^h him and to be brought vp by
him tin 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
severol years. In 1641 lie went to GuUford anil beo
whose daughter he married. He vms chosen one of
He left Guilford in 166S. Alien, etc.
)yGoo»^lc
1640] NEW HAVEN COLONY BECOEDS. 31
to the said Neofatus att the end of the said tearme as his
porfie,
"When the farme att Sawgus 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 Axteli the aT'^ of
Jan : 1639*, before his goeing into olde England, and left in
the hands of Goodman Miles for the disposeing of his estate
-wh 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 furtlier 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 Uved in to make a warehouse off, 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 tlie court not claymeiug any propriety in the
ground as mherritance.
Mr. Lambertons man. Hen. Brasier, was freed fro his chaines
fr6 hence forward. "Wili Bromfield and Tho : Manchest' are
to weare theirs a weeke longer.
[11] A Court holden the 8^ op Aphill 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
* Tke will is not preaerved, bnt Br, Baoon perhaps overlooked this record when he
ooiyeotnred Edward Tench's will to have been the first made m New Haveu. Hist.
DiGO. 327.
)yGoo»^lc
82 NEW HAVEN COLONY RECOKDS. [1640
give a good aceoumpt of them att tlie next court, or when
he shall be called, thatt those to whom he was ingagedmay be
satisfied.
Itt is ordered thatt brother AndreWea and brother Mounson
shall veiw the grounds of difference betwixt Mr. Malbon and
Thomas Mouleno"' the elder, and acquaint Mr. Turner, Mi'.
Gilbert, Mr. Lamberton and Tliomas Pugill w'h the same, who
are desu'ed 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 fro 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 selluig clapboard, contrary to the orders in
that case.
Itt is ordered thatt the mony left (in the hands of Mr.
Browning) by John Ryer, shall be reserved to secure a debtt
and satisfie 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 forthw'h.
Itt is ordei-ed thatt John Mosse, Tymothy Fordo and Bicbard
Beach shall pay each of them 1« fine for trees w^h they did
fall disorderly.
lien ; Akerlye was rebuked for building a cellar and selling
itt w^hout leave.
Itt is ordered that alt the trained band shalbe ui the mai'-
kett place the 3<i day jxext weeke by 7 a clock in the morning
^Y<■h their armes compleat.
A COUBT HOLDEN THE 6' OP MaY 1640.
Itt was ordered thatt Mr. Fowler and Joim Cockerill shall
have the goods of the 2 men thatt was di'owned, 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
)yGoo»^lc
1640] NEW HAVEN COLONY RECOKDS. 33
equally devided among the credetcs according to tlieir pro-
portio.
Itt is ordered thatt a measurer shall bo appoynted to meas-
ure all the corne thatt comes into the plantatifl to be soldo,
and for that end a role shall bo made to strike the bushell w^h.
Liberty granted to Mr. Gregson, bro: Andrewes and Goodih
Warde to lett tlieir timber lye in the woods for the space of 2
monetlis w^hout forfeiture.
An account deliu''ed into the court by Mr. Lamberton be-
twixt liimselfe and Goodm Spencer whom he imployed as Ids
steward att sea in his voyage hither, for w^li service he allows
him 6' 10' for the whole voyage, butt whereas he dyed before
he had served halfe the voyage, he desired that Roger Allen
who suc-ceeded him should have the one halfo 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
Cfoodma Spencer, and w'hall that he will be ready att any
time to make oath of the truth of that account Wh he had
given in, w'h w=h Mr. Powler, and Goodma Tapps were satis-
fied, (who were intrusted for tlie child of the said Spencer late
JO
[12} A Court holden the thied op June 1640.
Gen'-ii.
All the Ma'^ of the watches received their charge and
orders as followcth,
1. The drumm^ is to beat the drum att the gocing downe
of the sunne.
2 The Ma'' of the watch is to be att tlie eom't of guarde
w'hin halfe an hower after the setting of the sun w'h his
armes compleate.
3 AH the watchmen are to be tliere w'hiii 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=
iuie, for totall absence 5' fine. And if the Ma'' of the watch
transgreese, either in late comeing, defectivenes in armes or
5
)yGoo»^lc
34 NEW HAVEN COLONY RECORDS. [1640
totall absence, his fine is to be double to the watclunens
fine in like case,
4 The M'' of the watch is to sett the watch an howcr after
sunsett, devideing the night into 3 watches, sending forth two
and two together to walke their tumes, as well w'hout the
towne as w'hin the towiie and the eubvibs allso, and to bring
to the court of guard any person or persons whom they shall
finde disorderly or in a suspitious manner w'hin dores or w'h"
out, w'her English or or Indians, or any otlier straiugers what-
Eoeii'' and keepe them there safe until! the morning, and tlien
bring them before one of the magistrates.
If the watclunen in any part of their watch see any appar-
ent comoii danger w^h they cannott othei-wise prevent or stop,
then they are to make an alaru by discharging their two guns
yfh are to be answered by him tliatt stands att tlic dore to
keepe sentinell, and that allso seconded by beating of the di'fl.
And if the danger be by fire, then witli the alaru the watchni
are to cry fire, fire. And if itt be by the discovery of an
oiiemy, then they are to cry arme, arme, all the towne on',
yett so as to leave a guard att the court of guard.
5. The Ma' is to take care that one man alwayes stand sen-
tinell in a sentinell posture w'houtthe watch hoixse to hearken
dilligently after the watchmen, and ace that no man come
neare the watch house or court of guarde ; no, not those of the
prsent watch who have beene walking the round, but that he
require them to stand and call forth the Ma^ of tho watch to
questio, proceed or receive them as he shall see cause. Tlie
Ma'' of the watch is allso to see that none of the watchmen
sleepe att all, and thatt none of their guns remains vnoharged
till the watch breake up (and then they may discharge), and
allso that no man lay aside his armes while the watch con-
tinues.
6. Every M' of the watch in his course, is to warne both
his owne watch and the M' of the succeeding watch, fower 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 sufiicient for such a trust.
Lastly, if any Ma'' of the watch shall faile either in the
)yGoo»^lc
1640] NEW HAVEN COLONY RECORDS. 35
warning or ordering of the watch in any of the foreiiamed
pticulara, or shall hreake vp the wateh in the morning before
itt have beene full halfe an hower day light, or neglect to com-
plaine to one of tiie magistrates of the neglects or defects of
any of the watchmen, he is to be fined by the court according
to the qiiallity of his offence.
Edward Bannister, for his contempt of the court, and therein
the ordinance of God, was fined twenty shillings.
Edward Woodcliff for slanndering his Ma's wife was whipped
seveerly and sent out of the plantatio, beuig a pestilent fellow,
and a corrupter of others.
NathanieU Axtell his will, and inventory of liis goods dcliu-
ered into the court.
[18] ■ A Genbrall Court hblde the 11"' op June 1640.
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 fi'eemen.
Itt was ordered thatt comodityes well bought in England
for ready mony, shall nott be solde here above Q'^ in the shil-
ling for profiitt and adventure above what they cost w'h
charges, when solde by retayle, when solde by the peece or
vessell by wholesaile, lesse prof&tt may suffize.
When bought from ships or other vessells here, not above
2°^* in the slnlling by retale, nor above a peny in the shilling
by wholesaile. Butt comodityes of a perishing na'', subject to
waste and damage, fall not vnder the former rates, yet tlie
rates to be so ordered tliat neither buyer nor seller suffer in
the rates.
Comodityes bought and brought fro the Bay, Oonnectecutt,
Vii^enia or other places, to be in proportio moderated in tlie
pri&es, according to the adventures and nature of the com.
odityes,
* " ObolBS is now usunllj tnlton to signify our half penny ; bnt in old lime it signi-
fied the hftlf noble; tlie noble was then culled poniiy, snd its quiu'ter a fiirthing."
Bniioy's Diet.
)yGoo»^lc
36 NEW HAVEN COLONY RECOIlDS. [1640
In callings w^li require skill and strength, as cai'penters,
joyners, plasterers, bricklayers, shipcarpenters, coopers and
the like, ma'' workemen not to lake above 2^ Q^ a day in sum',
in w^h men may worke 12 howers, butt lesse then 10 howers
dilligently improved in worke cannot be accoimtcd nor may
be admitted for a full dayea 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 severall trades are to bo allowed for m''
workemen are to be sett downc. 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 aO*" a day in winter, tliey improveing their time
in worke both in sum^ and winter as above expressed.
Planters and laborers, experienced and dilligent in their
way, not to talse above 2^ a day in sumi", and not above 18^ in
winter improveing tlieii' time as above, and otliers in propor-
tio, as they may deserve, and boyes to have wages in sum' and
winter in senrall imploymt^ according to tlia 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 tnnne w'h a boate or cannow w% 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 spoylhig, nor the boate sticr 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 boai'ds. 5= for
planeks. 5^ 6^ for slitworke and to be payd for no more
than they eutt 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 leese, not above 2% and a proportion-
)yGoo»^lc
1640] NEW HAVEN COLONY RECORDS. 37
able in winter as before. If they be equail in skill and charge,
then to agree or divide the 4^ G'' betwixt them.
Falling of timber, that W^h is Ml 2 foote ou' or above, ono
w'h another not above S^ a foote ; lesser timber, being yett
full 18 inches on'' and under 2 foote, not above 2^ a foote; all
other trees of lesser size not 18 inches on', 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 16 inches square, weli done that a
karfe* or planke of 2 inches thicke being taken off on 2 sides,
tlie 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 sUls, beanies, plates
or such like timber, square hewen to build w'li, not above a
peny a foote running measure,
[14} Mowing, when by the acre, not above 3^ salt marsb, nor
above 2^ 6'' fresh marsli, when by the day, not above 2= Q^,
and tliis to be of skilfull mowers, diUigeutly improveing their
time and skill. A skillfull thatcher, working diUigently, not
above 2^ 6^ a day.
Fenceing w*^h pales, as houslotts, now are, for felling and
cleaveing posts and railes, crosscutting, hewing, mortising, dig-
ging holes, setting vp and nailing on the pales, the worke
being in all the pts well wrought and linished, not above 2* a
rod, butt in this price pales and carting of the stuffe not m-
cluded. Fencing w% 5 railes, substantiall posts, good railes,
well wrought, sett vp and rained, 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 abovo
18d the rod.
Substantial! posts sould in the woods, not above 9^ or 10=
by the hundred, being ui length and goodnes 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
* " Korf, tin way msido by the saw or tlic awny slit in a piece of timber oi' boaril.
The Bdwn away elit between two pieces of stuff is called a kerf." Bailey's Diet,
,Gooi^lc
NEW HAVEN COLONY ItECOEDS. [1640
le, one w^h another one w'h another iiidiflerenlly sorted,
not above 7« the. hundred.
Inch bords to be sould in the woods nott above 5= 9"^ F
hundred.
halfe inch boards in the woods not above 5 — 2 ■& IQO.
2 inch planke in the woods not above 7 — 0 ¥ 100.
inch boards sould iu tiie towne not above 7 — 9 ¥ 100.
halfe inch boards in the towne, nott above 6 — -2 V 100.
2 inch planke in tho towne not above 11—0 V' 100.
Sawen timber 6 inches broad and 3 inches thicke ) | far''
in the woods rnning measure not above ) ^ foote.
in the towne not above 1^ ¥ foote.
Sawne timber 8 inches square running measui'c in i l'^ ^
tho woods not above j W foote.
in the towne not above 2'' ¥ foote.
Clapboards in the woods, good stuffe, not above 4= 0 F
100. 6 foote long 3^ 6^. 5 foote and 4 foote 3^ 0 W hundred ;
hewing and nailing them on roofea and sides of houses, well
done not worth above 5^ ¥ hundred, butt as most are done,
not worth abovo 2* 6^. Shingle, good stuff f of an inch, and
6 or 7 or 8 inches broad, sorted in the woods, being 3 foote 2=
Qii ¥ 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 b^^shell heaped, not above
9'' the bushell, by the hogshead, fall ga^e and so putt in that
when carted from the water side to the place where it shall be
Tsed the hogshead may yet remaiue full, not above 6^ F hh''.
A Court holden the 1* op Julx 1i340.
Daniell Fuller for neglect of his watch was fined three shil-
lings.
Thomas Parsons and John ^ , servants to Elias Park-
more were whipped for their sinful! dalliance and folly w'h
Lidia Browne.
Andwcw Low the sonnc of Andrew Low, was whipped for
)yGoo»^lc
1640] NEW HAVEN COLONY RECORDS. 39
runiug frS his ma'' and stealing fruite out of Gtoodmau
Wards lott or garden.
Tho: Chambers being accused for scoffing at rcligio, it not
being sufficiently proved, he was dismissed onely w'h an admo-
nitio and cautio.
Arthur Halbidg being charged w'h falce measure in lime,
was respited till another court for a more full testimony.
[16] A Court holden the 5''' of August 1640.
Itt was ordered thatt Thomas Games shall pay vnto John
Moody or his assigns, 500 weight of good tobacco, w=h should
have beene payd 14 or 15 monetha 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.
Jolm Oockerill received in the court S — 8 — 10 of the mony
of Thomas Johnson, vpon condicoii 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 liere given
in : and thatt if he come not the next yeare, 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 tliey are soulde.
Goodih Osborne fined 5* for neglecting to warne the watch
ma' 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 Kowe was a trndesman in London and of the company tlesigned for New
England, and had in 1636 a lot laid out in Boslon. Uponlha change of tdmes ho dioae
to remain in London, became a colonel in the Kfeat civil war and one of the regicide
Judges. He died in the Tower on Clu-istmas day I6BI. Ilutoli. Coll,, 69. Savngc
Winth.I,tT6. |Ed,of lasa.j
)yGoo»^lc
40 NEW HAVEN COLONY EEC0ED8. [1640
Att a Geni'I' Court held the It op the 7''' Moneth 1640.
Mr. Lamberton and Thomas Nash was admitted members
of the court and received the freemans charge.
Itt is ordered that all men thatt have nott yet payd in all
the olde rates for the eomme charges of the towne, shall pay
itt w'hin 14 dayes after the date hereof, or else some other
course muet be taken to compell them. And allso thatt
another rate be forthw'h estreeted of 200', halfe vpo estates
and halfe vpon lands.
Mr. Turner was chosen Oaptaine to have the comaund and
ordering of all martiall affayres of this plantatio, as setting and
ordering of watches, eserciseing and training of souldiers and
whatsoeuf of like nattire appertaining to his office ; all wh
he is to doe w*h all faitlifullnes and diUigence, and he 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
wliether m'^ or servants, shall come every Lords day to the
meeting compleatly armed, and all othens also ai-e to bring
their swords, no man exempted save Mr. Baton, o' pastof, Mr.
James, Mr, Samuell Eaton and the 2 deacons.*
The plantatio of Totokett is granted to Mr. Samuell Eaton
for such friends aa he shall bring ouer from olde England, and
vpo such tearmes as shall be agreed betwixt himselfe'ife the
comitty chosen to that purpose, (namely) Mr. Baton and the
This toWne now named Newhavcn.
Itt is ordered that when Mr. Roes lott shalbe fenced in, o'
pasto' shall have a way or passage left 8 foote broad betwixt
it and Mr. Oraines lott, y' he may goe out of his owne garden
to the meeting house.
. Itt is ordered thatt none in this plantatio shaU eitlier sell or
lett a lott to any strainger for yearcs w'hout allowance fro the
court.
Itt is ordered thatt att tliis day every yeare all the ram
goates in the towne shall either be side stringed or some other
* Matthew Gilbert and Robert Newman.
,Gooi^lc
1640} NEW HAVEN COLONY RECORDS. 41
course taken w'h them so as tliey cannot ram the ewes till the
fittest season.
A peeee of ground granted to Mr. Lambcrton for a yeard to
his sellar by tlie west creeke, butt to be veiwed hy the comitty
chosen to dispose of all the lotts and lands aboute the towne,
and sett out by them to him, vpS these tcarmes, (m) tliat 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 Nbwhaven the 2-^ of 7 m ; 1640.
Itt is ordered that Leiveten* Seely shall pay vnto John
Cocterill 14' 11^ either in mony, conio or cattell, as they shall
be indifferently prized by indifferent men wh 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 vse
of this towne, vpon condicon thatt he satiafie tho just demaunds
of Humplira Spinage when soeuf he shall be called to an ac-
count aboute a clame wh the said Spinage dotli make in the
behalfe of one in London.
Itt is ordered thatt Goodman Chapman shall forthw'h pay
vnto Job. CoekeriU the su of 5' 10= wh he is indebted to him.
Bobt Cogswell is ordered to pay vnto Mr. Attwater and his
bro : David the mony W\i he owes them, before the next court.
A difference betwixt Mr. Craine and Captaine Turner refered
to bro: Gilbert and bro: Nowm to arbitrate.
Richard Mansfield fined 2^ for neglecting his watch.
Tlie men appoynfed to veiw the meaddowes, to sett downe
before lotts be cast, what allowance is equall to be east into the
acre where the meadowea are bad, Benjamin Linge, Wilham
Andrewes, Richard Perry, WiH: Touttle, Jasper Craine, John
Chapman, Mr. Lamberton, Rob' Seely, John Wakeman, Rich :
Miles, Thomas Welch, Anthony Tompson, John Ponderson,
Fran. Newman and Jer: Dixon.
)yGoo»^lc
42 NEW HAVEN COLONY RECOEDS. [1640
ATT a CoUBT held ATT NeWHAYEN the 6* OP THE 8^^ M. 1640.
Goodm Warde fined 2» for neglect of his watch and putt out
of his place from hcing ma'' of a watch,
Wiii Gibbons, Francis Browne and Tho ; Pranekland fined
1" apeece for late eomeing tokecpe their watch.
Robt Champio being accused for drinking wine to excesse,
was fined 5".
Thomas Mouleno"" the elder, and Itobt Oampio wore fined 5"
apeece for affronting the court.
On Wednesday, being the 14'^ of October, tlie deputies
aforesaid went to veiw the meadowes, and havemg pfected
their worke, they gave in an account of tlieir worke, as
s by the plotts of the n
[17] Att a Gen'" Court held att Newhaven the 23 of
THE 8 m: 1640.
Itt is ordered euery one of the 5 quarters whose proportio of
meadow is vnder 8 acres, shall have itt in the Hand in the east
riuer, and in the mill meadowes, and their vpland att the
vtmost end of the first divisio of tlie Torkeshire qiiartcr
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 the
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 convcniencie w'h whatsoeu'' convenien-
cies the place will affordo him for a farmc.
Itt 18 ordered thatt o' paste' shall have his farme where he
shall desire itt w'h all the conveniencies of vpland and meadow
and creeks W^ Hie place where he pitches will afibrde, though
above his proportio, according to his desire.
Itfc is ordered that Captaine Turner shall have his lott of
meadow and vpland where he shall chuse itt for his owne con-
)yGoo»^lc
1640] NEW HAVEN COLONY EECORDS. 43
venieiicie, tliatt he may attend the service of the t«wne w"h his
place requires.
Itt is ordered tliatt all the vpiand in tho first divislo -w'h all
the meadowes in the plantatio shall pay 4'' an acre yearly, and
all the land in the 2^ divisio shall pay S^ an acre yearely, att
2 severall dayes of paym', (viz), the one in Apiill, and the
other in October, to raise a como stock or publique tret^ury,
and thatt a steward or treasurer shall be chosen to receive and
dispose of itt according to the occasions of the towne, and give
' account of itt to those thatt shalbe appoynted to
3 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 vpiand, and for every head two acres and a
halfe.
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 tlie east river, betwixt o'' pasto''
farme and tlie 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 tlieir farms, as neare as may be to the towne, thatt they
may the better attend their office.
Itt is ordered that Mi-. Gregson shall be Truck ma'' of this
towne for this yearo cnsueing, to truck w'li the Indians for
venison, so as he may afforde to sell to the planters thatt have
need att 3'>'' a iwund, all togetlier, good and bad, one w'h
another,
Itt is ordered thatt no English men thatt kills venison shall
sell the fattest for above 3*^ a pound, and the leane att 2^ "i*.
)yGoo»^lc
44 NEW HAVEN COLONY RECOEDB. [1640
Itt is ordered thatt the causway to the neck shall be made
forth w'h.
Itt is ordered that wampaui shall goe in this plantatio for 6
a peny.
[18] A CoUET OP Elections held att Newhaven the 29"'
OP 8 m: 1640.
Bro: Peri'y, Andrew Hull, WiH Peck, Goodfri Shirman,
Goodm Gibhs and Goodin Liyemiore were admitted members
of the court.
Mr. Eaton chosen raagistrate againe,
Mr. Roh' Newm, Mr. Gregson, Mr. Gilbert, and Captaine
Turner chosen dcputyes.
Tho: Fugill chosen secretaiy.
Rob* Seely chosen marshall.
Jer. Dixon allowed to add to his estate formerly giyen in,
so much as will make itt 3 hundred pounds, so as he pay all
rates for thatt estate backward and forward.
Ben; Linge and WiH: Touttle are allowed to have their
meadow where Mr. Baton hath his first 500 acres, (viz) in the
fresh meadows towards Totokett, and Mr. Craine 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 lotfc shall have land
layd to itt for 6 heads & 500', and reserved for an elder.
Itt is ordered that nott above 4 moneths shall be accounted
for winter in workmens wa^es, provided thatt they improve 8
bowers dilligently in worke every day when they expect to be
payd for a dayea worke.
Itt is ordered that if any workem take more tlien 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 informf
shall hav6 tho 4'^ p*.
Itt is ordered thatt every one thatt comes after they beate
)yGoo»^lc
1640] NEW HAVEN COLONY BECORDS. 45
the drum ye 2'' time, or come defective in arraes on trayning
dayea, shall pay l^ fine, and for totall absence 5^.
A Gen'" Oooet holden ait Newh, the 4 op the 9t'' monetii
1640.
Whereas Andrew Ward and Robt. Coe of Weatherslield
■were deputed by Weathersfield men, the ^0^^ of the 8"'
moneth comonly called October 1640, to treate w^h the court
atfc Newhaven about the plantatio (lately purchased by the
said towne') called Toquams, W'' being considered of, itt was
agree 1 i on 1 y tl e aid co t and ptyes aforesaid, that they
si all 1 a tl e a 1 1 1 tat o ypon these tearmes following.
Fu^t tl att they 1 all epaj Ynto the said towne of Newhave
all the cha ges w h they 1 a e disbursed about itt, w^h comes
to o3 1^ apj ea e I y i ote or scedule herevnto annexed.
Secondly thatt they reserve a fift pt of the said plantatio to be
disposed off att tlie appoyntm* of tliis 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 tlieu itt shall be free for
the said people to nominate and present to this court some
psons of their omie choyce wh may fdl up some of those lotts
so reserved, if this court approve of them. Thirdly thatt tliey
joyne in all poynts w'h this plantatio in the forme of goverm*
here settled, according to the agreem' betwixt this court and
Mr. Samuell Eaton about the plantatio of Totokctt.
These articles being read together w'h Mr. Sam: Batons
agrccmts in the hearing of the said partyes 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. Tnmer aa agent for the pooplc of New Haven bonght of Ponua Sagamore
of ToqnamB, aod of WascuBsne Sagamore of Sliippan, (Hie ofiier Indians consenting
therato,) all the ground belonging to the said Sagamores, except a piece of grouiiil
which Fonos reserved for himself and the other Indians to phint upon, The oonaidera-
tion -was X2 coats, 12 hoes, X2 hatchets, 12 glasses, 12 knives, 2 kettles, and four
faihoins of white wampum. The liberty of hunting and iiEhing on the land was re-
served by the Julians. This agreement was signed on tliefivst of July, 1640.
Stamford Eeo. B. p. 30.
)yGoo»^lc
46 NEW HAVEN COLONY EBCORDS. [1640
Itt is ordered by the court that Goodm Quick shall give
security here for the harko and his account to the owners ac-
cording to their request to Mr. Baton, and for thatt end the
moneyes thatt are in the hands of Captaine Turner and Mr.
Gregson, and should be payd to Weathersley, hut layd clame
vnto by the saido Quick, are to be detained till things be
cleared betwixt them.
Itt was ordered thatt Georg Badcook, servant to Mr. Eaton,
shall seiTC 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
informaeo Wh he had formf^ly dehvered into the court (con-
cerning hme w=h Ai-ther Halbidg hath delivered to tlie mill)
is true, w^h when he had done, Arther Halbidge excepted
against itt, tlunking to prove the said Edward Adams a pjurcd
pson. Butt Goodman Pigge,Kich: Beach ajid Jolm Wake-
field affirmed the tiiith of what Edward Adams had testified,
(though the said Artur Holhidg did conceive they -would have
contradicted Edw: Adams Ins 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 henco
forth take noe worke hy tlie great, nor burns any lime to sell.
Att tfie S"* op Dboeme: 1640,
Thomas Franckland for drinking strong liquors to excess
and entertaining disorderly peons into his cellar to drinking
meetings, togeth w^h his contempt of tlie 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 tlio Saboth day.
Itt was ordered thatt Jolm Davis, servant to Mr. Wilks,
sliould he whipped for his stubornc carryage to his said ma',
)yGoo»^lc
1640] NEW HAVEN COLONY KECOEDS. 47
butt the exocutio of the sentence to be suspended for tryall of
his future carry age,
Itt was ordered that Mr. Wi!ks shall abate 2 moneths of the
time w^h the said Joh : Davis should serve him, for vndue cor-
recting him, strikeing Mm vpon the head w'h a hammer, ho
being vpo the top of a ladder,
Itt was ordered y* all thatt Uve in cellars and have f
shall have liberty for three moneths to provide for tl
butt 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 Totokett.
Att a Court held att Nbwhaven the fith op the 11"' M:
1640.
Whereas there was a roap lent by Mr. Oraine to John Tomp-
son, butt lost by Tloh*- Cogswell who tooke the charge of the
boate in w=h itt was left, itt is therefore ordered thatt Jolm
Torapson shall make itt good to Mr. Craino, and Rob' Cogs-
well shall satisfie John Tompson for itt.
Itt is ordered that Mr. Moulenor shall be comatmded fro
the court by the marshall to stay his proceedings att Totokott,
inasmuch as whatt he hath done is disorderly and unwarran-
tably, nott giveing any good account to this court though he
have beene required so to doc.
An inventory of Andrew Hulls deUvered into tJic court.
[20] A Geni'i Court hold att Nbwhaven the lOt^ op the
1* MONETH [1640]
Itt is ordered thatt all the meadowes belonging to this
townc wh vpon pview the tke deputies for the quarters thought
meete tiiatt 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 makc-
)yGoo»^lc
48 NSW HAVEN COLONY RECORDS. [1640
ing tliatt allowance W\i less proportions are appoynted, and
worss meaddow is appoynted to have, in consideraco of the
exceeding hadnea of the meaddowos. And those that were
deputed for the veiw are now to see all tlie meadowes layde out
according to the true intent and meaning of this order;
swamps, ponds and creelcs nott to he measured.
Itt is ordered thatt aU those who by lott shall have tlieir
meadow on this side brother Turners fearme, sliall have the
vpland thatt lyos against itt, or joyning to itt, and if thatt be
nott enougli to make vp their proportio for tlieir second
devisio, they shall have itt made up beyond the west river, at
the vttmost end of the Yorkshire quarter, among the small
lotts.
Itt is ordered thatt after 2 yeares nest ensueing he expired,
the neck shall be layd for pasture, and thatt aU who plant or
sow corne therein in the meantime shall secure itt themselves,
whether there or elswhere, every one are to secure tlieir 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.
Itt is ordered thatt no mans inability or romisnes in fencing
his part (in a gen'" fence) shall hinder the improvem' 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 znne.
Itt is ordered tliatt if any ma shoote either bullctts or smal-
ler shott in the towne, or w'hin a quarter of a mile of tiie
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
default.
Itt is ordered thatt if any take either wheele barrow, hand
cart or paddles, or oares w'hout leave, shall pay five shillings
fine.
Itt is ordered thatt if any shall take boate or cannow w^hout
leave, ho shall pay 20« fine, and whatt ever damage else may
befall the owner for the want thereof.
)yGoo»^lc
1641] NEW HAVEN COLONY RECOBDS.
Itt is ordered tliatt fire hooka shall be made for tlio <
mon Tse of the towne, att a commo charge.
ATT A MEKTINU AliOUT CASTING LOTTS FOR THE EAST MEAD-
OWES AND THE MEADOWES IS THE MILL EIVEE 17'!^ 1* MON;
1641
Itt is agreed thatt the small lotts shall beghi att the great
roek oil the faiTe side of the mill river, and so come downe,
towards the sea, and then begin att the lower end of the fai-re
side of the iiand in the East river, and so come downe againe
on the hither side, and if there shall fall out to be some small
pportio w=h will not amount to the quantity of him whose lott
falls last in the Mill river, itt shall be in his choyee w^her ho
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
gde on in order to the vper end so faiT as there is meadow, aiid
then begin att o' pasto''^ fanne, and so goe vp agauie on the
other side so farr as there is meadow, and whosoeu"" by lott
falls next to the farmes thatt are layd out by choyee, if there
be not their proportio tliere, they must take the rest where itt
fells next in order beyond them.
Itt is ordered thatt Tliomas FugiU shall have the Hand 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[Hj fence
[ ] against [ " ] dow tha[ ]"<'y thatt
owe the meadow will fence itt in from the como.
The name[s of those w]ho are to have their meadow m the
East meadow, as their lotts were cast.
1 Mrs. Higginson 6 Mr. Evance
2 Mr. Attwater T John Pondersoii
3 Mr. Foeock 8 Mr. Lucas
4 Goodma Nash 9 Thomas Fugill
5 Mr. Grains 10 Bdw : Wiglseworth
7
)yGoo»^lc
50
NEW HAVEN COLONY RECOEDS.
[1641
20 An Elders lott
21 Mr. Hoe
22 Mr. Dermer
23 John Chapman
24 Mr. Francis Newman
25 Mr. Malbon
26 Mrs. Eldred
27 Mr. Samuell Eaton
28 JIi\ Tench one y« Island.
The names of those who are to have their meadow in Mil-
meadow and the Hand in the East River, as tlieir lotts wore cast
in order.
7 Wid: Greene 13 Joh: Coop
8 Wid : Wniiames 14 WiU Thorpe
9 Tlio: Kimberley 16 Mrs. Baton
10 Hob' HiU 16 Mr. Pcarce
11 Jai-vis Boykin 17 Mr. Yale
12 Andrew Loc
The land for the small lotts on y« banke side and by y^^
west creeke was appoyuted to be layd exit, as their lotts were
drawne m order as followcth.|
11 Hichard 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. Mayer
1 John Bcnham
2 Mr. Cheeucrs
3 Tho Powell
4 Abraham Boll
5 Win Andrewes
6 Rieh: Beckley
1 Steven Metcalfe
2 Adam Nicolls
3 Nath : Merryman
4 John Tompson
5 Bro : Eimborlcys bro :
6 John Nash
7 Mrs. Swin''ton
8 Goodma Davis
9 Kich: Newm
Tho: Mitchell
Tho: Morris
Goo dm Peck
Another lott
Goodm Hamcs
Goodm Digliton
Good Pigge
1 7 Francis Browne
George Larrymo'
Tho: Beam*
Tho : Leaver
John Vincent
Joh : Hall
Wffl Bussells
Christopher Tod
« Wbs this Sir William Constable who as MatJiorB.iii, chap, xiii, B, infoi-me us pro-
posed to come to Now England with Rav, Ezekiel Rogers? We leam from Winthrop
1, 284, that the New Haven gentlemen labored by all means to draw Mr. Rogers and
his company to tham.
t In the margin. " Tha order for it is in to : 17 and in 27."
)yGoo»^lc
1641] NBW HAVEN COLONY RECORDS.
25 Thomas Mouiison A brickmaker
Ben : 'Willniott Obadiali Barnes
Joh : WaUccr Eliz : the washer
Beji : PaiiHiig Witt Gibbons
AtT a CoUR'r HELDE ATT NBWH4VEN THE 7"' OP THE 2'' MON :
1640'.
John Eeader was fined 40^ for breakoing the order of the
Court in exacting greater wages (then the Court had deter-
mined,) for 20 dayes worke W^h he confessed he bad received
mony for,
John Thomas was fined 1^ for neglecting his watch.
Susanna Man, servant to Mr. Goodyeaic, haveing accixsed
John Thomas for stealing a peeco of stuff, valued att 3' 6*.
slie now confessed thatt she had slaundored him, and said thatt
God bad given her oner to the Dovill to make her lye, where-
vpon it was ordered thatt she should pay to her ma' double
the price of the stuif as the said Joh : Thomas shoiild have
done if he had beono guilty, according to the law of God in
thatt case.
[22] A Gbni''i Coubt holden att Newha^ven ] 3''
MoN 164[1]
Mr. Goodyeare, Mr. Gregsoii, Mr. Newm and Mr. Gilbert
chosen depiitycs for the halfe ycarc next ensneing.
Mr. Gregson was chosen Treasurer to receive the yeai'ely
rates and keep accounts of all disbursem'« vpon all necessaiy
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 Wh he is to have Q^ for every score bushells w^h
he measureth, an a halfe peny for every b\ishell vnder tenne
bushells, the one halfe to be payd by the biiyer, and the other
halfe by the seller.
* I pi-eaiime Uiis sliouM be 1641.
)yGoo»^lc
52 NEW HAVEN COLONY EECORDS. [1641
Itt is ordered tliatt ali those thatt have hoggs shall drive
them from the plantatio about 5 miles fro the towue, aiid
haunt them forth abroade, iieuerthelesse evei'y one is to
endeuc to secure their conie by sufficient fences.
Itt is ordered thatt the clay pitts shalbe layd out as como, as
itt was firet intended, and what charge of fencing Goodman
Mansfield or others shalbe att extraordinary by thatt meanes,
the towne is to beare itt in gen''".
Itt is ordered thatt Mr. Goodyeare shall have his vpland
(w«h ho is to have in the 2'^ divisio,) in a place -wh he hatli
chosen beyond the west rocks.
Itt is ordered thatt those who should have a pt of their
vpland on the right liand 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 wi-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 chimney,) w'hin
5 weeks, to stand ready hy their houses, vnder the penality of
6» fine.
An inventory and will of olde father Shirmafl s 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 foUoweth,
[23] Rates
Itt is ordered thatt seaven bowers shall be accounted a
dayes worke for a teame, if thatt whole time be diiligcntly
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
bulll2'', for ahorse or mare 16'', for cai't furniture and man S'L
For raa'^ carpenters, joyners, plasterers, biicklayors, mowers.
)yGoo»^lc
1641] NEW HAVKN COLONY EECORDS. 53
cowpers, thatclicrs, ryvera of clapboards, pailes, shingles,
lathes and the like callings wliicli require skill and strengtli,
nott above 2^ ui somer and 20'' iiL winter.
Butt others of the same ti'ades or calluigs, nott allowed ma''
workenien, nott above 20"' in sonuner and 16^ in winter.
Plaisterers, haymakers, fellers of timber, those thatt eross-
cutt timber, and all sorts of labo'^ers experienced and dilligent
in then- way, improTeuig time as above, in som' nott above
18'', in winter nott above 14^,
Vnskillfull negligent laborers, and boycs, both in soni' and
winter in several! imploym'^, according to the service tliey
doe, w'^h when any doubt ariseth slialhe judged by able and
indifferent.
Boates of severall sorts, the whole tyde being dilligently im-
proved, according to the na' of that imploym*. The man by the
tyde nott above IQ^. A hghter of 16 tunne w^h sale boate or
cannow, nott above 2^ A lighter of 12 tunne 20''. A shal-
lop of 4 timue 8'', and so in respective pi'oportio, butt in sucli
raines or stormes that goods cannott be Iade]i or vnladen
w'hout spoylmg, 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 greate, sawing by the hundred to be
payd for no more then is cutt full & tme measm'e, boards nott
above 3^ 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
winter respectively as ma'^ workmen, and the pitt man as
vnskillfull or nott approved ma^ workmen, and if they be
equal] in skill and eharg, then to devide the wages, 'w^h shall
be 22'' a peece in aoiner and 18'' in winter.
Felling of timber, thatt wh 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 tlien IS 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, liutt the least 15 inches square, well done thatt a kerfe or
)yGoo»^lc
54 NEW HAYEN COLONY RECOKDS. [1641
planke of 2 inches tliick being taken off on 2 sides tlie rest
may remaine square for boards or other vae, by the tunne,
gii't measure 15'', and for timber more sleigh tly hewen a lesse
price in proportio. Sills, beames, plates or such like timber
hewen square to build w'h, running measui'e, by the foote nott
above 3 farthings.
Mowuig well done, w=h vpon quest, is to be judged by otlier
skillfull mowers, salt marsh by the acre nott above S" Q"^, fresh
by the acre nott above 3'.
Fencing w^h pales, as house lotts arc now done, for felling
& clcaveing posts and rales, cross cutting, hewing, mortising,
digging 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 indiiferent men and honest workmen,
and so in all other fencing w^h pcets 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 5
rales, nott above 14^, sxibstaiitiall and strong posts, T 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 tliey 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'',halfeinchboard4= 2^, and 2 inch planke 5^ G'ip hundred.
Inch board solde in the towne 6=, halfe inch boards 5%
planke 8= G^ p hundred.
Sawen timber 6 inches broade 3 inches thick, in the towne
by the foote riming measure nott above 3 farthiiigs, 8 inches
square soulde as before nott above l"* "'' a foote.
)yGoo»^lc
1641] NEW HAVEN COLONY RECORDS. 55
Clapboards solde in the woods, good stuff 6 foote long 3" 4'i
5foote!ong2^ 10''.
Pales 6 footc long 3', |5 foote 2—8, ( 5 foote 2= 4'^.
Hewuig 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 questio arise, the
worke to he rated and judged by indifferent men.
Shuiglo, good stuffy inches thick, some six, some seavcn,
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*, butt if defective, price accordingly. Hewing and shooting
sMngle, well done 3 foote nott above a — , 2 foote nott above
9^ p 100, 14, 15 or 16 inches nott above 1^ 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 sliingle 11^ p hundred. If there be diu'^ gutters to be
laid, then together 13'' p himdred. Lime well bnrnt, vnslaked,
brought by water to the landing place for tlie towne, by the
bushell heaped, nott above 1<^, by the hogshead full gaged con-
tayning 8 bushells 4^, and the lyme so putt in thatt when the
hli'' is carted frs the water to the place where itt shall be vsed
itt may remaiiie full.
Plastering, for drawing and eai'rying water, scaffolding,
lathing, laying and finishing the plastering, provideing and
paying his laborer, haveing the lime, clay, sand, hayre, hay
w'h materialls for scaffolding layd neare 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, 6'^— ob. rendi'ing betwixt the studs 2''.
Dyett for a laboring man w'h lodging and washing 4^ — 6''
by the weeke Venison sould by the English, if fatt, not above
2^ — ob p pound, if leane 2'' p pound, fowlo a pportionablo
abatem' to whatt was sett last yeare.
All comodityes bought and sould among the planters, and
all worke wages and labo'' (hence forward, till some other
course be settled by order,) to be payd for either in corne, as
the price goeth in the plantatio, or in worke as the rates set
tied by tlie Court, or in cattell of any sort as they shall be in-
)yGoo»^lc
NGW HAYE^f COLONY BECORDS. [16-il
Y prized, or in good mai'ch'able bever according to its
goodnes ; and paym' to be made att the times w^h shall bo
agreed vpon.
[25] a couet holden the 7"i op the 5*'^ moneth 1641.
Att Newhaven.
Nicholas Tamicr liaveing iiigaged himselfe to pay vnto Mr.
Bryan three pounds about three moneth agoe w=h he hath iiott
yett pformed, wherevpon Mr, Bryan desired the justice of the
Court. And the said Nicholas did pmise to the said Mr.
Bryan tliatt he would give him good security before the next
Oo\irt, wh Mr. Bryan accepted,
Arther Halbidg was allowed to take worke by the great vpo
good behavio"'.
Mr. Browning beiug ma' of a watch, and neclecting to
warne the watch, so as itt V7as neclccted, was fined 10^.
An inventory of Goodman Luckings deliu'cd into the Court.
Att a Couet held att Newhaven the i'l' op the 6' m:
1641.
John Seckett servant to Mrs. Stolyo for goeing about to
slaunder and reproach his said Mrs, was admonished to tender
to his Mrs such satisfactifl as she miglit accept, w^h was refer-
red to Mr. Goodyearc to determine.
George Warde ingaged his house to satisfie Mr. Huitt for a
bUl of debt and to satisfie Thomas Laude for a debt of 4' allso.
Andrew Low jun'' for Saboth brealiing, lying and stealing
was severely whipped, and ordered to weare a lock.
A Geni^'i Court held att Newiiayen the SO''' op the 6' mon:
1641,
Whereas there was a purchase made by some pticular psons
of simdry plantation in Delaware Bay, att their owne charge,
for the advancra' of publiquo good as in a way of trade, so
)yGoo»^lc
1641] NEW HAVEN COLONY RECORDS. 57
allso for the settling of churches and plantations in those pts,
in combiiiatio wMi this. And thercvpon itt was propounded
to tiie Genr" Court w'her plantations should he 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.
80 far as Captaine Turner hath refferenee to the civill state
and imployed therein, pvided tliatt his place be aupplyed 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 setthng the affayres thereof.
Itt is ordered thatt those to whome the affaires of the towne
is comitted shall dispose of all the affayres of Delaware Bay,
according to the intent of the agreem' for combinatio w'h 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 shalbe payed for all the
meadowes, creekes, and ponds wh tliey survay, though itt be
cast in for or above allowance w'hout measure.
Mr. Craine resigned Mi-. Hickocks lott into the towncs
hands.
Att a Court held the 1' op the 7"' Moneth 1641.
Att Nhwhaven.
Francis Hall being complained against by Luke Attkinson
for w'hholding fro him some mony justly due to him, he was
injoyned by the Court to make satisfactio to the said Luke
forth w'h.
* Now called Skelber Isltuid. Mr. Goodjeare pnreliased it of Mr. Facrett May 18,
1641, and sold it June 9, 1651 to Thomas Middletoii, Thomns Eouae, Constant Sylves-
tfiv and Nalhanicl Sylvester, Ibr IGOO lbs of good, merolnuitabla JUmcovado Sugar.
Thompson's L. I., 2d ed., vol. I., !18, 864.
)yGoo»^lc
58 NEW HAVEN COLONY BBCOBDS. [1641
[26] Att a Coust holden the fjt op October 1641, att
Newhaven.
Itt is ordered that Edward Harwoode sliall pay to Leivten*
Seoly (for takeing his eannow w^hout leave,) twenty ahillmgs.
Mr. Wilks being accused by his man John Davis for force-
ing him to be bound after ho came on shipboard halfe a ycare
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 accusatio, and Mr. Wilka want-
ing his witnesses to prove his innoeciicie, itt is ordered thatt if
the said Mr. Wilks doe iiott make it appeare by witnes (thatt
his agreem^ was for 4 yeai-es 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 tliis church, and Andrew Warde and Francis
Bell of Eippowams, admitted members of tliis court and re-
ceived the charge of freemen.
Mr. Eaton and Mr. Goodyeare chosen magistrates of this
towiie.
Thurston Rayner chosen constable for Eippowams to order
such busines as may fall in thatt towne according to God, for
the next ensueiiig year, butt is nott to be established in his
office till he have received his charge fro this Court and testi-
fied his acceptance thereof to this Court.
Mr. Gregson, Mr. Bob' Newman, Mr. Gilbert and Mr,
Wakeman chosen dcputyes for this plantation.
Tho : I"ugill chosen secretary.
Rob' Seely chosen marshall.
)yGoo»^lc
1641] NEW HAVEN COLONY EEC0RD9. 59
A Court held att Newhavbn the 8'^ op Novemi 1641.
Whereas Bob' Johnson maketh clame to the house and lott
of his brother John Johnson, late planter of this towne de-
ceased, by Tertue 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 appfhensiona so as they may be able to make oath
of whatt they can testifie concering itt, ff=h may stand vpon
record for posterity.
David Anderson for his contempt of autliority 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
satislie the demaunds of those psoiis to whom he is indebted,
as Mr. Grcgson SO', Mr. Whitfield 20', w^h divers others of
this town,
Itt is ordered thatt every one thatt have beone 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
Decern: next ensueing.
[27] A GENfii Court held att Newhaven the 29'> of
Novbm: 1641.
Richard Miles and Boger Allen admitted members of the
Court.
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 G-reat Plaine in lew thereof, provided thatt vpon veiw itt
be layde out so as the townes occasions may be accomodated
wthout pfjudice to the towno, and if any remove, they shall
onely sell improve m*''.
* Staphen Metoalfa.
)yGoo»^lc
60 NEW HAVEN COLONY RECOEDS. [1641
Itt is ordered tliatt "Wequaali shall have a aute of cloths
made att the towiies charge.*
Itt is ordered thatt the townes rates shall he payd in coriie
att 2" 4^ a bushcU by 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 amunitio whatsoever, shall pay
for the first default 5' fine, and afterward att the discretion of
the Court.
Tho : Fugill is allowed his ^* divisio att the foote of the
West Hock of the cleare ground w^h is there, or so much of
itt as he desires, according to liis proportion.!
Itt is ordered thatt all the voyd lotts, belonging to absent
psons shalbe fenced att the townes charge untill the psons
come thatt shall posscsso them, and then all tlie charges to be
retourned by the owners, and bro: Andrewea and bro: Mouu-
son are to see thatt the fences be done well according to the
order of tlie Court.
A Court held att Nbwhavbn the 1* of Decem: 1<J41.
Itt is ordered thatt the firkin of butter w«h Mr. Wilks tooke
vp shall be left in the hands of bro : Ponderson, (or tlie vaUue
thereof) and remaine there till some caiin challeng itt by the
marke.
Itt is ordered that Goodm Hall shall have hberty to dispose
of the children w=h he brought ou^ till the Court have light
to dispose otlierwise of them, provided thatt they be well
looked vnto and well vsed. And Goodma Hitchcock who ia to
have one of them is to pay to the Trcasiirer what is due for
the boy, and Goodm Hall is to be payd out of itt whatt is due
to him.
* " One Wequash Cook, an Iiifllnn living abont Connecticut river's month, and
keeping much at Saybrook with Mr. Fenwick, attained to good knowledge of tlie
things of God and salvation by Christ, so as he became a preacher lo other Indians,
and labored much to convert them, but witbont any effect, for within a short time he
fell sick, not Without euspicioii of poison ftom them, and died very comfortably."
Sav. Wmth. li. 1i lub tinno 1642.
t See page [133.] It ivas for fiJsifying this order by omitting the words " accord-
ing to his proportion," that Fu^ was excommunicated and deprived of his place, in
1646.
)yGoo»^lc
1641] NEW HAVEN COLONY BECORDa, (51
A OOUET HELD ATT NeWHAVEN THE 5"i OP JaN ; lt)41.
Itt is ordered thatt all the goods of Mr. Trobridg w<^h re-
maine shall be attached to satisfy tlie demai^uds of the psoiis to
whom he is indebted, namely Mr. Perry, Mr. Craine 10' and
damages. Hen: Gibbons and Mr. Caiiie of Boston.
Tho : Badger being accused and convicted for defileiug him-
selfeby clivora 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'11 Oodrt the 25tii of 12>ii Mon: l(i41.
Mr. Malbou and Goodman Ives admitted members of the
Court and received the charge of freemen.
Francis Browne, Thomas Morris, Abraham Smyth, Will
Eussells, Thomas Beamont, John WUforde and Goodma Pigge
are allowed to have their land in tlie Plaine, amongst the rest
of their neighbo''''.
Itt is ordered thatt Mr. Rob' Newman, Mr. Francis Newma
Thomas Mounson and Adam NichoUs shall veiw 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 Bast
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 be borne
by those thatt have their lands on the east side, and in con-
sideracO thereof, allow tliem the libertyand profiitt of fishing
and the towne to stand to the repair of the said bridge,
Itt is ordered thatt the lawes form^ly made concering wares
and works shall fro hence forwarde be voyd and of no force
tdl the Court see cause to the contrary.
Itt is ordered thatt all the voyde lotts in the towne shall be
)yGoo»^lc
62 NEW HAVEN COLONY EBCOEDa. [^641
reserred for those for whom they were intended till tlie come-
ing of tlie first ships, and if then j" persons come nott for
whom they are so reserved, the towne may dispose of them as
they see cause, and itt is to he considered by the Court what
is eqiiall to be allowed for the improvem's vpon them.
Itt is ordered thatt a free schoole shall bo sett vp in this
towne, and o' pasto"^ Mr. Davenport, together w^h the magis-
trates shall consider whatt yearly allowance is meote to he
given to itt out of the como stock of the towne, and allso
whatt rules and orders are meet to he observed in and about
the same.
Itt is ordered thatt .the como feild called the oyster shell
foild shall be lett to such psons whose p'"sent need requires itt,
the ordering and disposeing of w"h is refeiTed to tlie magis-
trates and depulyes.
Bro: Tompson,bro: Clarke, bro: Miles, bro: Wakem, bro:
Atwater, bro: ^Francis Newma, bro: Uob* Newma, bro: Perry
and bro: CraJne are desired to know the mindes of their
Beverall quarters, how many are contented to exchang their
land in the neck for land in the oxe pasture.
Brother Davis sute for a little additio 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 haut 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 GENf" Court held at Newhaven the 2^ of the
1' MONGTH, 1641, ABOUT GrBOR : SPENCBIt.
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, tlien w'h
pigge, had now brought among divers liveing and rightly
shaped pigs, one pdigious monster, wh he then brought w'h
him to be veiwed and considered. The monster was come to
)yGoo»^lc
1641] NEW HAVEN COLONY RECORDS. 63
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 tlio hottome of the fore-
heade W^li was like a childes, a thing of flesh grew forth and
liung downe, itt was hollow, and like a mans instnim' of
gen^'ation. A nose, mouth and chinne deformed, butt nott
much vnlike a childs, the neck and cares had allso such
resemblance. This monster being after opened and compared
w'h a pig of the same ferrow, 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 aecedent 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 xipou the first sight, ex-
pressed their apprehensions w'hout any knowledge whatt con-
jecture others had made. The foremenconed George Spencer
so suspected hatli butt one eye for vse, the other hath (as itt is
called) a pearle 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 tlie
eye in the face; the man had beene form^ly notorious in the
plantatio for a prophane, lying, scoffing and lewd speritt, as
was testfyed to his face, butt being examined concerning this
abominatiS, att first he said he had nott done itt thatt he knew
oiif, then denyod itt, butt being comitted to prison, partly on
strong probabilities of tliis 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 liim whatt he thought of
)yGoo»^lc
64 NEW HAVEN COLONY RECOBIK. [1641
tlie monster w=li had beeiie shewed bun, whether he did iiot
tate notice of something in itt Hkc him, the prison' after a
little pause asked the magistrate whoso sow itt was, who re-
plyed, he knew best liimselfe, att w«h the prison' was agauie
silent, the magisti'ate apprehending in the prisoner some re-
lenting, as a preparatio to confession, remembrcd him of thatt
place of scriptiire, he tliatt hideth his sin shall not prosper,
butt he y' confessetli 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. Goodyeare
retourning, asked the prison'' if he said soe, who said no,
afiiring y* Sam ; Martin mistook him, Mr. Goodyeare de-
maunded of him whether had comittcd 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 confcsSio of his sin, he
againe confest the bestiality before menconed, said he had
comitted itt while he was in Mr. Brownhigs service, and in a
hogstie of his ; yett Mr. Goodyeare after going to him, ho att
first denyed the fact, but Sob* Seely tlie marshall thereupon
minding him of w' he had confest to him, he againe freely
confessed the fact, butt said ho 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 ho, the said Geo : Spen-
cer being there att worko, the sow came into the stable, and
then the temptatio and his corruptio did worke, and he drove
the sow into the stye, and then comitted thatt filthynes.
The 2Q^^ 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, Witi Newma, Tho: Yale,
TheophUus Higginson, Job : Brocktt and others, questioned
him more pcrticularly concering the beastiality, namely how
long the tomptatio had beene ixpon his speritt before ho comity
)yGoo»^lc
1641] NEW HAVEN COLONY SECORDS. 65
ted itt ; he answered itt had beene upon his speritt 2 or 3 dayes
before; beuig asked w' workings he had ■w*hin him att tliatt
time, he said he found some workings against itt, both fro the
haynousnes of the sin and the loathsomenes of the creature ; be-
ing asked whether he did nott in thatt time seeke help frs God
against the temptatia, he said no, if he had he thought God
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 vae to pray, butt itt was onely in his bed ; being asked
hi w' manner, he answered [he] said (Our Father &c) ; being
asked whether he did nott read the scriptures he answere[d]
his ma' putt Mm upon itt else nott, being asked whether he
[30] foiiiid nott some workinge [upon him'] |j 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 2 bowers ; being asked
about w' time, he said about 6 a clock in the evening, when
the sTiu 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 whitlfcs in the eye ; being charged fro the testimo-
ny w^h had beene given by sundry person who Imd conversed
w'h him, w'h a prophaine, atheisticall cari7ag, in unfaithfull-
nes and stubornes to his ma', a coui'se of notorious lying,
[ilthnes, scoffing att the ordinances, wayes and people of God,
he confest miscarryages to his ma'', and lying, and thatt he
tad scoffed att the Lords day, calling itt the Ladyes day, butt
i other scoffing, wicked and bitter speeches witnessed
t him, and other form'' acts of iilthynes, either witli 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 biU to be putt up, intreating 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.
)yGoo»^lc
66 NEW HAVEN COLONY EECOEDS. [1641
Al'T A GeN''" CoUET held ATT NbWHAVEN THE 2^ OP MARCH
1641.
George Spencer being brouglit to the Barr and charged as
w^h other crimes so w'h the foremenconed beastiality, and the
monster shewed, upon Wh 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 lie had done before many wittr
nesses fonnerly, so againe, by confessio to give glory to God ;
butt he impudently and w*h desperate imprecatio' 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 testimonyea was added, namely, llob' Scely the
Marshall affirmed thatt the prison'' did dictate to him the
foremenconed bill by Wh he desired the prayers of the church
for the pardon of thatt beastiality, professing therein thatt
Satan had sometiniea hardened his hart to deny itt, and y' on
the Lords day att night after he had heard himselfe prayed
for in the congregatio, he againe confessed the fact to him,
and seamed to be greived for tlie sinne, and some teares fell
from tlie prison'' eyes gi-ei'ving as he said tllRtthe had denyed
itt.
EzechicU Cheevers affirmcth thatt the next morning after
the aforesaid Saboth, being the 28 of Feb: tlie said Georg
Spencer tolde him thatt he fonnde his hart more softned then
itt had heene, and thatt the Lord had given him a sight of his
sinne, and he hoped he would lett him see itt more.
Richard Malbon aifirmed thatt the prison' confessed the
fact to him in the p'sence of Tho : Yale and WiH Newma, 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 him make applyeatio of itt to the marshall
whom he left w^h him, the marshall affirmeth thatt when the
said B.ich: Malbon was gone, the prisoner tolde him thatt
thatt scripture stroke like a dagger to his hart.
WiH Harding, a sawyer, and one thatt was suspected by
some in Coui-t to have given the prisoner evill eouncell, testi-
fy Goo»^ I C
1641] NEW HAVEN COLONY RECORDS. 67
fyed to the prisoners face in Court, tliatt the prison'' had said
to him the said Harding tliatt Thomas Badgers sin was worse
then his, for Badger lay w'h a Chriatian, butt himseUe the
prisoner, lay butt w'h a rotten sow, and the p'son' being then
asked by him tho 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-
nectecutt.
Wm Aspenall affirmeth thatt he confessed the sinne to liim,
and being asked att whatt time he did itt, he said after he
came from Oonnectecutt, in Mr. Brownings stable. WiH
Aspenall objected how could tliatt be, seeing he was nott then
in Mr. Brownings service, he said he had busines there ; being
asked whatt busines, he was silent.
WiH Bladen testified thatt the prisoner confessed the sinne
to Mm, being asked if he did itt butt once, the prisoner an-
swered he had done itt butt once ; to this testimony tho pris-
oner replyed in Court, Itt is true WiH, thou hast cleared thy-
selfe.
Rob' Newman and Mathew Gilbert testified thatt the pris-
oner did confess itt to them, they asked how bis conscience
wrought while he was acting itt, and whatt pleasure he
founde, and how long he was acting itt, he answered about
lialfe an howor, and itt was the most terrible lialfe hower 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]iiptio to doe the tiling,
[31] II John Clarke testified thatt he had beene w'h the said
Georg 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 him agalne, 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 yc confcssio 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 favor, and said did
)yGoo»^lc
68 NEW HAVEN COLONY EECOEOS. [1641
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, ho answered because
he did doe itt.
Eoger 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. Eoger 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, tiie
prisoner reconed np many sins of w^h he was guilty, against
his parents and against his maister, and att last named tliia
abominable fact w^h he wondered att, having sent for him w%
a contrary purpose.
Rob* Ceely tlie 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
pi-ayere 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 him thatt he did eomitt the fact, and desired
him to looke upon him as one acted by the devill in denying itt.
This cleare and plontifuU testimony ajid evidence being
given in Court to the prisoners face, out of his owne month,
thatt he had freely and often confest the the fact wUi the scir-
eumstanccs and his confession concurring w'h the worke of
God, as itt were poynting him out in the monster, tlie prison'
was asked whatt he had to say f^ainst the wittnesses, or against
tlieir testimony, he answered tliatt the witnesses did him
wrong, and charged things upon him w^h he had nott spoken,
Wliereupon the Court, (though aboundantly satisfied in tlie
evidence, and the prisoner having att sundry times upon ex-
aminatio confest the fact to the magistrates,) yett began to
)yGoo»^lc
1642] NEW HAVEN COLONY EECOEDS. 69
examine the witnesses upon oath. Wliereupon Robert New-
man, Mathew Gilbert, John Clarke and Roger Alcn upon oath
did coniirme the evidence thej had before given, and others
■were ready to doe the like, butt the prisoner stopped the
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 fundamentall agreem*,
made and published by fuU and gen"'" consent, when the plan-
tatio began and government was settled, that the judiciall law
of God given by Moses and expounded 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 S2 of the original is blank.]
[33] A GiN'" Court the 6"i op the 2*^ Monbth, 1642.
Brother Davis and bro : John Nash admitted members of the
Court and accepted the charge of freemen.
Mr. Mitchell and John Whitmore of Rippowams was aUso
admitted members of this Co", and accepted the charge of
Mr. Malhon, Mr. Gregson, Mr. Gilbert and Mr. Wakeman
chosen deputyes for the halfe yeare next ensneing.
The plantatio of Rippowams is named Stamforde.
Whereas the Deputyes for Stamforde complaine thatt their
plantatio are att some difference w^h the Indians, and there-
jC condeiniiod to dGatli
,Gooi^lc
70 NEW HATEN COLONY RECORDS. [1642
fore require help of advice fro this Court how to carry towards
tliem, Itt is tlicreforo ordered, thatt tlie magistrates and dop-
utyes for this plautatio sliall advise w'li the aforesaid deputyes
of Stamforde whatt course may best conduce to tlieir peace
and safety.
John Touttle of Ycnnycoli, deputed by the Court to be con-
stable to order the affayres of thatt plautatio, the time being,
till some furtlier course be taken by this Court, for the settling
a magistracie there according to God.
Itt is ordered thatt every planter shall pay the di-umor his
last yeares wa^es forthw^h (viz) Q-^ a pcece for every one thatt
is in the watches, and his wages duo to him for this yeare to
be payd in October nest eusueing.
Itt is ordered that Mr. Malbon shall order the watches and
all the martiall affayres of this plautatio dureing Captains
Turners absence.
Itt is ordered thatt every first Wednesday in Aprill and
every "Wednesday in the last whole weeke in October shall be
a Gen''" Court held att Newhaven for the plantations in com-
bination w*h this towne.
Itt is ordered that from hence forwarde the woods and
mcadowcs shall be burned the tenth of March every yeare, and
therefore' every man is to take care to secure any thing tliatt
is his, wh may be in danger of burning, either in the woods
Itt is ordered thatt no yong men shall live by themselves in
cellars, butt betake themselves to such famylyes as the ma'*
thereof may nott onely watch over them, butt be able to give
and account of or concerning them or their conversatio when
tliey shall be required.
George Spencer, the prisoner, being brought forth, was de-
maunded whether he would yett givo glory to God in owning
his guilt in tliatt loathsome sin of beastiality wherein God from
heaven had seemed to smglo him out, and himselfe so often,
and before so many witneases had made acknowledgm*, butt
he retayning his foim^ oli=(tinacie, pcremtorily denyed itt,
whereupon Eob' Newman and John Clarke gave in evidence
in Court to his face, thatt smce he was sentenced to dye, he
)yGoo»^lc
1642] NEW HAVEN COLONY REOOEDS. 71
had fully confessed the fact to them. Att first lie denyed thatt
he had so done, butt they minding him of the passages betwixt
him and them, he said thatt if ho had confessed itt he knew
nott whatt ho said, butt after a ■while, he acknowledged thatt
he had confessed itt to them, being asked in Cotirt, why he
did now deny itt, he answered, because he neither knew
heayen nor hell.
EKGchioU OheoTcrs 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 ho would neur denye
it a^aine while he lived. The said Ezekiell asked him, what'
people might thinke of liim 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 innocencie, when he
himselfe knew Ms guiltiness, all wh the prisoner acknowl-
edged he had spoken to Ezekiell Cheevers.
[34] II Francis Church testified tliatt tiie 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 foi-m'ly they had
done, r
The prisoner acknowledged in Court tlmtt 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 acknowledgm* of his sinfull
and abominable filthynea in the beastiality before named, he
answered he would leave itt to God, adding thatt he had con-
demned himself by his former confessions.
The Court seriously considering the cleames of the teati-
monyes together w'h his answers, were aboundantly satisfied
and confirmed, both concerning his guilt, and their form' sen-
)yGoo»^lc
72 NEW HAVEN COLONY RECORDS. [1642
tenco against him, and now proceeded to determine liFhatt
time, and what kinde of death he should dye. Itt was there-
fore by gen''" consent concluded and adjudged, thatt on the
6'^' day nest, being the 8 of Apriil, he tlie said Georg Spencer
shall be hanged upon a gallows till he be dead, the place to
be the farthest part of the feUd called the Oyster-shell field,
by the sea side, butt tliatt first, the foremenconed sow att the
said place of executio shall be slaine in his sight, being run
through w'h a sworde.
The Sth OP Apeill, 1642.
The day of executio being come, Georg Spencer the prisoner
was brought to the place apoynted by tlic Court for executio,
in a cart; upon sight of the gallowcs 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 tliey neglect and dispise the meanes of
Grace, and their aoulcs good as he had done, in the edncatio
he had from his parents, the goverm' of his religious mas ^^
the publique ministry he had lived vnder, by all w^^h he might
have gott much sperituaU 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 condicO, as the prisoner had heard,
pm^posed to be gone from thi&place. He tolde hiiuif he wont
from the orduiances he went from Christ, as he had heard itt
delivered in publiquc, and many other wordes he vsed to the
same purpose ; wh being finished, he was advised to improve
the small remainder of his time in the acknowledgm* of his
owne form' sinfuU miscarriages, together w'h the abominable
lewdnea he had committed w'h the sow there present, and his
desperate obstinacie in such fearefuU denyalls after such cleare
and fuU 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-
lo¥6s, and fitted to his neck, and being tolde it was an ill time
)yGoo»^lc
1642] NEW HAVEN COLOKY RECORDS. 73
now to pvoke God wlicn he was falling into his hands, as a
righteous and sevecro judge who had vengeanc att hand for all
his other sins, so for his impadency and atheisme, he justified
the sentence as r^hteoua, and folly confessed the beastiality
in all the scircumstances, according to the evidence in Court;
and called for one WiH Harding, a sawyer there present, who
coming neare, the prisoner charged upon him the murder ol
his aoule, affirming thatt tlio said "William Harding coming
into the prison to him, had given him counceU 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 aU 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 executio had beene respited betwixt 5 and 6 weeks
[S5] after tlie )| first sentence, and bis life so long spared,
yett tlie 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 w^h, butt the prisoner w^h
earnestnes confirmed whatt he had spoken, and said he would
bcare 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-
nouanes 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, tliough much
pressed, be drawne to speake a word to any of those purposes,
and in this frame for ought could be discerned, the sow being
first slaine in bis sight, he ended his course here, God opening
his mouth before his death, to give him the glory of his rights
ousnes, to the full satisfaetin of all then p^sent, butt in other
respects leaving him a terrible example of divine justice and
wrath.
10
)yGoo»^lc
74 new haven colony ebcobds. [1642
[86] Att a Court held att Newhaven the 4^>> op the S^
MoNBTH, 1642:
Itt is ordered thatt tlie watches shall be settled forthw*h,
consisting of 31 watches, 7 men to each watch, the raa,"
whereof received their charge given by the magistrates.
Itt is ordered thatt Mr. Bvance shall have the 2 trees wh
stands before his house, in lew of 2 peeces of timber thatt
brother Andrews had of his about tlie meeting house.
Two of bro : Walcemans men is excused fro watching for
the present, because of their imploym* att I
Att a Court held att Newhaven the It, op June 1642.
Itt was propounded by the owners of the miU to the Courts
consideratio 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 COUET held the 5* DAY OF TUB 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
tliree pounds and another debt of twenty & two pounds, of
w'^h the Court tooke notice, butt demurred hi granting the
attachm*.
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 altoratio, least there be mistaks as form'ly.
Itt is ordered that if any souidier come late on trayiiing
dayeSj ho shall show himselfe to the clarke of the company,
who is to take notice of his eomeing, or else his late comeing
shall be counted as totall absence.
)yGoo»^lc
1642] NEW HAVEN COLONY BECOEDS. 75
Josuali Attfvator, by reason of Ms weaknes, is excused from
trajlng, 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 prsent 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 tlie 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 tlie farms if none should be left to keepe
them.
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 allao nott denying itt ; Itt was ordered that
he should mako good the damage, butt because tho damage
is not justly known what itt is, Mr. Goodjeare and Mr. Gregson
are to [vejiw the worke, and consider off and sett downe the
damage by his [dcfecjtivo workmanship,
[37] [| Goodman Barker, for neglecting to watch, was fined
five shillings, and his man for eomeing to watch w^hout ponder
fined 1^
Samuell, servant to Edward Chipperfield, for eomeing to
watch w'hhis armes defective, was fined 2".
Mr, Evance is spared fro peraonall 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 betweene Mr, Evance and Goodm Mead is re-
ferred to Mr, Gilbert and Mr. Gregson w'h the consent of
both ptyes.
Samuell Hoskings and Elizabeth * for their filthy dalliance
together, w^h was confessed by them both, they were both
severely whipped.
* In. tko margin, " Hoskins and liia wife-"
,Gooi^lc
76 NEW HAVEN COLONY HECORDa. [1643
A Gen'" Court held att Nbwhaven the' 6"' op the
6 moneth 1642.
Brotlier Abbott and brother Whitehead admitted members
of the Court and received the charge of freemen.
Bob' Ceely chosen leweten* of the trayned band, & Fi-an :
Newma ancient. Bro: Andrewea, bro: Mounson,bro: Clarke
and Goodman Joffreyes was chosen sergeants.
Brotlier Kimberly, bro: Mosso, bro : John Nash, and bro :
Whitehead chosen eorporalls.
Itfc 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 ho is called, Ms fine is 1^
If totally absent, or dept w'^hout leave before the company
breake up, his fine is 5=.
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 tlio mill thatt now is be so fitted as thatt
itt may serve the townes occasion to grinde both Indian and
English corne well.
Memord. The Court declared their app^hensions thatt itt
was formal/ ordered tliatt a cart bridge should be made over
tlie Bast River att the towns charge next spring,
Goodma Moulthrop is allowed to have 6 acres of land added
to his lott in the first divisie, and 12 acres in the 2'^.
Itt was ordered thatt one of the squadrons in course, shall
trayne every last day, except onely thatt weekc in w^h tlie
gen'" trayning is (yh is to be every fift weoke,) and whoso-
ever shall come late to those weekly ti'aynings, his fine is 6^.
If totally absent, his line is '2^-6^. He y* shall come after the
second drum hath left beating, shall be accounted a late
commer.
)yGoo»^lc
1642] NEW HAVEN COLONY SECOEDS. 77
[38] A Court held att Newhaven the 3'' op the 7'>>
Mon: 1642.
Matliew Wilson, for killing a dog of Mr. Perryes -willfully
and disorderly, find© 20'. for his disorder, and ordered to pay
20'. damage to Mr. Perry, -w^h 40'. Edward Chipperficld yn-
dertooke to soe payd by the last of September next.
John Lovell, the miller, for sinfull dalliance w'h a little
wench of Goodm Halls, was whipped.
A CooET the 7*1' OF Sept. 1642, held att Newhavbn.
Tho: Pell and attoumay for the execute'' of Richard Jew-
ell, demaunded tho remainder of the tearme of nine yearos w^h
Thomas Toby late servant to Jerymy Whitnell, wi'li bound by
coYenant to serre w'h tJio said Richard Jewell as appeared by
his indenture, wherevpon the Court w'h the consent of the
ptyes, referred to Captaine Turner and Mr, Bvance to consider
of and sett downe what damage the said Eichard Jewell might
have in his disbursm*' and adventures about the said Thomas
Toby, thatt what appeares to be equall may be retourned to
the esecuto''s of the said Rich: Jewell out of the wages of
the said Tho: Toby.
Thomas Dickinson, being convicted of stealing divers things
from severall psons, as Mr. Goodyearc, Mr. Evance and others
(who had imployed and intrusted him w'h many things and
businesses) and for diverse other notorious crimes, as lyeing
and countcrf eating, and denying his name &c, his sentence
was to be severely whipped, and to make two folde restitutio
for all tliatt is proved against him or eonfest by him to be
stolen by liim, and to work in irons vntill he have done the
same, and given aatisfaetio for other debts w"h he owes in tho
towne.
Samuell Hoskins and Elizbeth Cleyerley, being desireous to
joyne togetlaer in the state of mai'ryage, and nott being able
to make prooffe of their parents consent, butt seeing they both
affirmo they have the consent of their parents, and w'h all
haveing entred into contract, sinfully and wickedly defiled
)yGoo»^lc
78 NEW HAVEN COLONY RECORDS. [1642
each other w*h filthy dalliance and imcleaae passages, by Wh.
they have both made themselves vnfitt for any other, and for
w'^h they have both received publique correetio, vpon these
considerations, granted them liberty to marry.
[39] A Gen'" Court held att Newhaven the ITti" of
Sept. 1642.
Itt is ordered thatt when any allarum is made upon the ap-
proach of any enemy, every souldier in the towiie 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 tliinhe
meete to send forth vpon service (w'h approbatio of the mag-
istrates) shall forthw'li 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 of Elections the 26"" op the S'i" Moneth,
1642, ATT Newhaven.
Mr. Eaton and Mr. Goodyeare are chosen magistrates for
tills townc this ensueing yeare.
Goodman Warde of Stamforde, is chosen constable for
Stamforde this ensueing yearc.
Mr, Malbon, Mr, Gregson, Mr, Gilbert and Mr. Wakema are
chosen deputyes for this cnsueiag yeare to assist in the Courts
by way of advice, butt nott to have any power by way of
sentence.
Mr. Gregson is chosen Treasurer.
Tiiomas Fugill is chosen Secretary.
)yGoo»^lc
1642] NEW HAVEN COLONY BEC0ED3. 79
Kobert Oeely chosen Marshall.
Itt is ordered thatt the roagistrates and dcputyes ■w'h Cap-
atane Turn'' and Leivetennant Seely, shall advise w'h the
deputyes of Stamforde, how they may carry towards the In-
dians about them, who have comitted divers insolcncies and
injuries to the people there.
Itt is ordered thatt whosoever Andes any things thatt are
lost shall deliver them to the marshal! to be kept safe till the
owners ehallcng them.
[40] A COTTET HELD ATT NeWHAVEN THE 2^ OP NoTJEM:
1642.
Wliereas there hath beene two attatchments out, in the
hands of Mr. Gregson, the one in the behalfe of Mr. Poeock,
and the other on the behalfe of Mi-. John Erance 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, vntUl tlie Court have or-
dered concerning them.
Forasmuch as the causway to the west side beyond the
bridge is damaged by the eowes gocing 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 raarebants 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 ho vndertooke in the behalfe of his brother,
or else sell so much of his brother's goods as will satisiie the
said debt.
)yGoo»^lc
80 NEW HAVEN COLONY HBCOBDS. [1642
Itt is ordered tliatt John Mason, Sam: Higginson and
George Badcoke shall pay to Thomas French the su of 20=
for takeing his eannow w'hout leave, according to an order in
thatt case.
By a letter from Mr. Marshall to Mr, HiR of "Winsor,
bearing date the 1^^ of Aprill 1636, and a letter to Grood-
ma Mansfield, dated the IB of October 1641, itt is evidenced
to this Court thatt some of tlie catteH 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 wliite and blacke sparkled ; flenry Gibbons
testimony aUso concuring -w'h the aforesaid letters.
Jervas Eoykin is ordered to pay vnto George Badcockc the
su of 20^ for taking his eannow w^hout leave.
Mr. Gregson affirmed thatt he iiath nott received paym* for
the passage of Thomas Toby, wlierevpon Mr. Pell as attour-
nay for Eichard Jewells executours undertooke to see him
satisfied.
The difference betweene Mrs. Stolyo and Mr. Eliz : Good-
ma w'li their owne consents is refered to Mr, Goodyeere and
Mr. Gregson to determine.
[41j A Gen''!' CotritT held att Newhayen the 1<-i> oi-
NouEM: 1642.
Brother Bi-ockett admitted member of this court, and
received the charg of freemen.
Bro: Kimberley chosen Marshall in stead of bro: Oeely,
Itt is ordered thatt if any member of tlie 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 oner 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, Ms fine is 1^.
Itt is ordered thatt those who have their farmes att the
river called Stony Eiver shall have liberty to make a sluce in
the river for their owne conTeniencie.
)yGoo»^lc
1642] NEW HAVEN COLONY BECOHDS. 81
A OOUET HELD ATT NeWHAYEN THE 7''' OP
Dbcembbe 1642.
Forasmuch as John Owen hath had some damage done in
his corne hy hogs, occasioned through the neglect of Mr. Lam-
berton, John Bud and Will. Preston in nott malieing rp their
fence in season, itt is therefore ordered tliatt the said Mr.
Lamberton, John Bud and WiH. Preston sliall make satisfac-
tio to the said Jolin Owen for the damage done, (viz) eight
dayes worke and two pecks of corne, w«h is to be payd accord-
ing to the several! pportio' of fence vnsett vp respectively.
Mr, Evance delivered into the Court an awards betweene
Goodma "Wliitnell and Tho : Toby on the one pt, and Mr. Pell,
attournay for the esecuto' of Richard JcwcU on the other pt,
wherein Thomas Toby is awarded to pay vnto Mr. Pell three
pounds six shillings and fewer pence, w'h Groodman Andrewes
and Goodma "Wliitnell 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 iinde him foode and ray-
ment convenient, till the said three yeares bo expyred.
A OoUET HELD ATT NeWHAVEN THE 4"' OP THE 11"'
MONETH 1642.
Will Harding being convicted of a great deale of base car-
ryage and filthy dalliances w% divers yong girles, together
w'h his intieeing and corrupting divers servants in this plan-
tatio, haunting w% them in night meetings and juncketting,
&G, was sentenced to be seveerly whipped and fined five
pounds to Mr. Malbon, and five pounds to WiH 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 retoume vnder the penalty of
seveer punishment.
11
)yGoo»^lc
82 NEW HAVEN COLONY RECORDS. [1642
[42] A Gen'II Court the IQ^^' op lltii Moseth 1642.
Att Newhaven.
Brother 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 brotlier 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 Yntill 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
the cattell beene unruly have gott in when the fences have
beene sufficient, 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 goueno'^ to answer for those vnder them, butt they againe
to satisfy their gou'^nof^ 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 tlie cattell & halfe to the pound, or if the pinder
take all the paines he is to have all.
Itt is ordered thatt tlic 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 ho thatt breaks or leaves open gates or
putts in any cattell contrary to the order (the goufnC to ans-
wer for those vnder him as above) to pay for every beast by
the weeke (any lesso time then a weeke reconed a weeke,) S^.
Note thatt — 12 acres to a horse, 0 acres to an oxe, 3 acres for
a yong steere nott above 2 yeares olde, and 2 acres for a caife,
and none are to putt cattell into the nock above tliis proportio.
Itt is ordered thatt all those thatt have their meadowes in
tlie 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
heards of cowes vnder the penalty of 3'^ a weeke for every
)yGoo»^lc
1642] NEW HAVEN COLONT BBCOBDS. 83
head, the one halfe to be payd by the owners, and the other
halfc by tho hoard.
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,
covenaimt, bargaine or morgage nott so entered, though aueh
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 secretaiy to bo 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 marshaU, and thatt the marshall for serveing them
receive of the plaintiff, till itt be ordered who shall pay, 4'* for
a warrant, and Q'^ for an attatclunent. For every tryall in the
Court, the plaintiff or deffeudant, or both (if there be cause)
pay to the Treasurer ouer and above the warrant or attachm'
2^
Itt is ordered thatt every one wai'ned to the Court for trans-
gressing any Genf" Courts order, and found an offendof, or
being warned for fines or rates due and the same havcing
beene first pryvately demauiided by the Treasurer or Marshall,
sliall 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 yearos rate be forthw'h payd
w^hin 6 weekes att tlie most, [a]nd the constant yearely rates
to goe on in their halfe yeares course, according [to the] formi"
order, notw'hstanding.
[43] Itt is ordered thatt whosoever cutteth or causeth any
tree to be cutt downe vpon any comoii w'hin 2 miles of any
pt of the towno, w^hout leave, contrary to order, shall leave
the tree to the towne, lose all his labo% and pay 1= fine. If
he carry away the tree or any pt of itt he shall pay further
damage as the Court shall judg meete.
)yGoo»^lc
84 NEW HAYBN COLONY BECOEDS. [1643
A OOUET HOLDEN AIT NeWHAVBN THE 1* OP THE 1* MON :
1643.
John Laurence and Valentine, servants to Mr. Malbon, for
irabezilling their ma" goods, and keeping disorderly night
meetings w^h "WiH Harding, a lewd and disorderly person,
plotting w'h him to carry their ma''^ daughter to the farmes
in the night, concealing divers vnclcanc filthy daUianoos, all
w'h they confessed and was whipped.
Ruth Acie, a covenant servant to Mr. Malbon, for atuh-
ornes, lyeing, stealing fro her M'^, and yeilding to iilthy dal-
liance w'h Will Harding, was whipped,
Martha Malbon for, consenting to goe in the night to the
farmes w'h WiH Harding to a venison fej^t, for stealing things
fro her parents, and yeilding to filtliy dalliance w'h the said
Harding, was whipped.
Jane Aiidrewes, for yielding to filthy dalliance w'h the said
Harding, was whipped.
Goodm Hunt and his wife for Iteepeing the eouncells of the
said William Harding, bakeing him a pasty and plum cakes,
and keeping compajiy w'h 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 behavio', was
ordered to be sent out of this towne w'hin one moneth after
tho date hereof, yea in a shorter time, if any miscaryage be
found ui them.
Mr. Mouleno^, for his disorder att Totokett in building,
fencing, planting and the like, contrary to order, after he had
againe and againe beene warned fro tliis Court to the con-
trary, he haveing 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 peoce of a neck diacribed in a
writeing bearing date the 27"' of ^ 1639, writ by Mr.
Gregson, butt in itt hath forged a diseriptio differing fro thatt
made in Mr. Gregsons presence, and tliereby layd clame to the
whole necke, whereas the other was lymitted by a line and
marked w'-h. three strokes, butt his sentence respited.
)yGoo»^lc
1643] NEW HAVEN COLONT RECORDS. 85
[44] A Gen'" held att Newhaven the 5'^ op the
2'! MONETH, 1643.
A letter from Andrew Ward constable att Stamforde, bear-
ing date the 3^ of this p''senfc, written in the name and by the
consent of the free burgesses there, was read, wherein they
appoynt Gaptaine John Vnderhill and Richard Geldersleeve
for their deputyes att this Gen''i 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. Oaptaine Vnderhill and Richard Gel-
dersleeye haveing accepted the charge given here to members
of this Court, the Court proceeded to electio, and Thirston
Eayner 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.
AUso vpon a motio made by the afforesaid deputyes for
Stamforde, Itt is ordered by tliia Court y' those fewer men
allready imployed in the townes occasions there, namely, Oap-
tauie Jolm Vnderhill, Mr. Mitchell, Andrew Warde and Rob'
Coe shall, (till the aforesaid next Gen^" Court for elections)
assist as the deputyes att Newhaven in. coxmcell and advice
for the more comely carrying on of publique affayres, the
being annexed to and p^served in the magistrate or magis-
tracie.
Mr. Malbon, Mr, Gregson, Mr. Gilbert and Mr. Wakeman
chosen deputyes for tbe next halfe yeare.
Mr. Malbon chosen Treasurer for tliis yeare.
Itt is ordered thatt leivetenaunt, the antient, an the fower
sergeants, out of respect to their places, and for then- incour-
agement, shall be henceforth exempted fro watching, yett so
as thatt they must take their turues 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
infeiio'' officers, namely a sergeant or a corporall, or both, to
exercise them in the millitary way, provided thatt such officers
)yGoo»^lc
86 NEW HAVEN COLONy EECOEDS. [1643
be both members of the church, and p'sented to and approved
off by the magistrate aud deputjes for Stamforde, the fonda-
mentall agreement for votes and elections being still p'served
intyre and inviolable.
The Court being informed thattpeeces of eight, both in tlie
Matachusetts Bay and some other places, doe by order passe
currantly att five shilhngs, itt was ordered thatt they shall
pass att the same rate both here and att Stamforde among the
planters till tlie Gen''" Court see caiise to alter itt,
Itt was ordered thatt in case any pnblique occasio require
the heipe of labourers or workmen on trayning dayos, the mag-
istrate may send to tlae Oaptaine 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 otiierwayes 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 effects
ing thereof.
Itt is ordered thatt brother Abbott and brother Hull shall
be freed fro trayning, by reason of tlieir bodyly infirmityes.
[45] Itt is ordered thatt brother Attwater and !Rob' Hill
shall be exempted fro 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 1^ a weeke for her
paines.
Whereas Goodma Osborne hath heretofore spoyled divers
hides in the tailing w^h he aleadgeth was for want of skUl or
experience in the taiine of ttiis country, ho promisctli for the
time to come to make good whatt is spoyled in the tailing, for
now he knowes the nature of the tanne, and therefore, if any
hides bo now spoyled itt is tlirough his default.
)yGoo»^lc
1643] NEW HAYEK COLONY RECORDS. 87
A Gbn'" Couet the 6' op the 2^ moneth 1643.
Itt was ordered thatt Mr. Eaton and Mr. Gregaon as com-
issioners for this jnrisdictio of Newhaven shall goe w% other
eomissioners for other plantation 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 eeo cause, for the exalting of Chriats
ends and adyanceing the publique good in all the plantationa.
And allso thatt Mr. Goodycare, o' pasto', the fower depu-
tyes, together w'h Georg Lamberton, Rob* Newman and Tho :
Fugill shah meete and advise wUa them before tliey goe, tho
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-
sidcratlo, they are desired to repaire to the comittee, or any
one of tliem to cast in whatt light they can.
A Gen''" Court the 26th of the 2"^ Moneth, 1643.
The comisaionors aforesaid desired the Court now to pro-
pound any thing to them tliatt 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 faithfuUnes of those Wh they had ehoaen and.
intrusted for thatt great busines, and therefore had nott
thought of any thing butt whatt tliey thought had becne con-
sidered off, and would be provided for by those intrusted.
Itt ia ordered thatt Goodm Oaborne shall have liberty to
eutt downe some trees in the cothon to gett bark fOr his tan-
ning, and the trees to remaine to the townes vse, either for
poata, railea or other Tses as the Court shall see cause to dis-
pose of them.
)yGoo»^lc
88 NEW HAVEN COLONY RECORDS. [1643
[46] A OOUKT HELD AIT NeWHAVBN THE Z^ OP THE 3^
MONETH.
Nicholas Gennings for comitting fornicatio wth Magerctt
Bedforde was scveerely whipped, butt his punishm' for other
misdomcano'' respited viitill aiiotlier Court.
A OOUET HELD ATtNEWHATEN THE 1^^ OF THE 4"' MONETH, 1643.
James Stewart, the last trayiung day, for runing att E^b'
Oampio w'h his pike, whereby he tore his doublett, and might
have Iiurt liim, was fined 5^ for the disorder, wh might have
beene of evill consequence.
Bro; Brockett, for late coming to traino fined 1'.
Joli. Beach, haveing killed a cow of George Smyths w*h the
falling of a tree, the said George required satisfactio, foras-
much as he concciveth thatt the said John did itt tlirough
negligence, butt he the said John BsEich alleadged for himselfe,
thatt he did nott doe itt negligently, for he being falling a tree,
there came some eowes aboiit lura, and the tree in the falling
did rest ■v'pon 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 mcane time
some goates coming vnder the tree he retourned to drive them
away allso, and then came in haste to give 3 or 4 chops att the
tree to hasten tho falling of itt before the catteU could come
againe.
Butt itt was testifyed 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 carefull 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 wh 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 carefull as he ought to
have beene, besides, they affirme 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 Hob' Campion, thatt he
)yGoo»^lc
1643] NEW HAVEN COLONY RECORDS, 89
the said John Beach did affirme thatt when ho was cutting
the tree the last time, he saw the cowes comeing againe, and
he did tlirow sticks att them, butt confessed he did not goe to
drive them as before, w^h was noted to he a great neglect of
him, and allthough he did alleadge hi the Court thatt he did
drive the cowes w'liout the compasse of the fallen trees afore-
said, brother Tompson observed itt to be an vntruth, for he
had toMe them att the first, when they went to veiw the cow,
thatt he drave them to such a place, Wh both he and brother
Andrewes afiirme was w'liin tlie aforesaid compasse, Vpon
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 more.
Margerett Bedforde, being convicted of fornicatio and steal-
ing w'li divers other miscarryages, was severely whipped, and
ordered to be marryed to Nicholas Gennings w'h whome she
hath beene naught.
[47] A Court nELO act Newhavkn thb 5'h ; 5iii
1643.
WiH: Fancie his wife, being chai'ged 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 valine 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 Oonectecutt, 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 Oonnectecutt, 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'h her in specie, and make double restitutio for the
rest.
Andrew Low, Jun' for breaking into Mr. Lings house, where
12
)yGoo»^lc
90 NEW HAVEN COLONY RECORDS. [1643
he brake open a ci.ip[boai'd] and tooke fro thence some strong
water, and 6'^ in mony, and ransaekt 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 tho meanes thatt have beene vsed to
reclame him, whcrcvpon itt was ordered, thatt he should be
as aeveerly 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*1 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 Goodman 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
bon-ow a gun of John Dillingham w'^h he was to restore againe,
butt dyed before itt was restored.
)yGoo»^lc
1043]
NEW HAVEN COLONY EECORDS.
N™,™ Of the
S|
1
1
il
1
^
ii
f^
[48]
G
ii
i
a
1
1^
11
Mr. Tlieoph: Eaton
3000
165
33 ■
163
612
10-13-00
Mr. Sam: Eaton
2
800
45
9
41
164
2-19-00
Mrs. Eaton
1
150
10
2
8
32
00-1 2-00
David Yale
1
300
17
3i
15i
62
01-02-06
Will Touttle
7
450
37
H
26
107
02-01-06
Eze: Cheevera
S
20
8
1 32
^
10
00-05-11
CaplaJne Tumei-
7
800
57
11
m
174
03-06-06
Eicli.-Peiy
3
260
20
4j-16
iH
58
01-02-08
Mr, Davenport
3
1000
5Vi
IH
5H
206
Rich:Malbon
7
500
42^
H
28Jr
114
02-06-06
Tho-.Nash
7
110
23
H 16
09
36
00-18-02
John Benham
5
070
16
3-32
6
24
00-12.04ob
Tho : Kimberiey
7
012
18-16
34-19
4-16
16i-24
00-11-02
Joh : Chapma
2
300
20
4
16
64
01-04-00
Math: Gilbert
2
600
35
}31
124
02-05-00
Jasper Craine
S
480
16^
3i-8
25i
120
01-15-01
Mr. Eoe
6
1000
65
13
63
212
An elder
4
500
35
7
27
108
02:01:00
Geo Lamberton
6
1000
65
13
5a
212
03-19-00
■Will Wilks
2
150
m
2i
^
34
00-13-06
Tho: Jeffrey
2
100
10
2
6
24
00-10-00
Eobt. Ceely
i
179
181-32
35-8
01-32
43
00-18-05
Nich: Elaey
2
30
64
li-8
H
10
00-05-01
Joh:Budd
6
460
31^
7J
25^
102
02-00-06
Rich: Hull
4
19
11
2-30
3
H|4
00-07-04
Will: Preston
10
40
27
5|-24
7
28
00-17-09
Ben : Fenne
3
80
9
lf-8
5
20
00-08-07
Will Jeanes
5
150
20
4
10
40
00-18-00
Joh: Brockett
1
15
Si
i-24
H
5
00-02-06oh
Roger AUen
1
40
^
1-24
n
10
O0-04-03ob
Mr. Hickocks
6
1000
65
13
53
212
03-19-00
Mr. Mansfeild
4
400
80
6
22
88
Tho: Gregson
6
600
46
9
33
133
Steph : Goodyear
9
000
72J
IH
54J
218
09-19-02
Will Hawkins
2
000
55
11
51
204
Jer: Whitnell
2
>050
7^
1^
n
14
00-06-06
Sam: Eayley
1
250
15
3
13
52
00-19-00
Tho : Buckingham
4
60
13
2J16
5
20
00-10-02
Rich : Miles
7
400
m
7i
23i
94
01-18-06
Tho : Welch
1
250
15
S
13
23
00-19-00
Nath:Axtell
1
500
m
6
25i
101
01-16-07
,Gooi^lc
NEW HATEN COLONY BECOE&S.
[1643
Hen : Stonell
1
300
17^
3^
15*
62
01-02-06
Will Fowler
3
800
47
H
«*
166
03-06-06
Peter Pi-eden
4
500
S5
r
27
108
02-01-00
James Preden
S
10
8
11-16
2
8
00-05-02
Edmond Tapp
7
800
62i
11^
4SJ
174
03-06-06
Wid: Baldwin
5
800
52i
lOi
42^
170
03-03-06
An elder
6
500
40
8
28
112
0-0-0
Rich : Piatt
4
200
20
4
12
48
01-00-00
Zack : Whitma
2
800
45
9
41
164
02-19-00
Tho: Osborne
6
300
30
6
18
72
01-10-00
Hen: Rudderforde
2
100
10
2
6
24
00-10-00
Tho : Trobridge
5
500
37^
7^
m
110
02-02-06
Wid: Potter
2
30
H
u
H
10
00-05-01
Joh: Potter
4
25
Hi
2*
H
13
00-07-09
Sam : "Whitehead
60
8
H 16
4
16
00-06-06
Joh: Clark
3
240
19^
34 24
13i
54
01-11-OOob
Luke Atkinson
4
50
10
2 16
4|
18
00-09-06
Arther Halbidge
4
20
11
2 32
3
12
00-07-04
Edward Banister
3
10
8
li 16
2
8
00-05-02
Will Peck
4
12
10^16
2 16
4-16
10^
00-06-10
Joh:Mosae
3
10
8
1^-16
2
8
00-05-02
Job : Charles
4
50
12i
^
*J
18
00-09-06
I«ch: Beaeb
1
20
H
.}32
ll
6
00-02-10
Timotliy Forde
2
10
H
1-16
n
6
00-03-08
Peter Browne
3
30
9
l|-8
3
12
00-06-07
Danie! Paule
1
100
7i
H
5i
22
00-08-06
Joh : LiTermoore
4
100
15
3
7
28
00-13-00
Anlbo : Tompson
4
150
m
3^
9i
38
00-16-06
Joh : Reeder
2
140
12
2i-24
8
32
00-12-10
Eobt. Cogswell
4
60
13
l|-16
5
20
00-10-02
Mathi : Hitchcock
3
50
10
2
4
16
00-03-00
Fra:HaU
3
10
8
IH^
2
8
00-05-02
Rich : Oaborae
8
10
8
H16
2
8
00-05-02
Will Potter
4
40
12
2i24
4
16
00-08-09ob
James Clark
4
50
12^
^
ii
18
00-09-06
Edward Patteson
1
40
H
\M
2^
10
00-04-03ob
Andr. Hull
4
40
12
2i 24
4
16
00-08-09ob
Will Ives
2
25
6i
li
2i
09
00-04-09
Geo; Smyth
1
50
■5
1
3
12
00-05-00
Widd : Sbirman
2
50
7i
U
H
14
00-06-06
Math Mouhhrop
Tho : James sen.
5
200
22J
4^
12
50
Wid: Greene
3
80
n|
2i 24
5
22
00-10-02
Tho: Yale
1
100
7i
4
5
22
00-08-0 G
Tho: Fugill
2
100
10
2
6
24
00-10-08
,Gooi^lc
1643]
NEW HAVEN COLONV EEC0BD8.
Joli.-Ponderson
2
180
14
2^32
10
40
00-15-06
Joii : JoliBaoa
5
150
20
4
10
40
00-18-O0
Abra: Bell
10
3
|16
1
^
00-02-02ob
Joh: Evance
500
m
6^
251
102
01-16-06
Mr. Mayres
800
45
9
41
164
02-19-00
Mrs. Constable
150
15
3
9
36
00-15-00
Josuah Attwaf«r
300
20
4
16
64
01-11-06
Tho:Fugai
400
22J
^
20,
82
01-09-06
Edward Wigglsw:
800
22^
4|
16
66
01-05-06
Tlio: Powell
100
?!
^
5:
22
00-08-06
Hen: Browing
340
37
7J24
21
84
01-15-09
Mrs. Higiaon
250
32i
H
16i
66
01-08-06
Edw: Tcncli
400
27^
H
2H
86
01-12-10
Jer : Dixon
300
11
n
isl
62
01-01-04
Will Thorp
10
8
n 16
2
8
00-05-02
Eobt. Hill
10
3
|l6
1
4
00-02-02
Wid: Williams
60
8
lil6
4
16
00-07-02
Andr. I^w
10
8
1 16
2
8
00-05-02
Fr. Newman
160
13
2 16
9 .
36
00-14-02
Joh: Cafflns
500
67i
1 i
291
73
02-08-6
David Attwater
Lucas
500
400
241
23
141
92
1-U.4
35
7
Dearmer*
300
m
3^
15J
62
Ben Ling
2
320
21
4-32
17
68
01-05-04
Eobt. Newman
2
700
40
8
36
144
02-12-00
Will Andrews
8
150
271
H
11^
46
01-02-06
Joh: Oowp
3
30
9
If 8
3
12
00-06-07
Ricb: Beckley
4
20
11
2-32
3
13
00-07-04
Mr. MarshaU
5
1000
62^
I2J
52
210
03-17-06
Mrs. Eldved
5
1000
62|
12I
52
210
03-17-06
Fran: Brewster
9
1000
35
7
54^
263
03-15-10
Mai-k Pearce
2
150
12^
n
8
34
00-13-06
Jarvia Boykin
2
40
7
l|-24
12
00-05-09
Jam^ Eussell
2
20
6
1-32
2
8
00-04-04
Geo: Warde
6
10
15
3-16
H
14
00-09-08
Lawrence Ward
2
30
6^
1^-8
2I
10
00-04-09
Moses Wheeler
2
50
H
1*
3^
14
00-06-06
* Jii tlie marjjn, Thorn Lord, i, Robert Tamadg, \.
)yGoo»^lc
NEW HAVEN COLONY REC0ED9.
I
The namos of y
Tennants of oyetecL_.
field; b^inning 1648.
M'-cIi 10'''.
Praneis Browne 3 ao'
for ye/err^.- rait free.
Tbom Motis '
"William Paine ;
Widdow Knowles !
Jn" Coopr
Mr Malboii '.
Henry Morell 1
Mr Gilbert ;
EobertPig i
Francis Browne i
Jobn Walter !
Jobn Hall '.
Thorn : Munson i
liobert Martin i
William Holt S
William Pecfce 1
for a shooting place.
43
Phillip Loeke y' ia
Mr.Lncashomelott. Joseph Pecko ) , „
William Johnsotl ( f^'' "" "'^'^^
Thomas Beamond ) ^ poiiion.
Mr. Lncas out lotls. William Thoi-pe 4 : ae's of ye first
Joseph Pecke
Henry Poclte
Tho Beamond
William Johnson
meddow and 12
ae's of vpland
in y' second di-
Jeremiah Wbitnel i: nc' in j
deyiaeion w'hin j' 2 miie.
three acs of meddowe &, 12 a<
y' second diriseion.
John Ponderaon 5 ac' of medd
20 ao' of y' sec devission.
[t lotta. Thomas Wheeler senio'
Thomas Wheeler junio' Each of these nve to iiaii
Henry Glouer "*'" ^° '^ ™'''' "" ^
WiUiam Holt
Joseph AlEop 1 VI ^ ■, 1, o
Phillip Leeke J
Andrew Low j
Christopher Todd f Eao&of thosetoliaiiati:.i
Henry Morell ) J= -i = "^^ l" 3 : pis.
The Meddow and second divission to be devided e
betwixt Nathaniel Men'iman, Mathias Hitchcocko aii<
Whitehead if he accept it.
Mr. Eoes out lotts,
William Gibbons
John Hall
Jci-omioJi How
Robert Martin
William Ruasell
William Paine
Jonathan Marsh
John Walker
ErftQcis Browne
Abraham Dowlitle
)yGoo»^lc
NEW HAVEN COLONY RECORDS,
Tliom. Miinsoii 4| ac' in y" 2^ deviaio w
Mr. Malbona.
Phillip Leeko two ac'' in y' first deyis. S ; in y' 3'' w'hin ye
Joseph Nash two ac' J out of Mr. E
third deyie, w'h
The meddow and second dBTissioii of rpljind is granted to
JohnBro«ltct and TlioniBS Barnes,
A lott reserved for J Mr. Auger Iho home lott and halfe yc accomodations,
an Eldei- f Thorn. Moris 1 quarter of y accomodations,
William Andrewes 3 ; no's of meddow, 12 ac" of y« sec devies
Andrew Low 2 ac i of moddow ; 9 : ac" of y" sac devies.
Joseph Nash li ac' meddow in y mill meddow : 6 ; ac sei
d[eviss]
John Vincon 1
Joseph N
> aboute 5 act 3 of y' sec & third deviss.
At a, Court 8ih Nouemb' 1852, the land in the
neck belonging to Mr, Hoes lott, M"' Eldred.s,
and Mr, Lueas was giuen to y° Gonerno'.
Aprill the 20'Ii 1[ ] *
The comittec appointed to dispose of the absent lott mett &
vpoii the request of Mathew Camfeild, granted to him the
home lott Wh was laide out and reserved for M''^ Eldred,
vpon the conditions following viz^
That he plant it all w'h fruit trees, except abouto 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 maintayne and keepe it, and if in ye terms of five
yeeres, the towne shall see cause to dispose of it to any man
wh may be of publique vse and benefit to the towne, it is to
be at the towues dispose, payeing him for his trees and his
fenc aboute y« lott, as they shaU be then worth, being equally
vallewed by indifferent men, but if the towne shall not dispose
of it to some such man w%in y^ terme of 5 yeeres, that then
the said Mathew Camfeild shall haue the lott, paying to the
towno 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 coniittee
granted Mr. Roes home lott, to Mr. Davenport, Mr. Gilbert
and Mr, Crane.
* The date of this entry is probably i64S.
)yGoo»^lc
96 NEW HAVBK COLONY RECORDS. [1643
[Next after are reoorded in the handwriting of Mr. Gibbard, tlie ludisin deeiis wliioli
have been transferred to the beginning of liiia TOlume.
There appears lo have been no pagBs numbered from 61 to 62,]
[In tJie handivriting of Tliomas FugltL]
[62] Att a Gen''!' Oouet held att Newhaven pok the
Plantations w'hin this Juetsdictio, the 6' op July, 1643.
Mr. Leete and Mr. Disbourough of Maniinkatuck were ad-
mitted members and received the charge of freem for this
Court. Brother Pi'eston allso admitted member of tliia 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 confoederation 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 wth
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, Aiid itt was
ordered thatt the Secretary enter tliem as a recorde. A letter
allso from Mr. Wintropp, Governo'^ of the Massachusetts,
dated the lO^h of June last past was read, wherein from Mr.
Winslow he signifies tlie cheerefull concurrence of the Court
att Plymouth in the said confcederatio, according to the fore-
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 comissionei's at
Boston. Lastly, the said Mr. Eaton and Mr. Gregson were
by this Court chosen and invested w% full power, (according
to the tennc and true meaning of tiie said Articles,) as coih-
issoners for this jurisdictio in the meeting for this confceder-
atio, to be held att Boston, the 7^'' of September next.
Manunkatucli named Guilforde.
Itt ia ordered thatt every male, fro 16 yeares olde to sixty,
w'hin this jurisdicto, shall be forthw*h furnished of a good
)yGoo»^lc
1643] NEW HAYEN COLONY RECORDS. 97
gun or jnusketfc, a pound of good poudcr, 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 bulletts fitted to
their guns, and so continue furnished from time to time, vnder
the penalty of 10^ fine vpon every defect in any of the fore-
named perticulars. And itt was further ordered thatt tlie
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 tlie 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
retoui-ne 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 21 fro Yenycott shall be forthw^h raised and payd into
the treasury of Newhaven towards the chai'ges about the com-
binatio.
Mr. Goodyeero 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 rateing all men imptially ac-
cording to their accomodations w'hin the libertyes of this
plantation, & thatt it wiU. be expected thatt the same rule be
attended vnto by them there allso.
[63] l|Itt wa^ ordered thatt each plaiitatio w'hin this jaris-
dictio shall have a coppy of tlie Articles of Confcederatio, ibr
■wh they are to pay the Secretary.
A letter from Mr. Wintropp was read, wherein he layd
downe divers reasons why the Massachusetts gave liberty to
the Frenchmen, late arrived there, to gett whatt help they
coulde in thatt jurisdictio to assist them in their enterprize att
the French plantatio.
|The I'cmiiinder of this psigc is blank.]
,Gooi^lc
98 NEW HAVEN COLONY BECORDS. [1643
[64] Articles of Confcederatio botwixt tlie Platations vnder
the Gotierm' of the Massacusetts, the Plantations vnder
the Gou'ii* of Newplymouth, the Plantations vnder the
Gou''m' of Conecticutt, and the Gou'in' of Newhaven
w'h, the Plantation m combinatio w'h itt.
"Whoroas we all came into tliese pts of America w'h one
and tho same end and aymo, namely to advance the kingdome
of C Lord Jesus Christ, and to enjoy the libertyes of the Gos-
peU in purity -w'h peace, and whereas in o^ 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 com^mieate
in one governm* and jurisdictio, & whereas we live incom-
passcd w'h people of soverall nations and strange langixages,
w^h hereafter may prove injurious to vs or our posterity, and
forasmuch as the natives have form'ly comitted sundry inso-
leneies and outrages vpon severall plantations of the Bnghsh,
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
frutca of protectio w*^!! atfc otlier times we might well expect,
We therefore doe couceiye 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, wo bee and
continue one, according to the tennure and true meaning of
the ensueing articles.
1 Wherefore itt is fully agreed and concluded by and be-
t\¥eene the ptyes or jurisdictions above named, and tliey
joyntly and severally doe by these presents agree and conclude
thatt they all be, and henceforth be called by the name of tlie
United CoUonyes of New England,
2 The said United Colonyes, for themselves and tlieir pos-
terityes, doe joyntly and severally, hereby enter into a firme
and pei-petuall leage of frendshlp and amyty, for offence and
defence, mutuall advice and succour, vpon all just occasions,
)yGoo»^lc
1643] NEW HAVEN COLONY RECORDS. 99
both for p''serving and ppagateiiig the truth and hbertyes of
tho Gospell and of their owne mutiiall safety and wellfare.
3 Itt is furtlier agreed thatt the plantation w^h att present
are or Iiereafter shall be settled w'hin the lyinitts of the Mass-
acusetts shall be for ever vnder the goverm' of the Massacu-
setts, and shall have peouhai' jurisdictio amongst themselves
iu aU cases as a entire body, & thatt Plymouth, Oonectecut
and Newhayen shall each of them in all respects have the hke
peculiar jurisdictio and goverm' w'hin theirliinitts, andinref-
errence to tl]e plantations w«h allready are settled or shall
hereafter be erected, and shall settle w'hin any of their lymits,
respectively; provided, thatt no other jiirisdictio shall hereaf-
ter be taken in as a distinct head or member of this confceder-
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 confcederates, be received hj any of
them, nor shall any two of these confcederates joyne in one
jurisdictio w'hout consent of the rest, wh consent to be inter-
preted as in the sixt ensueing article is expressed.
4 Itt is allso by these confcederates agreed thatt the charge
of all just warres, whether offensive or defensive, vpon whatt
pt or member of this confcederatio soever they fall, shall both
iu men, provisions and all other disbursm'^ be borne by all the
pts of this confcederatio in different proportions, according to
their different abilityes in man'' following, Thatt the comis-
sion'' for each jurisdictio from time to time, as there shalbo
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 sobW they be, from
sixteene yeares oldo 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, vp6 a true and just
account, y^ service of men & all ehai-ges of the warre be borne
by the pole, each plantatio or jurisdictio being left to their
owne jnst course & custome of rateing themselves and people,
according to their different estates, w'h due respect to their
quallityes and exemptions among themselves, though tho con-
ftederatio take no notice of any such p'veledg, and thatt
)yGoo»^lc
100 NEW HAVEN COLONY HECORDS- [1643
according to the differ' charge of each jurisdictio & plantatio
the whole advantage of the warre, (if it please Grod so to
blesse tlioir endeavo^^) whetlier itthe in lands, goods orpsons,
shall be pportionably derided among the said confcederates.
[65] 6 Itt is further agreed thatt if any of these jurisdic-
tions, or any plantation vnder or in combinatio w'h tliem, be
uivaded by any enemy whomsoever, vpon notice and request
of any three magistrates of thatt jiirisdictio so invaded, the
rest of the confcederates, w^hout any further meeting or
expostulatio, shall forthw^h send ayde to the confosderate m
danger, but in different 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 confcederate, nott exceed-
hig the nunabr hereby agreed, they may crave help there, and
aeeke no further for the p'sent, the charge to be borne as in
this article is expressed and att their retourne to be victuaJled
and supplyed w'h powder and shott (if there be need,) for
their journay, hy thatt jurisdictio Wh imployed or sent for
thom, butt none of the jurisdictions to exceed these numbers,
tiU by a meeting of the comissioners for this confcederatio, a
greater ayde appeare necessary, and this proportio to continue
till vpon knowledge of the numbers in each jurisdictio (w=h
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'"s for this confcederatio, 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, w'hout requiroing any allowance
from the rest of the conftederats 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
)yGoo»^lc
1643] NEW HAVEN COLONY EECORDS. 101
convenient place as themselves shall thinke mcete, to consider
and pvide against the tlireatned dangei-. Pvided, when they
are mett they may remove to whatt place they please, onely
while any of these fewer confcederates have btitt 3 magistrates
in their jurisdictio, a request or sumons from any two of
them shall be aeounted 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 affayi-es pp to, & concerning the whole conftederatio,
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 wUi vs , wh shall bring full power from their
severall Gen'" Courts respectively, to lieare, examine, weigh
& 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 confced-
erates or plantations into combinatio w'h any of these con-
f<edexate8, and ail tMngs of like nature W^h are the pp con-
comitants or consequents of such a confcederatio, for amyty,
offence and deffence, nott intei-medlnig w'h the gou'm' of any
of the jurisdictions, w=h, by the third article, is prserved
iutirely to themselves.
Butt if these eight comisBion' 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 doe not agree, thatt then such proposi-
tions w'h tlieir reasons, so farre as they have beene debated,
be sent and referred to the fewer Qenerall Courts, (viz) the
Massacusetts, Plymouth, Oonectecixtt and Newhaven, and if
at all the said Gencrall Courts the busines so referred be con-
cluded, then to be psecuted by the confcederates, and all their
members. Itt is further agreed tliatt these eight comissioners
shall mectc once every yeare, besides extraordinary meetings,
according to the fifth article, to consider, treate and conclude
of all affayros belonging to this confcederatio, w=h meeting
shall ever be the first Thursday in September, and thatt the
)yGoo»^lc
102 NEW HAVEN COLONY EECOBDS. [1643
next meeting after tlie date of these p''seuts, w^h shall be
accounted the second meetuig, shall be att Boston in the Mas-
sacusetts, the third att Hartforde, the fowerth att Newliavenj
the fifth att Plymouth, the sist 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
jurisdictions.
[66] 7 Itt is further agreed thatt att each meeting of these
eight comissionrs, whether ordinaiy or extraordinary, they all,
or any sis of them agreeing as before, may chuse their presi-
dent, out of themselves, whose office & worke shalbe to direct
for order and comely carrying on of all proceedings in tlie
p^'sent meeting, butt he shalbe mvested w'h no such power or
respect as by w"h he shall hinder the propounding or prog-
resse of any busines, or any way cast tlie stales, othei-wise
then in the pi'sedent article is agreed.
8 Itt is allso agreed thatt the comission's for this confoed-
eratio hereafter att their meetings, whether ordinary or extfa^
ordinary, as they may have Comissio or oportunity, doe en-
deavour to frame and establish a^ecmta and orders in gen^"
cases of a civill nature wherein all the plantations are inteiv
essed, for pf'serving peace amongst themselves, and p''venting,
(as much as may be) all occasions of warre or differences w'h
otliers, as about the free and speedy passage of justice in each
jurisdictio to all the confoederates equally as to their owue,
not receivmg those thatt remove fro one plantatio to another
"W'hout due certifficates, how all the jurisdictios may carry itt
towards the Indians, thatt tliey neither grow insolent, nor be
injiired w'hout due satisfactio, least warre breake in vpon the
confoederates tlu'ough such miscarrya^es. Itt is allso agi-eed,
thatt if any servant run away from his ma^^ into any other of
these confcederated 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
psues and brings such certifficate or proofe, and thatt vpon the
escape of any prisoner whatsoever or figitive for any criminall
)yGoo»^lc
1643] NEW HAVEN COLONY EECOEDS. 103
cause, wiJier breaking prison, or getting fro the officer, or oth-
erwise escapeing, vpon the certifficate of two magistrates of
the jorisdictio out of w"h the escape is made, thatt he was a
prisoner, or such an offendo'' att tlie time of the escape, the
magish'ates, or some of tliem, of tliatt jurisdictio where, for
the pfsent 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 otlier peon who psueth him, and if there be help
required for the safe retourning of any such offender, then itt
shall be granted vnto him thatt craves itt, he paying the
charges thereof.
9 And for thatt the justest warrcs may be of dangerous
consequence, especially to the smaller plantatiQs in these
vnited collonyes, itt is agreed thatt neither the Massaousetts,
Plymouth, Conectecutt, nor Newhaven, nor any of the mem-
bers of any of tliem, shall, att any time hereafter begin, vndor-
taJte or ingago themselves, or this eonfosderatio, or any pt
thereof, in any warre whatsoever, (sudden exegents w'h tlie
necessary consequences thereof excepted, wh. 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
sis of tlicro, as in the sist article is provided, and thatt no
charge be required of any of the confcederates in case of a
defensive warre, till the said comission''s have mett and
approved the justice of the warre, and have agreed vpon the
sum of mony to be leivied, w=h su is then to be payd by the
severall confcederates, in proportion, according to the fowerth
article,
10 Tliatt in extraordinary occasions, when meetings are
suinoned by three magistrates of any jurisdiotio, or two, as in
the fift article, if any of the coroissioners come not, due
warning being given or sent, itt is agreed thatt fewer of the
comissioners shall have power to direct a wai-re w°h cannot be
delayed, & to send for due proportions of men out of each
jurisdictio, as well as sis might doe if all mett, but nott less
then six shall determine the justice of the waiTe, or allow the
)yGoo»^lc
104 NEW HA.TBN COLONY RECOEDR. [1643
demaunds oi 1 ill of thaig =^ a cause any levies to be made
for the same
11 Itt is fiirtbci ayecd thatt if any of the confcederatos
shall horcaftei 1 leake iny of thesB p'sent articles, or be any
other way injuiious to any one of the other jurisdiction, such
breach of aj,ieemt oi mjmy shall be duely considered and
ordered by the com -is' for the ether jurisdictions, thatt both
peace and tlii% p ent confcedeiation may be intyrely p'served
w*hout violati d
[67] 12 La tlv this ppetuall confoederatio and the sevorall
articles and ogioem « thertof being read and seriously consid-
ered, both by tlie Generall Court for the Massacusetts, and by
the comission''' for Plymouth, Oonectecutt and Newhaven,
were fully allowed and confirmed by three of the forcnamed
confederates, namely, the Massacusetts, Conectecut and New-
haven, onely the comissioners from Plymouth, hayeing noe
comission to conclude, desired respite till they might advise
w'h their Generall Court, Wherevpo itt was agreed and con-
cluded by the said Court of the Massacusetts, and the comis-
sioners for the other two confcederates, 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
confcederates doe, by these p^'sents, conclude the whole eon-
fcederatio and all the articles thereof, onely in Septem. next,
when tlie second meeting of the comission" is to bo att Eos-
ton, new consideratio may be taken of the sist article, w*h
concerns number of comissioners for meeting and concluding
the affayres of this confcederatio, to the satisfactio of tlie
court of the Massacusetts, and the comissionrs for the other
two confcederates, butt the rest to stand vnquestioned. In
testimony whereof, the Gen'^' Court of the Massacnsetts, 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.
)yGoo»^lc
1643] NEW HAVEN COLONY RECORDS. 105
A COUKT HBLU ATT NeWHAVEN THE 2'' OP
August 1643.
Whereas there is a difference depending hetweeiie Eobert
Ceely, and Danioll Paule, about a note of agreement betwoenc
them Ynder both tlieir hands, w'h both tlseii" consents, itt was
referred to Mr. Malbone and Mr. Wakeman to arbitrate and
determine as they shall see cause,
A difference allso betweene Witt. 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 Eedforde, 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 satisfactio to
Captaine Turner (her said ma^,) for thatt losse of time,
according as itt shall be arbitrated by Mr. Gregson and Mr,
Wakeman, who are desired by the Court to doe the same,
And the said Nicholas is to make 2 folde restitutio for those
thin^ .w^h are confessed by them to be stolen from the said
Captaine Turner.
)yGoo»^lc
1013 NEW HAVEN COLONY EECOEDS. [1643
[08] A Court hfxd att Newhaven
2 August 1643.
John Thickpeiiy, about tlie age of 25 yeares, marriaiier, iu
the Cook w^a George Lamberton in his last voyage to
Delaware Bay, being duely sworne and examined, de-
posetii,
Thatt he was present in the pinace called the Cock whereof
Gcorg Lamberton was ma'', rideing at ancre about 3 miles
above the Sweeds fort in Delawai'o River, when a letter was
brought tlie Sweeds governo' by Tim. the barber and Godfrey
the marchaiits man coming w'h Mm ; they tolde liim, tliis
deponent in Dutch, a language vf-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 tlien come to
trade with the said Mr. Lamberton, desireing 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 markew^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. Tliis 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, ho 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 governo', the said Mr. Lamberton,
this deponent, and the said Isaack were all cast into prison
together, (butt a wMe tlie 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 Wh time John Woollen, servant- to Mr. Lamberton, (and
his interpreter betweene him and the Indians,) was eoihittod
to the same prison in irons, wh, he himselfe said, the gover-
nor had putt vpon him w'h his owne hands.
And furtlier this deponent saith thatt the said John Woolen
tolde him thatt att his, the said John Woollens first coming
)yGoo»^lc
1643J NEW HAVEN COLONY RECORDS. 107
into tlie Sweeds fort, he was brought uito a roome in Wh the
governours wife, Tymotliy the barber, and the watch maister
came to Mm 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
owne chamber and gave him more strong beer and wine, and
drunk freely w'h him, entertayniug of him w*h mucli respect
seemingly, and w^h profession of a gi'eat del of love to him,
[69] ||makeing many large promises to doe very much good
for him if he would butt say thatt Georg Lamberton had hyred
the Indians to cutt off 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 sliould 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 govcrno'' seamed to be exceeding
angry, and thi-eatned Iiim very much, and after thatt drunke
to him againe, and prest him to confess as before, Wl\ the
said John Woollen refusing, the governo' was much enraged,
and stamped w'h his fcete, (w^h this deponent himselfe heai'd,
being in the roome vnder Mm,) 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 saitli, thatt the aforesaid Sweeds watchnia'' came into
the prison, and brought strong beere, and drunke w'h them
about 2 bowers 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 Jolm 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, tliatt he would speake any thing to
thatt pm'pose, 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 watcli-
)yGoo»^lc
108 NEW HAVEN COLONY RECORDS. [1648
mar prest him, this depoaeat, to the same purpose, and he
shoiild have his liberty, wh he allso refused, knowing no such
thing.
This deponent, thatt att anotlier time while he was in prison,
Gregory, tlio marchanta man, came to him and tolde him
they were sent by the govemc to charge him w^h treason w=h
he had spoken against the Queene and Lords of Sweden,
namely, thatt he had wished them burnt and hanged, w"h he
tills depont vtterly denyed, and then the said fetched a
flagon of strong beere and dmnke itt w^h him, and after thatt
fetched the said flagon full of sack and drunke thatt w'h him
allso, and bid him call for wine and sti'onge 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 tliatt itt was so, and thatt
George Lamberton had given cloth, wampom, hattchetts and
knives for thatt purpose, pressing him to say so and 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
shoxild 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 w'h
him, for he could nott say any such tlmig, and furtlier he saith
nott.*
* At tlie meeting of the commissioners for Hie United Colonies, at Eostou, in Sep-
tember, 1S13, Ml-. Eaton and Ml-. Gregaon comphunsd of the injariea Hie people of
New Havan had received from the Dutch and Sweeds both at Delaware Bay and eisa-
where, and the commiesionara Inataieted Winthrop to write Printz conoaming the
foul mjuries 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 wiHi him about settling tlidi- trade and plmtation. Hanard, II.,
11. WiDthrop, II., 140. BrodheadB N. Y., I., 8B2.
)yGoo»^lc
1643] NEW HAVEN COLONY RECORDS. 109
[70] A Court held att Newhavc the 6^ op
September 1643.
Marke Pearce, Wili Holt, Edward Camp, brother Potter,
Hen. Lendall, Hen ; Line, TJieophilus Higginson and Matliew
Row, for coming late the last trayning day, were fined each
man one shiUiiis.
A COUET HELD ATT NeWHAYEN THE 4"' OP
October 1643.
Eob' Hill, for neglect of his watch, was fined 5 shillings.
Eobt. Lea, for want of armes, was fined 5^.
Mighell Palmer, for the same, was fined 5'.
Eicc. Edwards, for tlie same, was fined 5s,
Lube Attkinson and John Vincent fined each 1^ for late
comeing,
Itt ia ordered tliatt there shall be a gen''" muster, the next
second day, w'h an esact veiw of aU tlie armes, to see thatt
none be defective in armes, shott and ponder, according to the
order in thatt case.
Nathan Burchall confessed, thatt he haveing lived some
time in Mr. Newmans house, and thereby haveing aoquan-
tance w^h the house and the wayee of itt, had divers tempta-
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 elos-
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 moanc time he is
to be kept in prison, or else lyo in baile for his appearance att
the next court. ,
)yGoo»^lc
110 NEW HAVEN COLONY EECORDS. [1643
A Gen'II Ooukt held att Nbwhaven
THE 14"! OP October
1643.
Itt was ordered thatt 6 men shall forthw'h be sent from
hence (to joyne w'h 8 of Connecteeutt, to assist Vnkas
against the Narragansott Indians, whom he expects shortly to
warr vpon him,) and accordingly to be fitted ajid furnished
w'h all neccssaryes for such a Yoyage and entcrprize*
[71] A Gen'"" Court held att Newhaven the SJ^h op
October 1643 :
"Whereas this plantation att first w'h gen'" and full consent
laid their foundations thatt none butt members of aproved
churches should be accounted free burgesses, nor should any
else have any vote in any election, or power, or trust in order-
ing of civill affaytes, in w'^h way we have constantly proceeded
hitherto in our whole court, w'h much comfortable fruite
tlirough Gods blessing. And whereas Stamforde, Guilforde,
Tennicock, have vpon the same foundations and ingagements
entred into combination w'h vs, this Court was now informed,
thatt of late there have beene some meetings and treatyes
betweene some of Milfordef and Mr. Eaton, aboiit a combina-
tio, by wh it appeareth, tliatt Milforde hath formerly taken m
as free burgesses, six planters who are nott in church fellow-
shipp, w"h hath bred some difficulty in the passages of this
* The Coinmisaionera of the United Coloniee having, at thek session nt Boston, in
September, decided npon delivering up Miantonimo to be put to dentJ^ by Unoas,
ware apprehensive that the Niuragansatts would seek tj> I'evenge 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 bs rocoived into combinaoon &
as a member of the jnriediotion of Hew Haven, if Now Haven & Mylford agree vpon
the tearmes and condicona uraong Ihemaalves." Reo. U. CoL Sept. 1643. Up to this
time then, Milford eeema to have lemiuned a sepai'ate and independent colony. Hub-
bard, Hist. N. E. p. a7T, speaking of the settlement of Guilford and SfilEotd, says that
" every one stood so much for thak liberty tliat every planCataon almost intended a
peculiar government of thamselves, if they could have brought it about, but those
designs tended to the weakening of the country and hhiderance of the [general good
of the whole." See also Siiv. Winlh. i, 30S. Lambert, Hist. CoL H. H. 62.
)yGoo»^lc
1643] NEW HAVEN COLONY RECORDS. Ill
treaty, butt, att present, itt stands thus, the deputies for Mil-
forde have offered, in the name both of the church and towne,
first, tliatt tlie p'^sent six free burgesses who are nott chiireh
members, shall nott att any time hereafter be chosen, either
deputyes, or into any publique trust for tlie combinatio. Sec-
ondly, thatt tliey shall neither personaly, nor by proxi, vote
att any time in the electio of magistrates. And, thirdly, tliatt
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
sixfreemenbeing already admittedbythem,inay continue to act
in aJl 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 Generall Courts for the
combinatio or jurisdictio, w=h deputyes so to be chosen & sent,
shall aJlwayes bo church members.
The premises being seriously considered by the whole Court,
the brethren did express themselves as one man, clearely and
fully, thatt in the foundations layde for civill governm' they
have attended their light, and shoiild 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, Hthatt this their
vnderstanding of their way, and resolution to maintaine itt
should be enti'ed w'h tlieir vote in this busines, as a lasting
recorde. Butt nott foreseeing any danger in yeilding to Mil-
forde w'h tlie forementioned cautions, itt was, by geni'll con-
sent and vote, ordered thatt the consociation proceed in all
things according to the pi'mises.
A GENf" Court of Elections held
ATT NeWHAVEN for THIS JuRIBDICTIO
THE 26th OP October 1643.
Captaine Turner and Mr. Lamberton were chosen Deputyet
for the Court of combinatio.
)yGoo»^lc
112 NEW HAVEN COLONY RECORDS. [1643
Mr. Eaton was obosen Govemo'' for tliis yeare ensuing.
Mr. Groodyeare 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 Staniforde.
Mr. Leete and Mr. Disbrough were chosen Deputyea for
Gnilforde this yeare ensueing.
Thomas Fugill was chosen Secretary for the wiiolc combi-
natio or jurisdictio for this ensueing yeare.
Thomas Kimberley was chosen Marshall for this whole jitris-
dictio, for this ensueing yeare.
[7SJ A Gbn^" Court held att Nbwhavbn for the
JUEISDICTIO THE aT"" OP OCTOBER 1648.
Present.
Magistrates. Deputies.
Theophikis Eaton, Gonerno', George LambertouFNewhaven
Stephen Goodyear, Deputy, John Astwood > ,^, ,,.,. ,
m, r. T 1 oi ■ i^ Milforde.
Thomas Gregson, John blnrman j
William Fowler, WiH Leeto
Edward Tapp,
Rich : Gildersleeve | F Stam-
John Whitmoro j forde.
Itt was agreed and concluded as a foundamentall order nott
to be disputed or qirestioned 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 birtt 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 affayres, 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 comcrce,
according to such grants, orders and lawes as shall be made
concerning the same.
)yGoo»^lc
1643] NEl^ HAVBK COLONY RECORDS. ll3
2 All sucli free burgesses shall have power in each towne or
plantation w'liin this juriadiijtio to chuse fltt and able men,
from amongst tliemselvea, being church members as before, to
be the ordinary judges, to heare and determine all inferio''
causes, w'her civill or crirainall, proTJded 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 muide of God, revealed in his word, touching such offen-
ces, doe uott exceed stocking and whipping, or if the fine be
pecuniary, thatt itt exceed nott five pounds. In w"^!! Court
the magistrate or magistrates, if any be chosen by the free
burgesses of the jurisdictio for thatt plantatio, shall sitt and
assist w% 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 tlie whole jurisdictio.
[74] II 3. All such free burgesses tlirough the whole jurisdic-
tio, shall have vote in the electio of all magistrates, whether
Governor, Deputy GovernC, or other magistrates, w'h a Treas-
urer, a Secretary and a Mai'shaJl, Ac. for the jurisdictio. And
for the ease of those free burgesses, especially in the more
remote plantatios, they may by proxi vote in these elections,
though absent, their votes being sealed vp in the p^sence of the
free biu'gesses themselves, thatt their severall libertyes 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 affayres may require, and as they shall finde fitt men for
tliatt trust. Butt it is provided and agreed, thatt no plantatio
shall att any electio be left destitute of a magistrate if they
desire one to be chosen out of those in church fellowshipp w'h
them.
4, AU the magistrates for the whole jurisdiction shall meete
twice a yeare att Newhaven, namely, the Munday iinediately
before the sitting of the two fixed Generall Courts hereafter
menconed, to keep a Court called the Court of J
15
)yGoo»^lc
114 NEW HAYBN COLONT RECORDS. [1643
for the tryall of weighty and capitall cases, whether civill or
criminal!, 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 aU the inhabitants, whether free burgesses, free planir
ers or others, to account for the breach of any lawes estab-
lished, and for other misdemeanours, and to censure them
according to the quallity of the offence, in w^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 jurisdie-
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 afternoojie on Munday aforesaid, when the court
shall sjtt, 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 oceasio
the same, wh the Court of Magistrates shall judge off 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 eomplamts may be made
and brought to the Genr" Court as the last and highest for
this jurisdietio; btitt in all appeales or complants from, or to,
wliat court soever, due costs and damages shall be payd by him
or them thatt make appeale or complaint w'hout just cause.
5, Besides the Plantatio Courts and Court of Magistrates,
their shall be a Gen'" Co^' for the Jurisdietio, wh shall con-
sist of the Governor, Deputy Governor and all the Magistrates
w'hiu the Jurisdietio, and two Dep^ityes for every plantatio in
the J urisdictio, w«h Deputyes shall from time to time be chosen
against the approa,ch of any such Genf " Court, by the aforesaid
free burgesses, and sent w*h due certifiicate to assist in the
same, all w'^h, both Governor and Deputy Governo', Magis-
[75] trates and Deputyes, shall Jiave their vote || in the said
Court. This Gen'" Court shall alwayes sitt att Newhaven,
(vnless vpon weighty occasions the Genf" Court see cause for
a time to sitt elsewhere,) and shall assemble twice every yeare,
namely, the first Wednesday in Aprill, & the last Wednesday
)yGoo»^lc
1643] NEW HAVEN COLONY llECORDS. 115
ill October, in the later of w^h Courts, the Governo'', the Dep-
uty Goverjic 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 meuconed, 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 Genf" Courts, whether
ordinary or extraordinary, the Governo'' and Deputy Gov-
erno'', and all the rest of the magistrates for the jurisdictio,
wMi 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'"
Court, (vnless some providence of God hinder, ■w'^h the said
Court shall judge of,) or depart, or absent themselves disor-
derly before the Coiirt be finished, he or they shall each of
them pay twenty shillings fine, w'h due consideration of fiir-
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 tlie worde of GEod, and all
wholsome and sovnd fidvice Wh shall be given by the elders
and churches in the jurisdictio, so fai-r as may concerne their
civiE power to deale therein.
Seconly, they shall have power to mak and repeal© lawes,
and, while they are in force, to require execution of them hi
aU the severall plantations.
Thirdly, to impose an oath vpon all the magistrates, for the
faitlifuU discharge of the tnist comitted to them, according to
their best abihtyes, and to call them to account for the breach
of any lawes established, or for other misdemeanCs, and to
censure them, as the quallity of the offence shall require.
Powerthly, to impose and oath of fidelity and due subjectio
to the lawes vpon all the free burgesses, free ^plantei-s, and
other inhabitants wthin the whole jurisdictio.
51y to settle and Icivie rates and contributions vpon all tlie
severall plantations, for the publique service of the jurisdictio.
)yGoo»^lc
116 NEW HAVEN COLONY EECORDS, [1643
61y, to beare and detennine 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 aU w=h, w'h whatsoever else shall
fall w'hin their cognisance or judicature, tliey 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
Gen'" Court butt by the consent of the majo'' part of magis-
trates, and the greater part of Depatyes.
These genf"' being thus layd and settled, though w'h pur-
pose thatt the scircumstantiaUs, such as the vallue of causes
to be tryed in the Plantation Courts, the ordinary and iixed
times of meetings, both for the Geu''" Courts, and courts of
magistrates, how oft and when they shall sitt, w'h the fines
for absence or defa\ilt, be hereafter considered off, continued
or altered, as may best and most advance the course of justice,
and best sitte the occasions of the plantations, the Court pro-
ceeded to pf sent perticular busines of the jurisdiction.
[76] 11 Vpon a proposition and request made by Captaine
Vnderhill and Mr. AUerton by instructions from the Dutch
Govemour 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 victiialled, 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 cousiderd the propositions w^h the con-
sqnences thereof, and though they were affected w'h a due
sence of so much Christian blood, both Dutch and English
vnder the Dutch governm*, lately shed by the Indians, yett
iiott 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
ui the case of warr, they did nott see att present how they
might afforde the ayd propounded w'hout a meeting and con-
sent of tlie comissioners for the rest of the jurisdictions. Butt
if peace be nott settled this winter, so soone as tlie comiasion's
may meet in the spring, both the ground of the waiT, and the
ayd or assistance desired, may be taken into due considcratio.
)yGoo»^lc
1643] NEW HAVEN COLONY BECOEDa, IIT
and if, in the meane time, there be want of corne for men and
foode for cattell in supply of what the Indiana have distroyed,
these plantations will aiforde whatt help they may.
The Oonrt nott thinking itt nieete to afForde thatt ayd of
souldiers to the Batch, nor to send Captaine Vnderhill to lead
their men against the Indians w'hoiit the consent of y^ comis-
sioners for tlie coUonyes as is before expressed, a motion and
request was made by Captaine Vnderhill thatt twenty pounds
miglit be lent him to supply his present occasions, w*^h 20' shall
be repayed by the towne of Stamfoi-de out of the sallary fcliey
have mgaged themselves to allow him yearely, the one halfe in
March come twelve monetha, the other halfe the next ensueing
March, w«li will be An" 1645. W'^li 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 an duely repayd att the times
above menconed, the jurisdictio is willing to lend the said
Slim to prevent the snai'es of larger offers for his remove.
The court considering thatt by the articles of conftederatio
the comission's for the severall jurisdictions may be called to
meete extraordinarily vpon the vrgent affayres of the collonyes,
and thatt perhapa, w'h such short warning thatt there may
nott be time to cail a Gen'" Court from the remote planta^
tions, they did thhite itt needful! now to puide accordingly,
and by gen'" consent and vote, Mr. Eaton, Governo'^,and Mr.
Gregson, Magistrate, were chosen comission's for this jurisdic-
tion for the meeting at Hartforde in September next, w^h full
power to treate and determine, according to the forme ordered
by the comissioiiers att then last meeting. And in caae either
of them should be sick, oi by any other providence of God
hindred from the jouiuay And service, Mr. Malbon is by full
conaent and vote choaen and oideied to supply in thatt case.
Butt if a meeting should be sumoned before thatt time wh
might occasion a farther jouniay, 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
)yGoo»^lc
118 NEW HAVEN COLONY BBCOBDS. [1643
joiimay, Mr. Malbon was chosen comissionf w'li full power to
supply tliatt place.
[77] II The Court coixsideruig thatt some charges have beene
already expended for the jnrisdictio in tlie journayes made for
the settling a combinatio and service of the juriadietio, and
tliatt 6 souldiers being now sent forth to joyne w'h 8 from
Hartforde for Vncus defence against the asaults w^h may be
made vpon hun by the Narragansett Indians for Meantonimoes
death, w«h, w% the shallop attending them, will be a further
charge to the jnrisdictio, And lastly, considering the loane of
tliis twenty poimds to Oaptaine YnderhUl, if Stamforde im-
brace the proposition, as is before exprest, they tliought, and
by genr" consent and vote itt was ordered, thatt a farther
stock be raised, and forthw'Ji payd into the treasurer att New-
haven by the severall plantations in t!iis jurisdiction, namely,
five pounds for Guilforde, and live pounds by Stamforde, and
thatt Milforde pay ten pounds to equall GuilfoiMie or Stam-
forde who have allready beene assessed each of them five
pounds towards the foremenconed charges, besides the present
leayy, and thatt Newhaven beare their proportionable share,
itt being by geW" consent and vote of this Court ordered and
concluded, thatt all the charges for this jnrisdictio, both for
the p''sent and hereafter, be borne by the i^^ti proportions of
males w^h from time to time shall be found in tliem from 16
to sixty yeares oMe, as in tlie articles of combinatio is agreed
for the jurisdiction, of w^h stock, both received and expended,
the treasurer shall from yeare to yeare give account to this
Gen''" Court vpon demaund, tliatt itt may appeare thatt all
disbursements are for the publique service of this jurisdictio,
and thatt no plantation be chai'ged 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 23"i
pfsent. Itt appeared by the form' thatt the justice of the
Court of Stamforde hath beene charged by the ma''f of an In-
dian captive, for thatt the said captive was sensured to be pub-
liquely whipped for pubhque misdemeanours, the ma'' telling
the magistrate before witnesse, itt was neither honesty nor
3 to proceed, he haveing corrected the boy att home.
" a lotteca fro Mr. Eayner." t Eiohard Crab, post [83.]
)yGoo»^lc
1643J NEW HAVEN COLONV SEOOEDS. 119
wherevpoii the Court did neither think famyly con-ectio suffi-
cient for such publique offences, nor thatt such affronts to
magistracie should either be evaded by sleight interpretations,
nor passed hy -w^h some private acknowledgment, Ordered,
that the ma.' of the said captive boy be bound ouer to the
Court of magistrates Wh will be held att Newhaven on Mun-
day the first of Aprill next, to answer his miscarryage.
In tlie second letter from Stamforde, the magistrate suppo-
sing, in respect of the many in-jmies from the Lidians 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 apprehensifl, thatt if their houses should be
fired, &c. the jurisdictio should beare the burden, w«h the
whole Court marvilled att, conceiving thatt tlie councell given
Stamforde in the case was most safe for themselves to take,
and considering the inga^m* wherein this jurisdictio standeth
to the rest of the collonyes, absolutely necessaa-y for vs to give,
and thatt no man would be forcwarde to give advice if there-
fore he must beare the afflicting providences of God w'^h may
follow.
[78] A Gen''" Court heldb att Newhaven the ZO^^ of
October, 1648, 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 yoare.
Tho : Fugill chosen Secretary, and Tho : Kimborley chosen
Marshall.
Itt was ordered thatt one of tlie squadrons in their course
shall come to the meetings every Saboth compleatly armed,
fltt for service, w'h att the least 6 charges of shott and poudei:,
and be ready att the meeting house, w*h"in halfe an hower after
the first beating of the druih, then and there to be att the
comannd of the officers in such service ^ they ai-e 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 sentinel! and those thatt walke the round shall have their
matches lighted duxeing the time of the meeting, if they have
match locks.
)yGoo»^lc
120 NEW HAVEN COLONY EE00RD9. [1643
A COUIiT HELD ATT NeWIIAVEN THE 1' OP No^'BMBEE, 1643,
Robert Lea, foi- comeing to trayliig w'h his gufl i
w'h sliott, contrary to order, and carelessly discharging itt
against Mr. GregsO his house, to the great danger of the lives
of divers persons, who "were in the chamber when the shott
came tlirough 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 tliis order.
Itt was ordered thatt brother Andrewes shall take care thatt
three or fower lighter loades of stones be layd by the bridge,
to breake the force of the water from itt.
Whereas Nathan Burchall hath beetic formerly convicted
in tliis Court, for stealing out of Mr. Rob' Newmans house
on the Lord's day, in mony the sura of thirteene pounds, and
other things to the valine of 1' 14=, itt wasordered thatt he
should make double restitutio for the said severall sum', and
have some corporall punishment for the aggravations of his
fact.
Allen Bail is ordered to have 2^ 2'^ of the goods of Law-
rence "Watts.
[79] A Gbn'^11 Court held att Newhaven the 13"i "op
NOVEMBEB, 1643.
Itt was ordered thatt all those thatt will pay their rates in
Indian come shall pay itt att 2^ 4^ ip bushell, good marchant-
able corne, 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 eattell as they shall be justly prized by
indifferent men, to such persons as the treasurer shall assigns
)yGoo»^lc
1643] NEW HAVEN COLONY RBOORDS. 121
to receive the same wt^out any delay, or putting the treasurer
to further trouble.
Itt was ordered thatt every famyly w^hin this plantatio shall
have a coate of cottou 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 foi-thw^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 eveiy moneth from
Septmber till March, and once every 2 moneths in suin'',
w'^h worke Goodman Cooper hath vndertaken to doe, and is
to have 4^ a peece for every chimuey 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 tlie 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-
taltes, he is to pay double pay for his neglect.
Att a Couet held ATT Nbwhaven tue (jtii OP
December, 1643.
Goodma Chapman, brother Davis, John Thomas, Sam:
Hoskins, brother Nicholls, Joh Charles, Tliomas Barnes and
Thomas Wheeler were fined 5^ apeeee 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 fortli, and
suffering att least some of his watchmen to sleepe, was
fined 5^
Whereas John Tompson required satisfactio for some dam-
age done to his corne by the hoggs of Mr. Eaton, Mr. Malison
and Mr. Lamberton, itt was ordered, that he should have sat-
16
)yGoo»^lc
122 NEW HAVEN COLONY EEC0ED8, [1643
isfactio made by those (whose fence vpon veiw shall be found
defectiye) according to every mans proportio, w«h shall be
judged by indifferent men. John Chapman, Thomas Kim-
berley & WiH Preston are desu-ed to goe w'h John Tompso to
veiw and judge accordingly.
Whereas Tho: MoulenC 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-
trator whom lie shall chuse, (provided they be godly wise)
w'h if he shall not doe w'hin the said tearme, he shall submitt
to t]ie judgment of this Court, w<^li condico he accepted.
[80] Att a Court held att Newhaven the
4"' OF January, 1643.
Isaack Whitehead, Wili Meear, Thomas Powell, Tymothy
Porde, Goodma Hitchcock, Each: Webb, PiJlipp Leake, bro;
Elsey, Jonatlian Marsh, Rici Beach, John Lawrenson, Rob'
Emery, WiH lies. Hen: Gibbons, Tho Robhiso, Nicholas Gen-
nings, Tho: Yale, John Hill, bro Lamson, fined each 1« for
late coming to ti-ayne. And Eich : Newman, John Beach, and
James Stewart fined each man 2^ for twice late coming.
Eichard Newman, Peter Browne, Wili Potter, John Beach,
Goodma Ward, Jolm Benham, Isaack Whitehead, Eobt Leay,
Tho Blakeley, John MedcaJfe, bro Lamson, fined each man
2» for defect, guns. Wili Bladen, Eich : Spery, Hen: Glover
and John Thomas for defect in their cocks fined each man, 1'.
Eichard Newman and WiH Potter & Isaack Whitehead fined
6 pence a pcece for want of shott. Wiil Mecar fined l^ for
want of shott and pouder, & Edward Chippei-ficld allso.
John Hunter, WiH: Mecar and WiH Blayden fined each
man 1^ for defect, sworde.
John Hill, Edward Hitchcock and Amrose Sutton, fined
each man 6^ for want of flinte, & Eich: Lowell Q^ for want
of match.
)yGoo»^lc
1643] NEW HAVEN COLONY RECORDS. 123
John Hill & Edward Chipperlield, foi' want of worme and
skourer, each 6^.
John Wolforde, defect, rest, fined 6<'.
Joh: G-riffin, Jonathan Bud, Witi Wooden, Tho: Tohy,
Roger Knap, Sam: Hoskins, Edward Parker and Lanclott
Puller, fined each ma 3^ 4d for totall defect in armes.
Johnathan Marsli, Bdmond Towly, lined each man 2-6 for
totall absence, & James Stewart and Math: Crowder, each
man 5*^ for twice totaU absence,
Mathew Hitchcock, fined 3= 4'' for a disorder in his watch.
Whereas Thomas Blakeley suffered a sack w'h 3 busheUs
of meale of Mr, Lings, and a sack w'h one foushell of meale
of Mr. Francis Newmans, w^h he had the charge off, to he
carryed to Long Iland, itt was ordered thatt he shall make
good the said sacks and meale to the owners forthw'h, and he
hiraselfe seeke satisfactio fro those who tooke the said sacks.
And forasmuch as vpon this sentence of tlie Court, he went
forth in discontente, and, in the hearing of divers, he re-
proached the Court, charing the Court w'h injustice, wh
vpon examinatio appeared to be most falce, therevpon the
Court ordered thatt tlie said Elakley shall pay 20» fine and be
comitted dureing the magistrates pleasure.
AtT a COXIRT HBLO A'IT NeWHAYEN the 8" op PBBaUARY,
1043.
Whereas an attatchme' hath becne granted against Prancis
Smyth to Thomas Blackley, for a debt of 17' w^h the said
Prancis Smyth received of the said Blackley, as appearea 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 he detained on the behalfe of tlie said Blackley.
Prancis Church desired the justice of the Court agst
Thomas Monleno'' (for a debt of 2' 2' w'h damages for 3
yeares forbeareance,) on the behalfe of Thomas Whiteway,
wh debt the said Mouleno' did confess to be due to the said
)yGoo»^lc
124 NEW HAVEN COLONY HECOEDS. [1643
Thomas, aiid did referred himselfe to judgm' of the Court,
and thererpo it was ordered thatt the principall, wth 12' dam-
ages, shall be forthw'h payd to the said Church by the said
Moulenc.
[81] ||Itt was oi-dered, thatt 1' 2^ of James Nortons in the
hands of Thomas Blackley shall be attatched on the behalfe
of the Dellaware Company.
Itt was ordered, thatt Thomas French beare halfe of all the
losse Wh was layd vpon Thomas Blackley, the last Court,
concerning the 2 sacks of meale w=h was carryed to Long
Hand, because he was a cause of the mistake in the sacks.
Mr. Oheevers desired 4 — 3 — 6 out of the estate of Mr.
Trotaridge, wh is justly due to liim for teaching y^ children.
Richard Beach bath iugaged his house and lott to secure a
former agreem* in reference to the children of Andrew Hull,
late deceased.
A difference betweene Eob' Ceeley and John Mason was
referred to Mr. Gregson and Mr Malbon to detei'miue.
A Court held thr 7"' op March,
1643.
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' Wh tlie said George was to pay for a
servant, (by name Geo : Chappell,) w^h he bought of the said
Mr. Styles, wh was testifyed on his behalfe by tlio said Geo:
Chappell vpon oath as apeares vnder the hand of Mr. Swaine,
a mi^istrate att Connectecut, before whome he was sworne,
and confessed by the said Geo: 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:
LarrymC did sell bis time; tlierefore the Court ordered,
thatt the said Geo: should pay the said 10' to the said Mr.
Stiles w'hout delay.
Eich: Mansiield dcmaunded a debt of 40^ of Hon: Gibbons,
w^h the said Hen: promised to pay w^hin a moneth, onely
)yGoo»^lc
1644] NKW HAVEN COLONY RECORDS. 125
desired to have 20^ of itt abated for lodging and fire wood for
a whole winter in his cellar, wh was thought reasonablCj 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 Eaward, Joh: Tompson, Will Bassott, Anthony
Tompson, David Bvance, Sanmell Willson and Sara : Hoslcins,
fined each ma 6^ for foole guns.
Tho: Yale and Jonathan Marsh for the same, 6"^ a peece.
Rich: Perry and his 2 men, Will Gibbard, and James Stew-
art & Wili Ball, for late comeing fined each ma 1*.
Roger Knap, defect, all except a gun, fined 5^.
Bro. Lamson defect, gun fined 4'.
Theo : Higgineon, 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 Goodma Panll.
Ml'. Batons 3 men, Theo: Higingson and his man, for com-
ing w'hout armes on the Lords day, fined each ma 2*.
Math Crowder, Thomas Caffins, Theo: Higginson, James
Stewart, Tho: Meaks, Isaack Whitehead, Math: Row, Rich
Mansfield, Tho: lies, Lawrence Warde, Joh; Hill, John Coop-
er, Jarvice Eoykin, & Mr. Batons 3 men, fined each man 6'',
for late comming to the meeting w^h their armes Feb : 18, 1643.
[82] AiT A Gen'" Court held att Newhaven
THE 25''! OP March,
1644.
Mr. Malbon & Captaine Turner chosen Depiitycs for this
towne agst the Gen'^'' Court for the jurisdictio.
Mr. Malbon, Mr. Evance, Mr. Lamberton 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 tlie neck, thatt itt might be
fenced in for a pasture, wherevpon a questio was raised by
bro: Gibbard, w'her they might not fence in their quarter
)yGoo»^lc
126 NEW HAVEN COLONY RECORDS. [1644
w'h the spring w«li is w'hin the hotuids for their land there,
w<^h, after some debate, itt was resolved tliey might nott, be-
cause their was an order yt none should fence the springs in
the neck fro the como when it is layd for a pasture, and
BO they rested satisfied.
Mr. Malbon, Mr. Gilbert, Mr. Francis Newma and Joshuah
Attwater were chosen comittee for the premises.
Mr. Malbon vndertooke to see the neck fenced forthw^h,
and those who have land their arc to pay the charg, accord-
ing to their proportio, w^hin 20 dayes after the account is
given to them, or else they shall loose the feed of their land
for 2 yeares next ensueing the date hereof.
Itt was ordered tliatt every quarter shall appoynt comittees
for their quarters to veiw the outside fences, and where they
finde defects to lett the owners know; and if they doe nott
see itt mended vpon notice so given, if cattell breake in,
though it canott certainely be found where they gott in, yett
they must beare the damage whose fence was found defective
and nott mended.
Itt was ordered thatt they to whome the affayres of the
towne is intrusted shall dispose of Totokett according as hi
their wisdome tliey see cause.
Itt w^ ordered thatt the 2*' dn,iihe shall be tlie period of
the souldiers coming on the Lords day.
Itt was ordered thatt Stephen the dnnn'' shall have 5' payd
yearely out of the treasury while he continues druih'.
Ypon a propositio made by those who have the small lotts,
thatt they may have tlie Bever meadowes granted to them by
the Gen''" Court, itt was ordered, thatt Mr. Wakeman, Mr.
Gibbard, Goodma Gibbs and Mr, Pearce shall veiw the said
meadowes and certifie the Court if they conceive it may nott
be inconvenient for the towne to part w*h itt.
)yGoo»^lc
1644] NEW HA TEN COLONY RECORDS. 127
[83j [AU a Cowrt of Magistrates held att Newhaven]
THE FIRST OP APEILL, 1644,
{Tlieophilus Eaton Gourno^ Stephen Goodyeare,
Dep'y Gou^no', & Thomas Gregson, Magistrate
for New Haven.
Wiii Fowler & Edmond Tappe for Milforde.
Thireton Rayner for Stamforde.
Thomas Steyenson and Georg Slowson of Stamforde, being
appoynted in their course to watcli the Dutchman who mur-
dered Oaptaine Pattricke,* (he being kept prison'' in the house
of Oaptaine Vnderhill from whence he made an escape
through their negligence,) were charged w'h the said escape.
Tho : Stevenson said thatt they were carefiill to discharge
the trust eomittod to them, according to tlie best of their
vnderetandirag, butt Captaine Vnderhill perswaded tliem to
lett him goe to bed in a chamber and tolde them tliatt 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 lodging, and about 2 or 3 bowers after,
they missed the prison', and then the called vp the magistrate.
George Slowson eaith, thatt he questioning about the safety
of the window of the chamber where the prisoner lay, the
eaptaines wifef showed some dislike of itt, and said what adoe
is here, yet tlie said Geo; rested not there, butt spake to the
Captaine himaelfe, who said thatt he had spoken w'h the pris-
« Capt. Daniel Pateick had been a common soldier of the Prince's guard in Hol-
land, -was admitted freeman in Watertown, Mass., May 18, 1681, and oliosen captain
Maroli fl, 1636-7. He grew, says Winthrop, proud and vioiouB, and pecoeiving that
his eviJ oonraea would not be endored in the Bay, he removed to wJihin twenty miles
of the Dutch and put himself under tlieir prot«otioQ, and when the Indians arose in
those pacts he fled to Stamford. He was killed in Capt. Underhill'a hoose, on a Sun-
day afternoon during the time of afternoon esecoise. " The Dutchman had charged
him with treachery for cnnsing 120 men to coma to him upon Ms promise to direct
them to the Indians, etc., but deluded thorn. Wliereupon the captain gave him ill
language and spit in his faoe, and turning to go out, the Dutchman shot him behind
in the head, so he fell down dead, and naTer spake,"— Mass. Eeoords i., Sav.
Winth. li., 151.
t It will be remembered tliat Captam Underhill's wife was a Dutch woman.
)yGoo»^lc
128 NEW HAVEN COLONY EECOEDS. [1644
oner to know if he had no temptatio 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 vnder the
hands of the Indians, and therevpon the f
more secure, he further saith, thatt when the n
from Newhaven, the captaine said to them, now looke to the
prisoner yo' selves for I wiU take charge of him no longer now
that Newhaven men are come.
They both alleadge and stedft^tly affiiino, thatt they had
no perticular directio how to order their watch, butt onely a
gen''" charge w"h was given att iirst to tlic watchmen, namely,
wateh the prisoner, and tliatt itt was meere ignorance W^h was
the cause of this miscarryage. Butt because the magistrate
affirmeth thatt he gave a new and more strict charge thatt
night (vpon the coming of the messengers fro Newhaven,)
then lie had done formerly, and the watchmen deny thatt ever
they heard of any other, so y' the case seemes darke, and
because the Govenio'' intends to go to Stamforde shortly, the
Court referred itt to him to examine and determine their, if he
see cause, or else to refen-e itt to the next Court of magistrates
and biiide the partyes whom it concemes to answer the
same then and there.
Richard Crab of Stamforde was called to answer his mis-
carryage in ehargeing tlie Court at Stamforde w'h injustice
and dishonesty, he said he did nott charge tlie court, butt
said itt was his apprehensio, 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 occasio
of the boys fact was because he was wont to borrow a gun of
the man fro whom he tooke itt, and tlierefore 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
temptatio, fearing thatt if his boy were publiquely whipped, itt
would cause him to run away, w"h would be a gi'oat losse to
liim and a greefe to his wife. The Court haveing heard all
thatt lie could say for himselfe, sensured him to pay 5' fine to
Mr. Bayuer the magistrate att Stamforde before the next
)yGoo»^lc
1644] NEW HAVEN COLONY BECOEDS.
court of magistrates, and allso to acknowledge his r
riage.
The 2<i of Apkill 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 debtof 62' 10',) who hath
ordained Rich : Malbon of Newhaven his attournay to pseciite
the said attatchm', and the said Mr. Malbon liatli now desired
the judgm' of this Court concering the saide debt, w=h he
cleared to the court to be due to tlie said Rich : Bellingham.
And tlierovpon tlie court gave judgment for tlie said Mr. Bel-
lingham, he haveing yiidertakcn, by a bill vnder his hand, to
save this Court liarmless fro all just molestations for the same.
[84] A Gen[''"] Court held att Newhaven ybr the Juris-
dictio'} THE 3^ OF Apkill 1644.
Magisiraies.
Thcoph: Eaton, Governo'', \ Captaiue Turner l pro
Stephen Goodyearc, Dcpty, > -v, v E.ich; Malbou \ Newh :
Thomas Gregson, ) Zack : "Whitman i pro
"Witt Fowler ) . ' John Astwood \ Milford
Edmond Tapp \ ^"^ ^^i'^o^'i^ WiH Leete & Jacob Sheath
Thirston Rayner for Stamfordc ^ Guilford
Andrew Ward ) pro
& Rob* Coo ) Stamforde
Itt was ordered thatt the fundamentali orders concerning the
fixed Gen'" Courts and Courts of Magistrates shall be a suffi-
cient sumoiis 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 Genr" Courts to chaise their dcputyes who are to be sent
17
)yGoo»^lc
130 NEW HAVEN COLONY RECORDS. [1644
■?i'th due ccrtifficates, and not to come w'hout as so]ne now did,
though the Com't passed itt over att this time.
This day a forme of an oath for the Govenio^ and magistrals
to take, and another forme of an oath to be imposed upon
all the inhabitants w'hin this jurisdiction was propounded to
the cousideratio of the court, who, after some serious debate
and consideratio, rested satisfyed w'h the said formes. And
therevpon ordered, tbatt itt should be forthw'h putt in execu-
tio, and whereas the Governor doth shortly intend a joumay
to Stamforde on other occasions, the Court desired lum to
improve th att opportunity, both attStamforde 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 he admitted as an inhabitant in th^ juris-
dictio 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 Ncwhaven, (viz)
one on the third Wednesday in May, the other the third
Wednesday in September,
Itt was ordered, thatt the Coui't 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
fandamontall orders of the last Genf" Court for the jurisdic-
tio, (viz) thatt tlie sentence of the Court be carryed by the
vote of the majo'' part of the Court.
Itt was ordered, thatt whensoever any capital] offendo''
shall be apprehended w'hin tins jurisdictio, he shall be sent
w'h aU convenient speed to Newhaven, there to be kept in
safe custody till he he 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, being neither typicall nor ceremonial], nor had any
referrence to Canaan, shall be accounted of morrall equity,
and gen^lly binde all offendo^^, and be a rule to all the courts
in this jurisdictio in their proceeding agauist oflendo'^ till
they be branched out into perticulai-s hereafter.
Itt was ordered thatt in case any of the magistrates in tJie
)yGoo»^lc
1644} NEW HAVEN COLONY EECOEDS. 131
smaller plantation aeo need of help in soine weighty causes or
difficult knotty cases, vpon due notice and request to the
Governo'', provisis shall be made accordingly.
[85] IJItt was ordered thatt for the more comfortable carry-
ing on of the affayres att Guilforde till they have a magistrate
their, the free burgesses may ehuse among themselves fewer
deputyes and forme a court.
Itt is ordered thatt every male from 16 to 60 yeares olde
wthin this jurisdictio be furnished forthw'h, w'h a good gun,
a sword, a pound of good pouder, 4 fathom of match for a
matelalock, 5 or 6 good flints fitted for every fyre lock, and 4
pound of pistol! buUetts, or 24 hulletts fitted for every gim,
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 Oaptaine shall ^ve order
to the ofiicei-s, that they take a strict veiw once every quarter
of a yeare, thatt all the males from 16 to 60 be furnished as
above, vndor 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 thatt a
retourn of the said veiw be made vnto the magistfate or
Court, by the captaine or his clarke att his appoyntm', vnder
the penalty of the fine aforesaid. Moreover, itt was ordered,
thatt there shall be att least 6 traynings eveiy yeare ui every
plantation, & never above one of those 6 hi a moneth, vnder
the penalty of 5' fine, to be leivyed of the military officers for
every default. Note thatt in such plantations where there is
no captaine for the present, there the cheefe ofiieer 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 pouder and shott, according to the
orders of y^ comissioners for the collonyes,* (viz) a hundred
« " The comiaaionevB do think itflttki sdnise aveiy general court that they would
Bee thfttt every man may fceepB by hhn a. good gnu and sword, one ponnd of pouder
with foura pounds of shott, with match or flints sntable, to be ready ypon allocations,
and to be oarefuUy viewed foiire tymes a years at least. And that over and aboue
Uiig, enery generall court do see Uiat they keep a stock of ponder, ehott and match
ever by Uieni. And it is ooncaived by the comissioners that one hundred pounds ot
)yGoo»^lc
132 NEW HAVEN COLONY BECOKDS. [1644
pound of pouder and 40OI of shott, (laydc 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 ehott
w^h shall he found wanting after 3 moneths next ensueing he
expyred ; the fines for these defects arc to be payd into the
como wealths treasury.
Itt was ordered, thatt a 4"' part of the trayncd band in
every plantatio shall come to the publique worP^ of God att
the heating of the 2^ drum att furthest, w'h their armes com-
pleat, their gims ready charged, w'h their match for tlieir
matchlocks and fluits 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 tlie rounde, shall have their matches lighted
dxireing the time of tlie meeting, if they vse match locks.
Itt was ordered, thatt a strict watch shall be kept in all the
plantation in this jurisdictio, from the first of March to the
last of October every yeare ordinaryly, leaveing extraordinary
cases to the Governo'' or Magists, to order as occasion may
require, and in the ordinary coui'se to be observed as foUow-
etli ; 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 suii, w'h their 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 1' fine. If totally absent, 6' fine. The watch
is to be sett w'hin an hower after the sunsett, and so is to con-
tinue vntillitt be halfe an hower day light in the morning, in all
wh time none are to sleepc. These fines are to be payd into
the several! plantions treasury.
ponder and fouro hundred pounds of siiott, witli matoli sutabis, at the least, be pro-
vided for every hundred man thorow all the vnited Colonies of New England, and that
the oomissioners nt eaoh meeting report how the seueralljttrisdicoons arefurnished.
* * * It is judged meete by the comissionara that there be trayneings at
least six tymee euery yeare in each plantacon withhi the oonfadei-aoon." — Reo. U.
Col. Sept. 1643. Haiai'd ii, 9.
)yGoo»^lc
1644] NEW HAVEN COLONY BBCOEDS. 133
Itt was ordered, thatt the Deputy Governo' shall give the
Governo'' his oath.
Itt was ordered thatt the Secretary shall have
sallajy, aud the niarshall 3' p aiiu .
[86] A Court held an Nbwiiaven ote 6*''
OF ApRrLL 1644.
Jolui Dillingham, Jonathan Rudd, Edmond Tooly, John
Massam, John Humdell, Mr. Auger, Lanclott Puller, Wiii
Wooden, Dauid Evauce, for a dninken disorderly meeting at
the prison on a Lords day att night, where they drunke S 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 foUoweth, John Dillingham and
Jonathan Eud were fined 20= apeece, being the authers prin-
cipally, Edmond Toly 10^ for fetching the wine, and John
Massam for fetching the strong liquor. Sued 10% John Hum-
dell, Mr. Auger, and WiH Wooden, fined each man five % aud
Lanclott Fuller and David Evauce fined each 3» 4'' apeece,
because they were butt occasionally present w'h the rest.
Itt was ordered thatt Sergeant Beckley according to his
desire, shall have liberty for this yeare to make a ware in the
Bast River and thatt none shall take liberty to doe the lilie
w^hout license of y^ court.
Forasmuch as the whole estate of Thomas Trobridge of
Newhaven is to be sequestred for the paym' of his debts, (he
absenting himselfe, and takeing no course concering the same,)
and his famyly to be disolved. Sergeant Geffrey and his wife
being willing to take the childi-en of the said Thomas Tro-
bridge vpon tearmes as followeth, thatt he may have 20 bush-
ells of corue, a brass pott, aud a bed for the children to lye
vpon, the Court ordered thatt the children should be pxitt 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
)yGoo»^lc
134 NEW HAVEN COLONY RECORDS. [1644
keeping of tlicni, & in tlie meane time lie will take care
tliatt they be well educated and nurtured in the feare of God.
Att a Coubt holden the 1' OF May 1644.
Bro : Pery, being ma'' of a "ivatch and willfully neglecting
itt, was fined 40^.
Math Row, for sitting downe to sleep when lie should have
stood sentinell, was fined 5*.
Bro: Nieholla, hro: Gibbert, Rich: Web, Tho: "Wheeler,
Hen Lendall and Will Bassett, fined each man 1^ for late com-
ing on tlie Lords day w'h their ariaes.
[87] A Gen'" Couet held att Newhaven the 25 of
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 Indiana, (as he was travilling betwixt
Stamforde and Vnkaway,) he had caused 7 Indians to be
apprehended, hopeing thereby to proeiire the murderers, butt
the Indians riseing in great companyea about theire towne doe
putt the inhabitants thereoff in foare, 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 intematio 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 hi readynes forthw'h, and fltt to send if need be
upon a short v
)yGoo»^lc
1644] NEW HATBN COLONY RECORDS. 135
A Gw'^ Court held att Newraven the 3 op June, 1644.
A letter from Thirston Rayner, magistrate of Stamforde,
being read in the court, itt appcares, thatt a 'woma of thatt
towne hath of late beene cruelly wounded if nott murdered hy
an Indian,* so thatt itt is thought thatt the Indians beuig so
bolde and insolent ai'e 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 Gov-
erno'', magistrates and deputyes, w'h the eaptaine and leive-
teimant as a councell of warr, shall order all the martiall
afFayres in this jurisdiction vntill the next court of electio.
Att a Ooukt bcbld att Nbwhavbh 5*'' op June, 1644.
John Chapman beuig ma'' of a watch and neglecting itt, was
fined 10^
Mr. Gilberts man, being absent att his watch, was fined 5=.
George Larrymoi^, for neglecting his watch, fined 2« 6^.
TheophUus Higginson was complained off for keeping a dog
wh hath trespassed divers of his neighbours, and he hath
beene tolde of itt.
A will and inventory of John Owens delivered into the court
by John Hall, his execute.
Itt was ordered thatt George Pardy shall dwell w'h Francis
Broone as liis apprentice, for the tearme of 5 yeares from
henceforwarde, dureing w'^h time the said Francis is to doo his
endeiiof to teach hkn the trade of a tayIo^
* " At Stamford an Indian Ganio into a poor Diaa'e house, none being at home but
the wife, and a child in the cradle, and taking up a latliing hammer aa if he would
liaTS bought it, the woman stooping down to take her child out of Uie cradle, he
struck her with Che ebarp edge upon Che side of her head, wherewith she fell down,
and then he gave ber two cuia more which pierced into her brains, and so left her for
dead, carrying away some clothes which lay si hand. This woman after a short time
came to herself, and got out to a neighbours liouss, and told what had been done to
her, and described the Iniiian hy his person and clothes, etc. Whereupon many In-
diana of those parts were brought before her, and she charged one of them oonJidently
to be the man, whereupon he was put in prison with intent to have him put to death,
but bo escaped, and the woman reooyered, but lost her sejises. Sav. Wiiith. II, 188.
)yGoo»^lc
136 NEW HiVEN COLONY RECORm. [1644
[88] Att a Gen'" Court held att Newhaven the 23 op
June, 1644.
Bro : Wiii Tompsoii and Henry Lendall were admitted mem-
bers of the court,
The formes of two oathes were proponnded to the Court to
be taken the next second day in tlie morning, by all the inhab-
itants in this plantatio, one of them is to he taken by all, and
the other by the governo' onely.
A motio made on the behalfe of Goodma Smyth for a lott
by the sea side, beyond the West EJyer, was taken into consid-
eratio and referred to bro: Gibs, bro: Miles, bro: Oeely, bro:
Clarke and bro: Peck, to see if itt may stand w% the conven-
ieneie 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 obsei-ved,
and y' every one of the trayned hand bring their armes to the
meeting every Lords day ; allso y' the great guns be putt in
readynes for service ; allso y* the dru be beaten every morning
by breake of the day, and att the setting of the snnne.
Itt was ordered y' every Lords day 2 men shall goe w'h
every hoard of cattell w'h their armes fitted for service vntill
these dangers be oner.
Itt was ordered thatt the feai'mes shall be freed fro watching
att the towne wlnle there is need of watch att the farmes, pro-
vided thatt they keepe a ddligent watch there.
Att a GENfii Court held att Newhaven the 1' op July,
1644.
The Governo'^ tooke this oath as foUoweth,
I Theophilus Baton, being att a Gen' '• Co^i in October last,
chosen GovernC w'hin Newhaven Jurisdictio for a yeare then
to ensue, and vntili a new GovernC be chosen, do sweare by
the great and dreadfull name of the ever living God, to pro-
move the publiqiie good and peace of the same, according to
the best of my sldll, and will allso maintainc all tlie lawfull
priviledges of this como wealth, according to tlie fundamental!
)yGoo»^lc
1644] NEW HA.VEN COLONY RECORDS. 137
order and agroem' made for govermn' in this jurisdictio, and
in liko manner wUl cndeuof tliatt all wliolsome lawea thatt
are or shall be made by lawfnll authority here established be
duely executed, and will further the execiitio of justice accord-
ing to the righteous rules of Gods worde, bo help me God in
0'" Lord Jesus Christ.
The Goveruof haveing allso received the oath of fidelity as
foUoweth, I Theophilus Baton, 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 tn.ie
and faithfull vnto the same, and doe submitt botii my person
and my whole estate therevnto, according to all the wholsomo
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 liere established, and tliatt I will as
I am in duety bounde, mamfaiue the lionC 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 fundamental! order and agreem' for
governm' in this jurisdictio to give my vote or suffrage touch-
ing any matter w=li concerneth this como wealth, I will give
itt as in my conscience I shall judge may conduce to the best
good of the same w'hout respect of persons, so help me God,
&c.
Then he gave itt to all those whose names are herevndor
written,
Stephen Goodyeare Thomas FngUl Rich: JlnU
Thomas Gregson Ezech : Oheovers John Mossc
Richard Malbon John Ponderson Adam NichoUs
John Evance Witt Andrewes Abraliam Bell
John Wakeman John Chapman Joshuah Aitwatcr
Nath: Turner John Clarke Tlio: Kimberlcy
Math: Gilbert Rob* Cecly Tlio: Jeffreyes
18
)yGoo»^lc
138
NEW HAVEN COLONY SECOEDS.
[1644
Wia Thorpe
Francis Newma
Andrew Low
Tho: Mounson
Tho: Nash
Rich : Peiy
Wilt Peck
Jolm Gibbs
Johii' Livermoore
Nicho: Elsey
Antho : Tompson
John Vincent
Will Potter
Jasper Craine
Rich Miles
Roger Allen
Will Itcs
Prancis Browne
John Nash
Will Davis
Sam: Whitehead
John Brockett
Math Camfield
Tho: Lamson
Matli ; Monltlu'op
WiH Preston
Tho: Beamont
Marke Pearoe
James Russell
WiH: Tompson
Henry Lendall
Robt Abbott
Will Gibbard
WiH Bassett
Thomas Wheeler
Henry Browning
Benjamin Linge
Tho: Yale
Rich: Beokley
John Cowp
Jai'vis Boykin
Rob' HiU
Rob* Johnson
Arther Halbidge
Edward Banister
Tymo: Porde
Mathias Hitclieok
James Clarke
XRich: Osborne
Edward Patteson
Geo: Smyth
Witt Janes
Jcrr : WhitncU
Tho: Morris
Benjamin Wiilmott
Tho: Powell
Peter Browne
John Tompson
John Tomas
Tho: MitcheU
Wiil Gibbons
John Hall
Luke Hitchcock
Rich; Newman
Tho; Knowles
Edward Cliippfield
Steph: Medcalfe
Christo : Todd
T)io : Osborne
Rob» Pig
Nath: Merryma
Sam: Higginson
Theopli: Higison
David Atwater
Rich : Mansficlde
Hen : Glover
Danieil Paule
John Wilforde
Hen: Peck
WiH Russells
Will Fowler
Geo Larry more
Rob' Allen
John Caffins
Tho: Wheeler
Luke Atkinson
Thomas Lupton
Ephraim Penington
Allen Ball
Edward Parker
Lawrence Warde
Tho : Coefield
Johnath: Rndd
John Griffin
James Hewarde
Rich: Beach
David Evance
Rob' Campion
Edward Wateon
John Dillingham
Will Slow
Rob' Martin
John Hill
Ambrose Sutton
John Walker
Thomas Blakeley
Thomas Clark
Rich: Spery
Henry Morrill
Tho: Res
Edmond Tooly
Johnathan Sergant
T)io: North
Rob' Poi'soijs
)yGoo»^lc
1644]
WiH White
Ralph Lines
Rob' Baasett
Roger Knap
Rob' Mecar
WiH Mecar
Joliu Beach
Johji Hutchison
Joseph Peck
Tho: Robinson
Wifi Fancie
Rice: Edwards
Tho: Robinson jiin
Mighell Palmer
Rob' Lee
Witt Holt
Tho: Barnes
Rob' Emery
Rob'Vaher
James Guillam
NRW HAVKN COLONY BECOBDa.
James Bell
Johii Liiilcy
Isaack Mould
Joseph Alsop
Rich; Lambert
Edward Preston
Edward Newton
WiH Bladen
Rich: Webb
Johu Mors
John Kimber
Joh: Seckett
Eran: Church
Hen: Gibbons
Witt Paine
Jo]m Hui-nde[Il]
Tho: Coffins
Isaak Beachefr]
Joh: Bonham
Edw : Wiglsewor[th]
Johnatb : Marsh
Raiph Dighto
Mr. Bracie
Joh: Wakefi[eld]
Hen: Bish:p
Witt Bradley
Abra; Stolyon
Geo: Warde
Roger Betts
Nath:Burchall
Pran: Hall
Joh: Herrima[ii]
Sam: Hoskuis
Rich : Harrison [sen]
Nich : Auger
Sam: WiUson
Edward Hitch [cock] Peter Mallery
Phillip Leake
Abra: Dooliltle
Witt Ball
Nich: Baiy
Rich: Harrison j\V
Jolin Massam
Geo: Duning
August 5""
1644
Fran: Brewst[er]
Geo: Lamberton
Joh; Hunter
Martin Titchin
Sam: Caffins
WiH Toutle
Hen Ruder ford
Joh: Bassett
Joli: Meffs
[The followiug n
M<wch the 7"| 1647
SamueU Ceffinch
Thomas Johnson
Mathew Rowe
Isacke Whithcad
Richard Mordan
Joseph Gernsye
Edward Keylye
Richard Hubball
Job Halle
ames in the handwriting o
Henery Loynes
William Judsou
James Bishope
Daniel Turner
Thomas Meekes
Henery Carter
John Chidsye
Beniamen Hill
Joseph Nash
Thomas Beech
Henerj Bristowe
John Wmston
Robert Preston
Thomas Marshall
Thomas Dun
Joshua Griffon
SamueU Goodanhouse
John Tompson
Edward Watters
John Jones
)yGoo»^lc
140
NEW HAVEN COLONY EECORDS.
[1644
The 2"' of Mayo 164T Ephraim How
John Knight
old Willmott John Johnson
Samuell Marsh Geo : Pardy
James Eaton
the 18"i of October John Jackson
1648 Jeremiaii Osborn
John Benham jun'
Joseph Benham
Heu: Boutle
Sam Andre we s
at a court of Magis- EobertClarkehisman Thorn Hogg
trats.
Mr. WesterhousG
Edward Perkins Math : Moltlirop jun
Andrew Hallaway Joseph Potter
■ — John Brookes
Aprill 4'!' 1654 John Hudson
~— — Thomas Troltrjdge
Mr. Samuell Eaton Jeremia Hull
Robert Talmage
Thomas Harrison
John Downe
Timothy Nash
Jeremiah How
Sam: Farres
John Potter
E,ichai"d Johnson
John Allen
John Baile
William Pringle
William Gibbs, Hatter [J] ohn Tiittill
see 188
Anthony Tompson
Ellis Mecs
Hen Hummers ton
22th May 1654.
Witt Willmott
WiH Wooden
Richard Miles jun'
Daniell Hopper
[Trausferced from page 188. In the liaudnT:
The names of persons tliat haue tal
ai-e entered in fo : 89, and follow as
1657.
Mr. Bower Tho: Tomlinson
Mr. JohaDaiienpo'^Tho: Addams
jun John Walker
Samuell Wakeman Sam: Ford
Geo: Constable Eenja: Bunill
Jonathan Tuttill Edmund Dormer
Jeremiah Johnson Sam Myles
John Lambert John Browne
John Dauis John Hull
Anthony Ellcott Thom Weeden
Willm: Chatterton Isack Hall
iting of Francis Newman.]
ten the oath of fidellitie
hereafter, y 7"' 2^ mo:
DanieU Bradley
Joseph Mansfcild
John Tompson
Humphery Spennmg
WiUm Tyler
Mr. Melyen
Jacob Melyon
Willm. Anderson
Richard Anderson
Stephen Daniell
)yGoo»^lc
1644] NEW HAVEN COLONY RECORDS. 141
[Tlie following in ths liand writing of Mr. Gibbard.]
Thefirst of May 1660 Joseph Peeke Stephen Bradely
Thomas Huckly Nathaniel Boykin Zackariah How
Daniel Shearman Nathan Andrewes Natlianiel How
Moses Mansfeild Thomas Tuttle John Ilichcock
Eichard Bowten Hackeliah Preston Mathias Hitlifcild
George E,awse Isaac Turner Cornelius Oifheiiing
James Clarke juniof Nathaniel Tliorp
Jehiell Presto Eliazer Browne
[In the handwriting of Thomas Fngill.]
[90] Itt was ordered thatt the weekely traynings of the
squadrons shall he renewed as before, every last day of the
weeke, (except thatt weeke whei-ein the gen'" trayning is,
w=h is to be every fift weeke, and tliat the olde orders be ob-
served, w=h was made tlie 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 themselves such as out of the trayned
hand or others being free, doe offer theselves to bo of the
Ai'tillary, and to chuse their owne officers and settle their
owne orders, so as they use the said liberty moderatly,
nott intrenching upon the fundamentall agreem' of this Court,
provided allso thatt they so order their traynings, thatt if any
of the officers of the trayned baud be of the Artillary, they
may attend the squadrons traynings and yett not loose tlie
opportunity of the Artillary meetings, and thatt all such as
are accepted of the Artillary shall be freed from the squad-
rons traynings if tliey be nott oificers 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
fliereof.
John Clarke desired to lay dowjie, liis sergeants place,
whereupon Jolin 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 h-ained band
in his stead, and he freed from trayning in respect of his
)yGoo»^lc
142 HEW HAVEN COLONY EECORDS. [1644
Mr. Gregsoii and Mr. Wakema propounded, thatt the land
towards Mr. Goodyeara fai'me and the plaine by the pine rock
may be veiwed, to see if it will accomodate their quarters for
their 2*^ divisio and sute the townes occasions allso.
Mr. Gregson desired thatt he might have his 2^ divisio by
the Sollitary Cove,* and Mr. Hawkins by the sea towai'ds
Milforde.
Captaine Turner, Mr. Malbon, Rob* Cecly and Prancis
Newman were desired to veiw the said lands in question.
Itt was ordered thatt whatsoever pi^ under 3 quai-ters of a
yeare olde shall be found iu 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
Blsey, shall see thatt all the measures in tlie towne be made
according to tlic stander sent from the Bay,+
A CouEi' THE 'M OP July, 1644.
WiH Andrews was wai'ned to the Court aboiit some defects
in the meeting house, butt the prosecutio 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 abateing 14'
w^h he hath done in worke for John Woollen, brother to the
said John Halls wife.
Edward Banister dcmaundcd 4' of Goodma Bishop on the
behalfe of Joh : Burrows, whereupon it was ordered, that the
said Gflodma Bishop shall putt in security to pay the mony
into the Court the next Coirrt, excep he can show cause to
the contrary.
« Mt. Gregsoii was the first whito settler of East Havon. Dodd, E. H. Mem. II.
f " It is thought fit and ordered thiit there be nna and Iho eiunc measure Ihrougliout
nil the plantations within these vnited Colomes, which is agreed to be Winchester
measure, i"s.- eight gallons to the hHshell." Hec. U, Coll. Sept., 1643. Hsiard,ii. 10.
)yGoo»^lc
1644] new haven colony rec0rd9. 143
[91] Att a Gen''" Court held the 5*'' op August, 1644.
Forasmuch as there are certaine percolls of r
joyning to the skirts of j^ upland in severall parts of tho neck,
wh belongs to sundry planters in the towne and thatt meadow
eannott he improved to the best advantage of the owners w*li-
out being inclosed, tlie nock 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 tho 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
mamtaine 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 tliey 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, Slaving
seriously considered the great damage w=h this towne dotli
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 pz-opound to the Court thatt if they wiJI
grant them 4 dayes worke for every man in the towne fro 16
to 60 yeares olde, towards the digging of a ehannell, and lett
them have the benifitt of a wharfe and warehouse, (yfh they
will build) upon such tearmes as shall be agreed betwixt
themselves and a comittee, (whom tliey desired the Court
then to chuse to treat w'h the about itt,) they will digg a
ehannell w°h shall bring boates, (att least) to the end of the
streete besides Will Prestons house, att any time of the tydo,
except they meete w^h some invincible difficulty w^h may
hinder their digging the ehannell so deepe — Whereupon itt
was ordered, thatt they shall have the help propounded by
them, (viz :) 4 daycs worke of every male in the towne from
16 yeares old to 60, those thatt eannott worko, 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, "Will Gibbard, Jasp Oraine, Will An-
drewes, A.nthony Tompson, and Rob^ Oeely as a comittee, w'h
)yGoo»^lc
144 SEW HAVGN COLONY BEC0ED8. [1644
the advice of the governo'' and magistrates to treate w'h the
said vndertakers, and agi'ee upon siich tearmes as may he
equaJl and for the pubhqne good, setting downe in writing
whatt is done and expected on either pt.
Will 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 creekc, wh was granted w^h this
proviso, thatt, if the towne see cause to take itt fro him for
any publique vse, he shall relinquish itt, tliey 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 appoynted to be the standard for all the collonyes,
and marked w'h a new marke NH , and those who arc to doe
itt are to have 4'' for eveiy busheU 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 this monetli, att w"h day every one thatfc 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'li itt.
[92] Att a Court held the Tfi op August,
1044.
Whereas complaynt was made by Thomas Nash of damage
done in his corne to y^ value of 9 bushells by hoggs in their
qiiarter, itt was ordered, that the comittee forrofly appoynted,
(viz :) Thomas Kimberly, John Chapma, Thomas Mounsou
and John Tompso, nayloi", shall veiw the fences of the said
qiiarter, and so farr as damage hath come by defective fences,
they are to lay the charge of the said 9 bushells upon the
)yGoo»^lc
1644] NEW HAVEN COLONY RECOEDS. 145
severall fences tliey flnde defective, and if all caiiuott meete
about the said veiw, tlien 3 of tliem may detennine itt.
Theophilus Higginson desired the Court to forbears hira
till the next springe, aleadging thatt Le is nott able to pay his
fines till then, whereupon the Court granted his desire.
Itt was ordered thatt all the fines shall be demaunded forth-
w'h, and if any refi.ise to pay, the marshal! is to wanie them
to the Court.
Richard Newma, being warned to the Coui't for neglect of
his watch, he nott appearing, itt was ordered, tliatt if he come
nott before the Court rise, he shall pay 1= fine for not appear-
ing, and Is to him tliatt watched in his steade.
Richard Perry having becne formerly fined 40= for neglect
of his watch, att his humble request for same moderatio, tlie
Court ordered thatt he should pay ouely 15s.
Will Andrewes, haveing undertaken to build and finish tlie
meeting house, did lett out some part of the worke to Thomas
Mounson, and Jervas Boykin, who piitt itt off to Thomas
Saule and WiH Gibbons, w'h the said Will Andrewes consent
and approbatio, provided they did itt well, butt in tlie issue
itt was defectively done by tlie said Thomas Saule and WiS
Gibbons, and Thomas Mounson and Jarvas Boykin conceive
they are discharged of their bargaine, butt WiH Andi-ewes
alleadged thatt he never discharged them of their covenant
whereby they were bound to doe itt well and substantially, butt
w'h condico, tliatt they should see the said Thomas Saule
and Will Gibbons pforme their bargaine w"h was to make tlie
roofe of the tower and turrett thite to keep out wett, butt be-
cause there was a defect of testimony on all sides, the Court
advised them to consult together and doe itt amongst tliem so
a? tlio meeting house may be kept dry w'hout delay.
)yGoo»^lc
146 new haven colony eec0ed3. [1644
Att a Gen'-i' Ooubt held the 19'1i op August
1644.
Captaine Turner and Mr. Malhon were chosen Deputyes
for the Gen^'i Court to beheld for this jurisdictio about the
tryall of an IiidiaD, (called Bushcagc,) who is to be arrayned
for murder.*
Itt was ordered, thatt whosoever doth pass through a como
gate 01 % gate iuto a como field and leavs itt nott wcU slmtt,
shall piy 5^ fine and beare all damage w°h shall come by such
then neglect. If children or servants shall doe itt, their
paients or govemc* shall pay itt for them, butt the servants
to beare itt out of their wages.
Itt was ordered, thatt they of the watch who waUt the last
round shall call up tlie diiim' an hower before day every
morning to beate the drum,
Itt was desired, thatt seeing Mr. Malbon is to be fi:o 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 Wh are brought to
him to keep, on the lecture dayes and faii'e dayes, and to have
I'l for eVy cry, of the partys who shaU ehalleng the things
eryed.
Itt was ordered, thatt the next B'-^ day shall be a gen'^^
traying, and the next gen'" trayning to hold notw'hstaiiding.
* For the miu'der of the woman at Stamford, anle p. 136. He was aii'ested nnd
deliyered to the English by Wadiebroagh a Potatuok Indian. The record of the
trial is lost, but Winthrop infornis us that " IhB inaj^stratBa of Now Haven, taking
advice of the dders in Chose parts, nnd some here, did put him tj) death. The esecu-
tiouev would strike off hie head with a faiohion, but he liad eight biows at it before
he could efi'ect it, and the Indian sat upright and stirred not all the time." Sav.
WiBtk ii. 169. Eec. U. C. Sept. 1646.
)yGoo»^lc
1644] new haven colony eecords. 147
[98] Att a Court held att Newhayen the 2'' op Octobee
1644.
Roger Knap was discharged of his fine Wh was sett upon
his head for want of armes, because the Court was informed
thatt his armes was burnt in Delaware Bay, and after he came
hither he was afflicted w'h siclcnes and so poore thatt he was
nott able to buy armes in due time, butt now he is furnished
w'h armes.
Mrs. Stolyon demaund a debt of 3'-8-6 of Goodman Chapma,
butt Rob' Seely testified thatt Mrs. Stolyo had given liioi a
note of thatt debt among othere, to be payd into the ship on
her behalfe, and accordingly he accepted itt, and thatt the said
John Ohapma 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 impayd,
she desu'ed Mr. Attwater, (who was then to receive the ships
pay,) to lett John Ohapma know thatt now she expected the
31-8-6, 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 Ohapma said to him
then tliat he cared nott, for he had as leave pay itt to Mrs.
Stolyon herselfe, whereupon itt was ordered, thatt John Chap^-
ma shall pay the 3'-S-6 to Mrs. StolyO.
Att a Gen^" Oourt hio-d the 21"' op Octobee
1644.
Thomas Lupton, Wifi 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 tliem know thatt att the
Court of Elections consideratio will be had of chuseing tlie
comissionf* for the collonycs att the said Court by the vote of
all the freemen, thatt accordingly tlieir deputyes may come
prepared.
Mr. Malbon and Captaine Tm-ner were chosen Deputyes for
the Gen''" Court next ensuing.
)yGoo»^lc
148 NEW HAVm COLONY RECOEDS. [1644
Mr. Malboii, Mr. Lamberton, Mr. Evance and Mr. Wakema
were chosen Deputyes for the next ensuing halfe yeare.
Mr. Malbon was chosen Treasurer for this ensuing yeare.
Tho; Fugill was chosen Secretary for this ensuing yeare.
Tho : Kimberly was chosen Marshall for this ensuing yeare.
After some serious debate about tlie turning of the Mill
River, Mr. Goodyeare, Mr. Turner,. Mr. Malbon and Mr.
"Wakema were chosen comittees and desired by the Oo'' to
take unto them such workmen as have skill and veiw the said
River, exactly to see whatt advantages or disadvantages they
can disceme w"h may either ineourage or discourage the
worbe, and allso to veiw the bridge ouer the Mill River and
report to the Court whatt tliey disceme 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 bi-ing in theu- accoimts, 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 tho
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, (untiU
otiiers be chosen instead of them,) of all the comon higli wayes
aboute the towne and the bridges allso, and if need he, to press
men & carts for the repair of all such defects as they shall iinde
from time 'to time, and the charge to be borne by the towne.
[94] II Whereas divers trespasses have beene comitted by
those of the suburbs in Mr. Lambertons quarter, by the driving
of hoggs to the Oyster poyut and haunting them there. Mr.
Lamberton desired to know the jndgm' of the Court, whether
itt be meetc for them to haxmt tlieir 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 tho Court how they fmde itt. Mr. Malbon and Mr.
)yGoo»^lc
[164i NEW HAYBN COLONY EECOBDS. 149
Gilbert for the aut)urbs, aad Mr. Gibbard and Ricbard Miles
for Mr. Larabertoas quarter,
lA GeaefBl Court for the jumdiclion was held Got, 30, 16i4, aa appears from the
date of the appointment of CommiBBionera, and probably Ht tlie same time Ihe Jnria-
diotion resolved upon taking monsiires to procure a piitcnt from the I'arlianjant.]
Arc A Couiii: held the 6* op Novemb.
1644.
Henry HiAmerston, for creeping into Oaptaine 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.
Matliew Camfield, for neglect of his watch, was fined 10^
Thomas Nash desired satisfactio for 12 bushells of corne
damage done in 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 ^ biishells, 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 veiwwas found defective.
Att a Gen''" Court held the ll'i' op
Novemb: 1644.
The propositio for the releife of poore achoUars att the col-
ledge att Camhridg was fully approved off, and tliereupon itt
was ordered, thatt Josuah Attwater and William Davis shall
receive of every one in this plantatio whose hart is willing to
contribute thereunto, a peck of wheat or the rallue of itt
Whereas the Geni'i Coiu-t for this jurisdictio did see cause
to putt forth their best endeuo'"' to procure a Pattent fro the
Parliament, as judging itt a fitt season now for thatt end,
and therefore desired Mr. Gregaon to undertake the voyage
and busines and agreed to furnish him w'h 200' in this juris-
dictio, of w^h, in proportio to the other plantations, Newhaven
is to pay 110' in good marchantable beaver, itt waa thereupon
ordered, thatt the said 110' shalbe procured at the charge of
)yGoo»^lc
150 NEW HAVEN COLONY RECORDS. [1644
the towns treasury, vpon such tearmes as itt may, and tlie
towne 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 land 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 hatli beene
layd out to other quarters for their '2,'^ divisio, and allso w*
quantity there is of it. Mr. Malbon, Mr. Francis Newma,
Antliony 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 trap'i in the walke of their cattell, itt was
ordered, that the marehall shall goe w'h Thomas Whitway to
warne Vncus or his brother or else Foxen to come and speake
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 tlie Court rise,) the order for ap-
pearance att Genf" Courts under a penalty be read att the
next Gen''" Court, thatt ifct may be altered if tliere be cause.
Itt was propound thatt att the next Gen^" Court, survayers
may be chosen for every quai'ter to veiw the fences belong to
their severaU 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 and the owners to
beare the charge w^h some fine.
Itfc 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.
)yGoo»^lc
1644] ^fEW HAVEN COLONY BBCOEDS. 151
A OOUET HELD ATT NEWHAVIM THE 4"'
OP December, 1644.
Jolm Gibs and William Gibbard were fined each of them.
10^ for neglecting their watch, they being nia^^ of tho wateh.
A COUET HELD ATT NeWHAVEN THE 2'' OF
January, 1644.
Whereas some goods belonging to Mr, Pike of Vncaway, in
the hands of Tho : Robinson of this towne have beene attatched
by warrant from Mr. Gregson att the sute of John Livermore
of this towno allso, who desired the judgm^ of the Conrt,
whereupon itt was ordered, tliatt Thomas Robinson shall keep
somnoh 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
trajTng, fined each man 2^ 6''.
Whereas there was a difference 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 Oourtt, thatt Mi: Erans should have his heifers
againe.
Forasmuch as itt appeared to the Court, tliatt Mr. Leach
hath brought some bricks from the brickills in the plains wh
did belong to Mr. Gregson, itt was ordered thatt Mr. Leach
shall pay Mr. Gregson for them.
Mr. Evance desired the judgm' of tlie Court concerning a
debt of 6' 15*, w«h he demaund of Edward Chipperfield who
had put him of w'h excuses, and did alledge it should have
beene payd out of a kiE of bricks w=h was to be devided be-
twixt Steven Medcalfe, John Medcalfo and himselfe, butt upon
examinatio, itt appeared thatt there were not so many bricks
due to him of the said kiE full as would satisfie Mr. Evance
his debt.
Will Andrewes allso desired a debt of 5' due to Will Hard-
ijig fro the said Chipperfield, who having nothing wherew'h to
)yGoo»^lc
152 NEW HAVEN COLONY EEC0BD3. [1644
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^ S^.
Nathan Burchell his fines for defects remitted hitherto, pro-
vided thatt he gett armes and attend trayings duely for time
to come.
All y' have beene fined for not bruiging" their armes to the
pnblique worp' remitted hitherto.
Bro : Abbott demaunded satisfactio of Mr, Lamberton for
damage done by liis hogs in the Oyster shell field, butt re-
spited.
Rob' Parsons desired his fine might be remitted, but tlie
Court see no cause why.
[90} Att a Court held att Nbwhaven the
6'h Of Feb: 1644.
Whereas certaine goods belonging to Mr. Lewis of London
have beene attatched in the hands of William Andrewes att
the sute of Tliomas Stevenson of Yenicott, Mr. Priden as his
attournay required judgm' upon the said goods. The Court
understanding that tlie said Stevenson solde and dehvered 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. RusseUs of Charlestowne in the Massacusetts, butt when
the said mare was demaunded, the said Mr. RusseUs said he
had sould her for fower pounds, whereupon itt was ordered,
thatt the said Will Andrewes shall pay unto the said Mr.
Priden the sQ of 4' wh was tho price of the mare when shee
was solde, and the remainder of the said goods in the hands of
Witt Andrewes belonging to Mr. Lewis shall rest there as
attatched tUl the Court dispose otherwise of or concerning
them.
William Tompson demaunded satisfactio of Mr. Gregson for
damage done in his corne by his hoggs, itt bemg evidenced in
the Court thatt the fences of Goodman Banister, Edward Patte-
)yGoo»^lc
1S44"] NEW HAVEN COLONY RGCORBS. 153
son and John Charles were defective att the same time when his
hogs did the damage, itt was ordered, thatt they should heare
the damage according to their different just pportio% (yiz)
Edward Banister 3 bushells, and the other 2 each of them one
biishell and a halfe.
Thomas Mouleno'' sen'', and Thomas Monleno'' his son, being
charged w4i sundry miscarryages and breach of peace but
nott issued, itt was referred to anotlier Court and in the meane
time itt was ordered, thatt tliey shall both enter mto into a
recognisance of each man lOO' to keep the publique peace and
be of the good behavic towards aU people and especially to-
wards the inhabitants of Totokett.
Arthur Halbidge, having beene formerly cliai-ged by Mr.
Browning for stealing fro him abushell of corne to the valine
of 4=, and a shirt or frock to the value of 1=, w"h he att first
denyed w*h 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 wh have beene
caused by him.
Richard Lambert, having beene form'ly convicted and sen-
sured for sundry miscarriages in was of unrightousnos, now
made an acknowledgm* of his guilt hi the coiu-t, thinking
tliereby to give satisfactio, who showed themselves willing to
take satisfactio, butt yett advised him to be carefuU to make
his peace w'h God, and seeke to gett that bitter roote, (whence
such eviU frutes did spring,) that a reformatio of those erills
may appears in his conversatio.
A Court held the 6"' of Maeoh
lt>44.
Mathew Orowders fine remitted upon Mr. Brownings te
mony thatt his was sick att thatt training fro wli he ^
absent.
John Walkers fine was was remitted bee: he was lame.
Rob* Parsons fine respited till May or June.
)yGoo»^lc
154 new haven colony becokds, [1644
[97] Att a Geni'II Oouet held att Newhaven the
24 OP Feb. 1644.
Jer. Whitnell, Thomas James, Rob' Martin, John Gregory
and John Meggs wore admitted members of the Court.
Itt was ordered thatt if any members of the Court shall de-
part from the Gen'" Courts wthout licence after their names
be called, they shall pay each man !« Q^ fine, and if any planter
shall depart wthout licence while the Oom-t 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 tliey might prevent the like damage for time to come,
and after much debate itt was ordered, thatt a comitte shall
be chosen in eveiy q^uarter to veiw the comon fences and
fences belonging to every quarter, some one day in the first
weeke iu every moneth, from the first of March next imto y'
day 12 moneths, and observe diligently whose fences are de-
fective and acquant the ownoi's 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 w'hin thatt fence
till theirs be mended if none other be found defectire besides ;
and they whose fences are defective shall pay the said veiwers
for their expeiice of time about the said veiw, butt if no fences
he defective, then the wliole quarter shall pay them. And
the said veiwers are to acquaint every famyly in their said
sevei-all 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 w'h 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 5^ fine for every default as aforesaid. Moreover
if any fences belonging to the towne, (and once accepted as
good by the treasurer,) bo found defective, the veiwers shall
gett them mended, and if they cannott otherwise gett workmen
)yGoo»^lc
1644] NEW HAVEN COLONY RECOItDy. 155
they sliall have power to press men to mend them, and the
treasurer sliall pay them.
Itt was allso ordered, thatt if any mans come be damaged
by cattell or hoggs, he may poiuid them if he findc the boasts
y' have done the damage and cannott finde where they gott in
or at whose fence, he may goe to the veiwcrs appoynted for
thatt quarter where the damage was done, and gett tliem 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 estraordinaiyly.
Jasper Craine and William Toiittle for Mr. Davenports
quarter, John Caffiiis and Jaiwas Boykin for Mr. Newmans
quarter and Mi-. Browniugs, Eob' Johnson and Thomas PoweU
for the Yorkshire quarter, WiH Fowler and Henry Glover for
Mr. Wakem^ qxiarter, Rich; Miles and WiUia 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 Oystershell
field, Rich : Mansfield and David Atwater for the farmes, and
Francis Browne and John Vincent for the plaines.
The Court desired the magistrates together w'h tlie depu-
ties to veiw aU those orders wh are of a lasting natiire, and
where they ai'e defective, to mend tliem and then lett them
be read in the Court thatt the Court may confirme or alter
them as they see cause.
Whereas much disorder bath beene done by some in cutting
downe trees in the como w'hin 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 Idnde vntill
some otlier be chosen m their stead.
Itt was ordered, thatt aU men shall duely pay their rates to
the treasurer, or to those whome he shall appoynt to receive
them w'hoiit putting him of to others, and that all those who
have alienated land shall pay the rates for itt themselves
untill it be entered in 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
)yGoo»^lc
166 NEW HAVEN COLONY BECOEDS. [1645
meeting, shall bring them to the meeting the lecture day ime-
diatly before, so many of them as doe come to the lecture,
[98] ||The Governor desired thatt all meanes might be vsed
to pfect souldiers in tlie military art, and thatt the gen'" trahi-
ings and squadi'ons w'h an artillary allso may be incouraged
and improved to thatt end, and wished thatt all those thatt are
free and witling, 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 tlie squadron traynings.
Mr. Peare desired the plantatio to take notice, tliatt if any
will send their childr. to him, he will inetruokt them in writ-
ing or arethmatick,
Eobt Abbott and Wilt Paine desired that their land might
be layd out on the East side, m 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 tiie townes occasions and tlieiv con-
Jasper Oraine was freed from watching and trayning in his
owne person, because of his weaknes, butt to linde one to
watch in his stead whs his turne comes.
Goodmfi Goldam freed from watching and ti'ayning in his
owne person in like manner in regard of his weaknes, onely
he is to finde a man to watch for him when his turne comes if
his estate will be are itt.
Att a Gen'I' Couet held atj: Newhaven
THE LAST OP MaECH 1646.
Wiil Fowler, Tho : Mitchell and PhiUipp Leake were ad-
mitted members of the Court.
Ml'. Malbon was chosen Treasurer.
Mr. Malbon, Mr, Evance, Mr. G-ibbard and Mr. Francis
Newman were chosen deputies for the halfe yeare next ensu-
ing.
Captaine Turner and Mr, Malbone were c]iosen Deputies for
the Jurisdictio Court,
)yGoo»^lc
1645] NEW HAVEN COLONY RECORDS. 167
Eider >fewman exempted fro attending att the G-on''" Courts
hy reason of his many occasions.
Itt was ordered thatt Jasper Craine and Rob' Ceely before
the next second day, shall vehv all the cannows belonging to
the English about this towne, and marke y wHi the townes
marke all siieh Wh they shall approve as fitt for the English
to vse, and thatt no person or pei'sons 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 tliatt no pson or psons shall kindle a fire to
burne leaves, straw, cornestalks or any kiiide of rubbish either
in gardens or houslotts in or about this towne vnder the pen-
alty of 21 fine.
Itt was ordered thatt no man shall putt any cattell into the
neck fro this day foroward above his pportio, under the pen-
alty of Q'^ 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 whoso 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
diiim's for the towne till this time 12 moneths, and maintaine
the drums att their owne 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] IJThese following ofiicers and orders of the Artillary
company wore p^sented to the court and confirmed by the
)yGoo»^lc
158 NEW UAVEN COLONY RGCOKDS. [1645
court, leaving the sett time of trayings to tlie company them-
selves to order as they shall see cause.
Mr. Malbon Captaine, Leivteii"^ Ceely, Leiveten' Francis
Newma, Standard bearer Witi Andrews, Tho: Mounson,
The : Jeffrey and John Nash Sergeants-
ORDERS FOlt THE AltTlLLARY COMI'ANY ATT
Newhaven.
1 Thatt the company from time to time chuae their ofBeers
from among themselves, as captaine, leivtennant, eusigne, ser-
geants and others necessary for seiTice, and thatt upon such
choyce they yearly p^'sent them to the Geu''" Court for New-
haven for approbatio & confirmation.
Thatt every man offering himaelfe 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 liis way
may be cleared before he be admitted to exercise.
Thatt every member of this company att his first entrance
pay the sum of IS^ for and towards the raising of a small
stock for the necessary vses of the company, to bo payd m to
the treasurer or clarke appoynted by the company for thatt
purpose.
Thatt once a ^ upon tlie 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 i£f linit timei of
service. And for this exercise the first drum to beite att the
going out from the lecture, and the second diuiii one howei
after, and thatt att every such exercise every one of the com
pany be present upon the markett place and an&A^ue itt the
call of his name and bring w^h him his muskett and all othci
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'', and thatt the offenders being
first domaunded, duely pay these fines before or att the 2'^
exercise next after the forfeiture.
Thatt every one of this company pui-posely coming to any
)yGoo»^lc
1645] NEW HAVEN COLONY EECOBDS. 159
Gren'" or perticular Court, or to the ordinances att any pub-
lique meeting, wlietlior on the Lords dayes, lecture dayes,
dayes of soUeme fasting or thanksgiving, shall carry and weare
his Bword 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
offence and fine to the company, to the next perticiilar court,
(upon due notice by him given to "the company,) who shall
heare and determine betwixt tlie company and him according
to their light in referrence to the forgoing orders,
Thatt the stock of this company whether 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 eveiy member of this company, (according to his
place and estate,) come to tliese exercises in decent apparrel!,
thatt all excess, all contentious, provoking, sinful! earryage
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 meete.
Lastly for their fiu-ther ineouragm^, itt is granted and
ordered thatt all the members of this company duely attend-
ing the gen''" trayiiings be freed from the perticular squadron
meetings and traynings wherein the rest of the towne ai'e
exercised by the sergeants.
Whereas, by reason of the ai'tilaiy, the squadrons will be
small, itt was ordered thatt 2 companyes shall bo joyned into
one, of the sergeants in their eoui'se shall exercise them one in
every 2 weekcs.
Itt was ordered tliatt the 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 nians goates shall be found out
)yGoo»^lc
160 NEW HAVEN COLONT EEGOROS. [1645
of his owne ground w'liout a keeper after this weckc, lie
shall pay 6^ a bead.
James Russells, by reason of his lame thumb, was excused
fro bringing his muskett on the Lords dayes and other dayes
of publique sollemn worp^
[100] ||Mr. Davenport having a desire to remove his fence
from thatt side of his lott towards •the clay pitts way to the
other side of his lott towards tlie 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 tlie court they
granted his request.
Itt was ordered thatt from hence forward the monthly court
shall be kept on tlie 8^ day of the weeke.
Phillip Leake was chosen corporall instead of Abraham
Bell.
Itt was ordered thatt a chist shall be made forthw'h to putt
tlie pikes in, to keepe them from warping, w^h Thomas
Mounson and tlie rest of the officers undertookc to see done.
Itt was ordered thatt those thatt live att tlie farmes shall
brhig or send their armes to be veiwed on such dayes as are
appoynted, and they all attend the genr" traynings except one
man att every farme.
Itt was left to the Groverno'' and Captaine Turner to order
and appoynt the gen''" trainings so as may be most for the
common good of the plantatio in respect of hay time and har-
vest.
A Court held att Nbwhaven the
gth OP Apbill 1645.
Mr. Malbon reqaired satisfactio of Mr. Oafiins for damage
done in his corne att seu^'all times, once by his s^idne, and
another time by his cattell, w^h was valued att 8 bush:s each
time, butt Mr. Caffins 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,
)yGoo»^lc
1646] NEW HAVEN COLONY EECOEDS. 161
Rich : Miles and Jasper Craiiie to veiw and arbitrate & deter-
mine, or else to report to the court how they fiude itt.
Rob* Ceely was desired to advise w'h some tliatt have skill
in leather to gett wliatt light they can agst the next court,
thatt some course may be taken if itt may be to moderate the
price of leather and^hooes.
John Meggs accused Oaptaine Turner, Tho : Pell and Tho :
Itobinson of estortio or vnrighteousnes in tlie prices of leather
wh they sould to him, butt being nott prepared to make
proofe of whatt he had charged tliem w'h, the proceeding was
respited vntill the next court.
Captains Turner having reeciYcd eighteene pounds and
eighteene shillings of Mrs. Higginsons estate, and John
Wakema fifteene pounds aUso 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 tearnie 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 lioggs w^li Thomas Morris testified, was 12 bushells,
whereupon it was ordered that the defective fences shall make
itt good.
The marshall was required to warne tlieir 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 minde of the court, whether or noe
he may have them, itt was ordered thatt he shall, if he will
malie vse of them referring himselfe to the court for the price
of the shingles and his disorder in getting them w'hout
license.
)yGoo»^lc
162 NEW HAVEN COLONY HECORDS. [1645
[101] A Court held the 6* op May
1645.
Oliadiah Smithwood being apprentice to Goodman Taintci"
for runing away from his said ma', and being convicted for a
notorious lyar, was sentenced to be eeveerly whipped.
Concerning the defference betweene Mr. Browning and
John Moss, they were desired to cleai'e mistalces betweene
them about the diffective fences in the oyster shell field w'^h
concerues them, 'w'^h the veiwers 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 xxpon 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, Goodma Pigg and John
Moss.
Thomas Barnes required satisfactio of Eaiph Dighton for a
cow of his w^h perished as he conceives through his sons
neglect who kept the heard thatt day, butt Eaiph Dighton
alleadged thatt a cow of thatt heard being swamped, his son
came home to the towne to gett help, and left his partner w'h
tJie 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 wMi her foote in a hole betwixt the banck and
the roote of a tree, yett they did neither heare nor see 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 !Barnes was to beare himselfe, and that the boy was
innocent in the case.
)yGoo»^lc
1645] NEW HAVEN COLONY KBCOBDS. 163
Robt Johnson for a defective gnnstock was fined t« and
charged to gett itt mended.
A Court held the 3'' op June
1645.
The difference betwixt Captaine Turner and John Hill con-
cerning a Bull wh 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 Wakeniaii and Mr. Robert Newma to arbitrate and
determine if it may be, or else to report to the Court how they
finde itt.
Jolm Meggs having formMy chai'ged Captauie Turner,
Thomas Pell and Tho: Robinson w'li extortio or sinfull
vnrightousnes, and nott being able to make good the said
charge agst them, did uow.acknow]edgluserro'',wt^h acknowl-
edgm' was accepted as satisfactio, onely he was sentensed to
pay 1^ fine for nott appearing att the last eo\irt, and to pay
the charges of those who had attended 3 courts together by
James Till for stealing 2 fadd: of black wampom, and one
fadd : of white from Laurence Turner, into whose company he
intruded huuselfe under pretence of frendship, was sentenced
to be whipped and to malte 2 folde restitutio to the said Lau-
rence for what he hath stolen.
The difference betweene Mr. Goody ear e and John England,
by consent of botli ptyes, was referred to Mr. Rob* Newma and
Mr. Grilbert to arbitrate and determine if it may be, or to make
report to the Court how they fmde 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 w'h 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, andif he doe serve a yeare longer the he should have done,
tlien his ma' is to pay him for his last yeares service.
)yGoo»^lc
164 NEW HAVEN COLONY RECOEDS. [1645
All account was delivered into the court by Mr. Craine eon-
cerlng Mr, lioe and ordered in case itt be questioned it is to be
trjed in a Court of Magistrates.
Andrew Low, for late coming to watch, fined 2^, and G-eo.
LarrimC and Goodma Harrison fined each of them 1" for the
same.
Tho: Oaffins fined 6^ apeecc for liis goates pounding.
Rich: Webb promised to pay vnto Josuah Attwater 33^ w'^h
he demaunded of liim as due to the shipp.
Fifty shillings of Steven Medealfe's in the hands of Peter
Browne is attatched by Mr, Gregson for a debt of the said
Stevens.
[102] Att a Gen^" Court held att Newhaven
THE 16"' OF 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 tlie Beaver
meadowes and they will endevc to improve them, and if they
can so improve thera as to make them coraodious for their vse
they will be content to pay rates backward and forward in a
moderate way as shall be judged equall, butt if uott they will
retourne the said meadows into the hands of the towne.
Leivteiiant Seely and Jer Witnell complained thatt their
meadowes ai-e so bad as that they are alltogether unserviceable
to them and cannott be improved, and therefore desired the
court to take their ease allso into serious consideratio.
The Court seriously considering and debateing the said
propositions, declared themselves willing to attend the necessi-
tyes of the partyes aforesaid and others whose meadowes by
charge cannott be improved, and tlierefore ordered that Jasper
Craine, Marke Pearce, John Clarke and Henry Lendall shall
veiw tho 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
)yGoo»^lc
1645] NEW HAVEN COLONY BBCOKDS. 165
according to each mans different and sevorall 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 he, some
land in the Oyster-sheU 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 Sahoth dayes and
other times of solemne puhliq^ue worP of God. "Whereupon itt
was ordered that he shall ^^ apeece if there be nott above 3.
If there be above 3 and not above 6 he shall have 3"'' a peece,
and if above 6 he shall have butt 1'' a head for their fare. Itt
was aUso 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 pereon
so transported by him, provided notw'hstanding, 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 tlieir owne cannowes or boates, or to
agree w'h the fenyman as they can when tliey have need.
The Court desired tlie 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 tliere-
fore ordered thatt Sergeant Andrewes, Sergeant Jeffreyes &
Sergeant Mounson, w'h Oorporall Whitehead shall consider
where the dyers and tanners may gett 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
)yGoo»^lc
160 NEW HAVEN COLONY EECORDS. [1645
allowance, or contrai-y to their appoyntmeiit, they sliall be
punished att the discretio of the Court.
Whereas the court did desire the Goyerno' 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 trame 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, tlie second Mun-
day in November to traine and veiw ai'mes, Wh dayes were
approved and confirmed by the coni't.
Itt was ordered that if any pei'son or persons, whotlier direct-
ly or indirectly, in this towne shall sell wuie by retayle of
quarts or pintes or the like, after 14 dayes next ensueing be
expired, w^hout license, ho or they shall be punished att the
discretio of the court.
Win 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 liither end of the plaines joynuig unto
Francis Newmans lott, and if dye or leave the ordinary, the
land shall goe to the ordinary still for the vse aforesaide, onely
his charges are to be allowed by hun thatt shall sxieceede,
thatt he or foe no looser when he leaves itt if the byre he re-
ceives doe nott pay him in the interim.
[108] II Itt was ordered thatt a standard of weights and
measures shall be made fortliw^h, and thatt eveiy 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 Eich: Miles, Josuah Attwater and
Nicholas Elaey 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 wliat time
the spend in the aforesaid service, the treaavu-er is to pay
them. And if any person or persons shall after the aforesaid.
)yGoo»^lc
1645] NEW HAYBN COLONY RECOKDS. 167
shall sell by any weight or measure not so marked as aforesaid,
lie or they shall be puoished att the discretio of the Court.
Whereas some have taken offence att the shepheards keep-
ing his sheep and making a penne for them towards the Oyster
river thinking they were wronged by itfc, butt the order of
Court the 21 of October 1644 being read, itt appeared thatt
nothuig was done butt by order of Court.
Itt was ppounded thatt anotlier ordinary might be sett up
towards the water side, butt none was found (itt for the pres-
ent, onely itt was left w'h John Livermore to consider off if he
can be tree & litt to undertake itt.
Itt was propounded thatt every souldier in the band may
have a yeard of eanvis for such vse as the captaine shall ap-
poynt. - Itt was allso propotmded tliatt a marke may be sett
up in some convenient place for the company to shout att for
some priz.
Whereas the place where John Benliam now makes bricks
is w'hin the compass of Mr. Batons fai'me, and iioe way to itt
butt butt by water except through liis gTOund, w^h nevertheless
hitherto he hath nott beene deliarred of, but of late brother
Benham having a purpose to inclose some ground there, the
GovernC Mr. Eaton lett him know itt would nott be conven-
ient for him to have a fai-me w'lim his farme, whereupon the
said John Benham propounded to the Coiirt where he shall
make bricks, butt notliing was determuied concerning.
Itt was ordered thatt a chist be made for the pikes and the
gi-eat guns putt in readynes for w'h, according to a former
order.
A Gbni'" Ooubt held the 20*'' ot June, 1645.
Whereas itt doth appeai-e 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 tlie Govemo"^^ w'h the rest of the Court w'h the Captaine
and Leivtenant as a coruicell of warr shall dispose and order
)yGoo»^lc
108 NEW HA.VEK COLONY EECOEDS. [1645
all the military affayrea iintill the G-enf" Court for the juris-
dictio sliall settle some coarse concerning the same.
A Court held the 1' of Jukg, 1645.
Win RnsacUs being niaf of a watch, for suffering his watch
to sleepe was fined 10'.
The sentJnell fiued 5« and all the rest 1= a peece.
John Hunter lined 5' for neglecting Ms watch.
Sam Dighton and Anthony Stevens respited.
A Court held the 5 op August, 1646.
Bob' Abbott having his goates driven forth towards the
keeper, butt were found in the quarter yctt 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.
[104] At a GenII Gouet held at Newhauen the 18*'' op
August, 1645.
Vppon a letter from the Governour* it was desired that
some course may be taken for the common saftie in these ru-
mours & tumixlts of tlie Indians.
The gunne smithes wore desired to lay aside all other
buissinea & gett those gunnes repayred that are defective.
Henry Pecke and old Eassett were desired to sett the great
gunnes vppon good strong cai-ryadges.
The farmers that have butter and cheese were desired to
keepe it in their hands, that in case the publicque service re-
quire it, tliey may be furnished.
All those that goe abroad in the woods or meddowes were
* From Boston, where lia was sttonding a meeting of the Commissionevs of the
)yGoo»^lc
1645] NEW HAVEN COLONY RECORDS. 109
desired to carry their armoB w'h them, & to worko as iieare
together as may beo.
It was desired that those tliat goe forth with the heards and
flocks would cany their gunnes w^h them & it was advised
that 2 might goe w'h cuery heard onn the Lords dayes.
At a G-ENtfERALL CoURT HELD AT NbWHAUEN THE 25"^'' OP
August, 1645.
The court tooke it into serious consideration what should
be done w*h farmes, but notliing was concluded about them
hut left to further consideration, only those that live at the
farmes were desired to keepe good watch & be carefull of their
owne saftie, till there he more apparent danger and some fur-
ther order concerninge them.
It was debated whether the discliardgiug of a gunne iu the
towne, woods or meddowes, shalbe taken as an allanun dureing
these times of danger, but it was left.
It was propownded that tliose that have gumies most fit for
service abroad, shall lend tliem to the souldiers that are to
goe abroad, Also that those tliat have shoes & stockeings to
spare, would furnish tlie souldiers w^h them, and Mr. GregKon
vndertooke to see them satisfied for them.
A Court held the 2^1 oe SEPTEifBEB, 1645.
Eichard Oatchman desired the justice of tlie court agayiist
Thomas Hart and complayned that the said Hart carryed away
his negroe servant from Virginia w^hout 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 tlie said
Thomas Hart for the service of tlie said servant for sundiy
monthes.
Thomas Hart pleaded that the said Catchman did owe him
a debt, & delivered a noat of severall accompts into the court.
But because they wanted clearnes of evidence onn both
sides, the coiirt advised them to refferre it to arbitration, accord-
22
)yGoo»^lc
170 NEW HAVEN COLONY RECORDS. [1645
ingly they chose Mr. Grogson and Mr. Malboii to ai'bitrate it, &
if they cannot end it they desired Mr. Eaton the governour to
vmpire it.
Richard Oatchman 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, wherenppon it was
respited that lie may have time to make proofe ; in the meano
time to lay in security to the court for the said debt tiil hec
make proofe of the payment of it in Tu'ghiia.
John Thomas for absence at a gennerall trayninge was
fined 5«.
[105] A COUET HELD AT NeWHAVBN THE fi^Ii op OCTOBER,
1645.
Michaell Palmer complayned tliat Eichard 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 eqiiall beaver, to the said
Pahners satisfaction (w'h damadges for forbearance,) before
tlie next court, or elce an execution shall goe forth agaynst
him.
Arthur Holbridg hath sould to Mr. Malbon all his land in
the necke conteyninge two acres and thirly two rodds.'
Jeames Russell desired satisfaction of John Walker for
damadge done in his corne by his hoggs.
John WaUfcr pleaded tliat the fences were defective, where-
vppon he was advised to wanie those whose fences were de-
fectiue.
Anthony Steveus for comming too late to watch, and w'hoxit
bullets was fined 2^
Joseph Brewster and Joseph Cox were accused for drinkeing
to excesse ; Joseph Brewster confest that they had drimck
sacke in his fathers cellar out of the bung w'h a tobacco pipe,
& in the chamber out of a bottle, and tiiat they went after that
)yGoo»^lc
1645] NEW HAVEN COLONY IIBGOHDS. 171
to the ordyuary, and there dranlc a quart of bcare. Sistor
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,
whereyppon Joseph Brewster let him goe aud then she saw
him stagger & reele, & as she 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, wherovppon she
agayne said he was drunke, because he could not goe nor
stand, and then Joseph Brewster called him to come to him
wh he did, but yet in a reeling mainer. Mrs. Bvance and
her mayd testified that when they first saw Joseph Cox after
this they could perceive nothinge that hee ayled.
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 aboimdance of lyes, espetially
Joseph Brewster, the premises considered, the Ooui't conceyved
they deserved to be sevearly whipped, but referred it to Mr.
Evance & Mr. Brewster to give them correction in their famy-
lyes.
At a Gbnneball Court held att Newhaubn the 22*1' of
OCTo: 1646.
John Cooper & Josepli Nash were admited members of the
Court.
, Captayne Malbon & Captayne Turner were chosen deputies
for the gennerall court for the jurisdiction.
Mr. Malbon, Mr. Evance, Mr. Gihbard, 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
tlie accompts of the former treasurers.
Thomas Fugill chosen secretarie. Tho'" Kimberly chosen
m^ shall.
The surveyours of the causwayes & bridges w'li their con-
sent are to be continued another yeare.
)yGoo»^lc
172 NEW HAVGN COLONY EKCORDS. 1645]
[106] ||Mr. Lamberton propownded that he might have a
peece of grownd ncare his howse to sett s. warchowsc by tlie
creeke and for a wharfe also, & he will give the towne soe
much as it is worth, or if the towne be not wilKnge to sell it,
if he may have it for the present, when there shalbe cause he
will part wth it vppon such tearmes as shalbe thought by indif-
ferent men,
Jaspar Orayne & Robert Seely are desired to joyne w'h the
Coui't to view the said gi-ownd, & (if tliey see cause) to dis-
pose of it to Mr. Lamberton, vppon such tearraes as shalbe
thought meet by them for the publique good.
The Govemour complayned that he could not gett work-
men to mend the mill, wlierevppon it was ordred that the
govemour 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 preese is satisfied or the work done for w"h
they are pressed.
It was debated what order the miller should observe in
grinding mens corne, but left to the millers discretion & the
rule of equitye.
The Governour wished the towue to talte notice tliat if any
send baggs vnmarked, the miller will take noe chardge of
them.
Goodman Smith desired tlie court to take some order that
his land may be layd out. Tlie Goveniour wished the Court
to consider whether they would confli'me 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 sbeepe.
It was ordered that Goodman Deighton should burne the
playnes w^h all convenient speede, takeing the fittest season,
and therfore every one sliould 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 ai'e defective, if the defective fences bee fownd.
The Govemour called vppon those who were defective
though appoyuted to veiw the Beaver Meddowos, & bro. Seely
)yGoo»^lc
1645] NEW HA.VEN COLONY RRCOItDS, 173
to know what was done in it, but their answere was tlicy had
doiie notheiijg in it.
The marahall was desired to see the hooks and hinges of the
towne gates least they be lost.
At a Genngeall Court helb the 30^'' of Octob : 1645.
Ml'. Lambertou was chosen deputy in Mr. Malboiis stead for
the jurisdiction court, and Mr. Orayne deputy for this towne.
[A General Court for the Jurisdiction was also lieM on the SOUi of October, 1645,
nt wliicli the mag^tralas and coramisBionerB were chosen for the year ensuing, as
appeal's fi-om the data of the commissions of the latter ia the Kocords of Uie United
A COUET HELD THE 4'!' OF 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 walko in the
wayes of God, The premisses considered tlie eentcnce of the
court was that he should be seyeerly whipped.
Mrs. Brewster intreated the Court that the execution of tiie
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 dowiie to sleepe, & soe neglected their trust, for w'h
they were fined 5« apeece.
Mr. Leech beinge complayned of for not bringing his armes
on the Lords days, his answere was that his man brings his
aiTnes for him, w^h was satisfyiage.
Thomas Clarke for totall neglect of his watch was fined 5^.
Mr- Evance hath sould vnto Mr. Kobert Newman & to Mr.
Gilbert 6T ac: of Tpland, lying betweenc Captayno Turners
farme and and the said Mr. Newmans farmc.
)yGoo»^lc
174 new haten colony bbcohds. [1645
[107] At a Court held the 3<i of December 1645.
Thomaa Robinson was chai'dged for remoueing some land
marks in Mr. Hooka & setting new stacks in "W" Fowlers
meddowe liaveing hired in the meddow adjoyninge some grasse
Tor this yeare.
He pleaded that he Tsed the best meanes he could to find
tlie 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 Robinson did
remove a stacke though he advised not to doe it. W™ White
testified that when he went to mowe in Mr. Eracyes meddow
there was new staks sett, and that bro : lues tould him if hoe
did mow by those staks he should cutt erosse brother Fowlers
meddow. George Smith testified that after Thomaa Robinson
had bin sieke, 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 Goncejued, for w=h vnrightfiousnes in disturbing the pub-
lieque peace, he was fined 40^ to the pxiblicque & ordered to
set the staks right at his chardge.
Captayne Turner informed the court that Mrs. Stolion hath
complayiied to smidry persons that he made a bargaine w'h
her for cloth for w«h shee accepted cowes, but wi^ diaapoynted
to her great damadge, & therfore he desired she might shew
what cause lie had given her soe to doe.
Mrs. Stolion pleaded that the captayne came to her bowse
to buy some cloth, chose a peece of 20= a yard, and said he
would hare sixe yards of it, and Mi-s. Stolion should have a
cow, and both aggreed to hare her prized by some indifferent
men ; the captayne said alsoe tliat he had neede of more cloth
& commodityes to the vallew of 12i & 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
went to the captayne, chose 2 cowes, and.when he came home
he tould her the captayne would come the next day & speake
)yGoo»^lc
1645] NEW HAVEN COLONY RECORDS. 175
w'h her, but came not according to liis pmise, and though slie
sent to him yet he came not.
The captayne said he did really mtend to have had some
cloth and that she should have a cowe, and when Mr. Stolion
came to chuse one of the beat 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 liim lie would abate 10*.
Mr, Stolion said he would give noe more but 10', they parted
and the captayne promised he would come and speako w'h his
mother, but because he could not well goo to Mrs. Stolion, &
haveing heard of the deames of her commodities, the exces-
sive gaynes 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 escessive rate, left it to the consideracon
of the court whether she had not done him wronge in com-
playniug of him, and if she might not be dealt w'h as an
oppressor of the commonweale.
Tho court conceyved the captayne was to blame that he
did not goe to her according to his promisse, espetially that
after he hear& she was vnsatisfied he did not attend her satis-
faction, but w'hall that the captayne might justly offer it to the
consideration of tlie court whether such selleinge be not extor-
tion and not to bo sufferred in the commonweath.
[108] II 1 The captayne complayned that she sold some cloth
to Wi" Bradly at 20' F yard that cost her about 12% for w=h
she received wheate at > Q"^ F bushell, and sold it presently
to the baker at 6^ V bushell who received it of W"" Bradly,
only she forbaring hor monny 6 monthes,
2 That the cloth w=h Leiut Seely bought of lier for 20' ■T
yard last yeai'e, she hath sould this yeare for 7 bushells of
wheate a yard, to be delivered in her chamber, wh she
coufest.
3 That slie woiild not talce wompom for commodityes at 6
)yGoo»^lc
176 NEW HAVEN COLONY BBCOSDS. [1645
a penny thougli 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 Bobinson testified that liis wife
gave her 8'^ in wompom at 7 a penny, thoiigh she had but
newly received the same wompom of Mrs, Stolion at 6.
5 That she would not take beaver w«h was m'chantable
w'h others at 8= a pownd, but she said she wouldhave it at 7=
and well dryed in the sun or in an oven. Leiut. Scely, the
m'shall & Isaacke Mould testified it. John Dollingham by
that meanes lost 5^ in a skiune (that cost him 20^ of Mr.
Evanee and sold to her,) viz^ 2' Q^ in the waight and 2' 6^
in the price.
6 She sold a peece of cloth to the 2 Mecars at 23= 4<i p
yard in wompom, the cloth cost her about 12« -^ yard & sold
when wompom was hi great request.
7 That she sold a yard of the same clotli to a man of Con-
necticott at 22= p yard, to be delivered in Indian corne at 2' p
bushell at home.
8 She sold English mohejre at 6= F yai'd in silver, w<^h Mr.
Goodyeare and Mr. Atwater affirmed might be bought in Eng-
land for 3» 2<i ¥ yard at the -vtmost.
9 She sold thridd after the rate of 12= F pownd w^h cost
not above 2« 2^ in old England.
10 Tliat she sold needles at one a penny w"h might be
bought in old England at 12^ or 18-> ¥ hundred, as Mr. Fran-
cis Newman affirmeth.
The Court seriously weighing all the particulers chardged
agaynst 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 nest.
Stephen Medealfe complayned that he going into the bowse
of John Linley, Francis Linley, his brother, being in the bowse
told him he would sell him a giinne, tlie said Stephen asked
him if it were a good one, he answered yea, as any was in the
towne, wherevppon they bargajned, and Stephen was to give
)yGoo»^lc
1645] NEW HAVEN COLONY RECORDS. 17T
him 17^ As Stephen was gohig out of dores he questioned
the EuSicieucy of of the locke, Francis told Mm indeed John
Nash told him she was not wo'th 3'^, but for his part he did
not Tallew it -worse for that, for smithes doe not affect olde
gunnes, for he knew one gunne w°h Jolin Nash disprajsed W^Ii
is a good one for all that, soe Stephen went home & afterward
dischardging the said gunne the brich flew out tfe struck into
his eye and wounded him deepe and dangeroiisly into the
head.
I'rancis Linley pleaded that ho told Stephen that John
Nash told him that the gunne was naught, that it was not
worth 3'J, that the barrell was thinne and would not beare a
new britch, and advized Stephen to scoure her well and if he
tryed her to put but a little chardge in her.
Mr. Gregson and John Nash testified that when he was
esamjned before Mr. Gregson, Francis Linley denyed he had
told Stephen that tlie barrell was thinne and woiild not beare
a new britch, that it was crackt on one side from the britch to
tlie touch-hole,
[109j II John Nash testified that he tould Francis it was a
very naughty peece, not fl'orth the mendinge, & yet ho prest
him to mend it as well as he coixld & let it be as it will, he
told him moreoTer that the baiTell at the britch was as thin as
a shilling, crackt from the britch to the fcoueh-holo, and would
not beare a britch, and after he had mended it, he tould him
he would not give 3'' for it, and to his best remembrance, he
saith, ho 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 badnes & vnserviceablenes to Francis Linley.
John Linley being demmanded why he was taken w'h such
a quakeinge and trembling when Stephen was going to shoote,
he said he did not quack nor tremble.
Thomas Clarke testified rppon oatli, that John Linley tould
him when he heard Stephen dischardge the gunne that he was
affraid he had hurt liimselfe.
Goodwife Fancy testified, that John Linley came oft times
to speake w'h Stephen, when he thought he lay vppon his
)yGoo»^lc
178 NEW HAVEN COLONY ESC0RD8. [1645
death bedd, to Iniow if he would cleare his hrothor, for lie
said he feared he had hard thoughts of his brother concerning
the guii. Mr. Pell confirmed her testimonny. Richard
Beech affirmed that IVancis offered him that gim to sell &
demanded 20% telling him to his best remmemhrance that it
had a new briteh,
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 affirming it was worth 10', ordered Fi-aacis Linley to pay
to Stephen Medcalfe 20' damadges.
Brother Tliomas Nash for his sons absence at a gen" trayn-
iiig pleaded his necessity of buisiues in fetching home his hay
by watter & that he coxild gett noe other helpe at that time,
but the court j^idgod his plea common to others & ordered
him to pay his fine.
Mr. John Evaiice pleaded tiiart wheras he had hired John
Basset & his wife to be servants 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 tlie said Mr. Evanoe
the monnyes w^h he hath dishoursed for him & his wife both
for their transportation & other occasions, Mr. Goodyeare did
not accept of their service, & yet the said Basset refusetli to
pay him the said monnyes.
John Bassett pleaded tliat their was noe such covenant.
Mr. Evance produced a noatvnder 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 Ifis oath of it he would submit.
Mr. Evance answered he made sufficient proofe of it by 2 wit-
nesses, and one of them vppon oath, (& deliuered an affedavit
into the court,) of John Ogden, taken before Mr. Eaton Gov-
ernor, in which John Ogdeu relateing 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 tlieniselves, yet was willing if the coui-t pleased,
to make oath of it, but the court tould John Basset that Mr.
)yGoo»^lc
1645] tfBW HAVEN COLONY RBCOBDS. 179
Evance needed not to doe it_havemg proved by 2 witiiesses,
and one of them vppon oath ; at last the said Basset said he
would reffer it to the Court, let tliem doe as they pleased.
[110] Ijit was aggreed but vppon furtlier discourse hetweene
the parties themselves that John Baesett shoxiM pay vnto Mr.
Evance 11' 7^ Wh is the debt demanded & sume disbursed,
(Mr. Evance being wilhng to talce notheiug for consideration,)
wh sume the said Basset promised to pay at 2 certayne dayes
viz', the one halfe at midsommer nest ensewing, 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 adjoynmge, in reifcrence to the difference
betwist Mr. Malbon & Mr. Caffinch, and fownd that tlie 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 eorne to make a fence crosse the said way w*h rayles, Wh
way the other quarter driveing their cattle, & somtimes leav-
einge oppen the rayles & somtime brealieing them, much dam-
adge hath bin done by cattle and hoggs, whereuppon tlie court
determined that the quarter that should have fenced & did
not, must beare the damadge, and those tliat have trespassed
in breakeing & leaveing open gates or rayles shall contribute,
and desh'ed the afforesaid committee to take some more payncs
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 wh 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. Oafiinch 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 measui-ed and
cast vp eiiery mans proportion, and then they may know
whose it is, that it may be mended to prevent future damadge ;
)yGoo»^lc
180 NEW HA.VBN COLONY REOORDa. [1645
and to put an end to the wranglos about the fences belonging
to the vacant lotte, it was ordered, that brother Andrewes
and brother Mimson shall veiw them all, and allow those that
made them soe much as they were worth when they were sett
upp, and tlie quarters to gett the said fences well & substan-
tially made as speedily as may bee, and in the meane time
tliey shalbeare all damadgea themsehies w^h come by the bad-
nes 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 being much provoalied and disqui-
eted by her frowardnes and brawling on shipboard, did call her
slut & Billingsgate slutt, and said he hoped slie would dance
about the whipping post, and af&i-med that Mrs. Norton at
Charlstowne told liim that a seaman was speaJceing filtliy
words to her the said Hannah, and would have had her goe
on shipboard, being asked what to doe, he said to play tlie
slutt, George Walker testified he heard Mrs. Norton speake
what Mr. Brewster hath afiinned.
Mr. Brewsters mayd and Mr. Lambertons maid testified that
tlis said Hannah Marsh was very froward and contentious & a
cause of much contention and vnquietnes amongst tliem as
they came from tlie Bay.
When the governour had showne wliat was tlie ordynary
acceptation of Billingsgate slutt, namely that some that were
soe called were convicted scolds and punished at tlie cuckeing
stoole for it, & some of them chardged w*h incontinency,
[HI] II Mr. Brewster said he had sufficiently proued the
one true, & he would not acquit her in the other, being asked
what grownd he had to lay siich an implicit chardge vppon
her, he said he had uotheing at all agaynst her but what he
gathered from Mrs. Nortons words. The court told he ought
to acknowledge his fayleing & soe repaire her reputation as
much as he may. At length he did acknowledge he w£« too
blame & said he was sorry he had spoke soe rashly, and that
he intended noe such chai'dge agaynst her. The eoxirt also
according to the eyidence reproued Hannah Marsh for her fro-
)yGoo»^lc
1645] NEW HAVEN COLONY EEC0ED8. 181
wai-d disposition, rcmombrmg her that meeknes is a chojso
oraameiit for weomen, and wished her to take it as a rebucke
from God, and to keepe a better watch over her sperit here-
after, least the Lord proceede to manifest his displeasure fui--
ther agaynat her.
Hannah Marsh did acknowledge it had bin some trouble to
her that she had bin soe frowai'd and contentious to the dis-
q\iieting of others, & hoped it should be a wai'niiige to her for
time to come.
A Genneball Court held thf; 8''' op Decembeii, 1645.
Brother Fowler & Thomas Knowles vppon some vrgent oc-
casions were dismissed w'h tlie leave of the court.
Mr. Malbon late treasurer, vppon tlie casting vp of his ac-
compts acquaynted the court that the towne was much in-
debted to liimselfe & others & propownded 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 safty
and about things of common public vse, wherin aU that live
in tlie plantation have a lilte benifit in their proportions, and
yet many live in the plantation & have manny priveledges in
it have hitherto bomc noe part of those publicque chardges,
wherevppon it was debated whetlier or noe in equity such
should not be rated some way or other for time to come, so as
those that Imve borne the whole burden hitherto may be
eased; 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 ife 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 foi-thw'h, it was ordered that all the
rates alreddy due and the rates due m Aprill nest shalbe paid
into tlie treasurer at his owne bowse w^hiu one month after
)yGoo»^lc
182 NEW HAVBK COLONY EECORDS. [1645
the date hereof, in moiiiiy, beaver, wampom or come, in good
■\vheat6 at 4^ ^ bushell, in rye & pease at 3^ 4'' ¥ busliell, and
if any pay in Indiaai corne at 2= 8'^ ¥ bushell wtliout assigne-
ments.
Whereas by an order formerly made for the incouradgmeiit
of those that kill woolues & foxes 15^ was allowed for a
wooUe, & 2a 6'' for every fox they killed, the court considering
that none make it their buisines to attend it, thought tiiat
allowance to much, and ordered that the treasurer shall pay 2
pownd of powder & 4 pownds of shott or bullets for euery
woolfo, and 1' for euery old foxe & sixe pence for every
yonge one, to those that shall kill them.
The court deolai-ed their apprehensions that the 2' to be
paid to tlie secretarye for alyenations shoidd be accompted as
pai-t of his 10' saleiy, but reffered it to the afforesaid commitee
to consider what is meet to be allowed to the secretary and
mai'shaU themselues" out of the said alyenations, and of tlie
warrants.
[112] II It was ordered that every one that comes to enter an
action or an alhenation in the 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 Giovernour propownded to the court whether they
would coufii-me their former grant to Goodman Smith in
reffcrcnce 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 quantitye of grownd he desired and keepeing slieep
foi- 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 ahecpe
but liis owne, at w°h the court was offended, becatise Ins
promise to kcepe other mens sheepe was tlie 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
)yGoo»^lc
1645] NEW HAVEN COLONY RECORDS. 183
their 2'' devission. It was, they must let the siirvay goe on for
all the quarters, & that then the Coii't would consider wlicre
they, and others that want grownd, may bo accomodated.
It was ordered that wompom shall goe for currant pay m
tills plantation in any payment vnder 20", if halfe be hlacke
& halfe be white, & in case any question sliall 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 howscs to the mill & bring it home againe to their
bowses for 2^ ¥ busliell, but that was respited.
It was propownded by Mr. Malbon that our pasto''s lott may
be fenced at a common chardge, & for his part he would cart
all the stuife ; it was gennerally approued, the governour de-
shed all those that could and were willing to helpe, that they
would repaire to Mr. Malbon & he would direct and order the
worke.
It was ordred tliat Mr. Pearce in respect of some weabnes
of boddy & some service he is appoynted to doe in giyeing
out and laying vpp tlie pyks from time to time, shal be freed
from trayning & watching also in his owne person, only he is
to find a man to watch for him at his owne chardge.
The comitee that viewed brother Seelys meddow reported
that for the present some of it is vnvsefull, 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 east side among the small
lotts and that then the land shalbe layd o\it in such a forme as
may be vsefuU for them and may also suite the townes con-
veyniencye.
Brother Browne desired he might have 3 acres of land out
of Mr. Brownings proportion in the Oystershell feUd, Mr.
Browning beinge willing, it was reffered to the commitee to
order as they shall se cause.
It was ordered that bro : Preston shall keeps the pownd in-
stead of bro: Kimberly,
)yGoo»^lc
184 NEW HAVEN COLONY RECORDS. [1645
Because the court could not now deteiiniue any thing con-
cerning fences, & Cap^^ Turner may probably be gone before
another cQiirt, he desired tlie court to take notice that he hath
had much damadge done both in his corne & lueddowes by
reason of those tliat drive hoggs that way & have noe land
tliere & the leaveing open a gate Wh. Dauid Atwater should
mayntayne, he complayned also that some drive their oxen &
dry catic towards his farmo soc that his cowes want food.
[113] A [ ]
Richard Beech hatli sould his owne liowse to bi'o: W"'
Pccke & whereas the said bowse 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,
bame, 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% bricke & stonne as he promiseth & so
kept in repaire & the land in hart for securitye of the portions
of the said children.
The difierence betwixt W™ Bnrret of Copeago & Honry
Whelpley of the same, (because they were deffective in poynt
of proofe on both parts,) was refferred by consent of both par-
tyes to Goodra" Groues, John Hui'd, Goodman Judson and
Goodm" Shirman to arbitrate & end if they can, if they can-
not Alexander Knowles was chosen by tliem both to umpire it.
Gcorg Warde haveing bin twice warned to the court but
appeared not, now appearing, for his contempt was fined 10^,
and was chardged w^h 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 medle w'li
the mannadging of any trade, as was testified by some of the
coui-t that heard him.
He pleaded that he apprehended Mr. Dauenport had denyed
that he had any thbig to doe in the trade, being asked why he
would not goe to Mr. Davenport or some other tliat could
satisfie him before he did slander.him in other plantations, he
answered ho did not intend to slander bim. The slander being
)yGoo»^lc
1645] NEW HAVEN COLONT EEC0BD9. 185
of soe high a nature considering the person slandered that the
court thought it meete to reffer it to the court of magistrats
to be held in Aprill next & therfore let him know that he
must appeare at that court and aiiswere the said slander. .
Mr. Hotherford to Mr. Malbou all liis land in the necke.
Mrs. Eaton hath ao\ild to Mc. Peiy all her land & propriety
in this towne w'h all accomodations whatsoever therevnto be-
longinge.
Wheras the estate of Tliomas Ti-owbridge liath bin attatched
to satisfie bis creditors, Mr, Evaiice offered 100' for tlie bowse
and howselott w^h al the accomodations tbercvuto belongiiige,
it was debated but not issued.
A Generall Court held the 23'' op Ebbeuaby, 1645.
The governour declared to the coui't that the commitce 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 seates in the meeting howse, soe that
if that worke bee not cleared to the auditors 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.
Alaoe tliafc tlie orders have bin veiwed & they conceive that
the fees of the court had neede to be uicreased, viz'', that the
marshall receive for every warrant 8*^, and for every atatchmt
1" before he execute them, and to have ^ part thereof for his
paynes therin & for gatliering the fines due to the court, and
the rest to be aceompted vppon his wages to the treasm-er, also
that S" 4^ be hereafter payd for every action that is entrcd,
and 2' for every ahenation, both to the treasurer for the ease
of publicque chardge.
It was ordered that those who are admitted freely as planters
into howaelotts shall have planting land sixe acres for a single
person, eight acres for a man and his wife & one acre added
for each child at present, & shall pay S'' 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
)yGoo»^lc
186 NEW HAVEN COLONY BBCOEDS. [1645
desire noe laiid, or accept not what is allotted shall pay 1' a
yeare a peece towards pubhcque chardges. The land which
shalbe layd out to tliem to be either at the further end of the
great playnes, soe farr as the land w^hin the fence wU reach, &
the rest onn the east side, so as may be most conveynient for
them & not preiudiciall to [the ^ & thoy,]
[114]'
[ ]e towne and enjoy [
] Mr. Godfrey, and Stolion, it was
ordered that Mr. Leach shall pay 40^ W ann, Mr. Godfrey 20^
¥ an, and Mrs. Stolion 20^ F an, from the latter end of Octo-
ber last past towards publique chardges.
It was propownded to be considered whether those that hare
bought bowses & have noe land should not have some land
layd to them as the rest of the small lotts have, but it was
respited.
It was desired that men would be moderate in keepeing
cowes & hoggs least the court bo constrayned to lay some
resti'aynt vppon them.
It was ordered that if any man (after this day month) shall
find any hoggs vnyoaked & vnringed, either in any corne feilds
or mcddowes belonging to the towne and designed for mens
proprietycs though not layd out, he shall vppon due proofe in
court receive of the owner 6-i a peece, & the keeper of the
powud is to have 1^ a head more if they be brought to the
pownd, & the owner is besides to make good aU 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 gee w'h brother Brocket to se the lott belonging to
Thomas FugUl at the West rooks 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, tlie treasurer, bro : An-
drewes & brother Munson shall prize the frame that was pro-
vided for ail inne, (& w'h the approbation of the govern' ,) sell
« About two lines are torn fram tiie top of tliis page.
)yGoo»^lc
1645] NEW HAVEN COLONY RECORDS. 187
it or dispose of it as tliey can for the towiies best advaiitadgo
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 tlie towue w'ho\it a keeper, the owner
ehaU pay *5^ a liead 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 liimselfe pownd them lie is to hare i^ apeeee, the
other 3^ a peece is to bee paid to the treasurer.
It was by the Governor propownded alsoe, whether the dep-
uties may be chosen once a yeare as the magistrates and other
officers are, 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 chiise a captayne instead of Captayne
Turner, not knowing when he will rcturne ; after some debate,
Mr. Malbou was chosen captayne w'h liberty to resign his
place to captayne Turner at his returne.
It was ordered that dayes of gennerall traynings slialbe the
first 2^ day in March, Aprill, May, June, Aiigust, September,
October & November, w'h proviso if there be cause in respect
of harvest or vnseasonable weather the magistrates w^h tlie
cheife militaiy 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 & soe hinder the service, the next
second day being faire shalbe a traynlng day.
It was ordered that the squadron traynings shalbe as neare
as may be about tlie midle betwixt the 2 genirerall traynhigs
every month.
It was ordered that the next S"! day shalbe a gennerall view
of ai-mes, and soe once a quarter as was formerly ordered.
It was ordered that the artillery shall goe on accordhig to
their owne orders formerly read in court & approued.
It was propownded that all tlie fines for absence & late com-
minge to the genn" traynings and squadi'ons &c shalbe allowed
the military company to bee disposed of by the officers in pow-
)yGoo»^lc
188 NEW HAVEN COLONY BGCOBDS. [1645
der or otherwise for tlie incouradgement & beipe of military
service & discipline.
It was propowiided that those of the trayned band who are
growne to some good measure of skill and dexterity in the
military art might have some iucouradgement by ease or lib-
erty, bat respited.
It was ordered that brother Browne shalbe left to Ms liberty
to come to the gennerall traynings as the occassions of the feiiy
(his man being lame & not able to carry on that service at all
times) will permit.
[115] j] It was ordered that 3 acres of land in the Oystershell
feild, out of Mr. Brownings part shalbe layd to the ferry wHiout
rent diireing the courts pleasure & tliat Mr. Browning shall
have just consideracon allowed for it out of his rent dew to the
towne for tlie rest.
It was propownded that a bridge may be made over tlie east
river in the way to Connecticott,
Bro : Andrewes, brother Mimson, brother Bradley, Richard
Mansfcild w^b John Thomas are appoynted to view the said
river & consider in what place & how w^h the least chardgo
it may bo most conveynient & commodious to suite the end
propownded & report to the governour & magistrates what
their apprehensions are concerninge it
Forasmuch as much damadge hath come to the quarters
adjoyninge to tlie Oystershelfeild by some mens lots being
vnfenced, as namely W™ Payne & W™ Blayden, the courts
called vppon them to gstt their lotts fenced & gave them leaue
to take some of the trees on the common wh the tanu^s have
felled for barke, but in the meane time they are to pay for all
damadge w=h oomes by their default.
It was propownded whether the towne or those that live by
the seaside shall mayntayne the high-way before theii- 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 sliall survey the med-
dow betwixt the two rocks onn the farr side of the harbour to
)yGoo»^lc
[1645 NEW HATEN COLONY BECORDS. 189
see if it will accomodate brother Seely & brother Whituell, both
whose meddow is soe bad a^ not to be improved w'h any toller-
able chardg for their advantadge, and report what quantity
tliere is of it tliat the court may consider & order therein.
Joseph Pecke & Goodman Hitchcocke propownded that they
might have each of them a small lott by the creeke neare
brother Pecks yai'd. Bro : Orayne & bro : Myles arc desired
to view and report to the court if it may accomodate them &
suite the townes conveyniency.
Mr. Bvance haveing aggreed w*h reiference to the creditors
for Mr. Trowbridg his howse, desired tlie 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
square.
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
tlic speedy eanyiug on of the worke.
The court w'h elder Newman & the two deacons arc desired
to place men in the meeting howse.
It was ordered that the last yeai-es orders concerning the
Necke shall still stand in force vnder the penaltie as then
appoynted.
Brother Livermore hath liberty granted to cut wood in the
necko, but was desired to advise w^h such as can informe him
how he may so cut it as to cause it to dye.
The treasurer acquaynted the coxirt that the last rates are
disposed of, & yet the treasury is emptie and indebted, desire-
ing the court to consider how it might bee supplyed to suite
the present oecassions 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
themselues.
The peeee of grownd brother Mitchell propownded for, is
reiierred to bro ; Miles and brother Davis to view, and informe
the court whether such an addition to him may not hinder
some other planter who might have his proportion there.
)yGoo»^lc
190 NEW HAVEN COLONY EECOBDS. [1645
Goodman Plat desired that his second devissioii may be layd
out & if it might be he would have it beyond Mr. Malbons
meddow bj tlie sea side, it was ordered that the survay may
goe on that lie w'h others may have their land as it fals.
)yGoo»^lc
NEW HAVEN COLONY RECORDS.
[Here follows the revision of sueli orders as were designad to bo of a more perm
nent nature, which the General Conrt, Feb. 24, 16M--6, banning to lose confidenco
Fnglll's hitegrity, appointed a committee to see etlbcted.]
[116] In the layinge of the first fowndatioiis of this planta-
tion and juriadictiou, vpon a ftill debate w'h due &. serious
consideration, it was aggreed, concluded & setled as a fiiiida-
mentall law, not to bee disputed or questioned hereafter, that
tlie judiciall lawes of God, as tliey were deli\iered by Moses,
& expownded in other parts of scripture, so farr as tliey are a
fence to the morrall law, & neither tipicall, nor cereraoniall,
nor had refference to Canaan shalbe accounted of morraU &
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 offenders, till the same may be branched out
into perticulers hereafter.
And for the due carrying on of aU 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 otlier
of tlie 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 pubUcque 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 comerce, according to such gi'ante, orders &
lawes as shalbe made concerning the same.
AJlfreeburgesses w'hin 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 hi October ; they shall
also have vote in the chojse of deputies for the jurisdiction
generall court bo oft as it shall assemble, whether in an ordy-
nary course or vppon extraordynary occassions, & in the elec-
tion of other officers, for the plantation, as in the choise of fit
and able men from among themselues, being church members,
who shalbe called deputies, & shall asist w'h the magistrates
of this plantation in a monthly plantation court, w«h is to sit
every first Tewsday each month at nine of the clocke in the
)yGoo»^lc
192 NEW HAVEN COLONY RECOEDS.
foreiiooue, to heai'e & deteiinuie all causes brought before
them, whether ciTill 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 tlie major part of magistrals &
deputies present, but if the parties or either of them be not
satisfied w'li the justice of any such sentences or esecutions,
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 choose all mil-
litary officers for this plantation, as captayne, leiutenant,
ensigne, sergeants, 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, stinteiiig of comons,
ordenng and keepeing of cattle, preventinge dangers by fire or
water, & gemierally in althings Wh only coucerne this planta-
tion, & are not contrary vnto either to the fowudation before-
said, or to some artickles in the confosderation w*h the collo-
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 (wherin his wife together
w'h hiraselfe & children only ai'e to be reckoned,) w^h an
estimate of his estate, according to wh he will botii pay his
proportion in all rates & publique chardges, from time to time
to be assessed for civill vses, & expect lands in all devissions
w«h shalbe generally made to the planters, wh was accord-
ingly don.
Vppon due & serious consideration how the severall planl^
ers, according to their different estats and famylies, at present
might be accomodated w^h grownd, both vpland and meddow,
it is ordered that in the first devission, w'b is to be made of
Tpland w^bin two miles of the towne (a place called the Necke
being all or the greatest part w*hin 2 imle not reckoned,) euery
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 uecke afforesaid aiter
the rate of one 100' in estate, & halfe an acre for eveiy person,
& the meddow belonging to the towne being duely considered
& estimated it is ordered tliat euery planter shall have after
the rate of five acres for every 100' in estate, & halfe an acre
)yGoo»^lc
NEW HAVEN COLONY EECOBDS, 193
of meddow for every person, & in tlie second devission of
vpland lying w'hout & beyond the two miles from the towne,
it is ordered that [every planter shall have'] after the rate of
twenty acres for ovciy 100' in estate and [for every head two
acres and a halfe']
[ ] expended in the first veiw of this
towne [ ] lands from the
Indians [*
[117] II for euery 100' w^h yet falling short to defray neces-
sarie & publique chardges, a rate of 200' was granted & levied
vppon the planters, halfe vppon estates, w«h came vnto 5= 10^1
¥ 100', & halfe vppon land in the first devission in the necke &
meddow, w^h came vnto about 4f^ ^ acre.
For that publique occassions require a publique stocke or
treasurio, for the ra,iseing & majntayning of sucli a stoclie,
vppon serious consideration & debate, it is forced & ordered
that every planter, who as before receivetli & 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 ; wh rates are to
be paid in equall portions, the one halfe at or before the
last day of Aprill, and the other halfe at or before the last
day of October yeai'ly, (besides what may be assessed vppon
extraordinary occasions,) to the treasurer in such manner &
vnder such penaltyes as this court shall appojnt, which treas-
urer shall also pay out all due & necessary publique chardges
as shalbe ordered, & of all his receipts & payments he shall
give a true & just account to this court, or to such audito''s as
tliey shall appoynt yearly, or oftner if it be required, & shall
also pay &, deliver vpp vnto tlie suceeding treasurer, or vnto
whomsoever this court shall appoynt, all such wi'ittings, 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 insei'ted the planters names, estates,
numbers in their famjljes, w'h their severall proportions of
vpland & meddow in each devission, w^h the rates they are to
pay, but tlie treasurer having it, it was here omitted & thitlier
reffered.f
* A lina or two worn off.
t The book to whid; reference is liera made is still extimt in very good presecva-
tion, and in the hands ot Henry White, Esq. It is a parchment ooverfld volume, in
size 71 by 6i iuclias, of originally abont ninety leayes i a few hare been subsequently
added. Upon ita cover it bears t!ie following title, now nearly illegible ; " A Booke of
all the landes iv^li Planters at first or by Bllienations since poasease -wthin Hew Haven
25
)yGoo»^lc
194 NEW nAVEN COLONY
It is agreed & ordered, that Mr. Davenports quarter, Mr.
Eatons, Mr. Robert Newmans & Mr. Tenches quarters shall
have their first deYiesions of vpland to begin at the east side of
the towne towards the sea, (after that certayne small lotts are
layd out, &. a feild about 40 acres called the Oystershelfeild,
left to the townes dispose,) & so goe on by the Mill river, takeing
in all the land as it fals, (highwayes 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 Ml". Evance his quarter shall have their meddow by lott,
(some pticular psons hereafter named excepted,) on both
sides the river called QuiUipiocke or the great river, beginmg
■with meddow next the great rock Sf soe on to seaward are
called the east meddowes, only some of the smaller lotts
w'iiin the said 5 quai'fs, by their owne consent, are to have
their proportions on the east side of the Mill river, begining
at tlie meddow next tlie great rocke & so on to seaward, <fe
on an island in the great river before named, by lott as
they shall fall in order ; only in the Mill river, he that shonld
fall last, not haveing his fall proportion, may leave it to the
towne & take his fu.1 share in the said island. And island
is also to be layd out by lott from the south end vp the east
side & so rowiid downe the west side in order, & the lotts being
cast, the names & order foUoweth,
1. John Benham, 10. Robert Hill,
2. Mr, Clieevers, 11. Jarvis Boykin,
3. Tho™ Powell, 12. Andrew Low,
i.^Abrahin Bell, 13. Jolm Cooper,
5. William Andrewes, 14. W™ Tharpe,
6. Richard Beckley,- 15. Mrs. Eaton,
7. Widdow Greene, 16. Mr. Peirce,
8. Widdow WUliams, 17. Tho™ Yale.
9. Thomas Kimberley,
Thomas Pngill who hath one of the foresaid smaller lotts, by
consent & order is to have the island in the MiU river below
the bridg for Ms pportion of meddow, w«h 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 B. P. Seeretarie, 1846 — Also it oonteynath the somes due from
men to yc TreasurBr, aoooniing W je rate of *1 par acre fii-gt derision iwid meddow,
and 2d per acre for tlie second davissiou ttirotigiiont the Towne — Anno Dom. 1646."
Vary few entries appear to Imve been made in it after 1663. Each man is made
debtor to tie number of s,cres lieid by him in each diyision at the rate he was to pay
jbr It per ojinum, and credited on Uie oUier side fbr what he sold.
,Gooi^lc
NEW HAVEN COLONY EEC0RD8. 196
It is ordered that Mr. Lainbertons quarter, the subhurbs, Mr.
Gregsona quai'ter, Mr. Fowlers quai'ter & Mr. Evance quarter,
begin to take their first devission of vpiand at a place called
Oyster poynte, on the south part of the towne & 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
compasseiag about they have their full proportion, leaveing the
rest on the west side of the Beaver powuds 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 whei-e Mr. Evance his howse is. And Mr. Lamber-
toMS 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 neere the way
to Totoket, w'h a proportion of vplaud for a farme, and the
rest of his meddow at his owne choyse in the east meddowes,
w^h the remajnder of his vpiand for the second devission allong
the river by the brick kils, Eidjo3Tiinge to such part of his med-
dow as he wiU 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 tlie Mill river adjoyneth to the
vpiand of Ms first devission, it is to be lajd [
as part] of [his] proportion & so the m[ed]dow
[118] \\ that adjoyneth to any mans vpiand vppou the west
side of the said river.
It is ordered that Mr. Davenport, pastour of the church,
shall have his meddow & the vpiand for his second devission
both together, on the east side of the gi-eat river, where him-
selfe slmll choose, w*h all the conveniency the place can afford
for a farme, though by the naturall bownds of the place,
whether by creeks or otherwise, the vpiand or meddow prove
more tlien his proportion.
It is ordred that Captayne Turner shall have his meddow
6 vpiand of his second devission vpon the west side of the great
river, where himselfe shall choose for his best convejniencye,
that he may the better atend the publique 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
vpiand for their second devission, vpon the west side of the
great river where themselues shall judg most convejnient for
)yGoo»^lc
196 NEW HAVEN COLONY RECORDS.
farmes neere the towne, that tliey may the better atend their
office.
It is ordered that the small lotts in those 5 quarters before
named, ivho 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 tlie 2 miles, beyond the west
river, by lott. And that the rest of the plant's in the said 5
quarters shall have their meddow by lott, begining at the east
side of the necke, on the west side of the great river, and so
goe on in order to Mr. Batons 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 liis due pportion when he
Cometh to such a fai-me 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 farmo, shall have the vpland adjoynmge, 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 qiiar-
ter. And tiie rest, whose meddowes falls to the northwards of
Captayne Turners farme, shall have the vpland for their second
devission betwixt the great river and tlie Mill River, lying as
neare their meddow as may bee, w'h reffereuce to the former
grants, and their neighbours convejniencye.
Here foUowes the order wheriii the planters fell by lott in
the east meddowes.
1. Mrs, Higginsoji, 15. David Yale,
2. Mr. Atwater, 16. Mr. Fr. Brewster,
3. Mr. Pococke, 17. Jeremy Dixon,
4. Thomas Nash, 18. John Johnson,
5. Jasper Crayne, 19. Mr. Mayera,
6. Mr. Evance, 20. An elders lott,
7. John Ponderson, 21. Mr. Owen Roe,
8. Mr, Lucas, 22. Mi-. Dermer,
9. Thomas PugiU, 23. John Chapman,
10. Edw. Wigglesworth, 24. Mr. Pr. Newman,
11. Richard Peiy, 25. Mr. Malboii,
12. Mrs. Constable, 26. Mrs. Eldi-ed,
13. Ml-. Brunwin, 27. Mr. Sam: Eaton,
14. Mr. Marshall, 28. Mi-. Tench.
It is ordered that the other 4 quarters, namely, Mr. Lam-
bertons, the snbbm-bs, Mr. Gregsons & Mr. Powlers, shalhave
the vpland for their second devission beyond the 2 mile from
)yGoo»^lc
NEW HAVEN COLONY EEC0ED3. 197
the towne, on the west side of the harbour, takeiiig in all the
land to the seaward, -w'hin Newhaven hownds towards Milford,
and soe come rownd towards or vnto the land granted to the
small lotta of the other 5 quarters, till they ha^e their due
proportion, only Mr. Goodyeare shall have the vpland for his
second devission in a place wh he hath chosen for a farme be-
yond the west rocks, ^id Mr. Gregsou 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 soines they had formerly put in for their estates, namely
Ml'. Crayne to 480', Mr. Tuttle to 4601, & they agreed to pay
rates to the towne accordingly, both for time past & time to
come, & if they should remove, to sell only improvements, &
what vpland they want in their fii'st devission & in the necke,
hy 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 <fe Mr. Linge, vppon tlieir 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 fii'st put in, betwixt the great river & the MiU 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 <fe receiveing land for any want
in the first devission <fe necke as Mr. Crayne and Mr. Tuttle.
[119] {{ It was ordered that Mr. James sometime & elder in
the Bay, shall have Francis Pan-otte lott in the quarter called
Mr. Evance quaj-ter, and for his greater conveyniencye shall
have his meddow at the bottome of the necke.
It is ordred that Timothy Baldwins lott in Mr. Fowlei-s
quarter shalbe bought in by the towne & shall have 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 w^h their allotments, it is ordered,
tliat where the planters doe not fully agree among themselues
in deviding their lands, all devissions genneraUy, (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-
eral! men for p^aent necessitye or convejniencye, it is agreed &
ordered, that henceforward it be wholy laid & vsed for pasture
& dry cattle, and stinted according to each mans interest &
propriety, wherein 12 acres is to be reckoned for a horse, 6
)yGoo»^lc
198 NEW HAVEN COLONY KECORDa.
acres for an oxe, 3 for a si^re under 8 yeares 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 goYernof what cattle, & in
what right lie puts in, ynder the penaltye of Q^ a head each
weeke, any time lesse then a weeke reckoned & paid for as a
weeke. It is also ordered that the neoke be fenced from the
facmes above, and a strong gate made for carte & 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, life 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-
tion, & Boe i-elinquish 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 ai'e 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 ife.the said
meddow, it is ordered, that the treasurer out of the townes
stock shall pay for halfe the said fence yfh. alredy is or shalbe
made betwixt the vpland & such meddow, but the fence being
once made <fe paid for, according to this order, the severaU
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 propoi^
tions in the necke, they shall first pay to the treasurer their
proportion of the foresaid generall chardge as it shalbo 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, tliey shall each of them have 6 acres of vpland to
plant in for every single person, 8 acres for a man & his wife,
w'h 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 Davis to save him some chardge in
feneeing, and more is to bee layd out for others there so farr as
tiie 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 maybe convejnient for them to fence & improve, and
not prejudiciall to the towne, and Mr. Crayne & Mr. Tuttle
)yGoo»^lc
NEW HAVEN COLONY EECORDS. 199
3 & appojiited to veiw & settle it, and it is ordered
that all planters so admitted and holding land from the towne,
shall pay yearely towai'de puVilique chardges 2^ for each acre,
as other planters doe for the 2'' devission, & that the rates shal-
beginne from the last of October, 1645, & eo goe on by halfe
yearly payments, and if any of them, satisfyed w'h their trades,
or not likeing the place, or their allotment, shall refusse or neg-
lect to take vpp the land, yet every on admitted to he a planter
as before, sh^l pay 12^ a yeare to tho ti-oasui'er towards pub-
hque chardges.
Here followeth tlic names of those planters 'w'h 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 liliuik.]
[121] II For that some of considerable estates & tradeing doe
live in the towne & Irnve hitherto injoyed comfortable fruite
of civill administrations & chardges, themselues m the meaiie
time haveing small or noe i"ates, it is ordered that heuce for-
ward all such shalbe rated from time to time as this court
shall judge meote. 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, iit for a small plantar
tion, hath bin purchased of the Indians at the chardge of New-
haven, about 40 miles to the westward, towards Hudsons
River, vppon a motion made of some of Wethersfeild, it is
granted to them & their compaimy for a plantation, they repay-
ing what chardges have bin expended, w^h amount vnto
about 33', & joyning in one jurisdiction m Newhaven, vppon
certayne considerations then propownded, but since perfected,
in a fundamental agreement setled for this jurisdiction in
Octobt, 1643, as by that record more pertioulerly may appeare,
& vppon their desire that plantation is caUed Stamford.
Monunkatuck, formerly purchased & planted by Mr. Whit-
feild & his company, was also admitted into this jurisdiction,
vppon the same fundamental! agreement as Stamford, &
vppon their desire tliat 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
)yGoo»^lc
200 NEW HAVEN COLONY HECOEDS.
to Ml'. Bwayne & some others of Weatherafeild, they repaying
the chardge, w=h is betwixt 12 & 13', & ioyniiig in one juris-
diction w'h NewliaTen & the forenamed plantations, vppon the
same fiindamentall agreement setled in Octobf, 1643, w"h
they, duely considering, readjlye accepted.
Whereas severall yeares since a tryall was made of sethng
a confisderation or consociation betwixt the Massachusets &
Connecticott, but at time w'hoiit successe, vppon a late over-
ture w'h hopes 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 civiU peace
w'hin these 4 coUonyes may be the better secured, w*bout any
impeachment of sperituall priveledges. At their retnrne they
acquaynted both this court & the deputies for the jurisdiction
w'h the successe of tlie treatye, and the articles of confoedera-
tion, agreed & concluded vppon at Boston the lO"! of May,
1643, and after aproued & ratified by the generall court of
New Plimouth were read, & by generall consent confirmed,
and the Secretary was ordered to enter them as a recorde,
vppon all oocassions & in all perticulers to be duely observed in
future times, & vppon seijous consideration of the nature of
this trust it was ordered that the commissionfs for this juris-
diction be yeai'Iy chosen by the vote of all the free burgesses,
at the election court, and that they be furnished w'h a comis-
sion in tho name of the gennerall jurisdiction court yearly, for
manadging all affiijres belonging to the coUonyes thus com-
bined, in phrase or words agreed by the commissiono's.
It is ordered that uoe planter, inhabitant or sojourner, w*hin
0'' 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 advantadge, wthout expresse allowance or liberty,
to be granted & entred in & at some one of the montlily
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 tlie offence,
shall see cause to impose.
It is ordered that none lopp, fell, cutt downe, or caiise 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, wthout 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,)
)yGoo»^lc
NEW HAVEN COLONY RECORDS. 201
vndcr the penalty of looseing all his labour, aboiit eiicry such
tree, leaveing it wholy to the towne, & paying besides on
sliilling as a fine for each tree so cutt, but if he carry away the
tree or any part of itt w'hout leave, he sliall pay such further
fine as the court shall judge uieete.
And that none vnder the same penalties barke or cause to
be barked any ti-ees whether for tanning, dying or other vse,
w^hout order & appojntment of Serjeant Andrewes, Serjeant
Jeffrejes, Sarjent Munson & Corporall Wliithead, who are to
consider where the tann^s, dyers or others, may conveyniently
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, eldera & deacons,
shall henceforward liave the disposeing oC all howselotts not
yet granted, w'h the outward accomodations tberevnto apper-
tayning, to such person or persons as they shall judge meete
for the good of lie plantation, & that none be received as a
planter, ^ther by admission or purchase, without their consent
or allowance, & that noe planter or proprietor sell or let any
howse or land to any stranger or otlier not before a planter,
either by lease or otherwise, w'hout the approbation & consent
of those before mentioned & intrusted, & all bargaynes, ifec.
not agreeing w'b this order to be voide.
It is ordered that every male from 16 to 60 yeai'es of age
who shall dwell or sojourne w'hin this plantation, or any part
of the bownds & limitts of it for a month together, sbalbe &.
continew at all times compleatly furnished w'h armes, viz'' a
good serviceable gunne, a good sword, bandeleeres, a rest, all
to be allowed by the military oificers, one pownd of good gun
powder, fewer pownd of bullets, either fitted for his gunne or
pistoU bulletts, w'h fower faddome of match fit for service w^h
every match locke, & 4 or 5 good ffints 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 shalbe fownd defective & faulty;
each master or governour paying not only for himselfe, but for
all such as are vnder his chardge, for whome be should pro-
vide, & otliers to pay for themselues. It is further ordered
that the captayne, (besides occassionall & extraordynary
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,- that they may see & report that
every male &om 16 to 60 be furnished as before mentioned,
vnder the penalty of 40^ fine if he neglect to give order, & that
)yGoo»^lc
202 NEW HAVEN COLON? EBCOKDS.
the milifcai'y officers doe accordingly take the said veiw Tiider
the penalty of 40% to be levyed of them as the court yppon ex-
amination shall find cause, & that a due retume of all defects
be made to the captayue & by him or the elarke at his ap-
poyntment, vnder the penalty afforesaid, to the court, that the
iines may be duely gathered & that each of those veiw dayes
be so published & made knowne, that euei-y one may bring Iiis
compleate anues, powder, shott, (fee, as before exprest, to the
place & at the time appoynted, viider the penaltye of 10= fine
as if not furnished, the monthly court to judge of the diffei'-
enee of defects.
It is ordered that there be henceforwai'd six gennerall
traynings every yeare, via'', the first Munday hi Aprill, the
first Munday in May, the first Munday in Jiine, September,
October and November. But if any of these dayes proue
rayuye, so that the service cannot be carijed on to satisfaction,
it shalbe supplyed tlie next following second day w=h proues
feyre, 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 w'li the eheife
military officers, it shalbe cariyed on in some other fit season
as they shall appoynte ; on every of wch trayning dayes before
expressed, all & every of the males wthin, or belonging to this
plantation, from 16 to 60 yeares of age, not exempted by the
place or office they hold, or vppon some other respect dispensed
w'h by the genei-all court, shall diligently atend the militaiy
nurture & exercises, that they may leame the better to handle
& vse thetr armes, reddyly vnderstand & obey the words of
command, & be generally fitted for all military service as ooca-
ssion may reqaire. And whosoever shall totally absent on any
of those appoynted trayning dayes, 6r shall dept w*hout leave
befor the company breake vpp, or shall not be furnislied vr^h
compleat armes for traynings shall pay 5^ fine. And whoso-
ever shall come late after the second drume hatli left beat-
ing, his name being so returned, he shall pay one slnlliug fine,
But if any man come late, & shew not himselfe to the elarke
that he may enter liis appearance such a^ it is, it shalbe
ehardged as totall absence, and he shall pay accoi'dingly.
And for the incouradgment of military offtcers and company,
it is ordered and granted that aU the fines for absence & 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, &c, that tliey may set vpp marks to shoote at, or may
fm-nish themselnes for their military exercises, that the service
may be more comfortably carryed on, & yet, if there be cause,
)yGoo»^lc
NEW HAVEN COLONS' HECOEDS. 203
the court will give all just assistauce 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 & shooting of
peeces w'li buUelaor shott, & all other misdemeanours, a fine
to be paid to the towne by each oifendor according to the na-
ture of his fault, as the court vppon chardge & proofe shall
judge meete. But in all publique trayniags, 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 ai'mes, and be subject to all the former
orders & penalties.
WherM there are 4 seijents & 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 Grod, both every Lords day & on
other dayes ordynary & extraordinary, & be there at o' before
the second drnme hath left beatinge w'h tliere armes com-
pleate, there guns ready ehardged w'li a fit proportion of
match for match loots & flints ready fitted in their 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 peualtie of five shUKngs fine for neglect, of
defect of furniture, & one shilling fine for late comminge.
The sentinells also, & they that walke the rownd in their
course, shall dilligently atend their trust & duty, & shall have
theii- matches lighted dureing the time of meeteing, if the
serve wth matchlock peeces, vnder the penalty of 4^ fine ; and
tlie Serjeants duely to retui-ne 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 other estraordynary day of
sollemne worsliipp immediatly before, if they come to the lec-
ture, &Q.
All the former fines to be moderated as the court ae cause.
The court considering how necessary it is in times of peace
to jjrepai-e for warre, & accordingly to fit & trayne vp men by
degrees to all military service & skill, besides the geuerall
trayninga & certayne squadron traynings hereafter mentioned,
gave liberty and incouradgment to beginne an artilery com-
pany, (fe to add to it from time to time, such as out of the
trayned bands, or others being free & fit, shall offer them-
selnes therevnto. And it was graiited to the said company
that they may chuse their owne officers yearly & setle their
)yGoo»^lc
204 NEW HAVEN COLONY BEC0BD3.
owne orders, presenting both officei^ & orders from time to
time to tlie generall court for approbation & confirmation,
provided that tliey order their times of meeting & exercise
■w'h due respect to the occt^sions & convejniency of the towne,
and perticulerly that the traynings be not hindered. And it is
further granted that all such who ai'e admitted into the artil-
lery company, -while they atend & improve those meeteings
shalbe freed from the squadron traynin^ (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 inserted
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-
forwai-d, two squadrons joyne in one boddy, & that tlie 4 Ser-
jeants w*h their respective oorporalls exercise them thus
joyned in their coui-se, about a fortnight before each generall
trayninge, but on the last day of the weeke in the afternoone,
& whoaoever 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 yeai'e ordynaryly, leaveing extraordynary
cases, either of mildnes or sharpnes of weather or times of
danger to the goveruour & magistrates, who may remit or
continew tlie watch longer, or increase & order them as sea-
sons & occassions may require. But in the ordynary course,
the watch is eveiy 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 the watch while they stand in force,) &
of sis 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 w'h
approbation of the magistrates. But if by death, remove or
any other occassion, after the watches are setled in their
coxirse for the yeare, a breach be made, & bo cause of an alter-
ation, the captayne shall w'h all conveinieut speede, order &
setle them agayne, so as may mat/ 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
)yGoo»^lc
NEW HATBN COLONY BEC0RD8. 205
[124] wthout interruption {| or disorder, & in times of dan-
ger, whether from Indians or otliers, 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, tlie
farmes be free from watchings in the towne, provided they
keep a dilligent watch at y« farmes.
The present orders & penalties ai'e as folio wetti.
It is ordered that when Tppon any occassion an allai'um
shal hereafter be made w'hin tliie plantation, both tlie milKta^
ry officers & eveiy trayned souldier shall forthw'h repaire to
the meeting howse w'h their compleate armes & all furniture
for present service, & shall not spend time & hazard the pub-
lique eafty by attending then' owne private respects and affec-
tions, Tnder 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 disconery of Indians, or
others knowne or suspected to be enjmies, & cominge thith-
erward in a hostile manner. And when there shalbe cause to
send out any company of souldiers, either to keepe of danger
or eiiemjes, repaire or recover any losse, or in any just warre,
whether offensive or defensive, whosoever shalbe appoynted
& called to such service, whether officer or trayned souldiers,
by the govemour, magistrates, or others to whome trust and
power is commit-ted in such cases, he & tliey shall forthwith
attend the call, & goe vppon tlie service according to direction,
w*hout dispute or gaynsayuige. And whosoever shall refasse,
or by questions & scmples delay & hinder tlie service, or dis-
couradge others, shatbee proceeded a^'ajnst by imprisonment
& such further punishment as the nature of his contempt and
miscai'riadg shall require. And whosoever shall refusse his
boate or vessell, his tcEune 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 afterwards
made for the same, (Wh in like maimer shalbe observed to
the men sent forth,) shalbe so proceeded agajnst by the au-
thority settled in & for the plantacon as tliat 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'^h may grow, it
is ordered that whosoever shall shoote any bullet, huUetts, or
small shott in the towne, or w'hm a quarter of a mile of the
towne w^hout a sufficient & just call, Wh the montlily court
will judge, shall pay 5* fine for every such default, besides due
Batisfa.ction for what hurt or damadge may arise Wiereby.
)yGoo»^lc
206 NEW HAVEN COLONY EECOEDS.
It is ordered that -whosoever shall furnish any Indian
directly or indirectly either w'h any gnnne, 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 wliat name
or seize soever, or shall mend any gnnne for an Indian, w'lsout
expresse order from the goveniour or coinissioners for the col-
Jonye in wrightinge, shall pay either 5^ fine, or twenty for one,
according to the nature and importance of the offence as tlie
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 quartei^s severally or two or more of tliem
joyntly as they shall agree, should fence in such pax'cells of
arable or plantinge land as might best suite their occassions, &
ordered that in any such case, every planter, or whosoever
holds land w'liin such a eompasse see to be fenced, doe attend
the publique good in carrying on his part & proportion of such
fenceinge in due time, that his neighbo'^s receive noe damadge
through his default, nor may the innability, negligence or
stubbornenes of any one or more perticuler men hinder a
general! advantadge 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 tendreing each perticuler
planter that the publique receive noe damadge, & because in
some of the qxiarters there are lotts vacant, not yet disposed,
it is ordered that till they be filled, the quarters themselues
fence them or procure workmen to doe it, and the chardges
shalbe payed by the treasurer out of the townes etocke, both
for the present in setting vpp the just pportion of fence for
each such lott, & hereafter in repairing the same when there
shalbe cause, provided that the quarters in the w*h such lotts
are, beare 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 treastirer may keepe account of the chardg-es.
[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 tlieir helpe herein,
brother Andrewes and brother Mimson ai-e appoynted veiwers
for the towne, to see & certifie the treasurer how they find
such fences, whether sufficient or not. If defective they are
to j\idge of the worth w'h respect to that order, and the quar-
ry GoO»^ I C
NEW HAVEN COLONY RECORDS. 207
tera or workmen to receive payment or to make abatement
accordingly.
Aiid for that in such common inclosures, severall workmen
for their present ease are apt to malte slight fences, & fences
well made at first in time decay, AV^^h may bring much
damadge yppon them that plant, it is ordered that each quar-
ter or quai-ters bo joyning in a conmion feild, shall yearly ap-
poynt 2 committees or veiwers from among themselues, who
some one day in the first fuU weeke of every month shall
dilligently veiw & observe, & shall set marks vppon all such
fences or parts of fences as ai-e defective, & acquajnt the own-
ers, (or tlie quarters if it belong to some absent lott,) therew'h,
calling vppon them to get them forthw'h mended, remmem-
briug 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 tliey caim clearly prove that the
damadge, or part of it, came some otlier way, WliwUbe 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,i.ttie towne for the absent lotts to be
wholy freed from,i^all^eIi^%" 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 abatem' made to the treasiu-er according to the
defect, if the quarter cannot get them otherwise mended, their
veiwers afforesaid may presse men to doe it, and tlie treasurer,
out of the townes stocke shall pay for the worke. And for
that some of the veiwers yeai'ly appoynted may not know each
mans fence at first, in siicli case liiey are to acquajnt the
quarters, famjlies, or persons to whom any part of tlie said
fence belongeth, what day they intend their first veiw, that
euery one whome it concerneth may goe or send to shew their
fences, and to niarke them at both ends, that the veiwers may
know what belongeth to each absent lott, and what to each
present planter, and if any vppon due wai'ning 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 duely 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 w»hout a keeper, wheth-
er by day or by night, into any such inclosure, w'hout a joynt
consent & espresso agreement made by the quarter or quai--
)yGoo»^lc
208 NEW HAVEN COLONY
ters interessed, he shall pay 6"^ a head, one halfc to the towne,
and the other halfe to the hiformer vppon due proofe, & shall
besides pay the ful damadge where it shalbe due. If he put
them in w'h a keeper, he shall pay aU due damadge to the
partie, wh growes either by the vnrulynea of cattle, or through
the keepera neglect, only he may abate out of tlie wages of any
servant or hired man, or by other iust meaues require repara-
tion for what he payeth through theh- default & miscarriadge ;
and whosoever passeth through a gate, whether a common
gate or other gate leading into a common feild where come is
planted or sowen, & leavetli it open, or not well & sufficiently
shutt, he shall pay 5' fine, the one halfe to the towne, the
other halfe to the infonner vppon due proofe & shall besides
pay all damadge to the quarter or partie w'h shall come by
such miscariadge, parents or govemours answering for chil-
dren & servant, though it be after abated out of servants
wages, or otherwise as before expressed.
And for that the fences belonging to the towne ai'e gener-
ally weake & decaying more & more, & by the best & joynt
care of the owners & veiwers hardly now to be repaired &
majntajned strong & sufftcient to keepe out swine of all sorts,
and tliese small rivers are fownd noe fences agaynst swinne
Wh swimme over daylye, and by them much daniadg is don
every yeare, both in corne feilds & meddowes, manny com-
plajnts are made & much contention ariseth, to prevent all
w^h inconveiniencyes, (if it may bee,) it is thought commodi-
ous & neeessarie that the quartera or planters consider & joyiie
as they may to haunt, heard & keepe, their swine abroad at
sufficient distances from all corne feilds & meddowes belong-
[126j inge || to any planter, whether in tlie towno or at the
fannes. And it is concluded & ordered that what swine soever,
greater or smaller, shall after the 23"' March, 1645, be fownd
either vnyoaked or vnmnge 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 peny 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, vf^h
course & care to keepe swine at a distance may also prevent
much damadg & offence betwixt the English & the Indians,
w^h ariseth oft by our trespassinge vppon tlieir corne, & their
killing our swinne.
And for that it is fownd by experience that goates being left
carlesly either by the owners or keepers in fiie m^ket place,
streates or bigh-wayes in or about tlie towne, cUmb over, or
)yGoo»^lc
NEW HAVEN COLONY BBCOBDS. 209
some way get into mens howse lotts, orchards or gardens, &
in a short time by barlceing of trees or otherwise doe much
damadge note easily repayred, it is ordered, that whatever
goates are hereafter fownd w'hoiit a keeper in any place in or
neai'e about the towne, save w'hin the owners bowses or howse
lotts, the owner shall pay Q'^ a head for each s\ich default,
halfe to the towne & halfe to the informer vppon due proofe.
And if they or any of them be brought 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 head for the service, & the towne 3'^ a head for the
disorder. Besides w=h tlie owner shall pay full damages for
whateuer hurt they doe in any mans propriety whel^er 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 infoi-med 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 noate from most of the quarters now brought
in appeareth, desired that men would seasonably regulate &
moderate tliemselues, otherwise the coirrt, according to rules
of righteousnesse & prudence must provide for the publique
good.
It is ordered that the elay-pitts on the north side of the
towne, wh lye w^hin the iirst 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 & free. Only it is
granted to Mr, Davenport, that if he shall thinke 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 the clay-pitts, makeing a gate & hanging a
lock vppon it, the key to be still left at Goodman Coopers
howse, that vppon all oecassions 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,'Roe 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, Oraynes, that ho 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 conveiniency & incouradgment of him that shall keepe an
inne or ordynary for strangers, in the meane time, it is grant-
ed to W™ Andrewes who at present cai'rieth on that imploye-
ment, that bee may fence in twenty acres of vpland at the
27
)yGoo»^lc
210 NEW HAVEN COLONY RECORDS.
hitlier end of the plaiiies, adjoyuing to Mr. Francis Newmans
lott, to put in strangers horses as tliere slialbe occassion, pro-
■vided that if he eitlier dye or give over keepeing the inne the
said land shall iramedjatly goe to him that succeeds in that
imployment for the vse afforesaid, he makeing just allowance
towards the chai'dg in fenceing, if by the hire & benifit of
strangers horses, the said W"' Andrewes have not bin duely
satisfied in the intemn,
A foote bridge formerly made over the Mill River into the
Neeke 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 sufficient causeies to them both, be
Ibrthw'h made & kept in I'epaire from time to time at the
publique chardge, when private ingadgements are out.
[127] II And it is further ordered that after tliose two
bridges are finished w'h the first convenienoye a cart bridge
be also made over the East River, only it is reffeiTed to farther
consideracon whether the towne will beai'e the whole chardge
of such a bridg, or only disbiu'se 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 fall & sole liberty & profit of all fish
wh by weares or otherwise may be taken at the said bridge.
For the better trayning vpp of youth in this towne, that
through Gods blessinge they may be fitted for publique ser-
vice hereafter, either in church or comonweale, it is ordered,
that a free sohoole be sett vpp, & the magistrates w'h the
teaching elders are intreated to consider what rules & orders
are meete to be observed & what allowance may be convenient
for tlae sehoolema''B care <fe pajnes, w^h shalbe paid out of the
townes stocke. According to w=h order, 20^ a yeare was paid
to Mr. Ezekiell Cheevers, the present schoolemai^ for 2 or 3
yeares at first, but that not proueing a competent maintenance,
in August, 1644, it was inlardged to 30' a yeare & soe contiu-
eweth.
A proposition made to the commission's at Hartford, A"
1644, by Mr. Sheppard, pastour of the church at Cambridge
in 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
begiinne, that children, (to what collony soeuer they belong,)
being fit for leai'ning, but tlieir parents not able to beare the
whole chardge, might the better be trayned vpp for publique
service, was considered and fully approued, and Mr, Atwater
)yGoo»^lc
NEW HAVEN COLONY BECOftDS. 211
& Goodman Davies were intreated for that first yeare to
receive and collect it, that it may be sent accordingly.
Whereas the geiuierall court for this jurisdiction judging
tlie season now fit, did see cause to joyne wth Connecticott* m
sending to pi'ocure a pattent from the Paiiiment for these
parts, and for that purposse desired Mr. Gregsou to vndertake
the voiadge & huisines, & agreed to famish him w'h 200' out
of this jurisdietio ia good marchantahle beaver, of wh 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
tei-mes as he may, & it shalbe repaid out of tlie townes treasu-
rie,.w'h what allowance or consideration he shall agree for.
Iriiat commerce may the better be carryed on betwixt man
& man in these pts where monny is scarce, it is ordered that
Spanish monny, called peeces of eight shall passe here as tliey
doe in some otlier parts of the country, at 5* apeece. Aaid
that Indian wompom shall passe, the white at 6 a penny, and
the blaoke 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 blacke shall be accounted cur-
rant pay, only if any question arise about the goodnes of the
wampo, whether white or blacke, Mr. Goodyeare, if the parties
repaire vnto him, is intreated to judge therin.
That righteousnes & peace may be preserved, it is ordered
that whosoever shall take any mans boate or eannow w'hout
due leave shall pay 20= fine, & whosoever shall take any mans
oares or padle, hand cai't, wheele barrow, or any thing of like
nature w'hout duo leave, shall pay 5^ fine, w'h what further
damadge in any of the cases the owner may susteyne by such
an injurious practisse.
And for that divers caimowes, some made by the English,
some bought of the Indians, are altogether vnfit for the service
to w^h they are vsually putt, & may prove dangerous to the
lives of men, Mr. Crayne & Leiutennant Seely are by this
court appoynted viewers, & are intreated forthwith, & soe
from time to time hereafter, to veiw & seriously to eosider of
aU the cannoes belonging to the Enghsh about this towne,
(the owners bringing aU &, and every of the said cannowes to
* This was in I6«, however in tlie records of Conueeljcnt tJiei-e is no mention made
nbont joining mtli Now Haven to pvocure a Patent, but May 13, 16«, the governor,
the deputy goromor, Mr. ]?euwick, Mr. Whiting Biid Mr. Welles were desired to
"agitate the bnsiues oonoemingthe enlardgment of the liberties of the patent for this
jucisdiotion,"flndJnly9,lS45,Mr.Fsnwick was desired logo to England to endeayor
the enlargement of pateat and to further other advantages for tlie country. 'Irumh.
Col. Eeo. Conn. I. 12fl, 128. Mr. Fenwiok did not go, and Mr. Gregsou was lo^it on
the voyage, in tlie fiimoiis phantom sliii).
,Gooi^lc
212 NEW HAVEN COLONY
Biich 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 caunowe vflx tliey shall approve & judg
meete for service, and whosoever shaU henceforward hire out,
lend or vse any cannowe not soe marked, for or in any passadg
by watter, sh^l pay 20^ fine for every such default, besides
what further damadge may grow thereby,
[128] 11 "Whereas much damadge & wast often growes by iire,
& 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 inonthes 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 tliat is two
storyes higher vpward, & 2'' a time for aweepeing every chim-
ney vnder two storyes high, to be duely paid by all them that
consent & agree that he shall sweepe their chimnejes, but if
any will doe it themselnes 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 fuU 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 cliimuey vnswept or ill
swept & so not kept cleane according to this order, he is ap-
poynted to sweepe every such chimney well & to have double
pay for his worke, & if any refusse, vppon complajnte, the
montlily court to proceede as they judge meete for a contempt.
And if Goodm" Cooijer 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 furtlier that every howse w'hin this plantation
shall have & contjnually keepe & mayntaiue a ladder of a con-
veinient height answering his howse, standing ready vpon all
oeoassions to prevent or atop the hurt w«h may growe by fire
either kmdling or breaking out in any ciiimney or other vpper
pt of the howse vnder the penalty of 5« fine to be paid to the
towne ypon euery view or due complainte of his neglect &
default therin.
It is further ordred that fire hooka shalbe made at the chai-dg
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 bume leatica, straw, stalks
)yGoo»^lc
NEW HAVEN COLONY RECORDS. 213
of conie, or any kind of rubbish whatsoever, he shall pay 40"
fine to the towne for eueiy such default, notw'hstanding any
exciise he can make of his care & attendance, the standing of
the wiiide, or cahnnes of the season.
Whereas the frameing & aetling of orders for regulating the
affiiires 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 p^tend ignor-
ance in any order that conceme him, it is ordered that when
a generall court, vpon any occassioa shalbe summoned, who-
soever makes not his due apeai-ance, 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,
IQfi fine. And after the names are read, whosoever shall de-
part wthout leave, while the court sits, shall pay the same fine,
whether member of the court or other planter, as for late
comming or totall 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 soe oft as any publique oecassion shall
require, whether for the miU or any bridge, eawsey, building,
fence, highwayes, or other worke Wh is of publique concerne-
ment, or to be done vpon the publique chardge, in every or
any such case, the governo' or magistrates may on a trayning
day send to tlie captayue for soe many fit men as tlie worke
requires, or if the service fall, or may he well respited to
another time when their is noe trayning, and that fit men on
reasonable teannes cannot be had otherwise, the governour or
magistrates may put forth an act of authority, & for thef pub-
lique good presse men for the worke vppon just pay, & in every
such case all private contracts & ingadgemts shalbe suspended
till the publique service be pformed, & y" return to y full
force as if y" p'esse had not bui.
[129] Ij Whereas a considerable part of righteousnos betwixt
buyer & seller consisteth in kuowne, certayne & just weights
& measures, and whereas a halfe bushell measure for a stand-
ai-t, (accoi'ding to the agreement of the commissioners for tlie
vnited collonyes,) is poured & brought from the Bay, it is
ordered that aU come measures be exactly fitted & conformed
therevnto, and Richard Miles, W"" Davies & Nicholas Elsy are
intrusted <fe appojnted to veiw & try all measures vsed in buy-
ing & selling come by any of the plantei's, farmers, sojourn-
ers, or others belonging to this towne &, to fit them to the fore-
mentioned standart, & then to markc them w'h the townes
burnt marke isH . And for every bushell w"h they so fit &
,yGooq)c
214 NEW HAVEN COLONY RECORDS.
marke, they are to have 4'^ of him to whome it t
apeece, for every iialfe bushell, pccke & halfe pecke, & 2^ for
every bushell W^h they only marke & finding it fit doe not
cut it.
It is ordred atso that a standart be fitted for all waighta &
otlier measures as ell, yard, quart, pinte & halfe piute. And
Bichard Miles, Joshua Atwater & Nicholas Elsy are appoynted
to inquire for just standarts, agreeing as ueare 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 standeirts. And the treasurer is to
allow them for their time in this sei-vice out of tlie townes
stocke, & if any planter, feinner, sojourner or otlier, wthin the
limits of this plantation, shall buy or sell by any otlier then
such tiyed & allowed measures & weights, lie or they shalbe
punished as the montlily court, w'h respect to the nature A
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 & esersised in the vse of them,
but no man herby to be freed from providing & at all times
continueing furnished w'h all other armes, powder & ahott, as
hefore expressed, & that a chest be made in some conveinient
place in the meeting bowse, to keepe the said piks from warp-
ing or otlier hurt or decayes. And Thomas Munson and the
rest of the serjeante vndertooke to have it done w'hout delay,
and Mr. Peirce wa.s appoynted to give out and lay vpp the
piks from time to time, tliat they receive noe damadge be-
twixt times of service, & in consideration hereof & of some
bodjiy weaknes, he is at present freed fi'om traynings and
allowed to provide a man to watch for him.
It is ordered that when canvas & cotten woole may conven-
iently be had, due notice & wai'ninge shalbe given, & then
every famyly w'liin the plantation shall accordingly provide,
& after continew furnished w'h a coate well made & soe quilt-
ed w'h cotten woole as may be fit for service, <fe a comfortable
defence agajnst Indian arrowes, and the taylcs about the
towne shall consider & advise how to make tliem, & take care
that they be done w'hout vnnecessary delay. And whosoever
shall transgresse tliis order shalbe fined to the towne as the
monthly court shall judge meete.
It is ordered that the mai'kett place be forthwith cleared &
the wood carryed to the watcb-howse & their pyled for the vse
& succour of the watcli in cold weather, and the care of this
buisines is committed to the fower Serjeants.
It is ordered that whosoever findeth any thing lost wh is of
)yGoo»^lc
NEW HAVEN COLONY EECORDS. 215
valiew & fit to be restored to tlie owner, shall w*hiii S dayes
deliver it to the marshall who shall safly keepe the thing, but
w'hall shall write it downe in some paper booke w'h the name
of the person from whom & the time when it came to his
hands, & shall cry it twice onn the lecture dayes foUowinge.
And, if their because, a third time on a faire day, when the
greatest concourse of people may be present & heare it. And
file marshall shall hare & receive from the owner, a penny a
time for soe crying it. And he shall also wiite downe who
challeiigeth & receivetli it. If it be a liveing creature of any
kinde, the marshall shall have notice <& shall cry & be paid as
before, but he tliat iindes it or w'h whose cattle of any kinde
it falls in may keepe & feede it, that it be preseiTed, & the
owner shall pay all just chardges for it. But if any man omit,
neglect or refuse the scope & intent of this order, the monthly
court shall proceede agaynst him as the fault reqiureth.
[130] II Whereas divers hides have bin spoyled or much hurt
by ill tanninge to the prejudice both of the owner & of him
that shall wearo or vse them, at first, (as hath bin alleadged,)
for want of knowledge & experience of the natui-e of the barke
or tanne of this countiy, but that beinge now so sutficiently
knowen that every man that vudertakes or setts vp that im-
ployment may seasonably infonne bimselfe, & therby prevent
damadge both to himselfe & others. It is ordered that each
tanner shall hereafter justly & fully aUow & pay for all de-
fects & miscarriadges in his t^nneing, according to the damadge
proved, as in other trespasses w'h all diie chardges if it come
to publique tryall.
It is ordered that Mr. Oi'aine, Mr. Peirce, John Clarke &
Henry Lindoll shall veiwe the meddowes called the Beaver
ponds, & make report to the govemoiir & the rest of the
monthly court what they conceive concerning them, who vpon
returns &. reporte, shall liave jrawer to dispose & proportion
the said meddow as they judge meete, to siich planters as
being freely remitted into small lotts have hitherto had noe
meddow granted by the towne, & to setle rates for them to
pay according to each mans different proportion of meddow,
& that w*h respect to time past & time to come, w^h grant
& oi'der the planters afforesaid accepted, promiseing to pay
rates accordingly, only if vppon tryall they find they cannot
conveniently improve the said meddowes, they would forthwith
returne tliem backe to be otherwise disposed liy 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,
)yGoo»^lc
216 NEW IIAYEN COLONY RECOEDa.
of all alienations, conveyances & assurances of what kind
soever, whether of howaes 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 eleare the
agreement & bargaine, but noe entry to be made but by ex-
presse order of court, & every such entiy to bee accounted
good agaynst according to the intent &, nature of it, agajnst
any former promise, covennaiit, bai-gaine, 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 betwist them, or one of them as they have
agi-eed, shall pay downe to the treasurer for the townes ac-
count, two shillings for the same.
To suppresse vnnecessary contentions pai-tly, & partly to
ease publique chardges, it is ordered tliat each magistrate
w'hin this plantation shall keepe a book of eveiy 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 treasui'er for the townes vse, three shillings &,
fower 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 montlily court for
transgressing any order of the generail court, & fownd an
offendor, or being warned for fines or rates after they should
have bin payd by the generail courts order, the same haveing
bin first privatly demanded by the treasurer, mfshall, 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 requireth,
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
)yGoo»^lc
NEW HAVEN COLONY EEC0RD9. 217
chardges, w^h was accordingly done, the rent from severall
psona amounting to atout tenn pownds a yeare.
Uppon a due consideration of the trouble & hinderance w«h
sundry, both of this towne & other plaatations find & vndergoe
in getting over the East River, over wch as yet there there is
noe bridge, it is thought meete & ordered that a ferry be forth-
with setled, and as it may be continued for the ease of such as
have occaasion 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, w'h
as much convenieney as may bee, be lajd out for the ferryman
rent free, so long as this court shall judge meete, wth an
abatement of rent, or some further allowance, (as the magis-
trates and deputies shall see cause,) to Mr. Bnuiwing, who
from the towne according to the foi-mer 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
earrjeth or recarieth over the said river at the ferry place, two
pence a time, if there be not aboue 3 passengers, If aboue 8:
& not aboue 6, he may take three half pence a pei'son. 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 tliis 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 es-
cepted,) he shall pay to the ferryman a peimy a |Json tor evei^
one so transported, but the farmers on the east side are left
free, either to vse their owne cannowes or boats, or to agree
wth tlie ferryman as tliey can when they have neede. And
Francis Browne vppon the considerations before expressed,
accepted the service vppon ti-yall, and became ferryman for
a yeare from the 16"" of June, 1645. And after that either
to continew or desist as the court and he shall see cause, and
his man being lame & so not able to carry on the service at aU
times, he is left to his liberty to come to the generall traynings
as the occassions of tlie ferry wiU permitt.
Vppon the consideration of the hurt jfe mischeife w^h is like
to arise & increase by woolues & foxes seizeing vppon sheepe,
goates, swine and the smaller & weaker soi-t of great cattle, it
was formerly ordered that 15' should be paid by the treasurer
to eveiy one that brings a woolfes head & 2^ G^^ for every fox
)yGoo»^lc
218 NEW HAYEN COLONY EECOEDS.
head, but vppoii a further debate, December the 8">, 1645, the
com't being informed that rioe man attends this service as his
imployment & busines, but improves oppertunitie as he findes
it oceassionally, ordered that the treasurer henceforward pay
only two pownd of powder & 4' of bullets or shott, or the val-
lew theraof for every wolues head & one shilling for every old
fox head, A sixe pence for every younge one, to such of this
plantation as w'hin Newhaven limits kill & soe bring them.
It was granted to Mr. Lambertou that he might talte in a
peice of grownd for a yard to his cellar by the west creeke, but
the quantity & limits to be ordered by those that are intrusted
to adraitt 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 & thb yard thus granted to whom & when
tlie court shall appoynte, and at reasonable price & vppon a
ri32] fm'ther proposition & request made since by || Mr.
Lamberton, the magistrates & deputies w'lt Mr. Oraine &
Leiutennant Seely were desired to veiw a peece of grownd
neare Mr. Lambertons howse, vppon the side of the East
creeke for a wharfe & warehowse, & if tliey judge it conven-
ient, they 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 other tearmes as they shall
conceive tend to the pubUque good.
Wm Pecke, haveing but halfe a small lott for a howselott,
& therby much Eti-eigbtned, desired an addition of twenty
rodd of grownd over against his howse by the creeke for their
further conveniency, wch on this condition was granted, that
if the towne se cause at any time hereafter, for publique vse
or respects to reasume it vppon allowance of such chardges as
shall tlien bee judged meete, he shall resigne it,
"To prevent much shi & inconvenieucie w"h may grow by
disorderly meeteings & drinkeings, it is ordered that none of
or belonging to this plantation shall either directly or indi-
rectly w'hin their bowses, cellers or other places, sell or
deliver out any sort of wine or strong licqiiors by retayle,
namely by pottles, quarts, pintes or the like, without expresse
lisence from this court, vnder such penalty & line as the
monthly court, vppon due consideration of the miscarriadge
or contempt shall see cause to impose. And at present, W™
Ajidrewes and Georg Walker are allowed to drawe & sell by
retayle, but w'h advice & order that they be carfuU & circum-
spect to whom & what quantities they either deliver out or
suffer to be drunek in their howses, or any place where they
)yGoo»^lc
NBW HAVGN COLONY EEC0ED9. 219
draw or liave command, that disorder may be either prevented
or observed & punished.
Mr. Trowbridge his howse for want of due & timely repaire
falling more & more into decay, tlie court thought fit, for the
advantadge of the creditor's as shalbe liereafter ordered by tlie
court of magistrates, to sell it to Mi-. Evanee vppon such con-
siderations as are expressed in a wrighteing & agreement about
it, but herevppon Sir. Evanee propownded and desired the.
court to grant him the cellar formerly belonginge to Mr.
Trowbridge before his howse lott, but not w'hin the compass
of it, w'h aome small inlardgement to b\iild a ware howse
vppon, which was granted, provided tliat in tlic whole it ex-
ceede not twenty foote square. ..¥....
,yGooq)c
,Gooi^lc
1645] NEW HAVEN COLONY RECORDS. 221
[133] Av A Genbeall Couet held ait Nbwhaven 'jiib
16" March 1645.
The last geiierall court held Febraary 23"i was now read
& coufirmed, only in that order about Thomas Fugilla second
devission, it was neither granted nor propounded that Mr,
Gibbard should consider of any exchange of land or other
course for such oYOrplus as should be fownd taken in by him
vnrighteously ; this was looked vpon as a miscarriadge &
vniaithfalnes in his place, that w'hout warrant he sliould
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 eovirts order,
surveyed the land fenced in by 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 tlie
center of the towne, yet so that f parts of an acre, or 60
rods of tlie land inclosed, is w'hin that distance, w*h is
expresely contrary to order, as it was granted and should
have bin entred ; but by survey it appears that instead of 24
acres, his full proportion for that second devission, he hath
taken in 52 acres & IS rodd. Being asked what warrant or
grownd he had so don, he confest his fault in fenceing it in
witiiout a surveyor, & Ms sinfull miscarriadge in takeing in a
quantity soe farr above his proportion, but by way of excusse
alleadged, that liis grant being for cleare land, it would have
bin very chardgable had he not cai'iyed 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, Wh he should not have
done, & hath taken in neare 24 acres of wooddy & hilly land ;
wh if it had eased him in fenceing, w*hout a grant from the
court he ought not to have don ; but by the plott it appeareth
he might have taken in 24 acres w'h 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 ho
vnderstood that some of the church and probably some of the
)yGoo»^lc
222 NEW HAVEN COLONY RECORDS. [1645
townc, wore offended at tins bis "viijust coiirse, 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
oppertunitie.
This being considered was fownd and judged a publique
vnrighteousnes, & so a publique offence & scandall, weh may
not passe Whoiit dtie censure, It was remem- remembred that
when Thomas Robinson, on6 that is noe planter, for remove-
ing some land marks in an viirighteous way for his present
advantadge in the gi'ass then to be cutt, though he could not
hold nor get the inherritance, had bin latiy 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 t]ien for New-
haven montlily court, and onn the townes bebalfe 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 paiM; lying
w^bin 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 cleare grownd by the west rocke, pro-
vided it were not w'^hin the 2 mile nor granted to any other,
& by sundry m court it was remmembred that he was bownded
& hmitted w'hin 2 rivers; but in his booke of noates then
taken in court, lie 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, he keepes two other books, whcrof the lat-
ter is to be 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] IJFor Mr. Cheevers & Mr. Wackman heareinge of his
vnrjghteous inclosure desired to se how tlie grant was penned,
)yGoo»^lc
1645] NEW HAVEN COLONY EECORDS 223
Mr, Cheevers read it in Mr, Wackniaiib &, Thoma'i Pu^ills
hearing ; he is assured & knoweth that at tliat time the oider
ended w'h these words, or as mucli of it as lie deques Mr.
Waekman. eonceiveth that clause, (accoiding to his pportiou,)
was not then iu the booke, they both affitme that vpon that
grownd, Mr. CheeVs tould Thomas IVgiU that the ordei was
vnliinitted & not easily transgressed & 'eemed to marvayle
men should speake of his takeing m too m\ich land, but
added, yo" meane accorduig to yo'' proportion, Thomas Fugill
closed, both that that was lus meaninge, (yet said not it was
soe entred or written,) and that men would be talkeinge. Mr.
Cheeyers, when they were gon from Thomas Fugills howse,
repeated the order to Mr. "Waekman, & presently after wrott
it downe, according to w^h he reported to Leiutennant Seely
how it was entred, who confidentlye replyed tliat the entry soe
made was a falce entry, Tliis soone came vnto Tho™ FngiUs
knowledge, but when the book came after to be veiwed, the
line affording i-oome, these words were added, (according to
his proportion,) but w'h other pen & iiike, a lesse character &
CTOoked, as w'h a trembling hand. The booke vppon occassion
being brought & left w'h the govemo'', Mr, Cheevers observed
& was offended at this alteration, and at a meeteing w'h
Thomas Fugill before the governour & elders, questioned him
about it ; Thomas Fugill begininge to justilie himselfe, the
governour, to prevent further rashnesse and sinfnll 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 pai-t of the order w'h
other pen & uicke, & w'h a diiferent character, notw'hstanding
w=h, Thomas Fugill boldly replied, tliat if tlie goveno'' would
give it, he would presently take oath they were written at one
& the same time w*!i the rest, but the booke being brought out,
the difference was so appai'cnt that Thomas Fugill was forced to
cliang 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 Wh this record was coppied,
and therein also, (tlie line atfording roome,) the same words
seemed to be added, the difference in writinge, (though not soe
)yGoo»^lc
224 NEW HAVEN COLONY RECORDS. [1^*^
much as in the great hooke,) was cleare & evident, wh miscar-
riadge of his gave offence to all present ; but this second booke,
being by tlie governour & elders shice veiwed,tliey sevei'al]y,but
each of them strouly, 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
Pugill being questioned, againe & againe dcnieth it.
The governour informed the court, that, being offended at
the former recited passadges, the nest time Thomas Fugill
came vnto him he wai-ned him in private of his bold & sinfuU
"way of protestations & offering to talie oath, as if by confident
contradictions he would drive men from the truth tliey knew,
and besides the former passadge, instanced in a case betweene
Thomas FugUl & old Goodman Wilmott, minding them of
tliat rule, let your commiinication be yea, yea, nay, nay,
oathes even in certayne truthes are not lawfull tiU they be
necessary and duely called for. Profane men indead in other
places who litle attend truth, tliinke they must swere that they
may be beleived, and in his case, it would be noe other then
a liigh breach of the 3^ conunandement, Thomas Fugill justi-
fied his offereing to take oatli to Goodman Wilmott in regard
of the truth in qiiestion betwixt them ; and for the former
passadge about addeing tlie words in the great booke, at first
said he offered to take oath it was not done since Mr. Oheevers
read the order, but being minded of the former perticulers, he
[135] seemed convinced & acknowledged [(it was his sinfull
rasbnesse, yet in court began againe to turne & winde, & so to
evade the governors testimony, but gave noe satisfaction.
The premises being duely considered, some of the members
of the court & towne propownded whether it were not requi-
site & necessary to choose another secretarie, who might more
MthfuUy enter & keepe the townes records. The secretarie
confessed his vnfitnesse for the place by reason of a low voyee,
a dull eare & slow apprehensions. He was answered the the
court had longe talien notice of sundry miscarriadges through
weaknesse o' neglect, yet in tender respect to liimselfe & his
famylie, tliey had continued him in the place, (though w'h.
trouble to others,) a review of orders, before those offenses
)yGoo»^lc
1645] NKW HAVEN COLONY REC0ED8. 22o
brake out, being vppoii tliat consideration thought necessarie
& ordred. But vppon this discouery of vufaithfulnesse &
falsyfying of orders & records, they were called to lay aside
those private respects, for the publik 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 ehoyse so suddenly, Mr. Francis Newman, Mi'. Richard
Pery & brotlier 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, tliat this
court may have a tryall of their severall abilities, & in due
season may, w*h better satisfaction to themsehies, proceede to
a new elexion.
But notwithstanding all the former discoveries & proceed-
ings, Thomas Pugill in the close of the day being called to
read his noats about those first passadges, his entiy about the
secretaries office runs thus, (It was propownded whether the
coiu't wiU chuse another secretarie, because Thomas Fugill
hath bin defective in his place, it was agi-eed that a new one
be chosen,) Wh being so directly contrary to the expressions,
carriadge & conclussion of the court, gave further olience.
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 yeare as the magistrats
are.
Mr. Browning, Mr. Ling, W"' Payne, Thomas Knowcls,
Jn" Hall & Mr. James, vppo" their request & their occassions
being knowne to the court, had leave for to depart the court.
It was propownded that the free gift of eorne to the col-
ledge might be continued as it was the last yeare & it was
granted,
Mr. Atwatcr, the presejit treasurer, informed the court that
he had sent from Conuecticott fortie bushells of wheat lor the
colledge by Goodm" Codman for the last yeares gift of New-
haven, although he had not received soe much.
Brother Abraham Bell & brother Mathew Oamfoild were
chosen coUectCs for this present yeare for the gift of corne lo
)yGoo»^lc
226 NEW HAVEN COLONY llECOEDS. [1645
the colledge, and wompom was allowed to be paid by those
that had not come to pay in, each pecke of come being val-
lued 12'J & 2 0'' 3 monthcs time was allowed for men to bring
it ill to the collectors in.
It was propownded that Edw : Chipfeild might have libertie
to make bricks in the playnes vnder the West Rocke Jb Wh
their is a good highway, which waa allowed off.
[136] IJThe court was informed that sundry swine had bin
killed by the Indians dogge, and vppon the demand of dam-
adges they promised to kill their doggs, & have brought the
heads of 7 C 8, & hervppon desired that if the English swine
doe trespasse tliem they may also be satisfied for the same, oi"
rather pfyent their swine fro™ trespassing them. Leiut Seeiy
herevppon informed the court that the Sagamore told him he
durst not acquayiit him who had mischeivous dogs yet alive,
because they would poyaon him. Leiut Seely was herevppon
requested to leame the names of such as the Sagamore feared
& had doggs left & returne y" to the governour.
It was propownded (that seing we have a miller that gives
content to the towne,) that we might have a loader alsoe. 20'
a yeai'e was offied by Oapt. Malbon to any that would vnder-
take it, & lie would find them w'h two horses & keepe them
w^h meate, only he should tend them, Or els he would allow
401 a yeare & y= loader should find 2 horses w'h meate aU the
yeai'e, & he fui'ther said if any man would yndertake the for-
mer worke, he would carrie the towne come to mill for 1^^
¥' bushell. This was refferi'ed to consideration.
Whereas at the last gennerall court it was propownded that
a bridge might be made over Newhaven Eiver going to Conn-
ecticott, viewers were chos", & vppou view have fownd a con-
yeynient place, aboue a mile & halfe above the old passadge.
Ero. Andrewes & bro. Munaon require 4' 10^ for the carpen-
ters worke & cariiadge, & they thought 20^ might serve for to
fit the banks forpassadge. John Thomas promised to helpe doe
that, & as soone as possibly may bee.
It was ordered it should be don, & that a survoyo'' looke onn
it & lay out a way from the place, that the farmcs might not
5l by passengers that goe & come tliat way.
)yGoo»^lc
1645] NEW HAVEN COLONS RGCOBDH. 227
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 gennorall court that men & weomeii
should be seated in the meetiughowse, therfore it was pro-
pownded that all the seats be finished for fearc of want of
roome & to avoyd offence.
It was formerly ordred & now againe spoken to, that euery
one turne their swine & otlier cattle the same way their laiid
lyeth.
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 goe 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
Koeke or beyond it, that it should be viewed, & himselfe was
intreated to goe & shew the place he intended, that it might
be knowne whether it will answere the end or noe.
Complaynts being made of some mens putting their calves
in the spring & fall into the meddowes to tlie prejudice of
them, it was thou^it to be a transgression, but refferred to
private consideration.
[137] II Bro : W"" Tliompson complayninge of damadge don to
his '[meddowes'] for want of his neighbours feneeinge, & a
peece of wast grownd lying wthout him of ^ an acre, he
desired it might be granted him ; bro : Myles & bro : Hen :
LyndoU were desired to view it & to returne their thoughts
to the court concerninge it, so that if the land exccede not
the quantity mentiond, he might have it if it prove not to
e of the towne or the prejudice of the highway.
Bro : Wackmaii & bro : Cheevers were chosen deputies for
the jurisdiction court in Aprill next.
)yGoo»^lc
228 NEW HAVEN COLONY KECOBDS. [1645
It was ordred that Leiut. Seely should have 6 acrs of med-
dow added to his ^portion & next to tlie 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
ye are.
Tho'" Nash & Eic'' Pery, for Mr. Batons & Mr. Davenports
quarter; Jno. Cooper & Clu-istopher Todd for Mr. Newman &
Mr. Brownings qnarte ; Jno Ponderson & Tho"' James for Mr.
Evance quarter; Jerimy Whitnell & serj* Jn" Nash for Mr.
Gregsons quarter ; Hen : LmdoU & Hoger Allen for Mr. Lam-
bertons quarter; Jn" Mosse & Jn" Walker for the Oyster shell
feild; Jn" Clarke & Corp' Whithead for tho suburbs qu'ter;
William Bradley & John Thompson for the farmes.
It was ordered that the perticuler court & cheife militaiy
officers should consider whether it be meete for watclunen to
sleepe that are on the guard or noe, also whether lesse then
seaven may not be sufficient to watch in one night.
It was propownded by captayne Malbon, that if a con-
veynient companny of the trayne band would of themselues be
willinge to bi-ing their armes and attend the senrice on the
Lords dayes & Lecture dayes, & the lik vnder a penaltie, ap-
poynting sentinells in their course from amongst th™selues,
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 tlie towne that bring not their armew couMtantly,
It was ordered that tlie way to the oxe pasture be where it
is now layd out, although 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 lyetli behind the Yorkshire qiiar-
ter for y^ small lotts.
It was propownded whether aiiy should watch in the towne
whose dwellings were a mile out of the towne, also whether
those that had noe howses 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 tliat his sec-
)yGoo»^lc
164(i] NEW HAVEN COLONY RECORDS. 229
Olid devizioii might be laid out, tliis was refen-ed to considera-
tion.
[Next un page 138 foliow th^
names of sundry pei'soiis
je oath of fidelity, which hav
e bcoD (ilreiidy printed
olume, and then succeeds an ei
itire blank page.]
[138, bis.'] lA Court hoUen Apnl 7*", 1646.]
A difference betwixt some of Guilford, for whom Mr. John
Caffinch stood plaintiife, & Blias Parkman of Windsor, for
whpm bro: Jn° Benham stood defendant, was pfsented to the
court, but testimony not being p''sent for eitlier side it was
Bro: Tho" Beamont hath sold his homelott lyeing next
vnto Eobert Pigg by allowance of the court vnto the said
Robert Pigg.
Samuoli Marsh being complayned of for absence & late
commiug to traynings, Mr. Crayne gave some answere for him,
but it was respited till he doe appeai'C to answere for himselfe,
Thomas Tobie, Robert Vsher, W™ Andrewos, W"! Fancye
& Theophilus Higginson were complayned off for disorderly
drinking strong licqxiors to the abuse of some of them, so farr
as that they lost the vse of their senses.
Tlio"' Tobie said that it was true he fasting & watching y«
day & uiglit afore & not being acquaynted w'h 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 bedd by two, w=h he
desireth to owne as his sinne & shame.
Eobert Vsher acknowledged he dranke soe much as that
going into the ayrc it wrought soe on him that he had not the
ordring of his tongue nor fcete.
Win 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, liowen'' submits to y^ court.
Wm Andrewes junio'' confessed he was as a meanes &
oceassion of this, w^h he desireth to owne as Ms sin, but he
intended only refreshing them.
)yGoo»^lc
230 NEW HAVEN COLONY BECOEDS. [1M6
Theophilus Higgiiiaou. said he dranck three times, but lie
not loveing of it tooke but litle.
For w^h disorder of all & distemper of some, they were all
fined, viz'' Tho'" Tobie, Robert Ysher & "W™ Andrewea jiuuo''
20* each of them, W™ Fancy 10' & Theophilus Higginson 5=.
Oorporall Leavermore being complayned of for his maiis
defect in want of a rest, sword, worme & scourer, but haveing
procured som & promising to provide the rest as soone as pos-
sibly he can, was fined but 1=.
Serjeant Munson being complayned of for taking away 3
hands fi-o'" traynings to goe fetch hay, he alleadghig a promise
to have had it don while he was gonn to Moheigin, & after he
came home, but being putt of & in hazard whetlier he should
gett caunowes or the like to doe it, <fe if he had not imbraeed
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 iyned 2^ each person.
[189] [ ]
Richard Pery chosen secretarie for the coiirt of Newhauen
vntill October next.
Francis Browne had liberty to depai'i 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 towne is bownd to attend in payment of severall
debts, which for the p^sent were due, it was thought meete
that a new rate be assessed, and that it be paid w^hin a montli, ■
& that the halfe yeare rate due in October be paid into the
treasurer iu June & Jiily next enaueing at farthest, in monny,
beaver, come or wompom, in butter or cheese & great cattle
moderatly poised.
It was propownded by tlie governo'' that each person tliat
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 he put in any
cattle into the necke, vnder the penaltie formerly setled, and
)yGoo»^lc
1646] NEW HAVEN COLONY RECORDS. 231
that bro: Cooper dnvo tlie necke the 17"| of this instant
Aprill & afterwds whose cattle soeuer be fownd tliere they
being pownded shall pay ^ the owner 6'' a head as ■1'' a former
order.
It was desired that those that desire right in the Beaver
Ponds shoiild 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 left to the courts dispose.
It was granted that brotlier W"' Thompson might fence m
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 Leeke desireth to build
a shopp onn agttynst his howse.
It was ordered that the surveyours of the 1
view them, & returne the names of those that are <
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
foote.
[MO] [ ]
Mr. Brownhags son wanting a gune & sword, his case-being
such as his armes were sold before winter, his intents being
to have gon for England, & praising to provide agaynst the
next trayning day, his fine for p^sent was remitted.
Ambrosse Sutton being defective in his ai'mes, j" mayne
spring of Ms gune being naught, was fyned 12''.
Goodm° Whitnell, defective in worme & scourer, vtm
fyned l^.
Goodman Lampson, for a defect in y'' length of iiis rest was
fyned 6''.
)yGoo»^lc
232 NEW HAVEN COLONY EECOBDS. [1646
The towues fence being complayiied off as defective wthin
Mr. Davenpoi'ts quarter, towards j^ Mill River, w=h was don
by Jn" Moase & 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 before 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 eomplayned of for his powder being short
in waiglit & dusty & soo not serviceable as it ought to bee, was
fyned 2« 6^.
Robert Emery for his defective fence of liis gune, fyned 1".
Jno Cooper wanting a rest was fyned 6^.
John Gibbs defective in his gun fyned 6'^.
Robert Vsher defective in y« sockett of his peece fyned 1^.
Benjamin Hill defective in scourer, but being wai'ned to y
court he ncith' acquainting his master w'h it nor appearing,
it was counted a contempt.
Samuell Wilson wanting worme & scourer & rest was fyned
5», considring he had notice given him of providing & lie
doing it not.
Tho" James, his scabbord being too short fyned 6''.
Natlia: Scely defective in scourer fjncd 6^.
Bro. Davis for 3 men of his being defective in buUetts &
one ill match, for Wh ho was fyned 20^
W"^ Wooden defective in powder fyned 12'^.
Bro. lues wanting a scouror, j ^^^y^ , j ^, ^
Bro. Mitchel wating a gun sticke, )
Gkjodman Osborne defective bulletts, scom-er, worme & rest,
but being now supplyed was fyned but 5'.
Samuell Daighton wanting all annes, but he being latly
come to towne & at p'sent provided, it was passed by.
James Bishopp defective in his rest fyned 6''.
Tho'" Beech defective m his rest fyned 6''.
Tlio™ Knowles defective in his rest was fyned 6^, & he not
)yGoo»^lc
1646] NEW HAVEN COLONY
liaveiiig paid a fornicr fine was ordred to cleare it bol'ore the
next court.
Samuell Marsh being seeking cowes during liis absence
from trayninga, it was accepted of the court as a sufficient
Goodman Plat hath sold 6 accres of meddow on tlie west
side vnto Roger Allen, wh meddow lyoth next above Mr. Gib-
bard, in a peece of meddow called an island, & the West Kiver
runeth vpp on the other side thereof.
[141] II Goodman Piatt hath sold about 11 acr. i^ of vpland
to Mr. Jn" Wackman & John Gibbs W^h fronteth against Mr.
Evance quarter & is bownded on the reare by Jii" Gibbs &
Hen: Glovers lotts, & lyoth betweene Mr. Wackman & Mr.
Bracys lotts.
Goodm" Piatt hath sold all liis land in tUe Necke to W"'
Thompson.
Goodman Piatt hath sold 2 acr: of meddow to Tho" Fugill.
Richard Hull hath sold 6 acr of vpland vnto W™ Thompson,
which fronteth towards the subburbs quarter, & lyeth at that
end of liis lott, & is betweene W"" Preston & Henry LindoU
lotts.
The Governour being informed of severall leawd passadges,
ordered W™ Fancy to appeare w'^h his wife at the Court, to
answere for them. The examjnations of Goodm" Fancy & his
wife following were read in court, vh^.
Goodwife Faneye examined the 14'i> Aprill (46) said that,
1. About two yeares since working for Goodwife Robinson,
being alone in the cellar with The™ Robinson her husband, he
tooke hold of her, put downe his owne breeches, put his hand
vnder lier eoates, & w'h strength & force labored to satisfie his
lust, & to defile her, indeavoring to tlirowe her downe, & when
shee begari, to cry out, he stopt her mouth, but some of the
shipmen occassionally calling him away he left her for that
time.
2. When they lived in Leiut. Seely's cellar shee going into
the planted lott to fetch xn a barrow full of wood, Indiaii eorne
being then & there growne man high, hearing a noyse amongst
the stalks of come & lookeing about shee saw Tlio'" Robinson
)yGoo»^lc
234 NEW HAVES COLONY BBCOBDH. [1046
& said vnto him, goe & be hanged, what doe you here, but he
fastened 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,) be left her.
3. Another time being at worke there, Goodwife 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
raakeing a iioyse, her husband came forth of the cellar, &
Robinson seing him left her.
After this W™ Fancy lived at Tho™ Clarka howse, Tho"
Robhison came thither, this examinate saith she seing him
comminge, & fearinge his lilthy lustfull 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'h God &
her, she told him her husband knew of his filthy leawd car-
ryadges, he must therfore malie peace with him; this was
about 12 monthes since.
Notw^hstandiiig all former passadges, Tho'" Robinsons wife
wanting help in her childbed state, he impudently desireth
Goodie Fancy to keepe her, she sends him vnto her husband,
& he, considring the weomans neede, consents. After she had
bin there a weeke, her husband asked her how Robinson car-
ryed himselfe, she answered she tliought he was become a new
man ; but the second weeke he returned to his former filthy
course. Goodwife Fancy going forth with him into the cow
howse in the evening to hold the lanthorne wliilc ho 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 hands vnder her coats, & gott them vpp,
thrust her to the wall or pale & indeavored with his boddy to
committ adulterie with her, but she resisted & hindered him
[142J & told him that if || he went onn thus, he would come
to the gallowes; he pished at that, but told her he would
never roedle w'h her more. This was about 10 weeks since.
)yGoo»^lc
[1646 NEW HAVEN COLONY EECOIUDS. 235
6, Yet againe dm"mg that attendance onn his wife, tliis ex-
aminate going forth to fetch wood io make a fier, itt heing her
night to watch, Robinson followed her, put downe his hreeches
& indeaTored to satisfie his lust as before, but she cryed out,
threatned to awake his wife & to acquaynt her w'h Ms course,
wherCTppo he gaye over & this was his last attempt vppon her.
This examjnate saith that she hath from time to time ac-
quainted her husband w'h Robinsons leawd lustfull attempts
vppon her, (except tliat S'l" paasadge in the cowhowse, w=h
yet she after told him off,) & prest him to complayne to the
gov, but W" Fancy refussed & desired it might be concealed,
fearing, (as hee then & now professeth,) that his wife baveing
bin pnblicquely punished for thecTery, should not bo beleived ;
& by way of excusse, he now farther added, that being ignor-
ant of the mynd of God in the Scriptures, he knew not but
that it might be concealed.
By esamyuation & confession it appeareth that the former
leawd & outragious attempts came thus to hght, Thoi" Robin-
son, at Mr. Evance his howse hearing Hannah Marsh say slie
delivered a paire of sizai-s to Stephen Medcalfe before he went
for England, Robinson in the hearing of Ju" Thomas and others
replyed, there is another cutler in lowne for a neede who could
spare a paire of sizai's or a knife, & added he thought he saw
the sizars spoken of att Goodwife Fancyes, & that she was a
tlieife & other words to that purpose. Goodwife Thomas
sometime imployinge Goodwife Pancye in her occassions,
either told her or sent her word what Robinson had said.
Fancy his wife passionatly & in way of revendge tooke vp this
proverbial! 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, & Fancyes wife discouered Robinsons
filthynesse & villeny.
After this Fancyes wife going home from Jn" Tliomas his
howse fownd Robinson staying for her hi Stephen the cutlei-s
shopp, & weeping he spake passionatly, is this come forth &
added he would rather that bis life & all goods were gone then
that his wife should have knownc of it.
)yGoo»^lc
236 NEW HAVEN COLONY HEC0RD9. [1646
Goodwife Robinson bearing these things was exceedingly
troubled & desired they might be taken vpp in a private way
if it might bee, and Tho™ Robinson and his wife pressed
Gfoodwife Thomas to that pnrposae ; Goodwife Thomas replyed
that he miglit see a hand of God in tliis busjnesse, for liis
other vnrighteous dealings, yet told liim if she might saflye,
she could be content to conceale it if she might see a generall
reformation in his course, but Robert Vsher know of it &
must by a due acknowledgm' be satisfied. Robinson meeting
w'h Vsher tliat 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 comisell
should be asked & proceeding ordred accordingly.
W™ Fancy & his wife both affirme that about a foniight
since Tho"" Robinson offred them 10» in silver for their satis-
faction that there might bee noe furtlier prosecution.
John Thomas & his wife say that Robinson did before them
acknowledge some mis'carriadges & did but weakly if at all
deny the rest that Pancyes wife chardged him with ; he knew,
(as he said,) that a weomana word would passe before a mans
in this case, espetially seing Fancy his wife said she would
take her oath for the truth of her chardge.
[143] ]|Goodwife Robinson confessed she had heard her hus-
band coufesse he had spoke some words to try Fancys wife
but he could not owne all she had chardged him with, beuig
asked where her husband is, she saith that yesterday in the
afternoone he went forth in a sadd discontented ii'ame, and as
she since heareth, passed over the ferry, but since she hath not
heard of him.
W'" Fancyes wife saith further that about 3 monthes since
Marke Moggs 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 since appeareth Mr. Newman sent him
notfc. As Fancys wife then passed by him he caught hold of
her, sti'ove with her, put his hands vnder her coats, shewed her
a string of wompom & told her he would give her tliat & 5"
move if she would teach him to gett a boy, but she rcsistuig
)yGoo»^lc
1646] NEW HAVEN COLONY RECOBDS. 237
he went away. When her husband came in she told him
Marke Megs was a roague, & acquainted him what he had
done, wherevppon her husband & the ctitler went & spake w'h
him ; he presently acknowledged his fault to them, & sevcrall
times since hath acknowledged it to Faneys wife.
Concerning Stephen Medcalfe the cutler she saitli, that her
husband & she lying in his howse 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 lustful! way to kissc her by
force, she said it were better he never touclied 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 tliought it
could not be opened from w'hoiit ; yet, as she conceyveth
about midnight, the dore was opened, & hj the creeking
awackned & frightned soe that she cryed out with much feare,
who is there, then Stephen spake & went to bis cubbard,
dranke some strong watter,& went away, Fancys wife arose,
went out & came in againe, walking vp and downe. After
the day brake the weauer & her husband came home, she told
her husband Stephen was a rogue, & said she would com-
playne to the magistrate but her 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 JPancys 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 iirst wholy denny it, wherevppon W"" I'ancy
informed the court that so soone as he came to the knowledge
of his forementioned action, he called to ht" to speake w^h
him, who was then killing a pigg at Goodm" Mosses & there
told him of it, & that smce Marke had sought to make his
peace, & at that time Eobert Vsher, that he might not come
)yGoo»^lc
238 NEW HAVEN COLONY RECORDS. [1646
to the knowledge of it, was seut out of tho way, & he the said
Marke Meggs told them if it came to light he should be
viidone.
[144] II Corporall Mosse informed the court that James Hey-
wood told him that Marke Meggs came into Goody Fancys
howae & downe with his breeches,
Goodman Banister informed the court that Daniell Paule &
himselfe being at worke wUi W™ Fancy, he upp & told tliem
that Robinson was ran away & feared his wife would he a
cause of his being whipped and so Marke Megs.
John Megg^ informed the court that W™ Fancy being at his
shopp told him what his bro : had done, & that he thought he
would be fyned, & if tliat it were aoe he would take nothing
of him.
John Thomas informed the court that Marke Megs told him
that tho Govern' said that Jn" Thomas needed not come to
court if he could say notliing for Mm, the w"h words the
gov said not, but Marke Meggs exprest to have hidd his sinne
& guilt.
Robert Vsher 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 goe vpp
into the chamber, then he asked the matter, she said nay,
]ieither sliall Stephen tell you what Marke came about.
Goodwife Fancy vppon oath affirmed that Marke Meggs
comminge for 8^ or 10« vppon a last day at night, she told him
she thought her husband liad it not, but he should gett it, &
thought Mr. Newman would not be soe deare, then went out
mto 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 gctt a hoy—
& y^ next day save one, being the second day of the wecke,
he went to him.
Goodra" Fancy vppon oath affirmed that he spake w'h Marke
Meggs in Goodm" Mosses yard & said to him he was a basse
fellow for to goe to abuse his wife, offiing some wompom & 5"
more & that he going to acquajnt Mi-. Gregson w'h it, Marke
mett him, acknowledged his fault & said if hee should goe &
,yGooq)c
1646] NEW HAVBH COLONY EECOEDS. 239
tell of it lie should be vndone, & iiitreated him to consider
his case, for he had dranke a eupp of sacke & Stephen desir-
ing him, he granted to pa«se 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 cleare him if guiltie,
for God may have left him to the act, although there may
want evidence, as he may remember a defect of evideiice 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 sufficiently proved to the satisfaction of
the court, he was centenced to be severely whipped.
Goodie Fancy for herselfe in concealing of the foreinentioned
vyienous & InstfuU attempts by severall as appeareth by her
own confessions, & "W"" Fancy for his being 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 pteetor, k although he was told of them, neither did
discover them himselfe, nor would Jie suffer his wife to doe it.
Both were centenced to bee seveai'ly whipped.
Joseph Guernsy for his ivilfull neglects of obedience to his
m' his commands & rysing vp & abusing his m'' & his bro., as
appeared by the testimony of bro : Joshua Atwater, bro. Chee-
vers, Mr. Francis Newman and Eliz=' Downingc, was cen-
tenced to be sevearly whipped.
[146] [A GemieraW] Coukt held the 25"i May 16^6.
In regard of severall ocoassions & workc to be done agaynst
trayning day, bro : Nash is spai-ed & bro : Leavermore also,
because that if bee attend tliis court it will hinder bis burning
of potts this whole weeke.
It was remmembred that the last Gen" court it was ordred
that men should have payd their rates, but it being 6 weeks
since &, yet all not Virought into the treasurer, men were ad-
)yGoo»^lc
240 NEW HAVEN COLONY BECOBDS. [1646
vized to talce some speedy course, or clce ttie marshall shall
have order to warne them into the court the next weekc.
It was likwise considered that whereas there was an order
made to p''serve meddow & cornefeilds, & swine ordred to he
kept abroad, hut for pi'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 thenecke
or any fenced rpland w*hin two myles of the towne vnyoaked
& vnrimge shall pay 6^ a head besides a penny powndage, &
that this order take place the next day following at night.
Ero : Cooper was desired to drive the necke, & he pmised to
doc it.
It was ordred that every man bring in the eare marke of
his swine that so if they should be pownded, tlioy 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, wherby 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 magistrate is to be required.
It was ordred that bro : Cooper be cryer in the marshalls
stead, in regard that he cannot attend it nianny times because
of prisonrs.
It was ordred that henceforward ail dry cattle be kept by a
keeper, (a ptioul'' agreement by them at the farmcs on the
east side excepted,) although tliis order passe w'hout a fine.
It was ordred that noe man put any oxen in the oxe pasture,
Mr. Evance only excepted who hath liberty granted vppon his
jndeavour to keepe them from the cowes.
Bro : Phill : Leeke was desired to keepe an ordynary or
inne, & to pvide for the refreshing of seamen, w^h he tooke
into consideration.
Libertie was granted bro : Phill : Leetc to draw wine for
Mr. Malbon, he attending a court order formerly made for
sobryety.
Bro : Peter Browne had liberty to depart the court for the
remaynder of this day.
•Terymy How had libertie also to draw sti'ong watters for
)yGoo»^lc
1(346] NEW HAVEN COLONY RECORDS. 241
Mr. Evaiice & Mr, Gilbert, lie attemiing a former order made
foi' sobryety.
It was ordred that if they that Kve at the farmes come vppoil
trayning dayes by that time the company is in ranke & file, &
before they have moued, it shall not be accorapted late com-
minge.
The ehoyee of tlie Artylery company officers was allowed
of.
Bro: Francis Bro\7ne, Mr. Caffinch & Goodman Bassett
were dismissed from attending the court, occassions w^li were
vrgont calling them away.
[l46] ||Mr. Malbons meddow so called, belonging to Mr.
{_Gregsons ^ MJv. 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 goo with them, to propownd their objections to them.
Bro : Phillip Leeke, vppon some pressant occassions, had
leave to dept the court this day, & liberty was given him also
to make vse of a peece of growiid before his dore, provided
that if it so fall out tliat the townes occassions require it, he
then surrender it & remove his howseing from it.
It was moved tliat some place might be fenced in wherein
strang^s horses might be kept, but at present respited.
Mr. Goodyeare & Mr, Kobert Newman being desired to goe
to Mrs. StoUion who lyeth very weake & thouglit her change
draweth nigh, they had leave to depart the court.
It was ordred that whosoeuer fetcheth fire, or sends for it &
not in a covered vesseU, though the fire be denyed them, or
vppon any other occassions they come w'hout it, they shall
pay 6^ fine; but if they carry any fire away, they shall pay
12^ f because great damadg may growe to the towne by slight-
nesse & carlessneaae this way.
It was ordred that whosoever shalbe fownd takeing tobacco
in an vncovered place, as in tlie streate of the towne, or in
mens yards, shall pay 6'' fine each time, also if onn trayning
dayes, either in the company or the meetinghowae at any
time.
31
)yGoo»^lc
242 NEW HAVEN COLONY EECORDS. [1646
It was ordred that 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, Jn" Mosse, Natha : Merryman, Richard Webb & W""
Payne were freed from attending the court, to helpe Mr. Mal-
bon get goods ashore.
It was ordered tliat brother Seeiy & brother Gregory doe
looke that noe hydes come out of the tanners hands but those
that are well tanned, & that they scale tliem if they doe allowe
them, & that they have 4^ p liyde for veweing & sealing of
them.
Tlie romaynder of the former eoiirt orders reviewed were
now read in court.
The order for a corne measurer in this towne was repealed.
[147] At a Couet held at Nbwhauen this 2'' June,
1646.
Mrs. Bi-ewster, Mrs. Moore & Mrs. Leach being warned
about severall miscarriadges of a publique nature, appeared
and were chardged sevecally as foUoweth,
Elizabeth Smith late servant to Mrs. Leach, saitli that hear-
inge Mrs. Brewster loud m conference w^li 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 hei-selfe.
Impfmis, Job & Eliaabetb both 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 speakeing of his
sermon said, Mr, Davenport maks the people beieive tliat to
come into the church is as much as the rcceiveing of Christ.
Job saith she added, Mr. Davenport carryeth it as if they could
not have salvation w'hout comming into the church. What
concei-neth Job in this part of liis testimony he gave in
wtighteing, & affii'med before the ma^strates, yet now in
)yGoo»^lc
1646] NEW HAVEN COLONr IlECOBDH. 24S
court was somewhat doubtfull wliethei* he heard the words
from Mrs. Brewster herselfe, or only heard Elizabeth repeate
them from Mre. Brewster. His best light, (he said,) serveth
for tlie former, yet he was loath to give oath therein. The
court blamed him that he had not better cojisidred this before,
yet wished him to deliver nothing vppon oath but what he was
cleare in.
Mrs. Brewster as before the Governo'' & Mr. Goodyeare
form'ly, so now hi court denyed the chardge.
2'")'. Job & Elizabeth affirme that Mrs. Brewster speaking
of somtliing Mr. Davenport had doliuered vppon Ephee. 4, 12,
concerning personall faith, that if a man lived where he might
joyne to the church & did not, it would prove a deluzion 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 refference to the sermon. Eliz-
abeth saith, that twise or tlirice she spake to that purpose,
that she wa^ sermon sicke, & that proceeding in conference
she presently said that when she came home she badd her son
mak wast pap of it, wh 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 confessfeth she said her stomack wrought, smell-
ing an ill savo^ in the seate, wherin she gave noe satisfaction
to the coui't.
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 Mt^. Eaton was cast out
of the chm-ch." Mrs. Moore asked Mrs. Baton why she did
not confesse her sinne, Mrs. Eaton answered she liad don it,
but not to the churches satisfaction. Mrs. Brewster said if
Mrs. Eaton had seene 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 tliose words, if Mrs. Eaton had seene
)yGoo»^lc
244 NEW HAVEN COLONY RECORDS. [1646
her light &c ; she hath heard that Mrs. Eaton camo into the
church in a hurrey, and went oiit in a hurroy.
[148] |] 4ti'iy. Job & EKzabeth afiirme that Mrs. Breirster
speakeing of the contributions said, it was as going to masse
or going yp to the liigh alter, & being asked bj Mrs. Moore
wliy she then went to them, she answered, because her hus-
band had comanded her.
Mrs. Brewster denyeth that euer she spake of masse, or high
alter in refferonce to the contributions, tlie first time she
heard of the word alter, applyed that way, was in the seate,
Mrs, Lamberton spealcing 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 t!ie church.
fithiy. Job saith he heard Mrs. Brewster say that Mr. Fugill
being at her howse proffessed vnto her tliat Mr. Eaton laid one
thing to him W^li if God should take liim away that night, lie
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 arc ohardged for lyes. She concluded, I
pray God kcepe mee from them,
Elizabeth remmembreth that Mrs. Brewster said, Mr. Fugill
was chardged by Mr. Eaton w^h that he could not remmember
nor owDC if he should dye, & that shee concluded, God keepe
mee out of tlieir hands,
Mrs. Brewster denyeth that euer Mr. Fugill told her, 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 tlie latter
part, going 2 & 2 together, wrighting, comparing, chardging
lyes, & her conclussion from thence.
S^'i'y. Job affirmcth that Mrs. Brewster asked Mrs. Leach
whether she had any mynd to joyne w'h the church, Mrs.
Leach answered, noe, Mrs. Brewster asked whether she had
not formerly had a 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
)yGoo»^lc
1646] NEW HAVEN COLONY EECORIS. 245
teach you well enough at home. Elizabeth remembreth the
question put to Mrs. Leach wth her aiiswere as before, & that
Mrs, Brewster replyed, her mother coiiM teach her, or tiito'
her well enough at home, or words to that purpose.
Mi'B. 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. Wackmaii or some other
of the church,) it was because she fownd aoe manny vntruthes
among them, but Mrs. Brewster denyeth that shee said her
mother was a weomaii of wisdom & could teach lier at home.
T'hiy. Elizabeth saith that Mrs, Brewster being asked by
Mrs. Mooro whether she saw the persons whipped for their
vimaturall filthjnesse about a mouth 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 denyeth tliat euer she spake of cruelty in
their punishment, she rather thought they deserved more, &
that the censure was mercyfiill, nor euer did she heare her son
speake of falling into the hands of Turks, though he spake
somthinge pytying tliem that were first connected & that if he
were fit for death, lie would rather be hanged then soe
whipped.
[149] [| 8''''y. 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 betwixt her owne
howae & Mr. Leaches, & seing her look sadd, Mrs. Brewster
asked her what was the cause. The sister told her some
passadgcs of W™ Prestons miscariadges for which the church
was like to proceede against him, Elizabeth sath Mrs. Brews-
ter related this to Mrs. Moore in a seofiing manner, adding in
her speech to Mrs. Moore, I looked pittyfuUy when I spake
w*h the sister, as if I had bin one of them, which Elizabeth
conceiveth she did, to draw from the sister what shee eoiild.
Mrs. Brewster confessed she mett w'h Goodie Charles &
spake with her, to the purpose the ehardge, (in the first part,)
importeth, but denyeth the latter part, eoncerninge s
& lookeuig pittyfully, as if she had bin one of them.
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246 NEW HAVEN COLONY RECOBDS. [1646
Job & Eliz" both say, that Mrs. Brewster vsed to laugh &
scoffc at all the former passadgea they have respectively
O'l"'?. Elizabeth Smitli saith, that baTeing bin forth & com-
ming in to her Mrs. bowse, she heard Mrs. Brewster, spealiing
lowd to Mrs. Eaton conceniinge banishment, say, they could
not banish her but by a Gennerall Ooui't, & if it came to that
shee Tvished Mrs. Eaton to come to her & acquaynt her w'li
her jndgment & grownds about baptizing, & she would by
them seduce some other weomau, &. then she, the said Mrs.
Brewster would complayne to the court of Mrs, Eaton & the
other weoman should complayne of her as being thus seduced,
and soe they would be banished together & she spalie of going
to Road Island.
Mrs. Brewster confesseth the chardge, but saith she spake it
in jeat & laugliing, she was told, foolish & vncomely jesting
are suifull, but to harden one a^aynst the truth who already
lyeth vnder guilt, may not passe vnder a pftence of jesting.
lO''''!'. Job saith, that the last day of the weeke, being May
the 9'^'', he was called vpp before Mrs. Brewster, Mrs. Moore
& Mrs. Leach, at Mr. Leaches bowse. Mrs. Brewster told him
shee bad bin where she had justified herselfe s^ynst a great
roanny of his lyes & added, she would have him & his slutt,
you & yor harlott, to the whipping post. Elizabeth saith that
she being below in the howse at this time, heaa'd tlie former
words. Mrs. Brewster spake them soe lowd that, (^as she con-
ceiveth,) they might be heard into the midst of tlie streate.
Mrs. Brewster denyed those words, you & yo'' slutt, you &
yc 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, Ehzabeth standing in relation to
Mrs, Leach as her servant.
The court thought it seai-cc probable, the whole speech being
continued to Job Hall, that yo' slutt, yo' harlott should
be reffered to others, nor is it likly that Mrs. Brewster should
cast any appearance of blame vppon Mrs. Moore and Mrs.
)yGoo»^lc
1646] NEW HA YEN COLONY KECOBtiS. 247
Leach for Elizabeths miscarriadges, as yo' shitt, yo'' harlott
seeme to unport.
llthly, Elizabeth saith that oiin the same day, May the
ninth, Mrs. Brewster toM her that she went about carrying
lyes, to cuiTey 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, tlicn she must call her
so noe more, & if the follow did not come home he must take
[150] his monney || if ho can gett it, or els he must take it
out in whippinge. Mrs. Brewster further said that Ehzabetli
told halfe truthes & halfe lyes. 'EMz'^ answered, her halfe
truthes will prove whole truthes. Mrs. Brewster replyed, will
they so, you brasen facd whore. Ehzabeth answered she was
greived for her sinne, & desired to be soe all her dayes. Mrs.
Brewster said, she had gotten a fc\y of the fine words.
Mi-s. Brewster denyed the word whore, she said she caUed
her only harlott, she was told such rayling laiidguadge was
vncomely & sinfull, Micaell the Ai-changell durst not carry it
soe wth the Divell, though he had matter enough against him,
12"'iy. Job affirmeth that Mi-s. Brewster, speaking at Mr.
Leaches bowse of a conference she had with widdow Potter
said, she asked her why she was not receiTed into the church
agayne, widdow Potter answered, because she could not leave
Bdw: Parker, yet if they could shew her a mle for it, she
would. Mrs, Brewster added, Parker is not vnder scandall,
yet becaiise he gave not satisfaction to the elder, thoy will not
lett J'" marry,
Mrs. Brewster acknowledging the substance of this chardge,
saitli that widdow Potter thought tho rule they would hold
forth would be against tlie marrying of liira, & she conceiveth
she heard either widdow Potter or Edw. Parker say ho had
bin with the elder, but had not given satisfaction in his ac-
count, & therfore thought they 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.
)yGoo»^lc
248 NEW HAVEN COLONY BECOEDS. [1646
They botli acknowledged severall 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, b\it advized them to walko according to
rule. Mrs. Brewster wished him to take 2 or 3 witnesses &
goe to the magistrates & desire tliem to marry them, and if
they reffiiaaed it, then before witnesses to talic one another &
goe together. Edw: Parker saitli he told her he would not
doe soe, yet she pressed the former advize vppon him 2 or 3
tymes. That she also said tlie 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 farther saith that Mrs. Brewster shewed
her dislike of the churches proceedings, & 2 or 3 times wished
Mm to bidd widdow Potter come to her before she came.
"Widdow Potter saith that Edw. Parker told her that Mrs.
Brewster disliked the churches proceedings & desired to
speake with her, after w=h widdow Potter going for some
auyseeds, & Mrs, Brewster vnderstanding who she was, she
bad her sit downe, gave her a cupp of sacke & draake with
her, and as she remembreth, the first question Mrs. Brewster
asked was whj she was not received into the church, her an-
swer, (being sometime in a hurrcy 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 themselues in such manner as might wholy
have freed her from such apprehensions, pressing they con-
cluded nothingo in the case, but advized her to attend and
submitt to rule when it should bo 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 wlio had
don soe, Widdow Potter also acknowledged her fault in tell-
inge Mrs. Brewster the latter part of a speech of Mr. Malbons,
)yGoo»^lc
1646] NEW HAVEN COLONY BBC0RD8. 249
tliat if Bdw: Parker should hange himselfe at lier dore she
might have poace in it, hut not telling the former speech wh^ in
Mr. Malbon put the weight, the whole speech mnning 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, hut Mrs.
Brewster wondrd at her speech as she reported it.
Mrs, Brewster said, Bdw : Parker & widdow Potter were
hipocrits & she would prove them soe, what they spake was to
currey favo^ that she might get into the church againe. She
chardged Edward Parker that comminge from the foresaid
meetinge, he 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 things out of him, and
her mayde being called, spake to the same purpose. Edw:
Parker denyed the chardge as it was !ayd, & the magistrats
and niling elder then p'sent cleared the govem^ Mrs.
Brewster proceeding to perticulers concerning her famylyar-
ity w'h widdow Potter an excommunicate person, she at fii-at
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 reelayme her in
a way of love. The Govern' answered her pastour was ab-
sent, the court knew not what hee had spoken in the case, nor
on what grownds, but for her to eate, drinlte, & to shew such
respect to excomunjcate persons did expressly crosse y«
rnle. Herevpou she denyed she had dranke w^h widdow Pot^
ter. Widdow Potter in coui't 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 appi'hended she drunke, but coTild
not say what quantity went downe. Mrs. Brewster heroin
gave much offence 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 ma^strats rcfussed, then
)yGoo»^lc
250 NEW HAVEN COLONY KECOEDS. [164b
before witnesses to take one another & goe together, she said
she spake it in jest & laughed when she spake. Edward Par-
ker confessed she laughed, but said she pressed it vppon him
two or three times. Widdow Potter affirmed the same & that
she gave instance in a couple in the Bay who had don soe.
The court eould 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 & iippon each of
them severall times, & sett onn from an instance in the Bay.
[152] ]|MrB. Brewster was also chardged that contrary to an
expresse & knowne order made by Newhaven Gennerall Court,
she had retayled wyne both out of dores by forbidden small
parcells, & had sufired workmen & others to sit drinking
wyne by pyntes and quarts witliin her howse. She answered
it was when there was noe other wyne in towne, & divers were
either sicke or hadd neede of it. She was answered, she
might have sold a butt or lesse quantity to Goodman And-
rowes who was intrusted to retayle & must be accomptable had
there bin any disorder, she replyed he could not make pay to
her content. She added that Mr. G-oodyeare, Mr. Malbon &
Mr. Bvanee, 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 & Mr, Evance ans-
wered, they had broken noe order in sending & were not wil-
ling to send for more then they must needs, on her termes.
It was ehardged that she had vsed her howse as a taverne,
suffringe company to come in & spend their money in drink-
ing wine by quarts & pints, she said she had suffred none so
but her workmen, she was answered, she might not suffer
workmen so todrincke, but heranswere was nottrue, as would
bee proued if there were cause, but she seemed to fall vnder
it.
Mr. Malbon informed the court tliat Mrs. Brewster had said
she would prove him a lyar, which he hoped she eould not
doe.
Mi-s. Brewster said what she spake was because Mr. Mal-
)yGoo»^lc
1646] NEW HAVEN COLONY EEC0RD9. 261
boil came to her bowso aud cliardged her with things he could
iiot prove, Mr. Malhoii afidrmed the matter was true, if there
were any mistake in circumstauces, it was not cleare whether
tlie mistake were in him or Jonathan Rucld.
Edw : Parker said he could take oath Mrs. Brewster said
she would prove Mr. Malbon a lyar, wh being spoken against
a magistrate, without a call, in a whisping way, besides tlie ref-
ference to the ninth comraandement, is an offensive, sinful!
miscariadge, against the lift commandement, but Parkers- oath
was not required.
Mrs. Brewster being asked what further she had to say
either for herselfe or against the witnesses, slice was full of
speech, offered to take hold of the witnesses & to draw tlicm to
her, as if she would have over-ruled their testimony ; she was
told meeknesse & modesty would better become her in such a
place. lu anythinge she doubted or denyed, the court would
tak noe evidence but vppon oatli, she seemed to cliardge tlie
court as if she could not be heai'd, but being roprooued for
such bolducBSO contrary to truth, slie fell to justifie herselfe
that she approved Mr. Davenporte ministry. If some one
tyme he had not expressed himselfe so clearly and fully as at
others she propownded questions for his information, and at
last, gohig to Mr. Davenports, she was fully satisfied. She
denyed that euer she vsed the words sermon sicke, or masse,
or high alter, in refference to tlie contiibutions. 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 tlie 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 bin the death of Mrs. Leach her child, w^h, (she
not being able to prove,) was accounted a rash or false
chai'dge. She saith lie was taken in two lyes about her beinge
)yGoo»^lc
252 NEW HAVEN COLONY BEC0ED9. [1646
sermon sicke, wh he had after denyed, and that Mrs. Malboii
had hm the ocoassion of his sinno in tolling lyes out of dores.
Job deiiyed the chardge of lying. Mr. Godfrey being called
to it, vppon oath testified, that Job had said he had sinned in re-
porting thmgs out of the famyly, but Mrs. Malbon had sinned
more in drawing them from him. Job answered that looking
on himselfe as the acetiscr, he was one while discouradged
from complayninge to tlie 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 seryiee & carryadge. Mrs.
Brewster said Elizabeth was a harlott. She accused her also
of lyinge, for proofe wherof she brought in Goodwife 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 herin, Mr. Leach witnessed that Elizabeth from
the first entrance into his service, was of a crooked disposi-
tion, & apt to speake vntruthes, & when liimselfe or his wife
had called her to account for miscarriadges she would seerae
to be affected and promise amendement, but they could never
see much amendement in her.
To all wh the Governo' replyed, that the court would ducly
proceede against any of the witnesses according to allegation
& proofe in due 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-
monyes vppon oath.
W'^h being duely considi-ed, the magistrats & deputes sev-
erally expressed themselves that Mrs. Brewster had proved
nothing to disable any of tlie witnesses, tliey were therfore to
give in evidence severally vppon oath, that the cause might
come to a due issue. And accordingly Job Hall & Elizabeth
)yGoo»^lc
1646] NEW HAVEN COLONY HEC0ED8. 253
Smith, Edward Parker & widdow Potter, vppon oath teatiiied
all the perticulers they had respectively chardged, in nianri''
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 appeai'ingc was chardged as folioweth,
viz'".
Mrs. Brewster before the governor & Mr. Goodyeare, first
in a more private way & now in court, in Mrs. Moors presence
witnessed, that Mrs, Moore in eonfferenee about the clmrches
course in contributions asl^cod what rule there was for going
to the high alter.
Mrs. Moore at first denycd that ever she spake such words,
yet afterwai-ds seemed to fall vnder the chardge.
Job Hall, serv' to Mr, Leach saith, that Mrs, Moore in
prayer w'h Mi". Leaches famyly saitli, Lord thon 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,) have any fellowshipp with them. She further saitb,
when Christ assended, he gave gifts to men, some to be apos-
tles, some prophets, some evangelists, some pasto's, some teach-
ers, but they are gon tluMDiigh the world & ai'e now assended
into heau". That hi opposition, as he conceiveth to Mr. Dav-
enports sermon vpon Ephesians 4, 11 verse, she added that
night in prayer, that now paatours & 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 eaimot be turned
to tlie Lord. He saith farther, that Mrs. Moore vseth to
exprease content & satisfaction when Mr. Davenport holdeth
forth tlie esellency of Christ in his ministi'y, but she saith
she loveth not to heare him presse for practise.
Elizabeth Smith late servant to Mr. Leach saith, she remom-
breth the substance of what Job saith & affirmeth, but not all
)yGoo»^lc
254' NEW "HAVEN COLONY RECORDS. [1646
the perticulere. She witoesseth that in prayer Mrs. Moore
saith, this people arelikthe people at Sinaj Yiiderbondadge, &
prayeth that the Lord would take the vayle from their eyes,
(m conference w'h Mrs. Brewster she hath spoken of a vayle
before their eyes.) That Christ gave some to be apostles,
some profets, some evangelists, some pastors, some teachers, &
that when he ascended he gave gifts to men. But now pas-
to's & teachers are but the inventions of men. It is impos-
sible they should have gifts. & that in the famyly they observe
that Mrs. Moore is pleased when Mr. Davenport in his minis-
try sets forth the oxellency of Christ, but she loveth not ,to
heare liim presse for practise.
Mrs. Moore denyed the chardge.
Thomas Kimberly saith that he being in conference with
Mrs. Moore, she asked him what rule they had for church offi-
cers now, he answered from Ephesians 4, 11 v. that pastors &
teachers are appoynted for the work of the ministiy, & that
Christ hath promised his presence & blessuig 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 &
eeaseth, she told him he did depend on the interp'tacon of
men. Tho™ Kimberly asked her whether she tooke the end
of the world in that promise to refferre only to the places
through w=h they should ti-avayle, she answered yes, or to
that purpose. Thomas Kimberlye sayinge he vnderstood it
to be an incouradgement to the apostles & to those tlrat should
succeede them in the teaching offices till Christ should come,
she agayne told him he did depend on mens interpftations,
adding, I warr' you take the angells to be men & church offi-
cers, he answered he did take those angells mentioned Eevel-
[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 interp'tatiou 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 ownc place of sci'ipturc for it she would beleive. Tlio"^
)yGoo»^lc
1649] NEW HAVEN COLONY IffiCOKDS. 255
Kimberly advised that iT, out of tendernesse of conscience, she
acrupiled these thinp, 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 truth
of her salvacon, she was as cleare as the sunne in the firma-
ment, & if he were not soe, she would speake noe more with
him. After this Tho"i Kimberly went agayne to deale 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 euer she said, pastors & teachers
are the inventions of men, she told The'" Kimberly she would
eonceale her judgm*. She acknowledged Christ was present
with the apostles in their travayls to the end of the world,
according to Matliew 28. 20. v. but for any other meaninge
she dependeth not on mens interpretations, and she con-
ceired those angells of the 7 churches to bee sperits, & not
teaching officers. 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 Governo'' told Mrs, Moore she was full of errc not-
withstanding y« scripturs, Angell is a name of office, 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 Revellation. Christ was
indead with his apostles in their worke through all their tray-
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 successors, such as in all ages & places he should
imploy & send vppon the great messadge & buisjnesae of mans
salvatio to the end of the world ; had she kept her erro"^ to
herselfe, herselfe only had bin hurt, but it is not to be suffered
that she should blaspheame & revyle the holy ordynanses of
Christ & the church & people of God, that she should, as
)yGoo»^lc
256 NEW HAVEN COLONY EEC0ED8. [1646
much as in hor lyeth, by spreadinge her erro's corrupt others
& disturb the peace of the place.
Mrs. Moore againe dcnyed the ehardge, & perticulerly that
euer she said, pasto''s & teachers were the inrentions of men.
She affirmed herselfe 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 Tppon several! tymes,
& vppoii severall occassions said, tliat pastours & teachers are
the inventions of men, & against one of the witnesses
[156] j|ahe 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,
& Mi's. Leach, daughter to Mi's. Moore, who had bm present
at their coaference, beinge asked, said, she knew noe such
thinge. Hei-evppon Leiut Gtodfiy 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 are the inventions of men. Mrs. Moore asked him
where she spake it, he answered, she spake it in Mr. Leaches
parlour,
Mrs. Moore was told that tlie evydence was full & perticuler,
& suffiticnt to convmce her, yet shice she seemeth not satis-
fyed, the court, C^s in such cases,) would require oath, & ac-
cordingly Leiut. Joseph Godfrey, Tho™ Kimberly, Job Hall &.
Ehz« Smith, vppon oath testified what they had severally
affirmed.
Mrs. Moores daughter Mrs, Leach, being chardged, tliat
vppon a question or conference about joyning with this
chui-ch, she had said to Mrs. Brewster, (as formerly to Mrs.
Wackman or some others of the chui'cli,) that she somtime
had a mynd to joyne, but now declyned it, because she fownd
so manny vntruthcs amonge them.
The Govern'' asked what she said to the cliardge, she
readyly owned it, confessing she had said soe. Being demanded
)yGoo»^lc
1646] SEW HAVEN COLONY RECORDS. 257
w\mt moued her to lay such a slanderous reproach vppou a
church of Christ desiring to walke vprightly, & to goe from
oae 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 heare with tliem that are evill, that as
they are able they keepe their watch, exhort & censure ac-
cording to rule, that yppon such a grownd any might have
declyiied Christs famyly, because there was a theife, a divell
hi it, & might have reproached that primitive pure church at
Jerusalem, because Ananias & Saphira were fownd out & p»m-
ished for lyinge. Such discoverys & censures did & ought to
restrayne the presumption of hipocrites, but beleivers were the
more added, aiid the people saw cause to magnifye such a
church, Acts 5, 13, 14.
Mrs. Leach neither exeussed nor replyed, but as guilty
seemed to take the weight of the chardge vppon herselfe, &
contitiuejng in Coni't, spake vncomly for her sex & age, and
once falsly chardged the witnesses with contradiction, when
there was noe appearance or disagreement betwoene them, soe
tliat her cariyadge offended tlie whole court.
These 3 causes being thus opened, & proofe thus made, were
all ready for censure, but vpon consideration of the nature &
weight of the offences, the magistrates & deputyes conceived
they were all proper for a higher court. By order therfore
sentence was respited & refferred to the court of magistrates
for the jurisdiction.
[157] II Edward Pai-ker was complayned of for going vp &
downe spreadmg false reports to the defamation of Mr. Kieh-
ard Malbon, Magistrate, in saying that greater then W"" Pres-
ton lately cast out of the church for lyeing, should shortly be
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 seene liim as he did the last night. And this
he reported vnto Robert Emery & Mary Emery his wife, who
lived at Mr. Malbons farme & now testified the same in court.
Wheras in truth, as was testified by Mr. Malbon, he seeing
him the night spoken of runne in hast & it being darkc, did
)yGoo»^lc
258 NEW HAYBN COLOSY EECOEDS. [1646
not thinke whom it was till he was past h™, & to his obaerva-
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. Mal-
bon replyed that if he did miscary in this place he would feele
the smart of it. Biit the former report being spread by Edw.
Parker who said he was told so by Jonathan Eudd, who was
told so by the boatswayne & he told Samuell Daighton. Mr.
Malbon going to eleare it to Jonathan Rudd, Jonathan Rudd
afterward told Edw : Parker Mr. Malbon went to eleare
h'nselfe, but to abase h<". But Mrs. Brewster hcai-ing of it,
Edw. Parker said, I had rather be questioned by any boddy
then her, for she hath a notable patte.
Purtli'', Edw. Parker going to Mrs. Tunifs from Mi\ Mal-
bons where he had killed a very fatt oxe, tells Mrs. Turner
that Mr. Grcgson was playne downright, but Mr. Malbon kept
the best & gave the seamen the worst of his oxe, Mrs, Turner
questioning him about it the day following, he told her she
was a cunnhig weoman. But Mr. Goodyeare testified, the
worst bit of that was better then the best of most. Mr. Mal-
bon testified the oxe had bin two yeares a fatting, and haveing
filled his tubbs, he was contented to spare the seamen of that
wh was left, & after tlie boatswayne had scene it he said he
would have it, but he never did as Edw, Parker reported, by
liis 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 I'ery testified that tliey were told that if they liked it
not they should leave it, & that she liad 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 pi-evayled with them
to take the beefe, & for his defaming of him, & by his false
reports seekciag to take away his good name, as tlie breach of
the 5^^ and ninth commandem'=, submitted himselfe to the
court. The centenco of the court was that he should pay livo
pownds as a fine to Mr. Malbon for his defiimeing of him, &
,yGooq)c
164,6] NEW HAVEN COLONY EECORDS. 259
be imprisoned the courts pleasure. Mr. Malbou mfonned the
court, vppon Edw. Pai'kers petition to the court for release
ffom imprisoiimt and further acknowledgm' of his evill w^h
moi-e answerable affection, that he would not inrich h^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 biiri how he transgresse in tlie lilt kind, for if he
did, it would not passe so easylje.
Phillip Qalpin and Bhzabeth Smith,* standing guilty of for-
nication and defyhng themselues, w=h was the breach of tlie
7*'' eommandement, both fully acknowledged it & their sin]ie
in it, & expressed their sorrow for it. The centeuce of tlie
court was, that both of them should be publiqiiely whipped,
Philhp at present, & Elizabeth being now w'h child, the exe-
cution of the centence was respited vntill she was deliuered.
[158] II Samuell Swayne complayned of Mr. MuUyner for
neglectmg of traynings, watchings & bringing of his ai'mes
when it was his turue one the Lords days.
Mr. MuUyner 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
amendement. Samuell Swayne desired the jugment of the
court for the tune that is past, & that he he ordred for tlie
time to come. Tlie court agreed that he doe the service for
the time to come, & for what is past the court will fui-ther
considi^ of it. Samuell Swayne desired to know whether all
from 16 to 60 should trayne, if they had bine magistrats
elswhcrc. The Courts answer was that it was moete to bo
respited Tutill the next Gennerall Court for the jurisdiction,
provided they be all furnished with armea.
Bic'' Pery, Plant. )
Luce Brewster def. }
[The remainder of fliis page and bIso pages IBS nufl 160 are blank.]
* In tha margin, "Fliillip Galpina and his wire."
)yGoo»^lc
260 new haven colony records. [1646
[161] At a Court op Maoistrats held for Newhauen
Jurisdiction June 4'*i 1646.
"Wheras Thomas Fugill vpon complayiits from the gen'^
Coiu't at Newhaven, was two monthes since summoned to this
Court of Magistrats to answere severall miacariadges & offenses
cliardged onn him, but then through indisposition of hoddy,
(as was proffessed,) he could neither appeare nor give an an-
swere as the case required, and since, tlie said Tho"" Fugdl
hath bin selling off part of his goods & liatli 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. Gibbard to the said Tho" !PngiIl requiring him, either
by himselfe or by his deputy, to make his defence, & had tliis
returne from him, that being still payned m his head, he could
neitlier appeare pereonally, nor was he prepared to answere by
any other, if the court would proceede he shoidd submitt, but
wished them to looke to their evidence; w^h answer was
thought overbold & 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 magisti'ats, or Newhaveii court,
w'h such magistrats as they shall call in to asist them, for his
severall miscarriadges, if hee doe otherwise, the court shall
take it as a contempt and proceede accorduiglie.
At a Court held at Newhauen this 7"' July, 1646.
James Steward for a defective worrac & scourer was fined
6**, ho liaveing deluded the officers w'h another maiis ai'mes
when his owne were defective.
Mathew Row for liaveing a foule gunne was fyned 1*. Mr.
Peirce wanting a rest fined 1*.
Eoger Kjiap for wanting bullets, scourer, belt & rest, fined 5^
Edw. Parker defective gun & touchole fined 1«. Robert
Preston defective gune & wanteing a scourer fined 2^
)yGoo»^lc
1646] NEW HAVEN COLONY RECOEDS. 261
Jn" Benham for a foule locke fined 1«. Bdw. Ohipfeild
haveing a foule lock, wanting a pownd of bullotta, haveiug
often Tsed meanesto have bin better provided was fined 1^
Jn" Kimber wanting buIletB 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 !» a peiee.
Geo. Banks fined 1^ for want of a belt.
Sam. Wilson defective cock of his peece, & his bandoliers
wanteing covers was fined 5=.
Benjamin Wilmott defective sockett & bullets, fined 1=.
Jam. Heywood wanting match, fined 1^. MihUl Palmer
wanting worme & scourer, fined 1^.
John Morse heingo 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. Crayiie, 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 tliemselues willing
a^ much sti-ejtned as himselfe, but being told that if he went
not it would bee accomted a contempt, then he said he had noe
tooles. Mr. Tuttle tendred the lending of him tooies, pro-
vided he would make them good, his anawero, as Mr. Tuttlo
testified, was that he would not come into their claues or
pawes.
James Stewards answers was tliat he being 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 being 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.
)yGoo»^lc
262 NEW HAVEN COLONY HECOHDS. [1646
Janios answered lie was vnsetled & wanted tooles, Mr. Tuttle
offred li"' tooles, but if lie brak them lie should mak them
good, he said noe he would not nor come m their pawes or
clawes, whereupon Mr. Tuttle told him he must make good
the tooles. Jn" Coop added, wh° it left rayning oth's came,
as Jn" Kimber & others, but not himeself, & next day would
not, could not, if had not 6' p day, & he told Roger Knap he
was a foolo to goe so easylie.
[162] II The oentence of the court was, that for his contempt
of the surveyors, magistrate & magistracy, he should pay fiye
powud as a line, & be imprisoned the courts pleasure.
Edw. Parker & his wife p^sented their desires to tlie court
to invest Jn" Potters two sons in the right of their fathers land
& howse, & declaimed themselues wiUmg to bestow a hejfer of
a yeare old on Hannah, & deliuer it presently for her Tse, &
so to be improved as a stock for her, &c. as ^ a perticuler
writting in the hand of the secrettarie, made & signed by both
of them before the governour, deputy govemoiir, & magistrate.
Pawquash a QuilHpiock Indian was first complayned of for
leaveing open the Oystershelfeild gate, & 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
Christ; and that he then did blasphcamously say that Josus
Christ was mattamoy & naught, & his bones rotten, & spake of
an Indian in Mantoises plantation assended into heaven, wli was
witnessed by Mr. Crayne, Mrs. Orayne, Mrs. Ling, W'" Holt,
Goodie Camp. The ccntence of the court was the he should
be searverly wbipt for thus scorning at o' worshipping God &
blaspheame the name of our Lord Jesus, & mformcd h™ that
if lie should doe aoe hereafter or now, it had bin against the
light he now has, it would hazzard his life. And for the
damadge by meanos of the gats being left open, he was to pay
5= toTho™ Knowels.
Thomas FugUI appearing now before the court, was first
desired to give answere to the court whj he had soe long held
them vnder delayes ; his answer was, that it was true he had
bin sent for oft, but although it might be conceived he was able
)yGoo»^lc
1646] NEW KAVEN COLONV BBCOftDS. 263
to come, yet Ms botldyly weaknesse was such & soe great that
it hiiidred 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 trutli, &
that they were far from making tlae most of it, for they told
not w'h what frame of spent lie expressed himselfe.
Thirdly, that after an order left w'h you, made by the court
of magistrates, wherui 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
Goodman Wilmott about some swyne.
Fourthly that this day he sends a noate to the court, &
cometla not himselfe nor sends a deputy. Thomas Fugill an-
swered he was vnder two heavye sensurs. First, the losse of
his place, ^•"y, the eentence of excoinunjeation. And for the
vnrighteousnesse he stands chardged w'h, in tailing 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'li any intent to deceive
the towne, & that land was not judged woi"th more then 1^^
an acre. Secondly for the chardge of falsifyinge orders, he
expected not to have bin qiiestioned about it, therfore he is
not provided for it. He being asked by Oapt. Astwood, why
he was not pfpared 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, Oheev-
ers read the order, however he fayled in putting in, w'hin the
2 myles, & said he neur 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 tl\e two myles.
[163] The eentence of the court was, ||that for his vnwright-
eousnesse in taking in & detayning of the townes land, and
)yGoo»^lc
264 NEW HATEN COLONY RECORDS. [164t)
falsifyeing of orders, & his GOiitempt of the court, Thomas
Pugill should pay 20' fine to the towne, and that the land be
reduced to its dew bownds, according to the lirst grant,
namely, betweene the two rivers and w'hout the two myles.
It was ordred ypoii Edward Hitchcocks inforrauig of the
court that the time was out that he wag to enjoy Goodman
Eudds meddow, Mr. Francis Newm" & Jolm Cooper he vallued
what the grasse is wortli & that it be accounted for in rates.
At a Couet held am Newhaven the i*^ Aug. 1646.
Henry LindoU informed tlie court that W"* Ball had told
him tliat his peice was chardged, & he blowing through it,
went & knoet it, & out came 4 buUetts, but he fownd noe
powder. Jerymy & Thomas Osborne affirmed that there was
noe powder seene to come out of the peice. Richard Fydo
infoi-med the court that W™ Ball told him laughingly, that
he knew there was noe powder in his gune.
For w=h guilfuU carriadge of his & vntruth vnto the m' of
the watch, Wm Ball was fined 40= & to pay the ehardges of
them that have attended vpon the court.
Whereas Benja : HUl, foi'm''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 Sii.
Eic'' Perys action wMi Goodm" Bishopp was reiferred vutil
next court.
Joseph Brewster absent on atrayning day, was fyned 5% &
for want of a worme & seoiirer 12*.
Jn" Thomas, gun being defective, was fined l^
Wni Blayden complayned of by the m'shall for nonepay-
ment of his fines, it was ordred that he pay them by the next
court, & if he did not a stresae should be made.
Mr. Joshuah Atwatter desired tlie jixstice of the court about
some nayles that Tho"' Eobinson had stole from the shipp,
viz'i 16"' ^ atS'i tP '^. Ordi'cdby y*^ court that 11= more then
)yGoo»^lc
1646] NEW HAVEN COLONY BECOKBS. 265
the nayles bcc slopt in the treasurers hands vntil hec shew
cause to the contrary.
The m'shall informed the court that he had sent vnto Geo.
Ward for his fyne & liis answere was, that for the present lie
knew not or could not tell what answere to send. It was
ordred he should he warned to attend tlie nest court.
At a Gen" Court held at Newhaven this IC"' Aug. 1616.
"Brotlicr Eenhain & bro. Glover had liberty to dept the
court.
The former order about swine was confirmed,
A protest from the Dutch Gtovemour* was read in court, &
* " The protest csma in Lattyn, the contents in English are as followeth,
Wee Willyam Kisft, Gen'all Director, & the Senate of New Netherlnod, for the
high & mighty Lords the States of the United Belp^oke Pievinees foe his exoellency
the Prince of Orange & for the moat noble Lords the AdministraFs of Bie West Indin
Company, To thee, Theophilns Eaton, GonTior of the place by ns calle4 the Ked
Hills in New Natharland, (but by the Eoglieh oaKed New Haven,) we give notice,
That some yeares past, yonrs, withont any occasion given by us, & without any
iieoeaaity imposed upoa them, but w* aa nnaatiable desire of possessing that w=h is
ours, against our ptestacons, against l&e laws of nations, & agniost the autient league
betwixt the kings maiii of Cireat Brittaine & our Snperion, have indirectly entred the
lymlts of New Netlierland, usurped diun plaoee in them & hare beene very injnrions
nato ns, neither have they g^ven satistlictlon thongh oft raqnirad. And because you
& yooi's have of late determined tc fasten your fcote neere Mauritius Byvec in this
Province, & there not onaly to dlstutbe our trade of noa man hitherto qnestioned, &
to drawe It to yselvea bnt nttarly to destroy it, we are compelled agtune to ptast &
by Biesep^eiits we doe pl^t against y" as agiiist breakers of the peaoe & distarbers of
the publique quyet, that if y" doe not restore the places y" have nsurped & repaire
the lease we have suffered, we shall by such meanes as God affoarda, manfiilly recour
them, neyther doe we thinckthis crosseth the publiqne peace, but shall cast the canse
of the ensuing cvill upon you. Given in Amsterdam Fort Aug. 3. 1846. new stile.
Wn,LTAM KIEFT.
" The answer waa returned in Lattin to the sayd ptest, the contents as followeth.
To the Right Worll W"" Kieft, Gou'cor of the Dutch in Hew Netherland,
S'. By some of yn I have lately reoeaved a ptast under j' hand dated August the
3J 1548, wherein y" ptend we have indireotJy entred the lymitts of New Netberland,
usurped din's plaoee in them, & have offered you many innries ; thus in gen'all & in
retferenoe to some yeares post, more particularly to the disturbance, nay to the utter
destruction of y' trade, we have lately set foote neere Mauritius Eyu' in that Province.
We doe truly pfesse we linow iioe such Ryn', neither can we conceave what Bynt
y„ intend by that name, unlasaa it be that wh the English have long & still doa call
Hndaons Kyu'. Nor have we at any time form'ly or lately entred vipon any place to
w=h y" had or have any knowen tytle, nor in any other respect beene inurious to yu.
It is true we have lately upon Fangaset Biu', wh foils into the sea in the midst of
,Gooi^lc
26(i NEW HAVEN COLONY EECOItDH. [1646
au aiiswcro to the same sent, and directions given to tliem
that keep the trading bowse. And it was fully & satisfyc-
ingly voted, that tlie Qonvt would mak good their titles here,
& at the trading howse, & leave the issue of things to God,
whateuer they may bee.
Nehemiah Smith's request was read, viz'' .
These are the propositions I thought meete in wrighting to
propowiid to yo' worp^, vpon w=h I desire land,
First, that I might have for myne owne propryety 20 acr.
of vpland &. 10 acr. of meddow.
2<ii)', that I might have it vpon that hill where I have made
a sheeps penne, of tlie 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 chardge will
fence it.
S'liy, also I desire when the sheepe doe returne, I may have
20 acr. more of vpland, & 10 aer. of meddow, for w^hout 20
acr. of meddow I can doc noe good w'h keepeiug the sheepe.
thase EngliEhplanlaoonB, built a small IionBe within of owne ly mills, many miles, nay
lei^es from the Monhattoes, iVom yo' trading house & from nny pait of Hndsons
Kyu', at wliioliws expect litOe Irads, but can compall none. The Indians being fl'ea
to trade wih y, ua, Ooneclioant^ MasBnolraseta or Wb nny other, nor did we bnild
there till we had first purchased a due ly tie &oni Ihe trae proprietors. What innriea &
outrages in our psous & eelates, at the ManhntCoes, in Delewaro fiyn'', &o- we Imire
reoeaved from y°, o' tbrra' lettera & protest doe both declare & pve, to all w=h y"
have hitherto given very tmsntisfyiiig answers, but wbaten' o' losses & Bufferings
have beane, we ooiiceava we hare neither done or returned anything, even to tiiis
very day, but what doth agree w'h the lawe of God, the lawe of nations, & w'h that
antJent oonfederacon & amity betwixt o' superiors at home. Sob that we shall read-
ily refer aH([uestlonB & dififerenoes hetwixt y" & us, even from first to last, to any due
hearing, examination & icdgemt, eii^er heere or in Engiani?, £c by these psents wo
doe refev them, being well assured ttiat Ms Ma"', if Sou'^aigne Lord Charles, King of
Great Brittayne & the Parlyament of Englaud now assembled will maynt^ne then
owne right & onr iust lyberlies Hgfunst imy whoe by uninEt incrochemt shall wrong
them or theirs, and that yo' owne principles, upon a due and mature consideraoon,
will alBoe sea & approve of tha rightuonsnas of o' pceediiigs.
New Haven in Kewe England T. EATON.
Aug. 12"! 1646. ould stile."
Eccords of the United Colonies, Sept. 16*6.
Vaa der Donok, as cited by O'Caliaghan, Hist. N. Ketherland, i. 3T6, says in allu-
sion to this post, " The English of New Haven have a trading post on the east or
southeast side of Magdalen Island, not more than six (Dutch) miles tonn the Horth
Biver; for this island lies towards the upper part of the North Biver, twenty-three
(Duloh) miles and a half higher up iian Port Amsterdam, on the east bank." Mag-
dalen Island is on the east side of Hndsons River a little below Eedhook, upper land-
mg, Dutches county, N. Y.
)yGoo»^lc
1646] NEW HAVEN COLONT EEOOEDS. 267
Also that it may be the liitherraost of the Oyster Eiver, & y'
I may cutt timber for fenceinge vpoii the common, by reason
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 abovcsaid request of Nehemiah Smith i
him according to his propositions in the close of his wrighteing
if it be accepted.
It was ordred that the surveyour should runnc the lyno on
this side Mr. DaTenports farrae, 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 appi'ehend is best & meet-
est, although not without inconveyniency to the subburbs
quarter, & deviding their lands, w^h was respited to furtlier
consideration.
At a Court held at Newiiaten the 1 Sept. 1646.
Bro : Bdw : "Wigglesworth hath sould his. bowse & home
lott vnto Samuell "Wilson.
Mr. Francis Newman hath sold his bowse & home lott, 13
acr, vpland w*hin two myle, & 4 aor. meddow vnto John
Herryman.
Bro: W"| Fowler informed the court that his bro, John
Caffinch had taken vpp a horse of his & did denny to deliuer
him vnto him, but said it was his. W" Fowler brought Mr.
Pell, bro. Myles, Hich'^ Marden & Mr. Gilbert, who informed
the court they tooke that horse to bee W" Fowlers, vppon sov-
eraU grownds.
Mr. CafTmch affirmed tho horse was his, and bi-ought Mr.
Newman, Ric^ Smolt, John Guernsie and Jn" Downo to
)yGoo»^lc
268 NEW HAVEN COLONY BECMEDS. [1646
iiiformc the court that the horse was Mr. Oaffinches vppouBeT-
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 Marden being fownd asleepe at the -watch-bowse
dore fyned 5^,
Hen, Bishop haveing in court ehardgcd Eic^ Pery witli
takeing a false wrighteing from Goody Ball & presented it in
court, w"li Eic' Pery apprehended a slander.
Richard Pery said that at his fii'st 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 theu
wi'ite it as Susans, & then he went againe & desired
Goody Ball to set hor hand to it ; he pulled out the wrighte-
ing & began to read, & desired her to deale truly, for som-
tliinge shee told him eoncerning her bro. EusseU, 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 Ball saith that that Wh was left out of the wrighte-
ing was, that Mrs. Eaton denyed, & he writ she had not done
it.
Further Bic* Peiy said he did not present the wrighteing
to the court, but left it at ho™, as he told liis wife he would,
& that because he would not lay himselfe vnder a temptacon,
&, lie said, indeed last court he had it in his pockett, but it
was his erro' & mistake.
The Go"^ said. Hen : Bishopp, the theing is whether you made
a right chardge in saying he presented a false wrightemg to
the court.
Hen, Bishop said he should prove that he said lie had a pap
in Ms hand & said, here is her testimony. Goody Ball testi-
fied that when she was speakeing Mr. Pery had a pap in his
hand & said here is her testimony, I took from her mouth.
)yGoo»^lc
1646] NEW HAVEN COLONY RECORDS. 269
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 o f Mr. Pery in coiirt. John Nf^h said he
was in the court & neare Mr, Pery, & I saw not nor heard
such words of Mr. Peiy. But the Go' said thus to Goodm^i
Bishop Tpon his speech, why doe you say soe, seing there is
noe pap p' sented presented to the court. And there was noe
reply made.
[165] ||Tho second part of the chardge was, Goody Ball
saith that Mr. Pery writ that Mrs. Eaton had not lyen w^li
the Governour, when he should Irnve writ tliat she denyed as
she said. Allen Ball saith that at Mr. Pery's second coining
he said that he had said it to several! that Mrs. Eaton denyed
to lye w'h the Govn^, but that would nothing advantadg
Mrs. Brewster. Dorithy Ball saith that Mr. Pery said, ho
would not denny that he said she denyed to lye, but if any
said that ho said she denyed conjugall fellowP, he must have
put y™ to prove it.
A wrighteing taken by Mr. Malbon from Allen Ball was
read m court.
Before they took oath the Govornour told them the waight
of an oath & wished them to be wary in it. Vpon some
speech of Mr. Pery's, tlie 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 mayfnot be tak",
first because she did not dcliuer it so in court, 2''ir because
she hath heard she will aiEroie a thing & deny it againe pres-
ently.
The court declared that they saw not that in what had binne
said w^h should hinder their testimonys, although Mrs. Mal-
bon hath jealouzyes that she will speak vntruth, yet can prove
nothing to disable her testimony.
* A slip of Uie recorder's pen for " Mrs. Pery," ns tlie context sliowB.
,Gooi^lc
270 NEW HAVEN COLONY BECOEDS. [1646
Alien Ball testified Tppon oatli, that his wife & Susan &
Mr. Pcry, heiog in the pynace, they were speakehig they m'^vel-
led such reports were ia the Bay about Mrs. Baton, his wife
answered she thought they were false ; saith Susan, Mrs.
Eaton would not lye w'h her husband since she was admon-
ished, but caused her bedd to be removed to another roomc.
but Mr. Fery writ, they lay apt, & left out, she refused, as his
wife had said. And this he acknowledged afterward.
Dorithy Ball testified vpon oath, that Susan said that Mrs.
Eaton would not lye with the governour since she was admon-
ished, but caused her bedd to be removed into another roome ;
so she told Mr. Fery, & he write they lay apart & left out she
denyed, & acknowledged when she came afterward that he
had left out refuse, & writ lay apart.
The contence of the court was that the cause must goe
against Mr. Fery, & he must pay the chardge of the court &
the damadge of Hen. : Bishop's attendance & his witnesses,
w'^h the court conceives from Henry Bishopps owne words to
be 10^ Allen Ball saith that the first time Mr. Peiy was not
ehardged w'h the thing in refference to Susan, but to hira-
selfe, but the second time hee writt it in refference to himsehe.
At a Court held at Newhaven tee 6'I> op Octobee, 1646.
Mr, W"" Tutle & Jeremy Watts compiayned off for sleeping
at the watch-howse. Mr. Tuttlo said he was overcome, &
Jeremy being centinell, sat downe onn the threshold & slept,
but confesseth his fault & hopes it shalbe the last. Mr, Tutle
was fined 2^ Q'^ & Jeremy Watts was fined S^, y^ court desir-
ing it may be a warning to them both.
Richard Harden wanting all armes save a sword, was fined
5^, he neglecting to vse due care to bee provided.
Samtiell Marsh was compiayned of for absence two trayning
dayes, but ho being seeking cowes, it being in the spring, y
catle being lyable to bo swampt, it was satisfyeingly passed by.
Allen Ball compiayned of for a defective tricker, but it
haveing passed so for three years together, & he promjseing
to mend it, was passed by. Also he was late on trayning day
)yGoo»^lc
1646} NEW HAVER COLONX RECORDS. 271
in the afternoone, he being w*!! his sister Pugill vpon her
depture it was passed by.
Hen. Gibbons, late in the afternoone one trayning day, his
aiiswero was his liead aked, & lie went into the meeting howse,
but suddenly came & treyned that afternoone. It waa passed
by, first because he was not well, 2 because Goodm" Banister
& Corp" Leavermore were intrcatcd by him to wak h™ .
Corp" Leavermore being late one trayning day in tlic after-
noone was fyned 1'. Also totaly absent on a squadron day,
wh was respited.
[166] 11 Caleb Seaman wanteing armes was fined 10=.
John Sackett & Henry Morrell for wanting rests were fined
6'i apeice. *
John Speede wanteing worm & scourer, fined 1^.
Henry Gibbons two squadron trayning dayes absent, once
fier in the lotts hindred him, for tlie fier had caught hold onn
the fence; the last day he was at Mr. Goodycars farme, for
wch he was fined 6^.
Samucll Mareh absent one squadron trayning day, fined
2^6''.
Ealph Loynes came late to trayning in April!, 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 answei-o
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 Me^s, absent the 14"| of June, was fined 2» 6'^,
but if he bring proofe that he ti-ayned twice in one fortnight,
the fine is to be remitted.
W" Blayden complayued of for nonpaym* of his fines, he
intreating forbearance one month longer, it was giveu him.
Thomas Blatchley havoing formerly given the court some
offence, & 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^li now lyeing on his
)yGoo»^lc
272 NEW HAVEN COLONY RECORDS. [1646
conscience, desirs to cleare himselfe, wherew'h the court was
Samuell Marsh was warned by Mr. Crayne, who had an
estat in his liand, & finding him defective in ordring it for
either 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. Crayne
chose Antliony Thompson, & Samuell Marsh chose Goodman
Myles, w% 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 satisfyeiug ahswerc.
Samticll Cahelis lock of his peice being defective, was
fined l^
Georg Banks, for wanteing a worme & scourer, 1% absent 3
sqxiadron trayniiigs fined 7= 6'^ & absent one Lords day fyned
2% 10' 6d in all.
Goodm" Johnson havoing a lott that was his brothers
desired to cleare to the court his proofe for what he possessetli,
John Punderson said he had almost forgott, but Samuell
Whithead & he heard Thomas Fugill expresse as ¥ the noate
Tnder his hand appeareth, viz'^.
When Jn" Johnson was p''parmg to goe to the Bay, he told
mee he had sould his howse & accomodations belonging to
it, vnto his brother (viz^) Eobert Johnson for the 40' he said
I knew he received in Old England, vpon condicon, that if he
should see it his way to come back & live here, tlien he might
have it, paying to his brother the said 40', & what chardges he
should lay out about it, or if hs brotlier sliould sell it to come
& live in the Bay, 40^ of the price he should keepe to himselfe
& pay the overplus to him, only deducting his chardges. Bnt
if the said John should not retume, & the said Robert his
brother should resolve to setle 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. Tharpe said his m' said to h"i his bro: was to have his
howso & lott, but if he returned he was to have it againe, re-
)yGoo»^lc
1646] NEW HAVEN COLONY EECOEDS. 273
turning to bis bro. wbat be bad of bi"*. By all w^^Ji, finding
as yet the proofe defoctiYO, the court determine notbing in the
case, wanting further light.
Tho'" Fiigill 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 BaU ■witnessed and a noat vnder Tho™
FugUs hand p'sented in court by Robert Jolmson appeared.
[167] At a Gen' Court held the Tti^ op Octobee, 1640.
The Governoi^ 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 badd,
Bro. Andrewes propownded that he might lay downe the
ordynary.
It was ordred to prevent that excesse of drinkeing, that God
may not be dishonered nor religion reproached, that wine &
strong watters, that wyne 8f strong waters bee drawne only at
tlie ordynary.
The neglect of finishing the pewes was remembred, & tliem
that should doe them & the chest for the pyks were desired
forthwith to dispatch them, that the seating of people may goe
forward.
It was propownded that helpe might be affoarded to launch
the shipp, for Goodman Paule informed the Governo'' that the
keele would rott if it were not launched before winter. Bro.
Leeke bad liberty to draw wine for them that work at the
shipp,
It was propownded that the marke of swine be broiigbt into
the pownder.
It was propownded that W'" Meaker might be loader to mill,
& it was ordred that for a 12 month he bind bimselfe to goe
in all seasons except Ynseasonable weather, & further it was
ordred tliat if any cary their owue 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 k weights, and sealing
)yGoo»^lc
274 NEW HAVEN COLONY RBCOEDS. [1646
leather, others are to be chosen, but vntil then they that are
in those imployments are to continew.
Bro. Eichard Mansfeild had libertye to dept the court.
Goodman Basaett, Henry & Joseph Peck desired to cutt
woods on the common, wch was granted, proTided it be accord-
ing to the approbation of the viewers.
Those that desire land to be layd out to them amongst the
small lotts were desired to bring in their names to the secre-
tary.
Edw. Hitchcocke propownded to the court for a dispensa-
tion of bringing his armcs on the Lords dayes, bee he bringing
his chUdreu was therby disabled of comming 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 traynings or watchings withoixt
powder and shott. It was therevpon ordrod that every time
men come to either, they bruig 4 chardges at least of powd'' &
shott.
Bro. Whitnell & bro. Russell promised to help about the
seats in Tho"' Morris h^ roome.
At a GenI Codrt held at Newhaven the '2Q^^ Octo. 1646.
Tho"! Wheeler had leave to dept the court because of some
Ingadgem's against y° 4'*' day next.
Mr. Francis Newman, Mr. Gibbai-d, Mr. Crayne & Goodm"
Uibbs were chosen deputjes for Newhaven monthly courts this
ye are eusewinge,
Mr, Jn" Waokman, Mr. Ezekiell Oheev^ s wer chos" deputyes
for the juriadicon geiierall court.
Mr. Joshua Atwater was chosen treasurer for Newhaven the
yeare enseweing.
Richard Pery was chosen secretary for Newhaven the yeare
euseweuig.
Tho™ Kimberly was chosen m^shall for the yoare enaewemg.
The ptiouler court of Newhaven, w'h Mr. Evanco & Mr.
Wackman were chosen auditonrs for the treasurers a
)yGoo»^lc
1646] NEW HAVEN OOLOHT RECORDS. 275
Bro. Davis k bro. Fowler were chosen surveyors of the
Hgli-wayos on that side the towne.
Ero. Cooper & bro. Mansfeild chosen survey's for the other
side of the towne.
Bro. Andrewes & hro. Abrah™ Bell were chosen viewers,
that noe spoyle of wood bee made in the commons, also that
they look to the taun", that wast he not made of timber by
barkeing it which may prejudice the towne.
Bro, Davis & bro Phillip Leek chosen view" of measurs,
as bushels, <fec.
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 ofiicer.
[168] At a Court op Elexion held at Newhaven for the
Jurisdiction the '2,^^-^ op Octoeer, 1646.
The worp' Theophilus Eaton Esqr. chosen Govenio' for the
yeare ensewinge.
Mr. Stephen Goodyeare chosen Deputy Govenio' for the
yeare enseweinge.
Mr. Gregson & Mr, Malbon chosen magistrats for Newhaven
y« yeai'e enseweinge.
Mr. Eowler & Capt. Astwood chosen magistrats for Milford
the yeare enseweinge,
Mr. Samucll Desbrow chosen magistrat for Guilford for the
yeare enseweinge.
Mr. Andrew Warde chosen magistrate for Stamford for the
yeare enseweinge.
The worpi Tlieophilus Eaton Esq. <fe Mr. Stephen Goodyeare
chosen commissioners for this yeare enseweinge.
Mr. Atwater chosen treasurer for tliis yeare enseweinge.
Mr. Leete of Guilford eliosen secretary for the jurisdicon
for ye yeare e
)yGoo»^lc
276 NEW HAYBN COLONT RECORDS. LlbiO
Tlio'n Kimberly chosen m'shall for the jurisdiction for the
yeare enseweinge.
At a pertiouler Court held the 3"! op Novbm: 1646.
Leiut, Robert Seely hath sold his howse & howse lott in
towjie vnto Jn" Basset w'U 2 acres of vpland out of his first
devizioii; wh 2 acr. is 8 rodd in breadth & in length runneth
erosse from the high-way hetweene tlie suburbs quarter & Mr.
Lambertons quarter, to Mr. Mansfeilds lott that was, & be-
tweene W™ lues and ^
Caleb Seaman desired his fine might he remitted for defect
of armes, he going shortly for England, & vpon his request it
was remitted, pvided he goe for England.
Edw: Chipfeild promised to pay 3' or 4^ the nest week in pt
of about 51 he was ordred to pay to the towne for W'" Hardy,
& promised paym* for the rest in the spring, wh. the court ac-
cepted. Also a fine for absence one trayninge he was excused
from payment of, he being a burning bricks, wh if that time
had not bin improved, it would have inforced him to have
i it on the Sabothfolloweing.
Ai- A Coga'r held at Newhaven the 1 Jan. 1646.
Bro. John Leavermore, brotlier Adam Nicholcs, bro W"'
Fowler and Mr. Tho™ Pell, being warned to the court & ap-
pearing not tliemselues nor by deputys, were layd vnder con-
tempt of the court.
At a GbnH Court held the 4. Jar. 1646.
The Governour pi-opownded that considring rates had bin
made & levied on each plantation in this jurisdiction & sallerys
presumed that at Hub time te liad left Oia town, from tJie excuse made by Allen Ball
for late coming on & triuning day, page 271.
It ia pi-obnbls, however, that Richard Pary was appointed to snoceed in tJiat office
also until tJie next Election Court, for his signature as ' Secretarie' ia affixed to the
cerUfloate of tie choice of Commissioners for the irnitad Colonics at this time, Ihe
original of which is preserred among the arehiTes of Maasaokusetts,
,Gooi^lc
1646] NEW HAVEN COLONY BECOBDS. 277
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 brotlier Lampsou & see
what his estate is, & to consider what proportion he is able to
beare of the charge of maynteyninge his wife.
Bro: Eobort Hill reel the chardge of a freeman.
It wf^ ordi'ed that the perticnler court w^h the 2 deacons,
takeing in the advice of the ruhng elder, should place people
in the scats in the meeting-howse, and it was alsoe ordred that
the gOYerno'' be spai-ed herein.
It was now ordred that the former orders made for swyne
& fences remayne of force, & that if swine be vnyoaked &
vnrunge & goo into any feild, the fence lyeuige 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 the fences finding fences
defective & waminge 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 &
Ml'. Oaffinch shall look to the layeing out of the fence in their
quarters to tlie absent lotts, according to their proportions.
The contribution for the coUedge was renewed & bro. John
Nash & bro. PhilHp Leek chosen collectors for the same.
Bro. Andrewes had for his inconradgement liberty granted
him to put strangers horses in the Neck.
It was ordred that tliey that already have or desire land
among the small lotts bi-ing in their names & quantitjes w^hin
a month to yf secretary, or eis thoy are to loose tlieir lands.
)yGoo»^lc
278 new h4ybn colony records. [1646
[169] At a Court held at Newhaven the 6'^ op Janu-
ary, 1646.
Ml'. 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 Leaveimoie confessed that lie was warned to the
court, 2 couits snioe, Irat some fence being downe he went to
set it vpp iS, thought to have bin time enough, but comming
about Mr. Gugsons bowse he saw the court was broken vpp.
Bro. Adam Nichols said he forgott it vntill it was too late.
Both for then contempts were fyned 10^ apeice.
Bro. Adam Nichols was fined for want of wornie & scourer
Is.
Mr. Caflinch alleadged that he had bin brought into court
about a horse formerly owned by his bro. W™ Eowler, but now
bro. IFowler hath fownd his owne & seeth he was mistaken,
but as ho suffred therby in the court, so now ho sought right.
Bro. "W™ Fowler answered that he did not mtend his bro.
* Mc. Edwavd Teneli's -will, Plantar in Qninjpiook and his dear wife Sarah Tenoh
lying iu the honse witli him dangatously sick and much wasted by a oonanmptioQ —
oonfinna certain small legacies, pact given by his ivifo and pact added byhimaelf and
all contained in a schedule annexed — He giTesto his wife onahalfof ihe cemaindBr of
his ithole estate, whether here or in Old England, and the other half to his only son
Nathaniel Tenoh, now about five years of age— If his wife dies before himself, hia son
to have his whole estate, and makes his said son Nathanial asecntor — If his wife should
die before himself he entrusts his son both fbc his education and the ordering and im-
proving his estate till he becomes 21 years of ago, to the wisdom and care of the churah
of Christ gathered and settled at Quinnypiocke, wheceunto Mc. Davenport is pastoc,
upon whose love aod faiththlnees in accepting and managing this Ms desire he quietly
reels with assurance and satisfaction to his spirit. — If his wife die, and her sister come
over into these parts and should desire to take Ms son haok to Old England, hia ex-
press will is that his son return not, but contiime with, and be brought up by the
forenamed chncch of Christ— If his son die before he is 21 yencs of age, he ^ves one
half of his estate to the ti'easucy of the forenamed church, and the other half to hts
brother Francis Tenoh and to his children. Witnesses, Henry Brunwui, WUlm.
Jeanes, Tho. Fugill, 13th February, 163» — Inventory taken by Thorn. Gregson, Rob-
ert Newman and Mathew Gilbert the 19th Feb. 16S9, amount ^40fl, 3, 8.
Debts oweing to Mc. Tench when he dyed. The mayds tyme £6, 2, the mans time
;£10. Mr. Alcok owed £6. Thorn. Marshfeilds Connt £S.
Debts owing by Mr. Tenoh when he dyed as followeth, To Goodie Pigg's wages JSZi
ia the bricklayer £1, i, 9, to Mr. Poll £0, 16, to Mr. Higginson £0, 19, S, to Goodman
Whitnall M, 14, to 31r. Walters £1, 4, 6, to Mr. Grigson £3, 13, to a Coneoticott man
i£i, 17, 6, to Mr. L^ighara of London £i, to John Brocket foe mesniing land £0, 8, a,
to Mr, Delingham, London, £W.
)yGoo»^lc
1646] NEW HAYEN COLONY RECORDS. 279
Caffincli any wroiige, but he refuseing to end it privatly caused
Mm to doe it, but now acknowledged he had done his bro.
Oaffinoh wronge. The Governo' demanded of Mr. Caffinch
whether he looked for any more the reperation in his name,
Mr. Caflinch 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 aiiswere Mr. Caffinch for defaming
him in sayeing he had gotfc his brothers horse, & said he would
lay 5^ of it. Roger AHen said he remenib''s Mr. Pell going by
asked whether Mn Caffinch was showeing his bro. Fowlers
horse, but Mr. Caffinch not being able to prove his cliardge
because of want of proofe, hoe was nonsuited.
It was ordred, w'h the consent of Edward Parker & his
wife, that Jn" Potter should be put an appi'cntice for 8 yeai's
from the first of August past, vnto Roger Allen, for to leame
him his trade &, to give sutable apparell & 5= at the end .of
his time.
Luk Atkinson was chardged w'h defameing Mr. John DaT-
enport, viz''.
First to Ric^ Osborne hnk Atkinson questioned whether
this church is rightly constituted, and tins aii%eth fiom some
pticulers falling out, not in respect of the membeis of it, for
he judged them faithfull, but somthing ui lespect of h"iselfe
and others, as one thinge Mr. Davcnpoit should speak & Mr.
BaTOnport denyed it, although Luk Atkinson affh-med it & two
more with him.
Silly to Richard Osborne he said that if tilings were carryed
soe as he conceived them to bee, & as takeing vp things of
others that he had spoken with, he conoeives in all probabjhty
this church cannot stand long without some breach.
Q^h, to John Speede he said that Mr. Davenport had said
that w^h afterward he denyed, w«h two more with himselfe
could witnesse.
To Eichard 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 Sl'ii Le^dt. on the
Lords day, Mr. Davenport spake against himselfe. Richard
)yGoo»^lc
280 NEW HAVEN COLONY RECORDS. [1640
Osborne demanded wlierein, Luke Atkinson answered that as
he is a pastour o? & of a church, he ought not to lay any
vnder vnjust scaiidle as Mr. Davenport had done him, layeing
his name vnder hlame vnjustly.
To Richard Osborne he further said, that Mr. Davenport
said he had noe pt in the trade at Delaware & therevpon
could make noe promise, & yet after, Mr. Davenport said that
he had part in the trade. All these perticulers as concerne
Mr. Davenport, Lnk Atkinson related vnto John Speede.
Also all the above wi'itten Luck Atkinson acknowledged hira-
selfe to have spoken vnto Eichard Osborne and to John
Speede, & now againe repeated them vnto Anthony Thomp-
son, John Clark, Eichard Osborne & John Speede,
Before these psons spoke vnto Luke, they advized him to be
very wary what he expressed, for he must look to he called to
answere it. He answered hee expected it. In conclussion in
reading all the pticulcrs 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 & thought ho
should answere them.
Mihill Palmer saith Luke Atkinson chardged Mr. Daven-
port w'h vntruth.
[170] ||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, & Jn"
Meggs chose Mr. Goodycare, & Mrs. Turner Mr, Malbon.
Mr. Fell pi. ) ]?or 50' he should pay Mr. Atwater ^
Mr. Caffinch def. j order of his bro. Samuel Caffinch, the
wch hiU was turned over vnto Mrs. Luce Brewster. Mr. Caf-
iinch not tendring sutable pay, he was warned to court. But
in finf , both were uitreatcd by the court to put it vnto arbitra-
tion, & Mr. Pell chose Anthony Thompson, & Mr. Oaffinch
)yGoo»^lc
1646] NEW HAVEN COLONY EEC0ED8. 281
ehose Mr. Tutle, wlio wer added viito Mr. Francis Newman
& Mr. Crayne to issue it.
The court see cause to judge tlie debt dew from Mr. Oaf-
finch, but leave tlie prise of come unto the arbitrators, as
also the prise of cattle, thinking it meet they he not yallued
to the worth of tliem at present, but somwhat vnder. And
Mr. Caffincli is to present that wherhy it may bee issued w^hin
this we eke.
Richard Marden requested the court to remit hia fine, of 5«^
he haveing vsed his indeuo'' to gett armes, & haveing ill som-
time since he has bin free, halfe Ms fine was abated.
It was ordred that if bro. Wigglesworth call for an execu-
tion against Mr. Mullyner because he attends not the courts
order.
Goodman Walker released from a squadron fine, because
his wife being ill & in very great payue, she was forced to
send liiin seeke for Mr. PeU.
John Evance informed the court that he had comitted the
chardge of a shallopp, on a voiadge to Giiilford & Seabrooke,
& backe againe to Newhaveii, to Jn" Charles as m' of her, two
others not fit for such a trust being vnder him in the vessell,
& at his comand & appoyntra^ 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"'selfe & others were lost, alt wh, w^h the
shallopp, a boate, &c. & other chardges occassioned therby, he
vallued at 100', & desired lie might be repayred according to
right and justice. He further acqiiaynted the court that at
the first hearing of the said losse, he app^hended it as an
afifioting providence of God immediatlye sent for his exersise,
but being since fuUy informed of the forementioned negli-
gence, he questioned Jii*" Charls about it, & by their mutuall
consent j" matter was refferred rate 4 arbitrators indifferently
chosen by y™ the said pties, being men y' have long bred the
sea & are well experienced in such cases. That tliey bownd
themselves by assumpsit in 100' to stand to y° award they
should make in y« case, & if they agreed not, then to the
)yGoo»^lc
282 NEW HAVEN COLONT BECOBDS. [1646
award of any other man whom y= said arbitrators should
choose as vmpire therin.
The said arbiti-ators not agreeing, Rohert Martin, marryner,
was by their joynt consent chosen vmpiro, & vppon a full
hearing of tlie parties w'h their allegations & proofes, had in
wrighting vnder his hand, giTen h^ judgment & award that
the shallopp, boate &, goods were lost by negligence & ought
to be made good to the owners, but the s^ Jn° Charles refusse-
ing to stand to the award, he the said playntiffe was eon-
streyned to crave y^ help & justice of this court.
Herevpon a wrighteing made by the said 4 arbitrators,
wherein they choose Robert Martin vmpier, & another writting
made by ye sd Robt. Martin, as his awarde & vmpieradge in
the cause, were read in court, the contents being as followeth,
These are to certiiie those whom it may any wayes conceme,
that we whose names are vndcr wntten, being chosen arbitra-
tors betweene Mr. Jn" Evance on the one side & Jn" Charles
on the other, to end a difference betweene the foresaid parties,
& not able to end the same by reason of some difference in
our app'hensions, did thinke it meete to make chojse of Rob'
MaiMin 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 onr mutuall consent, to w<^h
agreem' the afforeaaid Mr. Jn° Evance & Jn.° Charls did bind
theniselues in an assumpsit of lOO' sterling to stand to the
agrem* of the foresaid arbitrators or the afforesaid vmpiere
chosen by vs. In witnesse whereof wee have hfvnto set our
hands the 24"' of November 1646.
DanieU Paule Tobias Dimocke
George Erost Daniel How.
As concerning the looseing of their boate Jn" Charles saith
their boate roape was rotten, Ralph Loynes speaks to Jno
Charles to make fast another roape vpon tlie boate. It w^
not don, the boate was lost through neglect. As concerning
their lyeing ashore w'hout an anchour lyeitig off, to haule off
by when they saw occassion, was a neglect. As concerning
their lyeing ashore when they had all their goods aboard,
haveing 3 tyds before the stoi-me began to haule off, was a
great neglect. As concerning the leaveing the boate when
they had hawled off, was very unsafe, soe tiiat I cannot vnder-
stand nor see, but both boate & goods were lost through neg-
)yGoo»^lc
1646] NEW HAVEN COLONY RECOBDS. 283
loot of what might have bin done, & they must stand to their
courtoysie that oweth both boate and goods.
Robert Martin.
John Oharls being dcmaunded whj he did not submitt (ac-
cording to h^ ingadgem') to the awarde & vnipierad'go of tlie
said Eobert Martin, affirmed he had noe chardgo of the said
voasell, nor was any of the companny ; that he went volluntar
ryly in lier to Guilford, haveing some oceassions of liis owne
there ; that the shallop was lost for want of due provizions,
haveing but one anchour and cable, & j^ boate (by ye failing
[171] of yB boate roape) was lost {{ before, so that in
the storme they could not carry out their anchour bo farr as
was meete, & tiU the cable broate, the vessell roade safely.
Being demanded whether he would yet stand to the arbitra-
tion, or refferre the whole cause to the heareing & judgement
of the court, at length by mutuah 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
governo'', & deputye governour, being both interressed in part
of the wine lost, and leaveing their interresse to be pleaded by
& issued w'h that of Mr. ETance, desired liberty to rise, that
they might neitlier judge, speate, nor sit in court, while a
cause wherein themselues were concerned was in hand, w^h
was g
The plaintiffe aSirmed that he at first intended & appoynted
S'^jt Jefferies to goe ma' of the sd vessell or ahallopp for this
voiadge to Guilford, Seabrook, & back to Newhavon, but Mr.
Orayne, Mr. Wackman & Mr. Atwater, intrusted as feoffees
for the building of a ship at Newhaven, desired y' S^jt Jefferies
might be spared to goe to the Massachusetts about rigginge
& other oceassions concerninge the said shipp. The plaintiffe
answered ho could not spare him, unlesse som other man
were pcured to goo ma'' in S'jt Jeffrejs roome, & mentioned
the defend' to them as fit for that service. Heiwppo they the
said foefees, spake to Jn" Charles about it, he tooke time to
consider of it & at last yealded & went, though S'jt Jeffreis
(not sent to the Massachusetts,) was after free & willing to
)yGoo»^lc
284 NEW HAVEN COLONY EECOEDS. [1846
returne to his former chardge, & to goe maf of the said shal-
lopp, & SO told the said Jn" Charles. HcreTppon Mr. Jasp
Crayne & others were called to give in their testimony, & vpon
oath they severally declared as followeth,
Jasper Crayne vpon oath testiiied that h™selfe & some other
of the feoffes f^ked Mr. Evance -whether he would let S'jt Jef-
fei^s (who was ma^ of the foresaid vessell,) goe a journey into
the Mattaehnsetts Bay for them, Mr. Evanoe answered hec
could not spare him vnlesse they could gett Jn" Charles, here-
vpon the said feofees spake w'h Jn° Charles to goo in Mr.
Bvanee his boate, in S'jt Jefferies roome, hecauae of some
occassions they had to send S'jfc Jefferies to the Bay, who could
not be spared vnlesse he (the said Jn" Charles) would goe in
his roome, hut at tliat time Jn" Charles gave them noe dh'ect
anawcre, but said he would consider of it.
John Wackman vpon oath testified that h^iselfe & other of
tho feofees haveing had speech w'h S'jt Jeffrejs about goeing
to the Bay, they asked Mr. Evanco whether he could spare h™,
Mr. Evance told them he could not carry on his dosigne 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 wh S'jt Jefirejs was to goe
& mentioned to h™ the takeing off of S'jt Jefferies vpon
another uuploym'. Jn" Charles took timo to consider of it ;
after, tliey the feofees meeteinge w'h Mr. Evance asked h™ if he
woiild let Sfjt Jeffrcs goo, he then said he would, for he had
spoken w'h Jolm Charles.
Joshuah Atwater not remembroing he was w'h tho otlier
feofees at their iirst conference w'h Mr. Evance, vpon oath tes-
tified, that after meeteing w'h Mr. Evance, they asked h'"
whether he was willing to release S'jt Jcffrejs, Mr. Evance
then answered he was willing, for he had spok" w'h John
Charles.
Henry Bruuwin vpon oath testified, that goemg along in
comp'^ w'h Mr. Evance, they mett w'h Mr. Wackman & Mr.
Crayne, who desired Mr. Evance to release S'jt Jofferies that
he might goe to the Bay for them, Mr. Evance was not then
willinge, but comming to Corporall Leeks howse, and finding
)yGoo»^lc
1646} NEW HAVEN COLONT RECORDS. 285
Goodm" Oharls there, Mr, Evancc made a motion to him, w'^h
to the best of the deponents remembrance was, to goe in the
roome of S'^jt Jetfrejs to Guilford & to the Rivers month
(called Seabrooke,) Goodm" Charles told him the feofees had
spoken w'h h™ about it, & hee would consider of it, wherc-
vpon Mr. Bvaiice after meeteing w'h the feofees, seemed will-
ing to let Serjeant Jcfferiea goe.
Phillipp Leeke vpon oath testified, that at his howse Mr.
Eyance spako to G-oodm" Charles to goe in his vessel) in the
roome or stead of Soai^jeant Joffreia. Goodm" Charles ans-
wered, the foofeos had spoken to h™ about it, but what further
answore Goodm" Charles made he remembers not.
Serjeant Thomas JefEreis vpon oath testified, that the morn-
inge the boat was to goe, he went vp to Mr. Evance bis howse,
& asked him whether the boate was ready to goe, he remem-
bers not Mr. Evance his aiiswere, but he the said Tho™ Jef-
freis went downe to the watter-side, purposeing to goe the
voiadge, but finding Goodm" Charles there, he asked him
whether ho went the voiadge in Mr. Evance his boate, Jn"
Charfs told him he did goe, they had spoken to h™ to goe &
he was to goe, & this doponant 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 coiiiand, 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 gocing
to Mr. Evauce 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 tako chardge- Mr. Evance answered,
take you noe care, Jn" Oharls or Serj' Jeffi-ejs shaJl goe along
w'h you ; & this depon' further testified that Jn" Charles did
helpe to stow tlie salt ; that in the voiadge he accounted h™ as
master; & y' hniselfe & Ralph Loynes did what he the said
Ju" Charles commanded them, & that Mr. Evance, being at
the boate^ide when the boate was goeiug off, said Ralph
Loynes had the wrighteing wherin was tlie order for y* deliu-
[172] ery of salt, lading aboard & taking of pease ||at Giiil-
,yGooq)c
286 NEW nAVEN COLONY RECORDS. [1646
ford & other businesse to be done at the Rivers mouth, &
Uoodm" Charles was in the boate, but he cannot say Mr.
Evance tlierein only directed his speech to John Charles.
Testimony being thus farr given in to prove Jn" Charles
mar, he pleaded for himselfe that he went in the said boate i^
a freeman, takeing noe chardge vpon him, & that the said Jn"
Evance made noe agreement w'h bun for voiadges. Mr.
Evance answered that he had imployed the said Jn" Charles
2 yoares together, in wh he made scvcrall voiadges as m^ ;
that he only agreed w'h him for wages tlie first time, & bad
ever after allowed him the same wages vpon account, whcre-
w'h the said Jn" Ciiarles was content, <fe the same wages
might now justly have bin demanded & must have bin allowed,
but there had never passed any speech of Jn" Chai-les his goe-
ing in the boat as a freeman w'hout wages, nor could it in
reason either have suited the occassious of the plahitiffe, or
the calling & course of the defendant, being a seaman. Jn"
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 bee
was a man well fcnowne not to be so free of his sea labour, as
to goe forth vpon a voiadge as a freeman w'hout 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 Dimocke & Rob' Martin, marryners, & both
now or lately mti's of sliipps, being present were desired to
expresse what they apprehended in the case.
Mr. Dymock testified that when he came from Pequott, lio
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 h™ the manner of their comminge to
the Rivers mouth, & how the vessell was cast away ; naraly,
that they came in tlie sixth day of the weeke & tooke in 3
pipes of wine, & the next day tooke in the rest, and on the
second day of tlie weeko, called Munday, they fetched aboard
an anchoiir they were by order to receive there, & they lay
agrownd at the wharfc from the second day till the fowrth
)yGoo»^lc
1646] NEW HAVEN COLONY HECOBDS. 287
day at noone, all Wh time liei- ladeing was in her, and when
the storme came, they carryed out an anchonr as farr as they
could from the shore, but the storme heing then great, they
could not carry it farr enough, and Mr. Dymock thought the
hoate did not ride ahove a quoyts cast from tlie shore, &
they haveing rowsed vp vpon the roade, could not gett her fur-
ther oif, & both Jn" Charles and the other two seamen went
on shore & left the boate, & somtime after, the road braobe &
the vessell drove omi shore.
The court for Jn" Charles his better satisfaction desired Mr.
Dymoeko to declare his opinion, whether one shipt in the
roome or stead of a ma' of a vessell heo not really the ma' of
the said vessel! & so to he accounted. Mr. Dimoeb answered,
that if any one were shipt in the roome of a master of a shipp,
& had his 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
Jeffreis roome, was master, & he thought Jn" Charles in his
owne conscience thought h™selfo ma', & would have required
masters wages if he had returned safe.
The court wished Mr. Evance to proceede & make proofe
that the boate <fe 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 afdrmod that they went
hence on the 3'* day of the weeke in the afternoone, the winde
then westerly, that he thought the skiffc roape stronge enough,
yet against Thimble Islands she brake away, & they came to
an anchour til the boat came vp to them, then tliey 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"
Charles brought the vessell into the place where they should
lye, and this depon' to the best of his remembrance asked
Goodm" Charles whetlier he would goe into the towne, & he
said no, y" Mr. Evance his directions were given to this depo-
nent by Ralph Loynes, whether it were because Goodm"
Charles could not read he knoweth not, the next day some of
)yGoo»^lc
288 NEW HAVEN COLONY EECOBDS. [1646
their salt being delinei-ed and tlieir pease taken in, they set
sayle. The next day by noone they came to the Rivers mouth,
came to the wliarfe, vnloaded the rest of their salt & tooke in
3 pipes of wine, & the last day of the weeke tooke in 4 pipes
more. Tpon the second day of the weeke they gott aboard
an anchour they were by order to receive there & to bring to
Newhaven ; at night they heard of a slciffo was cast ashore at
tho corne feild poynt, told Goodm" 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 tliey brouglit ockham &
caulked her. While they were at worke about her, the winde
on a sudden fell caime, then Goodm" Charles said we wilbe
gon, we shall have an easterlie winde, but after, their arose a
storme w^h increased, but they returned before the vessell was
afioate ; they did what they could, but had neitlier 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 aiichour as farr as they could for the
storme, then tlieyrowsed vpon the boate roapeand sett off w'h
their oares, and gott her afloate, & laid her offe as farr as they
could, then they came all on shoaro & left her, and in the
night the road brake.
Jn" Griffin being farther questioned about the losse of tlie
skiif & otlier passadges, vpon his oath aifirmed, that ther was
£tn old cable & a taole aboard, wh might have binne made fast
to the skiffe to have saued her. Secondly that the vessell lay
agrownd '& noe anchour off, three tydes after sho was loaden,
before the storme began, & that the reason of their leaveing
the vessell was because they were wott, & j^ Dutchmen said,
what will you doe starveing here, it were better for you to goe
on shoare.
John Charles alleadged that tho said Dutchmen had testi-
fied before the governour that the vessel might have bin saved
had she had another anchour & cable, the governour confirm-
ing tlie same withall informed the court, that he had advized
Jn" Charles that Mr. Evanee might be present to beare what
they could testifie vpon oath, but they came noe more.
[173] jl Leiut. Joseph Godfrey vpon oath testified, that the
)yGoo»^lc
1646J NEW HAVEN COLONY REGOEDS. 289
Dutchmen in his hearing told Mr. Bvance, they apprelieiidcd
Jii" Charles his neglect lay in Ictteing the boate lye so loiige
loaden ashoare, til the storme was so great that they could not
carry her off so farr as she should have bin for her preserva-
tion.
Sei^cant Jeffreis vpon oath informed the court, that seamen
vse there to dropp or let fall an ancho'' hi the ehaunell, for it is
a dangerous place to ride at the wharfe ; that if there had bin
an aiichour dropt at their comming in, 20 or 30 faddom off,
that the cable might have had scope, it is hke it would have
held; that if the vessell had layne 20 or 30 faddome farther
from the shoare, though the cable had broak, as the whide in
the Btorme wa^, they might have gou 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 foresaylc.
Herevpon the court asked Jn" Charles whether h'"selfe, (if
proved ma^ of tlie vessell,) must not conclude there was a
greate neglect in him. He answered that if he were ma', he
must confesse their was a great neglect, but he still pleaded
that if the vessel! had bin provided w'h 2 cables & aiiohours,
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 5
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 neeessaryly followeing, being rated w% 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 poured in his roome, that the treaty w'h Ju." Oharls
37
)yGoo»^lc
290 NEW HAVEN COLONY RECORDS. [1646
in this buianes, the time he tooke for consideration, & 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, &
thereupon could not take chardge, that Sei^' Jefirejs not goe-
ing to the Massachusetts would have returned to his place of
maf 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™ to be ma'' & were at his comand, & considering w'hall,
y' what Jn" Charls p'tended about hs going as a freeman in
the said voiadge, & about wages, is in itselfe vnreasonable &
w'hout any proofe at all, the court, in refferenee to the sen-
tence foUoweing, concluded him to be master.
Secondly by the evidence given in conceminge the neglect,
y= court did find that Jn" Charls had not improved his owne
skill, nor exersised the ordynary care of a man takeing
chardge, for p^servation of y« vessell & goods.
For first, haveuig lost tlie 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 sliould re-
quire, & the vessel! might have ridd more safely, & the cable
w'h more scoape might have held better, & if it had broke,
they might have set sayle, &, as the wynd stood, might have
runne vpp the river w'hout difficultye.
Secondly, he suQ'red the vessell to lye agrownd at the
wharfe, though all her lading were aboai'd, from y^ second
day to the fowrth day at noone, & though the weather were
faire, carryed out noe anchour to secure her.
Thirdly, after the storme beganne, & that they had hawled
the vessell a litle off from slioare, the storme contineweing, &
the vessell in danger, haveing but one anchour out, & that
litle scoape, yet himselfe & the other seamen did all forsack
her, leaveing noe man to prevent, or prevent in time of dan-
ger; but as the stdd Ju" Charles himselfe confest, there went
eomtimes one, somtimes another, from ye 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
)yGoo»^lc
1646] NEW HAVEM COLONY BECORDa. 291
have vsed means either to have saved 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 Jolm Charles whetlier he could chardge
the seamen, or either of them, w'h any miscariadge in their
places, that part of the damadge might he layd onn them, but
he objecting notheing against them, the court adjudged John
Charles, for his grosse negUgence, & vnworthj carryadge in
Bueh a place of trust, to pay Mr. Jn*" Evance, for h™sclfo & the
other interessenta, threescore & seaven pownds, besids the
ordynary court chardges, in reffcrenco to the pticulers before
mentioned.
Mr. Evance vpon the sentence thus given, moved the court
that he might havo an execution granted, because Jn" Ciiarles
is shortly to goe to Virginia & thence to England, But tlie
court being slow to grant execution so suddenly, John Charles
of himselfe told Mr. Evance in court, lie had 36' or 88' in his
owne hands already towards it, & he would tat order w'h Mr.
Gilbert to pay the rest, wherew'h Mr. Evance was s-
[174] Ar A GenI Court held the first Eebr. 1646.
Mr. John Evaucc & Theophilus Higinson had liberty to
dept the court.
The orders of the last Jurisdiction Gcnnerall Court ^¥ere
now read.
It was propownded that those planters, howseholders &
sojourners, would give in their names, who desu'e to have their
seats in the souldiers seats, ingadging themselues to bring
their armes constantly, to all publicque meeteings for the
worP^ of God.
It was ordred that the military officers should meete forth-
with, & chuse 32 psons fit for the forementioned service, &
send for them & speake w'h them, & see whether that they be
wiilinge 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
)yGoo»^lc
292 ^fEW haven colony bbcobds. [1646
themselues in a former order, about corporals assisting the
seijeants in the esei'sise of their squadrons. And it was
ordi-ed that the, corporals doe assist the s'jts in that exersise.
It was ordered that the Neck this yeare be imployed as
formerly.
It was ordred that bro. Myles, bro : Coop & bro. Benham, or
Edwai'd Chipfeild, as a committee &om this court, speakc 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 have 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 Hie court concerning it.
It was ordred, that another view be made by bro. Wack-
man & bro. Myles their quarters, & that those of tlie quaa'ters
goe along w'h the viewers.
It was ordred that the court w'h Leiut. Soely, consider what
p'rivelidges may be meete to allow seamen, w'h refference to
watchings & traynings.
Bro. Beamont had liberty to exchaiig 2 acr, of land at the
It was ordred that the rest of tliose deputed to scate 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 w'hin 8 dayes.
Liberty was given Mr. Stephen Goodyeare to brew beai'e for
this towne, all others excluded w'hout tlie lik liberty & con-
sent of the towTie.
Vpon view of some meddow at Mr. Goodyears farme, it was
granted hee might take it for the lik vallew of vpland.
Bro: Lampson was fownd able, & exprest himselfe willing,
to pay B shill. ^ weelto, from first to last, towards the maynten-
ance of his wife, till the covirt 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-
)yGoo»^lc
1646] new hayes colony eec0bd9. 293
At a Court held at Newhavbn the 2'' Fbbe. 1646.
W™ Meakei" informed the court that 7 pecks of meale he
liath 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 mcale, vntiU tlie court se cause to order it to the
partyes that did loose by SamucZl Daighton.
Geo: King ehardged w'h blasphcaming the name of God by
curseing, James Heywood said ho heard him swero by the
name of God, & told liim the danger of such a course, & since,
he hath heard him sweare.
Thomas Morris affirmed he had bin told of swearing aboard
the ship, & since, ^ since, swore by the name of God, aboard a
Dutchman, & ho told him of it. The oath was a by God, Geo.
King confessed he spak the words.
[175] II The GovernC told him that when the son of an
Egiptian blasphcamed the name of God it was not borne. Its
the peircemg through the name of God in passion, w^h is a
high proTokation of God, whereas the rule is, let yor 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 boared through tlie tongue, other have bin in the stocks &
their tongues in a cloven stick. But hopeing this was not
dispitfnlly don, the centence of the court was, that he should
be whipped, and in the interim be kept in the marshals hands.
John Meggs uiformed the coiirt, ho had received much
damadgo in a parcell of hay by Mrs. Turn^s cattle, about 4
load.
Mr. Gilbert witnessed that he saw Mrs. Turn''s cattle ^
times at G. Meggs hay.
W" Wooden informed the court that 3 times he fetched
cattle thence.
Mrs. Turner replyed, the cattle gott in at som fence being
downe, & dry catlo had bin in the meddo, 100 at a time.
James Till said, he has seene 3 yonge catle 2 or 3 dayes to-
gether, & 3 cowes at once from morning tiU night, at the hay.
Goodman Andrewes and Goodman Cooper, being at Mr.
Gilberts farmo, were desired by Goodman Meggs to goe see
)yGoo»^lc
294 NEW HAVEN COLONY EECOBOa. [1646
the hay, & by others relation of what it had bin, they judged
that 4 load was stroyd, Goodman Ooopor had formfly seene it
when there was litle losse, &g. The centenco of the court was
that Mrs, Turn"" pay Jn" Meggs 3 load of hay, or SO^ equivalent
vnto it.
Ric^ Beech mformed the coiu-t that his coz™ W" lies had
done some work for Mr. Mullyner, & several! times lie had
desired to have had it issued hut he hindred it, & now latly he
refusseing to make payment for what was don, he had him
warned to the court to answere it.
Mr. Mullyner told Eic^ Beech, if he would prove tlie har-
gaine & pformance of t he woul 1 1 ay 1 m
John England s 1 he w to vude j n h s 1 owse make a
backe to a chimney ston a veil & t the tons for three
pownds ; hut to his knowle It, 1 e had oe tm e t h m for
the doeihg of it ; 1 e 1 en g at wo k at M Shu a s whose
necesjtj was very g eat 1 e det. ed W"" II s to et on e boddy
els to help h™, but n fi e sever U t n e tl ey can e t things
were not ready, & wl e tl ey hid do 1 ho v e ^ In ost fin-
ished the well, insomucl tl at there wi 0 n 1 e w ter, 7
weeks after Michaeln a afte tl at Jn E glan 1 vould have
put a caske in the bottom, &, dugj^ it dcepoi, but Mr. Mullyner
would have pswaded him the spring -were risen 2 foote in the
well, when it was otherwayes in Goodm" Wards well, as was
tryed, & he hath held them of w'h delayes, that it is yet
vnfinished.
Edward TredwcU 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,
filled.
The centenco of tl e o i t was, that Mr, Mullyner pay 55=
vnto Jolm England a d Rii> Beech, (and that he pay 5^)
besids the chardgea vnto them J i" England finishing it,
Theophilus Hig naon 1 ath sold 8 acr ^ of vpland vnto
John Piinderson, I> ig w 1 1 1 tl e first devizion,
Theophilus Higinson hath sold vnto Goodm" Johnson seaven
acr. of vpland lyinge w'hiu the first deviaion, lying next Good-
man Todd.
)yGoo»^lc
1646] NEW HAVEN COLONY
John Nash hath sold 5 acr ^ of meddow on the Indian side,
vnto Jn" Vincent.
John Nash hath sold 7 acr ^ vpland vnto Roger Allen, Wh
lyeth in Mr. Lambertons quarter.
[176] iJThomas Hogg haveing bui imprisoned vpon suspition
of bestyality w^h a sow of his mistreses, for about 2 or 3
mouthes agoe, thero was a discoveiy of that wh is conceived
bcstyalitye, a sow of Mrs. Lambertons pigging two monsters,
one of thorn had a faire & white skinne & head, as Thomas
Hoggs is. It being considred of, Mr. Pell was sent for, and
afterward was fownd another w% a head lik a chUds & one
eye lik his, the bigger on the right side, as if God would dis-
crib the 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
tlien one, seemeing thei-by to indeauc the corrupting others,
and being told of it, he 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 trasse, & soe it might happen his
members might be seene-
Goodie Camp informed the court, that for aU she could say
to him, yet he did goe so as^hia 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 fanlts for w=h he was imprisoned wei'e 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, &
being sent once & agayuc, he went, but brought them not
home, but one of bro. Thompsons famyly fownd them in lesse
then halfe a day.
Afterward the governor & deputy, intending to examyne
him, caused him to be hadd downs vnto his M" yard, where
the swyne were, & tliey bid him scratt the sow that had the
)yGoo»^lc
29f} NEW HAVEN COLONY RECORDB. [164d
monsters, & immedyatly there appeared a working of lust in
the sow, insomuch that she powi-ed out seede hefore them, &
then, being asked what he thought of it, he said he saw a
hand of God 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 never had
to doe w^li the otlier sow. The court was informed that he
seeing his m' ^ swyne, & this sow that had the monster's, yet he
would not bring them home.
Nicholas Elsie said he knoweth tliat Thomas Hogg did ques-
tion whether that sow was his mistrises or noe, & shewed an
vnwJUing^iesse to have them home.
Mary, servant vnto Mrs. Lamberton, informed the court
that tlie neagar was the first in tlie famyly tliat observed his
discoveremg his nakednesse, & told Iiim she would flying fler
iu Ms 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 governor's neagar weoman,
informed the court that while she was in tlie famyly w*h h™,
she saw him act filthjnesse w*h his hands by the tier side, & the
nest day the eM!d & Hannah told her of it, & she asked whether
hee was not ashamed. And she hath seene liim 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 he denyed it presently.
The centencQ of the court was, (leaveing that about beas-
tyalytyc to be further considred on,) that for his iilthynesse
lyeing & pilfering, he should be sevearly whipped, & for the
futm-e time during his imprisonement, tliat he be kept wUi a
meane dyet & hard labour, that his lusts may not bee fedd.
[177] ||Johu ChEirles was required to answere for his con-
tempt of the court, that they sitteing & sending a warrant for
him, yet he goes away w*hout any leave, conteining the
authority of the place therein.
John Charls answered, it was tnie he went away, it being
vpon a pinch of time and skipper Zeaker stayed for him, & he
was told that warningo should have bine given before that
)yGoo»^lc
1646] NEW HAVEN COLONT RECORDS. 297
time, & so not lawful! warninge. Espetyally speakeirig to his
bro. of Tofcokett that he should informe the court how it stood
w'h him, he thought it noe contciupt.
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 miist 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 Ohai'ls said, that to take
away his mony & to deale so w'h him, w^ tlie Judasest trick
that either he or ever man was sei"ved. Thomas Wheeler told
him he must take heede, it was against authority, but John
Chaides answered he ment Mr. Evance. Thomas Wheeler
rephed 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 atfirmod, 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 ; tlie he told the said Thomas
Wheeler that if he went ahoai'd he would cai'ry him away.
Then gott they an Indian to helpe them aboard, & then they
brought John Charles away with them. All w^h 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
Coniecticott they give three dayes warninge.
Goodman Banister informed the court, that on the second
day at night, George Smith & 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 ?
88
)yGoo»^lc
298 NEW HA7EN COLONY REC0HD8. [1646
John Charles answered they had gott sixty pownds from him,
but if any wise man -were in the plantation, it had notbinsoe.
George Smith informed the court that he heard John
Charls say, if it had hinne in any part of Newhayen 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 deffameing
the court for doingjuatice according to tlieir liglit,) he should
pay twenty pownds to the jurisdict'.
Mr, John Evance informed the court that John Charls had
gone vp and downe in a slanderous way reproaehi[ng] him
and sayeing he had cheated hina, and said he was as vnmercy-
full as a dogg &o. Although he had the next day after the
court, bin downe w'h liim w*h anoth'' & told him he per-
ceived his sperit was troubled, but mynded liim how he had
sate downe satisfied till he heard such reports that made it nec-
essary for him to move, & told him further if yet it should
appeare that it was not his dew wh the court ordred him, he
desired not to possesse it.
[178] ||Brother John Mosc 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 wh 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, & yet hniselfe was vnpaJd.
Againe he helped Mi-. Evance w^h some beaver wh he heard, to-
gether w'h that he should have, goeing for England, but it was
sent to Connecticott, Mr. Evance telling him he should have it
w'h him for England. Captayne Smith commeing in received it
& canyed it into the Bay, when his expectation was to have
it wth him ¥ way of Virginia to carry for England.
Mr. Evance replyed that Goodman Charles haveing sayled
longe in the bark, at length, malicing vp accounts the com-
panny were fownd his dobtcs, 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 Englaud,
)yGoo»^lc
1646] NEW HAVEN COLONY KECOBDS. 299
SO that till then uoe monney was due so as to call for damadge
vpou nonpayment.
Ill September Mr. Bvaiice sending to John Cliarles by Mr.
Dymocke to keepe that coat beaii' in his hands w«h he had,
for his purpose was it sliould goe with liim to England. But
John Charles afterward hearing that Ralph Worry had some
coatebeauer of Mr. Evance, he thought tiiat was it, but it was
some other as appeared by W"' Ajidrewes oath, servant to Mr.
Jn° Evance, w^h was as followeth,
That W™ Andrewes maketh oath that by the order of his
m' Mr. Jn" Evance he, the said William Andrewes, packed vp
107"" of eoate beaver & one otter skine in a cask, w'^h he
received of the Dutchmen for the vse of hia m'. Mr. Jolm
Evance, w^h was directed to Mr. Lacke of Boston to be sent
to Mr. Bldred of London, oxit of w=h he was innordred to pay
Goodm" Charles his bill of exchange. Mr. Evance informed
the court that he paid Mr. Woory w'h beau' that be received
from the fort of D'Aurange. Leiut. Joseph Godfrey informed
the court that he heai-d Mr. Evance give order to W™ And-
rewes, and also the promise that passed to John Charles.
Mr. Evance said he dealt faithfully w'h Jolm 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 moutli.
Jn" Charles said this was all he had to say for damadge, if it
did amount to anything or noe. Bro. Mosae 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 Fah'feild 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 Mm a bill of exchange, bee had meai'ly cheated h™.
Joseph Alsop of Newhaven affirmed that he had sayled for
John Evance two years, & it was longe erre he coiild get him
)yGoo»^lc
300 NEIV HAVEN COLONY JBECORDS. [1646
to aec', & tliat laeing come to accompt, & he was to have his
moiiny, he sd hee was mearly cheated by him as at last.
[179] IILeiut. Seely -witnessed that before the court John
Charles said that there was noe more mercy in Mr. Evance
then a dogg, & when he had any advantadge he would vse it,
and that thus he spake at Phillip Leeks.
John 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<^li is to vndoe
him so fare aslay in his power, he wasfyned50i''toMr. Evance.
At a Couet held March the 2'' 1646.
John Backett demanded a debt dew from Stephen Medcalfe
of 18«.
Win Fancy informed the court that Stephen Medcalfe said
vnto Ju" Sackett in liis hearing that lie had forgott to reckon
the 15= he owed him, W^Ii he said he would pay him the said
Jolm before he went, of wh he was ready to make oath.
Bro : Myles & bro. Whitnell are desired to view Stephens
bowse & judge what it is worth F weeke.
W™ Hies his inventory* was presented to the court, where-
vpon the Gc propownded tliat Bic'' 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 Ricii Beech presents
Ibr securyty at home. Also ordred that the secretary wright a
'"All iiivBiitoiy of Willm. lies his gootis witli the piiaes."
Sum £9. 19. 10. prized by John Clorke, Aiitho! Tompson.
Wm. IlsB Dr. To Mrs Shearman £0. 10. to Goodman CharieB £0. 10. 3. to Good-
man Itbb £0, 10. to Goodmao Peoke ^0. 0. 6. to Goodman Larramors £0. 0. 3. lo
Peter Mollorie £0. S. to Rich Booth £0. 4. to Sei-jeant Andrewes £0. 0. T. to Wm.
Bassett £0. 0. 6.
Wm lies Creditor. For ivoii done at mill ^£2. 7. from Mr. Qodfrej £2. ]. irom
Goodman Hoards £0. 16, from Mr. Mnllyuer £1. 1, 6. from Arthur Halbidge £0. 0.
10. from Wm Peek £0. 1. 10. for e" which was in a pmso of wompm brought from the
trading ionse £0. B, from bsao Baeoher £0. 2. from John Moase £0, 0, 6. for a howe
valued by Eoger Allen £0, 2. 6.
)yGoo»^lc
1646] NEW HAYBN COLONY EBCOEDS. 301
letter to the towne where "VV™ Ilea lyved, vnto his brother, and
that Eichard Beeeh 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 tho 2^ devizion, 15 acr ^ of meddow, & 5 acr. J in
2 pcells, -W-h is f of the first devizion of David Yale, & 3 acr.
^ in j^ neck.
It was ordred that the proportions of John Meggs, John
Gregory and Eobert Preston be setled vpon them severally,
they buying the proportions of 300' from Mr, Evance.
Samuel Hodkejs was called before the com-t for theft.
Sarah Eutherford informed the court that Samuell Hodkejs
had taken from her 20"^ of lead w«h he had brought agayne.
Btit she haveing promised some lead looked for it & fownd it
wanteing, tvondred at it what was become of it. At length
Groodmari 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 acknowledgetli his siune, & he judgeth in
famselfe that the court cannot passe too heavy a centence vpon
him, for be 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 hai't that he cannot bee suffitiently
atfected w'h it. And further acquaynted the court that the
axe ho formerly tooke from Mr. Evances gate, he did in his
conscience feare now it was his, although then hee w'listood it.
The centence of the court was that Samiiell Hodkejs make
double restitution, and that for his slanders & lyes that hee be
whipped publicquely, and that he pay the chardgs of the court.
)yGoo»^lc
302 NEW HAVEN COLONY RECORDS. [1646
[180} At a Genekall Court held the lO'i' oi!' March,
1646.
The names of people a^ they were seated in the ineetiiig-
howse were read in court & it was ordred they should be re-
corded, wh was as foUowetli,
First for the mens seats, viz'i.
The midle seates have to sit in them,
1 Seate, the Governour and Deputye Gfoveniof.
2 Seate, Mr. Malbon, Magistrate.
3 Seate, Mr. Evance, Mr. Braccy, Mr. Fra: Newman, Mr.
Gibbard.
4 Seate, Goodm" Wiggleswortli, Bro. At^ratter, Bro. Seely,
Bro. Myles.
5 Seate, Bro. Craine, Bro. Gibbs, Mr. Caffineh, Mr. Linge,
Bro. Andrewes.
6 Seate, Bro. Davis, Goodman Osborne, Aiitbo: Thorapson,
Mr. Browning, Mr. Rotlifford, Mr. Higginson.
7 Seate, Bro, Camfeild, Mr. James, Bro. Benham, Wi"
Thompson, Bro. Lindoll, Bro. Martin.
8 Seate, Jn" Meg^, Jn" Cooper, Peter Browne, W"" Peck,
Jn° Gregory, Nic'' Elsie.
9 Seate, Bdw. Banister, John Hcrryman, Benja : Wilmott,
Jaiwis Boykin, Arthur Holbridgc.
In the crosse seats at the end.
1 Seate, Mr. PeU, Mr. Tutle, Bro. Fowler.
2 Seate, Tho™ Nash, Mr. Allerton, Bro. Pety.
3 Seate, Jn" Nash, David Atwater, Thof" Tale.
4 Seate, Robert Johnson, Tho™ Jeffery, John Punderson.
5 Seate, Tho'" Munson, Jn" Leavermore, Eog'' Alln, Jos:
Nash, Sam Whithead, Tho"! James.
In the other litle seate, John Clarke, Marke Peirce.
In the seates on tlie side for men.
1. Jeremy Whitnell, W™ Preston, Tho"" Kimberley, Tho"'
Powell.
2. Daniell Paul, Bic'' Beckly, Richard Maiisfeild, James
Russell.
)yGoo»^lc
1646] NEW HAVEN COLONY EEOOBDS. 303
3. W"! Potter, Tlio'" Lampson, Christopher Todd, Will"
b-es.
4. Hen. Glover, W'" Tharpe, Mathias Ilitcheocke, Andrew
Loe.
On the other side of the dore.
1. Jolm Mosse, Lucke Atkinson, Jn" Thomas, Abraham
Bell.
2. George Smith, John Waekfeild, Edw. Pattison, Richard
Beech.
3. John Basset, Timothj Ford, Tho™ Knowles, Robert
Preston.
^4. Rich Osborne, Robert Hill, Jn" Wilford, Henry Gibbons.
5. Francis Browne, Adam Nicholes, Goodman Leeke, Good-
man Daighton.
6. W™ Gibbons, John Yhicent, Thomas Wheeler, John
Brockett.
Secondly for the weomens seates. In the raidle,
1 8eate, Old Mrs. Eaton.*
2 Seate, Mrs. Malboii, Mrs. Grigson, Mrs. Dayenport, Mrs.
Hooke.
3 Seate, Elder Newmans wife, Mrs. Lamberton, Mrs. Tiirner,
Mi's, Brewster.
4 Seate, Sister Wackman, Sister Gibbai'd, Sister Gilbert,
Sister Myles.
5 Seate, Mr. Fr : Newmans wife. Sister Gibbs, Sister
Orayne, Sister TutUl, S. Atwat''.
6 Seate, Sister Seely, Mrs. Gaffinch, Mrs. Pery, S. Davis, S.
Cheevf s, Jn" Nash's wife.
7 Seate, David Atwat's wife, S. Clailte, Mrs. Yale, S.
Osborne, Sister Tliompson,
8 Seate, S. "Wigglesworth, Goody Johnson, G, Camfeild, S.
Pond'son, G. Meggs, S. Gregory.
9 Seate, Sister Todd, S. Boykin, W™ Pott's wife, Matliias
Hitchcoks wife. Sister Cooper.
* The following paasaga, ftom Laolifoida Plidne dealing, explains why no seat is
assigned for Mf 8. Eaton, the Governor's wife. " At Jfeio-loiieii, oJioj (Wnopenj, where
Master DaixtipDrt is Pastor, tha eicommnnicate la lield ont of the meeting, at the
doore, if he will heare." Mass. Hist. Coll. 3d series, iii. 73. lieference lias already-
been made to Kis. Eaton's excommunication.
,Gooi^lc
304 NEW HAVEN COLONY EECOEDS. [1646
In the crosse seats at the end.
1. Mrs. Bracey, Mrs, Evance.
2. Sister Fowler, Sister Ling, Sister Allerton.
3. Sister Jeffery, Sister Rotherford, Sister Leavermore.
4. Sister Preston, Sister Benham, Sister Mansfeild.
5. S: Allen, G: Banister, S. Kimberloy, G. Wilmott, Sister
"Whitnell, Mrs. Higinson.
Li the litle crosse seate.
Sister Potter y^ midwife, and old Sister Nash.
[181] II In the seates on tlie sides.
1 Seate, Sister Powell, Goodye LindoU, Mrs. James.
2 Seate, Sister Whithead, Sister Munson, Sister Beckly,
Sister Martin.
3 Seate, Sister Peoke, Joseph Nash his wife, Peter Brownes
wife. Sister Russell.
4 Seate, Sister lues. Sister Eassett, Sister Pattizon, Sister
Elsie.
In the seates on the other side the dore.
1 Seate, Jn" Thomas his wife, G^ody Knowles, Goody
Beech, Gnody HuU.
2 Seate, Sister Wackfeild, Sister Smith, Goody Mossc, James
Clarks wife.
3 Seate, Sister Brookett, Sister Hill, Sister Clarke, Goody
Ford.
4 Seat, Goody Osborne, Goody "Wheeler, Sister Nichols,
Sister Browne.
Brother Andrewes, hro. Mxmson & Goodman Basset were
desired to view tlie posts of the meeting-howse, & to see if tlie
girts fly not out & to doe whats necessary for the preservation
of tlie whole, lest insensibly they should decay.
Mr. Evance had liberty to depart the court.
Richard Peiy secretarie had Ubcrty to goo a voiadge for the
comfort of liis famylye, and Mr. Francis Newman was dissired
&* declared hiraselfe willing to attend tlie service in Ms ab-
sence.
* These words [v/ss diKslced &] intei'lincd by Mr. Newman.
,Gooi^lc
1646] NEW HAVEN COLONY RECOBDS. 305
It was ordred that the former men chosen to view Goodman
Wilmotts land should set a rate vpoii it, that so the towne may
he paid Thomas Fugills fine.
Mr. Mafbon informed the court that himselfe & those chose
w'h him to view the land that bro ; Andrewes, bro. Cooper &
Seijt Beckly desired onn the east side, & thought it might be
noe way prejuditiall to the towne, wherevpon it was ordred
that a survey be takon of the quaatytye of the land.
Brother Orayne, brother Myies 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 bo 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 buriie his owne walk &
that he be paid by them whose heard he tendeth.
Whereas there hath bin a question about a highway to those
lotta at the Oysterpoynt, it is ordred that Mr. John Wackmaii
& bro. Anthony Thompson shall issue it by order of this court
and consent of the qu'ter.
It was ordred that noe 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 land desired by
him at the playnes.
m
,yGooq)c
306 new haven colony recobdg. [1647
[182] At a Court held at Newhavbn this sixt op Aprill,
1647.
Thomas Nash informed the court that there is some fence
downe in that quarter w=h they call Mr, Malhons quarter that
they find iioe owner for, therfore the court ordred that the
owners of the land w'hin that quarter shall meete 7pon the
fift day of this weeke, at 4 a clocke in the afternoone to setle
the fenceinge vpon the partyes it properly belongeth to. And
for euery partyo that fayles to meete according to this order,
they haveing lawfull warningo, shall pay ISi^.
James Heywood was called forth to answere for the sinne of
drunkennesse, the chardge against him standing thus, that
being called to went aboard a Dutchmans veasell, and did
there drinke stronge watters ui such excesse that he made
himselfe drunk hy it, so as that ho 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 fuily proved when he
was cast oirt of the church. The Governour further declared
to him how greatly his sitme was agravated w'h maniiy cir-
cumstances, but espetiaUy 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 sinfuU foolish tliinge, oh foolish
people & vnwise, doo 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 dishonored and blaspheamed through mee, for
my biune hath manny circumstances w=h maks it greivious,
for w^h the hand of the Lord is justly out against mee, so that
I have nothing to say, but doe justifie tbe proceedings of tlie
court in what God shall gniide their harts to.
This answere being given, the Governour opened the case
thus, Drunkenesse is among tlie fmits of the flesh, both to be
witnessed against, botli iu the church and civiil 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 simie is more heynous as he was a member of the church.
But it hath not bin brought to mee that this man hath bin
)yGoo»^lc
1647] NEW HAVEN COLONY RECORDS. 307
given to drunkennease, nor is it fowud tliat it was an appoynt-
ed meetioge for drinking, but he being called, drank a.ii ex-
cessive quantitye w=li caused these efects. I leave it therfore
to the courts judgement whether they shall find it a dispositio
to drunkeniiesse or an act onlye.
The court considering what had bin said, thought it not a
disposition to driinkemiesse in him, nor a match appoynted for
drinking, therfore thought not to punish it w^h corporall pun-
ishement, hut by a fine. Therfore the ceutenee of the court
was, that James Heywood pay fivety shillings to the towne for
this act of drunkeflesse.
An atatchm' being layd vpon the goods of Mrs. Stallion by
Richard Piatt of MUford for a debt of 57% it was ordered, that
Mr. Goodyeare & Mr. Newman, who were intrusted by Mrs.
Stallion w'h her estate, doe pay doe pay the aforesaid Ric*
Piatt the 57* Wh is due to him for rent of the howse wh
Mrs. Stallion did live in, & the said Ric^ Piatt doth promise,
tliat for any thing done to the howse by Mrs. Stallion, when
the covenant is out he shall stand vnto such just consideror
tions as is fitt.
At a Court held at Nbwhaven the 4"' May, 1647.
Aji entry of 5 acr, J, 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 Eeoch to Anthony Thompson.
Richard Myles & Jeremy Whitnell haveiug 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 IT*' S^, & what the howse & lott was worth by the yeare
to defi'ay this chardge, or what it is worth to be sold, was
reffcrred to Richard Myles & Anthony Thompson, and to take
in the helpe of some workmen with them.
[183] II Brother Leavermore desired his fine w^h he was
)yGoo»^lc
308 NEW HAVEN COLONY RECORDS. [1647
fined for contempt of the court might be remitted, but it was
respitted.
Brother Leavermore is also charged -w^h late commiiig w'h
his armcs one Lords day, but because the seijeant was not
there w^h accused him it was respitted,
Richard Sraoolt, servant to Mrs. Turner, was chardged by
his Mrs. for sundry grosse miscariadges, as for scoffing at the
word of God w«h was preached by Mr. Cheevers, for other
rebellious carriadges in the famylye, as when his mistrisse sent
him for any necessaiyes he hath thow" part of it into the fire,
& part into the watter, & said it should never doe here more
good. When he hath asked for a potfc in the howse, & it was
told him his Mrs. had it, he bid the Divell goe with it, and
when his Mrs. came to correct him for a lye, he turned againe
and did wringe her by the armo & if the other servant had not
taken Mm of, it was thought he woi^ld have beaten her. He
asked her daughter Rebecca if she were not w'h child and
therin slaundered her, he haveing noe grownd soe to doe.
These things being cleared to the court by witnesse and his
owne coiifessiou, besids other miscarriadges charged vpon
him, the centence of the court was that he should bee seuearly
whipped.
Edward Banister complayneth that Tho" Osborne being
cow-keeper for the cowes on their side, and his among the
rest, did one day loose one of his cowes neglegently by leave-
inge her in the feild swamped, and saith that the said Tbo'"
kept in howse that day to keepo himselfe drye because it did
rayne & saith Mr. Hooks mau can say something to it.
Mr. Hooks man sath that he mett w'h Nathanjell Seely as
he came homo, who kept cowes w% Tho" Osborne that day,
& told him that it was a wett day to keepe cowes in. I, saith
hoc, but I was the most part of the day in a wigwam or some
shelter.
Tho"! Osborne, answered for h'"selfe, that day he kept the
cowes & Nathanjell Seeiy with him, and carfully turned the
cattle from the swamps, & when they were to come home, Na-
thanicll Seely he sent throughout the playncs w'h the cattle
& went to search the swamps himselfe, least any cattle should
)yGoo»^lc
1647] NEW HAVEN COLONY EECORDS. S09
be there, but fowiid none, and thought there had not bin a cow
behind, but at night Goodman Banister demaunded his cow, &
he would have gon that niglit though it rayned to seeke her,
but they agreed to goe in tlie morning & did so, but fownd her
not. It was demanded of Natlianiell Seely how long they
were in the howse, ho answered, not aboue f of an hower.
And Thoi" Osljorne said the day was exceeding wett & tliey
went ill 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 Eic''
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 tree, 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, wo searched & went through tlie 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 conld misse her.
The court considring things as they have bin held forth by the
severall 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. Therforc the cen-
tence of the court was, that Thomas Osborne be freed from
the losse, & Goodm" Banister must bearo it as an afflicting
providence of God cast vpon him.
John Bishopp, serv' to Mr, AUerton, 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] |l"Wt" Payne for neglectinge to bring his armes one
lecture day, was fined 6^.
,yGooq)c
310 NEW HAVEN COLONY HECOEDa. [1647
Further W"" Payne was complayiied off for not commmge
time enough one Lords day morning & eveninge, but seing it
appeared he was very neare before the drume had don beating,
and consideringe the distance at w^h ho lives & he saith he
could not heare the iirst dru, the coxirt saw cause to moderate
the fine, & was fined for both btit ^^
Roger Knapp ■was complayned of for not bringing his armes
one Lords day, & for not coming to the squadron meeteinge,
but being absent it was respited.
W™ Gfibbons was complayned of for late commiuge one
Lords day, but it apearing he was not well, nor in case to
come, it was passed by.
Mr. Oaffinch was complayned 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 holpe, Mr. Mully-
ner not paying to h™ -what the court ordi'ed Iv" to pay for his
coa", W™ lies. The court propownded that bee would stay
till another court, wh he inclyned to doe.
Further, whereas Anthony Thompson & John Clarke were
to view some laud of Rici» Beeches for sccurjtie of W™ lies
his estate, theythinkc 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'i Couet at Nbwhaven 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 towne was indebt, and sundry tilings
were to be paid to severall men & the treasurer had it not m
hand to pay, therfore there is caxise for a new rate to be levyed,
that rigbteousnesse may be attended. After much debate, it
was voted that one halfe years rate be forthwith paid into the
treasurer, ouer & aboue the yearly rates in their ordynary
course.
)yGoo»^lc
1647] NEW HAVEN COLONY RECORDS. 311
The Governo"' propounded to the co\irt about the inonney
paid for imprisonemeiits, whether it should wholly goe to the
m^ehall over & ahove his yearly sallery, and it was voted that
it should.
It was propounded hy Leiut. Seely that the planters in the
towne whose mynds were industrious that way, might have
lihertye to set vp wares to catch fish for the releife of their
famyijes and good of the towne, and it was granted they
should, provided that tliere be noo 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 ah'eady set vp
before.
Serjeant Nash propownded whether it was the courts mynd
tliat mi's of watches should be freed from walking the rownds
& standing sentinell on the Loi-ds dayes, bixt after some debate,
the thing was rcspittcd till another court,
Wi" Preston, who was intrusted to looke to the shutting
the meeting-howse doros, was desired to keep them constantly
shntt, & that they be opened vpon the Lords dayes & lecture
dayes before the first druAe is to beate, and W" Andrewes
was desired so to repayrc & 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
di-unie, vpon Lords dayes and lecture dayes, vpon the meeting-
howse, that soe those who live faix off may heare them the
more distinkly, & he promised so to doe.
Capt. Malbon propownded to the court, that seing the towne
had noe cully's for the ti'ayne band, that therfore the towne
would pay for part of them or wholly, & let the artillery have
the vse of them, <fe the drummer might be paid by the towne
for drumming for the artillerie, but it was respitted.
[185] IJThe Govemour propownded that tlie coUedge corne
might be forthwith paid, & that considering the worke is a sei'-
vice to Christ, to bring vp yonge plants for his service, and
)yGoo»^lc
812 NEW HAVEN COLONY RECORDS. [164"?
besides, it wilbe a reproach that it shalbe said Newhaven is
falne off from this service.
It was propownded that they w^h want hay, would speake
in time to the treasurer, that the meddow in the townes hand
may be disposed off.
It was propownded that seiiig it doth apeare that both yonge
cattle & hoggs doe goe vpp the neck way, and finding the gate
shutt doe swime oyer & doe damadge, whether it was not nec-
essarie therfore that a fence and gate be made crosse the way
at Mr. Tutls corner, for preventing the same, & it was voted,
that a strong fence & gate be made & kept at the townes
chardge.
Brother Andrewes aequajnted the court that he is now goe-
ing to fence m his meddowe in the neeke wherin the springs
is, tliat therfore the towne would appoynt some to view what
may be for the townes conveyniency, that it may be left out &
he have allowance for it elswhere, & bro : Cooper was ap-
poynted to doe it.
It was ordered that the Necko be driven this afternoone by
bro : Cooper, and what cattle are fownd more then belonginge
to them who have given in their names & quantitijes of land
to the governo'', shalbe pownded for breach of order.
The GovernC acquaynted the court that bro : Andrewes
had bin w'h him & told him that hee thought it not eonveyn-
ient for liim to keepe the ordynary any longer, then August
nest he cannot keepe it ; & therefore declares it now, that the
towne might thinke how to provide for another to doe it.
Bro. Andrewes & Goodm" Meggs both came late to the
court, but tliey made siieh excuses as the court accepted, &
they were freed &om the fine.
Henry Morrall & bro. Lampson vpon their request had lib-
erty to dept the court.
Captayne Malbou propownded that the towne had bin ill
provided of sei^jeants, in regard that Serjeant Jefferys is abroad
much by reason of hs oeeassions at sea, therfore whether the
towne will not see cause to ehuse another serjeant in his
roomo, and the rather scing Serj' Jeffreys hath earnestly
desired it, as Leiut. Seely & Serj' Munson did tcstifie in court.
)yGoo»^lc
1647] NEW HAVEN COLONY RECORDS. 313
Tlie captayno also affirmed the same & that ho was vnwilling
to move for a change till that now he vnderstandeth Seij' Jef-
ferys purposeth to imploy himselfe more fully in aoa affayres.
W'h being considered, hro : W"' Fowler was chosen aerjt for
the towne.
Corporall Leavermore desired the court that he might be
freed from tlie place of a corp", because he thought his neces-
ary occassions would call liun to goe for England, his desire
was granted & bro. Joseph Nash was chosen corp" to the
towne compauny.
Goodman Wilmott propownded to the court that he might
have the 24 acres of land w«h was Tho" Fugils, at the foote
of tlie West Rock, granted to him as land is given to other
planters as inheritance, and he will give to the towne 3' a
yeare tQl the 20' be paid for the fine due from The" FnglB,
w=h fine the said Thomas ovA'^d to be paid out of this lands ;
and the said Goodman WiJmott 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 appearo in co\irt that the said Tho™ Pugill had
made over this land to one in the Bay for nionny 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] [[And further it was ordred 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 tlie 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 tiyed, vpon the fift day come seaventh
night, Wh 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 vnrigl
40
)yGoo»^lc
314 NEW HAVEN COLONY RECORDS. [1647
Viewers cliosoii for the severall quarfs for this yeare eiisew-
iiige.
For Mr. Eaton & Mr, Malbons quai-ter, Mr. Francis New-
man & Tho'" Kimbcrly.
Fos Mr. Newmans & Mr. Brownings q'tr : Ric'' Becklye and
Andrew Loo.
For Mr. Evance quarter, JohuMegga and Thomas Wheeler.
For Mr. Wackmaiis quai'ter, Mr. Wackman & Tlio" Os-
borne.
For Mr. Grigsons quarter, Henry LindoU and Thomas
Barnes, but Tho™ Welch is to satiefie Tho'" Barnes for his
paynes, or els to pvide another.
For Mr. Lambertons quarter, Mr. Jannes and W'" Preston.
For tho suburbs onn both sides the creeks, Mathew 0am-
feild & W"! Thompson.
For tlie Oysterslielfeild, Francis Browne & Mathew Moul-
thropp.
For the playnes, W™ Davis and Adam Nicholls.
For the farmes on this side the East River, Joshua Atwafr
ter & W<^ Potter.
It was ordered by the consent of the planters of Mr, Wack-
mans quarter & Mr. Evance qu'ter, that Jasp Crayne and
Francis Newman sliall consider of tlie fence in difference
betwixt them, & so end it if it may bee, if not, to report back
to the court againe. Tliey are also to consider of a like dif-
ference betwixt Mr. Lambertons quarter and the suburbs.
It was propownded whether all the towne but magistrafs &
church officers should not watch and trayne, but after much
debate it was respited vntili another court.
W" Andrewes propownded that himselfe, Jii° Cooper &
Ric'' Beckly might have a neck of land lyeing one the eaet
side, beyond the pine river, conteyning 113 acres, which was
foi-merly refferred to the view of Mi'. Malbon and Mr. Fran-
cis Newman, and that tliey might have this 113 acres instead
of TO acres wh they were to have in their second devizion at
the end of Mr. Evance quai-ter.
The court considring the distance of this land from the
towne & the difficulties w=h would attend the improvement of
)yGoo»^lc
1647] NEW HAVEN COLONY RECORDS. 316
land so farr off, & on tlie other side of the river, granted it to
them, provided that a place be left next the great river and a
couveyiiient 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
tlieiv 70 acres w=h was there first prop alottmeiit, the 43 acres
added being rate free. The bownds & lymitts of this necke
of land is as following, vva"^.
[The I'emiiiudev of tliis page is blank, ]
[187] At a Court held at Nkwhaven the first June
1647.
Tho" Kimberly alyenated one acre of meddow vnto Fran-
cis Browne, wh meddow lyeth on the island in the East
River, & on the side next Mr. Davenports farme.
Mr. Caffiuoh 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, wh expressions were to the great
offence of the watch-raaeters, and the case was then com-
mended to the perticuler court to consider of Ric"" Osborns
chardge, by the gen' court then mett. The Go' informed
Ric'' Osborne that he had, by his rash words, layd tlie watcli-
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
)yGoo»^lc
'616 NEW HAVEN COLONY llECOBDS. [164T
one of the watchmen said to him, doe you not burden yo'
conscience w'b that, viz^, sleepiiige.
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 Georg Smitli of it, & he
touched him w'h his sword & waked him, & that Luke Atkin-
son told him, alas, poore man, he was asleepe. Ric'' Osborne
was informed this was not his way, but that he should labour
to see his owne evill & acknowledge it, and not indeavour to
lessen his evill m this way of searching out somthing to hide
his sine, as this of Antlio: Thompson, if it should be true,
would prove, espetially it being don since the last generall
court, wherein he spake so slanderouslie of the watclimasters.
The centence of the court was, that Uic*' 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 siniie.
Eic'' 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 Geo. Smith of it & then he, the
said George Smith, did touch him w^h his sword to wake him.
Also he saith Luke Atkinson told h'", as they walked the
rownds togetlier, alas, poore man, he was asleepe, & his hat
did lye vpon the growud.
Iiukc Atkinson informed the court that Ric'' OsLorne poynt-
ed vnto him to bee an eye witnesse of the thinge, but it was
before tlie watch was sett he thinks.
Ric'' Osborne herevpon said that Luke Atkinson in regard
of the absence of one watchm" (standing somtime sentinell in
his behalfe) standing long & not being releived, went into the
fier to warme him & fownd him asleepe, & that after he had
stood sentinell awhUe & come in, Antho. Tliompson 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.
Rici" Osborne answered he thought he might take oath he
was asleepe so long as a man might goo from the watch-howse
)yGoo»^lc
1647] NEW HAVEN COLONY RECORDS. 317
to tlie meeting-howse, although neither of tlie other two
chardge him w'h it, adding he had told Luke Atltinsoii that
hee was disord'ly sleepinge. But Luk Atkinson saith he
remembreth noe such thinge. But tbia case was thus left w'h
the aprohation of the court & Richard Oahoriis consent.
[188] II Eoger Knapp absent from squadi-on trayning ye ^tii
Aprill & lato vpon tlie Lords day 18ti> Aprill, he answered that
for the squadron trayniuge he had forgott it, & his wife being
forth he stayed with the children ; & for that Lordsday, his
wife Ids wife had bin sicke the Lordsday before, & she desiring
now to goe to meeting, he stayed at homo. Hg was fined 1'
towards the squadron trayninge neglect & tlie other was
passed by.
John Nash hath sold his second devision of upland w=h he
liad w'h Mr. Mansfeilds lott, viz'' 11 acres, to Mathew Mo\il-
thropp & 11 acres to George Smith.
Peter Browne hath sold 2 acres 32 rodd of meddow to
George Smith Wh is all the pportion of meddow in the west
meddow, & 5 acr. J of vpland lyeing in tlie first devision of the
suburbs quarter.
George Smith aljenats 1 acre Ifi pole of the forementioned
meddow vnto Mathew Moulthropp,
Peter Browne hath sold all his land in the Neck to Mr.
Malbon.
Geo; Smith liath sold all his land in the Necke to Mr.
Malbon.
Vincent Meggs was coraplayned 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 watch
one night, for cominge late 2 Lords days. Mr. Malbon an-
swered for hi" &, said that one Lords day the cattle brake out
of y« yard & he followeing them to prevent damadge, because
it ^KB in the spring & then cattle were apt to be swampt, b\it
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 trayniuge, hs
)yGoo»^lc
318 NEW HAVEN COLONY RECORDS. [1647
5 that it fell a rayning & thundi'ing when he was at
lott & lio thought that would put by tlie trayiiiiige, but the
comp"' exersised. He was fined 2" 6^.
Jn" Leavermore desired that his fine for contempt might be
taken off, bxit the court, bid y' cowrt as yet see noe reason to
move y'" to it.
Samuell Hodkejs totally absent one trayning day answered
he did want bread & went to mill; this answer not satisfying
the court, it was ordred that hee pay 5% the fine for totall
At a Gen' Court held at Newhaven 5 July, 1.647.
It was desired that as men had formerly ingadged them-
selues to contribut a portion of corne to the colledge, tliat the
would not now be slacke in carrying it to the collectors, 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 collonyes herafter, being that the commission''s have
taken order that none should have the benilit of it but those
that shall remayne in tlie country for the service of the same,
the bringing in of w«h corne was ingadged by vote.
It was now remembred that fomif orders were made for the
ineouradgement of the slieapheard, 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 thin^ might be so considered off, tliat the sheepe
with himseUe might bee kept in this towne, for thereby much
good may redound to the pubUcque.
Herevpon it was ordred that tlie 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 pastiire, & to that purpose it was fur-
ther ordered that eueiy one who hath grownd in the neck
should cleare his land, according to order from the committee
to be chosen to treate w*h Groodman Smith, & consederation
was had also about a penn to keepe sheepe in, all w^h w'^h
sundry other questions was comitted by this gen^' coui't vnto
those of the perticuler court, joyning to them elder Newman,
)yGoo»^lc
1647] NEW HAVEN COLONY RECORDS. 319
bro. Myles, Mr. Tuttle, Mr. Caffinch, Mr. Gilbert, Mr. Wack-
[189] man, \\ W™ Preston, bro; Camfeild and Goodman
Johnson, as a committee viito wbom all questions coneeminge
the shoep 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 Uiouglits beinge that it wili best, as they conceire, an-
swere all the quarter if the highway runne through the midle
of their lands, Goodm" Hitchcockc tliinking his right too
much to bo intrenched vpon therby, besides some extreame
inconveynicncjes to follow on him besides, the consideration &
full dotermynation 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 a^ine view the west bridge, that all
further damadge may be seasonably prevented and the woike
as Eoone 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,) wh 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 foi-merly given publicque offence
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 chardgemg
them, whereas he is not able to prove any such miscarriadge,
& pei'ticulerly, to justifie himselfe had called Antho ; Thomp-
son into the court, & had chardged Mathew Oamfoild & Mr.
)yGoo»^lc
320 NEW HAVEN COLONY BECORDa. [1647
Tutle w^h neglects or sleepeing dureiiig 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 betweene
their howse lotte, with promise to mayntayne the highway be-
fore their dores or howselotts & stopp the cm-rant that now
Bpoyleth the way. And the grant of the land w'h a view of
the conveynieiicy of it to the townc <fe them with the incon-
veyiiiences that may attend Goodman Buckingham was reffer-
red vjito 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 captayiie w'h tiie rest of the mjiitary
officers should see one Jn" Jackson, servant, to Mi\ John
Wackman, & judge whether he be meete for exersise and
watehings, considering that he is puvblynd.
At a Court held at Newha yen this e'^^ July, 1647.
The Govcrno' infoi-med 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. EvancQ to come to the court, none of the monneycs being
yet paid.
Mr. Evance answered that he received tho land for country
pay & also he bought in it reifercnce to debts dew to him from
some of the credito's, who owed h" monnyos.
The Gc 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 doe h™ the lilt right, that he may have whats dew to
him from others, Wh the court told him he should not fayle
of. Wherevpon Ric'' Pery & Henry Gibbence were desired
against the next court, to cloaro the debts dew to them by
good testimony.
)yGoo»^lc
164T] NEW HAVEN COLONY EECOBDS. 321
[190] II John Hal) 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'li him wli she did. And
to prove that promise brought first W™ Payne, wlio vpon oath
affirmed, that tlie first time that he lieard Ids M' Wilks speake
tins was at Boston, on what grownds he knoweth not, that if
his mayd would stay out her time, he would giyc her tenn
pownds, & this liee heard him say often here before the ser-
vants in the howse.
Brigett WUks vpon oath affirmed that she heard her vncle
promise to givo 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 lier her master would
give her a portion.
A difference between© Mr. Francis Newman, Tho"" Mitchell
and Goodman Dayton was presented to the court. Vpon the
courts advize that 2 men might be eliosen to end it, by con-
sent Mr, Crayne & Goodman Myles wer chosen,
Mr. Tho" Pell haveing attatched about 2001 of Mr. ZelHcks
goods, Ml'. Pell & Mr. John Evance entred themsolucs as
security to the court for y^ damadges.
Ambrosse Sutton for comminge too late at watch was com-
playned offi 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 watchmi'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 accounted 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-
spitted.
Mr. Henry Brunwin hath sould to Goodm" W™ Judson, his
dwelling howse, howse-lott, w h the orchard in it, & tlie barne
that now is standing onn it, 37 acr of vpland Wh is his first
devizion w^hin 2 myle, w'h 1 acr. J. 24 rodd in the Necke, 21
41
)yGoo»^lc
322 NEW HAVEN COLONY RECOEDS. [1647
acr, of mecldow, and 84 acres of vpland Wli is his second dens-
ion, all his right in comons & ose pasture & whateuer hereafter
shalbee a privelidgc to his lott, together w^h a bedstead and
trundlebedd, a paire of vallance & a peice of blew darnix, a
maltr-inill, a well buctett & 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 Nbwiiayen Aua. 3'', 1647.
W"" Blaydcn warned for a contempt the last com-t, his an-
swere was the could not nol come bocauso of the extreame
payne he was vnder w=h satisfied.
Also he was oomplayned of for late comming 2 Lords dayes,
one day he heard not the druihe, and thother day he haveing
wett the day before in the evening it rayninge, & he not able
to malt a fier to dry his clothes, was forced to lye abedd the
Lords day, For these defects his answere was vnsatisfying, &
he fyned 2*. It was ordered that the next court he appeare
to hold forth tlie sight of his sine in profanely neglecting to
CO" to the ordynauses.
Bro. Bonham for his neglect in warninge David Atwater to
watch was fined 5'.
Mrs. Turners man absent from the watch one night was
complayned oiua, Mrs. Turner did answere that slie had 2
oxen tooke hurt & were in danger to dye, & in attendance on
them it proved the ^eglect of the watch, w^h satisfyed the
court.
Mihill Palmer was complayned of for ahscnce one night
from the watch, he answered he had provided & agi'ced Hie''
Osborne to watch all the yeare for him. Eicii Osborpe denyed
any such agreem' absolutlje made w%out condicon, but he
being ill could not attended as in former seasons he had, &
when he gave Mihil Palmer notice he was HI, 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
)yGoo»^lc
1647] NEW HAVEN COLONY RECOEDS. 323
liowseing, lands, & what right he either hatli or may have
hereafter in Newhaven, vnto Mr. John Bracey.
Eiehard Osborne acknowledged that he had in a gennerall
court chardged the m" of the watchos wth that he could not
prove, nor ytas true in itselfe, & by what was said in court he
■was oonvinsed of Ms sinne, &, haveing satisfied the masters of
the watches in a gennerall court his fine vppon his intreaty
was reiaitted.
Mr. Ja" Bracey doth alyenat to Mr. Wackm" 21 acr. ^ &
20 rodd of meddow Wh lyeth in the west meddow, 10 acr^
beyond tlie river, w'hin tlie lynes of the quarter, & 11 ac. &
20 rodd to he layd out in Solitary Oove or Mr. Malbons med-
dow as its cast.
Also 19 ac. Y of 'pland, lyeing beyond the West River in
the first devizion.
And 164 ac. wh is all his second dovizion, w^i all the
allotem's & privelidges which slialbelong thereto.
At a Court held at Nbwhaven the 7"' Sept. 1647.
Sister Preston presented her husbands will & the inventory
of his estate to the court to be entrcd.'
* "The wUl of William Preston, made July 9, 1647.
" ] Willisia Preaion, a member of fhe church of Hew Ilayen, being upon my dantji
ted fts I oonceaTO, trough the blessing of God have my undei'standing aud memory
perfect as hi tymes post, doe make and mrdayne this my last will and testament, in
" To Joseph Alsops wife, my danghter, I give W, or if hor husband be wiUing to
take 3 acres of land, lying in first devision by the sea side, and build and dwell them,
be may. But if hee intend not to d'vell there, the 30^ is all she can demands. My
sonu Edward, I give l)!"! in the same lott before mentioned three acres of ground, if
my wife see it may be a benefit to him to ftirflier him his way according to God, or
els 20" is all he can demand. To my sonne Danyall I give 20>, and John is to have
20» when he oomea to bee twenty yearea of adge ; and I give to my dangbter Mary,
20", lo 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. Meafcors wife, in that upon ber marriadge and sinoe I have given her is
more tbanlcan^ve to any of her biotbers or sisters, yetl give her Sve shillings. As
for thereat of my estate, whicli consisia ia bouse, lands and oatlles, moveable goods
whichi have here in Now Haven, in New England, I give all to my wife for the
bringing up of ray children that God hath given mee by her, in consideration she waa
a meana to bring mee and the vest to New England. I have an eslate in Old Eng-
)yGoo»^lc
324 NEW HAVEN COLONY RBC0ED8. [^^^'^
W"" Blaydon contemptaously neglecting to bring his armes
one Lordsday, made it his excuse, that being wett the last day
of the weelt, & 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 profaine neglect-
ing, yea dispismg the ordynanees of Christ tln?oiigh sloathful-
nesse, ■wherevpon the judgment of the court was that he be
publicquely whipped, as he is the first profanely breaking tlie
Saboth, worshipping not God nor wayting for a blessing from
him onn himselfe.
Edward Parlfer 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 sliortlye, & 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'" Ferts answere was that his M' sent him into the quar-
ter & to see whether there were any hoggs w'hin the fence, &
he was bidd by his M^ to bring ho™ a wattor-milion w'h him,
he being bidd to goe 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 honse aiid land and other goods giyan by my father to my
elder hrotlier and myself, wlierein a foefineat of law calling to oonnoell and left in Hie
hands of two foeffees, namely, Mr. William Lavraon and Mv. William BaiJte, to be kept
in trust on onr behalfe when wee should demand it, ourselves, helres, eseon tors, admin-
islratora or assignee, lying in Yorkeshire in a town called Giglesweke in Craveu. This
land and goods, wliat is ofii, is to be deyided into fouer parts, to ba equally devided
amongat the children 1 had by my former wife, as Daniell, Edward and John Preston,
and my daughter Elizabeth, Sarah and Mary, and the fourth part I ^ve to my wife,
and for my son John, I leave him in the hands of Brother Eoger JUleu and Brother
Thomas Munson, to place where Hiey two sliall thinkegood to dispose of him, to such
a oaBuig, either by laud or sea, as he shaJl like bis calling and master,
"To these former I set my hand, William Preston, as my owne act. Witnesse
Koger Allen, Tliom. Munson."
■Wm. Preston Dr. to Zaohry Whitman i£IO, to Mr. MalboaiI),7,8, to Joseph AIsop
iO, IB, to Hoger Allen £1, B, to Bra: Wheeler £0, 6, to Isaac Whitehead £0, 6, 8, to
Wm. Eussell £0, 1, 6, to Mrs. Lambexton £0, 3, 9, to John Chidsey £0, 9.
Wm. Preston is Cr. dew from Mr. Allerton £0, «, 0, from John Clarke £0, 4, 10.
Inventory taken 30th day of the Gth month 1617, by Mathew Gilbert, Joshuah At-
watter, sum £6E, 15.
)yGoo»^lc
164T] NEW HAVEN COLONY EEC0BD3. 325
act of his in this kind &. hoped it should be the last. For Ids
vnrighteousnesse & profannesae 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.
The"! Cefilineh 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 Coust held at Newhayen this 5"' Oci'OBer, 164T.
Mr. John Bracy allyenats vnto Mr. Kitchell his house and*
homelott, conteyning 2 acr. & halfe, and 25 ae. of vpland,
lyeing in Mr. Wackmans quarter nest Mr. Wackmans land,
and 5 ac. of meddow, be it more or lesse, lyeing at the end of
Mr. Wackmans quarter in the west meddowos, & 9 acr. of
vpland, be it more or lesse, lyeing m the neck w^h what
coinonag remained y" vnsold.f
Mr. Bracey alienats to Mr, Jolui Evance 5 ac. of meddow
lyeing at the end of the Yorkshire quarter, in the west med-
dowes.
Mr. Bracey alyenats to Goodman Boykin 9 acr. 20 rodd of
meddow, lyeing next Goodman Gibbs & Goodman Fowler in
the west me dd owes.
[192] 11 Mr. Evance hatla sold to W™ Potter 27 acr J of med-
dow as it commeth to him in the townes books, and it lyeth
in the east meddow bctweene Mr. Craync & bro. Punderson,
and 32 acr, of vpland belonging to it next to Mr. Gilberts
farme.
Mr, Evance hath sold to Henry Gibbons 20 acr. f , 17 pole of
the land formerly belonging to Mr, Trowbridge, w«h is pai-t of
the first deyizion of land lyeing one this side the West Eiver;
and 2 acr. of meddow in the west meddow lyeing nest Mr.
Allertons meddow.
)yGoo»^lc
326 NEW HAVEN COLONY EECORDS. [1647
Mr. Evanee hath sold to Antho: Thompson 4 acr. 26 rodd
of Mr. Trowbridges first devizion, lyeiiig on the west side.
Mr. Evanee hath sold to W™ Gibbons 2 ac. of Mr. Trow-
bridges meddow nest Mr. AUerton.
Mr. Evanee hath sold to Mr. Rotberford 3 acr. of meddow.
Mr. Evanco liatli sold to Jn" Walker 3 acr. of the same
meddow.
-^ Mr. Evanco hath sold to Eic'' Osborne 3 acr. of the same
meddow.
Mr. Oeffinch chardged Hen. Whelply w'h driveuig away a
bullock of his long since, by w'^h means its lost.
Hexiry Lions testimony vpon oath was read, wherin he tes-
tifieth that though they had indeauored to have driven back a
beast of Mr. Ceffinches towards Newhaven, from Mr. Crayns
penn onn the west side, tliey 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. Ceffinches, &o.
Goodm" Daighton saith that hee looking w'h others for Mr.
Bernards cattle, & finding them with strange cattle, mott Mr.
Crayne 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. Ceffinches bullocke w'h them, then he told Heniy
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 bullocke vnder the West Itocke.
Mr, Knell informed the court that at the waterside at
Poquanock ferry they did indeavour to have driven oner their
cattle, and then one ranne away but afterwards was fownd,
and Mr. Caflinch doubting it had bin his bullocke had the
sight of it & liked it not, and indcad all of them proved Mr.
Bernards. Goodm" Daighton testfied vpon oatli what he had
respectively testified.
The centence of the court was that the damadges must fall
vpon the playntiffe, he being defective in proofe of hs chardge,
and ordred to allow 5= to Henry Whelply besids the cliardges
of the court.
)yGoo»^lc
1647] NEW HAVEN COLONY EECOSDS. 327
Roger Knapp complayned of wronge don him by Mr.
Oeffinches swine & moiiney dew to him, but could not get it,
but by consent of both partjea. G. Judson & Mr. Wackman
were chosen to arbitrate and end the difference.
Goodm" Johnson alienated 5 ac ^ of vpland to Eic'' Pery,
\v=h was the 2'* pt of the first devizion belonging forni''ly to
Dauid Yale.
Phillip Galpin appeared on behalfe of his wife who should
have bin corrected for her sinfull folly in fornication, but now
seing a barrc 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, aa appeared vpon testimony from fclie mid-
wife, she was fined 20^, the court respecting m^cy in her case.
Ambrosso 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" Cefiinches when they
were abedd, & that Joseph Guernsie & Elia* Downinge went
forth w'h her into tlie quarter to eate wattermjUions, about
one aclock at night, & were fownd bj the watch. But he
added to her wronge, that they sent away Elizabeth Downinge
least that Mr. Oafiinch should wake, and they two went to-
getlier, & that Joseph Guernsie should say he could doe what
lie would with her.
Ambrosso Sutton confesseth the thing is true,but feare hin-
dred him at the Go"^ and hearinge it would be denyed, he also
denyed it against hs present light. Joseph Guernsie told him
part of this, and Richard Lovoll the other part.
[193] II Ric'' Loyell said that Joseph Guernsie told him ho
had bin gathering watermjilions w^h Margeret, & sitting downe
he fownd her plyable, he might have done what he would, but
said notliing 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 somthmge, but he could
not say soe of her.
Kio'' Lovell and Ambrosse Sutton both testified that he had
told them he could have don what he listed witli her.
Eliz^ Downinge said she was by all the while & not sent
away as its reported.
)yGoo»^lc
328 ^fEW haven colony eecoeds. [1647
Tho"" Dume, who lived in the famyly w'h Margeret, inform-
ed the court he had never seene any light carryadge in lier,
John Lawrenson told Mr, Malbon he was sorry he had
spoken at all of it, seing that thom that had said it did denny
it.
Joseph Guemsie for his raysing a reproach vpon Margarett
Oadwell & afterward lying in the thinge when lie was ques-
tioned, for wh he was fined 40= to the mayd & 20^ to the
towne,
Ambrosse Sutton hearing this report spreads it to strangers,
& hearing he is lik to be questioned about, saith he will & doth
denny 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 Lovell was fined for Ms hearinge this false report
& resolution to conceale it from the cogniscance of the magis-
trate, 10= to the maide.
Mr, John Ceffineh refxissed to accept of the executorship to
hs bro. Tho™ estate.
a the kacdwriting of Fraocis Newman.]
)yGoo»^lc
1647] NEW HAVEN COLONY EECORDB.
[For tho roooril of the General Oourt October 18, lOiT, sBt
[194] At a Oourte held at Newhaven the S'^ day op
jjoubmbbb, 1047.
SamacU Hogkiiies dissired that he miglit have his fine, or
pt of it, taken of, vfh he was tiiied for goeing awaye from
trayiiing in the aftenioone w'houte leave, but the courte sawe
no cause to abate any pt therofe.
Richard Myles being "warned to bringe in an inveiitorie of
Thomas Clarkes estate, informed the courte tliat Thomas
Clarke only gave hime order to receive of Robert Bniry 11'
for a house and lott aould to the saide Robert, w-li 11' hee,
the said Rich''' Myles hath received, but he knoweth of noth-
ing of nothing' elc left heare as any pai't of Thomas Olarkes
estate.
George Ward and Lawxanc Warde plantiffs, declare against
the company of marchants of Newhauen, viz'', Mr. Theophilus
Eaton, now gouerner, Mr. Stephen Goodyeare, Mr. Richard
Malbon, Mr, Thomas Gregson. First, that the said company
spake to them to make a suit of blockes for the great sliipp.
S^'j, that they spalce to Mr. Lamberton to give them the de-
mensions. 3^'y, that Mr, Lamberton did it, 4'ly, that these
blockes were made by them the said Geo ; and Lawranc Wardo
and deliuered in and received by Mr. Hart as the companycs
agent. 5'ly, that for these blockes the marchants promised
paye. 6^lj, for these blockes they the said Geo : and Law-
ranc Warde haue received pt of ther paye. .
First Lawranc Warde saith that, meetting Mr. Gregson and
Mr. Lamberton together in Mr, Dauenports streete, Mr. Greg-
son said to himc 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 goc 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
42
)yGoo»^lc
330 NEW HAVEN COLONY RECOEDS. [164T
that Goodman Myles had spake somewhat to Mme aboute them j
then Mr. Gregson said, what hath Goodman Myles to doe w*h
them, the belongs to y" rigging, doe they not brother Lamber-
ton, he answered yea; but Liftenant Seely can saye somewhat
to this matter.
Liutennant Seely affeirmed that he could testifye nothing
that Mr. Gregson did bespeake these blockes for the shipp,
but Lawranc Warde asked hime, the said Leiutenant, on time
to goe along w^h liime to Mr. Lambertons, accordingly he did
goe w'h hime ; hee spake to Mr. Lamberton aboute paye for
these bloekes, Mr. Lamberton said he bespake them not for
himeselfe, butt was sett on by the company and was their agent
to give direction to hauc tliem done.
The Govemer answered that they the saide marchauts 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,
BO saith Mr. Goodyere and Mr. Malboii, and Mr. Gregson being
absent could not answer for himselfe.
Further Lawranc Warde saith that Mr. Lamberton came a
second time and bespake tlie bloekes 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 v/^\i paye. She was asked if she knew wheither it were
for these bloekes 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, tlie said Lawranc
Warde, proues by his owne testimony and Mr, Harts hand, for
he saith y' Mr. Malbon wished hime to deliuer them to Mr.
Hart for them, and they did so, as Mr. Harts bill vnder his
owne hand will showe. Mr. Malbon saith be remembers it
not, but if bee did it was to doe them a kuadnesse, because
they were to goe oat of the towne and might not knowc where
to laye them.
Further Lawranc Warde saith that the feoffees, viz*", Mr.
)yGoo»^lc
1647] NEW HAVEN COLONY RBCOSDS. 33l
Wakeman, Mr, Attwatter, Mr. Crane and. Goodman Myles can
saye something in this matter.
Mr. Wakemau saith for the bargaine he can saye nothing,
but a litle before Jllr. Gregaon went, some mottion was made
to them the said feoffees to paye, wh was veroy strange to
them, and therypon they mett at the gonerners w^h the mar-
chants, Goodman Warde was there and aleadged 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 tliem. 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. Danenports 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', therypon
Mr. Gregson seemed somewhat moved and said to the gou-
erner, if tliey will not paye then I shall leaue my sliarc, but
then I will haue them in my or our custody and wiU 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 wont, it was
asked wheitlier 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. (
tended they should be payde for out of his owne estate, rather
then tlie men should bee vnpayde. It was demaunded
wheither Mr. Gregson in all these debates did saye or carye it
as the companys a^ent, but they could not affeirm that, but
Mr. Evanc said that Mr. Gregson ever denyed it.
Lawranc Warde saitli that his wife went to the gouerner for
some cloth vpon this account, Goodey Myles being w^h her ;
the gouemers answer was that hee had payde a some allreadio
)yGoo»^lc
332 NEW HAVEN COLONY RECORDS. [1647
for her brother, w"h was as much, for any thing bee knew, aa
his pt came to. Goodey Myles saith she went w^h Uoodey
Ward to y« gouerners, she dissiered some cloth, he said hee
had not but for his owne Tse, but for his pt hee had payde as
much a^ 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 cannot saye tliat
is was as a debt to her husband.
The Gouerner answered, it is true Goodey Warde came to
hime for some cloth, he tould her then, that for the blockes
he liad nothing to doe w'h them, nor did hee bespeake any,
biit if tlie feoffees would joyno, rather then they should bee
vnpayde, bee would paye his pt; and for that he said hee had
paydo as much as bis share, it was thus, Goodman Wlielply
threatening to put George Warde into y^ courte for a debte
of 3' : 10» ;, the governer wished hime first to gett a meeting
of the feoffees to consider fiirtber of the blockes, others of
them being from home, Mr. Crane only came, and w'h Ms
consent the gouerner gave a note to Goodman Whelply for the
3' : 10", and tooke the accquittanc in his owne and Mi-. Cranes
name, refusing vtterly to paye a penny but in a joynt way w^h
the feoffees. This both Mr. Crane acknowledged and the
acquittaiic cleared.
Further, Lawi-anc Warde saith that Mr. Goodyere sent for
pt of tliese blockes & made vse of them. Mr, Gfoodyere saitli
that Mr. Powler sent to hime to gett liim on blocke wh he
wautted for his vessell; 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 neceesitie, he acknowledgeth he sent for on
blocke, and Mr, Fowler pronused to deliuer such another for
it, for he had spoke to Goodman Ward for some.
Captaine Aatwood propounded tliat seing the case was difii-
eulte, ther wanting full evidenc on the plantiffs 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 referenc w'h the plantiffs. The marchanta
expressed themseluea willing, and the feoffees answered, that
)yGoo»^lc
1647] NEW HAVEN COLONT RECORDS. 333
as feoffos 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 tlie Wards expres-
sed themselues very willing. The matter being thus muttu-
ally agreed they chose ther men, the marchants chose Oap-
taine Astwood, the "Wards Mr. Disbrowe, the feoffees Mr.
Davenport ; so the suit being stoped, the cause was reffercd to
these 3, or any 2 of tliem to isue, by the consent of all pties.
Mr. William Westerhouse dissires of the courte, (Mr. John
Evane being his interpreter,) that the three Duch men wh
are prissoners at this time, maye liaue ther libbertie, and he
and Mr. Samuel! Goodanhouse will hee bound in a bond of a
thousand Holland gilderes for ther appearane.
Answer was returned them from the court, that if the said
Mr. William and Mr. Samuell woidd enter a recognesane of
a tliOTisand gilderes, that these three men wli ai'e prissoners,
all and every on of them shall be forthcoming att the courts
call, they shall haue ther libbertie, and tlie said Mr. WiUiam
and Mr. SamueU being both present, said they would bee so
bound, whervpon the marshall had order from the courte,
that before Mr. Evanc he should deliuer the three prissoners to
them.
Fiu'ther, Mr. William Westerhouse, (Mr. Evanc inter-
preter,) dissiered the courte to grant him an areat vpon that
money w^h is in Mr. Goodyeres hand, to be payde to y Duch
gouerne'*, vpon the consideration of his sMpp 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
wh maye arise by such an ai'est, it cannot be granted.
Mr. Pery passeth over 35 ac^ of vpland to John Clarke and
Samuell Whitliead, lying on end butting vpon the necke
liighway, the other end butting vpon the mill highwaye, be-
* For the ship eallea the Zwoll, whioh the anthoriiies of Fort Amsterdam bud sold,
Sept 21, to Mr. CofMiyeai', mid oontrHcted lo deliver nt New Havaii. tinder pretext
of conveying tlie oratt in safety, they put soldiers on board, and by tiieir ^meana.
seized Mr. Weaterliuyieiis sljip, the St. Beiiinio, and oanicd it to New Anislerdum.
0'Callagliati,M.N. ii. 48,
)yGoo»^lc
334 NEW HAVEN COLONY RECORDS. [164T
twixt the land of William TuttUl and the land of Fra:
Newma.
Mr. Pery paaeth over to Bichard Hull, 10 ac^ and halfe of
vplaiid, w=h lyes neare the mill, wHiin the two myle.
[196] llMr. Pery passeth oner to M"^ Turner 14 ac''= and
a halfe of meddow, lying in the east meddove, wh is aU that
proportion wh did belouge to his owne proper lott.
Mr. Pery passeth ouorto Thomas Munson, 16 ac^ of vpland,
w"h is on h^fe of the second devission of land w«h belonged
to that lott -w^h was old M"« Battons, lying on the other sid of
the West River, behind the Yorkesheir quarter.
Hee passeth over 16 ac^ more of the same land, lying in
the same place, to Thomas Moris.
Mr. Poll being warned to the courte to answer for some
ill returnes he sent to the generall courte when they sent to
hime for his wives fme, Wh, as the goueme' tould hime,
rather held forth a contempt of the courte then otherwise, hee
said he tho^tght it not his debte,but it wsls tould him his wiues
debts were his; he said, the court cannot take what is mine.
The goneme' said y^ courte must consider that, lie said it was
a new thing to hime, he heard not of it, it was tould hime
that was not likely, but hee must know of it, seing it was done
in open courte, but if he had come to the court and given a
faire answer, something might have bine considered, but he
said he dissiered to consider of it. The court gave hime a
moneths time, and if he dissiered a copie of the proceedings
of the courte, he might have it, payeing the secretarie for
wrighting of it.
The l^f" of the S"" moneth, WiUiam Andrcwes junf was
called before the gouerner, magistrats and deputies for the
towne, and then was charged for the sinn of drunkennese
the last weeke, w^h thing he did not deney but confessed as
hee needes must, ther being severall wittncsscs w^h sawe it ;
as John Clarke, John Walker, his master Mr. Evanc ; this fact
was considered. The gouerner tould hime he was sorey he
was come before the courte againe for this miscariadge, seing
he had bine fined one allreadic, cither for drunkennese or
drinking and tho cause of others being drunke, that now the
)yGoo»^lc
1647] NEW HAVEN COLONY RECORDS. 335
courte must thinkc of some other waye of piinishment, seiiig
it seemes to bee a sinn rooted in him.
The court considering these things sawe cause to agree that
he sliould receive corporall punishment by whipping, for that
was the proper punishment for such brutish sinns, but be-
cause he was to goe awaye suddenly in his masters shipp,
(maye be this night,) therfore tlie courte a^eed that 5' be
depossitted as a fine laide vpon hime, for vfh 5' his master
Mr. Evanc did vndertake, that hee at his returne he maye be
brought forth to the courte againe, and vpon good testimony
of his good cariage and boljaniour the courto will consider of it.
Att a Courte the 7"' day op Djicember 1647.
The will of Nathaniel Draper' was deliuered into the courte
by WUliam Russill, for Phillip Galpin, and being read was
deliiiered to the seoretarie 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.
Pell.
The gouerner acquainted tlie court that he heard that An-
thony, the neager, Ins servant, gott some stronge watter, and
hee heard that hee was drunke, therfore, because it was openly
knowne, he tliought it necessarie the matter should bee heard
in the courte, whereas, had it bine keept wi-liin tlie compase
of his owne family, he might have given lum family correction
for it,
Anthony saith he did goe to Mr. Evanc his- house for some
suger, and Mathew, his neager, asked hime to drinke, he did
not refuse it, Mr. Evanc his neager pouered somewhat out of a
* " Will of Nathaniel Di-apor made the SS^n of the 2'i month 146T.' '
Gives to Phillip Gnlpma; all of Ui9 tobacco I have aboai'il of the barke Faulcon.
Sftid Philhp to teoeire all his wages dne to him from Thomas Pell for 'Us seiTJoe in
this barke.— Acquits Elias Parkman of a bill of £3. a. 4. escept 20" that he gives to
Hanry Eotharlbrd. Witnass, Artlinr Branch.
Affidavit of Arthur Branch before Mr. Edwart! Hopkins at Seabrooke the 1=' of
November 1647, that he -wituBBBed the above will aboax-d the barke EaulcoH, of New
Haven, then riding near Kikntau in Vir^ia.
,Gooi^lc
336 NEW HAVEN COLONY BEC0KD8. [1647
runlett and gaue it liime and went awaye, and he dninke,
not knowing wliat it was, and after hee had drimke hee was
light in his head after hee came abroade.
Mr. Evanc his neager saith, Autliony coming to their house
he asked himo to drtnke 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, bee said but one, but as hee conceiveth, at one hee
drajike aboute tlie quaiitetie of 2 wine glasses. It was asked
hime wheither he gaue it hime for beare, or toxild 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 tliey haiie
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-
iug it will bee a warning to hime for time to come, thought
it fitt and agreed not to inflict any pubbque corporall punish-
ment for this time, bxit as the gouerners zeale and faithfuUnes
hath appeared, (not conniving at siim in liis owne family,)
so they leaue it to hime to give that correction w^h hoe in his
wisdome shall judge meete.
[1D7J IIM^'' Turner deliuered into the courte an inventorie
of the estate left by her deceased husband, Mr, Nathaniel
Turner*, wh was read and deliuered to the secretaric to bee
recorded.
M"" Turner and Mr. Pery chose Mr. Gibbard and Francis
Newman to heare and end some differenc betwixt them
aboute the payeing in of some pease, wh Mrs. Turner was to
paye in to Mr. Pery for some meddowe she bought of hime.
* "An inyontorie of the estate Of Mr. Nathniiisl Turner." Amonat, iG46!'. 7. 3.
prisBd thB 3ii daj of the lOih month, 1647, by Frimois Newioan and Eichard Miles.
Debtors, Thomas Meekee, £li. Samuel Hodgkins £5. Thoraas Knowles £0, 18.
Mrs. Gregson £1. 3. Ja\m Benhora £0., 2. Benjamin Wiilmot ^0. 9. Thomas Pell,
William Andrewes for 3 hides.
Tha estate of Mr. Mathaniel Turner is debtor
To Mrs. Higginsons estate £2S. 7. to Mr. MaJbon £7. 9. to Mr. Gilbert £1. 10. to
Eo^r Allen £1. 7. to Mr. Pery £7. 13, 6, to Mr. ADerton for wages to servants £2-
to Mrs. StoUion £0. 12.
)yGoo»^lc
1647] NEW HAVEN COLONY EECOEDS. 837
M'''= Turner declared to the courts that she conceives her
hushand made a will and left all hee had to her dispose, as
two of her daughtei-s can testifye the same. Rebecka Turner
saitli, that when her father was to goe awaye, her mother dis-
aiered hime to make a will, but hee answered that liee would
make no will, but hee judged her faithfuE and had found her
faithfall, therfore left all to her and wished her to bee good to
the chilldren, and wished the chiUdren to beare wittneas. 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 goo awaye and lie was lotlie to put
liinie to trouble, it was by his order only scrued 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 bo made goode,
but now some of those debtes seeme not to bee good, and the
hogshead of pease is required by his order to cai'ye 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 Mr. Evanc promised to put in secixretie.
Steven Reekes, master of a vessell that came from the Ear-
badoes, was called before the court to answer for some mis-
cariadges of his on the Saboth daye, viz^ : — that he, tlie said
Steven, did, contrary to the law of God and of this place,
halle vp his shipp to or towardes tlie necke bridge vpon tlie
Sabothe, which is a laboure proper for the six dayes, and not
to be vndertaken on the Lords day. Mr. Eeekes answered
that tlieir shipp laye on ground and had not fiotted some
dayes before, but that day the winde coming vp at the south-
east, broixght 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 bauing neuer a boate to
caiie another ancor forth, Hee was toold they should have
provided for that before, for it is y« duty of aU men to remem-
ber the Saboth, and to provide so beforehand that nothing maye
disturbs them vpon the Saboth, viilesse it bee in cases of
43
)yGoo»^lc
338 NEW HAVEN COLONY HECOEDS. [1647
mercy oi' workea of such necesaitie as could not be provided
for the day bcforo nor ataye till the day after.
Mr. Larehe, a Beaman belonging to the Pbenix, was called
before the cotirte, to answer to some miseariadges of his vpon
tlie same Saboth, viz^, that he, w'li some other company, went
aboard tlie Phenis, and did worke not proper for that day, as
hailing of the vessell, and emptying some stones out of a can-
now to help them in that servie. Mr, Larebe replied, that hee
conceived the worke was a worke of charitie, to preserve the
vessell that it might not perish, for their was some danger of
her ouer-setting ; "besid, Mr. Pory came to hime himeselfe, and
saide it was fitt some bodyo should goe downe. Mr. Malbon
saith that Mr. Pery was at his house, and he was spcakcing of
some danger the vessell might bee in, whervpon he wished
his Sonne Pery to goe 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
hee ought to rest. Then Mr. Malbon wished hime to give
order that nothinge 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. Larebe, w'h diueres others, went and wrought, contrary to
the lawe for the Saboth.
The courte considered bothe these cases and findc them to be
much alike, and considering the persons, that they are stran-
gers, and thinking they did not doe it out of contempt, but
ignorantly, they agreed for this time, (that they acknowledg-
ing ther failings, and promising amendment for time to come,)
to pa^e it by, but if any of our owne take libbertie heareby,
the sentenc wiU bee heavier on them.
Abraham Bell paaeth oner to Jobe Halle his wholle lott wi'h
was given hime hy 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
botli sides of a pee of lande called the club, on end abutting
vpon the west meddowe.
[196 bis} Theophilus Higenson passeth ouer to Clu-istophcr
)yGoo»^lc
1647] NEW HAVEN COLONY HBC0RD8. 839
Todd his house and home lott in Newliayeii, containing ^
lying betwixt the lott now William Jiidsona, and Mr. Tenches ;
w'h 8 ac's and a halfe lying in the third devisaon of that
quarter, wthiii tlie 2 myle, on end abutting vpon the plaines,
w"h is the cow pastuer, betwixt the land of ^
And 24 ac^ of land, if he haue bo much, Jying in the Necke,
by the fene side w'^li goes downe to the meddow. On pec of
meddowe lying nest the 24 acers of land, lying for 5 ac'^ and
a halfe, bee it more or lease, Wh is all the meddowe Mr. Hig-
enson hath remaining to himselfe at present ; and 20 ac^ of
land on the other side tlie West River, w^h is to lye amounge
the smalle lotts.
Mr. Gibbard and Francis Newman were chossen in courte
by Mr. Oafftnch and Iiis brother Samuell, to hearo, and if they
can, isue some differenc betwixt them, aboiite some land wh
is to bee devided betwixt them.
James Hayward entreth againest William Wooden an action
of defamation, & declareth that the saide WiUiam Wooden,
hauinge bine in the Baye and returned home heither to New-
haven, hath reportted diveres tilings of hime, of his cariadge
in the Baye, w"h are not true, but scandalous, and to his
great wrongo. As that he, the saide James, went'aboute w^h
many lyes and vntrnetlies, and goeing aboute to cleare mat-
teres ccncerninge a maide there, hee made them much worse.
He saide hee had discovered himselfe to bee very false harted,
and was perswaded he should nener be received into the church
againe, but if all was Itnown y' he knew, they coulde not but
banish hime oute of the cimtrye, and that hco had discovered
a base frame of spirit when tliey lined at Oaptaine Turners
together, w^h things hco disaiered 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 denyeth that hee
saide if all were knowne that hee knewc, 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
)yGoo»^lc
S40 NEW HAVBtE COLONY EBCOEDS. [1647
dealt basely w'h hime at Oaptaine Turners, and that lie went
downe into the Baye to cleare matters and made tliem worse,
and if all knew that he knew, be would bee banished. And
aboute Mr. Nona, that James gott a letter written, malceing
Mr. Noris beleiue lie gaue the woman and maide satisfaction,
when bee did beleive ther was no such thing ; and that James
saide a man could not haue a pare of shooes at Newhauen
vnder 6% readie siluer ; and that he caried lyes from hone to
the Baye, and brought Ijes from thenc heither, and that this
was on of the basest places he euer came in.
Beniamen Hill saith, he heai'd 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 be heard, (or they knew as much as hee,)
and that he dealt basely w'h hime at Captaine Turners, as in
tlio margent.
John Mascalle saith, that hee goeuig into the Baye, went to
Goodey Perys, tlie maids mother James should haue bad, she
asked bime bowe James did, he said be thought bad iiioughe,
for he was cast out of the church, she said for what, be said
for being drunkc, she and her daughter said be was much
given that waye when hee was there. They said they thought
to come heither, but James discouradged them, and this pas-
adge she read ui a letter, tliat they could not haue a pare of
showes hear vnder 6^, readie silver, nor diett vnder 5= 6'' a
weeke, 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 coui-t considering the premises, and seing tber is a
letter spoken of w^h Goodey Pery hath of James his wrighting,
in w^b, wbeitber ther be any thing to discover further guile
ui James, or any thing further to cleare the matter in band,
they are not yett cleare; therfore, the courte tliinkes fitt to
respitte it, only this they judge, that William Wooden bath
spread these things 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 he was willing to respite
it, he saide yea, so William putt in seciirctio ; therfore the
)yGoo»^lc
1647] NEW HAVEN COLONY RECORDS. 341
courte ordered that William putt in securetie. After a small
space of time, James Hay ward aertifyed the courLe that he had
receiued securetie of William Wooden for his appearanc, till
the first of March nest.
The inventorie of the estate of Mr. Thomas Grregson de-
ceased, was deliuered into the courts, and being viewed, was
deliuered to the secretarie to be recorded.*
Vpon a request from M.'^'^ Lambertoii, tlier is a monethes
time given her to bring into the courte an inventorie of the
estate her husband left.
[197 bis'] II Harvie declareth, that aboute a yearc agoe be
propounded some termes to Mr. Pell aboute some heavor, that
is to saye, if Mr. Poll 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 termes of agreement,
first they bargained for a cowe, then for hoggs. For the
cowe he promised beavor w^hout exception, her prie was 6'.
For the hoggs liee would not absolutly ingadge himselfe for
beavor, but if the bargaine went on, if bee payde not in beavor
heare, he "would paye in England, but if beavor came in, he
should bee payde in that heare. 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 hee had it not, nor was hee ingadged to
* " An inventorie of the estate of Mr. Thnmas Gregion, ttiken tha 2nil of Uie nth
month, 1847." BeaJ ostafe £246. Peraooal estate £225, 18, 6. Debts £16, 7. Total
£490, 6, 6, signed Mathew Gilbert, Bichard Miles.
Tlia ostate is Cr. to Phillip Leeke £1, 7, to Burwood of Stratibrd £1, 6, to Adam
Nioolls £1, 6, to an adventure in Uie Sasan to Barbadoes ^14, 2, to John Gregory
£0, e.
The estate is Dr. to Mr. Stephen Goodyeare £6, to Mr. John Evajioe £S, 6, to
Henry LiadoUe £6, 6, 2t, to the towne for rates £0, 7, 8, to the pMrtable aooo. of Mr.
Stephen Goodyei'e and Mr. William Hnwkines £40, 7, 2i, to Mr. Davenport, ^£3, i, to
Mrs. Lamberton £3, 2, 11, to Mr. Malbon £2, 7, to Edwai-d Wiggleswortlie £10, 6, to
Thomas Wheeler £1, 16, 6, to Mr. Butler £3B, 4, », to Mr. Ling £10, to Mrs. Tnruet
£1, 6, to several in sniallei- soms £1, 10, total £126, 3, 2.
)yGoo»^lc
342 NEW HAVEN COLONY RECORDS. [1647
paye beavor, and bide hime, tbe said plantiffe, prove tbat be
was to give a bill for England. Tlio plantiffe asked lume
wbat paye be was to bave, be said if he liad gon to England,
be would have given hime a bill. Mr. Attwatter saitb, be
heard Mr. Pell saye, if Goodman Harvie had gone himeselfe
for England, he would haue given hime a bill out of cnrtesyo,
Mr, Evanc saitb, be beard Mr. Pell saye, be was to provide
beavor for Goodman Harvie, but in refferenc to tbe bargaine
he can saye nothinge.
Mr. Pell answered, that for tbe cowe he did acknowledg
beavor, but for tbe hoggs the trneth is, Goodman Harvie vrged
hime to take them, he denyed it many times, but when hee
brought them and they were killed, be then demaunded
beavor or bills for England, at w^h Mr. FeU saitli be wonder-
ed, and denyed it, but, as a frend in curtesy, promised to doe
what heo could, but no pertiekular paye was expressed in the
bargaine.
Goodman Harvie saitb be first made a punctiaU bargaine
before he brought his hoggs, that is to saye, 6' in beavor for a
cowe, and porke at 3'^ tbe pound, to the vallew of twenty
pounds in beavor, or a bill for England, for some wampome he
left at Ms bouse. Mr. Fell said it laye by as he brought it,
and so he should haue it againe.
Mr. Pell obiected against on of the hoggs w=h was miselled,
w^h Groodman Harvie was willing to let goe at 2'' a pound,
wh hogge waide about ^
Mr. Pell was asked wheitber be bad any more to saye, he
said no, then tbe court proceeded to censure, but being devided
in ther apprehensions, would not isue it at tbat time, but after
by an appeale by Goodman Harvie it was brought before the
general! courte for the jurisdiction which then was sitting
at Newhaaen, and they, hauing beai-d the case, did incline
to perswade tJie plantiffe and defendant to isue it themselues,
so Goodman Harvie propounded to Mr. Peli, that if he would
paye for tbe cowe presently in beavor, and for tbe boggs in
good marcbantable beavor at 8^ tbe pound in June next, be
would be content to staye, Mr. Pell giveing hime good secure-
tie for it. This oiTer Mr. Pell accepted, so that tbe case isued
)yGoo»^lc
1647] NEW HAVEN COLONY EECOEOS. 343
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 ; Sii p ' is to be allowed for the miscUod hogge,
for the rest of the porke S"^, p ', and what remaines vpon this
debte, the cowe being payde for in beavor presently, he is to
haue in June nest, in good marchantablo beavor, at 8' p '.
The Gouemer tould Mr, Peli he was warned to bringe in
the uiventorie of his wives estate, left by her former husband ;
he said he could not, because accounts was not nor coulde not
yott be made vp, but ho 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
ther was forbearanc inoughe allreadie, but yett they granted
hime libbertie till the nest monthly coiirte,
Mr. Evanc, for M"« Lamberton, declareth, tliat Mr. Pell,
possesing the estate of Mr. Francis Brewster, by manage of his
wife, is debto'' to M"^ Lamberton, 46': 06^- 02^^, as appeares
vpon account in M' '^ Lambertons booke.
Mr, Poll said Mr. Brewster left bchinde hime a Mil of his
debts, in wh is Mr. Lamberton 3' in his debte, beside they
wear ptners in some goodes they bought together, but those
accounts for ought he knowes arc lost.
Mr. Evanc saith it is true that ther was a ptable account
betwixt them, w-h, as is conceived, was isued betwixt them
before they went henc, beside this proper acC now demaund-
ed, and for that he offered proofe, first by Eogger Allen, whoe
had pt of those goodes w«h were ptable betwixt them.
Kogger Allen testifyeth vpon oathe, that he bought some
lorn and coales of Mr. Lamberton, in w'^h he conceiveth Mr.
Brewster had pai't, and thinkes he had some of them before
they wore emptyed. Mr. Lamberton sent for hime, and tould
hime if he would take tliem together, he would gaine but a
litle by thom, ho bought about 20' worth of them, and was to
paye in wheat. A little before the sliipp 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
)yGoo»^lc
344 NEW HAVEN COLONY EECOEDS. [1647
time, and therfore tould hime he would allowe wliateuer
damadge hee susteined for want of due payement, so they liad
[198] a meeting aboute the acc" at Mr. Lambertons, ]| and
they appointed this deponent to come, wlioe was ther as he
coceivee, more then one or twie, at last the reckoning was
agreed, and they together demaunded damadge for 10', not
payde in time, and tliey had it, so wee isued. After this time,
Mr. Brewster spake no more for the wheat, thoughe lie had
bine very earnest for it before, nor did he, after this, offer the
remaining pt of the eoales, tlioughe before he had, but this
deponent conceivetli tliat that day they went awaye, he was at
Mr. Lambertons, and vpon speech of the debte, Mr. Lamherton
toxild hime he must paye it to liis wife, for so it is agreed,
saide hee, in makeing vp our accounts, and for the rest of the
coaies, saide hee, I would faine haue the talce them, and I will
take paye for them in England, of yo' father.
W'^ Linge testifyetli that they being to by some thmgs of
Mr. Brewster, they dissiered Mr. Lamberton to paye hime,
Wh he sayd he would doe, but they hearing Mr. Brewster
complaining of the badness of the paye of tliis place, fearing
least it should be offoncive to hime, they went and payd hime
themselues in manlt, and after, told Mr. Lamberton they had
satisfyed hime for those thmgs he was to paye for for them,
Mr. Lamberton said he w£^ sorie, for he had accounted w'li
Mr. Brewster, and Mr. Brewster w!^ in his debte.
Mr. Bvanc further, to proue the proper debte, (beside the
booke vnder Mr. Lambertons hand produced in courte,)
offered tlie testimony of Phillip Leake, and of Mary ^ ,
wi'h was Mr. Lambei-tons servant.
Phillip Leeke testifyeth vpon oatli, that Mr. Lamberton and
Mr. Brewster being at his house, as he takes it that day cap-
taine Turner went aboard to goe awaye, he heard Mr. Lam-
berton saye Mi-. Brewster owed hime 45', and he heard Mr.
Brewster make no replie against it.
Mary ^ , saith that the Lords day at night, before
her master went awaye, hauing sate vp late to cast vp the
accounts, she heard hime saye that Mr. Brewster owed hime
45', beside the cordadge.
)yGoo»^lc
1647] NEW HAVEN COLONY RECORDS. 345
Mr. Pell ohieetod against somo coatc beavor at 12^ p >, w"h
was brought to 10', and against some turtle slicJls at 8% Wli
was aliao brought to 7« : 6'' p ', and tlier was halfe a quarter of
beefe, y« waight not kuowne, w^h was rated at 10% so that the
debte is brought to 44', 17% OS'i.
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 retiu'ned and the cordadge en-
tered vpon acco. The ptahle ace" he coneeivetli is cleared by
Rogger Allen and M"= Linge, and the proper ace" by Phillip
Leeke and Mary ^ . And by the booke w"h is pro-
duced.
Mr. Pell was asltcd if he had any more to saye, he spake of
the cordadge, and passadg of a maid, and some wine ; ho was
told that what appeared to be JListly due to liimo must bo
allowed.
BotliG ptios hauiiig had libbertie to saye as much as the
woitld to the ease, the courte proceeded to judgment, w^li is
tins ; tliat they judge that the ptable ace" was eloared, and for
the debte demaunded of Mr. Pell by M''^ Lamberton, 44' :
17^ : 08<i, hath bine proved, and must be payde to M''" Lam-
berton by Mr. Pell, provided, that what debtee Mr. Pell makes
appeare to be oweing to hime, must be deducted,
Richard Beech dissiered of the courte that he might, till
further order, retains in bis hands the estate of William lies,
deceased; but be being not fitted to give iu sufficient secure-
tie, it was respited till another courte.
John Meges declareth that at two several! times or agree-
ments, he bargained with Henery Gregory of Stratford to
make 14 dosson of shooes, and was to give hime 12'^ a pare for
makeing them, earying them to hime readie ciitt oiit. Tliat
he payde 48» of this before hand, and 6' more he was to haue
when ho had done halfe the workc. He was to doe it well and
sufficiently. That Goodman Gregory hath made 13 doason of
them, but they are all naught and fall in peces, some in a
weeke, some in 14 dayes time, so that the plantiffe is damadged
both in his name and estate. In his name, bothe at Oonnecti-
cote, Long Island, Totoket, Guilford, Stratford, Parcfeild, they
44
)yGoo»^lc
346 NEW HAVEN COLONY BECOEDS. [1647
all cry out, and some thinke the plantiffe -worthy to be putt
ill prisson. And by reassori of it ho further saith, he hathe
bine forced to breaJce ingadgmeiits w'h Mr. Evanc, whoe
should haue received 30' worth of this ware, and he turned it
backe as vnmarchantaWe, and what damadge will come iiir-
ther, he kiioweth not. Beside it hath hindered liime in his
trade to his great damadge, he being on that deales w*h many
people, they haue shnned to by any ware of hime. The plan-
tiffe further saitlxthat Goodman Gregory hath not onely made
the ware badely, but hath spoyled the leather by layeing them
[199] in the sand {j that some of them are rotten, they were
ptly couered w'liiii and w'hout, 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 heeles, and had wherw^hall
to doe it, lie made them plaiue, and by tliat 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 tlie 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.
Henery Gregory, the deffendant, saitli, that he receired a
hide from John Meges at 48' pric, for which hide he was to
make hime 4 dosson of shooes Wh. 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, bxit hee, this defendant, before the agreement, told the
plantiffe he would make no more of such leather. The plan-
tiffe promised bothe better leather, and to procure hempe from
Connecticote to sow the showes w'h, but did not performe ac-
cordingly, so that the deffendant was forced to buy flax at IS""
p', and sowed them w'h flax. The plantiffe bringing more
worke, the deffendant saitli 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 tUl the 3"i or 4"' of Nouember. The
deffendant minded hime of his promise to bringe better leather,
& told hime, this is as bad or worse thou the first, that if ho
)yGoo»^lc
164T] NEW HAVEN COLONY EECOBDS. 347
had not better leather he would doe no more, and added, it is
pittie but the tanner should be hanged w^h tanned it, for he
cossens the cuntrye, but he said it was not the tanners fault
alltogether, he the plantiffe was faine because of Mr. Evane his
hast, to take it out when neither the tanner nor himselfe could
tell wheither it was tanned inoughe or no. The deffendant
dissiered to haue hemp, the plantiffe said that thred would
last as longe as the leather; so this deffendant went on aiid
did the worke, all but on dosson, but he neglected to fetch
them awaye. Some leather the plantiffe, or some for hirao,
left at Moses Wheelers, w«h his wife tooke Yp & rent the
graine from the flesh, and some of tlie leather is to be seene
in tlie 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. Elackmans soan had them, and
in a short time they tare out in the whole leather. For make-
iug 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 ]ast> but would teare, they were so little and the leather
BO bad. And for markeing them longer then they were made,
it was becaiise he sent me word that I should marke them as
ho had marked them; and secondly, he sent me a last of the
tenns, w"h was not of y« tenns. The deffendant further saith,
tliat he lost 15 weekes time by the nogligene of John Meges,
for want of worke, contrary to agreement, as appeares in the
wrighting. And for makeing the wooden heeles shooes other-
wise then hee appointed, it was because the deffendant was
faine to take those 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 supplyed w'h matteri-
ails, but Goodman Meges saith he sent welts w'h all the shooes
he sent.
The plantiffe and deffendant hauuig spooken, wittneses
were called and examined.
Jonathan Sargant teatifyeth vpon oath, taken before the
gouemer, the '2S.^^ of October 1647, that he buying a pare of
russitt shooes, closscd in the inside at tlie side seames, of Good-
ly GoO»^ I C
348 NEW HAVEN COLONY RECORDS. [1647
man Megs, lie wore them at the first 2 or 3 times to a neigh-
bours house, but did not, that he knowes, tlien wott the scales
of them ; secondly he wore tliem one at the meeting, being
aboute 40 i-ode ; 3^'j he wore them one more to the meeting ;
that night he walked downo to y^ waiter 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, foraweeke or a fortnight, then theinsoales
and outsoales and all fell from the Tper leather ; he cannot
remember that he wore them any more then this.
Thomas Whitewaye dothe testifye vpon oath, that he bought
a pare of russit shooes of Goodman Meges of Newhauen,
clossed in tlie inside at tlie side seames ; he wore them 3 or 4
dayos and then the out scales ripped, then he sowed them
againe and wore tliem 3 or 4 dayes more, and the insoales,
welts and all came of, then be 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
vper leathers being not broken, ncr the out soales so much as
broken at tlie toes, insomuch that this doponent said, he thought
it was iitt Goodman Megs should be putt in prisson for so
coussining the ctmtery, and he doth espect sattisfaction from
Goodman Meges.
[200] (|John Pai'mele of Guilford testifyeth vpon oath,
taken before Mr. Disbrowe, the first of Nouember, 1647, that
he bought a pare of shooes W^h came fl-om Goodman Meges of
Newhauen, russet, clossed in the insides at the side seames, and
that wearing tliem but ti dayes, or 7 dayes at the moste, the
soales ripped from the vper leathers.
Samuell Netelton of Totokett doth testifye vpon oathe,
taken before the gouerner, the ^^^ day of Nouember 1647,
that he 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'\pn the Lords day, and tlie next third
day morning they wear^ ripped, the soales being good, neither
shranke nor liornic that I could perceive. And he allso testi-
fy GoO»^ I C
1647] NEW HAVEN COLONY RECORDS. *549
fyed that for and in consideration of satisfaction from Good-
man Megs, he expecteth a new pai'e.
Marke Meges testifyeth vpon oatli, taken before the gouer-
ner, the 16'ii of Nonember 1647, tliat he being at Stratford to
fetch home the ahooes that wore made by Henry Gregory for
Jn" Meges, he found [the shooes lying in the sand, many of
them being ptly couered w^h the sand, botho w'hin and w'h-
oute, so that Jie 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 iiltho from them. Allso he
testifyeth that he seing the old man worke w'h a very great
aule and a small thred, w^b very litle wax, blamed himo for
it. That at that time they left some behinde that were not
made.
Other testimonies were deliuered in wi'ighting to the courto
to the same purpose, but not vpon oathe.
Goodman Gregory pleaded tliat it was the badnese of the
leather w=h was the cause of the shooes ripping and falling
apceca, for the leather was horaie and not tanned. The court
bad Goodman Gregory prove that.
Mr, Evanc saith that being at Mr. Blackemans, they had
speech of these shooes. M.''^ Blackman said that after 2 or 3
dayes "wereing, the leatlier was like flaps of a shoulder of
mutton ; and Mr, Evanc further saith that he sold shooes of
these to a ptie himselfo, and the leather was so bad tliat the
ptie would not have them.,
Mr. Blackman saitli that his somi had a pare of shooes of
those, yfli he thinkes lasted not aboue 3 weekcs, tlien they
broke in tlie whole leather, and anotlier pare of shooes
mended for another of Ms somis w'h some of that leather,
wli in on dayes wereing, being wett, was spoylcd.
Juda Gregory testifyeth vpon oath, that he looked vpon pt
of the leather wh his father was to worke of Goodman
Meges, and some of it was so homie that according to his
jiidgmont, no man could make shooes to pase his word; on
them to hold. Allso shooes so tainted, thougho tliey might
seeme to bo tanned, yet they would not hold that a man was
)yGoo»^lc
350 NEW HAVEN COLONY EECOEDS. [1647
able to justifye himseife or the leather in it. Allso that Ms
fatlier complained to hime, this deponent, and himsclfc sawe
sliooes of the tenna marlted for eleuens, that by a sine he eo\ild
not sowe them either for credite to himseife or proflitt to the
cuntery. AIIbo that Goodman Eoyes showed hime shooes he
made for Goodman 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 tliat Goodman Meges
would have had tliis deponent wrought, but he sawe the lether
so bad that if he neuer wroiight more he would not worke it,
in regard of the vncomfortablnese to worke, because it was
hornie, and so litle that it would not come together, and be-
cause it woiild be a wronge to the cuntery. Furtlier he saith
that Goodman Eoyes told hime that he complained to Good-
man Meges of cutting his shooes so litle, he 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 vso
to doe so. For the lying of the sliooes in tlie sand, this de-
ponent saith he tookc a pcell, pare by pare, from the place
where those laye that Marke Meges fetched away, and they
laye, in liia aprehension, w'hout any damadge, w'hout any
sand in any pare that he eoulde diseeme, thoughe he cannot
saye they were tho same pcell that Marke Meges fetched
awaye, thoughe it was aboute that time.
[201] II Moses Wheeler testifyeth vpon oatli, taken before
Captaine Astwoode, tho SO^h of Nouember 1647, tliat Good-
man Meges 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 pulling
it betweene her hands it did teare w'h ease, and tliis he heard
& sawe. Further he saith he heard Goodman Gregory saye
at on time, (but wheither at y^ time before mentioned lie can-
not tell,) that he was sicke of that leatlier, and that he should
neuer have credit of it for his worke, nor they profltt 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 wore in this cuntery, for it was to be caryed out
of the cuntery, and that he durst not pase his word vpon it.
)yGoo»^lc
1647] NEW HAVEN COLONY RB0OED9. 351
The -wife of William Crooker tcatifyoth vpon oatlie, taken
before Oaptaiae Astwoode, the 30"» of Nouember 1647, that
when Goodman Meges came for the ahooes, he sawe them lye
vpon a sanflye bench in the aeUar, and he said he liked the
lying of them very weU, saying to her fatlier he could not laye
them better. And her fittlier finding fault with the homy-
nesse of the leather, that the flax would not hold it, Good-
man Meges answered that tlie next weeke he would goe to
Conneeticote and gett hime hempe, but he said he thought
tlie flax would last as louge as that leather, but after Goodman
Meges was gon, and delaied to fetch awaye tlie shooes, her
father wiped tliem w'li a cloth, and tooke some clapborda and
other things, and laide vnder them. And further she saith,
her fatlier blamed the tanner for the leather not being well
tanned, Goodman Meges aiiswered ho could not blame the
tanner bo much, for he was faine to take it oute before it was
tanned. She saitli further, she sawo it teai'C in peces when
her father put it vpon the last, and on shooe her father was
faine to peeo ou the side.
The eom-t having lieard these things on bothe sides did
thinke tliere was a fault in bothe, and that the exmtery was
much wronged ui tliis waye, therfore they wore willing to call
in some workemen, bothe shoemakers and tannere, that they
might see it and judge whose the fault was, and ao give into
the courte what light they coiilde. To tliis ppose, some of
the ahooes tliua made was brought from Mr. Bvanc, w=h were
some of the best of them, and the court called and diasiered
Leivtenant Seely, Goodman Dayton, Goodman GroTie of Mill-
ford, shoemakers, and Goodman Osborn and Seriant Jeffery,
tanners, to talce those ahooes aside and veiwe them well, and
if ther 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-
vicable leather, but it wrongs the cuntry, nor can a man make
good worke of a great deale of it. And woe find the worke-
manship bad allso, first ther is not sufficient stufe put in the
)yGoo»^lc
352 NEW HAVEN COLONY RECORDS. [1647
thred, and instead of hemp it is flax, and the stiches are two
longe, and the tlireds not drawne home, and ther wants wax
on tlie tlu'ed, the anle is to bige for the thred. Wo ordinarily
put in 7 tiireds, and hear is but 5 ; so that according to our
host light wee laye the cause bothe vpon the workemansliip
and the badnesse of the leather.
Goodman Gregory, t^K) tliis testimony, seemed to be con-
vinced that Ire had not done his pt, but then Isude the fault on
Goodman Meges, that he was the more slight in it thourough
his incouradgment, whoe said to hime flap them vp, they are
to goe farr inouglie.
William Hooke jun' testifyeth vpon oath, that he clearly
remembreth Goodman Gregory was makeing 2 pare of ahooes
in their shopp, Gfoodman Meges came in in the meaiie time,
and he said to Goodman Gregory, flapp them vp together,
they aro to goe farr iiioughe.
Jolui Gregorie testifyeth vpon oatlie, that Goodman Meges
said, flapp tliem vp together, they are to goe farr inoughe, this
was aboute the beginng of the last bargaiue, w""!! was for tlie
10 dosson.
Concerning the 15 weekes time, w\\ Goodman Gregory
demaunds damadge for, that is to saye, from JrJy to Nouem-
ber, it did appeare by Goodwife Meges her testimony hi court,
that she, from her iiusband, told Goodman Gregory at the
faire in September, that lier Iiusband was discouradged to
send liime any more worke because liia worke was naught,
tlioughe hee had more worke readie cutt out.
John Gregory saith, that aboute the time of the bargaine he
gaue Goodman Meges some cautions, becaxise his father was
old and his eyesight failed hime, and he durst not imploye
hime himeselfe, for he could not doe as he had done.
Mr, Evanc was a^ked the cause why he turned the shooes
vpon Goodman Meges his hand, he said the maine reasson was
the badnesse of the leather, thoughe he allso excepted against
the workemanship.
Goodman Meges was called to propound his damadge, he
instanced first in his name, 2'"y damadge to Mr. Evanc, 3^'y
)yGoo»^lc
1647] NEW _HAYEN COLONf EECORtlS. 353
his ware being turned vpon his hand, 4^'^^y hindranc in Iiis
trade, S^'y money payde several! men for satisfaction.
[202] II The plantiffe and deffendant professing, vpon the
courts demaund,tliat they had no more to sayc, and the eourtc
considering the case as it had bine presented, debated and
proved, found them bothe faultie. Goodman Gregory had
transgresed rules of righteousnes, both in refferenc to the
cuntery and to Goodman Meges, thoughe his fault to Good-
man Meges is the more excuseable, because of that incourage-
ment Goodman Meges gaue hime to be slight in his workeman-
sliipp, thonghe he should not have taken any incouragemenfc
to doe evill, should haue complained to some magistrate, and
not have ■wrought such leather in such a manner into eljooes,
by w"h the cuntary, or whosoeuer weares them, must be
deceived. But the greater fault and guilt lyes vpon John
Meges for putting such vntanned, horny, vnsei-vieable leather
into shooes, & for incourageing 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 ordred Goodiuan
Meges to paye 10' aa^a fine to the jurisdiction, ■w'h satisfaction
to every pevticuler person, as damadge shall be required and
proved. And further the court ordered that none of the faul-
tie shooes be caryed out of the jurisdiction, to deceive men,
the shooes deserving rather to be burnt tben sould if ther
had bine a lawe to that purpose ; yett in the jurisdiction they
maye be sould, but then only as deceitfull ware, and the buyer
maye knowe them to be such. They ordered aUso Goodman
Gregory, for his slight, faultie workroanshipp and fellowshipp
ill the deceipt, to paye 6' as a fine to the jurisdiction, and to
paye the charges of the conrte, and that he require nothing
of Goodman Meges for Ins 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.
45
)yGoo»^lc
NEW IliVEN COLONY EECORDS. [164T
A Geneeall Court the 18'h op October 1G47.
Mr. Wakeman, Francis Newman were chossen deputies fo
the jurisdiction generall courte.
Mr. Gibbard, Mr, Crane, Jn" Gibba, Francis Newman chos-
sen deputies for the plantation courte of Newliavcn.
Francis Newman chossen secretarie for Newhaven for y*'
next yeare.
Thomas Kimberlie chossen marshall for the next year for
the townc of Ncwhaven.
Brother Pery had libbertie to depart the courte, to goe
aboate tlie Phenix.
The Gouerner one againe dissiered that the colledg corne,
■w<^h is yett beliinde of the last yeare, might be caryed in to
the coUecto'^ ; hee allso propounded that seing cornc is now
more plentiful! then in the sumor, that therfore now coUecto"
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 Gouerner, magistrata and deputiea, w*h Mr. Evanc and
Mr, Wakeman, were chossen to audite the treasurers accounts
for the year past.
John Broekett was chossen veiwer for the fenc of Mr. Lam-
bertons quartr, w'h Henery Lendall for this pt of the yeare
ensuing, in the roome of William Preston deceased.
Mr. Evanc made a propossition to tlie courte tliat seajnen
might bo freed from watching and trayning, and gaue in the
names of smidry into the courte, but seing it is now neare win-
ter, wherin watcbinga and trayninga cease in their ordinarie
courae, the courte thought fitt therfore to respite it for this
time.
Mr. Eyanc had iibertio to depart the courte.
The Gouerner acquainted the courte that vpon notice of
the generall eourte order to staye the Dueb shipp* w'^h was
*This waa the St. Beninio, which, the Diitcli, clniniingto bo a emugglBr, by n etf sit-
ngam seized ajid cut out of the hnrboiu-, on a Sunday, and carried to New Amster-
)yGoo»^lc
1647] NEW HAVEN COLONY EECOEDS. 355
seized and carycd out of this liarboure by tlie Ducli, tlic Ducli
gouerner hatli sent a letter and a protest against Newliaven
for it, professing lie will have controversie only w'h Newbaucn,
and requiers us to send the tlireo prissoners and tlie Duch
raarchants and tlieir goods, to them to the Mannatoes, Wh
some threatening speeches if wee doe not. He acquainted
the courts allso "w'h the answer* he had sent, as allso w'h
another letter since reoeived by tlie fiscalle, more milde in
phrase, but still continewing his title to the plaee, and send-
ing for tlie prissoners; but seing he wrights so tliat if the
sending of them maye be interpreted as done in a waye of
subordination, it was not thought fitt to send them. The gou-
erner therfore dissiered tlie courte to consider what shall be
done. Further, the 3 Buchmen w'^h dissier to be planters,
via'i, Mr. William Westerhouse, Mr. Sam : Goodaahouse, Mr.
Henery ^ dissire to kaowe wheitlier the towne will
protect them or no, tliat 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 Manna-
toes til] these questions be cleared, and wheither wee be not
caUed to make some slight workes, and plant some gmins for
the townes present defene against small vessells, w^h w'h tlier
gunns maye possiblely hurt the towne if no provission be made
to keepe them of.
[203] |[The things being many, the courte agreed that a
committe be chossen to consider & proceed tlierin as they see
cause, and by the generall consent and vote, the ptieulr courte
for Newhaven, calling to them Mr. Evanc, Mr. Wakeman and
Leivtenant Seely, had full power granted to them to consult,
consider and conclude, botlie concerning receiving and pro-
tecting the Duchmen,w'h all matters aboute fortifycatiou, the
place and manner, w'h all other things therto belonging.
It is ordered that this October rate bee forthw'h payde.
«AiJp6!i(iix,B. C. D.
)yGoo»^lc
356 NEW EAVKN COLONY EEC0RD8. [1^47
A OOURTB THE 4"! DAY OP JANUARY 1647.
Mr. Pell, Mrs. Lamberton, Francis Hall, Jolm Tompsou,
Matliias Hitchcocke, Eiehard Eeech, being all warned season-
ably, made iio appearaiic, tlioughe tbe court satt a good space
of time. Tlie court gave order that they should be warned
, to the next courte, to answer for this neglccte.
A Genekall CouiiTE THE 31*'' OP Januahy 1647,
The orders of the Jurisdiction Generall Coui-te were pul>
lished and vpon the goxieniers proposition the courte chose
Leiyteiiaut Seely and Robert Preston to veiwe and seale leather
according to the tenjiour 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 in sealing leather,
according to the jurisdiction generall courts order. And
further, this courte ordered that calues skines, deai-es skines,
goats skines, w=h are fully tanned, should be sealed, (seing
they maye serve well for vper leather for some shooes,) and
that the rate of sealing be 4'' a hide, and 2'^ a skine, and that
tlie seale for the best, w«h is fully tanned, be N : Gr : and for
that w^h is faultie, JX F: and, if the sealers be both in
towne, they are to be together when they seale, but in case on
of them is out of town©, or otherwayes justly hindred, tlien
on of them maye seale notw'hstanding, and the sealers, for
the better informing themselues wheither the hides or skines
be fully tanned or no, haue libertie to cutt them in such
places as they see meete, provided they make not spoyle of y"
leather.
And seing the shooemakei's 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 groat 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 leatlier, before he sell them, w% an
)yGoo»^lc
1647] NEW HAYEN COLONY BECORDa. 357
IT : vpon the lap w'liinside, belowe the place ■where they be
tyed, and for failing hearin, they shall suffer such punishment
as the perticuler conrte shall judge meete.
It was propounded to the ahooemakei'S, that seing hides are
now neare as cheape as ordinarily they are in England, that
shooes might be sould more reasonable then they have bine,
and the ahooemakers promised they would consider of it.
The gouemer acquainted the courte that those whome they
appointed to audite the treasurers accounts have done it, and
see cause to propound to the court that a new rate be now
granted, for defraying necessisary chai'ges for the towne, and to
paye the rate levied vpon the towne for the jurisdiction ; and
after some debate the courte ordered that nest Aprill rate and
on half© yeares rate estraordinarie be forthw'h payde.
The 4 deputies were chosen by the court to joyne w'h tlie
treasurer in setting out publique 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 caJl
in what workemen they please for advise.
The bridgeabove the brickills in the way to Oonnecticote is
to be caryed on w'h as much speed as maye be.
It was propounded to consideration wlieithor it be fitt for
the towne to allowe 8' a yeare to the drumer ; the court and
the militmy officers were dissiered to speake w'h the drumer,
and see if Ms soUarie might not be lesse.
William Andrewes was dissiered to take care that the meet-
ing-house dores maye be made safe, in hanging them w'-h such
irones and s^^ch lockes and bolts as they may be stronge and
secure, and that the floure above might be laid forthw'h.
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,
that so strangers might knowe whoither to goe to be refreshed,
but the court againe propounded it to William Andrewos 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 niag-
i strata.
Those that were behinde in payemeut of their coUedge corne
)yGoo»^lc
858 NEW HATBN COLONY EE00ED9. [1647
were di^iered to cario it in to the aeverall collccto''=. Col-
leoto" chosseu to gather the colledge corne for this yeare, are
Anthony Tompson and Rogger Allen,
John Gregoiy propoimdcd to the courte, that a good while
smc their was a pare of shooes spalce of in conrte Wh he
soiild "William Paine, of the tenns, French falls, at 5= 10'^, at
w^li tlieir was some offenc taken, and he condemes himselfe
that he hath lett it lye so loiige vncleared, hut now he pre-
sented a noat in courte w=h showed the perticulers howe they
did amount to so much, vnder two shooematers hands, but
the court professed they could not see cause shooes should he
sould at this rate.
[204] ||It was propoimded to the courte to consider wheither
it were not meete to make a lawe for restraining of persons
from tlieir ordinarie outward imployments vpon any pt of the
Saboth, and tlie rather because some have of late taken two
much libertie that way, and have bine called to answer for it in
the perticuler eoxirte. 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'hm 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 watter, extraordinarie cases,
workes of mercy and necessetie being exceptted, 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 tliat no man shall fall any tree or trees w'hin
the boundes of the common of this towne, wthout leaue from
some magistrate, and then he shall haue but for his perticuler
trade or necessarie vae, and haueing cut it downe, iff he doe
not make vse of it w*hin tlie compase of 14 dayes it shall be
forfeits to bime that shall come to the magistrate and aske &
have leaue for it.
It was propounded that a eauswayc might be made from
Mr. Perys corner to the meeting-house, but it was respited.
)yGoo»^lc
1647} NEW HAVEN COLONY EECOEDS. 359
A COTJETE THE PIEST DAY OF FeBURAEIB 1647.
Richard Obadwel) liaveing had an attachment vpon three
hogsheads of siiger of Robrt Persons, and claimes a right in
his house and other estate, to make good the transportation of
what goods Eichard Chadwoll is to hane 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 bo reffered to tlie courte of magistrats,
hut they will see that the goodes attached maye ho secxired
and preserved from damadge as much as maye be ; and ther-
fore gave order, that the suger bee veiwed and put into tho
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 Eobert Persons, it is to be
brought to tho treasurer, that so the estate mayo bo prcsei'ved
from losse as much as maye be,
Mr. PeU, attumye for Mr. Edmund Leach, enterctli an
action against the estate of Eobert Persons for a debtc of 18'
4a od^ -^pcii ariseth thus, 15^ 14% he conceaveth due vpon a
pcell of goodes the said Robert received of Mr. Leach, and 2'
10« due for fraight, wh makes 18' 4% wh he thus indeav-
oured to prove. Eobert Person received of Mr. Leach goods,
to the vallew of 61', as they were rated by Mr. Leach, w=li he
was to carye to the Barbadoes and sell, tho said Eobert to
have halfe the proffitt and to paye halfe the fraiglit till the
rQtume be made, w=h the said Eobert was to make either to
England or elc to Newhaven ; now of this 61' worth of goods,
he sould to tlie valew of 34' 10% and for this deliuored 752' of
cotton woole, w^h tho plantiffo conceives cannot arise to so
much, as cotton woole is worth and paseth in the Barbados.
And that this was the agreement ho prodiiccd Mr. Leach his
letter to Mr. Pell, and Mr. Pell tooke oathe that Robert Per-
sons acknowledged that this in the letter was tho agreement.
The clause of the letter runes thus : I have sent by Robert
Persons, to tlie Barbadoes, 61' worth of goodes, he to allowe
me halfe the proffitt of them, and to beare halfe the adven-
)yGoo»^lc
860 NEW HAVEN COLONY RECORDS. [164T
ture and halfe the charge of the said goods, vntill the re-
turne be made to me or my asaignes, wheu the profBtt is to he
shared ; his order is to send eitlier to England or to Newhaven
the returne, and if he come or send to Newhauen, yow will
heare of liime, and he will and is to give yow accoiinte of the
goodes, Mr. Pell testifyed vpon oath that Kobert Persons
acknowledged to hime that this was the (^reement. John
Thomas saitli that Robert 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
Robert 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 hime, and that the plan-
tiffe can make no cleare proofe for what, nor how the goods
was soiild, could not see cause to cast damadge vpon tlie estate
of Robert Persons, leaning the plantiffo to make what fui'ther
proofe he can hearafter, eitlier for the fraight or for the princi-
palle.
John Thomas acquainted the courto that Robert Persons
haueing lett halfe his house & halfe his lott for 40^ a yeare,
before he went agreed to make them a well, wh they that are
in it dissire maye be done. The courte tould hime that now
the ceason of the yeare is past, but he might provide stones
readie that it maye bee done so soone as the ceason serves.
It was propounded to the court that Goodman Bud dis-
siered some allowane out of the estate of Robret Persons, for
some sxiger w^h fell short in a hogsliead of suger Goodman
Budd had of Robert Persons for his house and lott he sould
hime, wh hogshead he expected to be 500', hut it fell not out
so much, but John Thomas saith that Robrt Persons said he
payd hime all, and Mr. Chadwell saith that Robert Persons
did not warrant hime 600' in the hogshead, but did bide hime
chuse w'h he would & that should satiafye hime. And further
he saith he saw 1 hogshead of them waid at Roade Island wh
waid above 500'.
[205] II A noat of some debtes owing to Robert Persons wf^
presented in courte.
)yGoo»^lc
1647] NEW HAVBK COLONY RECORDS. 361
John the Dudiman dissiered Kbertie for liimselfe and the
other two wh were prissoners w^h hime, to goe to the Duch
gouemer ; it waa tould hime that if he had diesiered it at first
they might haue bine sent, but then they were alltogether vn-
willing ; that the eom-t are still free to send them, oneiy as
they were put vnder that bayle, vnder wh they stand, by the
courte of magistrate, so the bayle mtist bee released by the
same power, wh should be done as speedily as the court of
magistrats could meete.
Mrs. Lamberton presented the inventoric of tlie estate of Mr.
GEeorge Lamberton, her late husband, in courte, w^h was voiwcd
and deliuered to the secretarie to be recorded."
The will of M^a Wilkes was likewise deliuered into the
coTirte by Mr. Ro : Newman, and deliueied to the secretarie
to be recorded.!
* "An inventorie of the estate of Mv. George Laoibei'ton."
The estate is creaitor, to the worpll Theophilus Eaton, pr liill, £28. IT. It. mora to
tihn for tlie negsra clothes, £3. to Mr. Stephen Goodyeara, pr bill, ^£65. 4. B. to
laaelte JUIeiton, pr biD, £22. 2. 0. to John Chapmnn, pr hoolto, £S. C. to Mr. Pell,
for Mrs. Brewater, £30. 14. 2. to Eoggar Allen £1. to John Clarke £1. to Mr. Hooke
£3. 12. 8. to Mrs. Sregson £S. li. to Geo. nnd Lawrance Warde £S. 10. 8. to ship
Fellowshipp, pnt in i£fiO, £25. to Goodmiui Stone 8». to Jonathan Snqant IS", to
Adnm Ificolls £1. a. 6. to Roger Knap lO-. to John Thomas "!: to Capt. Turner £1.
to Mr. William Tinge £1. to land at Stamford £4. to Mosea Wheeler £1. 9. 10. to
Brother Naah £1. to John Nash £0. 17. B. to Eiohord Eyerit £0. 10. to Seijant Jef-
fery £1. to William Andrewes, senior, £4. to John Chldaey £0. 16. to S oxo hides
£4. 8. to William Da,vis £0. 8. B. to John Tompson £1. 8. to Michael! Tsunfor £6.
a. to Mr, Gregson, Mr. Hawkines and Mr. Goodyeare £3. V!. 6. io the 24ii' part in
the Susan £16. 11. 8. to Mr. Pery £20. to goods in the Suaaii and Phanis £28. 5. to
Phillip Leake £1. to John Bidet £1. to Mr. Gilbert £34.
The whole estate is £1218. 12. 4.
owing, IS
rest good estate, 1202. 13. 4.
Tlia estate is debtor to Mr. Malbon £13. to Joiin Wilifoi-d £3.
Prised Uie i"- of January 1647. Matliew Gilbert, Richard Miles.
t " The will of Joane Wilkes made the 12''' day of January 1945.
" I Joane Wilkes being called to goe to my husband, bnt not knowing whether he be
livingornot, andnot knowing whether I may live to come to England or to roturne
heither, doe dasire, so fiirr aa I have or inaye have power in ray hands, to dispose of
«iat estate tliat God hath given me in this place. First I will and hequeath to our
deare pastor tenn pounds. To our teacher live pounds. To the ehiiroli of Christ in
this plaoe- Ave pounds. To my neece Bridget Wilkes thirty pounds. To my nephew
Joseph Dalman, in London, twenty markes. To my nepbew Nathaniel Wamoi-, of
Bristol!, twenty markeB, and to Susanna Gregson twenty markes, and to our beloTed
elder, Mr. Robert Hewman, five pounds, whom I nominate and appoint tlie sole eseou-
)yGoo»^lc
362 NEW HAVEN COLOMT RECORDS. [1647
Robert Hill deliiiered into the court an inventorio of his
brother John Hills estate*, w=h was likewise delinered to the
aecretarie to be recorded.
Mr. Pell brought in and deliiiered to the coiirte an inven-
torie of his wives estate, left by her late husband, Mr. Francis
Brewsterf , w'^h was read and delinered to tlie secretane to be
recorded.
Mr. Pell was tould be wt^ warned to the courte aboute his
wires fine, tliat he might either paye it, or show a sufficient
reason why be did not ; be dissiered to know by w* lawe it
was demaunded, it was tould hime, by the lawe of bis marrying
tbo widdow, wb owed it before be marryed ber ; be said be
knew not bowe it eoraea to be her debte or his either, the gou-
eruer tould hime he had a copie of the courte order, and if he
could obiect any thing against the justic of tlie conrtes pro-
ceedings, hce might ; be said tber is that charged in the order
that is not proved, he was told it was a rcproachfidl slander
cast vpon the courte to saye tbey had laide a line for any
offenc not proved, and be was called to make proofe ; he in-
stanced in a passage wherin excese in drinking w'h other
tor of this my last will and toEliunent, intraating him to InkQ upon him this care find
trust and to ece it pecforined acoordingly. And if my house, lands und goods left
heaf should not lunount lo so much, then my mind is that the abatement shall be
upon the tliree legacyBs of twenty markes equally, and if it shall arise to more, that
it be added eqaally to those three iegaoyes of twenty markes a peeoe. In witnes
whereof I have hereunto put my hand this 12ii' day of the eleventh moueth 1646.
Jone Wilkes.
" Joane Wilkes declared this to bo her will and testament before inee.
Tho: Gregson."
Inventory taken by Mr. Gilbert, Mr. Walteman and Mr. Crane, the 14H> of the llin
moneth 1647. Total i£8S. 4. Debts. 3 bnshells of wheat of old Jaoooks of Sli'at-
fotd £ll- 12. Mr. Gilbert 15>. John Clarke 30". Thorn : Munson 11". Mr. Robert
Kewmam 8'. lOohBrd Hull S'. Phillip Leeke foi- rent of the house and garden the
yeere 1645 £S. for rent of the garden 1646 ^£8. James Clarke 30'. Phillip Leeke
reoeived of several men £S. 13.
*"Anmventoriflof theestateof JohnHill" ^£24.19. Mt. Winthrope debtor £T,
The estate is debtor, to Feeler Browne £4. 10. to old Goodman Wilhnot £0. 16. Co
the treasury £0. 3. 6. to Ecbarl Preston £(>. 3. 6. to So. HiU for 4 bush, wheat £1.
to him for a stuff suit £1. 18. 8. more fbr a goat £0. 8.
t"An inventorieof the estate of Mr, Francis Brewster," amonnt ^£565. 8.2. In the
great ship, cost i£60. prised December 30, 164!' by Francis Newman, Eiohard Miles,
John Clarlte.— The estate debtor, pd out of the estate as appears by acquittances £51.
10. &r a debt wliioh Mr. Brothei-s demands out of the estate ^00. for a debt owing to
Mrs. Lnmberton ^£30. 14. Total ^288. 4,
)yGoo»^lc
1647] NEW HAVEtf COLONY RECOEDS. 363
incouYeniences seeme to be charged on M"'' Brewster, now
liis wife, wh was not proved against her, he was tould thei-e
was neither any such charge, nor any penny of the fine im-
posed vpon any such consideration, that his iniurious cartage
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 ther any word sounding that
waye, it was an errour in the secretarie, who probably had
left out a line in ingroseing tlie 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
line 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 tlie 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 eJiarge is
made against the courte of magistrats, wlioe imposed that
fine, thought fitt and ordered, that his miscai'iage be reffered
to the consideration of the next co^lrt of magistrats for the
jurisdiction, and ordered Mr. Pell to attend tliem therin.
Ezechiel Oheveres passeth oxier to John Cooper 5 ac" 2
thirds of vpland w'hin the two myle, on halfe of it lying in
Mr. Eatton quai'tr, betwixt the land of M'i^ Turner & William
Tuttill, the other halfe lying by the mill highwaye, at the end
of Mr. Batons pasture, next the land of William Tuttill.
John Lawrencson and his wife, being warned to the cotirt,
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 tlie courte.
But beside the breach of order, their apeares something of
disorder, for William Paine saith that the 3 Duchmen, w^h
were priesoners, lying at his house, were wonto, before she
)yGoo»^lc
364 NEW HAYEN COLOXY BEC0RD8. [1647
sould Btrouge watter, to keepe good liom-es in coming liome
at night, but sine, tlioy liane stayde out long, and some time
very late, and one of tJiem seemed by liis speech to be some-
what distempred, but he sawe hime not for he was in bed.
Arther Halbich saith he hath gone into the liouse where
Gfoodwife Lawrencson was, and sawe persons silt drinking of
small quantofcies of stronge watter two or 3 times, and that her
husband tould liime she had gained 30= 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 paye 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 wiU excuse tliem,
William Paine refused to paye his fine for comeing late one
Lords day w'h his armes to the meeting, because otliers came
late and were not complained of, but he was told he must paye
his fine, and the seriant should be warned to the nest 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 warne Dauid Atwatter to watch. It
is by the secretarie that then was, entred 5', but it was but
2': 6^, and seing diuers doe remember it was but 2': 6*', the
courte agreed he should paye no more.
[206] II Kiebard Beech dissiered of the courte that he might
retayne the estate of William lies in his hand till further
order, w^h is as apeares by the inventorie 13' ; 17' : 00'' : the
courte tould hime vpon securetie he mighte ; he offered hime-
selfe and 9' worthe of land, as it was valewed by Anthony
Tompson & John Clarke as apeares in a note vnder there
hands. The land is 22 ac' of vpland in the second devissiou,
and 5 ac'^ of meddowe in the west meddowe, and 2 ac" of
vpland in the quarter at his house, and for the other 5^ John
Beech becometh suretie w'h hime, as the said Joli Beech de-
clareth in courte, wh the courte accepted, w'h this proviso,
that if John Beech should dye or leaue the towne, Richard
Beech put in other securitye to the courts e
)yGoo»^lc
1647] NEW HAVEN COLONY RECOKDS. 365
Joliri Tompsoii, atturney for Thomas AUooto in the Bayo,
requiereth youthes of Francis Halle w«h ho 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 AUcote whoe is ther vntell.
Francis Halle saith at the desier of their Yiikell, Mr. AUcote
of Roxherey, since deceased, hee brought these youthes ouer,
and was at great charges with them for their passage and other
occaisona, wh he saith Mr. AUcote promised to paye to his
satisfaction when he came lieare, but when he came tlier
vnkeU was deade, and knew not of whome to seeke his money,
iff the boyes had dyed he should hane lost it, for ought he
knowes, for he knew of no other vnltell they had, but he was
blamed that he had not vsed that meanes to finde oute ther
vnkell or send to ther mother as he might have done,
(thoughe he saith he hatli sent,) but he acqiiainted the courte
then w*h it, and w'h ther approbation one of them was dis-
posed of to Mathias Hitclicoke, the other he kept Iiimeselfe
till they might haue further Ught 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 smaU,) miglit be justly satis-
fyed, did serionsly consider and weighe the charges and haz-
ards the severall ptyes had bine at w'li 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 Wliithead w'^h was w'h Mathias Hitchcocke, be
at the end of 5 yearea and eight moneths from the time he had
hime, actt 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 ao to doe, but now the said Thomas
dcclareth himeselfe willing to abide w'h his master David
Atwatter, till he maye heare from his vnkcU, so he maye haue
just satisfaction for the time to come, so longe as he stayeth
w'h hime. They botbo agreed before the courte, that he
should haue 3 ' a yeare, meate, drinkc and clothes. And con-
cerning Jolm Whitliead, it is ordered that Francis Halle sett
hime froo from this time, and paye vuto hime 50^
)yGoo»^lc
366 NEW HAVEN COLONY EECOKDS. [1647
Mr. William Westerbouse, by Mr. Evanc his interpreter,
acquainted the courte that he knew it not to be an olfenc to
the courte that he imployed any to sell his stronge watter, but
seing he liad done it, he justifyed tlic courte in tlie line tliey
had laide, and he came to tender the payement. The courte
tould hime tbey looked not vpon it as hia fault, but Jn" Law-
rencsoos and his wives that sould it, for they intended not to
tine hitae, but seeing he \rouId paye it, the court considering
how vsefuU bee 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 ', given hime by will by Nathaniell
Drapr deceased, w=h some was duo to the said Nathaniel for
wages, wh Mr. Leach is to paye, and now Mr, Pell, by order
from Mr. Leach, w"ii Mr. Pell refuseth to paye. Mr. Pell
saide he denycd not to paye it only he heard that Nathaniel
made another will and gave this wages to Mr. Sellieke, as Mr.
Tompson of Verginea, David Evanc and another saide, and
that he will require it, therfore if Phillip wiil 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 be payde to hime, if not that then it be
payde into the tresurers hand till the matter mayo be cleared.
Mr. Goodier and Mr. Evanc were dissiered by the coui'te to
see Robert Pereons suger waide, and that or any other goodes
of his vallewed, w^h is to be put into tlie treasurers hand.
Mr. Malbon dissiered the coiu-tc to appointe some to vallew
some goodes wh were Mtached of Mr. Godferyes for on
Strong Fornale, of Boston.
A Generall Courth tbb li'h op Pebuuame, 1647.
The Governor acquainted the courte, that he heard that
fences aboute the towne are generally so defective that many
arc discouraged from the laboiire of husbandrie, because their
corne, when they haue sowne it, is spoylod, therfore it is of
)yGoo»^lc
1647] NEW HAVEN COLONY RECOItDS. 367
necessitie y' some course be taken that corne maye be pre-
served.
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 catie or hoggs they found tlieir, lookeing oner
the gi-ound 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, tliat then tlioy aeqnainte the owner w*h it,^and each
hayward to be payde by tho aeverall quarters wh iraploye
them, as they sliall agi'ee. To this the courte inclined, and it
was agreed to meete in the sevcrall 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 tlie quarters haue seasonable warn-
ing, if any come not, yett the raaior pt mayo agree any course
for the goode of the quarter, provided it eroses no order of
courte allreadio made.
[207] j] It was dissiered by some that Lidian and English
corne mighte not be planted in on fcilde together, but it was
answered by diveres that it could not be avoided, but the
quarters themselues were to agi'ee liearin, and not to damadge
on another, as allso to e^ree of the time of putting in catle into
the severall quarters where corne is sowne, and allso of take-
ing them out seasonably, that corne be not spoylcd. All the
orders abovte fences to stand in full force, and every on to
hasten the setting vp the fences tliat are downe.
Mr. Westerliouse dissiered the towne to save their ashes,
and he would give them 4^ a bushell and fetch them at their
houses, or 5'' a bushel! if they carrie them to the watter side,
to a place he would appointc tlicre.
Mr. Evanc propounded that some would make a since at
the creekes mouthe w°h comes vp to M'^ Wilkes house. The
court was wiUing to incouradge it, and wished it might be
seriously considered against another courto.
The Goxicrner dissiered that men would spoedely bring in
)yGoo»^lc
368 NEW HAVEN COLONY RECORDa. [1647
theii' 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 aboute the ordinarie, he answered
thoughe hime was willing yett he disaiered the courte would
provide another, because his wife is at present vnwilling. But
he had further time given hime to consider of it and to come
to the gouenier and give liis answer.
Mr. Bvanc propounded to the courte that something might
be done concerning the setting a size for the waight of breadc
w"h is made and sould, but it was left to be further inquired
into till another courte.
Mr. Newman, the rnleing elder, propounded to the courte
that they would grant brother Wiggelsworth a small pec of
ground neare the meeting-house, to sett hime a litle house
vpon and make hime a garden, because he is so lame tliat 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. Tlie courte considering and pittying his case, inchned
to doe it & left it to the dispose of them whoe are intrusted to
dispose of lotts in the towne.
The courte declared themselues 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. Evane propounded that ther might be some appointed
to ouersee and allso to seale the cooppr ware, that it maye be
sufficient bothe for gadge and tightnes, but it was refered to a
more private consideration.
Mr. Malbon dissiered the workemen 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 dchto" to
ye treasurie.
Jeremiah Howe hath libertie from the courte to sell strong
watter by pints or quarts or other small quantctics, so that he
suffer it not be drunke in his house, but sell it to y" towncs
folke or stranges out of his house, provided allso that he bane
due respect to any suspicious persons and vnseasonablc times,
)yGoo»^lc
1647] NKW HAVEN COLONY RECORBS. 369
that all disorder maye be prevented ; this to contiiiew till the
courte find some inconvenienc.
Henery Morall, WiUiam Blayden, Thomas Knowles haue
libertie to burne a litle meddowe W^h is in ther home lotts,
provided the doe it at a fitt time, that no damadge come tlier-
by, and if any doe, thoy roust answer it.
Leivtenaut Seely dissiercd the conrte that he might haue
50' allowed hime, w^h lie liad bine out of ever sine tlie plan-
tation begune, for seekeing a shallope w<^Ii was lost, but the
courte sawe not cause that the towne should paye it, seeing
the sliallop belonged to pedicular men.
Mathew Camfeild declared liimeselfe sorye that he had the
last coxirte presented the names of sundrye men to be behinde
m payement of their college corne, before he had spoicen
againc wth them.
The Gouenier acquainted the courte that tlie Kinges Armes
are ciitt by Mr. Mullyner for the towne, w^h are to be primed
and after sett vp in a publique convenient place.*
It was propounded that a comittee might be chossen to con-
sider and dispose of the absent lotts, that the charge Wh comes
to the towne by them maye be prevented, and the magistrats,
elders and deacons, w'h the 4 deputies for the towne were
chossen as a comitte for this thing.
John Halle acquainted the courte that the highewaye against
a lott he bought of Heuery Pecke was worne awayo w'h the
watter that their was no safe pissing that waye. Ho pro-
pounded to know wheither the towne will mende it, but the
courte declai-ed themselues, that the order was tliat every
man maintayne a sufficient waye 2 rods from his home lott
thouroughout the towne ; but after much debate, John HaJle
resigned the lott to Leivtenaut Seely, vpou condicion that he
mende the waye and mamtayne it sufficiently, w<=h Leivtenant
Captaine Malbon propounded that ther might be a new
Clarke chossen for the trayne band for tlie towne, because the
former clai'ke being otherwise imployde, could not attend it.
* From "New HiiTsna c
post, in tlie highway, by tl'
47
,Gooi^lc
310 NEW HAVEN COLONY BECOGDS. [1047
John Clarke was by hime propounded, and by tlie conrte
chosaen clarke for the trayne bande of the tomie in the roome
of Mr. Pery.
The towne was dissiered that they would be carefull to
attend the order in provideiug themselues of laddera.
[208] A CouETR AT Nb\vha.yen the 7^'' day op Mmich, 1647.
Sundi-y at this courto tooke the oathe of fidolitio whose
names are entrcd amoung y" rest.
Edward Wigglesworth passetli ouer to Adam Nickholes, six
ac'^ of vpland ground lying in the Yorkesheir quarter w'hin
the two myle; and wheras in \he towne booke their is but 22
aC" and a halfe of land placed Tpon Ed. Wigglesworths lott,
bothe for estate and persons, and yett he had layd oute and
hatho sould 24 ae'% he declared that the ac' and halfe, w«h
makes it 24 q.g'^, was given hime in allowanc for shoi'tnes in
his home lott,
Dauid Attwater entred an action against Mathias Hitch-
cocke, for 10^ w^h the said Mathias Hitchcocke receaved of
Dauid Atwatter, for the servic of Thomas Whitehead for 4
yeares and eighte moneths, w=h Mathias Hitchcocke could not
performe, he not haneiog a full right to dispose of tiie saide
Thomas. Mathias Hitchcocke saitli, that being demaunded
what assueranc he could give David Atwatter that he should
inioye the saide Thomas so longe, seing by the courte order he
had no full assueranc of hime, but he might goe awaye or
another might take himo from hime, he answered he could
give no better then he had, vnlesse the boye would give hime
any better, so he agreed w'h tlie boye to make an indenture
for so longe time, and gaue hime the saide Mathias Hitchcocke,
10', but being advised by the courte to agree it betwixt them-
selues, they bothe consented to it and did w'hdrawo, and soone
after declared to the courte that they had issued tlie differenc
to bothe ther satisfactions.
Arther Halbich passeth ouer to John Beech his house and
home lott w'^h all his accommodations therto belonging w'hin
Newhauen.
)yGoo»^lc
1647] NEW HAVEN COLONY RECORDS. 371
John Nash being warned to the courte for not payeing his
rates, answered that he knewo none due H'om himo till the
land was entred in the towno booto, and tliat the eourte
might take ther course, but was reproved for so saying, it
being a thing vnconiely for hime to saye. So further he
obieeted his land was not laide oute, bixt was tould it was not
the townes faulte, and if that was the reasson, the com-te
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 ho
laide ypon Seriant Munson last coiirto, w^h was the he pre-
sented some for comemg late on the Lords daye w^h their
armes but not othei-s, tlioughe 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 in June ; some of them
came late, and some brought not their armes. Seriant Mun-
son saide he dissiered Willm Paine might prove, lirst that the
men came late, 2'"? that he did not present them. William
Paine saide hee hade not his proofe in eourte ; he was tould if
ther was indeede a faylmg, he should first have tould his
sonant of it in a private waye, and if it had bine reformed,
weU, 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 tlie
names of sundry in a note to give the marshall tliat 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 dischargc-
ing of that trust W^h is committed to them, for tliey maye see
that the eyes of many are vpon them.
Mr. Lccte and Mr. Jordan, attornyea for the towue of
Guilford, entreth an action against Mr. John Ceffinch of New-
hauen, for certaino rates due vpon a lott W^h tho saide John
Ceffinch houldcth at Guilford, but refuseth to paye them,
thoughe they hfiue bine demanded of hime. Mr. Ceffinch
aaithe that he knowes not that he owes the towne of Guilfordc
any things for rates, for they haue had the vse of his lando.
)yGoo»^lc
373 NEW HAVEN COLONY RECOBDS. [1647
Mr. Leete aiisiyered tliat it is tnic tliey vsed some of his
land, but that was to satisiye rates towards minestere main-
taynaue, according to an order of coiirte made in Guilford
the ^ , wh was, that if any remove, 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-
auc w^h he gave in to paye, and to render the ouerplus to the
owner, now foe this purpose the land hath hine made vse of,
hut not for the towne rates.
Mr. Ceffinch saide that he treated w% Mr, Disburowe
ahoute 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 vpon oath
that Mr. Oeffinch tendred to Mr. Disburowe the laying downe
all his accommodations in Guilford for that yeare for defraye-
ing puhlique charges, and Mr. Disburowe, tlioughe he was
slowe in it, yett at li^t saide if yow doe it according to towne
order we cannot refuse it.
Tlie plantiffe saide that they dissiered to hoxild to that, that
if it was laide downe accoiMling to order they wUl 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 plantiffe and deffendant being demamided had no more
to saye. The court proceeded to sentenc, w'^h is that the
deffendant for want of proofe is cast, and must paye tlie rates
to Guilford w'^h is due for his lott their.
Mr. Robert Newman presented into the courte the invcnto-
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
them.
[209] [i Mr, Evanc attornye 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
)yGoo»^lc
1647] NEW HAVEN COLONY KBC0ED8. 373
it is lost. And allso for damadge w^li the saide flaiiicll
Peirse liatli or maye sustaine for want of it.
Thomas Moris saide that Mr. Pery dissiered himo to fetcli
the flote, hut hee answered hime that be would not, and lie
might send his owne men for it, for if any damadge came, if
he fetched it, it woxild be laide vpon hime, but Mr. Pery was
very importunate w^li hime, & tould hime that they would
beare liime harmlesse, so by much perswasion, he and John
the Duchmau fetched it, and when they had done w^h it, he
tould Mr. Pery they must take care of it, and he and Grcn-
feild Larcbc saide they would doe it as Mr. Ohadwell can
Mr, Chadwell testifyeth vpon oathe that being aboarde the
Plienix 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 cai-ied into it place ; the like passadges was w^h Mr.
Pery, and Mr. Perys answer was the same. He asked them
why the lighter men toobe it awaye and caried it to the old
shipp side, they said that that was the secuerest place it could
be laide in, till the river was cleare. This they saide both of
them, thoughe apart, two or three times.
The eourte 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 he 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
readye by the midle of the next weebe, and Thomas Moris
being incouradged by some help that Mr. Chadwell & Mr.
Peirses carpenter, and some mattcriails w=h Mr, Goodier &
Mr, Malbon promised to afford, promised to make one.
)yGoo»^lc
S74 NEW HAVEN COLONY RECOUDS. [1647
A Gbneeall Couetb the 8"' day op March, 1647.
Tlie GoTenier acquainted the eourte that the millitarie offi-
cers, according to their dissire, had considered how the watch
might be caried on for more ease to tlie towne then formerly
it hath bine, and thinke that foure men w'hout a master maye
seme in a night, (leaning estraordinarie occaisons to other
considerations as the eourte hath before provided.) These 4
men to carye on the watch in mannei- as followetli, They are
to be all at the watch-house an houre and a lialfe after sunn
sett w'h their armes compleate, according to the former order
f tl -n t 1 d tl 4 t tl t
to tl t (1 J ght t tt tl w t 1 d
tl tl h ^ d U tl t tl ) m t tl
t m t tl t th wat 1 d th 1 ty f thf Uy a
1 t tl 1 t 1 tl tt t t tl 1
Tl 4 t. w Ik tl It pt f th ght
t tw tl th 1 1 f tl 1 1 A 1 wl 11 t w 11
m^ th tl t t 1 1 t n tl 1
tl m t t b d d » y tl d t f tl
t wh th th y 1 U Ik half tl ght at
no, and tlie like, and the &euants foi their faitlifull dist-haige
of this trust are freed from watching in their owiie psons.
After some debate aboute this matter, the eourte agreed
and ordered that till they see some inconvonienc arise by it,
the watch be caryed on in this manner.
It was propounded wheitlier the men at the farmes should
not watch in the towne, allso concerning the deacons and dep-
uties for tlie eourte, and seamen.
For the farmes it was answered, that they are by an order
of eourte 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 tlie 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 Ireed, but if they have estate in
the towne then they are to find a watchman, thoughe they
watch not in ther owne persons. It was further ordered
)yGoo»^lc
1647] NEW HAVEN COLONY RECORDS. 375
that Mr. Pell, Mr. Westerhouse and Mr. Auger be freed from
watching."
It was propounded wlieither paons that are abouc 60 yeai'es
of age should be freed from watching. It was ordered that if
tliey bo such as haue estate in y^ towne, thoughe they be freed
in their owne psons, yett they must lind a watchman. All
others, not exempted by publique place, to watch.
Williara Judson and John Broclcett propounded that they
might be freed from watclung, but the courte sawe no cause
to grant it.
The G-ouerner dissiered the seriante that they would be
carefull to looke to their squadrons vpon the Lords dayes, that
all tlicy w^h tranagresc the court order maye be presented,
that so all show of parallitie maye be avoydod.
[210] Att a Gbneball Courte the 23"i of March, 1647.
The Gouemer 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,
bee tlierfore dissiered to knowe ther minde, wlieither 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 wiU now
consider and dispose of the matter themselues, or chuso a
comittee to wliomo tliey will refer the wholle matter.
The courte considered the propossition, and agreed to chuse
a committe. And tiie persons chosseu are the magistrates,
elders and deacons, the treasurer and on oute of each quarter,
Francis Newmau, for Mr. Eattons quarter.
Richard Myles, for Mr. Goodyears quart.
Henry LindaUe, for Mr. Lambertons qurt.
John Cooppr, for Mr. Newmans quart.
* Probfibly because they practiced medicine. Foe some acoorait of Mr. Pell who
had been a surgeon in tbe Peqnot war, and from whom the town of Felhiun takes its
name, the reader i8 referred to Bolton's Hist. Wratohester County, i. 521.
)yGoo»^lc
376 NEW HAVEN COLONY RECORDS. [1647
John Clarke, for the siibYcrbs.
Mr. Oraiie, for Mr. Malbons quarter.
Mr. Evaiic, for bia owiie quarter.
Mr. Gibbard, for Mr, "Wakemans quart-
Mr. Ceffincb, for his owne quart,
Livetenant Seely for the subverba where he d-welleth.
To these o tl e ma o pt of them agreeing, the courte gives
full powe to di po e of the absent lotts, w'h -what abate-
ment of 1 te fe mg or piibhque respects they shall see
cause. Allso to co de • and reserve what lott they shall see
meette & o t commodious for a colledg, w^h they dissire
maye bee sett vp so soone as their abillitie will reach thervnto.
The Gouemer acquainted the cource that brotlier Andrewes
had bine w^h hime aboute keepeing the ordinarie, and is willing
to keepe it if he could see a waye howe hee might be able to
provide thhigs at tlie best hand m season. He therfore pro-
pounds that the towne woulde buy his house, house lott and
land, & make himo such paye as he might buy provissions in
season at best hand, and he wiU live in it & paye them rent
by the yeare tiU he cau provide himeselfe of another house,
conyenient and nearer the watter side for this purpose, and he
will reffer the pric to indifferent men to judge. The gouerner
asked the coui-te if they would not chuse some to consider w'h
bro: Androwes of this matter, and they agreed to doe it, and
chosse Kichard Myles, Henry Lendalle, Thomas Munson, Jer-
vic Boykine, Francis Newman and John Cooper as a committe
to consider of it and make reporte to the courte as they should
finde cause. Further William Andrewes propouudes that he
might have some pai-t of the Oystershell feild for a pasture for
strangers horses and some medowe ground w'^h lyes conven-
ient to gett haye for strangers horses in the winter, all which
vpon the isue of the former matter, tlic courte woxild consider
further off.
It is ordred that if any cattle be found in any corne feild or
other severall ground where they ai-e not to come, the owner
shall paye 6<^ a heade, (beside damadgo,) wherof 1^ is to the
pounder if they be pounded, and 4'^' to hime that bringcs them
)yGoo»^lc
1647] NEW HAVKN COLONY BEC0BD8. 377
fortho, either home or to the poimd; and for horses it is 7'' a
pec, lii to Hie pounder & 6'' to hime that briuges them forthe.
Henry Lindalle was chossen in the roome of Authony
Tompson to joyno with them that ai'e appoynted to view that
land for Mr. Gfoodycares and Mr, Wakemans qiiarters.
It is ordred that every cooper w'hin this plantation shall
take care that he make Ms ware tight and good, and full for
gadge, and shall sett his burned marke vpon it tliat his wai'O
maye bee knowne, and allao the just gadge, howe much it
holdeth, w^h is to be as foUoweth; the hogshead 64 gallons,
but not lease then 62; the halfe hogshead or quarter caske,
32 gallons, but not lesse the 30 ; and the baiTell 48 gallons,
but not lesse then ^ . Thesse to bee all marked as
they will hold vpon tiyall, and no othei-wise.
Oaptaine Malbon acquainted the courtc that the watches
were made vp, but he finds that aundrye old men and seamen
find themselues agreived that they are put into ■watch, tlier-
fore wheither the courte will not spare them, hot it was
Mr. Robert Newman propounded to the courte, that ther
qiiarti' and the next wher Mr. Ceffinch lives, dissires that
they might have on tliird pt of ther land wthin the two myle
exchanged for so much at heither end of the playnes, because
that on the hill is so stony they caimot plant it, and yett is bet-
ter for pasture then y plaine. The courte considered of it
and chose Mi-, Malbon, Mr. Wakeman, Mr. Crane and Leiv-
tenant Seely as a eommitte to view and consider of what they
propound, and howe it may stand w^h the townes conveuiency
or inconveniency, and to make report backe to y courte.
It is ordered that every man shall attend the putting his
eattie 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 damadge ; if they doe, they
are to be pounded & the owner to answer it at the pertickuler
courte.
)yGoo»^lc
378 NEW HAVEN COLONY KECORDS. [1648
[211] A CouETB THE 2tii OP Mayb 1648.
Thomas Hogge was warned to the eourte foi- not comeing
to watch on night the last weeks in Aprill, but it apeared he
had not sufficient warning, so it was pa^ed 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 neag-er said
he was sicke & left in the woods, so he was faine to goe forth
to seeke hime least hee should be lost.
Jonathan Marsh was complained of for not comeing to
watch, he saith he vnderstoode not the warnuig, for it was in
the night when he was asleepe, but because WiUiam Russill,
whoe wanied hime, was not in courte, it was respited.
Old Goodman WiUmote and Samuell Marsh tooke the oathe
of fidellitie.
James Byshopp was complained of for not comeing to watch
but it appeared he had not wamuig, thoughe he was carefull
to inquire after it, so it was passed by for this time,
Mr. Goodauhouse was complained of, and John Fislier, Mi".
Westerhouse man, for not comeing to watch. They made
ther aeveraJl excuses, w^h for this time, seeing they were stran-
gers, the court accepted and passed it by, tiiey promising for
time to come to attend the servio more carefully.
Wiiham Paine was called to make proofe of tlie charge he
made against Seriant Munsou. Hee saide it was not his intent
to charge Seriant Munson w'h pai'tiaUitie. The Gorerner
told hime he charged it so as it must be partiaUitie or grose
neghgene. He produced William Gibbina, whoe saith tlaat he
tooke notice that some came late, as Henry Lindalle, Allen
Ealle, Goodman Lampson, William Blayden ; but it is long
sine, and he cannot tell wheithor tliey were complained of or
no, John Halle saith he sawe Goodman Lampson and Henry
Lindalle come late, but wheither tliey 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 w'hout armes, and wheither it were not Tpon some day
)yGoo»^lc
1648] NEW HAVEN COLONY RECORDS. 379
that he was al^sent, for he was 2 or 3 daycs justly hindrcd 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 lie was complained of liimaelfe, and
then in this distemper to declare it, it did not savour well, but
ho said he was sorey for it. Seriant Munson was told y' the
court judged Mme faithfull in his trust, yett it had the appear-
anc of negligenc, but they hoped this would be a waniing,
and so passed it by.
Mr. Evanc tendred an account betwixt Henry Gibbines and
Mr. Trobridg, wherin it appeared Mr. Trobridg was debttc
to the said Henry 20' 05« 05^, yett because he is not able so
fully to cleare the ace 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 dai'es take oatli, is due to liime at
least-
Mr. Crane allso demaunds 10' from the same estate of Mr.
Trobridg, w^h Henry Gibbins saitli vtsis due to hime from liis
master, but being asked if he co\ild make oatiie of it, he was
at a stand, but they were wished to prepare accounts more
perfectly against the courte of magistrata.
Mr. Robert Newman, as M^'^ Wilkes her executo'', hath
sould and passeth ouer to Robert Bassott 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 orehyard. He to
take the house w'houte 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
topaye the one halfe, tliat is 20', betwixt this and the 29"' of
September next, and the other 20' at or before the first daye
of Maye next. This pays to be made in corne, cattle or
wamppomc.
John Halle challengeth something of M'"''* Wilkes estate
as a legacy given by Mr. Wilkes to his wife, but it was
)yGoo»^lc
S80 NEW HAVEN COLONY RECOKDS. [1648
An iiiveiitorie of the estate of William Balle deceased was
delivered into the courte, and ordered to ho recorded,*
Mr. Samiieli Goodanhouse complained of ^ , a
Duchraaji Wh is servant to Mr. Henry ^ and was
prepareing to rnne awaye from liimQj for he had gathered
many things together for that purpose as himeselfe confeseth.
One before he did ran awaye as farr as FarefeUd but was
stayde and sent backe by Mr. Lndlowe, and was brought be-
fore the governer heare and promised amendment, hwt yett
returnes to the same course againe. lie leaues it w*h tlie
courte, dissiering them to showe what favoure they maye.
The courte considering this delinquent had had warning
before and promised amendment, and yett now returnes to the
same euill againe, ordered that he should be wliipped, yett
w'h some moderation, seing he is a stranger, and his govern-
ors whoe susteyne the damadge dissire it.
[212J ||The marshall tould the courte William Wooden had
neglected his watch, and by hiroe sent this answer, that that
night he was not well and gott another to watch, whome he
conceives promised liime, but he deceived hime and the watch
was neglected, so he leaues it to the courte. The court
agi-eed that William Wooden be warned to the next courte to
give his owne answer.
Joseph Gemsye was complained of for want of armes, \mt
he not being in courte himselfe, but sent his answer by tlie
marshall, it was respited,
Mr. Theophilus Higenson propounded to the courte tliat
Edward Chiperfeild owed hime xx^, he dissiered the lielpe of
the courte, that he might have it ; he was told when the
estate is setled then the debte muste bee proved, and till
then it mu^t be respited.
)yGoo»^lc
1648] NEW HAVEN COLONY RBCOEDS. 8ol
Att a Generall Court tub 22"' op Maye 1648.
William Jeanes was admitted a member of this court and
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 Nowhavcn
for tlio yeare ensuing,
Francis Newman was chosen secrctarie for Newhaven for
the yeare ensiling.
Thomas Kimberly was chosen marshall for Newhaven for j"
yeare ensuing.
The Governer propounded to the court tliat they would con-
sider something aboute the watches, for it is found that as it
was last setled ther is inconvenienc in it, becaixse y« warning
of the watch is so late that it makes disturbanc in mens fam-
ilies when they are in bed. The cotirt considered of it, ajid
for prevention ordred, that the foure watchmen wh arc to
watch, come to that sariants Iioxise wher they shall be ap-
pointed, halfe an houer after sunn sett, vnder the penalltie for-
merly setled ; and the first two that come, the sariant is,
(haveing given ther charge,) to send p'sently forth to warne
the nest watch, and so to walke the rounds in ther course as
before ordred. The other two haueing ther charge from the
sariant, are to march to the watch-house, keeping the court of
gaurde, and takeing ther tume to walke the roundes as bee-
fore ordred. And if it fall out that one or more be absent at
the time appointed, the sai'iant 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 thoiighe they come after, yett
shall retume home againe and watch for them the night fol-
lowing,
John Meges is freed from trayning because he is lame, and
)yGoo»^lc
382 NEW HAVEN COLONY KECOEDS. [1648
from watching in his owne person, provided that he hire a
man to watch, that the sariante sliall 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"h have no estate in the towne, are for the p'sent, till the
court see cause to alter it, freed from watching.
Mr. Goodyeare, because his fanne is allone and farr from
the towne, hath two men freed from watching,
David Atwater, Richard Maosfeild, is to finde each of them
a man to watch at the towne in regarde of ther house lotts
heare.
Mr. GoodanhousG fanne is respited till tlie court more folly
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 Neeke 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 own-
ers and the nixmber of the catle given to the governor.
John Meges was chosen clarke for y« trayne band of New-
haneu.
The officers for the artillary chosen this yeai'e was p'sented
to the court, viz'i. Robert Seely,Captaine, "William Andrcwes,
Lcivtenant, Mr. Chittendine of Guilford, John Nasli, William
Fowler, Uichard Beckly, Sariants. Henry Lendalle, !
Richard Myles, Clarke.
Samuell Whithead is chosen collector for the c
for this yeare, in the rome of Anthony Tompsoi
The Governer propo\mded to the 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 deminished and the towns
weakened, and many other considerations ; allso wheither
tliey thinke it not meete, that every house lott in the towne
finde a watchman, thoughe ther be no house or no bodey
dwell vpon it. The court thought it worthy of consideration
)yGoo»^lc
1648] NEW HAYEN COLONY RECORDS. 383
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 m the Eaye to know what they did
thor aboute it, and then the court will consider of it againe.
[213^ II The Governer acquainted tlic court the heares
ther is some families in the towne want releife, as widdow
Knowles, widdow Halbich ; the oi'dred that M' Gilbert & Mr.
Wakeman joyne w^h the treasurer to consider of their state,
that they bo not put to extremity.
Lancelot Fuller desired the court that they would grant
lum a pec of land to sett a house vpon, vpon the banke side
by the creekc, betwixt M^'^ Lambertons house and Sariant
Jefferyes. The court chose Mr. Goodyeare, Leivtenaiit 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 wh
allowed 15^ for a woolfe, and 2= H^ for a fox be againe in fore ;
but for younge woolues or younge foxes it is but halfe the
price.
Mr. Malbon acquainted the court tliat those whoe were
appointed to veiwe 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. Aliso that those that
were appointed to veiwe one tlie west side for Mr. Goodyeares
and Mr. Wakemans quarters, beyondo Mr. Malbons meddowe,
haue done it, and finde notliing but, if they desire their land
their, tlio towne maye grant it w'hout inconvenienc to them-
[Tliere was a General Court for the Jurisdiction held on tho 31st of May, 1646, as
we learn from the MS. Beoords of the United Colonies, (Hazard erroQeouBly gives the
date as May 3d.) The tjme for the election of olUcers foe tlie jnmdiction had heen
changed from Octoher to the last Wednesday in May, probably at the preceding ses-
sion. At this time Theophilus Eaton and John Astrrood were chosen commissioners. ]
,Gooi^lc
384 NEW HAVEN COLONY RECORDS. [1648
A Court held at Newhaten the 6"' of June 1648.
John Moss passetli ouer to Richard Beech 1 aC, 1 quarter &
14 rod of meddowe, lying in the west moddowe, one end abut-
ting on tlio West River, the otlier end runing into a cove in
the vpland, betwixt the meddowe of Richard Beech & James
Russell.
William Elayden was complained of for not appearing at
the last generall court, he sayd he heard not the drume nor
knew that their was a court, and sayd he could take his oa,th
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 CeiSncb his will, and accepted of the execu-
torship, and p'sented an inventorie of the estate of the sayd
Tliomas Ceffinch in court, amount to 3431 00 : 00. prised by
Josua Atwater & Samuel Oefiinch, the O"" of June 1648.*
Joseph Gernsey was warned to the court and appeared, and
was complained of for want of armes. He made his excuse
that he was poore when he came out of his time, & sine he
hath intended to goe to sea, so hath neglected it, hut was tould
that these excuses would not serve, for though he wj« poore
or went to sea he must have armes. For this neglect he was
fined 5^, & if he be not provided in a moneth, it will bring a
greater fine vpon him.
Leivtenant Seely, as sealler of leather for the towne, 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 cuiTier
sayd some of it was Abraham Dowlitles, some John Ohidseys,
some Jn" Gregoryes. Jn*> Megs had none tlieir, but he saw
a pare of shooes Wh came from him wh was made of leather
gren and horney, neither sealed nor iitt to be sealed, wh 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
)yGoo»^lc
1648] NEW HAVEN COLONY BBCOBDS. 385
hy that cutting it appeared not fully tanned, so not litt to be
sealed, and that before tbie last order he sealed or marked
other mens hides wth N. H. 'w'b a knife, besides cutting them
for tryall ; that if he had thxis sealed or marked this leather,
it had bine a double fault, in makeing faultie leather into
shooes, and in falsifying an office trust, sealing that w=h
should not be sealed. But he was further told that this
leather was not sealed, and the last order reached all ynsealed
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 ignorauc, but that satisiyed not. Lastly it was con-
ceived that from Abraham Dowlitle or Jolm Chidsey he vnder-
stood that Leivtenant Seely had 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 Wh tlie order
was made, this he acknowledged not, whervpon his miacar-
iage was respited till Abraliam 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
curryed a pec of leather wliich he had in the house, thoughe
he knew it was both vnsealed and horney, not tanned. He
acknowledged that vpon Moses Wheelers importunity he had
made him a small pai'c 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 sliooes, 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 deeeitfull shooes, w!h such appearanc off
49
)yGoo»^lc
386 NEW HAVEN COLONY RECORDS. [1648
an inward conviction, and suitable sorrowe, that all or most
that heard him inclined to satisfaction, was deeply offended at
this passage. How many shooes John Meges hath since made
and sould of snch faultie vnsealed leather they know uot, but
in this one paire severall evills appeai'e. First contempt of
authority in brealcing an order wherin himselfe w^h others had
bine advised w'h and had approved it. Secondly, continewed
vnrighteousnes in selling a small paire of shooes made both
vpper leathers & scales of faulty leather at so highe a price,
not acquauiting tlie buyer wMi any defect, or piirpose of any
restetntion if the shooes proved bad. Thirdly much appoar-
anc of guile in his late repentanc, returning so soone to the
same sinn for w=h he had voUuntaryly and piibliquely judged
himselfe. Wherfore reserving libbertie to tliemseliies to heare
and consider any other mans complaint against Goodman
Megges for selling such faultie shooes, when any such shall be
brought, the coiirt, for this miscariage, agravated by tlio fore-
jiamed circumstances, ordered Goodman Meggs to paye twenty
shillings to the towne as a fine, beside due satisfaction to
Moses Wheeler when it shall be i-equired,
John Jackson, Beniamen "Willmot & Thomas Yale were
complained of for not comeing to watch, but it appeared they
had not seasonable warning, and it was before the watches
were aetled in their course, therfore the court for this time
past it by.
Francis Hall was wai-ned to the court and appeared, and
was complained of for refusing to watch himselfe, and for
counselling others to refuse it allso, Wh cariage holds forth
contempt and a riseing vp against the authority of the place.
Francis Hall sayd he spake some words to Seriant Fowler,
but he intended no such thinge. Seriant Fowler sayd he sent
Francis Hall word to come to watch one the third day at night,
but lie came not, nor any for him, so he hired a man to watch
in his roome; the next day he mett w'h Francis Hall at Mr.
Evanc his house, and told him he shoxild have attended his
watch, but he hired one to watch for him, and bid liim either
paye him or watch for him agaiue, but he answered he would
doe neither of them, and was verey stiffs & peremptory, and
)yGoo»^lc
ai-4^.Ac,iiU»-ii«iia^'fa«^TASeM: i ■.;
1648] NEW HAVEN COLONY RECORDS. 387
though Mr. Evauc and Robert Martin both perswaded him, he
would not barken.
Mr. Ling sayd that John Jones hia farmer told him tliat
Francis Hall dishartened him from watching, saying they
should all faro j" better if he, the sd Jii" Jones, went not to
watch. Francis Hall seemed to fall vnder it, & saide he rath-
er beleived Seriant Fowler then liimselfe, and doth allso beleive
what Jn" Jones saith, and submitts to the courte.
The court considered the cariage of Francis Hall, and saw
it contempt of authority w'h a disrepectiye cariage to the
seriant in his place, and such counsell gave to others w<^h as
in the nature of it tendes to disturbanc in the commonwealth,
therfore ordered that Francis HaU paye as a Une to the townc,
twenty shillings.
Richard Myles and Kogger Allen were appoynted to prise
the estate of William Ives deceased.
Richard Myles, William Tompson & Mathow CamfeUd were
appointed to prise and vallew the estate of Anthouey Tompson
A Geneeall Court the 3^'' op July, 1648.
Thomas Moris was admitted a member of this court and
received the freemans charge.
Mr. Gibbard being cliosen tlie last court, Trcasiu'cr for
Newhaven for a yeare, did now desire the court to make
choise of another, for he was not fitted w'li abillities to carle
one that worke to the townes satisfaction nor his owiie, but
would rather 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. Gibbai'd be treasurer for
Newhaven for the ensuing yeare.
The Govemer acquainted the court that the heardmen
have complained to him that y- dry catle, as oxen and steeres,
do so trouble their heards that thoy know not what to doe w'h
them. It was therforo propounded wheither the court would
)yGoo»^lc
388 NEW HATEN COLONY EECOEDS. [1648
not make some order to p'veiit it, w=h the court considered
liow to doe, and ordered that if any dry catlo or oxen be found
in the cowes walke to trouble tlie beards, the owner of them
paye ^^ a head, beside poundage if they be pounded ; and if
any quarter or quarters shall agree together to drive out their
eatle or hire a keeper, and any refuse, they haueiug bad sea-
sonable notice therof, the pticuler court shall judg of their
miscariage, & order them to paye and beare charges w^h their
neighbours, according to their proportion.
Tlie planters one the west side of the towne desired they
might haue hbbertie 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 tlie east side of the towne, & those one the
west; the one pt relinquistiing then- right m the Necke &
takeing it whollye in the Oxe pasture, the other leaveing then-
right in the Oxe pasture, and taljeing it wholly in the Necke,
and then, if their be a considerable number that wiU plant,
they maye, as they shall agree, fence in some for that purpose,
provided that tliey abridge themselues of 'leepeing ther. Mr.
Gibbard & Richard Milles were appoynted for tJiat side of tlie
towne, and Mr. Ling & Mr. Oeffinch for the other side; that
is Mr. Batons qr., Mr. Malbons, Mr. Newmans, Mr. Oeffinch
& the subverbs on the other sid the east creeke, that so the
matter might be prepared for another court.
[215] II William Andrewes and Tliomas Munson were de-
sired to veiw the pillars of y meeting-house, that any decaye
in them maye bee timely discovered and p^yented. And the
like was allso desired of William Andrewes for/o 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 towuc w'h moale, therfore ordered
that he should be fi-ecd from watching.
)yGoo»^lc
1(J48] NEW HAVEN COLONY HBCOEDS. 389
It was allso propounded to the coiirt wheither they would
free Robert Basaett the druiner, from watcbiiig, but the court
ordered that he be not freed, but that bee watch as other
planters doe.
Captaine Malbon propounded to the court that the cullers
bought by the artillary company, w=h have bine allso vacd in
the towne traynings and received some damage therin, might
be payde for out of tlie towne stocke and be the townes cullers,
and lett the ai-tillary have the vse of them in their traynings,
seeing tlie townes good is promoved therby. And it was
ordered tliat they be so payde for and vsed.
Tciwers chosen for the fences for the yeare ensuing arc as
foUoweth,
Mr. Gilbert and John Walker for Mr. Batons & Mr. Malbons
quarters.
Mr. Ling and Eobert Hili for Mr. Newmans & Mr. Ocffinches
quarters.
Wilham I'owlcr & Henry Glouer for Mr. Gibbards quarter.
Henry Lendall, Thomas Mitchell for Mr. Goody ear es
quarter.
Phillip Lock, Thomas Lampson for Mr. Lambertons q\iarter.
John Moss, Mathias Hitchcocke for y^ subverbcs.
Thomas Beament, Henry Pecke for the playnes.
Francis Browne, Mathew Moultlirop for Oystor-shell-feild
till y^ corne be oiit.
Thomas Beament was chosen sealler of leather in the roome
of Eobert Preston deceased, and tooke oath that ho should
deale faithfully to scale all leather according to the order wh
hath bine made, according to the best of his light.
William Audrewes desired the court to provide some other
to keepe the ordinary for he was not able to carie it one, Vf"h
tlicy tooke mto consideration.
Thomas Moris propounded to the court that himsclfe and
others imployed aboutc veaaells as carpenters might be spared
from trayning, because some time many mariners w^h are
vnderpaye attend vpon them,wherby the pric of commodities
is rayeed. The court saw no waight in the argument & tlier-
fore granted it not. But what workemen are imployed as
)yGoo»^lc
390 NEW HAVEN COLONY RECORDS. [1648
carpenters aboute the great ship, when it is in hand, ai'e
spared from trayning for that time till she be ready to goe
forth.
Jonathan Marsh desired he might have libhertie to sett vp a
shop to worke in on his trade, vnder the hanke side nest the
watter before his house. The court reffered it to be veiwed
by Leivtenaiit Seely, Jasper Orane, Thomas Munson, and
Francis Newman, and to report to the governor how they
finde it, who is to graunt or deney as he shall see cause.
A Court held att Newhaven the 4"' op July, 1648.
Samuell Whithead, John Moss, Rogger Allen and Thomas
Lampson were complaind of for being absent at the general!
coui-t when the names wore read, tliey made their excuse that
their cowes were lost the Saboth day before, and they were
faine to goe looke them, haueing no other to doe it, and Jn"
Moss further saith tliat they had loaded goods aboard tlie
lighter wh he app'hondcd to be in some danger, because the
winde was high that morning, and thought it his duty to goe
and looko after them. The court considering that the case of
tliem all is estreordinary, & could not be p^vented before,
past it w'hout a fine for this time.
John Hall was complained of for absenc at a general! court,
ho sayd ho had no warning, & went out in the morning before
the drum beate, & knew of no court. Wilham Holt was com-
plained of for the like & gave the same answer, for ho was
w'h John Hall. For both the court past it w'liout a fine.
William Bassett was complained of for not bringing his
armes to y meeting on the Saboth day w^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 brouglit them in the afternoone ; but he was told it
was his neglect who should knowe, but the court findeing it was
no willfull neglect, agi-eed that he paye halfe the fine, w=h is
2^:6^.
Thomas Wheeler was conaplained of for defect in his armes.
)yGoo»^lc
1648] NEW HAVEN COLONY RECORDS. 391
want of gunsticko, some powder, defective scabbard, w^h he
confeseth, tliough for his pC he coneciveth ther was inoughe.
For these he was fined IS"", and for late coining to trayning
w'^h he acknowledgeth, 12''. He was complained of for
ahsenc at a squadron trayning, but he answered lie was put
into a now 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 dmm left beating, as he con-
ceives he did, the court will consider of it againe, but for p'sent
it is respited.
[216] II John Whithead, servant to Mr. Crane, was com-
plained of for want of a pine in tlie locke of his pec. His
master saith it was no other defect then hath passed ths 8
yeares, and could, not he mended w'lio\it a new stocke, and
the gunsmith sayd it was sufficient. The court for this time
past it w^hout afiue, but agreed tliat it should be mended.
James Clai'ke w^ complained offer coming late to a squad-
ron trayning, & late one Saboth day w% his armes. Hee an-
swered the true reason was because his wife was sicke, w°h t]ie
court accepted and past it w*hout a fine, but is fined 12'' for
late comeing in the aftenioone one trayning day as himselfe
acknowledgeth .
James Clarke was further complained of for absenc vpon a
trayning day when they showed armes. He sayd Sariant
Munsoii tooke him away and he tliought 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 Jirly last, 1647, demaunded
out of the estate of Mr, Wilkes 10' as a portion promised by
Mr. Wilkes to his wife, whoe was his servant, as he then proved
by two witnesses, vf-h proceeding were now reade, and far-
ther to confcirme the tliingo, 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
)yGoo»^lc
392 NEW HAVEN COLONY BECOHDS. [1648
remember distinctly wheither he sayd it was five pounds or
tcnn pounds. The court considered that it is a case that con-
eerneth tlie estate of the deade, and that Goodwife Hall her-
selfe is not now in court to answer to any question might he
propounded, and being desierous that the indenture wherin
she was bound to Mr. Wilkes might be searched for and showen
in eourt, therfore it was respited till tlie next court.
Mr. Gibbard was fined for defects in tlie cocke of his mans
gunn Q^, and for want of at least 1' of buUits 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 liis wife was sicke & hindred him,
or elc one day when he kept cowes, but he leaves himselfe
w*h the court.
John Thomas was too late w'h his armes one Lords day, the
reason ho saith, was because he had a child sicke and was
faine to goe to Mr. Pell for sometliing for it. The court judg-
ing it a worke of mercy and necessary to be done, past it hj.
A CoueT AT Nbwhavbn the fikst op August, 1648.
Mr. Orane 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
farmonr, w=h Mr. Davenport would have issued by a private
arbitration, and for that end hath desired them, one his be-
balfe to consider the perticulars w'h Goodman Byshop in a
friendly way & to propound refferenc, but Henry Byshop hath
euer refused it, saying he would issue his owne matteres him-
selfe, wh cariage of his, after tlnree monetlies of forbearance,
constreyned Mr. Davenport to tliinke 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 cowld not prevayle, whervpon the warrant
was served and Goodman Byshop appearing, the court would
have proceeded, but Goodman Byshop desired respite, because
)yGoo»^lc
1648J NEW HAVEN COLONY RECORDS. 393
some of his witnesses living out of towne were absent, and
himselfe at p' sent vjiprepared for triall. He was told that his
witnesses wore not so farr out of towne but they might have
bine sent for & ready since the warrant was served, Mr.
Crane and Francis Newman one Mr. Davenports behalfe,
desired that since Goodman JByshop is no setled planter, but
maye remove at pleasure, ho maye put in security to the val-
lew of 60' to satisfyo and paye what shall he found due from
liim to Mr. Davenport, whoither by sentence of court or arbi-
tration, and that if it be by arbiti'ation, Goodman Byshope
chuse men free from just exception. The court aproving the
motion, propounded it to Goodman Byshop. Goodman By-
shop desired y' Mr. Davenport 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 esteome,
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
debtc ; but if he could make any just exceptions against Mr.
Davenports arbitrators, it should be considered. Whervpon
Goodman Byshop ingaged all tlie corne vpon Mr. Daven-
ports fai-me, wheither in y^ bame or abroade, and one mare
belonging to him of Mr. Davenports breede, 5 steeres & two
Iieyfers aboutc three yearcs old, and 5 cowes ; all w«h, both
corne and eatle, hee afiirmed to be free and vningagcd at
p'sent, and did now in court ingage them to Mr. Davenport,
by way of seciirity to satisfye and paye whatever shall be
found due vnto him by arbitrators indifferently chosen betwixt
thom, 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
50
)yGoo»^lc
S94 NEW HAVEN COLONY RECORDS. [1648
that Tpon tlie sixt day last wecke, after stinii sett, their was a
disorderly meetting and drinking at tiie house of Eobert Bas-
set, w''h contiiiewed, as was conceived, till betwixt tenn and
eleven of the clocke, wherin ther was severall miscariages, to
the great provocation of Gtod, the disturbance of y^ peace,
and to such a height of disorder that strangers wondered at
it, and Kobert Basset himselfe confesed he had not seene the
like since he came. The manner and pticulars were as fol-
loweth,
[217] II Some of the Susans company, after their dayes
worke was finished, comeing on shore mett w'h the master
and owner of a pinnace lately come in from Boston, and foure
of the workemen for the ship builte heare, and John Griffen.
They went into Robert Bassets and called for sacke. He
told them he might not draw less then three quarts, w^^h was
a most pverae interpretation and abuse of an order, as if the
court would further drunkeunes, forceing men to drinke more
then they desired, wheras he should have drawne none at all
in that waye ; the order being expressly made and penned to
suppress such disorderly meetings and drinkings. No man
w*hout speciall licence being pmitted to sell wine or strongo
liqueurs by retayle in small quantities, much loss to vse his
house or cellar as a tavcnie for company to come in and spend
tlaeir money in drinking wine or strouge liqueurs ; onely if a
merchant will drawe out a pipe or pec, he might sell either to
neighboiir plantations or to tlie inhabitants of Newhaven a
runlet, case of glases, or by the gallon for his private vsc,
but this company, being in number tenn, (besids Robert Bas-
set Mmselfe,) Robert Basset drew tliem three quarts, and
after in severall pceUs, three quarts more at that sitting, by
Wh means some of the company, (as appeareth,) dranke
to excess and distemper, and bralte into quarrelling and other
sinfull miscariages. The owner of the pinnace, in their cupps,
calling tlia boatswaine of the Susan, Brother Loggerhead, the
boatawaine returns threatening language, thenc they grew to
sideing, pt takeing and chalenging, then the master of the
pinnace and the boatswaino goeing out of y« house, fall first
to wrestling, then to blowcs, and theirin grew to that feircues
)yGoo»^lc
1648] NEW HAVEN COLONY RECOEDS. 8%
that the master of the pinnace thought the boatswadno would
have pulled out his eies, and the markes of the biowcs ap-
peared some dayes after Tpon his face ; and in this rage and
distempr they toumhled on the ground, downe the hill into the
creeke and mire, shamfuUy wallowing therin ; and had they
not bine ptod, thej might have proceeded to further mischeife,
for Charles iEgenson, distempered as it aeemes w'h drinke, in
a way of sideing w'h the boatswaine, grew quarrelsome, wher-
w'h the owner of the pumace, beuig affrighted, rann aboute
y"' streete crying, Hoe, the watch, Hoe, the watch, and tlie
watch being then in that pt of j" towne walMng the rounds,
made hast and for y" p' sent stopped the course of y^ disorder,
but in this rage and distemper the boatswauie fell a swearing,
wounds & hart, as if he were not onoly angry w'h 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, lie returned to
Robert Bassets house, and their the boatswaine fell vpon him
againe and thenby frighted Kobert Bassets wife & child.
Robert Basset moved therw'h, thrust the owner of tlie pinnace
out of dores & told him (as himselfe coufesseth,) that if he
had him in place whore he would beate out his teeth, or as
Thomas Toby, (Robert Bassets witnes,) relates it, he would
make him sucke as longe as he lived ; which words ai'gue 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 theitlier observed onely
some pt of their miscariage. And though it be 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 farthered it by drawing, (as himselfe acknowledgeth,)
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, wh in himselfe and oth-
ers should have made him more watchfull against such disor-
der.
This sinfull miscariage being thus opened, and the pticu-
)yGoo»^lc
396 NEW HAVEN COLONY SECOROS. [1648
lars in substanc acknowledged by tbe pties therin concerned,
the conrfc proceeded to sentenc, and first finding Eobert Bas-
set guiltie of the breach of a knowne express order of y« gen-
erall court, in such selling wine andsnfferiug company to com
in, spend their money and eitt drinking at such vnseasonable
howors, all agravated both by the warning himselfe had in
John Lawrenson & his wifes case, whoe were fined for a less
miscariage in strong liquonrs comittcd in his house, and by
the sinfull efects w=h followed vpon this disorderly drinking,
as quarreling and fighting w'h disturbanc of the peace as
before expressed, swearing in such a fearfull manner as might
justly have brought downe the wrath of God vpon the swearer
& that whole company, frighting his owne wife and child, and
his owne quarreling & threatening, w'h the spii-it and in y«
phrase of a man distempered w'^h rage or drinke, the court
ordered Iiim to paye five pounds as a fine to the towne. And
that ^ Badyard, the boatswaine of the Susan, for his
distemper in drinking, his quarreling, fightiog, and swearing,
thoughe Mr. Evanc and Kobert Martin testifyed for him that
his course and cariage hath bine feire & free from swearing to
their best observance sine his first coming heither till this
p^sent miscariage, w«h did mittigatc the censure, yett the
court ordred that he paye to the towne forty shillings as a
fine, and tliat Charles Higenson paye 10% and Thomas Toby
5'. And for y foure strangers w'h came to worko vpon the
ship hear built, their being neither proofe nor charge against
them for excess in di-inking, quari'cling, or any other miscar-
iage, save their bceing in company m this disorderly meetting,
tlie court onely advised thorn 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 Ictt lus watch for y whole
yeare, and he that he hired fayled Inm. He was told that he
must answer for his man & require remedy of him againe, for
w=h neglect he is fined 5=. Ho 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^
)yGoo»^lc
1648] NEW HAVEN COLONY RECORDS. 397
reason at this time, tlicr might be something in it, but ho
could not afirme tliat, whervpon it was reffered to another
court.
Henry Pecke & Joseph Pecke were complained of for
comeing two late w'h their annes on Lords day m y" raorning ;
tlicy answered tlmt y^ night before they watched & liad no
rest, & when tliey came home they wont to take a litlo rest,
that so tliey might be y^ fitter for y« ordinances & not sleepe,
vpon w'-h consideration, for this time, y* court past it by.
M"*' Plume and SamueU Plume p'sentcd in court an inven-
tory of the estate of Mr. John Plumo of Totoket, deceased,
but because it was not vndcr oath of y« appraisers according
to y genorall courts order, the coiirt 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 wife of 10' ont of the estate of Mr. Wilkes, duo to her by
promise, as did appeare by the testimony of William Fame
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 tlien ^howen, 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 Willccs 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 aUso read in court, wherin it appeared that she
was to serve him for 5 yeares and to have 3' a yeare, Wh the
court judged competent wages, her passage being allso payde
for by Mr. Wilkes, so that the act was alltogcther free ono
Mr. Wilkes his pt. But he haveing promised and ingadged
liimselfe 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 sentcnc of the court is that Mr. Robert Newman,
execute of y^ estate of Mr, Wilkes, paye to John Hall as a
debto due from Mr. Wilkes to his wife, 10'.
1 haveing at a court, December y« T"' 1647,
)yGoo»^lc
398 NEW HAVEN COLONY EECORDS. [1648
entred an action of defamation against William Wooden, w^h
was opened and witnesses heard and examined, but then was
respited by ys court, whoo waitted for some further light out
of y^ Baye conccming this thing, Wh now being come, James
Hayward desired that their might be an issue put to it, wher-
Tpon the proceedings of that former court was read and a fur-
ther testimony of Boniamin Hill ypon oath, taken before Mr.
Malbon the 25^^ of Maye 1648, wherin Eeniamin Hill testify-
eth that lie heard William Wooden saye, James Hayward was
hollowe liarted, and if y^ church Imew that he heard, he
would not be received againe, and that lie would bo banished
if all was true he heard (or they knewe as much as he,) and
that he dealt basely w'h him at Captaine Turners, haveing put
a peee 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
roadie to cliarge him w'h it. Likewise the testimonyes w^h
came from the Baye wero read, wherin it appeared that the
things charged by William Wooden and witnessed by John
MascaU were true in y^ substanc, tlioughe William Wooden
had spread them in a defameing slanderous waye, and taken
vpon him to saye that he would be banished, which was none
of his worke nor place to doe. Likewise James Hayward his
owno letter now produced, showes that he hath brought
an ill report vpou y^ place, reporting things of it that were not
true. And by Gfoodman 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 drinkhig in y" Baye. And by Mr. Noris his wright-
ing it appeares that he had not caried 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 wh he had written
in his letter. He sayd he knew not when he answered in
court that he had so written, w^h the court knewe not how to
beleivo. James confessed titer was more discovered by the
providonc of God then lie did expccte, wh yett did not excuse
)yGoo»^lc
1648] NEW HAVEN COLONY RECORDS. 399
William Wooden in his slanderous comae, ii'li tlie comt
admitted, and ss formerly, so now ■witnes&ed against him for
it. And William Wooden himselfe did acknowledge that the
maimer of his reporting was scandalous, and that ho was out
of his way when he sayd he would be bani&hed, hut lii^ left
himselfe w'h the court.
Both ptyes haveing spolcen what they would m 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, Wh was none of his
worlte, paye the charges of y" court ; and that James Hay-
ward, for his owne sinn, beare his owne shame and charge he
liath bine at in sending and goeing into the Eaye, 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 mayc.
A OODET HELD AT NeWHAVEN THE S"" OP SEPTEMBER 1648.
.John Vincon was complained of for want of aboute throe
quartrs of a pound of buUitts, he sd he knew it not, and sce-
mg he is now provided the court past it by w'h 6^ fine.
Mr. Ceffinch was complained of for coraeing late one Lords
day w^h his armes, & Jn° Downe his man allso. For his man
he saith he was necessarily Mndred from y« meetting. For
himself, he came in before Mr. Davenport, and others was late
allso, and instanced in Thorn : Meekes, but for himselfe be
was fined 12^.
John Downe, Mr, Ceffiuch his man, for absenc at a squad-
ron trayning was fined 2^ 6''.
John Herrcman was complained of for not bringing his
armes one Lords day. He said it was beeatise lie hath two
chilldren, and either his wife or he must staye from j" ordi-
nances at home w'h tliem, or elc he must bringe one of them
)yGoo»^lc
400 NEW HAVEN COLONY HEOOHDa. [1648
and then cannot bring Ms armea, but y" court judged that
this was hut a common excuse that many might make, and if
it should be attended the service would be neglected, therfore
agreed the he paye y« fine, w"li is 5^
Martin Tichener was complained of for comeing late w'li
his armes one Lords day, & allso for want of suitable bullits
for his pec one viewing day; but because y^ sariants note is
somewhat imperfect wh complaineth of these defects, it was
respited till next court.
Henry Gfibbons was fined for late comeing one generall
trayning day (as himself confesseth,) 12^. And for late
comeing one squadron trayning 6''. And for not bringing his
armes to be viewed one morning to the saiiants house as he
had warning to doc, 12^. In all 2% Q"^.
Henry Byshopp for want of some bulhts & not being yett
provided, was fined 12*^.
Peeter Browne for y like was fined 12''.
[219] 11 The court was informed that Adam NickhoUs came
late w^h his armes one Lords day, but because it depende'd
somewhat vpon the corporalls witnes and lie is not in court, it
was respited till the next court.
Thomas Meekes was complained of for comeing late w*h his
armes one Lords day, he saith hee thinkes he was their before
exercise begane, but leaves himsclfe w^b the court, was find
12<i, Ho was complained of for absenc at the generall trayn-
ing yesterday, he said he was not well, but it was said in court
that he was at worke, 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''.
JeremiaJi Watts for want of some po' & bullita was fined 2^.
Thomas Lampson being warned to this court for some defect
in his armes, appeared not, Wh hath a show of contempt, &
therfore is to answer it at next court.
The marshall informed the court that lie had demanded
the fine of Robert Basset w^h was laid vpon him for his disor-
der, ho refussed to paye & said he would have the matter
scaimcd ouer againe in y« court. Tlie court ordered that he
)yGoo»^lc
1648] NEW HAVEN COLONY BBCTOBDS. 401
paye his fine betwixt this and y« next court, or elc make his
appearane then & their to show the reason why he payes it not.
Mr's Plume of Totokett and her somi Samnell Plume
brought into y« court an inventoric of the estate of Mr. John
Plume deceased, amounting to 366' : 09^ : 01^, prised by Rob-
ert Rose, Robert Abut & Lawranc Ward vpon oath the 4"' of
Septembr, 1648.
Samuoll Plume pleaded for a portion out of the estate, but
because the witnesses were not readie, it was respited, onely
jijtiB plumo said it was her husbands will that he should have
100' & a note from Mr. Swaine signifyed as much,
Henry Bishop informed the coiirt that he had, according to
the courts order y^ last court, indeavored to gitt arbitrators to
issxie the matter in differenc betwixt him & Mr. Davenport,
butt could gitt none. He was asked whoe he spake w^h to
doe it, ho named Mr. Wakcman, JMi". Tuttill & Richard MiUcs.
Tlie court thought they were fitt men & sent for Mr. Wal^e-
man to desire him to take this vpon him, but ho was not at
home. Richard Milles being in court declared himselfe
vnwiUing, but the court agreed that they mxist chuse some to
doe it, and appointed Mi'. Wakemau & Richard Milles, two
w=h Henry Bishop chose himselfe, and Mr. Orane & Francis
Newman chosen by Mr. Davenport. But Ilemy Bishop ex-
cepted against Mr. Crane to be an arbitrator in this buisenes ;
he was asked the reason why ; he said he told Mr. Davenpoi't
that he should except agauist one of his men that he had
chosen, whervpon the marshall was sent to Mi-. Davenport to
acquaint him w'h it, whoe brought word agahie that he won-
dered Henry Bishop should make exception against Mr. Crane,
seeing he hath bine in all the buisnes from the begiiiing 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 ho speakes might not be
taken ill, for he was loath to speake it in open court ; lie 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
51
)yGoo»^lc
402 NEW HAVEN COLONY EECOItDS. [1648
CEune to the court and informed the court that the objection
Henry Bishop makes hatli not the fore of a just exception in
it, for it dotli not sliow any thhig of Ynfaitlifullnes 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
be can hare it done hy a workeman for a gi'eat deale less, and
yett he spake but his judgment and if an arbitrator may not
doe see, to what end is their any? 2'^'!', Mr. Crane and
Francis Newman have stood arbitrators for him above a
quarter of a yeare, and he accepted them but then would
not joyne others w*h them, and for that he said he told Mr.
Davenport he would excepte against one of his men, it
was not a possetive exception, but vpon occaision of Mr.
Davenports words to liim that he y^ sd Henry Bishop must
chuse men w*hont esception, he answered by way of retort
saying it may be he should except against one of his men, and
ill ye issue it appeared that y« exception was in prising tlie
stubbing of the ground, in w'^h Francis Newman had a hand
as well and equall w^h Mr. Crane, and therfore the exception
must lye against them both alike, nor doth it yett appearc that
the thing will be done as it ought to be to fullfill y« covenant
for so iitle s^ Heniy Bishop thinkes it will. It was propound-
ed to the court wheithor they judge the exception just Wh
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 that these foure
men, viz'^, Mr. "Walieman, 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 Bisliop, 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 proceede.
Mr. Pell was warned to this court and appeared; he -v/a&
told it was for two reasons, first to take the oath of fidellitie,
2^'y, to paye in y^ fine of 10' laid vpon him y" last court of
magisti-ats. He said for ye oath, he had taken it in England
and should not doe it heai'o ; ho ■was told no more is required
)yGoo»^lc
1648] NEW HAVEN COLONY RECORDS. 403
of liim then others doe, yett if he had any grounds against it
ho might propound them, or elc if he would considr of it ho
might. He said ho desired to eonsidr of it. For his fine of
10' he was asked if he had taken any 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, be said he should be
silent for he had given offenc heartofore w'h speaking, but y«
eoiirt desired an answer, wheither he would paye or no, but
his answer was tliat ho desired to be silent,
[220] II Wmiam Judaon informed the court that aboixt«
this time twclue moneth he hired John Knight to be his ser-
vant whoe was then w*h IPrancis Hall, haveing three weekes
to serve as ho the sd Knight said ; and he, gave him earnest
that he should come to him aboute 14 dayes after Michelltide,
and he expected him accordingly but he came not. He asked
Francis Hall why he came not, be said because he owed him
money. WiUiam Judaon told Francis Hall tliat he woidd
paye his debte, yett Hall would not lott liim come, wherfore
he desires the justice of the court.
John Knight saitla that ho agreed w'li William Judson &
tooke earnest to serve him so soone as lie was free from Fran-
cis Hall.
Mr. Ling saith that he beai'd Jn" Knight saye that if Good-
man Judson would paye the money bee owed Francis Hall, be
was free from him.
Francis saitli that he could prove that John Knight was to
doe him servic for the money be owed him, but bis witnes was
not heare.
William Judson aaith that Knight told him that he owed
Francia Hall something, but not service. Francis HaU was
asked how much Kniglit owed him now, he said ho could not
tell justly, but he thought five or six pounds. The case stand-
ing as it dotli, the court advised them to agree it tliemselues,
and in conclusion they both agreed that Francis Hall shall
keepe Knight a moneth longer, & that then he come to Good-
man Judson, and that William Judson paye to Francis Hall
for Jn" Knight what shall appcare to be justly due to liim, in
)yGoo»^lc
404 NEW HAVEN COLONY BECOEDS. [1648
a cojiveuient time according as the same shall appeare to be,
& that the charge of this p^sent court be homo betwixt flieni.
The court declared themselues that ■whoosoeuer hath Jii"
Enight must put in secixritie that he shall be forthcoineing
when the court calls for him, & Francis Hall promised he
should be ready at y^ courts call, elc he would answer for him
& be lyable to what aenteno the court should inflict vpon him
if he fayled hearof.
A Genbrall Court the 9'1i op October, 1648.
Jervic Boykui was admitted a member of this coiirt and rec
ya freemaiis charge.
The Governer propounded to y^ court to know what corse
they would take to prevent the damadge that is done in come
& meddoweSj for he heares great complaints ; their are orders
in force, but wheitlier it was not neoeaaarie to make aome
stricter order aboute awine aiid fences, or that some other
courae might be taken that these damadges might be prevent-
ed, and wheither they will debate tlie matter now or chuse a
committee to prepare the matter againat another court ; but
every one might now propound what way he tliinkes of, that
if tliey ebuae a comitteo they maye consider it. The court
agreed & voted to chuse a committe to consider and prepare
tlie matter aginst another court. The committe chosen are,
the court, Mr. Tuttill, Mr. Gilbert, Mr. Robrt Newman, John
Copr, Jeremiali Whitnell, Henry Lendall, Mr. Wakeman, Jn"
Gibba, Thomas Powell, Robert Johnson, Leivtenaut Seely,
Mathew Oamfeild, Sam : Whithead, Jervic Boykin, Jn" Tomp-
son, William Davis, Jn" Vincon, Mr. Gilbert, David Atwatter
for y^ farmea. The towne was desired to informe those whom
they have chosen that all things maye be fully considered &
debated when the committee meets.
The court chose the Magistrats and deputies as a committe
to dispose of Oyster shell feild for common & pubhque advan-
tage. Leivtenaut Seely propounded for 5 or 6 ac'^ for a place
to shott at a marke vpon, w"h is aJlso refered to y'' aame
committe.
)yGoo»^lc
1648] NSW HAVEN COLONY EECORDS. 406
William Andrewes whoo koepes the ordinaiy, propounded
to y^ court that ho might liave some helpe afforded him for
the better carying of it one. He was wished to aeqiiaJnte y«
coui't wUi what he desired ; he said, first a convenient Louse
neare the watter side. 2""^, 100' of provission laid in and
he would returne it againe to y« towne so soone as it pleased
God to inable him, wh was talien hito consideration to he
prepared against another court.
The Governer acquainted the court that the commissioners
have ordered to commend it to y'' several] generall courts,
that wampome should not he forced vpon any man for pay-
ment w^h is not i,in some measure suitably stringed, & if any
stone wampom be p'sented, it be broken.
A Genbeall Court the 18"' op October, 1(548.
EphraJiim Penington and John Walker were admitted
members of tliis coiirt and received the freemans charge.
Edward Parker & Jn^^ Walker had libbertie to depart y^
court.
The Gouerner aj^quainted tlie court that the committee they
appointed the last court to consider aboute swine & fences
have mett & considered of them, w^h the issue of wh consid-
eration the court was acquainted, and after much debate it
was ppounded 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^ corne feilds iii y« towne, to pound
hoggs & catle, & view y^ fences, & warno men of their defec-
tive fences one a wceke, & tlic man most fitt for this trust and
imployment the coiirt conceived was Jn" Ooppr ; but y''
things being divers and weightic, and lecture time drawing
one & y° court of magistrate sitting in y« aftemoone, it is
reffered to another court.
)yGoo»^lc
406 NEW HAVEN COLONY RECORDS. [1648
[221] A Generall Oouet the 30''' oif October, 1648.
John Cooppr was desired to acquaiiite the court wlieither
he be willing to be a generall pounder for the towne. He an-
swered yea, so that the towne would sett him in a way what
to doe & how he might be payde. He was desired to acquainte
the court what he desired, he sd iff he made it his whole im-
ployment he could not doe it vnder 30' a yeare, but the court
thought not meete to laye forth so much yearly rpon this
worke, therfore it was propounded that he might spend two
dayes in a weeke to view al! j" fences, & pound catle & swine,
& that for his payc he might have S"! vpon every ac of land
that is improved for corne w^hin y« two mile, and that he gitts
for pounding catle beside, w^h was propounded to Jn" Coppr
and he accepted it. Whervpon the court ordered that for y=
yeare to come John Ooppr be publique pownder for y« towne,
to be vnder oath to view the fences aboute the corne feilds
belonging to y^ towne wthin the two mile, one every weeke, if
no extraordinary providenc hinder. The time for his view is
left to himselfe, so as mayc bo most for y° benifito of the sov-
erall quarters, and to tell every man whose fcnc is defective
one every weeke, but if any man hath had warning of his fenc
to bo defective, & it is not mended before tho next weeke he
view againe, (their being a weekes time betwixt his view,) the
fine to be 12^ for every post & length of rayles that is defect-
ive or downe, <fe 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 be p*^ by y^ owner of the fenc beside. And for his
paye the court ordered & ho accepted, that he have 2^ for
every ac of land w'hin 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 be 4'! a beast as ox, steere, cow or calfe, & 12^ a horse,
& for swine according to the order following ; and thoughe
tho swine or catle of any sort Wh transgrcse the order be not
pownded, but the owner told of them, they must paye as if
thoy were pounded.
)yGoo»^lc
1648] NEW HAVEN COLONY RECORDS. 407
It was propounded and desired by divers that no swine
might be kept but what men will keepe Yp hi their yai-ds, or
ele if tliey keepe them abroad, then at such a distanc as they
maye not doe damadge to comefeilds 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 hi j" towne, or at the farmes, shall
keepe them vp hi their yards, that they goe not forth to doe
damadge, vnder the penaltie of 12'' 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 tlie penaltie to be but 3'' apec, to goe to
him that pounds them or brings them home. This order to
take place a moneth hone, till W^h time the former order
stands in force.
The putting in eatle into j^ 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 fcnc, he shall maintayne the fenc so farr as that
yard or penn reacheth, that his neighbour be not damnifyed
therby.
Jn" Coppr desired that tlie pound might bo removed to a
place nearc his owne house, that it might be moro convenient
for him to pound swine or catle. The towne was rather
willing to make a new pound neare his house and he, the said
John Coppr, oifered to sett vp one as bige as that w=h is all-
readie vp, (substantially & strong,) for 50s, w'^h the court
agreed to & was willing to allowe liim.
The Govenier propounded to the court that seeing what had
bine done concerning the absent lotts to dispose of thom dotli
not issue the thing, for though tliey was -willing to abate pai-t
of the rates past & to vallew the fenc as it is now worth, yett
men accepte not of them, wheither theirfore the will not
thinke of some other waye, either by themselues or by a
)yGoo»^lc
408 NEW HAVEN COLONY BECOBDS. [1648
comittee, to dispose of them. The coiu't considered of it and
chose the magistrats, elders and deacons, and one out of each
quarter in the towne, viz''. Francis Newman, Mr. Crane,
William Andrewes, Jervic Boykiue, John Ponderson, Mr, G-ih-
bard, Hichar Milles, Leivtenant Seely, Mathew Camfeild, as a
committee to wliome the com-t gives full power to consider &
dispose of tlie 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 against 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 that he might have lib-
bertie to make a wharfe tlieraboute wher tlie shipp was built,
that 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 Leeltes to keepe vp tlie watter, that so
they 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 magistrats and deputies, Mr, Evanc, Leivtenant
Seely, Mr. Eudderford, Robert Martin, and they have libbertie
to call in any others y' they thinke may give y™ light in these
matters.
The towne was desired to bring in their rates to y" treasurer
w'h speed, elc they must looko to be warned to the court.
William Andrewes desired the court that they would pro-
vide some other to keepe the ordinary, ele furnish him w^h
100' and a convenient house. Mr. Evanc said tliat himselfe
& foure more would lend him 5' apee for three yeares freely,
W'^h was looked vpon as a kind offer, but that would not an-
swer, and some proposition was made concerning John Herri-
mans keeping of it, and aboiite tlie house was M' Lambertons,
vpon Wh occaision it was reffered till Mr, Goodyeare came
home.
They which are to have land on y east side were desired
)yGoo»^lc
1648J NEW HAVEN COLONY BBCORDS. 409
to bring in ther names whoe they are that they maye have it
laid out.
[222] {{ Mr. Eobert Newman againe propounded to kuow
wheither the court was willing to exchange one third part of
the land belonging to ther quarters w'hiu tlie 2 mile. The
court desired the committee before chosen to view that land
to view it againe, that they mayo 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
p'sently, and when he gives warning to any quarter that liee
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
goo 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 Newhaden the 7"' op Nouembbh, 1648.
Sariant Fowler complained that his squadron came not to
trayne according to y* court order, Hee was asked if the
drume beate, lie said uo, thoughe the drumev knew his duty
and ought to attend the townes order, the court said it was
true, for he is a townt, 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 sliipp woike 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 Lis
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
)yGoo»^lc
410 NEW HAVEN COLONY BECOEBS. [1648
against this his neglect but past it by for this time, w'hout a
fine, & allso freed the squadron.
Robert Basset was complained of for abaenc at two generall
courts, he answered that y reason was because he was imploy-
ed in druming to call the court together, & went but home to
breakefast & came againe presently, but the names were called
before he came. The court considered his excuse & freed him.
He was advised that one squadron dayes he beate the drume
aboute those squadrons that are to trayne that day.
The will of William Ives deceased was prese]ited in court,
made the 3"' of Aprill, 1648, witnessed and vnderwritten by
Richard Milles & Eogger Allen, whoe now in court testify that
the said William Ives was in a state fitt to make this will &
did make it.*
AUso the inventorie of the estate of the said William Ives
amounting to 98': 04: 00'', prised by Richard Milles ifeRogger
Allen vpon their oath, the 22th of September, 1648.t
William Basset whoe is neare the mai'iage, (they being con-
tracted,) of y* widdowe, was called to put in securitie to y^
court for the estate, that the chiUdren of William Ives maye
have their portions duely pd, according to y generall courts
order, but he desu'ed respite till y« next court w^h the court
William Basset was complained of for abseuc at the generall
trayning yesterday, he sd it was because he had some haye
w^h did lye vpon the stroye, ther being many catle lying at it,
tliat if he had not fetched it that day it would have bine eaten
vp & spoyled, & he liad indeavored to fetch it the weeke be-
« Will of Wiffilun Ives, made April 3d, UiS.
He makes Ma wife sole executrix and gives her ttie use of all hie goods, house and
iandfor the bringing up of his small children— gives to his son John the house and
land at 21 yeai's of aga, to his tJiree other children when they oome to 30 jeara of age
one oow apiece or its value, to his wife the rest of his estate.
If the Lord should take awsj any of the daughters, then that portion shall fall to
the 3^uiig8st son, and if the Lord should take away the eldest son, then it shall &)1 to
the yonngest sen at 21 yeaxa of age.
The mark of WiDiam Ives, witnessed by Richard Miles, Roger Allen.
t In the mnrgiu, "y" 4"" Saptem. 16*8. Rich. Miles & Roger Allen conSimed vpon
oath what they before teetifyed concerning William Ives iiis will, and y 6''' of Novm.
16*9, ^he exacutiis tooke oath y' to y best of her light j' inventorie p'senf^d is a ti-ue
invent, of her deceased husbands estate."
,Gooi^lc
1648] NEW HAVEN COLONY EEC0BD8. 411
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'hoiit
fine.
Jolm Nash was complained of for absenc at a general! court
the 9'ii of October, he sd he had lost a cow vpon the last day
before, and was faine to goe sceke lier, & 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. Lii/g, Mathias Hitchcocke, Jii" Wakefeild, Henry Car-
ter, Joseph Nash, Mathew Kow, 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, Wh as tlie 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 coixrt
past it by for tliis time.
Sariant Andrewes was complained of for absenc at trayning
yesterday, he answered he was constrayned by his occaisions to
goe to Miiford to end a biiisinos wh should elc have come to
this court, w^li was waiglitic as the governer knowes, Mr.
Evanc should have gone the aixt 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 traynuig cai'efnlly 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 payc the fine,
for the other he was not well & could not come, wherfore the
coiirt past it by.
The will of Anthony Tompson* deceased was ]
* " A iraghtiiig presented m ooiirt, lor bhe last Will nnd Tsstaiiient of AiiiJioiiy
Toiapsoii deoesaed, made March 23d, 1647."
Givas to bis eldest son his iiiheritauoo, houso and laud iiad mendow he hod given
Mm by the Town, (onlj the honse, his wife is to have duiing h«r life,) stnd ten pounds
whan he comes to eighteen years of age. To his second son, Anthony, the land imd
mea,dow he bought of brothei" Clarke, and ton pounds to be paid him when he comas
to the age of twenty-one years. To his daughter Bridget, what he had by his foiinev
wife and lifteeu pounds, to bo paid hei' at the age of eighteen years, provided that she
,Gooi^lc
412 SEW HAVEN COLOJST EECOEDS. [1648
court, made the 23'!' of March, 1647, witnessed and vnder-
written by Mr. John Davenport, paste, & Mr. Eobrt Newman,
rilling elder of the church of Newha%'en.
Likewise tlic iiiventorie of the estate of the said A.ntliony
Tompson, amounting to 2361; 18": lO-i, prised the 26"' of
September, 1648, by Richard Milles, Mathow Oamfeild &
William Tompson vpon ther oath. And ^ Tompson
the widdowe of the deceased called to put in securitie for the
chilldrens portions, but because y court would not piit her
vpon it suddenly, they reffered it to y« next court.
William Basset paseth oner to Mathew Camfeild two ac"
of meddow, one ae^ of it lying in the west meddow one this
side tlie river betweene the meddowe of Eichard Osborne &
Thomas Knowles, and the other ac lying in sollatarie cove,
& 8^ ac^ of vplaud in the subverbes quarter, on this sid y«
West River.
Heni'y Loyne was complained of for absenc at a general!
trayning, but Mr. Crane desired tliat it might be respited till
next court, w^h was granted.
[223] II John Eenham was complained of for being absenc
two generall traynuig dayes. Hee answered that the first of
them he was their in the morning, and after he had answered
to his name,newescanie that ther was many oxen in his come,
he went to Mr. Goodyeare 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 w'h haye Wh stoode aboute the necke hill
in hazard & he went to looke after that ; for the otlier day,
dispose of hei'self in, nifli-riaga wiOi the consent and approbaUoii of liei' mother and
the eldsrs of the tliUYoh then being.
TLe remainder of his estdte to !iis wife ; if slie marry again Ms otlier daughters to be
provided for ivitb equal portions as his other daughter hath, with the advice of the
eldars then bsing.
To his brothers William and Joliii Tompson, ennh ten siiilhngs as a testimony of hk
bvolherly ioTe.
His wife is made sole execiitris.
John Davenport and Robert Newman certified that Ihis writing was his nunoupa-
tiva will. Pi'esentod to the court of Magistrates the 27th of May, 1850, not allowed as a
legal will, but it was ordered that the wife of the said Anthony Tompson should ad-
miuistsr upon the estate, Becordmg to the porljoulars in this writing contained, per
Francis Newman, Secret.
,Gooi^lc
1648J NEW HAVEN COLONY EECOEDS. 413
his corn was gathered & laye m hazard of being eaten vp & he
was faine to goe gett it home, the wecke before being wett
that he could not, yett he went to 7" captaine & company to
giv him libbcrtie, 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 lialfe y fine for absenc Wh is 2' : 6^.
Beniamen Willmott was complained of for absenc one
trayning day and for late comeing another trayning day. Ho
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
iitle, 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. Goodanhousen & 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
nmn awaye to the Dutch, might be remitted, but was told
that because it was done, thoughe in this court, yett w^h the
assistanc of two other magistrats, it must be reifeied till a
court of magistrats, or till two magistrats sitt heare wMi this
court.
James Till was warned to this court to attend aboute an
action to be tryed betwixt Richard Pery & Jn° Me^, but ap-
peared not, w*^h the court looked vpon as a contempt Wh he
is to answer for the next court.
The court ordered an attachment vpon Jn.° Meggs his com,
viz'', 10 bushcU of wheat, and that it be not removed out of
Mr. Perys barne till y differcnc Wh is betwixt them concern-
ing the barne be ended, and what Mr. Pery owes Jn" Meges
he must paye.
)yGoo»^lc
414 NEW HAVEN COLONY BEC0RD9. l_lt)4»
A Geneeall Court toe 20'ii oi' Nouembbb, 1648.
The Govemei ac luaintcd the court w'h & read a letter w^h
be h^d lecened Itotn \« t,omnnttee of both houses of parli-
ment '
The Govemer mlormed the court that the committee ap-
pomted to dispose of the absent lotts have mett twice and
considered of them & thmke meets that the rates past be
forborne A tlie ienc 1 1 foi is it is now wortli, & the first
sui \ aye and tbit if dny to "n bom luy part of tliem is disposed
of shall w'bin fi,ve yeares remove out of the towne, then they
shall returne the land backe agaiiie to the towne, therfove
those that lind tbemselues straitened maye give in their
names, that so men maye be accommodated so farr as the land
will beare.
Mr. Evanc, Mr. Yale, Mr, Atwater had libbertie to depart
the court, & Bobrt 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 w&a informed that the order made last court con-
cerning keeping vp swine was much objected against & taken
il! by divers in the towne, whervpon it was againe propounded
to the court if they would alter it, but tlie court would not
but confirmed it for a yeare.
The marsball complained that Goodwife Lampaon wae very
troubelsom to bis family, and she bad bine long at his bouse,
and sees litle amendment & desired he might be freed from
this ti'ouble, whervpon the court wished Thomas Lampson to
take her home or elc gitt another place whcr she might be
kept & looked too.
It is ordered tliat every quarter, or quarters that lye togeth-
er, shall, w'bin the compase of a weeke after this court,
*Tbi3 latter is rafeneil to in "New Haven cnse stated," and -wiia " for freeing Uie
Beveral distinct ooloiiiea of New England fi'om moleBtation by the appealing of trouble-
some spicitg unto England, wbereby they declared that they had dismissed all causes
depending before them from New England, and tliat they advised all inhabitants to
submit to tlielr respeolive govarnmeats tliere established, and to acquieaca whan their
causes shall bo there heard and determined." The letter iras signed by Pembroke,
W. Say and Seals, Mancliesler, Fr, Dacre, &c., Warwick, Denbigh,
)yGoo»^lc
1648] NEW HAVEN COLONY RECORDS. 415
meete together and setle & marke the fenc so that the Tiewer
maye know every mans fenc w'hout further tronblo, and for
neglecte hearof, the quarter or quartrs shall paye 20% vnless
they can laye it vpon some pticular man or men, for his or
their stiibhornnese or refractaryncss, wh tlie pticular court
shall judge of.
John Hall, WiUiam Paine, William Holt, Nathaniel Meri-
man, Henry Morrell, desire to have their land on y« east sid,
betwixt the red rocke & Mr. Davenports fai'me, & tlie'coui't
ordred that it alioxild he laid out together that they maye plant.
John Coppr tooke oath to be faithful! 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 COUKT HELD AT NeWUAVEN THE 5"' OP DeCBMBEIE, 1(548,
Henry Peek was complained of for absene at a genei'all
court, lie said his wife was sick and that was the cause, vpon
wl\ consideration he was excused.
Robert Pigg was complained of for absene at a genei'all
court, he sayd that it was a wett morning that the drume could
not beat aboute towne & 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 laldo vpon tenn bushella of the wheat of 'Jn»
Megs w=h laye in liis, the said Richard Perys bai'ne, and not
to be removed out of the barne till y'' rent of y^ barne was
satisfyed for to the ed Richard Pery, yett contrarie to this he,
y« sd Jn" Megs, hath removed and disposed of the wheate.
[224] II John Meggs answered that he tliouglit 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 hushells more,
that when they came to winowe, their proved but ahoute 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 offended them much, to saye their was not an
)yGoo»^lc
416 NEW HAVEN COLONY BEC0RD9. [1648
actuall attachment when the court layd it themsehics and
needed not to send any ofSccr to doe it. Further tiie gover-
ner informed tlie court that Jn" Megs was w*h him and com-
plained that the hoggs came into the barue and spoyled liis
come, & it would not be safe to leave so much corne their
threshed. The governer told him that he might therfore
leave it at Mi-. Perys house as he threshed it, but he objected
against that, therfore was told he might leave it w^h the
treasm-er, but he did neither, but contrarie to all order caryes
the come away & dispoaeth of pt of it, which cariage the
court looked vpon as contemptuous in John Me^ against the
court, and should after deale w*h him for it.
Further the plantiffe declares that their was an agreement
betwixt his wife & James Till, servant to John Meg^, for
one pt of his barne, for y^ rent of w^h he was to have wheat,
and for the vallew they both reffered it to his father, Mr. Mal-
bon. James Till was called, whoo saith that bee being ser-
vant to Goodman Meggs, went to M"3 Pery & desired she
would lett him her barne, she saide not all, he sayd then halfe,
she sayd yea, she said she must have eorne 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 ; notw^hstanding 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 lie
knew of it, but after M"''* Pery came to him (vnderstanding
James was his man,) and asked him if he would see tlie 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, w'h w<^h she was aatisfyed. After this M^'^ Pery
came for shooes, both to make & mend, and had what she
desired, she said she had no wampom, he said it was no matr
ter, it should goe towards the rent of the barne &, she was
satisfyed, and Mr. Pery, after be came home, came for a paire
of shooes & had them, but said he had no wampom ; he, y
)yGoo»^lc
-1^04Sj NEW HAVEN COLONY EECOBDS. 417
sd Jii" Megs, answered it was no matter, it should goe to-
wards the rent of the barue, and he objected not against it,
and they neuer spake of come but one time when they was
dressing, M''" Pery said, Goodman Megs, can jow spare me
any wheat, he said no, she sayd James promised eorne for the
barne, lie said he had none to spare.
Hfis peiy said she knew not of any such bargaine betwixt
Goodman 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 be as it was lett the last yeare,
secondly that they was content to take other paye y" corn.
Goodwife Meg^ testifyeth vpon oath that her husband asked
Mns 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, Purther this deponent saith tliat 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 Iiimselfe & was willing, to her apprehension, to take
them vpon y^ barne acC-
John Hall servant to Jno Megs testifyeth vpon oath that
M''* Peiy had a paire of shooes of his master & said she had
no money at that time aboute hei', 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'scnt, Goodman Megs said lett them goe in
ptof the barne, Mr, Pery said well, well, & went away seem-
ing to be content & yeilding a full consent, in his apprehen-
sion.
John Megs was called to show what the barne was lett for
the last ycai-e, but could not, whervpon the court was in-
formed that Thomas Wheeler senio'', wlioe hired that pai't 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 Mm for it seaven bushells of wheat.
)yGoo»^lc
418 NKW HAVEN COLONY becoeik;. [1648
Bicliard Pery aaith furthei- that the shooes he had of Jn"
Megs is prised" too deai-e, he asked 4^ Q'^ for shooes that he had
better of another for 3= 6'^.
The senteue of the court is that the shooes Mr. Peiy hath
had of Jn" Megs, being duely vallewed by Leivtenant Seely &
Thomas Beament, be deducted, the rest to he pd to Mr. Pery
ill wheat, after the rate of seaveu bushell for tlie whole, and
that the charges of the court be borne equally betwixt them.
And for the contemptuous eariage of John Meggs to the court
in refussing to fullfill their order in the attachment laid vpon
tlie corne the coxirfc fined him xx".
Widdow Tompson was called to put in securitie for hei-
childrens portions, bixt she not being fit it was respited.
William Pecke was complained of foi: absenc at a generall
court, he answered he was not well to come, whervpon the
court past it by.
William Easet was called to put in securitie for y« portions
of his wives chilldren, hut it was respited.
James Till was warned to this court to answer for his con-
tempt in not appearing the last court ; he saith that he
acknowledges he was served w'-h a warrant to appearc at the
last court but did not, hut liaveing a lighter load of haye to
empty went about that, w'hout asking leave of any magis-
trate,
Thomas Barnes informed the court tliat he served a wai'-
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] llliim, that he, the said James, stole a sithe 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 sitlie as he, y* said Barnes,
had taken a grubbing axe of his, whenaa Thomas Barnes had
borrowed the axe of James TiU as he now confesseth. AUso
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 kiUed it by
)yGoo»^lc
1048] SEW HAVEN COLONY RECORDS. 419
setting a gunn, and gott a noato of him to receive 16« for it
& therin by lying deceived tlic towno wliose order is that those
tliat kill woolfes, (& not find them dead,) aliould be pd for
them, w«h lying and cheatting James Till could not denye.
The senteno of the coitrt is that for his contempt of the
court in not obeying the warrants served, he paye 40« fine to
the towne, for the sitli that he make double restetution, y« sith
being vallewed at 4% for his lying, cheatting and slandering
that lie be severly whipped, and the he acknowledg the wronge
he hatli 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.
Jn" Coppr informed the court that 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.
Jn" Coppr complained that having poiinded 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 tlie fenc that is downe.
Mr. Malbon desired the help of the court in a differenc
betwixt Mr. Evanc, Mr. Gfoodanhousen and hiraselfe, 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 Wiudsore, to be pd in
merchantable wampome vpon demand, but if in his jurney
from Connecticote to Newhavon he 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 j" 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 tlien the horse was sold to Mr. (Joodan-
housen for such paye, to be pd to Goodman Eord vpon demand.
Goodman Ford sent one and had it not, after sent againe by
Goodman Meggott ; Mr. Goodanhousen proffered him beavo'
)yGoo»^lc
420 NEW HAVEN COLONY
biit they could not agree vpon termes, so he went away vn-
payde. Mr. Westerhousen sayd that ypon Mr. Goodanhouaen
desire he offered to paye Goodman Ford at Connecticote m
commodities, but he refussed them, (this was in August last.)
Mr. Westerhousen then told him that if he went to Newbaven
his man should paye him in wampome according to agree-
ment, so he came to Newhaven in the midle of Septem next
to tiie faire, but never called^ for the wampom though it laye
readie. After Mr, Westerhousen asked him the reason, he
answered becaxise now he required damages for want of his
money.
The court considered tlie p'mises, and ordered that Mr.
Westerhousen paye 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. Westerliousen or Mr. Goodanhousen.
Mr. Pell being ordered by the last court of magistrats to
attend this court, & being a fine of twenty shillings then laid
vpon liim, appeared not, but Mr. Leach being in court said he
was ordered by Mr. Pell to informe tlie court that it was
against his judgment to take an oatli, therfore could not doe it ;
he was asked if Mr, Pell sent the iine 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 coiirt told him he might if he would
vndertake to have him heare by tomorrow senit, but yS he said,
would not suit his oceaisions, therfore he would not send him.
John Meggs became suertie for James Till, & binds himsclfe
in 10' to deliver him at the prison to tlie marahall tomorrowe
morning,
Sariant Munson informed the court tliat he was aboute 3 or
4 raonthes sine accused in this court by Captaine Malbon that
he had vpon a trayning 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, & the massons had appoynted to come to worke
on the second day irom Guilford, w=h was trayning day hear,
)yGoo»^lc
1648] NEW HAVEN COLONY EECOEDS. 421
Mr. Dayenport spake to him to gitt helpe, & come Avndersett
the house, & prepare it so that the men might goo to worke
when they came. He told Mr. Dayenport it was trayning day,
therfore would have done it ypon the last day before, but Mr.
Dayenport was not willing to haue his house lye open vpon
the Saboth day, but said, lett him gett men aiid he would
freely paye the fines if the towne required it, so he spake to
two or tlu-ee 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 tlie euUars, 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 saye.
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, atturney for Phillip Galpin, informed the court
that aboute a yeare agoe Mr. Pell, &a Mr. Leach his agent,
was ordered by tliis court to paye to Phillip Galpine, or elc to
the treasurer, a certayno some of money due from Mr. Leach
to Natlianiell Drapr for wages in his sei-vic, and given by will
by Nathaniel Drapr to tlie said Phillip Galpine, W^h is not
payde, & now Mr. Leach himselfe being p'^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 wheriu it is given to- Phillip Galpine, as
appeares by the oath of one Goodwife TUIson of Vergenia,
now p'sented in court.
Mr. Bvanc 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
)yGoo»^lc
422 NEW HAVEN COLONY BECOftDS. [1648
of the court till Aprill next to bring in oath of the trueth of
it, w\\ was granted :
[226] Ij The court required that the money be pd according
to order. Mr. Leach desired that he might not pt w^h any
more, seeing he had paide it allreadie, w<^h the court was will-
ing to forbeare, provided he put in securitie, and he ingf^eth
hiraaelfe, the house & home lott, and six ac" of land he bought
of Thomas Kimberly, for the money, w=h is abouto eleven
pounds.
Mr. Eranc declared to the court that according to the court
of magistrals order and his ingagment, he no'vv p^'sented Jer-
emiah How to the court & hoped he should be freed from his
ingagment.
The Govemer told Jeremiah How that he 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 tliat if the prisoner* escaped it was not his
best way to deliver the letter, so that it seemes be thought
beforehand what to doe. Jeremiah How answered that Mr.
Goodyeer being at watter-side, he asked him if the irons
might not he 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 he a snare to him, to
deliver it if the prisoner should escape, and the mai-shall said
againe he hoped he had more witt. The marshall acknowl-
edgeth that he spake words to that purpose, for Wh he was
reproofed, but saith that they was first occaisioned hy Jere-
miah How, but Jeremiah acknowledgeth that in his hart, out
of a foolish pitty to y« man, he was willing to his escape.
Tlie govemer told Jeremiali How that he had deneyed this,
he answered that he remembers it not, he desired to have
favour showne Irim in his fine, hut for that the court reffered
it to y« court of magistrats.
John Moss attuniey for John Charles declared to the court
that aboiite three yeares sine or more, Jn" Charles sold vnto
* Tlie prisoner, Jamns Tm-ner, ivas a fngifiva froiu tlie Dutcli. See appendix Q, B.
,Gooi^lc
1648] NEW HAVEN COLONY EEC0BD8. 423
Jn" Megs a certaiue quantitie of hides, to the vallew of aboute
foui-ty 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 lie 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 Jn" Megs, and that these w'h now
Jn" Megs saith are Jn" Charles his hides are the last of a 100
hides wh were a tanning, of w=h Jn" Charles his hides were
but a part ; but it appeared that tlie matter was not readie for
tryall, the plant' wanting some witnes wh maye give light in
the e^e, and the defendant deneying what is alleadged. The
court refered it, but in tlie 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 Jn" 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 j<^
rest so that the debt may be secured, that then Jn° Megs
have the leatlier 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 weeko.
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 Geneball Court the fi^^ op 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
)yGoo»^lc
424 NEW HAVEN COLONY RECORDS. [1648
supplyed w'h uew ones, allso ye groundsells are rotten &
needes new ons, beside the raine beates in at the sides and
needes to be clapboarded; they have allso considered w*h them
of the charge, & find, as by a noate given in by the workemen
appeares, that it will be above 80', beside some other charges
of ropes, vnderpiniug the gi'onndseDs, & worlse aboute the
seates, & what elc they cannot foresee. Now the charge being
so great, they were willing to advise w'h the towne aboute it,
to know wheither they will have these tilings done, and how
they can pvide paye to discharge it.
It was propoimded by some wheither it might not be for-
borne another yeare, the workmen were desired to speake &
informe the court. William Andrewes said tliat he thought
it was not safe to defer it another yeare, and Thomas Munson
said that he durst not give counscll to deffer the repairing of
it. Jn" Basset propounded some otlier way how it might be
done and not take awaye these pillares. to put new in, & allso
for less charge, whervpon the court ordered that the worke-
men doe againe meete, viz*', William Andrewes, Thomas Mun-
son, Jervic Boykin, Jn" Bassett, Robert Bassett & George
Laremore, Jonathan Marsh & Thomas Moris, & that Jn"
Wakefeild keepe the mill till Geo: Laremore attend this meet-
ing & be pd by y« towne for it. The workemen are to con-
sider wheither the house maye staye safely another yeare
w'liout repaires, if not then how it maye be best done for most
safty to the towne and least charge, allso wheither the tower
& turrett maye safely stand and will not in a short time de-
caye the house, and if taken downe, then what will be the
chaise of that and to make the roofe tight & comely againe,
and when these things are prepared tlier maye be another
court.
It was desired that if any in the court knew of any place
wher their was good trees foi clipboards, they would informe
that they might be foi the townes vse, 8ariant Fowler a
Philhp Leeke spake of '■omo they knew of, and Sariant An-
drewes was ordered to L,oe along w'h them or any other that
knowes of any, & sett the townes marke vpon such trees as are
(itt for the townes vse, that no bodey elc may medle w'h them.
)yGoo»^lc
1648] NEW HAVEN COLONY RECORDS. 425
It is ordered that the court w'h Mr, Evaiic & M, Wakenmu
audit the treasurers ace" for y« yeere past.
The governer informed the court that a while sine tlie ptii>
ular court was informed of a miBcariage of Sariant Munsons,
that heo came to the company & tooke awaye some men vpoii
a trayiiing day morning to goe to worke to Mr, Davenports &
said ho would answer it, hut he saith the thing was not so,
therfore if any in the towne can cliarge it vpon him they are
desired to speake, if not that then he maye he cleared & men
be more warcy kow they espresse 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 give in their names to y^ secretaiie & what
they doe desire & where.
[227] II It was propounded that some course might he setled
about an ordinarie, William Andrewes said he was vnprovided
& vnless the towne afforded him help he could not keepe it.
It was then said that Jn" Herriman hath bine propounded and
is wilhng, whcrvpon the court ordered that Jn" Herriman and
his wife keepe the ordinary for this towne till the court sec
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 drawo a pipe of wine W=h he is to have of Mr.
Westerhouscii, Wh 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 ai-mes shall be viewed heare at the meeting-house,
therfor the was wished to make their appearauc.
A Genkeall Court the 8'^' of January, 1648.
The workemcu that were desired last court to view the
meeting-house &, consider of the best way how it might be
54
)yGoo»^lc
426 NEW HAVEN COLONT RECORDS. [1648
repaired for ye supporting of it, William Andrcwes spake for
liimselfe and the rest & said, that tliey conceived that tlie best
way Tvas to put in some halfe pillars, w'li a crose heam and
braces w"h should vphold the roofe and strengthen the house,
and so lett the old pillars stand still. It was propounded by
some whether the putting in of new pillars would not be as
clieape and better, whervpon the workcmen considered of it
againe, and againe delivered ther judgments that the best way
to doe it was w^h halfe pillars and lett these as be vp stand,
whervpon the court ordered that it should be so done. The
court desired to know what the charge would be, "William
Andrewes said they had considered of it & thought that beside
the stoning vnder the old pillars, they stoning vnder the new
worke they now sett vp, the charge would be 20i.
The treasurer propounded that Aprill rate might be paid
beforehand, but the court was not willmg till the former
treasurers acC'^ was audited.
William Jeanea was freed from the court to goo to mill for
the townes ocasions.
Robert Hill propounded to tlie court that he might be freed
from trayning, but the court thought it not meete, but ordered
that he attend traynings as others doe till some further weak-
ness appeare vpon him.
It was propounded that wampome w=h is not goode might
goe at 7 a penny and that w^h is good tradeing wampome at 6
a penny, but it was respited to further consideration.
John Oooppr acquainted the court that he finds great difii-
cultie in viewing fences, because some are gone out of towue
& others a goeiug, & leave none to take order aboute their
fences, (and the treasurer added, nor abouto payeing rates,)
wherby gi'eat damadge comes, and he knowes not whether to
goe to have it helped ; tlier was mentioned Thomas Pugills
lott. Job Hall, John Gregory, Samuell Willsou, Thomas James
& some of Millford. The court thought it worthy of consider-
ation, and ordered tlie marshal! to warue Jobe Hall & Sam-
uel! Willson to come before the govemer that some order
might be taken w'h them before they goe, and the secretarie
had order to wright to Thom: James & Jn" Gregory & those
)yGoo»^lc
1648] NEW HAVEN COLONY EEC0RD8. 427
of Milford that liaue lotts heare, to come & take order aboute
thcr fences & rates. William Eradley was to be warned to
come & speake w'h the governer aboute Abraliam Smiths lott,
and Allen Ball being p'scnt said for Thomas Pugills lott Mr.
Evanc had order about that.
A Gbnerall Coukt the SV' op January, 1648.
The Governer acquainted the court that the comitte they
appointed to dispose of tho 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 deviasiou & the meddow
of M. Boes lott & M''^ Bldreds, it is not disposed of, but the
comitte thinkes to dispose of it to men fltt for farmos to gctt
come and breed oatle for tho publique goode. A note how
the land was disposed of was read to the court and approved,
& ys 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 liim ther. Andrew Loe desired the 6 ac'^
Phillip Leeke refused, and Jn*" Vincou the three ac" Joseph
Nash refussed, and the court granted them ther desire in it.
The Govei-ner 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
tlie corne, wliervpou the court ordred as a confirmation of
tlieir former order, that tliose wh haue had ther fence defect-
ive before this time be warned to the next court, & if it be not
sufficiently mended before y^ next coiirt following, tliat then
they be againe warned to y^ court & a more severe ifine laid
vpon them for such neglect,
Mathew Oamfeild desired tlie 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".
Richai'd Beech desired a small pec of meddow in a cove on
)yGoo»^lc
428 NEW HAVKN COLONY EECORDS. [1648
y^ west side next his owne, but it was said in y« court that it
ia lotted out allreadie.
Thomas Munson, Jn" Basset, Robert Basset, William Peck,
Thomas Mitchell 'desired they might have some meddow
granted them out of a pec w^h lyes by Livtenant Seclyes,
11 ear e y^ blacke rocke.
Richard Milles desired that he might have his meddowe
w-h lyes in soUatary cove exchanged for so much in Oyster
River.
Leivtenant Seely and Jn° Brocket were desired to view
these sevGrall peells of meddow and report to tlie court how
they find them ; they are to be pd for their paines by them v'^h
shall haue the meddow granted to them.
[228] II Ml'. Crane desired the court would consider some
course that good bulls might be bred and they Wli breed them
might have just consideration for them ; the towne was desired
to consider & prepare 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 ai'e gi'anted
out of the absent lotts ; that is, if he remove in five yeeres out
of the towne it returnes to the towne againe, but for that at
the west bridge, if he would exchange it he should haue as
much granted to him as neare and convenient. He desired to
consider of it & he would tell y^ goveraer.
The towne was desired to see they be provided of ladders,
elc they will fall vnder the fine.
Samuell Whithead is appointed to goe w'h Jn" Coppr to
view and judge of fences, w"h are good & w^h not, and to val-
lew ife prise the fenc belonging to y^ absent lots what it is
worth at pi^senfc.
The governor acquainted the court that the comittee they
appointed to dispose of the absent lotts (vpon William An-
drewes & Jn" Coopprs request,) desired Mr. Crane, Richard
Milles and Francis Newman to viewe some meddowe one the
oast side w^h tlicy desire, it lying neare ther vpland, they in-
tending and Sariant Beckly to goe to live ther. And the said
)yGoo»^lc
1648J NEW HAVEN C0L0N5' RECOEDS. 429
viewers informed the court that ther is some meddow neare
tlier land and some further of, maye be to y= quantity of 40 or
60 ac" ; allso some vpland grase, two or three mile of fi-om
them, wher it maye he some hayo mayo be cutt, w^h they
thiiike the court maye grant w'hont prejudice to them. But
because the court would not grant they knew not what, they
appointed Jn" Erockett to goe w'h some of y" w^h could show
him wliat tliey desire, and take notice botli of the manner of
lying & place & quantity & report it to y^ court.
Leivtonant Seely propounded to the court that he might
haue libbertie to goe ahroade if oppertunity p^sents, for some
time to provide for his family, though it should for the p'Bent
take liim of from performing his place as he is leivtonnant, hut
it was respited to another coiirt.
A Court held at Newhaven the 6*'i op PEBURiRY, 1648.
John Hernman 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 ho hath done
any thing conti'ary to order he leaves himselfe w^li the court;
he was asked if he did not owne the thing, he said ther came
severall that pleaded necessitio, and said they could not be
supplyed elc wher, w=h had somo, & he did lett tho seamen
w"h worked aboute the shipp have some betwixt meales, but
ho was told if ho would confess no more, it might be proved
that he sold out of j" house, out of cases of necessitie, for
Robert Bassett sent and had wine two or throe times, he said
he knew not that Kobert Basset had any but vpon M. Good-
yers ace", but was told yes for be sent his money for it. Ho
said he left himselfe w'h tlie court, hut because Mr. Goodyere,
whoe is somewhat concerned in the thing, is not now in court,
it was respited.
The court declared themselues that Jn" Herriman paye his
fine of 5" laid vpon him before by this court for not bringing
his armes to y" meeting one Lords day.
John Walker, Jn° Harriman, "William Andrewes, Ohristi-
pher Todd, Mr. Goodanhouse, Mr. Evano, Mr. "Westerhousen,
)yGoo»^lc
430 NEW HAVEN COLONY BECOEDS. [1648
Robert Hill, Samuell Willson, Mr. Attwattor, James ]
Thomas Whcelor, William Davis, M''^ Gregson, Mi-. Gilbert,
William Peclie, Richard Mansfeild & Edward Parker (18 in
all) each of them fined 12^ for not bringing their waights &
measures to be tryed vpon the day appoynted,
Samuell WUIson paaseth ouer to Thomas Powell his house,
home lott and barne, and all the commonadgo w'^h belonged
to him by buymg that house of Edward Wigelsworth, ■W'h was
all but a quarter pt, Wh he soidd to Jeremiah Whitnel before.
Samuell WiUson passetli ouer to James Bishop 6 ac^ of
land lying in the Yorkesheire quarter, betwixt the land of
Thomas PoweU and Thomas Wheeler.
Christipher Tood passeth ouer to John Tompson the house
& home lott, w'li all y« meddow & vpland he bo\ight of Mr.
Higginson, excepting 9 ac* in y« 3^ devission w*hin y« two
mile and the comonadge. The severaU pcells he passeth is 24
ac" in the necke,* 1 pec of meddow of 5 aC", be it more or
less, & 20 acfs in the 2^ devission.
Francis Browne passeth ouer to Henry Glover 10 ac* of
land at the plaines, lying betwixt the land of Ralph Dayton
& the common.
Edward Wiggelsworth ps^seth ouer to Christopher Todd
16J ac'" of meddow lying in y^ east meddow, on this side
the river, betwixt the meddow of Mr. Goodanhousen eastward,
& Thom : FugiU westward ; and 26 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 & 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 Mathcw Moulthrop 8^ ac^ of
vpland on y^ west sid.
Richard Beech passeth ouer to Mathew Moultljrop 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^ reare
* In tlie mareiii- " This 34 no' is pt of y' aiii devisioii & is but SJ mi as rals."
)yGoo»^lc
1648] NEW HAVEH COLONY EECOBDS. 431
to y^ river, a liighway through y^ meddow to y" north, Mathew
Molthrop on y^ south, Jf ac in Sollatarj Cove not laid out,
Mathew Moulthrop paeseth ouer to Henry Glover on ac' of
the same meddow.
Mathew Molthrop passeth ouer to Richard Oabonie his
house, home lott and harne, before the governer the 27*'' of
January 1648.
[229J Widdow Halbich delivered into the court an invento-
rie of the estate left by her husband, Arther Halbich, deceased,
amounting to 43' 14' lO*!, piised by Eogger Allen and Samu-
ell Whithead vpon oath, the Slf" of January 1648.
Widdow Tompson, the late wife of Anthony Tompsou, de-
ceased, being called to give in securitie for the portions given
to y" cliilldren by her hiisbands will, doth in court ingage the
house, land & whole estate left by him, for securitie.
William Basset whoe hath married the widdow of William
Ives deceased, beuig called to give in securitie for j" poi-tions
of tlie chilldren, according to the wiU 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 lie shall dispose of.
Francis Browne was complained of for absenc at a geiierall
court. He said he conceives it was aboute the feiy w«h oca^
sioned it, whervpon the court past it by.
Jn" 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 Russells was complained of for absenc at a gener-
erall court. He said he was at worke at y^ sliipp, vpon wh
ground ho was freed, by a generall courts order.
Mr. Leete & Mr. Jordan, atturneyes for y« towne of Guil-
ford, informed the court that allmost a yeere agoe ther was a
sentenc past hi this court against Mr. Jn" Oefinch, for a soihe
of money due to y^ towne of Guilford for certayne rates, w=h
some hath bine sine severall times demanded, but Mr, Oefinch
refussetli to payo, whervpon the proceedings of that court was
reade, wherin it appeared that Mr. Ccfinch for want of proofe
was cast in his suit, but now saith that he can prove that that
)yGoo»^lc
432 NEW HAVEN COLONY EEC0BD8. [1648
order made at Guilford, (mentioned in y^ former eourt,) was,
that if any wont away, his accomodations should he left in the
townes hand to paye all rates, and for that purpose produced
a letter from Henry Goldham of Guilford, wlioe testifyetli
therin that the order was that if any man was called to re-
move out of the towne, not disposing of liis accomodations, it
should remaine in the plantations hand to y* payemonfof all
i-ates in generall, till the owner dispose of it other wayes.
Further Mr. Cefmch saith he hath other proofe, hut produceth
none.
Mr. Leete & Mr. Jordan replyed that it was not so, hut
onely for ministers mayntainanc & that they can prove abund-
antly by tlie planters in the towne whoe did make the order,
none w'hout two or three desenting, wherof Mr. Oefinch was
one. And the ocasion of that meeting makes it appeare, w\\
was not aboute towno rates but ministers maintaynanc, for it
was when Mr. Higginson was Tpon comeing to Guilford, he
desired to know what certainty he should be at for his main-
taynanc, and desired the towne might meete & consider of it,
so they did, and after men had vnderwritten what they would
give, it was propounded how this they had vnderwritten should
bo paide, in ease any did remove out of tlie plantation. Mr.
Leete answered for his pt he was willing, in case he did
remove out of the towne, to leave his accomodations vuder
the power of the place to make vse of as they shall see cause,
to secure that wh he had vnderwritten; and after, the towne
generally spake that they was willing to doe so. Mr. Coiinch
objected that the order was not penned in y^ meeting. Mr.
Leete answered that it is longe agoe & he cannot fully saye it
was, but the issue and result of the meeting -was drawne vp
and the plantation acquainted w'h it afterward and approved
it. Mr. Caiineh was told that for want of proofe he was oast
in the last court and had warning to provide it against this
court, & yett it is not done, therfore the court agi'ced &
ordred as before, that Mr. Cefinch paye to the towne of Guil-
ford the rates that appeare to be justly due to them, & that
he paye 20^ for charges w=h the plantiffe hath bine at in fol-
lowing the suit.
)yGoo»^lc
1648] NGW HAYEN COLONY EEC0ED9. 433
Henry Bisliop was called, to know whether he had jiot dis-
posed of some pt of the come w=li was ingadgod to Mr. Dav-
enport by the court of magistrats, he said when he had
threshed about 20 bushells of lye he came for sackes to bring
it home but could not haue tliem, wherby he suffered much
loss, for the farmers boggs & heniis got into y« barne & made
gi'eat spoyle of it. But he was told if the farmers haiie done
him wrong they must answer it, but Mr. Davenport, thoughe
he hath bine willing to provide what aackea 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^ S<^ due to Mr. Davenport
from Hen : Bishop vpon ace"' for come, w^h Mr. Davenport
requireth in come according to his covenant, but Hen : Bish-
ope refuseth.
Henry Bishop saith that he had oSered wampome and that
was refused, after he was to paye in cafle & Mr. Crane and
Goodman Milles came to his house to prise a steere for it, but
they agreed not in y^ price, then tliey questioned him aboute
two calues if he was willmg to part w^li them, he said he was,
but Mr. Crane for Mr. Davenport was willing if he brought
good wampome in three weekos it should be accepted, if not,
y" he was to have the calues, Mr. Crane replyed it was not
so ; it is tr\iQ 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 certayne catle to Fairfeild to wintering, w=h stood
ingadged to Mr. Davenport, out of favour to Hen : Bishop he
was willmg the two calues should stand as ingadged to Mr.
Davenport for securitie, but Henry Bishop failing in bringing
the wampom to this day, & now the neeessites of Mr. Daven-
ports family requiring it, he demandeth it in come, 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 stoeke of catle & out of the corne, <& of SI' : 4 : S'^,
55
)yGoo»^lc
484 NEW HAVEN COLONY KECOEDS. [Ifl48
(twelue pounds of W^h was for coriie,) Mr. Davenport hatli
taken 16;, 10= in catle and requires the rest in corne, Wli he
conceives is a great favour to tlie farmer.
[2S0] Richard Milles saith that the two calues was to stand
ingadged for securitie, hut was not prised to aatisfye the
debte.
Henry Bishop was asked if ho had any witncs, he produced
his brother James Bishop, whoe saith that he app-'hended if
his brotlier pd not the wampome in y= time appointed, that
tlien the calues was to goe for satisfaction so farr as they
would reach, but he could not take oath of it. Hen. Bishop
was asked if he had any other proofe, he said no. The court,
because 3 of the deputies was some 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 Whithead
tooke it awaye & brought it not againe, but broke it, wherby
he was damnifyed. John Moss saith it is true they tooke 'tlie
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 had done w'h it they might have it ; they inquired and Mr.
Gilbert had done w^^h it, so as they was goeing vp the river w^h
tlie lighter, Isacke Whithead knowing wher Aliens cannow
laye, went to fetch it, and when he came to the place ther wi^
two, and it being in the night, and darke, raistooke, & did
take the wronge cannow ; so when mornuig came they saw
they had mistaken ; tlie wind blew pretty fresh, & the cannow
wth sharing 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, resohiing to paye
for it, and hearing it was James E-iissells, spake w'h him and
offered him satisfaction ; he required that the cannow should
be made as good as she was, and they did mend her, but after
vnderstanding that Hen : Bishop had hired the cannow, they
spake wUi him and offered to paye for the cannow & allso for
what damadge he had suffered, but he wo\ild not accept it,
but saad he would hauo it in y^ court, & yesterday, after he
)yGoo»^lc
1648] NEW HAVEN COLONY BECOEDS. 435
was -warned to ;"= court, Isacke & ho tooke Tiiomas Moekea and
weut to Henry Bishop and offered him as much, but he
demanded 3'' 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 testifyeth that he heard Jn" Moss and Isacke
Whithead offer Henry Bishop to satiafye Mr. Hussell for tlie
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 wonld have it to tlie
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 wills they tooke it, the law of God
requires no more in higher cases, even iu case of blood, if the
will be not iu 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 bearc the
charge of the court Iiimselfe.
Peeter Mallery and his wife was called before the court &
was cliarged w'h the sinn of vncleanness or fornication, a siiiu
w=h they was told shutts out of the kingdome of heaven, w'!!-
out repentanc, and a sinn w^h laycs tliem open to shame and
puuishment in this court. It is that wh the Holy Ghost
brands w^h the name of folly, it is that wheriu men show
their 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 meete to punish by fine and not by corporal] punishment,
and therfore ordred that they paye 5' as a fine to the towns,
and that they be imprisoned during the coui'ts pleasure, &
that they be brought forth to the place of correction that they
maye be 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 coi-rection was laide
)yGoo»^lc
436 NEW HAVEN COLONY BECORDS. [1648
Mr. Crane haucing had au attachment vpon y corno &.
catle of Francis Hall to the vallew of 24', declared in court
tliat 18' of it was duevpon acco* by arbitration, and 40' was
due to Jn" Whithead his seryant, ^'■\\ was ordred by this
com-t for Fran : Hall to paye, w'-h is 20', the other is for secu-
ritie till Francis Hall have done sundry repaires vpon the
farme, aboute houses and fences, & cut and made some haye
w"h he hath ingadged liimselfe to doe nest haye time, ther-
fore desired tliat some might be appohited by the court to
prise the cafcle for his satisfaction. Francis Hall desired it might
be forborne till he had threshed out his come, and what he
makes not paye of then to his satisfaction, in coriie or porke,
or other good paye, he is content it should goe this wayo. It
wi« propounded to Mi-. Crane & Fraucis Hall if they were
both willing that the catle should be prised to the vallew of
20', and if in a mouthes time Francis Hall doe paye in corue
or wampom or porke Wli is currant & merchantable, such as
maye he pd to oUier 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 be cleared. And they both declared tliemselues wil-
ling, and the court appoyuted Eichard Millea & Francis New-
man to prise the catle & 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 agaiiie.
John Livermore, Hen; Gibbons, & M"' Botherford, Addam
Nickholes, the Yorkesheire quarter & divei"s w^h rent ground
in Mr. Evane his lott,were fined for neglect of ther fences, but
it was remitted by the generall court afterwards.
Mr. Crane and Francis Newman were desired to call some
workemen to them, and they together to view Robert Parsons
house what repaires it wants to make it tennantable, and what
it is worth a yeere to lett, that William Pecke, if they can
agree, maye hire it, the repaii'cs being pd out of the rent.
Mr. Evane beuig called to answer concerning Thomas Fu-
gills lott, whose fenc is downe, answered tliat he had nothing
to doe w*h it in that kind, for Mr. Oockerill gave Mr. Leach a
)yGoo»^lc
1648J NEW HAVEN COLONY RECORDS. " 437
letter of attunicy to receive it into his hand, &, lie bath deliv-
ered it vp, wrigiitings and all, to him.
[231] I|Mr. Pell was warned to tliis court & Mr. Powell
appeared for him, and said that his vrgent ocasions fell'out so
that he could not appeare himselfe, but he siibmitts to the
court. He was told that this cariage hath bine fuU of highe
contempt, (on Mr. Pells pt,) against the court, Wh he must
answer. For he hath neither brought in his line nor appeared,
thouglie he hath bhie warned to doe it.
Richard Mansfeild, John Tompson, Ajidrew 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 Jii" Oooppr informes.
They auswerfd that it wis a midle fenc, & some of tho quai"-
ter was in dcmuri foi some time wheither to haue it main-
tayned or taken awayo, ^pon wh consideration the coui't
ordered that they piye bnt 12'^ a post for y^ whole time past-
John Mtjggb desued the court to forbeare his two fines of
20^ apocQ lie hath binp fiiied by this court. The court told
hime they would give limi 6 monthes time if he could put in
securitic
James Till allso bung warned to show cause why he pd not
his fine of 40= laid vpoii him for sundry miacarriadges, specially
for contempt of the court, desired the court to forbearo it sis
monthes. He was^ told if he put in securitie it should, elc the
marshall must attach for it, but for seciiritie Jn" Tompson
ingadgeth himselfe for 45' to see it pd in tliat time ; the five
shillings is for another fine now laid vpon Janies for leauiiig
open a length of rayles into a come feild.
An inventorie of tlie estate of Lawranc Watts* deceased was
* " An Inventory of fchu giwdea of LaHTimce Watts taken and iipprised the 31''' of
January, 1644."
A aebt of Addam Nioklioles £0, 4, a debte of Spoilt Bocltlyaa £0, 2.
Debha pd for him out of this eatate. To Thorn Gregson £0, 11, G. To John Dil-
lingham £i, la, 6. To Goodman Hitohoooke £0, 4. To Lxike Atkinson, £0, 16, T.
To Gortrtmiia Bndd £0, 10. To AUeu Ball £0, 2, 6,
Goodman Tharp had of theiis goods £0, 5, 6. Goodman Kimberly, Browne &
Tharp had of thejse goods £2, 6, 1. The rest which £1, H, 3,— 33'* was lost in
the goods ; the rest which is 28" i'i, I am to paye. Thomas Gregson.
)yGoo»^lc
438 NEW HAVEN COLONY KECOEDS. [1C48
p'sented ill court, amounting to ^ ynder the hand of
Mr. Tlioraas G-vegson.
Edmund Tooly wlioe layes somo claime to y^ estate, p''sented
Samuell Hodgkinea for a ■witnes, wJioe testifyes tliat he heard
Lawraiic Watts saye that if Edmund Tooly caned bimselfe
well, he thought to leave what estate he had w'h him, if y"
Lord toofce him awaye before Edmund.
Mr. Theophilus Eaton one behalfe of his brother Mr. Sam-
uell Eaton, passeth oner to Francis Newman the houses, home
lote w'h all accomodations & fences belonging to it w=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 miglit be remitted, for
tlioughe 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.
A OooKT HELn AT Nbwhaubn the 6t'' OP March, 1648.
Mr. Oranc and Erancis 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 repaires,
but tiiinke that a yeers rent maye make it tennantable for a
while ; they thinke the rent maye be 50= a yeere. William
Pecke whoe was to hire it said it was too deare, but yett was
willing to talte it & did, vpon condition that he repaire it o\it
of y^ rent, & keepe ace"', that if he 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 tlie estate, they will then consider of it
againe,
William Andrewes was desired to joyne w'h Thorn: Mun-
son & Jervice Boykine to prise the house and lott of Robert
Preston.
Debts owiDg to Lawmiice Watts. George WHrd £1, li, 6. EJmunJ Tooly X2,
19, a. Gioodmaii Bootli, Mr. Fugill, Mr. IJng £0, 2, 6. Goodman Mansfield, Good-
man Chapman £% i.
" Mr. Evance had tto originaJl inventory and saJtli he cannot finde it."
)yGoo»^lc
1648] NEW HAVEN COLONY RECORDS. 439
Mary Preston widdow delivered into the court the will and
inventorie of John Hunter deceased;* the ■wUl made the 15'ii
of Maye, 1648, witnessed by his owne hand and seale, and
Ezekiel Chever and Itobert Pigg ; the inyentorie amounting to
16' : 04' : 08^, prised by Thomas Munson & Thom: Kimberly
vpoa oath for y^ valew of y*^ goods, and hj y^ oath of Mary
Preeton y^ executrix for y« qvianteite.f
Mr, Newmans quarters was fined 20^ for not markeing
their fences in time, but after remitted by y^ generall court.
Mr. Leach 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, Wh it seemes for want of full
proofc could not then be issued. The proceedings of that
former court were read, and Mr. Leach now delivered into y^
court a blE vnder Robert Pai-sons hand, whei-in it appeareth
that Robert Parsons received of Mr. Leach goods to tlie vallew
of 61' to cai'ie to the Barbadoes & sell & to returne halfc 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 tliat 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 8i worth of this
goods, as a handkercher, cuffe & brcst 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 Hnnter, made May 16, 1648.
Ho gives to Siirali, wife of William Meaker, twenty shillings ; to Peter Mallory, Ilia
best .jacket; all tJio rest of his estate to Mary Preston, widdow, late wife of Wiliiani
Presion, daoeased, and makes her sole exeonti-ix. " Sealed and declared to be the last
will and testament of John Hnnter, In th^ presence of Ezekiel Cheever, Robert Pigg.
Lirentory taken by Thomas Mnuson and Thomns Kimberly; nmount, i£19, 11, 1.
Estate Dr. to Mr. Peirse 10=, to Matbew Gnnnill 3=, to Eiohard Beckly 8", to Mr. Fell
£1, ohni^es in his sickness, ooffln and baryiiig ^61, to Thom. Powell £0, 1, 4, Co Adam
Nickhola^O, 1,3, ioIMohardMansfoild^O.l, 2, to Ml'. Goodanhoase 3'.
t In the margin. "EzekioU Chever and Ro ; Pig tooke oa,th yo 4iii Septem. 1640,
that y" will now pliHiitod isy' last will anii testlunentof Jii'Hnntei-."
,Gooi^lc
440 KEW HAVEN COLONY BECOBDS. [1648
a good dcale, bo that if that be rated at 5', he hath his priiici-
pall alh-eadie, all but 3= : 4^^.
The court considered the case, as it hath bine p'^sented to
them now and before, & ordred that Mi-, Leach haue out of
Robert Parsons estate 5', w'^h he pd for fraight of the woole,
and allso the charges of the com-t, and if he can heareafter
prove that Parsons sold the handkercher, cuffe, & brest pece,
for more then 5', it should be made good out of Eo: Parsons
estate. Mr. Leach moved for execution, but the court was not
willing to grant it so sudcnly, but told him y^ estate shoiild
not bo disposed of to his loss.
Thomas FugiU, as appeares hj a noate vnder his hand,
passeth ouer to Prancis HaU 7 ac^ & a lialfe of laud, lying
w'hout side of the Yorkesheire quarter, next the West River,
the meddow being on y^ on side of it.
Prancis Hall passeth ouer to Jn" Meggs the same 7 ac'^ & a
halfe of land, be it more or less.
Mr. Crane haueing before the last court had an attachment
vpon ye cornc and catle of Francis Hall for a debt of 24', wher-
of 21' : 1 : ll"! appeared then cleare to y^ court, for w^h catle
was prised by men appointed, and is now condemned in court,
ouely Prancis Hall excepts against 6* in Jn" Knights ace"',
w«h Mr. Crane promiseth to allow backe, and the rest of the
attachment stands till other differences be cleared betwixt
them.
[232] II Mr. Goodyere declared to the court that that wh
Jn" Herriman was questioned for last court, in drawing wi]ie
w'hoiit order, was occasioned by him, for when the ship car-
penters came from the Baye to worke vpon the shipp, they
required wine to ther diet, w«li he was faine to pvide at his
greate charge. Towards the latter end of ther being ther,
William Andrcwcs prest to leave the ordinary, and proposi-
tions was made to Jn" Herriman in the court to keepe it, and
then William Andrewes being w'hout wine, some did come to
Jn° Herrimans & prest to haue some, pleading necessitie, vpon
w«h he spake to the governor, telling him how people pressed
for wine for ther necessitie, he said why doth he not lett them
have it, intending to have him take vpon him the ordinary &
)yGoo»^lc
1848] NEW HAVEN COLONY EEC0ED3. 441
SO lett them haue it in an orderly waye, but ho vnderstood it
not so, but that was his error, for he told them what the gov-
ernor said, and after they did lett some folkes haue some, but
for any disorder, he liopes none can saye thcr was any.
Tho gouorner said that it is a breach of order is eleare, and
for his pt, he neuer intended any thing but that lie should lett
people haue wine orderly, but for any disorder he heaxd of
The court considering that it is a breach of order & tliat for
w''h others haue bine fined, could not pass it by, but ordred
that Mr. Goodyero paye to the towne as a fine fo this breach
of order 40^
William Basset was complained of for absenc at two gen-
eral! courts, he said for the one, he was keeping cowes, for the
other, his wife was not well & he was faine to staye w'h her.
For both the court past it w^hout a fine, but ordred him to
paye a fine of 2^ : 6'i, laid by this court for not bringing his
armes to meeting one Lords day.
Mr. Leach declaroth that he sold to Mr. Joshua Atwater in
July last, goods to the vallew of 20', to bo paide in good wam-
pome, w^li Mr. Atwater hath not yett done, therfore desires
tlie justice of this court.
Mr. Atwater answered that it is true, he bought 20' worth of
goods of Mr. Leach, and promised to payc him in good wam-
pome, and propounded 6 monethes time, but intended to paye
in three, and when he went into the Baye in August, he mett
Mr. Leach as he was goeing aboard and told him that so soone
as he returned frome the Baye he would paye hime, against w^h
he objected not but seemed to be satisfyed, and so soone as he
came home lie applyed himselfe to it, but Mr. Leach was not
at home, but in y* meane time Mi-. Gilbert, Mr. Powell & Jn"
Walker came to him for severall goods, Mr. Powell 4 or 5'
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
)yGoo»^lc
442 NEW HAVEN COLONY RECORDS. [1648
take it so aad save a telling y^ wampom, but lie refussed and
said he would paye his owne debts and he should paye his, so
he returned to them agaiue aud told them how it was, at wh
they marveled and after demanded ther wanipome of M,
Leach, w^h was not all pd till w^hin this tenn dayes. And as
they received it in paprs readie told tl)ey brought it to him &
so he carried it to Mr. Leach p'sently, but he refnssed to
receive it. Now this he conceives is not just, that he should
paye y' for good wamppome W^h he will not receive for good
wamppome againe, when as the partyes told hirae that tliey was
to paye it him y^ sd M, Atwater, & that he would bring it to
him againe. And Mr. Gilbert, Mr. Powell & Jn" Walker
offered to take oath that y« wamppone they received of Mr.
Leach tliey carried to Mr. Attwater, and Mr. Attwater offered
to take oathe that the wampome he received of them he carried
to Mr. Leach & he refussed it, but M, Leach desired it not,
but said he was satisfyed w'hout oath.
Mr. Leach replyed, he gave not 6 monethes time nor three
monethes neither for payement, but his paye was due pf sently,
yett did not stand vpon it for 5 or 6 weekes tune, therfore he
conceives he should haue damadge for being w'hout his money
so longe.
The court told Mr, Leach tiiat till Mr. Attwater returned
from the Baye he was willing to staye, (he said he had rather
haue had it,) and if he demands damadge since, by the. same
reason they wh he owed it too maye require damadge of him,
& it is but 4 months time at most. Mr. Atwater said he had
offered Mr. Leach his paye & what just damadge he could
reqxiire, & M''^ Pell could testifye it.
Both ptyes liaveing spoken what they desired, tlie court
proceeded to sentenc, & ordered y' seeing Mr. Leach pd the
wamppome for good, he should so receive it againe, and that
Mr. Attwater paye Mr. Leach for damadge for 20' for 4
monthes, after 10' in the 100', Wh is 13« ; 4^, and the charges
of the court, vnless he can prove that he offered just damadge
before, & then Mi\ Leach is to beare 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
hirae for a paire of shooes & had them, and promised liim a
)yGoo»^lc
1648] NEW HAVEN COLO^"Y RECORDS. 443
buslieil of come w^h Richard Webb owed him, he required a
noate Tiider Richard Webbs hand, Daniell brought him one &
told him the come was at mill, so he sent for it and had it ; the
day after Richard Webb came to him to linow by what right
lie 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 lie could. Further Jn° Meggs saith that Daniell hath writt
3 or 4 severall bills for this corne w^h was p''sented & showne
iu court.
Daniell said he had a noate of Richard Webb to fetch a
bushell of come at mill, w<^h bushell of meale he gave to
Goodwife Allen & the noate to fetch it, but she could not gett
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 liim, and sent Goodwife Allen word sho
could not haue the corne, b^lt was told that it was not in bis
power to dispose of, baueing given it awaye ; and it is true she
gave him yt' 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 viitnie & vnjust charges.
[233] ]| The court considered the case as it hath bine
pi'sented to them, & thoughe they see a stronge appearane of a
cheating cousening carriage in DanieU Turner, yett 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
hee paye as a fine to ye towne twenty shillings, and S' to Jn"
Megs for costs & charges, & 3^ wh 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
)yGoo»^lc
444 NEW HAVEN COLONY EECORDS. [1648
Jeremiah Judson of Stratford became suretie for the payement
of it all, w-^h is 34^
Jn" Livermore, widdow Tompson, Mr. Jcanes, Mr. Cefinch,
Jii" Walker, WiUiam Holt, Jn- Wakefeild, "William Gibbons,
Jeremiah How, was complained of for ther fenc being downe,
they was all ordered to mend y™ vp & paye to Jn" Cooppr
what is due to him, & for ye fines to y« towne the court respite
that.
William Jeanes passeth oner to Jti^ Meggs, his house &
home lott, lying at the comer ouer against Mr. Gregsons, be-
twixt the house lott of John Eudd & tlie highewaye.
Mr. Goodyere being called by the court to give in securitie
for the portions of his wiues chiUdren, desired libbertie till the
next court, w^h was granted.
Allen BaUe was warned to the court aboute Thomas Fugills
fenc & rates, for Mr. Leach whoe had a letter of atturney from
Mr, Cockerill would not medle w'h it, as appeared by a note
vnder his hand now p'sented in court. It was propounded to
Allen Ball if he would not be willing to take the honse and
land & improve tliom for defraying charges of rates and fenc-
ings; he said that the house was vncomfortable to live in be-
cause of the cliimney and tlie sellar is falling downe, that
workemen saye it will cost 20' to sett it in repaire, therfore he
thinkes it is the best way to take downe the ptitions w*hin &
make a barne of it, & if ther be cause, it maye be removed of
the sellar. For the land he is willing vpon equall termes as
things goe, to take some of it. The court desired Mr. Wake-
man & Richard Milles to call in William Andrewes and Jervic
Boykine, & view and consider of the house, what had best to be
done w*h it, and that they consider of the land what rent it
may yeild, as things are ordinarily lett, that so both house
and land if it may be, may be disposed of.
Mr. Crane & Jn" Oooppr were allso desired to view & con-
sider of Jeremiah Dicksons lott, and if it maye be, lett it out
for paycing rates & vpholding fences.
)yGoo»^lc
1648] NEW HAVEN COLONY BECOBDS. 445
A Geneeall Court the 10"' op March, 1648.
The Gouerner acquainted the court that he heares ther is
great remisnes & neglect in setting vp fences according to the
order made in Nouemher last, so that Jn° Cooppr wh tliey
appointed to view fences hath done it, hut w^hout any success
that is considerable, & so it will be vuless ther be some stricter
order made, wlierby the iines laid by the pticuler court raaye
J)e pd w'hout delaye, and that Jn" Cooppr maye be surely pd
for his time of warning men of ther fences, & for his attendaiic
at the court, for men make excuses & so necesarily occasion
Ms being ther.
The court considered of what was propounded, as allso of
what orders they formerly made, botli concerning swine and
fences, and sec no cause at p^'sent to alter them, but to eon-
tirme thom w^h this addition, that when catle are found in
corne or elcwher, doeing damadge, the owner of tlie catle shall
paye both poundage & daraadge, 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 tliat first defective
fenc to search out for more if ther be any, wh is all to beare
pt, equally alike.
It was propounded whcither the court wonld not remitt the
fines w"h have bine laid vpon psons whoso fenc hath fallen
downe this winter & so could not be sett vp againo because
of the frost, and allso the fines for not markeing fences. The
court considered it and ordrcd that what fines have bine laid
vpon any man for his fenc being 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 tliat
just damadge be pd to tliem that have suffered by it, and that
Jn" Cooppr be duely pd what is his right to have, and that
from this day the order be strictly attended, both in markeuig
& 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, ho must looke for no more warning, but
that then execution p'sently goe forth to seaze pt of his estate
)yGoo»^lc
446 NEW H4VEN COLONY BIECOKDS. [1648
for it ; and for what belongs to Jii" Cooppr, either for pound-
age or warning about fences, if it be not pd at first demand,
or before the next court following, that then the marshall
wai-ne them to the court, & to have 4'^ for warning y™, w=h is
to goe, S"! to Jn" Cooppr & 2^ to himselfe, and that the court
increase the some to Ju" Ooopprs advantage as tboy shall
judge meete, and thoiiglie they should paye the marshall
when he goes to warne them, yett they must paye the 4'^ for
warning because they delayed so longe.
It is ordred that for what blacke birds Jn" Brocket or others
kiU, he or they applying themselues tlierto, shall receive from
the treasurer after y^ rate of 10^ a thousand.
It is ordred that whosoever shall seU nailesin this towne sliall
sell six score to y« hundred.
The order made at the jurisdiction geucrall court for
markeing catle was reade.
It is ordered that whatsoouer diy catle, as oxen, steeres, or
yoimger catle, shall be found w'hiii the cowes walke, or
amoimge the beards, the owner of them shall paye 3^ a head
to him y' pounds them, or complaines to the owner of them, or
briugeth them homo.
[234] II William Andrewes, Jn.° Cooppr, Ricliard Beckly,
Nathaniel Merriman & Isacke Whithead desired that they
might haue some land & meddowe to sett vp farmes one the
east side, next the sea, beyond the Cove River. Mr. Crane
and the farmers ther objected against it, whervpon tlie court
appointed Loivtennant Seely, Henry Lendall & Francis New-
man, as a comittee to view and consider wheither it would
prejudice the farmes ther allreadie or no, & so to make re-
port to the coiirt, & if any of the farmers will goe to make
ther objections they maye.
It was ordred that the pec of meddowe on y« further side
of y« necke bridge towards the sea, should be for the ordinary
to put in strangers horses in the summer, Jn" Herriman, whoe
now keepes the ordinary, fencing it at his owne charge, and
that a pec of meddow lying by the blacke rockc, next Leiv-
tennant Seelys meddow, being supposed to be 6 or 7 ac^,
should be for the ordinary to provide hayo for strangers horses
in winter, and this to stand till the court see cause to alter it,
)yGoo»^lc
1648] NEW HAVm COLONY RECORDS. 44T
& if any horses doe staye longe, as 4 or 5 dayes, or a weeke
OF more, he hath hbhertie to put them in the necke, provided
he put none in hut strangers horses.
The towne was desired to see that tliey he provided w^li
ladders accordmg to the order, and that theykeepe tlior 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 ypheld,
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 then doth defraye
publique charges, it doe retume to the owner of them.
It is ordred that the planters against the banke side to sea-
ward shall haue 4 rodd of ground the breadth of ther lotts back-
ward into oystershellfeild, because the sea & water washeth
downe y" banke that ther is no good highe waye, & then accor-
ding to an order ailready in force, tliey must maintayne a good
highe waye at the front of ther lotts next the sea.
It is ordered that a place bo left for sliooting at a marke in
oystershell feild, vpon that 7 ac Mr. Gilbert had, -wh mayo
be y most fitt for that vse.
The Gouerner acquainted the court that tlie comittee tliey
appointed for oystershellfeild haue disposed of it for 7 yeeres
more, for three shillings an ae^, 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, & tliat tlien the last veers rent be pd to the
towne allso, & that such fenc as they make, they leave it stand-
ing at y« end of ther time.
Livteniiant Scely was desired to take care that the watches
might be made vp.
It is ordred that all men that vse meaeures w'h strikes,
)yGoo»^lc
448 NEW HAVBK COLONV RECORDS. [1648
shall gitt strikes well made, and y^ next time measures Ije
Tiewed they shall bringe their strikes to he viewed and sealed
also, & so from time to time, viider 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, whose estates are sunke and they not able to paye as
they did, & divers psona whoe had land for their heads, whose
estates are smalle, yett paye great rates, & others whose estates
are increased, haveing but litle land paye but a small matter
to publique charges. Divers others iu the court concurred
w'li him, whervpon the court chose a comittce 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 Boykin, Mr, Ling, Mr. Tuttill, Mathew 0am-
feild, Francis Browne.
Leivtennant Seely and Jn" Brockett informed the court tliat
ther is of that meddowc Mathew Camfeild desires, on y«
other side the West River by y""- oyster banke, about 4 ac*
veiy badd and boggy, & they thinke the towne may grant it
Mm w^lio^it hurt to themselues, vpon w*^h report the court
granted it to him.
John Moss propounded for 6 ac* of meddow at Oyster
River. Richard Osborne & Gfeo : Smith propounded for some
, ther allso, but it was reffered to the viewers wh are appointed to
view some theu- allready, viz'' Leivtennant Seely & Jn" Brockett.
It was ordered that all men w'^h allinate lands in this plan-
tation, shall come to the secretary before the court, & bring a
note vnder the hand of buyer and seller of the quantity of the
land, w'h the bounds of it, that the secrctarie maye search
the booke to see wheither such lands be in the sellers power
to dispose of.
It is ordered that the gouenier haue three men beside Jn"
Thomas to goe w'h him to Stamford, & they to be pd by y^
jurisdiction treasurer, his journey being vpon y= jurisdiction
occasions.
)yGoo»^lc
I649j NEW HA YEN COLONY RECORDS.
A Court held at Newhauek the 3"' op Apeill 1649,
Mr. Goodyeare propounded to tlic court to knowo what secu-
ritie they did require of him for j^ portions of his wives chill-
dren, for he was willing tliat the securitie should be oiit of the
estate ; the court declared themselucs that they was willing to
accept of y« fixed estate for Beeuritic so farr as tlier part goeth,
the house & fences being kept in due repaire, and so much of y«
moveable estate as to make it sufficient securitie, wh moveable
estate should be determined of, that if any of it comes to he
disposed of, other estate as good maye bee put in ye roomc,
and that wheras ther was 50' in the sliipp Fellowship put into
ya inventorie & vallewed at 50' w=h now comes to be worth
but 15^, the cMUdren must beare ther pait of the loss in pro-
portion.
[235] ||WiIliam Andrewes junio'was called to answer to a
miscarriago of his by drunkenness Wli 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 Robert Martin,
master of the Susan, a vessel! wherin William Andrewes hath
gone some voya^s sine, testifyeth that he can vpon his oath
saye that for ought he hath seene sine or heard by others, Wil-
liam Andrewes cariage hath bine well & according to the rules
of sobrietie, and Mr. Evane 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
themselucs by way of sentenc, that, vpon the testimoney given,
they remitt the eorpporail punishment he then deserved, and
wheras 5' was deposited as a fine laid vpon him for which Mr.
Evanc was siiertio, 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 wore 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
5T
)yGoo»^lc
450 NEW HAYEN COLONY EBCORDS. [1649
haue done to keeps catle out of the come ; therfove the court
ordered that the generall coui-ts order he attended in ther
payeing 12'* a post for those that be downo, w^h is 20 post as
Jn" Coppr saith, & tliat the viewer bo pd wliat is his due, &
■what clamadge beside liath come by it if it be required, &
Andrew Low is further fined 12'' a post for 12 post that hath
bine downe longer, betwixt the two quarters.
Andrew Low informed the court that he was willing to pai't
wUi the land the towne gaue him & Thomas "Wheeler was wil-
ling to accept it. Thomas Wheeler sd he was willing to take
it, that is that Wh was given Andrew Low at the first, & that
6 ac* he after had of Philhp Leekes, w'h 2 rq^^ of meddow &
9 ac^ of vpland on j^ other sid the East River out of the
elders lott, & he vndertooke to mend vp the fenc, paye rates &
to beare tlie damadges w=h lyes vpon it in regard of its being
burnt and not sett vp.
Joseph Allsop informed the court that he desired to leave
the 6 aC' of land tlie towne gaue him and Christopher Todd
was willing to have it, as he said himsehe in y^ court, and the
court was willing he should, oncly reserved libbertie to
acquainte the comittee w'h it, whoe as they conceived would
grant y« thing.
Mr. Leacli desired that the sviit depending betwixt Phillip
Galpin & himselfo concerning NathanicU Drapprs wages, might
be issued, wbervpon Phillip Gallpin p'sented in court the tes-
timoney of Henry Botherford & Michaell Taintor vpon oath,
as foli,
Henry Rotherford testityeth vpon oath, talcen before the
gouerner at Newhaven the 1^^ of January, 1648, that he being
at Goodwife Tillsons house in Vergenia, last yeare, and speak-
ing to her aboute Nathaniel] Drappr, asked her how long he
lived after he was caried ashore, she said he dyed the next day
at night, before day he was dead. He asked what he spake
concerning his meanes, she said that he gave her his beavor
that he had, & for his wages he gave that to Mr. Sellicke, but
it did appeare by her words to be vpon this ground, Mr. Sel-
licke comeing to vissit tiim told him that he would speake to
a surgion to come to looke to him, but Mr. Sellicke said to
Nath, yow have made yo' will aUreadie & given awaye all yow
have & what shall I have to secure me. Nathaniell a
)yGoo»^lc
1649] NEW HAVEN COLONY RECORDS. 451
(as Goodwife Tillsoii said,) that he would give him his wages
to socm-ehim & the last will must stand. Fm-ther he asked her
if thsr was any will writt, she said none in p'senc of Nathan-
iell while he lived.
Henry Rotherford.
Michael! Tayntor testifyetli vpon oath, taken before y* gou-
erner at Newhaven, the 9''' of January 1648, that he being at
Vergenia when Nathaniel! Drapr dyed, went to Gwdwife
Tillsons house, & falling into speech w^h her concerning Na-
thaniel! Drapr, she said that he brought some beavor ashore
w'li him & some deares skines, w^h beavor and deare skmes
he gave to her, the said Goodwife Tillson, when lie dyed, w^h
was ye next night but one after he came ashore, & that he, j"
said Michael!, saw the beavor which was a pretty bigg bimdell.
Further this deponent saitli that Goodwife Tillson said that
Natlianiel! Drappr had made no wiU in wrighting sine he
came ashore, but that he expre^ied liimselfe by word of moxitli
& she was a witnes to it, that what Nathaniel! had he gave it
to Mr. Sellicke, but remembers not that lie heard her saye
anythinge of Nathaniells giveing his wages to Mr, Sellicke.
Michael! Taintor.
Mr. Leach allso presented in court the copie of an afidavit
of goodwife Tillsons, taken in Vergenia, wherin slie testifyeth
that Nathaniel! Drapr gave to Mr. Sellicke his wages, by vertue
wherof Mr. Leacli said Mr, Sellicke claimes the wages of him ;
this last will by word of moueth beuig 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. Eotherford
& Michaoll Taintor, but the will wherin it is given to Phillip
Galpin is written & witnessed by one not interested, viz^, Ar-
thur Branch.
[236] IJThe Gouerner informed the co\irt and told Mr. Leach
that the case is pei-plesed, for heare is but one witnes of either
side, & if any of Nathanicll kindcred should come to claime
the estate, it might cause a new trouble, & be questionable
wheither any of them should inioye it or no, but takeing tlie
case as it is, wheither a will by word of moueth, witnessed but by
one witnes wh is a ptye, hauoing a considei-able part of the
deceaseds estate, as appeares, (thoughe she mentionetli it not
)yGoo»^lc
452 NEW HAVEN COLONY UEC0BD8. [1649
in lier owne testiraoney,) shall ouertiirow a will written and
witnessed by one vpon oath w"h is not interested.
The conrt declared thcmselues that as the case stands, they
conceive that Phillip Galpin hath the best right to the wages,
& therfore order Mr. Leach to paye it to him, but with condi-
tion that Phillip give in securitie to Mr. Leach to beare him
hai'mleas against all future clajmes.
Mr. Leach desired that he might be paide that w^h tlie court
ordered him to have out of Robert Parsons estate. Mr. Attwa-
ter, to whome y« estate was comitted, was ordered to make vp
that acc"', that Mr. Leach might be paide at or before j" nest
court.
Jolm Ooopr informed the court tha.t ther is sundry catle
haue bine pounded, -w^h is to be paid by divers men whoe
owned the fence was then downe, a p''sented 3 notes, wherin
it appeared that tlier was 12 cowes & 5 horses to be paid by
Mr. Leaeh, Mr. Malbon & Thom: Kimberly & the q\iarter
gate ; & 29 cowes vpon Thom : Munson, Mr. Gilbert & Jere-
miah How ; & 25 cowes vpon Mi-. Malbon, Mr. Leach & y«
qrt' gate. The court ordred tliat the poundage be pd by these
men, it bemg equally devided, according to the generall courts
order, & what damadge is done they whoe haue received it
may require it beside.
Richard Piatt declareth that he sold a pcell of land to
Ralph Dayton, pt of his first devission, & all his second, & 4
ac""* of meddow, & 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,) be some prejudice to him, but said he would
take order w'h the treasiu'er to see y^ rates should be paide.
Ralph Dayton saitli that he acknowledges he bought the land
& 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. Malbons meddow and pt in Sollatarie
Cove, and the second devidcnt he thought might fall aboute ye
s penn, & produced Mr. Wakeman for a witnes, whoe
)yGoo»^lc
lti49J NEW HAVEK COLONY RECORDS. 453
saith that he cannot speake to y" bargaine, hut Goodman
Dayton spako to him asking him wher it was, showing therby
that Goodman Piatt did not detennine the place, but men-
tioned the sheppards penn, as if Goodman Piatt informed liirai
that it might fell ther.
The court told Goodman Dayton that it appeares by tliis
testimoney that he bought Gfoodman Platts interest in this
land, hopeing the 2'^ devident would fall aboute j^ sheparda
penn, for if he bought land w"li he knew was not laid out,
how could he iooke 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
ys land sold him by Kichard Piatt & haue it entred in the
court & paye rates for it to the towne.
Mr. Leach was fined 12'' for absenc at a general! court.
Henry Pecke, Robert Basset & Thomas Barnes was fined
each of them 5=, because they are not provided w'h each man
a ladder for his house, to stand by his chimny, thoughe they
haue had warning oft times in y'' generall court, & ptieulerly
by y^ marshal!.
Mr. Malbon, Mr. Pery, Ed. Wiggleswortli was allso w'hout
ladders & must answer it.
Edward Campe & Henry Bishop was allso complained of
for want of ladders, biit the court saw cause to pase it by, be-
cause Ed. Campe said he had one, but it was not in sight when
y« marshal! was ther, & Hen. Bishop hath lived at farme, &
hath hired a house for a litle while, & is now goeing fortlie- of
the towne.
Mr. Goodanhousen was called to put in securitie for the
portiones of his Wives cliilldren, but vpon his desire the court
gave liim iibbertie to consider of it till next court.
At a Oouet helde at NswHAtfEN THE piiKT OF Mayb 1649.
Mr. Evanc informed the court that their is some lands he hath
formerly passed ouer m this court to divers men whoe paye
rates for thom, yet he is not discharged of it In the treasurers
)yGoo»^lc
454 NEW HAYEN COLONY KEC0ED3. [1649
bookc. It was said some of the allinations was not cleare,
whcrvpoii search was made aud it was onely in 16^ ac'^ passed
to Anthony Tompson, w^hwaa sold to fouremen & eo should
have bine entred, w=h Mr. Evanc was desired to cleare before
the rates for that can bee altered, for y^ pest they are cleare &
must be charged accordingly,
Mr. Evanc passeth ouer to Mr. Goodyeare 110 ac'= of land,
wh is all the second devission W^h belonged to Mr. Trobridge
his lott, lying on y« west side.
Mr. Newmans and Mr. Oliefinches quarters was fined 5»
for letting the gate of their quartef lye downe and not keep-
ing it yp according to order.
[237] |] John Cooppr informed the court that he was ordered
by them the last court to receive of Mr, Malbons quarter 5= for
poundage of catle w=h came in at the quarter gate ; and suic
ther is 5= 4^ more for poundage of catle w"h cam in ther allso,
but he cannot get it, nor knowes he of whome to require it,
whervpon Mr. Gilbert and Mr. Crane were desired to take
some order to get the quarter to meete and setle some course
howc damadges may be paid when they come that waye, &
how Jn" Cooppr may be pd this 10' i^ due at p^sent, for the
court is vnwilling to take distresses, Wh they must doe if
they caimot prevent disorder otlier wayes,
Mr. John Cefinch and Samuell Cefinch were complained of
for their fenc being defective. , It was answered Mr. Cefinch is
not well, therfore not in court, but SamueU said Iiee had bine
carefull to keepe his vp and had taken order to haue h(me 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.
Jolm Cooppr was advised to view all the fences well, and
wher he sees them failing & not likely to keepe catle out of
the conie, 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
; ownetli, he said he knew no busines he had their
)yGoo»^lc
1649] NEW HATEN COLONY EEC0RD8. 466
& -would not come, but now confesetb it was his ignoraiic
and foolishnes, but was told it was his stubborne disorderly
spirit, wb be must be punished for.
Hoe was further charged w'h suspition of doeing some
worke aboute mending bis fenc vpon the Saboth day, w^li
appeared probable vpon tliis ground, fii'st by his telhng lyes,
saying to Thomas Wheeler senio' he had sett some of it vp
vpon the last day at night, w'^li was not true, as he now con-
fesetb, 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 feno when the %unn was bilfe an
houre highe, and Thomas Wbcelci afBnnes he came to lum &
said the worke was done on y^ second day mommg by that
time the sunn was two boures hi^h at mo-^t, and he conctives
that the worke done would tiko vp a man halie i day, and
Jn" Oooppr said three houres at least, so that it is piobable^
but not elearo, that pt of it was done vpon the Saboth, but tlie
court, leaving that, for bis Ijing and contempt ot tbt. court,
sentenced James Till to bee se^ erly whipped
Thoma.s Jeffery informed the touit that thci was "Dme
goodes taken vp by John GrifFen of Mi. Pell, foi y vse of the
boate wherin Jn° Griffen and himselfe were ptners, comeing to
54% and he pd his pt Wb was 16«, to Jn" GrifiFen, as his wife
can testifye, and Jn*" Griifen 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"
Griffen, by fraight of goods, 1' 11= lOi*, and the rest he
requires of Thomas Jeffery as the sui-vivinge man. It was
asked Thomas Joffery if ther was any tiling in wrighting to
make this appearo, be said he knew not, but ther was many
paprs & bookes w^^h maye be looked vpon, and tlie tre^urer
and secretarie were desired to search tliose bookes & paprs, to
see what they can find out aboute liis 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 wliich he was to talce awaye, and to
)yGoo»^lc
456 NEW HAVBN colony EBC0HD9. [1649
cleare it showed the award or arbitration betwixt John Budd
and himselfe, vuder tlie hand of Mr. William Wells and Thorn :
Mnnson, wherby it appeared he was to take away a bedsted in.
y leantooe of the said house and one in j^ chamber, & two
lockes, some bages of woole, & some hopp-roots & hoppooles,
but is tyed so to take these things away that he deface not the
freehold, and Richard Miles was desired to tell William Pecke,
whoe is now in y= house, that Mr. Pell hath libbertie to take
awaye these things, not defaceing the house, and if William
Pecke will buy tliem of Mr. Pell for his owne conveniency he
maye.
Mr. Pell was told he hath bine sundrye times wai'ned to tliis
■court aboute a fine laide vpon him by the court of magistrats
for y^ jurisdiction, but he hatli neither appeared at any
monthly court hear till tliis, nor brought his fine, nor sent it
hy Tliomas Powell whoe one appeared for him, and thoughe
at one court it was said he was w^hout, yett he made not his
appearanc before the court, and so from time to time hath bine
warned but hath not appeared, he was asked if he had now
brought his fines, he said no. The court required tiiat hee
now give his answer to these miscariages and contempts. Hee
desired that seeing the court of magistrats was so neare he
might have libbertie to give his answer tlien, w«h the court
granted, and wished him to take this as a sufficient warning
then & ther to make his appearanc, w'hout iayle.
John Bishop & Sam Ilodgkines were complained of for
sleeping in ther watch, but their occaisions being such as at
p^'sent they cannot be heare now, it was respited till the next
[238] A Geneeall Couet the 14"' op Maye 1649.
Samuel! Ceffinch and Joseph Pecke were admitted members
of this court, and received the freemans charge.
Mr. Crane and Francis Newman were chossen deputies for
y« next jurisdiction generall court.
Mr. Gibbard, Mr. Crane, Richard Miles and Francis New-
man were chosen deputies for y^ towne court of Newhaven
for y« yeare e
)yGoo»^lc
1649] NEW HAVEN COLONY HECORDS. 457
Mv. Gibbard was chosen treasxirei' for y^ tOM-ne of Newlia-
ven for y^ yeai-o ensuing.
Francis Newmaii was chossen secretarie ) for y^ yeere
Thomas Kimbcrly was chosen marshall ) . ensuing.
Tlie miliitary officers, w^li Mr. Gibbard & Mr. Atwater,
were desired & appoynted by y^ court to treate w'li y*' dnimer
about his druming and maintayning y towne dnimes, view-
ing them in what case tliey are, and reporte to the court how
they finde things.
Leivtennant Seely made a motion to y^ court that tliey
would be plei^ed to accept off" y" seiTice 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 otlier 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 soliary, yett leaves it to themselues to doe as
they shall see cause, proffessiug it is an affliction to him to
w*hdrawe from this societie, but their is a waye open for hini,
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-
al! court and bee propounded to them to see if they will doe any
thing in it, that he maye not goe out oif the jurisdiction.
It was ordred tliat Mr. Theophilus Eaton, gouerner, be for
ye tame to come freed from payeing his yearly rates to j"
towne.
It was ordred that Mr. Robert Newman, ruling elder, be for
the time to come, freed from payeing his yearly rates to the
towne.
The pticular court were chosen as a comittee to issue the
matter concerning seamen & ship carpenters, wheithcr they
should watch & trayne or noe.
The comittee formerly chosen to consider aboute makeing
of wharfes, & a bridge ouer y« moueth of j" creeke against
Phillip Leekes, were desired to issue it, Allso it was reffered
to them to order some course to bo taken for clearing the flats
of some loggs & pyles & stons, w^h the court was infoi-mcd
58
)yGoo»^lc
458 NEW HAVEN COLONY RECOBUS. [1649
lye vp & downe, wherby vcssells tliat come in or in danger of
being hurt.
Mr. Evanc made a motion to the court that Sariant And-
rewes might hare libbertie to keepe a timber yard, to provide
timber for shipping <fe repairing of veasells, and that he might
have libbertie to cut timber vpon the towne common for that
purpose. The court was willing to incouradge the thing, yett
not willing to make a full grant at p'sent, but for his incouradg-
meiit gave him libbertie to take what trees are vpon the towne
common which the tanners have failed & barked that maye
be for that vse, and libbertie to cut siz or tenn trees more for
that purpose, provided it be w'hout the two mile & in no mans
pprietie.
The Governer informed the court tliat he heares that Wil-
liam Davis & those two that was his men, viz"! Henry Bristow
& Jn" "Winston haue failed a great deale of timber w'hout
leave, w°h was by an order to be marked & reserved for the
townes vse. William Andrewes said that he heard it spoken
of in y^ towne as an offenc against William Davis, that he
w=h helpes to make the order presently goes and breakes it ;
and he conceives that the damadge to the towne is very great
by liis falling those trees, for he doth not know where a man
can goe w'hin five miles of y" towne to finde so much such
timber, hut it was reffered to the pticular court. Mxich de-
bate their was wheither it would not suit tliat the cooprs
should fall their timber at that time of the yeare when the
barke will peele of & be good for the tanners. Phillip Leeke
said the wormes would eat it so as it would be vnservicable
for makeing of liquid vessell. Nickholas Elsysaidhe tliought
not, & so said some others in y= court. But in regard the
season la now allmost past for tanners, the com't thought fitt to
reffer it to further consideration, provided that all orders con-
cerning falling of timber now in being, stand in full force.
William Paine, Jn" Gibbs, Thorn: Wheeler, & IVancis
Browne had libbertie to depart y« court.
It was propounded that sometliing might he pd to the
towl^e towards bearmg publique charge, for each tree tliat is
failed vpon the townes land, but it was respited for p'sent.
)yGoo»^lc
1649] NEW HAVKN COLONY BEC0ED9. 459
Henry Pecke bad libbertie to take of tbat timber w^h the
tanuers bave failed, for his Yse in his trade,
[239] lIHenry Morrell had libbertie to inlai-ge his home lott
[into oystersbellfeild] the length of liis lott.
Jii" Ooopr is ordered to drive y^ iiecke, & to poiind
those catell w«h are not orderly put in.
The court remitted a flue of 20^ laid vpon Jn" Vincoii,
Joseph AUsop & Andrew Low.
They w^h were bebiude in ther rates were desired to bring
them in to the treasurer.
William Andrewos desired the court that they would put an
issue to y" matter concerning the land w-h was viewed on
behalfe of himselfe & Jolm Cooppr, Sariant Beckly, Isaoke
Whithead & Nathanil Merrimai) ou y Lidian side beyond
SoUitary Cove. Tliose tbat were appointed to view were
desired to informe the court bow they found things. Leivten-
ant Seely said he tliought tlie towne might grant it them, & so
said Henry Leiidall & Francis Newman, so y* the farmers med-
dowes miglit be secured from tlieir cattell spoyling them. Mr.
Crane, & Mr. Ling & Mr. TuttiU opposed it & said it would
spoyle their farmes, yett if they might have common in j"
necke Wh them & liaue ther medow secured, tliey were wil-
Ihig, but they wh propounded for it were not willing to take
it vpon those termes. After much debate, the matter was
left that they might speake privatly together aboute it, biit the
farmers were told that jf tliey hinder the towne from dispos-
ing of the land for them to make vse of, the towne will expect
the same rates from them that these offer to paye, that is, for
alt yB medow and 50 or 60 ac^ of vpland, or more if it be
taken in for planting land.
Sariant Munson informed the court that James Russells,
being a watchman, pleads to be excused, because, i>y reason
of some lameness in one of his hands, he cannot discharge his
gunn, Hce was answered and James Russell told the he
mtist hire, or else y^' sariant must hire for him wliatever he
gives & he must paye it, and therfore he bad better agree w^h
some one himselfe to doe it for him who maye bee approved
by the sariant.
)yGoo»^lc
460 NEW HAVEN COLONY RECOEDS. [1649
John Cefinch passeth ouer to Samuell Ceffiiich the home
lot he had of y« towne, being two acers; 36 ac'* 6 rod of land
of ys first devision w'hin y« 2 mile ; all his land in y necke
being IS ac" & ^ ; 14 ac ^ 20 rod of medow ; and 36 ae' « &
^ of his second devision.
Edward Banister paseth ouer to William Basset y= 7''' of
Nouembr, 1648, 12 ac'^ of land in y« subverbs qrt' on this sid
y'' West River, & 7 ac^ of land of y^ first devision on y^ other
sid y West River, and three accf" of medow in y^ West
medow & 24 ac* of y^ second devision in y" subverbs qrt'.
The 1^^ of December, 1647, John Chapman passeth ouer to
Mr. Leach his house, home lott & common, w'h 27 ac -J of
vplaiid w'hin y 2 mile, <fe 11 ac* of medow lying in y miU
medow, butting on end vpon y« vplaud ground, y other end
vpon y« river betwixt y= medow of Mr, Gilbert & that w^h was
laid out to an elders lot.
Mr. Leach paseth ouer to Thomas Kimberly the same pcell
of land, bothvpland and medowe, being 27 J ac", & 11 ac" of
[Tliere was a general comt of eleetion foe ihe JoriBdiclJon held on the SOtli of May,
161B, and also, bb we learafrom ttie reootda of the town of Guilford, a ooui't of Ma^e-
trates, upoo tbe aame day. The certifloate of Hie appointment of Theophilus Eaton
and John Aetwood us ooinmissjoners, signed by Fnuicis Heivmnn, Secretarie, is pre-
sorvediu the archivsa of MnssaohuseCts.
For some of the proeeadfngB of this General Court see jimi, p. 463, note.]
A Genekall Couet the ll'i' oe June, 1G49.
Mr. Bvanc desired libbertie for Thomas Moris & Nathaniell
Merriman to depart y*^ court, to goe to doe a litle worke to a
vesaell W^h laye loaden & was ready to goe awaye, and they
had libbertie.
Robert Mai'tin and Jn° Benham desh'cd libbertie to dept y^
court & had it.
Jn'> Thomas allso to goe cary some phisicke to one that was
sicke.
The Governei" acquainted the court that the principall
ocaision of tins court was aboute Nehemiah Smith the shop-
py GoO»^ I C
1649] NEW HAVEN COLONY EECOEDS. 461
pard, whoe is willing if he maye he accommodated heare to
come hither & bring ye flooko of sheep w'h him, both them y*
belonge to y^ towne and his owiie allso, thoughe not willing to
keepe the townes sheepe because of some weakeness he finds
vpon himselfe, but he shall sell some of Ms owne & keepe
aboute 20 or 30 himselfe, and therfore propounds that he
might have land wher he formerly propounded for it; that is,
twenty ac-'^ of vpland at y sheppards penn <fe 10 acs of med-
dow in Oyster River meddow.
Affter much debate it was voted that he should have 20
ac" of vpland vpon sheppards hill, & 10 ac^ of meddowe in
Oyster River meddow for his proprietie, and for the rest of his
commonage he must fall vnder y« rules of a planter as other
planters doe.*
And order made by this court the 5^'' of July, 1647, con-
cerning the necbe was reade and confeirmed, and y^ comittee
then chosen to Consider of cleai'ing y^ necke for j" sheepe waa
desired to meete and consider what is needfull to be done for
yo p'sent against the sheepe come, and wheras William Pres-
ton, one of y" former comittee, is dead, Henry Lendall was
chosen in his roome.
Leivtenante Seely desired the court that they would ehuse
another leivtenaut for he finds it inconvenient to his family to
hold y« place. Jn" Moss propo\inded to the court to knowe if
y^ sallary given by the Jxirisdiction for attending the gunns
[240] cannot bee || {^iven to] Leivtenant Seely, he was told
that the sallary [was offered Leiut] Seely before it was disposed
of other wayes, but now this court cannot alter tlie generall
courts order. Leivtenant Seely was desired to consider of it
for a fortnight when their would be another general! court; in
ye meane time it was propounded that the men in y^ towne
would vnderwright what they would give towards y^ main-
taynanc of Leivtenant Seely in his place, w'h satisfyed him for
ye pfsent.
* In the mai-giD, " At a towne raeetiug y" ISih of May, 1650, it was votod yt y' clause
in this ordar of keeping ao or 30 sheepe should be of no force, but tliut he kcspe what
sheep ho sees meete selling Eome to j' towne, and when y towne sees vanse to stint
tliemselues in other catle,that then ho be stinted also aa others planters,"
Nehemiah Smltii removed to New London about 1652.
,Gooi^lc
462 NEW HAVBN COLONY RECORDS,
Mr. Eobcrt Nowman desired that he might have 12 p
that are the townes ^ty west bridge, and he would either paye
the towiie for them, or give them 12 as good againe. The
court being informed by Williain Andrewes that the towne
might spare them for the present, agreed he should have them
according to his proposition.
It was propounded that the necke bridge and west bridge
might be mended, William Andrewes said vules workemen
can have come, they cannot worke, Mr, Evanc said rather
then the worke should cease to y^ iudangering of y" bridges
he would lend y towne fifty shillings worth or 3' worth of
corne, so it was agreed that the worke should goe one.
Thomas Kimberly acknowledge a sumfiill miscariage of his
aboute a prisoner sent by tlie governer to the Duch governor
by Jeremiah How, first that he said of his owne liead to Jere-
miali How, that it woxild be a deed of charitie if lie let y« pris-
oner escape so no huj't might come to y^ jurisdiction, secondly
y' concerning a letter sent by the governer to the Duch gov-
erner, he said to Jeremiah How that if y" prisoner escaped, he
hoped he would have more witt then to deliver the letter.
And wheras it is said that he shoiild express something as if
ye governer was content y^ prisoner should escape, which was
no such thing, nor doth he remember that he spake so, but he
falls vnder testunoney. These things he acknowledgeth was
a breach of y" 6'^^ & 9*'' commandements, and great vnfaith-
fuUness in y* trust comitted to him. The governer declared
himselfe satisfyed, hopeiug it will bee a warning for time to
come, and no other objected against it.
It was desired that tlie collector's for y^ eoUedge corne ye
yeare last past & y« yeai'e before that would cleare matters
w^h Mr. Evanc and bring to him y^ corne they have that it
maye now be sent, and what wampome they have allso and lie
■wiU send provissions for it.
)yGoo»^lc
1649] NEW HAVEN COLONY RECORDS. 463
A Genehall Coubtb the 25'Ii op June, 1649.
Thomas Wheeler 801110"^ was admitted a member of this
court .and received y« freeraana charge.
The orders of tiio last generall court for y" jurisdiction was
read, in which it app^'ed that the plantation of Southold vpon
Long Island ai-e to have that plantation made ouer to them,
and seeing it was purchased by this towne, it is by this towne
to be made ouer to them, whervpon it being propounded, it
was voted by this court that they doe relinquish all their right
and desire it maye bee made ouer to them, either by deed or
otherwise by act of court, provided that it be stiU kept w'hin
this jurisdiction.*
The Gouemer informed the court tliat y^ comittee they ap-
pointed to consider of cleering the necke have mett, and thinkc
that it would be profitable for y* towne that it should bee
cleared for oxen and sheepe, but because it is now neare har-
vest, and mens ocasions will not give waye to doe it all now,
that therfore every planter in the towne would goe or send a
man a day, w-h they thinke maye doe inough for y« p' sent, and
* " At ft general court held at New Haven for Hie jurisdiction, tlie SOtli May, laiB.
The freemen of Southold desired thai the purchase of their plantation might be made
aver to them. The conit told t^em that they are i'l'ee to make over to them what
right they have, either by a deed or an act in court, Hiat it might stand upon to free
Uiera from nil fntura claymes irom themselves, or any under them, as themselves upon
oonsideradon shall propound or desire. Mr. Wella being questioned about some land
he Imd received of some Indians in Long Island by ivay of pit, in ivhich Mr. Odeli of
Sauthampton halli a part, and himself did draw a deed, vrherein the land whs passed
over &om the Indiana to tham, wliioh is contrary to an order made in this junsdictjon.
Against which cm^rlage t&e court showed their diEliko. But Mr. Wells doth now before
the court fully resign np all his interest in that land to the jnriadiotioD, and will ha
veady to give a deed to declare it whan it shall ba demanded of hun. Mr. Youngs
intbnnad the court that thoy at Southold had, aecording to order, purchased a plantB'
tion westward from tha Southold, about eight miles, of the Indians, which, by the
bast information they can get, are known to be tha right owners of that land, called
by the name of MaUatuch ani Aquidiiiuke, and this for the jurisdiction of New Haven
and Oonnectiont; which purchase comes to, in tha whole, sis pounds sij: shillings; tba
particulars how it arises, being expressed in the deed, which they desired might be
rapayd; and accordingly the treasurer had an order from the conrt, and did pay it to
them. Likewise Lietitenont Budd spoke of another purchase that was made, but did
not give full informalaon, nor a perfect account thereof.' '
The above noto is taken ftom Thompson's History of Long Island, 2d ed. vol. i. p.
SJ8, but Mr. Tliompson ^ves ns no indicaUoii of the soiirco whence he derived the
citation, and the editor has not hithei'to succeeded in discovering it.
,Gooi^lc
404 NEW HA.VBN COLONY BECORDB. [1649
the comittee that they might incouradge j^ worke, have all-
- ready all gon themseluea or sent a man a day, except one
whose oeasions would not then pmitt, but is now ready. It
was desired that those whoe was willing to goe would now
give in ther names, whei'vpon sundery did, a note wherof is in
y secretaries hand.
The Goueriier acquainted the court that the comittee they
appointed to consider of seamen and shippearpenters watching
and traynjng have done it, wliervpon a note vnder Mr. Win-
throps hand, tlien governor in y" Baye, sent foi' by order of this
court to kaow what tlier order is ther aboute these tilings,
w^li was read being as foUoweth,
Persons exempt from trayning & watching & warding by y^
Massachusetts law, as Mr. Winthrope eertifyed July ye 14th,
1648.
Magistrats, deputies, elders of churches, deacons, tlie presi-
dent, fellowes, students and officers of Harvard Oolledg, all
proffessed schoolemasters allowed by two magistrats, the treas-
urer, the auditor generall, the surveyour geueraU, publique
notaries, phieitians '& surgeons allowed by two magistrats,
masters of shipps and other vessells aboue 20 tunne, millers
and such other as shall be discharged by any coiu-t for bodily
infirmity or other reasonable cause. But ther sonns and ser-
vants are not freed, except on servant allowed to every magis-
trate & teaching elder. Such as keepe familyes at remote
farmes shall not bee compellable to send ther servante to
watch or ward in y« townes. But ail psoiis exempt &c, sliall
have compleate armes &c. in ther houses, except magistrats
and teacliing elders. Wee had a law for seamen & ahipcar-
penters & fishermen, to trayne onely twice a yeare, (& so is our
practise) but I finde it not in our new booke of lawes, so that
I feare it is omitted through some ouersight. The officers of
our courte ai-e allso exempted.
Jn'^ Wintlirop.
w'h which the court closed, w'h some little alteration, first
wheras mention is made of remote farmes, the court tliinks it
should be limited to those w^hout y two mile, and for masters
of vessells of 20 tumie, they thinke for incouragmg seamen it
maye be limited to 15 tunn and vpward here.
[241] II For other seamen and all sbipp carpenters, [that]
they watch as others doe and trayne twice a yeerc. And to
)yGoo»^lc
1649] NEW HAYEN COLONY BECOEOS. 465
distinguish wlioe ai'e seamen &. ship-carpenters, it is left to
the ptienlar court to judge.
The court considered of what was propounded and written,
and ordered that, w'h the alterations before exprest, it should
be here practised as is before expressed in y note from Mr.
Winthrop.
Vpon Robert Bassets desire to be freed from watching be-
cause he is drumer to j^ towne & to attend his place as drum-
er if ther should be an allanim in y* night, Wh if he be vpon
the watch he cannot doe, Leivtenant Seely said it is not vsall
for drumers to watch vpon any court of gaurd as common
watchmen, but to attend ther place as drumer if tlieir be
oeasion. The court for y* p'sent saw cause to free him, wish-
ing liim yt if at any time he doth goe forth of towne he pro-
vide another drumer to supply his place and attend bis worke
as drumer toy towne, y' they be not left destitute.
It was propounded to know what armes is proper for every
ofiicer of the millitary company to have, which was left to the
officers themselues to consider & informe y" court.
William Judson desired that he might be freed from watch-
ing, but notliing was done, but he reflered to y« order former-
ly made.
It was propounded that the oxe pasture might be fenced at
the townes charge, and whither it would not be profitable to
J" towue thai it should be planted three or 4 yoares & after
laid againe for an ox pasture, and it was reffered to the con-
sideration of yB comittee chosen for rates the 10"" of March,
1648, (the jitieular court excepted,) yiz^ Mr. Gilbert, Mr.
"Wakeman, Henry Lendall, William Davis, Mr. Atwatter, Jer-
vic Boykin, Mr. Ling, Mr. Tuttill, Mathew Carafeild, Francis
Browne, & y' they informe y" court what they judge of it.
Andrew Low desired the court to consider of several! fines,
amounting to 44% for his fenc being downe, but nothing was
done in it at p'sent.
It was refered to the yticular court to consider of some that
might take the estates of any which dye in y towne and
leaves no order aboute ther estates. Instanc was given in y^
estate of Robert Psons, William Ball, Lawranc Watts, & what
)yGoo»^lc
466 NEW HAVEN COLONY RECORDS. [1649
other maye bee, the treasurer desired that ho might not be
troubled w^h tliem.
The Gouerner infonned the court that he hath Iieard some
complaints aboute the smallness of bread that is made and sold
in je towne, and therfore thinkes that some course must be
taken that it maye be sized, that the baker maye have a due
profit & the buyer not wronged. It was inquired whoe had
any booke that might give any light concerning the sizing of
bread. Jn" Brockett said he had one, and was desired to
eary it to the governor whoe was desired to prepare this mat-
ter against y*' pticular court.
Leivtenant Seely desired the court that they "would chuse
another leivtenant for his occasions require hime to laye it
downe. The court told him they saw no cause nor should
chuse any other so long as he remained m y^ towue amonge
them, and the foure sarjante were desired to take some paines
to see what men would vnderwright as it was spoken ye last
court.
John Walker & Thomas Mitchell were chosen veiwers for
ys fenc at plaines for y" yeare ensuing.
John Oooppr desired that ther might be a man appointed in
each quarter to know what quantity of corne every man hath
sowen or planted this yeere, tliat he is to bo pd for. And Jn"
Oooppr propounded, and the court appoynted Francis New-
man for Mr. Eatons quarter, Mr. Ling forjlr. Newmans quar-
ter, Jervic Eoykine for Mr. Cefiinch his quarter, Robert John-
son for Mr. Bvanc his quart', Jn" Meggs for Mr. Evanc his
lott, Mr. Wakeman for that quat', Richard Miles for y' quart',
Henry Lendall for that quart', Mathew Camfeild for y« sub-
verbs ou y= other side the creeke, Sam: Whithead for those
on this side, Thomas Nash for Mr. Davenpoi-ts quart', Thom
Munson for Oystershell feild & those that live by the east
creeke & on the banke side. To W^h men every on wh lives
in the quarter is to bring in y number of aC^ of corne planted
or sowen by them or for thera in any feild w*hin the two mile,
betwixt this and this day senit, vpon y« penaltie for each ac' so
neglected 4''. And if any shall deale falsly, bringing in less
)yGoo»^lc
1649J NEW HAVEN COLONY EECOKDS. 4fi7
then be hath, w'h a purpose to deceive, he shall he vnder such
punishment as the pticular court shall judge mecte.
A Court at Nbwhayen the 3"' op July, 1649. capt. Aahvood bM
' Mr. Disbrowebeing
p'3an6 w'h this eoutle.
Mr. EyaiiG declareth in an action of dehte for 255' sterling,
disbursed upon the shipp Swallow, which is now possessed by-
Mr. Westerhousen, for which some Daniell Peirse, merchant
and pt owner of y" said shipp, binds himselfe and owners, w^h
the shipp & all the furniture to her belonging, for seciiritie, to
be paide at Earbadoes in cotton woole, as appeai'es by a bill
subaeribed, by Daniell Peirse m''chant and Steeven Reekes
master of y^ saide vessell, witnessed by Mr. Theophilus Eaton,
& Mr. John Davenport, by which bill he conceives he is to be
paide the money by tlie ahipp, for the money was expended
vpon the shipp, w^hout which she was not fitt to proceede vpon
any voyage, and vpon this ground he demandeth the vessell.
[242] II Mr. Westerhousen in answer delivered [in]to y«
court certayne of the proceedings of the court in Vergenia,
w'h an invfoycje of ahipp & goods, and a testimoney from y*
shreifFe w=h seized the shipp and delivered it to y^ marriners,
w^h w^ now reade in court, by which it appeared that the
marriners seized the shipp for wages, and by a legall tryall
recovered it, and had it delivered to them by y« shriffe.
After which the marriners being possessed of the shipp sold
to Mr. Westerhousen, & now stand to pleade their right in the
shipp by vertue of y« order of y court at Vergenia. The
marriners were told that here is nothing in y« wrightings from
Vergenia mentioning Mr. Bvanc, nor doth it appeare that any
pleaded for Mr. Evanc nor any eopie of it. They said that
Mr. Benit, Mr. Evano his atturney, pleaded for him and was
in court when the cause was cast, but they had nothhig to doe
to bring otlier mens wrightings.
Mr. Evanc replyed that he conceives he hath proved that
the shipp Swallow was made ouer to him by master, merchant
& purser, and that this was done, (they saye themselues,) the
purser told them, & w*hout tliis money the shipp could not
)yGoo»^lc
4:68 NEW HAVEN COLONY RECORDS. [1649
have proceeded vpon any voyage. Likewise it is cleare that
the mens wages, which is the onely pica, was pd out of the
moneys dishursed hy Mr. Evanc & cleered when they went
henc, for they themselues demand biit 249', and they have
bine out from hcnc 13 monthes, and ther wages is but 20' a
month, so that the wages must be cleared when they depted.
And seing they know that the shipp was mado ouer, they
might liave chosen whither they would have gone or no,
aad that so much was disbursed vpon her appeared by a note
pfseiited in court.
The Gfoverner propounded to y« marriners, put case a shipp
is vpon a voyage, and puting in at a port by the way, tliroughe
some sti'oss of weather, wants a new suit of sayles, or a cable
& anchor, the marriners buy them and ingage to malte paye-
ment at her port of discharge, if ther the ship shall come to
be sold for mens wages, shall these sayles paye them ther
wages, which they could not have earned w'hout them, or
suppose a shipp comes into a harboure, wants repaire, a worko-
man workes vpon the shipp, earnes 20', but before the shipp
goes awaye, ther falls a differenc & men call for wages & the
shipp comes to be sold, shall not the carpenter be paide for his
workc. They could not saye but it is equall he should, but
yett they saide that the shipp is theirs by order of y" court of
Vergenia.
The plantiffe and defendant having no more to say, the
court proceeded to sentenc, and they find that had the shipp
arived in due season at Earbadoes, Mr. Evanc might have
required his debte from the owners, & tlie shipp, w'h her fur-
niture, was ingaged for it, yett wheither the shipp he consid-
ered as belonging to y'' former owners, or as new morgaged
or sould to Mr. Evanc, and by his consent & w*li some goods
of his goeing forth towards Earbadoes, God, by an afflicting
providenc, keeping her at sea & from her port at Earbadoes
till marrinerB wages have eatton out her vallew, sho putting
in at Vergenia, giving over her voyage and being arrested
vpon other acc"*^ & ingagements, the marriners had, (as the
case stood,) y first & cheife right to their wages, and y«
rather in this case, because the tennour & import of Mr.
)yGoo»^lc
1649] NEW HAVEN COLONY RECORDS. 469
Evanc bis deedo is to secure his debte from y^ owners by tlie
shipp & her furniture, not from the marrincrs out of y^ wages
wbich should grow due from bene to the Barbadoes or any
other port. They saw not therfore how they could justly dis-
possess the mai-riners, (or Mr. Westerhousen claiming from
or vnder them,) of the shipp granted them by senteuc of court
in Virgiuea.
Robert Newman, plant' l Mr. Newman declareth that he
lRob]ert Basset, defendt' ) being inti-usted to dispose of M"»
Wilkes estate, sold Robert Basset her house for 40' and past
it ouer to him in this court, to be paide halfe of it tlie SO^ii of
September last past, and y« other halfe y'' first of May last,
but none is paide but 5' a litle while agoe, and now Robert
Basset would have liim take y^ house againe, ■wh he cannot
doc but w^h wronge to others, being but a trustee in the
Robert Basset said he was disabled by some loss he hath
had, and if he should iugage himselfe for further security, he
might bring further trouble, and be doubts wheither he shall
ever be able to paye for it or no, but is wilhng to submitt to
any loss the court shall thinke raeete, for he acknowledgetb
the bargaine, and so leayes it.
The court declared that they neither made uor can breake
the bargaine, and therfore if betwixt this and y« next court
satisfaction be not given, execution must goc forth if it be
desired.
Thomas Meekes and Rebecka Turner was called before y=
court to answer to their sinfull miscariag in matter of forui-
cation, w'h simdry lyes added therto by them both in a grose
aud bainiouse manner. The matter hauing bine formerly
[heard before the] gouenier in a private way, w=h was now de-
[243] Glared to y« court )Iin ther p'senc, and they called to
answer. Thomas Meekes said he could say nothing against
whath bine declared but it is true, and he desires to judge and
condeme himselfe for it in y^ sight of God and his people.
And for Rebecka Turner, she aoknowledg the things y
charged was true, and though she iiad saide Thomas Meekes
)yGoo»^lc
470 NEW HAVEN COLONY EBCORDS. [1649
had had to doe w'h her but once, yctt it was oftener, as she
now saith.
The Gouerner further declared to y court, that he hath
lieard of sundry passages Wh render Mr. Westerhoxisen sus-
picious m this buisiies, first that Rebecka should say tliat she
could not love Mr. Goodanhoiisen, but she could love Mr.
Westerhousen. Mr. Westerhouseu answered that she said
not so to him, she said allso that it was not to him but to
some body in y^ house. Secondly that Mr. "Westerhousen
should say to her that if his wife was deade, he would make
her his wife. Mr. Westerhoiisen answered that he said not so.
She said it is true that she said so, but cannot tell but she
might be mistaken, w^h y= court witnessed against in her.
Thirdly that he gauo her sundry gifts to a considerable val-
lew, insomuch that Mr. Goodanhousen, her father, was
troubled at it, and told Mr. Westerhousen that he could main-
tayne his daughter w'hout his gifts. Mr. Westerhouse said
it was at y^ faire, and then Mr. Peirse gaue her lace for a
handkercher, and he gaue he cloth.
Fourthly that he caried her behinde him to y^ fanne ; he
said that on night she was goeing to j" farme very late, her
mother pittyed her, he bid them sett her behinde him & he
would cary her,' and so did.
Fiftly that he mette William Wooden & Henry Humerstone,
he coming from y farme, they goeing theither, they asked him
if he was not at ther farme, or wheither he had not called at
ther farme, to both w^h he answered no, yett when they came
home asking Rebecka, she said he was their and she knew not
that he had bine any wher else. Mr. Westerhouse denyed it,
wher?pon ther oathes were required. Mr. Westerhouse
desired tlie one might be put forth whilst y= other tooke oath,
and it was so.
William Wooden teatifyeth vpon oath, that he and Henry
Humei'ston being together, mett Mr. Westerhousen w'hin
yo necke gate, against David Atwaters, he asked him wher he
had bine, he said at further farmes. William asked him, was
yow not at of farme, he said no. William said, did yow not
call thei'j he said no, when he came at farme he asked Rebecka
)yGoo»^lc
1649] NEW HAVEN COLONY BBC0RD8. 471
if Mr. Westerhouse was not tlier, she said yes, & whether ho
were any wher else, she said not that she knew of.
Henry Hiimerstone testifyeth vpon oath, that vpon y«
highway as William Wooden & hee was goeing home to y''
farme, they mett Mr. Westerhonsen and asked him wher he
had bine, he said at y other farmes beyonde, this deponent
said was yow not at o' farme, he said no, did yow not call ther,
he said no, at w'h they wondered ; when tliey came at farme
William Wooden asked Rebecka if Mr. Westerhonsen was not
ther yt day, she said yes, he asked her if he was any wher
else, she said no, he asked her what he did ther, bnt what her
answer was he cannot tell.
Sixtly that he hath line at y^ farme in y^ same roome w'h
her, as Hen : Humerston & Will Wooden say.
The Gk>uerner told y court that they haue heard y* several]
passages of y^ buisnes concerning Thomas Meekes and Ec-
becka Turner, wherin beside j" fornication ther hath bine
much impudenc in lying, espicially one his pte, caUingJGod to
witness y ti'uth of a thing w=h himselfe knew to be false, as
he now profesaeth. Allso y passages concerning Mr. Wester-
honsen, and what is proved vpon oath, yett not owned by him,
w"h leaves j^ conrt much vnsatisfyed.
Matters being thus prepared, before j" court proceeded to
sentenc Mr. Goodanhouse desired to speake, and desired the
court to consider that Rebecka is weake and hath sore breasts
& a frovvard child, that therfore, if it may be, they would
spare corporall punishment, and if they laid a fine he would
see it paide.
The court having heard and weighed what was spoken pro-
ceeded, and ordered that Thomas Meekes be severely whipped
for this folly of sinnfnll vncleanness, and for his lying and mis-
cariages that way y' he fined 5'.
For Rebecka Tnrner that she allso be whipped, if in reffer-
enc to herselfe and child it may stand w'h due mercy, but
vpon a veiw & search & a report made by the midwife and sis-
ter Kimberly, the court saw cause to forlaeare that, a]id or-
dered her to paye a Sine of IW, w^h Mr. Goodanhousen prom-
ised to paye for her.
)yGoo»^lc
472 NEW HAVEN COLONY KECOKDS. [1649
Beniamiiie Wright, of Guilford, hauing bine, at a court of
magistrats held at Newhaiien in May last, charged w'h aiid
proved guilty of sundry grose miscariages, for w^h he deserved
seveere correction, but y^ court seeing some showe of remorse,
and hoping for better fruit then now they see, vpon Mr. Dishur-
ow reque5t,past it by, vpon condition that he should make a full
acknowledgment at Guilford of his severall miscariages, ae he
had done in court and promised to doe ther, as appeared
[244] {| by the proceedings of that court w«h was now read,
but when he came at Guilford and should have made his
acknowledgm*, he refused, and in a stubborne and bold way
Eaid hemust fall vuder many things because he wanted proofe,
as appeares by a note vnder y« hand of Mr. Leete, Secretai'y
at Guilford, and said that he had acknowledged he went aboute
to delude the townea order because the goxierner did so threaten
him, as is testifyed by Mr. Leete, Mr. Chittendine & Mr. Jor-
dan, vpon oath taken before Mr. Diabrowe, July 2''', 1649.
Wright was asked what threatening was vsed, but he ans-
wered not. Hee was told that he had bine brought to corpo-
rall punishm' before but y* he made that acknowledgment he
did, and gave hopes of better fruit tlien appeares, for instead
of doing what he promised, he returnes to his former pride
and stubbornness againo, and when he was bound to appeare
at this court, and put in baile to doe it, he came to y^ magis-
trate and told him plainly he would not come ther, as Mi\
Dishrowe affii'med before him and he denyed it not. Hee was
therfore desired to speake if he could show any reason why he
should not now liave sharp punishm* inflicted. Hee said he
can say nothing against it but it is just, for though he had
thoughts when lie went fi-om y^ court to doe as he had saide,
yett God left him and he returned to his former coui'se againe,
because he was not faithful] to those purposes that God had
put into his heart.
The aentenc of the court conceraing Benjamin Wright is
that he bee seveerly whipped heare at Newhauen, and a
month bene at Guilford, and that he paye as a fine to y juris-
diction, 10', for y« charge & trouble he hath put them too.
Mr. Goodanhousen pf'sented in court a wrighting by wh it
)yGoo»^lc
1649] NEW HAYBN COLONY RKCOEDS. 473
appeared that tlier is s^mdry aceounta betwixt Mr, Westerliou-
sen and himselfe Wh hee desires may be cleared, and allso a
bill of Mr. "Westerhouaens of 90', W^h he is to paye to Major
Gibbons for him y^ said Sam: Goodanhonsen.
Mr. Westerhouse said that Mr. Goodanhouse owes hun
money allso, whervpon for the matter of accounts, the gouer-
ner propounded to them that they would put it to arbyti'ation,
that acC'* might be issued betwixt them, and the mattei's
ended in a louing way, to w«h they both consented, and
before the court chose Mr. Goodyeare, Mr. Evanc, and Mr.
Gilbert for a third man, and they, the said Sam : Goodanhou-
sen & William Westerhousen, buide themaeluea in 100' a pec
to stand to y^ arbytration of these three men chosen by them-
selues shall make, this to begine one y" sixth day of y* weeke
next, and to be issued by y last day at night following, and
for y« bill to Major Gibbons, the sentenc of y court is, that
Mr. Westerhousen paye it according to y« bill & j" charges of
this court beside.
Lancelot Fuller, plant', \ Lancelot Fuller declared that Mrs.
I<Va: Newmmi and his } Newman had wronged his wife, say-
wife, defendants. ) ing slie had interteined young men
or a young man, (Mr. Stone by name,) in her husbands ab-
senc & made a feast or breakefast for bim, & that his wife hav-
ing heard of it abroad, went to Mrs. Newman & desired noth-
ing but due satisfaction in private, according to y" nature of
ya ci^e. Mrs. Newman said she was aorrey for it, his wife
thought that not sufficient except she clered her where it had
bine spoken, and to her husband when he comes home. M'"i=
Newman said she knew not how to doe y', his wife said she
must then learne, whervpon Mrs. Newman told her she were
best hold her tongue & say no more in it, for if she did not
put vp that, it would bring out worse. Lancelot Fuller tlier-
fore desired to knowe what that worse is w=h it would bring
out.
The court calling for proofe, Mrs. Higcnson vpon oath testi-
fied that she heard Mfi^ Newman say tliat Goodwife Puller
intertayned a young man in her husbands absenc, & made a
diner or a breakfast for him, (Mr. Stone by name.) Being asked
)yGoo»^lc
474 NEW HAVEN COLONY RECORDS. [1649
liow this came to be published, she answered the elders wife
was p'sent when Mrs. Newman spako it, hut it came time,
(as she conceiveth,) to he published ; sho asked her brother,
Charles Higenson, why he staid out so late and came not
homo in seasonable time, he, (as she remembers,) named some
places wher he had bine, as at Mr. Goodanhouse at j" ordi-
nary, & said as he was coming homo he went into goodwife
Pullers to take a pipe of tobaco & stayed some time ther,
whervpon she, this deponent, asked him why he did so & did
not come home, she said it would bo taken notice of & give
occasion of speech, and thervpon told him what she heard,
and y« nest Saboth day on asked Charles Higenson to goe
take a pipe of tobaco at Groodwife Fullers, & he would not,
but told him what he had heard. Goodwife Fuller to this
replyed, that Charles Higenson came in w*h her brother, Sam :
Marsh, they having bine togetlier at y^ gouernors. She was
asked what was y^ reason William Andrewes came theither.
She answered he never came late, nor did she let any come
but aboute buisncs, & when ther buisnes was don she bid them
be gone, and would not let them come in if it were late.
[245] II Lancelot Fuller saith further tliat Mrs. Newman com-
ing after to his wife, told her she were best hold her tong\ie
or else it would bring out worse, for proofe Ilanah Gregson
testified that M^'' Newman said she was sorrey for what she
had spoken and she could doe no more, if Goodwife Fuller
were not satisfied she must goo w'hout satisfaction, adding
tliat would bring out worse. For farther proofe, Abraham
Kimberly vpou oathe testified, that goeing to Goodwife Fullers
for a band, he heard some body talking, and standing still he
saw M'i^ Newman & heard her saye she was sorrey she had
given such an offenc, or to that purpose. Goodwife FuUer
said that would not serve. Mra. Newman replyed if she
would not take that for satisfaction she must goe w'hout satis-
faction, & said yow were best let this dye, for feare least it
bring out more. Lancelot Fuller further declared that when
Francis Newman came to his wife to hcale y^ buisnes, (as
probably ho mtended,) he made it worse, charging his wife
w'h things he cannot prove, first that she had made a proverb
)yGoo»^lc
1649] NEW HAVEN COLONY RECOKDS. 475
& song of ye satisfaction his wife had given, wh his wife de-
nyeth, & secondly Mr. Newman told Goodwife Fuller that she
was one brought to y court for her tongue, and in a thret-
ning manner said he would tame her tongue, for he knew well
inough what she was, and for proofe brought Ecbocka Greg-
son, who testified that Francis Newman coming to Goodwife
FuUers told her she had made a proverbe & songe of his wives
satisfaction. She said she had not. Mr. Newman affirmed she
had, & said she was one brought into y* court for her tongue
and he would tame her tongue. Goody Puller denyed that
she was brought mto y^ court for her tongue, and told him
she should haue scorned to liaue told any lyes of them. Mr.
Newman asked if he had told any lyes of her, she said his
wife had, & he and his wife were one. Mr. Newman asked
goodwife Fuller what satisfaction she would haue, she ans-
wered she desired to be cleared where she was wronged, and
if any man of wisdome and judgment would say that was sat-
isfaction w^h was tendered, she would fall vnder all, she said
she would have put vp that, if his wife, before others, had not
spoken as if ther were some worse thing against her.
Francis Newman declared in court that vnderstanding from
Mr. Higeuson that Goodwife Fuller made a proverb of his
wives satisfaction, he went to cleare it, told her what he had
heard, that vpon her denyall it ended w'h him, but she fell into
high words. Ttebecka Gregson testified that Mr. Newman bid
Goodwife Fuller doe her woi^t & she bid him doc his worst,
that Goodwife Puller was high, but not so high as he.
Francis Newman complained that Goodwife Puller said his
wife was a lyar, and that she would scorne to goe vp & downe
to cary lyes as they did, & when he asked what lyes he caryed
vp & downe, she answered he and his wife were all one, wher-
vpon he told her she was one hi y^ court for her tongue, & if
she would not rule her tongue he must haue it ruled, he now
added that he app^hended her tongue was y^ cause of he being
brought into ye court, Goodwife Fuller declared what had
passed betwixt Fra: Newman and her, & Mr. Newman an-
swered, but both to y" same purpose, as is before expressed.
Lancelot Fuller to clere his wife aboute y" forementioned in-
)yGoo»^lc
476 NEW HAVEN COLONT KECORDS. [1649
vitation, informed ys court y* it was bmselfe (and not his wife)
that invited Mr. Stone and M. Westerhouse w'h liim to breck.-
fast, and it was by way of returne for inter taiiimcut & kindnes
lie received from Mr. Stone in y*' Bay, and M. Westerhouse
being p'sent testified in court, that Lanclot Fuller did invite
Mr, Stone & hiraselfe to his house.
Vpon due consideration of y^ p^mises, the court tooke notice
of that passage wher Goodwife Fuller saith she would haue
scorned to goe vp & downe w'h lyes, &c. and that she would
liaue wrapt vp Mr. Newman in j" guilt, they told her it was
from her pride and selfe confidenc, and that vsually leaues
such to miscary, but in refferenc to the action as it hath bine
opened & proved, they find that M'^ Newman was out of her
way & breake rule in recoinng a reproach against a neighbour
from Mary Pery a girle, that y« spreading of it increased yc
sinn, and tended to y^ defamation of Goodwife Puller, & that
the satisfaction tendered was short of what the case required,
not reaching to y^ healing of hor name so farr as she might
[246] haue gone, || and that those after passages, if Good-
wife Fuller were not satisfied she must goe w'hout satisfaction,
and that she were best let this dye for feare it should bring out
more or worse, were fixll of provocation and did increase y^
offence. And for Mr. Newman, the court also found that he
fell short of Iiis duty, both in not pressing y^ rule vpon his
wife, that by due satisfaction the matter might have bine ended
in private, and that himseife instead of speaking healing words
did vnnecessaryly provoake, in saying Goodwife was one
brought into j" court for her tongue, & that he would tame
her tongue or must haue it ruled ; y" court remembred y^ pi^-
sage aimed at, and that Goody Fuller, (tlien maid sei-vant to
M. Evanc) was plantife, they caused j^ tryall of that action to
be read, and found M. Newman was out of his way in making
such vse of that suit in tliis case, when he should rather haue
aplyed himseife to make vp what was defective in his wives
satisfaction, they therfore thought fitt and ordered, that Mr.
Newman paye 5' to Launclot Fuller & his wife, to repaij-e her
in poynt of injury.
)yGoo»^lc
1049] NEW HAVEN COLONY RECORDS,
At a Coukt held at Ngwhavbn tiik 7'^ op August, 1649.
Rogger Allen & John Brocket being both warned to watch
neglected and cauie not. Rogger Allen being in court an-
swered that it is true lie had warning but forgott to tell y«
man that he hired to watch for him. For Jn" Broctet Mr.
Evanc said he was w^h him and sent this answer to the court,
that he conceives he is exempted from watching by the court
order, but Jii" Brocket not being p'seiit and y last order
made aboiite tliat not being in court, it was reffcrred till ye
gouerner come home. For Rogger Allen the court ordered
that he paye y^ fine w4i is 5«.
Nickholas Slooper for being foimd asleepe in y« meeting-
house when hee should have bine vpon his watch was fined
William Judson was fined because his man Jn" Knight
came not to trayne one squadron day, 2' 6'', for when his man
would haue gone and told him it was time he w'liheld him.
He saith liimselfe because he went to trayne ye day before
when they ti-ayned not because it rained, yet his man staled
out tiU night, but was told he must looke to liis man for that.
Mr, Rudderford & Phillip Galpin were appoynted to prise
y estate of Addam Beere a Duchraan tliat dyed at William
Andrewes, & y' an inveiitorie be brought in court.
Mr. Evanc hath sold to Mathew Moiilthrop i ac'^ 26 rod of
Mr. Trobridges first devission of land lying on y" west side.
Mr. Evanc hath sold to Mathias Hitchcocke 4 ac" 26 rod of
Mr. Trobridges first devission of laud lying on y^ west side.
Mr. Evanc hath sold to William Ives, now possessed by Wil-
liam Basset, 4 ac" 26 rod of Mr. Trobridges first devission of
land lying on y^ west side.
William Basset passeth ouer to Robert Emry one house and
barne somtime Edward Banisters, w'h 6 ac^ & ^ of vpland on
this side y" West River in y« subverbes quai'ter, tlie front to
ye west lane, y« reare to y^ midle of y^ quarter. And 3 ac"
of meddowe in y^ west meddow bctwcene Jn*' Clarke <fe An-
thony Tompson, on end butting vpon y= West River, y« other
)yGoo»^lc
478 NEW HAVEN COLONY RECORDS. [1649
end vpon y<' quarter ; and 30 aC" of vpland on y^ other side of
ye West River.
Jeremiah Osborne informed the cmiTt that Henry Pecke
reported that their maide (Sarah Ollard,) was w'h cliild by
him J" said Jeremiah. Henry Pecke answered that such a
report of y^ maid was brought into liis house as he tooke it
vp, but vpou examination it proved to be but a supposition,
and he repoi'ted that it was so, but he sees that it was his mis-
take and his siun & is sorrey that he was so foolish to speake
BO, and for Jeremiah being the father of it, it was his mistake
also, for he hearing some a talking of Jeremiah and the maide,
tooke it vp that they spake of that matter and him to be y^
father, but vpou examination it appeared they spalte of no such
thing, but that Jeremiah was to haue her, but vpon this mis-
take he i-eported it. He was asked wlioe brought it to his
house, he said goodwife Bunill. Goodwife Bunill said that
she had said to goodwife Pecke that goodwife Charles wished
ther was no more in y" towne in Eebecka Turners ease, for
ther was a maide that satt neere her at meeting that did bar-
[247] nish apace, || but she named nobody, nor could she
tell who it was, and she said to goodwife Charles, if tliat be
yof thoiights yow were best speake of it wher yow best may.
Goodwife Chai'les, that she and Thomas Marshall (whoe was at
worke at her house,) being speaking aboute Eebecka Turner,
what a sad thing it was, she said it is well if ther be no more
in her c^e, she remembers no more that she saide, Henry
Pecke was asked if he had any witnes that could cleare it that
either of these women was y« auther of this report, he said he
had none. The plantifs hauing also spoken what they would
in y case, tlie court proceeded to sentence, and ordered that
Henry Pecke paye to Jeremiah Osborne & Sarah Ollard for y^
wrong ho hath done them 5', w*^h is to be devided betwixt
them.
Mr. Crane complained of Samuell Whitliead for leaving
open ther quarter gate, he owned the thing, but said y^ fcnc
was downo aboute it. Mr. Crane sd true, and was fined for
it, and y^ gate also because eatle came in at it. The court
declared themselues that they eo\iM not alter the generall
)yGoo»^lc
1649] NEW HAVEN COLONY
courts order, and thorfore Samuel Wliithead must paye for
this miscariag 6^.
At a Coubt held at Nbwhaven the 4'^ of September, 1649.
The last will and Testament of Edward Banister (deceased)
was pfsented in court,* made the S^^ of May, 1649, confirmed
hy his owne hand and witnessed hy Richard Miles, William
Andrewes & Jw Nasli, whoe now iu court tooke oath that the
said Edward Banister being in good Tnderstanding and mem-
ory as farr as they could judg, did make this "wrighting now
p'sented in court to w^h their hands are subscribed, his [last
will and testament. Also the inventory of y estate of the
said Edward Banister was p'sented in court, amounting to
66' ; 04 : 00, made the 21*1- of May, 1649, prised by Richard
Miles, William Andrewes and John Nash, vpon oath for y^
valew of the goodes, and Ellon Banister widdow and executrix
of y« last will & testament of her deceased husband, tooke oath
that his whole estate, to y^ best of her light and knowledg is
conteyned in y« pcells and pticulars mentioned & prised in the
said invontorie.
The court granted to William Davis administration vpon y^
estate of James Ilayward deceased, and he accepted it and
delivered into y" court an inventorie of the estate of the said
James Hayward, amounting to 00 : 4 : 7^, beside 59 : 0 : 0 in
y« ship Fellowship, prised by William Andrewes, Thomas
Munson, Thomas Kimberly and Thomas Wheeler jun', vpon
oath for y vallew of it. And William Davis ye administrator
tooke oath that y^ whole estate of James Hayward, to the best
* Tlie last ivill and testament of Edward Banister late of New Raven deceased,
made 8th of May, IMO.
He ^vaa bis daagliter tfln pounds more than Lis wifb, liis daughter to roceire hor
portioD when she is sixteen years of age — makes his wife executrix, aiid elder New-
man and Francis Newman OTBrseera of his will.
Goodman Miles is to hava his daughter to bring her up W. she is slsteeii years of
a^e-^is wife and the OTereeers to huTS the dispose of her marriage — if his daughter
(lie before she eorae to sixteen years of nge, her portion to return to her mother; if
they both die without a lawM heir, then it sliall go to tlia chnvohes use. The mark of
Edward Banister, witnesses, Bichavd Miles, William Andrewes, John Niali,tlie marlt
of Thomas Whseler.
)yGoo»^lc
480 NEW HAVEN COLONY HECOEDS. [1649
of his light and knowledg, is conteyiied in y^ pcells & pticulars
mentioned and prised in the said inventory.*
Mr. Samuel Goodanbousen was called to give in seeiiiity
for the portions of his wives chilldreii. Hee said he had paide
Mr. Yale 35', w«h he accepted for full satisfaction for his wives
poi-tion, and for Thomas Meekes he is willing to accept of the
house and 19 ac" of land next the towne (lying hy y= necke
highway) for y« portion of Rebecka Turner, now bis wife, and
Thomas Meekes declared in court that he is willing to accept
of y^ said 19 ac^ of land, be it more or less & j" bouse &
homo lott & barne at towne, in full satisfaction for his wives
portion, and Mr. Goodanhouse did now m court pass the house,
home lot & barne, and the said 19 ac^ of land, be it more or
less, w=h was Capt. Turners, and Thom Meekes accepted it for
full satisfaction.
For the rest of the cliilldrens portions, the court rofierred
Mr. Goodanbousen till y^ next court, that be might consider
w'h his wife aboute it, for the portions of j" chilldren doe
come to more then 35' a pec, according to y order, the estate
being as it is, and then the court will consider of it againe.
The portions of M.''^ Goodyeares chilldren were allso con-
sidered of, but some difficulty appearing, it was respited to y^
next court, and in y" meane time Mr, Goodyeare was desired
to confere w'h the gouemer & Mr. Evanc to prepare it for j"
next court, y' the estate may be equally devided, that the
* Data of the inventory not given.
Carpenters tools and lumber, prisetl by ThoniM Munson, Willium Andreives, sum
£57, 18, 7.
Debfs duetotheestnt*— From Darrecke Jolinson £10, 10, from Mr, Goody eai- £16,
19, from William Holt £1, 8, 4, from Jeremiah Osbonis £0, 7, from Ephrum Penlng-
ton £0, 8, from Richard Beech £0, 16, from John Beech £0, B, 11, from Thomiis Moris
£0, 16, 8, besides his part in the ship Fellowship £69.
The Estate of James Haywardis Debtoiv-To Mr. Evans £4, 11, 10, to Johu Jaok-
nian £a, 10, to John Gibbs £0, 18, to Jeremiah Whitnel £0, IS, to Thomas Johnson
£0, 4, to Heury Glover £3, 13, 7, to the smith at Stratford £0, S, to Robert Usher £3,
to Phillip Leeke £5, to John Tompson £1, 18,to widovf Preston £0, 6, to John Harri-
man £0, 10, 6, to Richard Williams £0, 12, to Eiohard Webb £0, 6, 8, to John Tomp-
son, fiirmer £0, 1, to William Fowler £0, 9, S, to Bnlph Dayton £0, fi, 6, to William
Davis£2, 3, toJohnMossofBoston£ttoMi'. Ting of Boston, for a but of nine £13,
10, to Edward Fletcher of Boston £4, 16, 9, to Thomas Munson £0, 2, 6, to William
Peoke £0, i, 6, to the ferryman £0, 1, 4, to Thomas Oshocne £3, 2, to Henry Bristow
£0, 6, to Benjamin WUhnot £0, 8, to Mr. Gihbard £0, 14, 7, to Mr. Cre.ne £0, 4, to
Mr. Hooke £0, 6, 3, to Mr. Atwater £6, 7, 8, to John Biiaset £0, 2. Court charges
£0, 6. Total £67, la, 9.
)yGoo»^lc
1649] NEW HAVEN COLONY RBCOEOS. 481
mother and the chilldren may haue ther due proportions, both
ill the better & more hazardous pts of the estate.
Mr. Gibbard & Eichard Miles, calling Thorn Moris to thpiia,
were desired to prise the estate of Adam Eeere a Diichmaii
w=li dyed at William Andrewes, and to bring the inyentorie of
it into the court, according to order.
Thomas Mnnson tooke oath that y" apprisin' he made of
Robert Prestons goods or estate was justly done.
At a Gbnehall Court held at Nbwhauen the lOi-i' op Sej'-
TB!BBER,1649.
The Governer acquainted the coiirt w'h the rumores he
hearcs concei'uing the Indians and allso w^h what Thomas
Stanton brought in way of retui'ne from them, in w<=h answers
and cariages ther pride and insolencie appeared, so that he
conceives it is not safe for the towne to goo on in ther watch
as it was last ordered, but that some otlier manner of watch
be setled for y* p^sent, and likewise that y= gaiu-d be doubled
on y« Lords dayes and lecture dayes, and that men whose
turne it is not to bring armes, yet bring ther swords.
The court considered of the things propounded, and refFerred
the whole ordering of these matters and what else is necessary
to y« pticular court and y« sarjants joyned w'h them.
[248] il The Gouerner also informed the court that ther is
need that a generall court be called for y^ jurisdiction &
therfore deputies must be chosen for this towne, and accord-
ingly Mr. Crane and Francis Newman were chosen deputies
for y« next generall jurisdiction coiu't, and to eontinew as
deputies for that service vpon any ocasion, till y^ clrasing
of deputies for the generall jurisdiction court to be held in
May next.
The Gouerner further informed the court that Sarjant Mun-
son is aboute goeing to Connccticote, to staye their this win-
ter, therfore the court maye consider whether it be safe for ye
towne to lett him goe, seeing Sarjant Andrewes is not at home.
The court thought it not fitt that he should now goe, but
)yGoo»^lc
482 NEW HAVEN COLONY RECORDS, [1649
desired the gouemer to iuforme them at Connecticote whom
it concenies, that it is not his neglect but the towne hinders
him for puhhque respects.
It is ordered that next fonrtli day ther he a view of armes
in y^ morning before lecture, and trayning in y afternoone if
it be faire, and if not, that tlien tlie traynuig be the next second
day following.
At a Generall Court foe Newhavgk tue 24''' op Septem-
ber, 1649.
Jii" Pondcrson, Jii" Moss & Nickholas Blsy had libbertie to
depart the court.
The Governer acquainted tlie court tliat the generall juris-
diction court have thought meete tliat provission be made and
in a readines for our defenc against the Indians,* and for a
goeing forth of men, if ther be ocasion, though they know not
what will he don till they baue advised w'h other colonies, for
w=h purpose letters are sent to them, but for y^ better make-
ing provission for ourselues, they haue laid a rate vpon tlie
jurisdiction, of 200', of which Newhaven is to paye 93': IQ":
OOd, beside ther pte of ther former i-ate, w^h was 70' : 07= : 00'",
both w=h are to be paide now p'sently, viz'' : one halfe by the
first of October next, the otlier halfe by the first of November
next following, to be paid either in money, beavour, good
wampom, or in wheat at 4=, G"", pease or rye at 3= : 6'', Indian
corne at 2= : G*', beefe or porke as they can agree w'h the treas-
urer. The court considered of what is propounded, and
ordered that 1 year and a halfe rate be paide forthw^h, beside
the ordinary rate diie in October next.
« Tlie gBDBral court of ComieolJcut, Sept. IS, 1648, laMug into serious oonaidoraHoa
what might ba done according to God in wny of ceTanga of tliB biood of John Whl6t-
moro late of Stamford, and well weighing all oironmetunoea together with the oaringe
of the Indians bordering therenpoii, in and abont the premises, declai'ed themeelvee
that they judged it lawful, and according io God, to maliewar upon thBin,tliej there-
fore desired the deputy goTeruor, Mr, Ludlow and Mr. Talcott to ride tlie next day to
New Haven, and confer with Mr. Eaton and the rest of the magistrates ihere about
Bending out against tlie Indians, and on Sept. 18th they sent out IS men to assist the
colony of New Haven. These spirited measures appear to have had the desired effect.
The^diana a.t Stamfbrd it seems Boon became psacaabie.
Trumb. Col. Rec. Conn. i. 197. Tmmb. Conn. i. IBS.
,Gooi^lc
1649] NEW HAVEN COLONY EECOHDa. 483
Further the gouemer informed the court that those whom
they appointed to order the watch and other thhigs of tliat
nature, haue done it, and for the p^sent while these dangers of
y« Indians continew, they thinke that the watch must consist
of 9 men, that is 8 and a watch master, all w^h are to bo at
y« place appointed halfe an hower.of sunsett at furthest, and
ys watch to be sett an hower after sunsett, and that 4 be sent
to walke the rounds on pte of y« night, and y" other at y« court
of gaurd keepe sentincU in ther course, and the other 4
walke y« other pt of y^ night, and them that first walked
keepe sentinell. The other orders of y^ watch, when it con-
sisted of 7 men, standing still in force. * They also tliiuke that
two squadrons com w'h ther armes vpon y« Habotli and other
meeting dayes, and that those whose turnc it is not to bring
armes, yett bring ther swords, and for neglect of bringing ther
swords shoiUd paye 12^ a time. They haue further ordered
that 20 cotton quilted coates, and 20 boxes for cartrages, and
20 knapsackes, at y^ townes charge. Oare also is taken to
gett lead that bullita may be made for j" townes service.
The drumer was ordered to beate the drum every morning,
halfe an hower before day, w^hiu y« square of y^ markit place
and in some of y'' streetes, and that the last watch call him an
hower before day and walke w^h him as a gaurd while ho con-
tine wes beating.
The drumer vas ordered not to beate the drum in y« day
time ypon his owne ocasions, that men that are abroadc may
not be disturbed w'li feares of an alarum wheu ther is none,
onely tomorrow and the day following he hath libbertie to
beate, to litt vp a drum for Stamford.
It is ordered that hencfoi-wai'd, during the troubles and dan-
gers w'h and from y^ Indians, if any pson or psons (hauing
ocasion to be abroade in or aboute the towne after the watch
is sett, wh shall be at furthest w'liin an hower after the sunn
is sett every night,) being required by y« sentinell or any of
ys watchmen Wh shall be appointed to walke y^ rounds to
stand, and shall refuse so to doe, but shall vpon the first call
runn away or indeavour to hide themselues or shifte from the
watch, or vpon the second or third call of any of y watchmen,
)yGoo»^lc
484 HEW HAVEN COLONY RECORDS. [1649
sentinel or other, shall not stand & speake w'li the wateh, that
he or they may bee kiiowne aiid examined if ther be cause,
but shall afront the watch and make from them, the sentinell
or watchmen in sneh ease, to secure the towne from danger,
and pticularly from Indian Btratagema and mischeife, are to
shoote at him or them tliat so Btnbbornly and siispitiously cary
themselues, and if tliey receive any hurt, they liaue brought
it vpon themselues, and the watchmen in such eases shall be
accounted innocent, hauing done nothing but what ther trust
and duty calls for.
It is further ordered that if those that walke the rounds
shall discover any danger by Indians or fire, & shoote of
[249] though but one gunn, it sliall be answered |jby the
sentinel, and y^ drum to beate, w^h is to lye at the prison,
and Nathaniel Kimberly to beate it vpon such ocasiou. Tlie
watch is also to cry ai'me, arme, or fire, fire, as the danger is,
this to be taken by tlie towne as an alarum, or if y« watch
should be liindered of shooting and yett cry as before, the
sentinel is to shoote & another pec at y^ court of gaurd, &.
y« drum beate, that y« towne may be raysed to secure tliem-
selues.
The Gouemer informed the court tliat the jurisdiction had
ordered tiiat the matters to be caryed on by a counsell of warr,
they left to himselfe and y^ magistrals and whome else ho
should call into tliem, w^h the court approved and confirmed.
It is ordered that 20 of y^ pikes that may be most fitt for
it, should be cut to make 20 halfe pikes of.
It is desired that the farmers aboute this towne would con-
sider how to provide for ther owiie safety in this time of dan-
ger, and that neither they nor any other leave ai-mes in ther
houses vnless they hide them, least y Indians breake in and
steale them ; and that men would be cai'fuU not to leave their
armes carelesly in y meeting house or elswhere.
It was propounded that some wood might be provided for
y" watch. The sarjants were desired to inquire who hath not
wrought in y^ markit place, that they might cut some wood
out, and in y« meane time y^ treasurer was to provide a loade.
)yGoo»^lc
1649] NEW HAVEN COLONY RECORDS. 486
It was propounded that some pauiiels or packsaclles might
be provided.
It was desired that men would be spareing iu shooting of
gunns in tho towne, least they should make those abroade
thinke thor was an alarum.
The watch was desired in ther walking y« ro^^nds not to
talke.as they goe.
It is ordered that a man being put into y« watch, if he hire
another to watch for him, it shall be such a one as y^ master
of the watch shall alowe of, and that he give the watchmas-
tcr notice beforehand, that if he like not y" man he may hauo
time to provide another, w*^h if y^ master of y« watch is put
to doe, it must be at y^ watchmans charge, thoughe he give
double paye and y" fine of totall absenc beside, if he neglect
to send a sufficient man or to give due notice, and y^ watcli-
masters were desired to see that they send not out two youtlies
together, but that one be a man in whoiu they may repose
trust.
It is ordered that vpon y^ dayes of publique meeting, a sen-
tinel should stand vpon the meeting house to discover any
danger that may be, and that eveiy night on of j° watchmen
bo sent vp ther two or three times to looke aboute and make
discovery of any danger by fire or Indians, or other danger
that may be espied. Aud Thomas Munson & Jervice Boykin
were desired to mend y ladder tliat they goe vp vpon and y
floure, both goeing to it and landing from it.
It wi^ thought fitt that when men shall goe forth against
the Indians, y' our Indians be sent for and warned not to
come to or abouto y« towne but vpon their per 11
It was propounded and debated that some co e n o^l 1 1 e
taken that fences might be made better, that sw e m ^,1 1 oo
abraade ; that some feild might be onely for pla t g In 1 n
come, and not plant Indian and English togetl e tl at y^
fene might be brought to a less quantity, that men might y"
better maintayne them. The court considered of the things,
and thought they were weightie aud of great concemmt to the
towne, therfore ordered to chuse a comitteo to consider and
debate these thuigs privatiy and prepare it against another
)yGoo»^lc
48f) NEW HAVEN COLONY RECORDS. [1649
coMi't. Tlie comittee chosen is the pticiilar court, and nne out
of each quarter, viz'', Mr, Tuttill, John Ooopr, WilUam Judsou,
Robert Johnson, Mr, Wakeman, William i)avis, Samuel Wliit-
head, Heury Lindali, Thomas Nash & Pranois Browne.
[250] At a Court held at Newhauen the 2'I' ok Octo-
RBR, 1649.
Mathcw Oamfcild was iined for want of some powder
last viewing day 12<^, and I'or not bringing his annes to
meeting one lecture day, 2^ Q"^.
Ilenry Pecke and Thomas Marshall for not bringing tlier
armes to y° meeting on day when it was their turne, was fined
each man, 2" 6''.
Widdow Tompson tooke oath tliat tlie inventory she for-
merly delivered in to the court, of her late husband, Anthony
Tompsons estate, was a just and true inventorie, to y" best of
her light Eind knowledge.
Bichard Miles, Williain Tompson and Mathew Camfeild
tooke oath that they prised the goods eonteyned in y same
inventorie justly, according to the best of ther light and
knowledge.
William Basset for coming late to his watch was fined 12''.
Lute Atkinson being liired to watch for Wilham Tompson,
and hauing seasonable warning, yet came to late, was fined
12''.
Robert Meaker for refusing to watch when he was warned
was fined 6'.
Saijant Munson was complained of for neglecting to give
out the bills of y^ watches in his squadron in season, wherby
the watch could not be full one night, and he seeing and con-
fessing it was bis mistake, told y" master of y« watch he would
come downe & see y^ watch made vp, but did not, nor can tell
any reason w^li might justly hinder his coming. The court
considered of his miscariage herein, and ordered that he paye
as a fine to y^ towne, 6^ 8'' .
John Bud passeth oiicr to William Tompson a pcoU of land
)yGoo»^lc
1649] NEW HAVEN COLONY EBCORDS. 487
lying ill y quarter called Mr. Lambertons quarter, w'liin the
two mile, conteyning 35 ac^ be it more or less, bounded on y"
east w'h the sea, the subverbea quarter on y^ west, betwixt of
William Jeanes and Thomas Lampson. Also 17 ac' ^ of med-
dow lying on y« Indian side, bounded by the sea on y" west &
north, Thomas Lanisons meddow on y^ east, and y Indians
land on y« south.
Thomas James passeth ouer to Richard Hull 6 ac'^ 1 quar-
ter of meddow lying at y« bottom of y^ necke next y" East
River, and 6 acres, a halfe & 30 rod of vplaad lying in y^
Torkslieir quarter by the towne side, y^ other side lying next
Mr. Yales lott, the one end butting vpon Robert Johnsons
lott; and 5 ac ^- 20 rod on y« other side the West River,
w^hiii ye two mile ; and halfe his proprietie in his second de-
vission, not yet laid out,
Thomas James allso passeth ouer to Robert Johnson the same
proportion of meddow and vplaud as before exprest to Richard
Hull, butted & boimded as y* is.
Robert Johnson, because he wanted some match, was fined
12'i.
John Knight, because his wrest was broake and his gunn
rnsty, so that they were both vnseiTicable, was fined 5*.
James RusseU, because he wanted some match, waa fined
12't.
John Walker, because his mans wrest was too short, was
fined 12<i.
Heniy Bristow, because the scabbard of bis sword was broke
so that the point caane out, w^li is dangerous, was fined 12''.
Richard Hull, because his sonn Jeremiah wanted worme &
scourer, fined 12*'.
Edward Granest, for want of worme, scoiirer & fluits, was
fined 18^.
Benjamin Willmot, for want of some bullits, fined 12'*.
Jeremiah Watts, for want of flints & a socket for his gunn-
sticke, fined 12'*.
James Clements, for want of 2' of bullits & a scourer, fined
2^ 6'i.
Samuel Hodgkins, for goeing into y*= watch-house and lying
)yGoo»^lc
488 NEW HAVEN COLONY EEC0RB8. [1641)
downe by the firo and sleeping, when lie ehoiild have stood
sentinel, was fined 5», and is not to watch for any man but
hioiselfe.
John Bishop & Joseph Waiters, for sleepmg in ther watch,
was fined each of them 2" Q^, and John Bishop, for sleeping
at another time in y^ watch, fined 2' 6'',
Jeremiah Osborn was fined 2= because he wanted 7 yards
of match, & is injoyned to provide himselfo forthw%.
Thomas Osborn senio', because the scabbard of his owiie
sword & of his sonn Johns allso, was fined 2'.
RJchai'd Percy paaseth oner to Thomas Kimberly his house
& barne, & home lott, conteyning 2 aC^ g, and 18 ac" ^ of
land in y^ necke, and Thomas Kimberly is to haite 20« out of
ys rent Mr. Malbon is to paye for that pte of the barne w«h
he hires tliis yeare.
[251] James Clements & Nickholiis Slooper wore com-
plained of for Yiifaitiifulhics in the watch, and for plotting
and contriving to make & maintayne a lye to hide & cover
this ther willfull miscariage, for E.icliard Hull being m*^ of y
watch, would not haue had them two goe forth together, but
they seemed not satisfied vnless they might goe together, haii-
uig, as he conceiveth, bine plotting the former part of y
night, (when he observed them buisie in private talke,) what
to doe, so he resolved to lett them goe together & watch them
to see what they would doe, and aboute 12 a clocke in y°
night he sent them forth ; they 'said tliey would goe downe
Mr. Eatoas streete, he himselfe followed them and saw them
goe du'ectly downe the other streete to Tliomas Meekes his
house, and went in at y" gate ; afterward he returned to y
court of gaurd and called Robert Tamadge, and they two
walked aboute y« towne and mett aboute Robert Bassets but
saw them not. After they cam in againe and sent forth
Robert Tamadge & Jn" Bishop towards morning, for y^ day
starr was pretty high, and they goeing downe the same streete,
when they came neero aboute Richm'd Becklyes house they
saw tliem coming, and heai'd James Clements say that they
would make them beleeve they had walked the rounds two or
three times, and accordingly when they came to y« watch-
)yGoo»^lc
1649] NEW HAVEN COLONY REC0BD9. 489
house, James began to speake discontentedly tliat they were
put to walke so long, as if he would liaue outfaced tlie mas-
ter and watclimen also, but they being caled to answer before
y« court to tliis charged vpon them, James Clements at first
denyed y= charge and said they did goe downe Mr, Eatons
street and walked the rounds, but Slooper being examined
said they went to Thomas Meefces his yard to eat peaches, and
after they both confessed they staide vnder y^ barne side
because it was warme, tlioughe they both say they walked one
vp to Thomas Wheelers and staide a while vnder y^ pailes.
They was asked why they agreed together to make and teU
such a lye, to hide and cover ther vnfaithfallnese in such a
trust comitted to them, and that in this time of danger.
Slooper said he did not first move it, and James at first said
he remembers not that he spake such words, but it being tes-
tifyed by Robert Tamadge & John Bishop, he owned y^ tiling,
and sd he confeseth it was his fault, and it was from y guilt
of his couscienc and. working of Sathan, and he desires to
be humbled before God for it.
The sentenc of y« court is, that for this miscariage of theirs
they be both whipped.
Mr. Baton infoi-med the eoiirt that he sometime lett his
farme to Robert Emry and Richard Webb, but Robert Emry
grewe weary and Richard Webb was very earnest to haue it
himselfe, and did take it vpon ye former tennes, but he kept
not y^ covenants, wherevpon Mr. Eaton told Richard Webb, if
he would not put in seeuritie to keepe his covenants, he must
leave the farme. Richard Webb at first was vnwilling, but
after consented to leave the farme, and they both agreed to
refferre matters of difFerenc to Jasper Ci-ane and Richard Miles.
After Richard Webb desired Henry Henrp Lendall might be
added, and the gouerner was content ; but beside ther is a
clear debte of 14' 16' 07^, due from Richard Webb to Mr.
Eaton, as appeares vpon accounts made vp betwixt them, but
when those three before mentioned had considered things and
drawne vp y« result of ther thoughts, Richard Webb was vn-
satisfied & said it should come to the court.
Richai-d Webb said he ownes the debte of 14i 16' OT'', but
62
)yGoo»^lc
490 NEW HAVEN COLONY KECOHM. [1649
his cattle are attached that he cannot sell them to paye the
debte. Hee was told that if w'hin 10 dayes he can procure
a chapman to buy so many of his catle as will payc this debt
to the gouerner, he shall haue his libbertie to make the best
of so many of them, for j° rest the attachment is to stand till
other differences be issued. Richard Webb declared himaelfe
freely -willing to it, and said it should be done.
Hee was further told that if it was not don in y° time ap-
pointed, Mr. Orane and Richard Miles are ordered by this
court to haue j« catle looked vp at his charge, and prise so
many of them as will paye tliis debt, to w«h he agreed also,
Richard Webb further said that for y« other differences he
doubted not but if the arbytrators would meete once againe
they should issue all matters, wherupou the court desired
them that they would take a litle more paines in it. They
were very vnwilling, yett were perswaded, desiring that Mr.
Evanc might be pf-sent, whoe behig a magistrate, might if ther
was cause give oath to the witnesses. To tliis the gouerner
agreed and desired it might be so, and Richard Webb prom-
ised before the court to stand to what issue these arbytrators
should put to it, as the gouerner had declared himselfe sun-
dry times before. This Richard Webb promised should be
done betwixt tliis & the nest court, at his care and charge,
else it must come to the court againe whoe will then issue it.
[252] At a Gbneeall Court held at Nswhauen the
Sth OF OCTOBEE, 1649.
The Gouerner acquainted the court that the coinittee they
appointed to consider aboute fences and swine have mett
twice, and doe thinke that swme may have libbertie to goe
abroadc for a month or 6 weekes, now while akehorncs last,
being well and sufhciently ringed and approved of by one
whome the court may appointe for that service. They thinke
also that fences may be reduced to a less quantitie, and that
that Wh is vpheld should be maintayned substantial! & suffi-
cient against hoggs or any other catle. They thinke that
)yGoo»^lc
1649J NEW HAVEN COLONY EEC0K1>S. 491
every mans swine should be marked and the marke of them
brought into a place Wh the court shall appointe, w'h every
mans name to his marke, vndcr such a fine as y" court shall
thinke fitt.
The court considered of the sevcrall things propounded,
and ordered that for 6 weekes from this day all swine, whether
belonging to farmes or towne, shall haue libbertie to goe
abroade, being well and sufficiently ringed, w*h on ringo in y^
midlo of y^ nose, w=h shall either be done by Jn" Coopr, or
approved of by him, whoe is to be viider oath to doe faithfully
therein. And whatever swine shall be found abroade, aboue
12 weekes old after tliis day vnringed, or not sufficiently
ringed, the owner shall pay for every swine IS^J for each de-
fault, and for them that arc vnder 12 weokes old, the damage
that they doe, if it be required. They further order that
every man marke his swine and bring in hia marke, w'h his
name, to Jn" Ooopr. And if after this day any mans swine
be found abroade vnmarked, to pay S^ 4^, according to y« juris-
diction court order, and if not brought in to Jn" Coopr, 12^
a swine, and whatever swine shall doe damage in meddowes,
the owner of y" swine shall paye the damage, because it is
supposed if they were well ringed they could doe none ther.
And it is further ordered, that if after 6 weekes time swine
shall goe abroade and doe damage, (thoughe ringed) the own-
er of y^ swine shall paye it, vnless he can prove the fence was
downe whor they went in, then y^ owner of y^ fenc to beare it.
It is ordered that all the fences w^h the severall quarters
shall agree to vphold and maintayne, shall betwixt this and y«
first of May next, be made substantial and stronge, both
against swine and other eatle, and if after swine (though ring-
ed,) shall bo found in any quarter or corne feild, the owner of
y swine must beare all damage, and if he can finde any fenc
downe where they did or might come in, he may releive him-
selfe from y= fence, as in case of other catle formerly ordered,
but if no fenc be found downe it is supposed they swime y^ riv-
ers (w'h must be at y" owners perill,) w"h are supposed and
alowed for a fenc in this case.
It is ordered that after on yeere no man shall plant Indian
)yGoo»^lc
492 NEW HAVEN COLONY BECOEDS. [1649
corne in any quartr by small spotts or pcells to y" prejudice of
y^ quarter Ynless it be by joynt consent.
It is ordered tliat wiien tlier shall be a meeting warned by
any quarter or q^^aTters, tlie aeverall proprietors tlieriii haue-
ing had 24 howers warnmg, if any of tliem shall neglect to
come to such meeting, the major pte of y" quarter being to-
gether, may & haue power from this court to conclude of any
thing w^h is for the publique good of y« quarters, proprietie
of land or other pticular interest of that nature excepted.
And foi" the more orderly caiying on of such meetings it is
thought litt and ordered, that when any of y" Yorksheire quar-
ter Ml Wikcmans quarter or Mr. Goodyears quarter, shall
'■ee cau'se of i meeting, Uiey shall repaire to Mr. Goodyeai'e
and mfoim him of y« cause of such meeting, and if Mr, Good-
yeare &ee cause, he shall give order to haue a meeting warned.
The ^ime is for y« aubverbes quarter and Mr. Lambertous
quarter, and if any of Mr. Batons quarter, Mr. Dauenports
quarter or Oyster shell feild, thinke ther is neede of a meeting,
they shall repaire to y gouerner and informe him, and if he
see cause he shall order a meeting to be warned. And for
Mr. Ro: Newmans quarter & that next wher Mr. Ceffinch
lives, they shall repaire to Mr. Robert Newman, and if he
thinkes ther is cause of a meeting he shall order one to be
warned. But it is desired that care may be taken that not
any two of these meetings be warned vpon on day, because
some men haue land in severall quarters.
The court granted to Lancelot Fuller the land lately grant-
ed to Jonathan Marsh, out of Mr. Eoes lot, vpon y^ same con-
ditions he had it, provided that they agree together that y^
rates for the time past be pd w'hout trouble to y« treasurer.
The Gouerner acquajnfced the court that ther is a differenc
betwixt tills towne & Totoket in y« bounds of y« lands betwixt
TS & them, w=h is to be reffered to arbytration. They haue
chosen Mr. Disbrowe and Mr. Leete of Guilford, and this towne
must chuse two out of another towne. The court agreed and
chose Oapt. Astwood & Mr. Tapp of Milford, & doe desire y"
for this service.
Leivtenaiit Seely was desired to remember when y^ magis-
)yGoo»^lc
1649] NEW HAVES COLONY RECORDS. 493
trats come to y= court, to speako tbat the bounds betwixt Mil-
ford and va may be sett forth w'hoitt delaye.
The comittee chosen the 10*'' of March last to consider
aboiite rates were ordered to meete vpon the fourth day next,
at three a clocke, that the buisnes aboute rates coroitted to
them may be forthw'li issued.
[253] II At a meeting of tlie pticular court in a private way
the 6'h of October, 1649, Thomas Whitway of Totoket charged
3 men, viz, the two Bartlets & on Hegbe, a yoimg man, that
they lying at Totoket or nere therabonte w'h tber boate to
mend it as they said, did shoote at and kill on of his the sd
Thorn Whitwayes swine, wh came downe to feed at y* watter
side. They confessed they had so done, but said they was in
want of provission and did it to supply ther neede, though that
appeared not, because they had Indian corne ahoarde & some
cliese. They said also that they intended to paye him for it,
but though they had time tJiey did not any way acqiiainte him
w'h it, till Thomas Whitway mising one of his hoggs & in-
quiring after it was told by Mr. Swaines sonu Samuell, that
he suspected these men had killed it, whervpon he went to
search the hoate, & hauing first inquired of them for liis swine,
they said they saw none that day, but the day before they saw
some wh went that way, but said not a word that they had
killed on of them till he told them he suspected they had
killed on of them & he was come to search for it; then they
said he need not search, they had it.
The court considered of the miscariag and it appeared very
foule, and tliey could not judg it any less then plaine theft, &
tlierfore ordered that the two Bartlets & this Hegbe pay to
Thomas Whitway double for his hogg, (w^h was by him, &
they owned it, vaUewd at 23=,) that they allso pay Thomas
Whitwayes charges, w^h he saith is 5«, and y' they pay to y^
marshall for his time & trouble aboute y buisnes 3» : i^, & if
Thomas Whitway should refuse to take the other 28 for him-
selfe, yet he must take it and give it to y^ poore of that towne,
and so be accountable for it.
)yGoo»^lc
494 new haven colony eecoeds. [1649
At a Genbrall Court held at Newhauen the 15"' of
October, 1649.
The Gouemer acquainted the court that tlie comittee they
appointed to consider aboute rates haue mett twice and con-
sidered of it, and in debate it was inquired bow rates are caried
one in other places, and to give light in the case, tlie law for
carying one puhliqne rates in y^ Massachusets, w^li is now in
print, was read & considered, (w=h was now also read in
court,) and the colrittee therin also advising w'h the elders
thought the way just and that it might suit vs and be followed
here, onciy they leave it to y courts consideration whether
houses and houshold goods should be rated, and for ti'adesmen
they thinkc sometliing should be done that may be equall in
waye of rateing them for their trades.
The court considered and debated sundry things in y« order,
and in y^ issue concluded and ordered, that the order of y
Massachusets for publique rates should be an order heare in
this towne, except in case of houses and household goodes, w=h
the court orders shall be forborne and not rated for this next
yeare, but if any man haue a house that he letts for rent, it is
to be vallewed at a moderate price, and if any servant come
oute of England at lowe wages, it is left to the comitteo to
consider wheither his master or he shall payc his polle money.
And seeing that labourers and handycrafe trades & seamon
are of divers sorts & conditions, some live more comfortably,
some less, some follow ther trades more & some less, ther time
being talcen vp more aboute husbandry wh payes another
way, that therfore a due consideration be had, and every man
justly rated as neere as the comittee can judge, and tliat other
men whoe trade in way of merchaudizing bee duely rated ac-
cording to ther trades and stockes they improve, as iLeere as
they can judge. And for makeing the matter the more easie to
the coihittce, the court further ordered, that seing the prise of
catle are already sett in j" Massachusets order and now con-
iirmed by this court, so allso they now set the price of all
lands belonging to this towne for y" yeare ensuing, viz'^, l^" an
acer for all vpland fenced in, tho necke also included, and 1^
,yGooq)c
Iti49] NEW HAVEN COLONY RECORDS. 495
an ac'' for all meddowea that any man Imth a proprietie in.
And that hetwixt, and y= fourth day at night nest, every man,
both at towne and farmcs, shall bring in to y^ men appointed
for y« q\iarter wher thoy live, or to w^h they belong, how
many catle thoy have of every sort abouo 1 yoare old, swine &
other. AUso what eatlo they haue killed already this yeare,
and how many ac' of land thoy haue fenced in in any place
belonging to this towne, house lott or other, w'h the quarter
where it lyes, also what meddow & what in y^ necke, vpon y^
penaltie of 2= : Q'^ for each default. And to hasten the huisnes,
(because y^ yeares rate ordered to be pd tlie first of Nouember
next is now ordered to be pd by men as they shall he vallewd
this way,) the court chose a comittee W^h are hereafter men-
tioned, whoe are to meete vpon the 6"" day next at 4 a clocke
in yo afternoone, to consider & drawe vp y^ severall rates wh
they thinke every man should paye, and then to p'sent it to
y gouerner and magistrats, whoe are to consider of it, and, if
thoy fiude it just, pass it, but if neode be, vpon any mans just
complainte, they haue power to releive him.
The comittee chosen for this worke of rateing are two men
out of each quarter, vizi^, Mr. Tuttill, Francis Newman, Mr,
Gilbert, Mr. Crane, Leivtenant Seely, Henry Lendall, Hichard
Miles, William Davis, Mr. Wakeman, William Fowler, Mr.
Atwater, Mr. Powell, William Judson, Mr. Oeffineh, Mr. Ling,
William Audrewes, William Tompson, Samuell Whithead,
Thomas Munson, Francis Browne.
John Basset was spared from watching for y^ p'sent because
he is lame by a fall that he had, so that he cannot watch him-
selfe nor worke to inable him to hire, but promiseth if God
inable him to his laboure he shall hire a man.
[254] II T!ie Gouerner read to y^ court the order made in
y^ Baye aboute bakor, W^h the court approved of and y^ bakers
wore desired to consider of it against another court.
The order made ther concerning customs sett on wines was
allso read, but respited.
Mr. Evanc desired that Jeremiah How might haue libbertie
to brew beare to sell.
)yGoo»^lc
NEW HAVEN COLONY RECORDS.
It was desired by some that y^ watches might he lessened,
but the court voted that tliey should contiuew as they are.
At a Court held at NBWHAUE>f the 6^^ op Noubmbeb, 1649,
Matliias Hitchcocte for refusing to watch when, ho was sent
for hy the sarjant to siipplye another mans place, according to
order, was iined 6^
Thomas Osborn senio'' for ahsenc at two generall courts as
himselfe saith, was fined two shillings.
John Coopr complained of Thomas Osborne for letting 4
hoggs of his goe abroad in y^ summer for the most pt, contrary
to order. Thom Osborne could not deney it. The court or-
dered tliat lie paye to John Coopr ISi* a hogg, w^h is 4'. Fur-
ther John Coopr complained of him for not caryiiig in to y.
man appointed for ther quarter, the number of y* aC' of laud
he planted or sowed last yeere, as it was ordered he should,
Tlie court ordered that he paye to John Coopr the double as
it was ordered in that case, w=h is 4'^ p ac,
John Coopr complained of David Atwatter and William
Wooden that their hoggs went abroad in y^ summer contrary
to order, and that tliey haue not bine ruiged, according to y^
last order, till now w'hin this two or three dayes. The court
witnessed against their disorderly walking, and they are to
paye to John Coopr for each swine w"h he found abroade of
theirs, 12^, and for each swine not ringed & marked according
to order 12''.
John Tompson was complained of for sirffering his hoggs to
goe abroad in tlie summer contrary to order, and that they
liane not bine rhigcd according to the last order. John
Tompson said it was before he had cliarge of them tliat Jn"
Coopr tooke them, and offered his owne, his wives & Jn°
Wakefoilds and his wives oathes to cleere it. The governor
said if they would all testifie that vpon oath he would paye it,
so that that pte was refferred as not cleere. But the court
ordered that what hoggs John Coopr hath taken of John
Tompsons abroad contrary to order, at other times, or not
)yGoo»^lc
1649] NEW nAVBN COLONY RECOKDS. 497
ringed & marked according to tlio last order, he should paye
to John Coopr 1'2,^ a pcco.
Edward Parker desired that he might be freed from his in-
gagment concerning the house & lott, and land w^h was John
Pottercs and is securitie for the chilldrens portions, for he is
■willing to leave it to the court to dispose of otherwise. He
was wished to eaU vpon y« secretary to search for y agreement
concerning that matter, and come to y« gouerner to prepare it
for the court.
Mr. Leete and Mr. Jordan atturneyes for y^ towne of Guil-
ford, declareth against Thomas Standish of Wothersfeild for
certaine rates due to the towne of Guilford from y« said Thom
Standish for a lott he possesseth their, w^h rates, beside
what is due towardes ministers maintaynanc, is aboute 57*^.
Thomas Standish said he had nothing to doe w'h the rates, he
changed his lott away, and hee that had it vndertooke to paye
the rates, and he tendered them and they would not be re-
ceiTcd.
Mr. Leete replyed that tlie court hath bine acquainted w^h
the nature of y« exchange in Wrights case of Guilford, and
haue judged it a nuUitie, They were asked if Thom Standish
was admitted a planter that he might know ther was such an
order in y^ towne tliat lotts should be sold to none but such as
y« towne approved of. Tliey answered that he desired not to
be a planter, but if he had they had nothing against it but he
might, but for his knowing of j" order, Mr, Jordan tesfcefied
that he acquainted him w^h it, and that the towne, would not
accept of Wright to possesse such accomodations as a lott of
500^, for he was not able to payc the rates of a 50' lott, much
less would he of one of 500', this Mr. Jordan would haue
taken oath of, but Thomas Standish deneyed it not, but said
they required rates yett improved j° land. Mr. Leete said
no, but ys case was tliis, that ther being a pece of meddowe of
Thom Standishes w^h laye amonge other meddowe, and none
appearing for Thom Standish to devide, the other made vse of
some of it, but yett Thom Standish cannot saye wh pte is his.
The court hauing heard what both pties haue or would say,
ordered that Thomas Standish paye to y^ towne of Guilford
63
)yGoo»^lc
498 NEW HAVEN COLONr RECORDS. . [1649
the rates due to them for y^ lott he hath ther, beside y«
charges of this court, & to doe it p'sently or give security to
doe it, that y** court be uot further troubled aboute it.
[255] II John Budd paseth ouer to Richard Hull 7^ ac ° of
land in y* necke, and If ac" at Oyster poynt
Bichard Hull paseth ouer to John Budd 11| ac'^ -i lod of
land in y second devission on y« west sid betwixt the land of
John Budd & William Jeanes.
Richard Webb was called & asked if he had attended the
last courts order and his owne promise iu lookmg vp the catle
& issuing the buisnes depending betwixt the goupinei and
him, he said ho had not done it because of some hmdeiancb,
ptely by Mr, Bvanc being from home, ptely by the court of
niagistrats, & ptely because of some occasions Goodman Miles
had, but if ye court please, he shall now apply himaelfe to it,
and if it be fajre weather, will goetomorrowe to seeke y" catle,
and will indeavour to gett Kester Luptou who knowes them
best to come & help to distinguish them one h-om y" otiier,
and will call vpon the arbytrators to issue the buisnes.
Vpon condition this might be done the court were willing
to forbeai'e any sentenc, and agreed to haue the arbytration
issued the next second day.
It is ordered that the outside fenc of y" feild first fenced in
at Stoney Eirer sliould be measured and y^ ntunber of ac'"
inclosed cast vp, and so eveiy man to beare equally according
to y= laud he hath fenced hi, w=h the court desires John Brock-
ett may doe, &to be pd by y^ owners of y'' land in proportion.
Isacke Beecher was warned to this court about the defect of
Samuel Tarnea his armes, (his servant,) but appeared not.
He is to be warned to y^ next court to show reason why he
came not now, for ther is appearanc of contempt in it.
Thomas Moris was complained of for neglecting his watch.
Answer was made he was not well. It was replyed tliat he
was aboute his occasions tlie day before, and went to Connect-
icote the day following, and it was strange he could not watch.
James Bishop the master of y^ watch said he knew not of it
till w^hin night, and then he could not gett one to supply his
place, but some of y^ other watchmen w'-h caried on pt of his
)yGoo»^lc
1649] NEW HAVEN COLONY RECORDS. 499
worke expect to be paide. It was said that Thom Moris
would haue liired fchoughe lie had given double paye, but
could gitt none.
The court ordered that Tliomas Moris payc for this neglect
2a Qd^ ^4^ is to goe 12^ to J" men wh supplycd pt of his
watch and IS^i to y^ towne.
Henry Morrell, for want of a scoverer & some powder, was
fined 12^.
Henry Hiimerston, for want of a sword & a wrest, was
fined 2' 6<i.
[A Geoeral Court for the Jni'isdicljon was held at New Haven on the Jtli of Novem-
bev, 1849, at whioli snndry " capital luid other lnwas and orders " wore nmde, as we
learn from the reuords of the town of Guilford.]
At a Generall Court fob Newhauen y^ 12'1i of
November 1649.
The orderes of the last generall court for y^ jurisdiction
were reade,
Mr, Thomas Yale and John Beech had libbertie to deppte
the coitrt.
The seTerall notes drawne vp by the comittee appointed for
assesing of rates were read, in w^h notes some tilings were
considered ; first whether the shipp Fellowshipp should be
rated, and y^ court ordered that she should be freed for this
time ; in w^h notes also are sundry men rated for trades &
merchandizing, but some objected against what was sett downe
by the comittee, as Mr. Evanc, Mr. Atwatter, Mr. Goodan-
housen, & some for Mr. Westerhousen & Mr. Allerton.
The court considered of what they said, and w'h ther con-
sent that were p^sent, ordered that Mr. Evanc paye for trade,
beside what he payes for other estate, for on single rate, after
ye rate of 550', Mr, Atwatter for 400', Mr, Goodanhousen for
3001, Mr. Westerhousen for 500', Mr. Allerton 20= for a single
rate.
It was voted that Llie land w'hin y" fence, on this side y
)yGoo»^lc
500 NEW HAVEN COLONY RECORDS. [1649
Bast River paye, till by agreement the fence is laid downe &
fie land be laid common.
John Bassett propounded that tlie court would free him
from payeing his poll money, because he is lame by a fall &
cannot worke, the court inclined to doe it for the pi'sent, till
God shall inable him to his labour againe.
The G-ouemer propounded to the court that Leivtenant
Seely might haue some help from y* towne to buy Robert Bas-
settB house, for he is uow resolved to staye here & to follow
his trade of shooemakeing, and shall not remove vnless y«
towne be satisfied that God by his providence calls him away.
It was propounded to know what the sarjants haue done in
y« buisnes comittod to them concerning Leivtenant Seely, but
they hauing done little in it, it was propounded by some that
[256] those of y^ towne that ||were p'sent would speake
what they would give freely, and sundry did speake, Wh
amount to a some of 16 or 17', a note of y« pticulars wherof
was given by the secretary to Leivtenant Seely, and the sar-
jants were desh'ed to speake w'h tliose that are not p'sent,
to see what they will doe.
The court was acquainted by the deputies for the juxisdio-
tion general! court, that ther is a certaine quantity of powder
& lead, match & gunus to be provided, according to the juris-
diction coiirt order, w^h will amount to neare 50', and some
course must be taken to pi-ovide them, the furthest time being
the 24"' of June next. It was thought best that they might
be sent for to England, and Mr. Evanc offered that if the
towne would delr in pease to him, at y« rate sett by the juris-
diction, inough in quantity, as neere as they can gess, to pi-o-
cure them, and that w'hin three woekes or a month, he will
vndertakc to provide them for the towne by the time appointed,
and they shall haue the things as they cost in England, the
towne beareing the adventure too & froo.
The court considered of y« proposition & accepted it, and
ordered that every man in y° towne paye two thirds of this
single rate in pease to Mi-, Evanc, 3' 6^ p bushell, and to
eaiy them in to Mr. Evanc his wai-ehouse vpon some lecture
day, the last of w^li lecture dayes being the 12*li of Decem-
)yGoo»^lc
1649] NEW HAVEN COLONY RECORDS. 501
ber next, each man for neglect to paye the double, and seizure
p'^seritly to be made, that the worke be not hindered ; no man
carying any od measure less then a pecke.
Wilham Paine propounded to y« court that ho might be
freed from bringing his armes one y*^ Lords day and lecture
dayes, because he lives farr of and hath three small children,
and his wife is lame and cannot help to bring y^ children.
The court voted that so long as his wife continewes lame he
be freed.
It is ordered that tlic planters w"h hire Oystershellfeild doe
laye it into common w'h the quarters next it, and fence in
proportion w'h them, by the aC, and tliat they from time to
time maintayne their severall proportions of fence substan-
tially, and so leave it to the towne when ther time is out, and
vpon that ground the court allowes them to take awaye the
fence allready made, w«h is propr to that land they hold, and
free them from payeing the last yeeres rent to y towne, and
that Fi-ancis Browne haue that peco of meddowe beyonde the
ferry house, to make and maintayne a good sufficient fenc
from y corner of widdow Knowles his fenc, downe into y
flatts, so farr as catlc may not goe aboute to doe damage.
Jeremiah How desired & were licenced to drawo stronge
watter, vpon y termes of y^ jurisdictions order in that case,
and was wished to be carfull to kcepc good order.
Mr. Ling & Jervic Boykin were chosen collectors for the
coUedg come for 1 yeere.
The Gouerner informed j" court that Sarjant Munson doth
expect the towne should allowe him something, because tiiey
kept him from goeiug to Oonnectieote to worke, w^h was a
hinderanc to him. The com't considered it, and in regard he
attended his owne occasions at home, and what he did for y^
towno was pd for it, they voted to allow him nothing.
)yGoo»^lc
502 new haven colony records. [1649
At a G-en'-all Court for Newhaven the 29'1i op November
1649.
The GoTieraer acquainted the court that be heares rates are
not pd according to order and expectation, nor the pease car-
ied in to Mr. Bvanc as it was thought they would ; also he
beares tlmt tlier is some vnsatisfiednes iu some men because
that bouses are not rated, and therfore the polle money will
come the oftener, therfore the court might consider what to
doe. After much debate, the court ordered tliat aU bouses
belonging to this towne sliall be rated after y^ rate of 10 yeeres
purchase, being vallewed at a moderate rent by the coniittee.
The court was informed that simdiy of the comittee for
rates bane neglected to meete when they haue had due wai'n-
ing, for wh the court blamed y"", and now ordered that when
a comittee is appointed for publique buisnes, and shall haue
due warning, tliat is, 24 howers, or y^ evening before the
comittee is to meete, and shall not come, biit be absent, shall
paye to the towne 3' for each default & ISii for late coming,
that is if they etaye aboue baife an hower after the time ap-
pointed, and y« major pt being mett are to conclude the buis-
nes in band.
[257] |)Nathaniel Meriman and William Russell are chosen .
for this comittee for rates, in y« roomc of Thomas Munsou &
Francis Browne, because the one is not at home, and the
other cannot attend it because of the ferry.
It was propounded whether that Mr. Hitchcockes & Mr.
Hawkins lotts should not paye as absent lotts, that is, as they
did before. It was considered and voted that for this yeere
they paye after the new way of rateing, that the ownei's may
be informed, and then the coui-t jvill consider it againe.
It is also ordered that Jolm Brocket, Thomas Barnes, &
those that bane M''^ Eldi-eds lott at farme, and those that bad
land granted tliem at towne and farmes out of y^ absent lotts,
should paye as others doe after this new way of rateing.
George Smith propounded for a small pece of meddowe, 2
or 3 ac'■^ W^h lyes where Mr. Lambertons meddowe lyes, and
is aboue bis proportion. The court granted that if after
)yGoo»^lc
1649] NEW HAVEN COLONY RECORDS. 503
Ml-. Lambertoiis is laide forth ther be so much lel't w^h be-
longs to no other, he should haue it.
William Andrewes propounded thathimselfe &. John Cooper
Wh some others w=h formerly propounded for the neeke of
laud and meddowe adjoyuing to it next the sea, ■w'=h is on ye
east side aty« harbours mouth, might he granted to them. He
was asked vpon what temies they desire it. He said that they
might liaue tlie necke pecular to themselues, & the meddowe,
and they would paye as others did for it. He was told that if
they had it as ther propr right, that none may common w*h
them, then they must paye' foi" the whole necke as inclosed
land, but that they were not willing to doe. Further they were
told that the towne expected tliat it should be improved for y
getting of corne, that y^ towne may hauc a benefit by it that
way, he said they did intend it, but cannot doe it suddenly-
After much debate spent, the farmers already at Stoney River
plead ing what ucedethey had of it, it v/aa refferred to further
consideration, that William Andrewes might speake w'h y^
rest aboute it.
It is ordered that the 16 muskits to be provided for tlie
towne, are to be procured heare by turning match-lockes into
fire-lockea, w«h the gunnsmithes offer to doe vpou reasonable
termes, and now this being taken of and houses added, the
towne is to paye into Mr. Evauc in pease, biit one third pte of
a single rate, w^h is to be done vpon y« same termes as wa^
before ordered.
Henry Morrell desired that he might be fi-eed from trayning
w'^h a muskit, because of some defect in his arnie, the court
left it to Leivtenant Seely, but injoyned him to keepe his
armes.
Robert Joluison desired that he might haue libbertie to
make a well in ye streete, neere his house. The court fearing
some danger might come by it, propounded that he and his
neighboius joyning w^^h him would put a pumpe in it, wher-
vpon he tooke time to speake w'h them <fe consider of it.
It is ordered that every souldiour in ye towne shall provide
himselfe of a goode home Wh will hold 1' of powder and iit-
ted to weare for sei-viee, and a bagg for bullitts, and every
)yGoo»^lc
504 NEW HAVEN COLONY RECORDS. [1649
eouldiour comeiiig to show armes w'hout sucli a borne & bagg
fitted, siiall paye as in case of othe defect of armes, this to be
done by the next showing day, and so to continew furnished
from time to time.
It is ordered that swino, after a weekes time, be kept vp as
before ordered, vnder y" same penalty,
Thomas Lampson being called to answer to something y
court had to say to him, was not p^sent, whervpon y^ m'shall
was ordered to call for his fine.
John Coopr ppounded for a small pece of meddow in y=
mill river meddow, but notliing was don.
In the monthes of December and January ther was no
courts, becaxise no buisnes was pi'sented, though the court
attended ther some tune.
P, N. 1649.
)yGoo»^lc
Page 20, line 16,yi>r oliuroii esof, read churohea of.
Page 140, line BO./or Sam; Farres, read Sam.; Farne3.
Page 163, Tine IS./oi' page 1B4, rearfpage [104.]
Page 3B0, line 27,/oc Bobret, read Robert.
)yGoo»^lc
ItatB of Coutiutirnt, 00.
Secrelary's Office.
3 Ijertbj) CCrttfp, that I have caused the prmtod matter
contained in the foregoing pages of this volume to be carefully
compared with the original Eecord, and that the same is a
true, full and literal copy thereof.
In tc0tiinon)l VMl)Ereof, I have hereunto set
L, S. my hand and the seal of the State, at Hartr
ford, this 9th day of April, A. D. 1857.
N. D. SPEBRY,
Secretary of State.
,yGooq)c
APPENJDIX.
The following letters, with one exception, are from a volume in tha olfice of tin
Secretary of the State of New York, enilorssd, "New York Colonial MSS. (Neh
Nelherlaiiil,) yol. XI. Tlie letter marked I, is from tlie files of the Commonwealth o
Massachusetts, at Boslou.
GovEENOE Eaton to Govebnor Stutvesant.
The first letter of Mr, Eaton, being supscribed,
To the Right Wors" his much honoured friend Tho : Steuen-
aon Esqf, Generall of the forces for the West Indie Com-
pany, & Gouernour of the Dutch Collonye att Maiihataus,
Eight Wor" & mucJi honoured S-^
Yours of the 20^'' of June new stile, I haue receiued, &
congratulate yo'' saufe arriuall att tho Manhatans, with your
accesae vnto, & settlement in tliat weighty trust of goiierm^
I readilie close with your equall proposition of a neighbourlie
correspondencie, that justice may haue a full & free passage
in all occasions betwixt ts ; & particiilarlie, that if any either
breake prison or flie from one of these iurisdictions to the
other, wlieather to defraude creditoxirs, or to escape deaerued
punnishment, hee or they, vppon due notice & demand, may
be apprehended, deteined, & retounied, w'"! due allowance of
charges, as the cause may require, & accordinglie haue by
our Marshall haue made serious enquirie after Michaell Pitet,
the malefactour yow mention but cannot yett heare of him. If
in such causes hereafter yow please to describe the pson, by his
natio: his age, stature, apparell, or by any other obseruable
markes, the discouerie may be more easie and certaine, such
guiltie fugitiues (fearing a pursuit) being apt through a guile-
full subtiltie to change & denye theyre names, & the place
from whence they came, but if any suspected stranger come
heather, I shall indeauour by examination to plucke of the
disguise, & if it may bee to retoume yo'' prisoner. With my
due respects to your selfe & Mouns'' Kieft I rest,
Yours in all seruice of loue,
Theophilus Eaton. .
Newhauen, June the 1^'^, 164T, St: Angl:
)yGoo»^lc
508 APPENDIX.
B.
Governor Eaton to Govebnor Stuyvesant.
2 letter, To the Right Wor" Peter Styvesant Esq: Goueru'' of
the Dutch plantation att Manhatans.
s--
By yof agent Mr. Gonert I reel two paps from yow, the one
sealed, the other open, but neither of tliem written either in
Lattin, as yc predecessour vsed, or in English as your selfe
hauc formerlie done, both to me, & to the other Collonys, but
in Low Dutch, whereof I vnderstand little, nor would yo' mes-
senger though desired interpret any thing in them, soe that in
pte att least they must lye by mee, till I meete with an inter-
preter.
In the meane tymc, as formerlie wee were sensible of sundrie
wrongs, & protested against yo'' predecess'' Mouns' Will : Kieft,
soe I hereby witnes against yonv vnneighboiirlie & iniurious
course, in seuerall writings which I haue seene. Witliout
gPounid] you pretend title to tlie land in these ptes, one while
from Deleware, to Connecticut Eiuer, & another while you ex-
tend yo' limits further, euen to Cape Cod, from whence
drawing any line landward North or West, yow wholy take in,
or trench farre m to the limits of all the Vnited English Col-
lonies, who by lycence & auntient pattent from King James,
of famous memorie, since conlirmed by his Maiestie that now
is, first came into these ptes, & Tppou due purchase from the
Indians, who were tlie true proprietours of the land (for we
fownd it not a vacuum) haue built, planted, & for many
yeares quietlie, & without any claime or disturbance, from
the Dutch or others, posessed the same.
And now latelie in a ship belonging to Newhauen, as bought
by Mr. Goodyeare, yow haue sent armed men, & (without
lycence, not soemuoh as iirst acquainting any of the magis-
trates of this Jurisdiction with the cause or grownds thereof)
ceised a shipp within our hai'bour, and though Witt: Wester-
bowse, the Dutch merchant, & without our knowledge, before
treated with yow, & then offered the recognition, which in a
former writuig to him, yow seemed to accept, yett your agent
refused it, & protested bee would carrie away the ship,
Whereuppon I did first protest against him, & the Generall
Ooui't considering how highlie tliey were considered m the
premises, though they would not meddle in a controuersie
whicli belongs not to them, much lesse defend any knowne
)yGoo»^lc
APPENDIX. 50a
viirighteousnes, & though they desire to keepe peace (as farre
as may bee) with all men & particularlie with theyre neigh-
hours of the Dutch plantatirt, yet they fowud it necessarie, &
resolued by all iuat meaiies, to asist & vindicate theyre right,
in Newhauens lands & harbour, & theyre iurisdiction of
both, that themselues & posteritie be not, (through theyre neg-
lect,) inthrailed & brought vnder a forreigne gouerment, by a
ceisure made in theyre harbour vppon such an vnjust claime,
the court conceuing it free for them, according to the laws of
God & nations, to entertaine trade brought vnto them,
wheather by land or sea, without enquiruig into the priui-
lidges of forraigne companies, or examining wbeatlier recog-
nitio he due, or paid in another countrie, nor is propahle that
your selfe, if an English ship or ve^ell bring necessarie proui-
sions to the Manhatans, will he soUicitous wheather custom be
pii in England.
Wlierefore, wee haue protested, and by these presents doe
protest, against yow Peter Styvesant, Gouem'' of the Dutch att
Manhataes &c; foi' disturbing the peace hotwixt the Engl: &
Dutch in these ptes, which hath bynne soe long & so hapilie
maintained betwixt the two nations in Europe, for obstruct-
ing & hindering those passages of justice & neighbourlie cor-
respondencie, which yo"' selfe haue propownded & desired be-
twixt the Engl; Oollonies & y= Dutch plantations, by making
vniust claimes to our lands & plantations, to our hauens &
riuers, and by taking a ship onte of our harboiu', without our
licence, by yo^ agents & coinission, & wee hereby professe that
what further iuconuenience may hereafter growe, yow are the
cause and author of it, as we hope to cleere, & proue before
our superiours in Europe.
Dated in Newhanen in New England this 8th day of Octobf ,
1647. stil: vet: Theophilus Eaton.
C.
OovEitNOR Eaton to Governor Stuyvesant.
Mr. Eatons S'' letter, in answere of those in Dutch & one in
English sent with the predecent,
Sr
Since the two former papers mentioned in the inclosed, I
haue by yo' fiskall rec^ yo'' letter dated Octobr the IB"" new
stile, though I doc not fullie & particularlie vnderstand the
)yGoo»^lc
510 APPENDIX.
contents of the former, yet the sownd & sense of them are
offensiue. In the former pte of yo'' letter I could close, & as a
reall friend of righteousnes & peace, (yppoii your ingagem' of
doeing like offices of loue and justice as opportunitie serueth
to all the English Collonies) could wiUinglie giue an example
of neighboxirlye correspondence and respect in returning your
fugitiues, hut protests & threatniiigs are ill arguments to
drawe on performances which are free & of courtesie ; when
therefore yow interpret your meaning, that it may passe and
be receiued as a neighbourlie office of loue, without expecta^
tion or implication of any authoritie on your pte or subordi-
nate in ours, I shall readilie deliuer the prisoners, to any yow ■
shall appoint to receiue and discharge them, in the meaiie
tyme yow were misinformed when yow heard tliey walked free
in our plantacio, yo' agent was present when I first sawe &
committed them.
Concerning the latter pai-te of yC letter, I know that
princes and states in amitie haue somtymes by power ceised
ships in each others harbours, the English (yow say) ceised
some of the Fi-ench in yo' ptes, and the Hollanders haue prob-
ablie seised some of the Spaniards in the English harbours, but
this reacheth not tlie question, an iniurie against the which, I
did & still doe protest, that without any iust grownde, yow
should first pretend title to the lands, streames, riuers, etc:
truly belonging to the English Collonys, & by them many
yeares quietlie, & without any question, claime, or intimation
of title from others, lawfullie poaessed & planted, & then giue
coraission vnder that respect & consideration, to seise a ship in
one of theyro harbours, witJiout lycence, this, thus done
would haue giuen ofience in any pte of Europe, or of the world,
and were this iustlie cleered, I hope all other questions betwixt
vs might issue to mtituall satisfaction, in expectatio whereof I
rest as formerlie. To*' lo : friend
Theoph : Eaton.
Newhauen in New Engl ; this 16'i' of Octob'',
1647, St: vet:
)yGoo»^lc
APPENDIX. 611
D.
Deputy Goyernoh Goodyear to Governor Stutvesant.
This followeiug was sent by Mr. Goodyeare, Deputy Gouern''
of Newliaueii, &. directed to the Bjght Worll P. Styvesant
Esq;, Gouern'' for the West Indie Company.
these present att Manhatans.
S'-
Toi's of the 16"' present is come to hand, wherein yow
take notice of fauour to yow in taking the thre fugitiues, &
promise as opportunitie shall present, to doe the like for vs,
but I suppose yow would better consider it, then to send vs
any pson of ours (with yow) wee claiming him or them, as
from our owne Jurisdiction, but I haue what may bee spoken
in that poyut to further information from our Gouern'.
I fnrtlier pceiue yow are informed of our discontent in tak-
ing awaye the sMp oute of our harbour, yo' Capt' knowes
wee carried it with loue A respect to him, & without any ap-
pearance of discontent, when hee shewed yo' coiniseion ; and
S', if wee had bynne greived or offended, we had a full oppor-
tunitie to haue righted ourselues, yea, if we would haue giuen
libertie, &. ourselues not haue acted, yow had failed of your
purpose.
But that which moved vs, (and doth offend vs att this pres-
ent,) is that yow, in a letter to Mr. William the merchant,
write that he was in your harbour, the whole towne taking
notice of that claime did forthwith resohie to stay the ship,
and accordinglie attempted it, but to late, for allthough neigh-
bourlie correspondency e is desired and will ener be indeaiiored,
yett the English in these partes will not easilie be brought
vuder any forraigne nation, nor loose theyre lawfull rights,
and priuilidges not only purchased of the true proprietours,
the Indians, but aUsoe by pattent from the King of England
many yeares since, yea, allsoe our Grouern', Mr. Eaton, is all-
soe a pattentee of that graunte to the Bay of Boston; & it is
well knowne to most that o' friendship with the state of Eng-
land, & theyre fauour to vs, is as free & as full any in New
England, & we came with theyre full consent & approbatio, &.
more then ordinary incouragement ; wee purpose, neither
haue we any thing in our heai-ts but loue & neighbourlie cor-
respondencie with yow ; & in nothing are, nor I hope shall bee
iniurious to yow, or any of yours, but if we shall be requited
with the contrary, I doubt not but through Gods asistance, yow
)yGoo»^lc
512 APPENDIX.
will fiude ^s able to maiiitaine a' iust rights, and not in the
least to feare the sword or threats of any adversarie, but if
yow still desire any neighbourlie correspondence, (as you
desired it when I was with yow,) yow shall finde us ready to
our vtraost. I am in haste, your seruant calling for my letf;
only one word to desire yow to send me 50 or 100 skipples of
salte, and to fetch yonr beefe and porke ; 1 doubt I must pres-
entlie kill the beefe, for it wUl fall dayly. I cannot yett gett
or procure men to thresh come, but I shall further it soe farre
as I may ; your fiskall hath only receiued 25 gild'^ I prof-
erred him what euer hee desired, but it was what hee would
accept for his present occasion, soe in gi-eate haste, desiring yow
to excuse my scribling, I rest.
Yours in what I may,
Stephen Goodyeare,
Not dated, but it came with the iiskall
witli the other two of Mr. Eaton.
E.
GtOVBRNOB StUYVEKANT TO GOVERNOR BATON.
The answere to Mr. Eatoiis letter, being directed to the Right
Worsh" Theoph : Eaton, Goueniour of Newbauen.
Yours of the 15"" of Octob' st ; vet : I receiuied ; the ob-
stacle is yof misenterpreting of some passages in myne to yow,
for the cleering of which & remouall of ^1 doubtes & ieal-
ousies, I hereby declare, I doe not in any measure desire either
to usurpe vppon your right, or assume vnto my selfe any
power or gouerm* ouer the English there ; but as I haue for-
merlie writt to yourselfe, and others, 1 am, (and hope shall
soe coutmue,) as studious for the preservation and encreasing
of loue and amitie betwixt your nation and ours in these
ptes as any, of the which I suppose you cannot be ignorant,
in my propositions to my worthy friend, Gouernour Winthrop,
the which I shall on my parte be ready to make good and giue
pregnant testimonie to the world of my readines & wilhngnes
of a faire and neighbourlie composure of any difference be-
tweene vs, (God blessing) our ioynt meeting with the comis-
sion" when the tyme shall be appointed.
For what have I either written or done, that may seeme
offensive to your self, or any other impartiall wise man, I as
)yGoo»^lc
yett am ignorant, for I suppose they cannot but knowe, that
(as I am deputiecl by authoritie from my souereigne Lords
and masters, the Higla & Mighty, tlie Estates Generall of the
Vnitcd Bclgicbe Provinces, soe to them must I giueaceompte,
and by them be adiudged in whatsoeuer shall appeare amisse
in any action or passage of myne ; and should I, in the least
measure, transgresse in the observation of theyre commands,
yow well know my lyfe, estate and reputation lyes att stake and
must answero, and therefore for whatsoeuer I haue done con-
cerning my countriemen in my eupprising theyre ship there,
they may haue recourse to the Justice of theyre natiue land,
and I shall not only deliuer them theyre coiniasiou, but the
coppie allsoe of all our proceedmgs heere'against them, and for
my threatning of any belonging to your Jurisdiction, I sup-
pose yow ai'e either misenformed or mistaken; therefore I
shall entreate your delxuerie of the fugituies to this bearer,
our commissaries, your charitable opinion both of my actions
and intentions, your compliance, & correspondent neighbour-
lie respect from one to the other, a leauing of all altercation
on eitlier side, but a ioynt indeavour in va both for the full
effecting of all mntuall offices of loue, and composing all dif-
ferences, att our ioynt meeting in the spring with oiir worthy
friends, the Gouernours of Boston & Plimouth, I shall rest
Yoi's in any office of Christian lone
P. Styvesant.
Port New Amsterdam in New Netherlands,
Nouembr IS^ii, 1647. st : no :
Governor Stuyvesant to Deputy Governor Goodtbare.
The answcrc to Mr. Goodyears letter.
Tours I receiucd wherein yow are pleased to write concern-
ing my supprising the vessel! there, and of your townsmens
discontent att some passages in my letter to Will : Wester-
howse ; what he hath diuulged I know not, yett sure I am, I
was desirous to carrie it as inoffensiuelie to my neighbours
there as I could, howeuer they may apprehend, yett you and
yours shall reallie finde mee as cordiallie willing, att all tymes
and all occasions, to indeauour a continuance of all friendlie
and neighbourlie amitie betwene vs, allthough haplie many
)yGoo»^lc
514 APPENDIX.
value rumours may arise whereby iealousies & discontents
may be fomented.
I haue sent according to your desires for the receiuing the
prouisious. For whatsoener yow shall please to delluer to our
comissarie, his note shall be a sufficient discharge. S', Ithanlce
yow for your supplieing our fiacall and for yoxir farther tender
to him, and your respects to my selfe, the which I shall in-
deauour to requite, and remaine,
Your assured louing friend
P. r
Fort New Amsterdam, in New Netherlands,
Nouemb' the IB'", 16i7. St : Nouo:
G.
Governor Eaton to Governor Stuyvesant.
Mr. Batons 4"' letter.
By yo'' comissarie I haue latelie receiued yo'^ dated No-
nemb'" the 15'", new stile, but finde not that satisfaction
therein which I expected. My former, Octob' the 8'",
(though it came to your hands in that of the 15*", delivered
by yc fiscal!,) yow mention not, & your expressions in tliis,
(considered with the questions betwixt vs,) are att best darke
and need explanatio : how you can saye you desire not, in any
measure, to vsurp vppon our right, when yow lay claime to the
land, riuers, streames, &c. w^h iustlie belongs to the English
coUonies, 1 vnderstand not. It is well knowne, both in Europe
& liecrc, that by anntient pattent, the Kings of Engl : haue
graunted (all that pte of America called New England, lyeing
& being in breadth from 40 to 48 degr. of northerhe latitude)
vnto his subjects for theyre incouragem' to settle & plant
abroad ; and accordinglie, vppon due purchase from the na-
tiues, the true pprietours of the land, (for we found it not a
vacuu,) we haue built, fenced & setled our selues heere, nor
hearing soemuch as of any the least pretence the Dutch did
or could mate to any of tiiis land, in many yeares after ; it
is true that aboute fine yeares since, yc predeccss^, Mouns^
Win : Kieft, grew iniurious to vs, both att Deleware and else
where, wee then witnessed & protested against his course, &
required satisfaction, which we still expect, & in due tyme
shall offer the particulars to consideration.
)yGoo»^lc
APPENDIX. 516
J'roia your selfe, according to the temiour of yo' first
lett", wee hoped for a more neighbourlie correspondence,
but yow haue not only trod in bis steps, but in a short tyme since
your entrance, bane allready, in some respects, gone beyond
Mm, as may appeare in this briefe account of particulars.
In yc^ of the 25'*' of June, to the Gouem'^ of the Massar
chxisets coUony, Wh yow now mention, yow pretend an indii-
biate right to all the land betwixt Conneticut & Deleware ; in
yc protest dated Octob' the 12"i, yow grow in your demands,
extending yo^ limmits from Cape Codd, within Plimouth col-
lonye, to CapeHinlopen towards the sowtb, (a place or name
to me yett vnknowne ;) yow charge Newhauen in particular,
as Ysurping your grownds, land, riuers, streamcs, & are
offended for tiieyre trading first with Simson Johnson, since
with Will: Westerhowse and other Dutch men; yow ceise a
ship in our harbour witliout licence, pretending title to the
place, & complaine of a purpose & iust resolutio in vs to vin-
dicate our owne right in a lawfnll waye ; yow require vs to
send the Dutch merch'' & theyre goods, with a recognitio,
&c., to the Manhataes, and if wee attend not your directions,
yow threaten hostilitie to Newhauen, pretending to keepe
peace with the other coUonies, & in yc letter which came &
beareth date with the forementioned ptest,you vniustlie charge
vs concerning yo^ fugitiues, & in a coinanding, threatning stile,
require them from vs, & att or aboute the same tyme, in a
letter to "Will : Westerhowse, (as I am informed,) you threaten
to fetch his goods o^^te of Newhauen by force ; you haue
imposed or taken an escessiuo high custom, excise or recogni-
ti6 for all goods sould within your jurisdiction, with celsures
for oinissions or misentries ; our vessells must anchor vnder
your erected hand, a place very inconvenient, and as if you
ment to shut vp the passage by the Manhataes, or by vnsutler-
able burthens to wearie the English oute of trade, you beginne to
take recognition, &c. vppon goods traded elsewhere, & in theyre
retourne passing only by the Manhataes ; I heare allsoe you
threaten to burne or beate downe our trading bowse, built
vppon our owne purchased land, within our owne limits, and
farre from any trading howse of yours or any pte of Hudsons
riuor, and which is yett worse, it is reported to vs by seuerall
psons & from seuerall places, that your secretarie hath indeau-
oured by a slanderous report to incense the Long Isl : Indians,
and your selfe, att Aurania fort, haue attempted to trye other
companies of Indians against the English. If this agree with
rules of Christianitie or good neighbourhood, I doubt not but
we may retaliate and when wee see cause tume the edge and
)yGoo»^lc
516 APPENDIX.
point of those weapons vppon your sclues. I enquire not after
your grownds in sending Captaine Forrester to Holland, the
English coUonys may haue occasion to write after the same
coppie hereafter.
In the meane tyme, the scope and tendencye of the pi'e-
mises doth directlie crosse & contradict your profession of
peac and amitie, & will m each particulai- afford matter of
serious consideration to the English collonies, and vnlease
things be cleered speedilie to satisfaction, yow will constreine
V5 either to require and receiue recognition in proportion to
what wee paye, or to prohibit all comerce betwixt the English
and Dutch jurisdictions in these partes ; for our seines we
accompt and with good warrant call our title to the land, riu-
ers and sireames wee posesse, an indubiate right. "Wee know
wee have as full libertie to trade witli Dutch merchants within
our harbours & to admit Dutch inhabitants into our planta-
cions as yow the Enghsh, in either case ; yett wee readilie
close with your propositions to considder, examine and issue
all differences, and though it be not vsuall for one ptye to
choose both arbitratours, I shall for this once consent to the
choice your selfe haue made. The Gouemours of the Massa-
eliusets and Plimmouth collonies are men approued for wisdom
and integritie, nor shall I differ from yow in those circum-
stances of tyme and place, supposing yow will haue due res-
pect to conueniencye, only by way of preparatio it would be
considered and agreed what shall be put to referrence,
wheather the title of land, riuers, streames, &e., or any pte of
the forementioned tract from 40 to 48, including the Manha-
taes and Newhauen, or only other questions and iniiiries which
haue bynne formerlie or more latelie greiuous and are not yett
satialied. If yow please herein to expresse your meaning ful-
lye & cleerlie you sliall finde mee reall and readye to meet
you in any peaceable & iust waye. In expectation of your
speedy answere that occasions may be ordered accordinglie, I
rest,
Yqi' louing friend,
Tiieoph: Eaton.
Newhauen in New Engl :
NouemV lQt\ 1649. st : vete :
)yGoo»^lc
APPENDIX.
Depui'y Governor Goodyear to Governor Stuyvbsant.
Much Honoured S'',
To' beefe accoi'diiig to couenant is delivered. Mr. Keisar
yo' Commissarie, his late comeing boing very pr[ ]
(cattle being fallen in theire flesh) & yett nothing to yo' ad-
uantage, I was necessitated to furnish a greate pte out [of what]
I had puided for the Barbadaes, hut my indeauours are, &
shall he to my vtmost to pforme my couenaiits hi all thi[ngs.
I] desire wee may attend peace & neighbourlie loue, & corres-
pondencie one with another; and if in any thing wee may
pleasu [ ] I shall be ready to my vtmost to shew it in any
iriendlie & neigHihourlie waye to do.e it. I reioyce to heare of
the late blessing in the little one giuen you, & of yo' wifcs
strength, soe comitting yow, & your weighty affaires to Gods
goodnes, I rest.
Yours in any office of loue to my power,
Stephen Goodyeare.
Newliaueii, Nouemb'' the 22^^, 1647.
GovBBNOE Eaton to Governor Winthrop, op Massaohobeits.
Ss
Yours of the O"" came to my hand the 24"' of Nov: w^^ one
inclosed to the Duch Govern''. I am much iugaged to you,
for your labour of love, and should gladly improve any oppor-
tunity, in a way of thankfull returne.
In aU afflicting providences I desire to looke higher then the
instrument, I can also readily confess w"" you, that our holy &
righteous father hath just cause of controversye w*'' all the
colonyes & churches in these pts, for abating, if not declining,
from their first love, zeale, workes, &c. And could heartily
wish that besides prayers, (fee. the magistrates and elders
would joyne heads & hearts, fill up their places & improve
their interests (as Esay & Hezekiah, whom you mention to
another purpose, Ezra and Nehemiah,) for a thorough r
)yGoo»^lc
518 APPENDIX.
ation, that our wise & gracious God. might finde & see many
making up the hedg aad standing in tho gapp, &c.
Concerning the Duch, and our exercises & intercourses with
them, I must be a litle more large, but would premise that the
high esteeme & respect, I liave & doe justly beare you, makes
me consider and seriously question my owne way when ever
(though but in circumstantialls) I dissent & differ. It suites
my judgment certainly and I hope my practise also, that (put-
ting in what weight I can into argument,) I steere a midle
course, betwixt proToMng an adversary by unnecessary invec-
tives, or uncomely language, and giving undue titles, whereof
he may make ill use, and I may after repent.
What hath passed betwixt Mons' Kieft, and us of Newhaven,
you have formerly heard at large, and what passed betwixt the
comisBion''s for the colonyes and him, in refference both to
Connecticutt & Newhaven, willappeare by those records. In
all wh. I doe not yet know that we gaue any just cause of
offence, hut that euer any advice of yours was rejected, as pro-
ceeding fi-om weakenes, or that euer you did advise to more
mildenes & moderation then we used, I cannot yet call to
mind.
For tho present govern^, I know the place he holds under
the "West India company putts an honour upon him w^ upon
all occasions I would shew due respect, and concerning his
psonall abilities and indowments, I would suppose his princi-
palis may know that, to w"'' I am yet a stranger and I doubt
shalbe, but either his actions speake more of his justice & pru-
dence, or those that come from thence, lees of his passions &
exactions, but what euer tho man be, I suppose I may safely
say some stepps in his way have bin to us causelesly injurious.
What passed formerly, you fully understood by my letter, Oc-
tobf 20"', and the copies inclosed, since w"^' it is brought to us
from seuerall places, that he and his agents haue bin working
with tlie Indians to incense & lure them against tlie English.
It is true we haue but Indian testimony for this, nor are we
like to haue more in such a buisnes, hut it comes with the
greater euidence because one of the Sagamo'» reporteth, that
as a motiuc he told tho Mohawkes, the English would fight
with him for selling them peeces, powder and shott, W''
(though streyned) may refferr to the comissionf s letter to him
from Boston, yet in a letter sent by the comissary, dated Nov.
15*'' new stile, he pretends to be studious of preserving love &
amity, suposetli I am mistaken or misinformed, when I speake
of his threatning any in our jurisdiction, he desires a charita-
ble opinion of his actions & intentions, and that all differences
)yGoo»^lc
APPENDIX. 519
may be composecl at our meeting in the spring w"" your self
and the governour of Pliniouth, which compared w"' his fore-
mentioned letter & protest dated Octobf 12*'', with his actions
and report of other proceedings, yf^ best shew his intentions,
seeme (that I say no moro) very stronge, I desired the comis-
sary, before Mr. Atherton, to read and reconcile them; ho
read but could put no other interpretation upon them then I
had done, hereupon I returned answer, as by the inclosed
copie may appeare.
Since w'^'' I am informed from Oaptayno Mason, that David
Provost (late agent for the Dueh at their house by Hai-tford)
tells the Indians at Saybrooko, that the Duch will shortly iight
w"! the English, and that they have ingaged all Indians to
them except the Moheagea. These reports can hardly be
imagined to grow without roota or cause, but how ever, they
are inconvenient and chargable to us. Connecticut hereupon
will hasten the finishing of their fort, and Newhaven at their
great charge have made some slight workes or platformes to
plant a few gunns, to secure the towue as they may from
smaller vessells.
So that when I consider how things stand betwixt the Colo-
nyes & the Duch in these pts, what heavy burdens they lay
npon trade, even to discouragmont, what claimes to our land,
&G., what attempts & threatnings of hostility they make, I see
no better way to preserve our owne hberty & peace, and to
suppress sxxch injurious, insolent courses of imneighbourly
neighbours, then that all the colonyes prohibitt all trade 'with
them till trade & peace (by some meeting) may be freed and
better settled.
For the Duch fugitives, upon occasion of some deluiquents
lately flcdd from these pts, I wrote to tlie Govern' by Mr. Ath-
erton, Nov. 19"ij before yours came to hand, tliat upon any
reasonable satisfaction in the questions betwixt us, they shalbe
dehvered to any he shall appointe to receive them, and that
none of theirs of suspicious quality shall hereafter (w"" our
knowledg & consent) pass through these pts, unless tliey bring
something under his hand for their warrant; to conclude,
though I have sealed your letter to the Duch Govern'' w^^ a
purpose to send it forward by the next opportunity, yet upon
further consideration I tiiought fitt first to advise vr^^ you
whether (in refference to the premises) some thing may not
be altered, & some thing added according to later occurrents
and as may best prepare for the meeting propounded, if your
self and the comission's see cause & please to write another
letter (wherein I suppose you would not vary any tiling from
)yGoo»^lc
520 appendix:.
the sense & ayme of your Generall Court,) I shall send that
or this according to direction.
Wh my due respects to your self, Mr. Cotton, & other
friends, I rest
Yrs many wayes ingaged to all
service of love,
Nov. 26, 1647. T. E.
[EndorHEcl in the haud-wciting of Mr. Joseph Hills,
Governor Stuyvesant to Deputy Governor Goodyear.
TMs vnderwritten was in answere of Mr. Batons, being direct-
ed to the Deputy Go\iern'- Mr. Goodyeare, the E; H:* think-
ing it inconuenient to answere Mr. Eaton in respect of his
vniust charges.
Worthy S', _
By 0' Comissaries Keisar I ree^ one letter from yo' selfo, &
another from yC Gouern', & latelie one from hoth hy Mr.
Allerton ; you complaine of our commissarie's breach of prom-
ise concerning some salte, his pretences are, the wind proue-
ing faire hee would not loose the opportunitie, that he was
longer deteined there, for the receiuing of what was p^ liiin,
then hee expected; soe small a quantitie will not be worth the
sending a vessell purposelie theather, therefore for the future
I sliall accept the paym' of w* is due from Mr. Allerton : In
myne to yo' Gouern' I had thought I had giuen him sufficient
satisfactio: & expected the like from him, but eontrarie to my
expectatio: & opinnio: of Ms wisdom, his letter was full of
complaints and pretended iniuries.
And whereas he writes my letf was at best darke, & neede
explanatio : tlius farre I will expound myselfe : that claimes to
pretended rights are noe iniuries & giues me noe lawfuU
pprietie to what I claime, vnlesse lawfullie adiudged, (in
which neither hee nor 1 can be competent judges) and I sup-
pose yow and he well knowes, that many protests and passages
in this nature are only pro forma, and therefore for whatsoeuer
I haue done in that kindo, I haue not as I conceiue, wronged
him, or the right of his countriemen there, vnlesse I had
)yGoo»^lc
APPENDIX. 621
sought to make good my claime by force of armes, the which
I haue not as yett soe much as thought of: although he semes
to adiudge the cause on his owne side, by vertue of the
graunte of his Mat'^ of England his pattent to his suhiects of
England, likewise blaming my predecess' for some passages att
Deleware who I hope is nowe in his natiue countrie, & if he,
or any one else, haue any thing to laye to his charge, they may
there question him, and I doubt hee will answere what soeuer
tliey can obiect against him.
JFor myne owne pte I canne noe ways interpret his, but as
an aggrauating of former passages, to the worse sense, laying
many things to my charge, ripping yp (as he conceiues) all
my faultes, as if I vrere a schole boy, & not as one of like de-
gree with himselfe, and they are soe vaine, and by me soe
sufficientlie answered that I shall be silent, and only instance
in'2 or 3 of the cheifest of them.
First concerning my receiuing recognition heere, that it is
soe excessiiie high, &o : I only answere, Euery State hatli power
to make what lawes, and impose wJiat customs in theyre owne
precincts they shall thinke conuenient, without being regula-
ted or prescribed by others, yet notwithstanding wee haue
bynne soe fauourable to your countriemen trading heere, that
they pay 8'' p cent, lesse then our owne, and I am conlidcnt all
things considered not 4 p cent.
Hee likewise obiects against me (his heare say) of my
threatning to burne or beate downe yo' trading howse, & of
report from seuerall places & psons, concerning my selfe, &
secretarie's indeauouring to raise the Indians against tlie Eng-
lish, threatning a retaliation and turning the edge and point
of those weapons vppon vs heere, I had thougth he had had
more noble worth being a gouern', or charitie as he was a
Christian, (hearing such reports of one of like qualitie as him-
selfe) not to bane ^uen credit to them, but rather imprisoned
the reporters vnlesse they could haue sufficientlie proued it ;
and I take it to be as greate an miurie to me, (to haue such
reportes raised and beleued) as possible may bee.
Concerning my sending Capt. Forester for Holland, and
that the English eollonies may haue oecasio to write after the
same coppie (I vnderstand him very well) and I doubt not but
theyre wisdoms will doe that which they may well answere to
theyre principalis, as I to myne, and therefore neede not glue
him, or any one else heere, an accompt, yett for yo^ satisfactie,
he claimed the gouerm' of all Long Isl; Dutch & English, and
produced a coihissio wheather counterfeit or noe, I know not,
for it was sealed but not signed.
His conclusion is indifferent faire, but I sliall not begg it
)yGoo»^lc
522 APPENDIX.
from liim. If I meete in the spring with the gouem'' of Boston
& Plimmouth I hope we shall doe our best for tlie reeonciling
of all differences ; to put any thing to them as arbitratours I
am not yett resolued, but shall willinglie compile with them
in what they shall thinke conuenient, and whereas he is soe
full of Ms retaliatio, according to his owne words and prac-
tise, hee must glue vs leaue to giue lihertie to any that shall
flye from your jurisdiction to remaine vnder our protection
vntiU oixr fugitiues are deliuered, wliich assone as done I shall
indeauour to send theyres backe, soe S' with my loueing
respects I take leaiio, and rest,
Yc assured lo: friend,
P. Styvesant.
Fort New Amsterdam in Now Netherlands,
Deccrabr the 16'^', 1647. st: no:
GOTBBKOR StUYVESANT TO GOVERNOR EaTON.
This following letter was sent to Mr. Eaton by the Secret;
Temoh.
To Mr. Eaton.
Worthy S',
Oertaine reportes comeing to my eares that, some of my coun-
triemen & others vsing to trade with natiues of yo' ptes, doe
indirectlie sell vnto tlie s^ natiues powder, gunnes & lead, &
that in particular one Gouert Lockoraan had done it, & with-
all had indeauoured to instigate the Indians there against the
English, I could doe noe lesse then in discharge of my duty to
God & my neighboiir, but seriouslie to enquire into it, and
haue vsed my best indeauour for the fineding oute the trutli,
it being of soe high a concernement as to arme the Indians
against the Christians, vppon all occasions, & making debato
& iealousies betwixt the two nations in these ptes, that haue
soe long & happUie lined in vnion in our natiue countries.
I haue therefore thought good to send our secretarie vnto yow
aboute it, togeather with such information as I haue receiued
vnder the hands of Mr. Throckemorton, Mr. Willet, & Mr.
Hart, & humblie entreate yow, yow would be pleased to vse
yC indeauours to the magistrates of Sowthampton & other
places, that the truth may be knowne in the premises, concern-
ing the s^ Gouert or any other that haue relation vnto our
jurisdiction, &, if proued against him or others, yow shall
)yGoo»^lc
APPENDIX. 523
apparrontlie finde that I will not countenance any of ours in
such wayes of ynrighteousnes, but cause such examplaric
punnishment to he inflicted vppon them, as shall deterre
others from doeing or attempting the like in both respects,
either in indirect trading or instigating the Indians against o'
Cliristian brethren of the English nation,
I very well know such practises & speeches by any of o'' is
& may be cause, (& that iustlie,) of iealousies and discontents
between vs, but I doe hereby protest, before God & the
world, my innocencie in either respects, & doe reallie & heart-
ilie desire a continuation, growth & encrease of neighbourlie
lone & correspondencie betwene vs in these ptes, and for the
effecting of which I hauc latclio written to the Gouern''^ of
Boston &Plimmouth, that if they, with yo'' aelfe, wUl please to
giue me a meeting att Conneticut att any tyme you, shall
appoint, this summer, I doiibt but through the blessing of
God wee shall giue that mutuall satisfaction to one another,
in euery respect, that past differences may be forgot, future
preuented, & a happie union betwixt our nations in these ptes
fixmelie knit. Desiring yow will please to giue me an answer
to each particular by c secret. I shall take my leaue & rest,
Yo''* to my power in any office of lotio.
Pet. Styvesant.
May the 28'!' (48) 1648.
GovBUNOB Eaton to Governoe Stutvbsant.
The an s were.
Honoured S""
Yo" of the 28tii May, 1648, st. no., I rec^ by yo'' secret.,
in the former pte whereof yow expresse a due sense of y^ mis-
carriage of some of yo'' traders, who neglecting j" publiqiie
saftie & peace, for priuate gayne & respects, not only dispose
& arme the Indians for warre in generaU, but incense them
against the English in particular. To' secret, to this purpose
hath shewed me the testimonies Mr. Willet, Mr. Throckemor-
ton & Mr. Heart hath giuen against Gonert Lockoman. Yow
may please to remember both what the comission^^ for the
vnited English Collonies wrot from Boston, August 17, 1647,
concerning this dangerous trade, (of selling gunncs, powder.
)yGoo»^lc
524 APPENDIX.
shot, &c., to the Indians,) driuen by some of yC' att Aurania
fort, at Long Island, within the riuer of Conneticut, att' Nar-
rowgansett, & other places within the English jurisdictions;
hut how to diacouer & suppresse it, (the pticular traders then
vnknowne to the comission''',) they left to yo' wisdom &
iudgem'', & what information I gaue, Nouemb"' 16, 164T, con-
cerning that vnchristia & neighhourlie course of incensing
the Indians att Long Isl: & else where against christian neigh-
bours. It is true we liad hut Indian testimonie, nor may it be
expected that they which ai'e exercised in such crooked & vn-
dermining workes should blowe a trumpet & call in witnesses
of more credit. Soone after I heard from Saybrook that
Dauid Prouost, (somtimes agent at yo' liowse neere Hari^
ford,) tould the Indians aboute Conneticut riuers mouth tliat
the Dutch would shortHe fight with the Indians, & that they
had ingaged all the Indians in these ptes, (the Moheags ex-
cepted,) vnto them. Janu. tlie S'^, 1647, a complaint was
brought from the English att Sowthampton, that Gouert Lock-
oman had hynne latelie trading with the Lidians of those ptes,
who reported tliat after he liad sould them some coatcs lie
declared that if they would buye more, with cucrie coate hee
would giue a pownd of powder, which peiu:ed him a quicke
markett & soe furnishes the Indians with powder that they
could sell to the English.; & the same Indians further testified
that Gouert wisht them to cutt of the English, and the Dutch,
(to such a worke,) would furnish them with peeces, powder &
shoft enough, w''' soe prouokes tlie Engl : att Sowthampton,
that had they had order they would haue staide Gouert & his
vessel] ; since w'^'' I vnderstand that Dauid Prouoost in that
pte of Long Isl; hath indeauored to take, (as it were,) tlie
ground from vnder the feet of the English, purchasing lands
wii the Indians haue long since p^sed ouer & vnto which the
Engis for many yeares haue had a knowne & vnquestioned
right, & had giuen a price for the same, till the Indians, (con-
vinced by the English of theyre vnrighteousnes,) retourned
his pay.
These concerne the Engl. coUonies more generallie & are as
soe many sparkea fitt to kindle a fire of contention, but I
should allaoe haue added yo' late proclamatio, which is a
reall inuitatio to discontented psons & delinqxieiits to become
fugitiues, with seuerall other greinances which more directlie
concerne Newhauen, to those mentioned No^ 16, 1647, but
that by yoi" lett" to Mr. Goodyeare, Decemb'' the 13^'', to the
Goucrnt of the Massachusets, Febr^'y the 8'^, it appeareth yow
tooke offence att my open dealing, tending only to prepare for
a meeting whereui all questions & iniuries might be duly con-
)yGoo»^lc
APPENDIX. 525
, satisfied and remoued, & a iust wholesom peace setled
& confirmed betwixt the Eugl ; & Duteli in these ptes. To
conclude, I soe fully close with the contents of this yo' last lett^
that I haue allready written to the Gouern''s of the Massachnsete
to farther the meeting, & to the Gouernr of Conneticut to
enquire if further light might be Iiad from Sowthampton,
(which is in that jurisdictis,) concerning Gouert Lockoman.
crooked & puerse waye. In the meane tyme, our owne iust
rights duly presenied in retouming of fugitiues, & in all other
offices of neibourly correspondence, I shall waike witb yow
passib. asquis, I rest,
Yc^ louing friend,
Theophilus Eaton.
Newhauen in New Engl: ,
May the 31">, 1648. et. yet.
GovERNOK Eaton to Govehnoe Stuyvesant.
Mr. Baton's 2'' letter.
Honoured Sr
In my last, by yo'' secret., May the 31''', (48,) I exprest my
full closing with the contents of yo''^ dated May 28"', new
stile. By letters from the Gouern"^ of the Massachusets, I am
since informed that he had rec* yc^ of Aprill the 3^ & May
the 24*'', that with much content he intertaines yo' motion for
a meeting & treaty att Conneticut, & Tppon a retourne from
the Gouernr of Plimmouth will more fully satisfie. In the
meane tyme, I shall offer to yo'' consideration wheather by
waye of preparation it may not conduce to a more speedy &
comfortable setling of things, if you thinke fitt to admit Mr.
"WiH. Westerliowse to open his cause & speake in his owne
defence. Heatherto I suppose all intercourse hath bynne by
messengers or letters, wherein there may be somthing mista^
ken or somthing omitted w*'' might cleere or mittigate the
offence or censure ; if, therefore, yow please to graunte him,
by yo' letf to mee, or otherwise, as shall seeme best to yo'
selfe, a warrant or safe conduct to come to the Manhataes, to
stay there a conuenient tyme, & agaiue thence to retounie in
safetie, without molestatio, either hy land or watter, that hee
may expresse & open the grownds of his former proceedings
& present hopes to receiue a milder issue, (in a cause soe
)yGoo»^lc
526 APPENDIX.
weighty & neerelie .concerning him,) then the former sentence
& execiitio importe, I shall aduise him in that waye to attend
yow with his first conueniencie. I desire yo'' aiiswere, but to
preuent mistakes shall assure yow, that tliough vppon different
apprehensions yow for the present refuse to heare or treate in
this matter, yet on my pte it shall neither hinder nor cast any
new difficulties vppon the meeting ppounded. I rest,
To" in aU offices of neighhourlie correspondence,
Theo : Eaton.
Newhauen in New Engl. June the
20"', 1648. St. vet.
GOVEENOE StUYVESANT TO GOVERNOR EaTON.
The answere.
Honoured S'
Yo" of June the 20"", at. vet., I rec^, & peciue that my
ppositions for a meeting att Coniieticut are well accepted both
by yo"^ selfe & tlie wortliy Goueni' Winthrop. In his to me I
vnderstaod the tyme will be aboute the middle of Sept'. I
shall farther entreate yow if it may stand any waye with yo'
conueniencie, that the s^ meeting may he aboute tlie 20"" of
Aug»t, onld stile, in respect o' shipping will presentlie after be
ready to goe for C natiue eountrie, and I should be very glad
by the first opportunitie to glue accompt to my Lords the Es-
tates Generall of my pceedings with yow, & shall then haue
opportunitie of sending one expresse to my s^ Lords, other-
wise I shaU liaue noe opportunitie till the next summer. And
whereas yow are pleased to write concerning my countrieman,
Will. Westerhowse, that he may haue free admissio heere,
withoiit molestatio, either by land or watter, I shall desire yow
will please to excuse me therein, in respect I cannot pmit to
come heere without questioning him for his contempt of
the souereigne justice of o^ natiue land in his disobeying theyre
established orders ; but if hoe hath any thing to speake to me,
I doubt not but with the pmissio of God to make him an ans-
were att Conneticut, & soe S', for present I shall take my
leaue & rest,
Yo'' in all reall offices of loue.
Pet: Styvesaiit.
Fort New Amsterdam in New Netlierlands,
Julythe8th,1648. St. no.
)yGoo»^lc
APPENDIX. 527
P.
GovERNOTi Eaton to GovEitNOit Stuyvebajst.
Mr, Eaton's aiiswero conceruing the CouiiBsioiiers tjeiiig sent
ouer land by oue expresse.
Honoured S'
I vnderetand from tlio Gonerii'' of tlic Massachuscte that be
hath written by a YGSsell bownd to Vi!'[giiiia] and that letf
may possible be witli yow before this came to my hands, yett
considering the conueyance by s[ea] is vncortaine & somtymes
slowe, I thought fitting to send aix expresse that yow may
order occasions aecordinglie. I haue witli my vtmost indeaiior
recommended yo' ppositio that there might be a meeting, to-
settle peace vppon due considerations & vppon a iirme bottome,
& did desire that the place & tymo might suit yo' conuenien-
cie, the Gouern'' of Oonneticut did in all respects fullie concurre,
but it seemes Mr. Bradforde & the comissionf^ for the Massa-
chusets baue other pressing occasions, yf^^ they cannot breake
through, for that the meeting must necessanlie be deferred
till tlie Spring or till the middle of June, but wheatber sooner
or then, (if the Lord will,) I shall readilie attend it. In the
meane tyme, (referring former questions to a due cousidera-
tio in the fittest seaso,) I shall waUie with yow in all wayes of
righteoiisnes, peace & neighbourlie respect, & shall rest,
Yc lo : friend,
Theo: Baton.
Newbauen, Aug, 4">, (48) st. vet.
Q.
GOVBKNOR StUYVESANT TO GoVERNOB EaTON.
Honoured S^
Yo" of the 4*1' of August, by yo' messenger, I reel, to-
geather with 2 from Mr. Winthrop, of one by Mr. Pebles, the
other by the man yow sent, wherein I vnderstand of the dififer-
ring the meeting vntill the next yeare, thro\igb some indispo-
sition in Mr, Bradforde. I shall therefore recommend vnto
yow that in the interim there may be all neighbourlie & mutii-
all intercourse of friendship between vs, & noc incroaching
vppone one anothers pretended right, vpon any pretences
)yGoo»^lc
52H APPENDIX.
whatsoeuer, but that things may remaine in tlie same state as
they are, vntill wee shall come to a frieudhe, iust and faire
agitation. I shall liitewise informe yow that yC iutertaine-
ment of my countneman, Wilt. Westerhowse, amongst yow is
not only dangerous, but may prone destructiue to yo'selues &
the other plantations in his vnderhand seEing of gumies &
powder, for I haue sufficient testimonie of one of ours that
bought 50 gunues ante of his ship & being questioned, (by our
court heei'e,} for it, confessed it, & that he sawe 8 or 9 chests
more of giirines aborde ; and, as I amlii^ewise in pte informed,
sould one of yo'' towne (who vseth to trade) some 50 more, so
that by computatio there was aboute some hue or sis hundred
gitnnes aborde the ship purposelie for that damnable trade
with the Indians. This I am sure of; there was taken oute of
the ship, (after she was heere,) some 500'' of powder in brand-
wine caske, besides his ships store. Soe much I thought good
to giue yow a touch of, that yow may doe therein as yow in yo'
wisdom shall thinke conuenient. Gonert intends to come
amongst yow to purge himselfe of those things obiected against
him. Whereas of late there are two fled from our ptes, the
one of them by name James Turner, a squint eyde fellowe
aboute 35 or 40 yeares of age, the other likewise a well sett
fellow by name James HaUet, aboute the same age, I shall
request your asistance in apprehending them if in yo^ ptes, &
that they may he sent heather ; I shall paye all charges, & be
ready to doe the like vppon any like occasion, & rest
Yo' assured friend.
Pet: Styvesant.
August the 20'!^ 1648. st. no.
GOVEENOR EaTOK TO GOVERNOR StUYVESANT.
Honoured S'
Vppon the receipt of yC" I sent o' marshall to search for
& apprehend all suspected strangers, particularlie such as yow
had described. Two were brought ; the one vppon certificate
from Stamforde was presentlie cleered, the other pued to be
James Turner, an Englishman and squint eyed ; him I sent
by sea in a pinnace whereof Jeremy How, mentioned in my
letter dated August SS'ii, st. vet. I desired further light
with diie proofe, concernuig Mr. Westerhowse his trade for
)yGoo»^lc
APPEND IS. 5a9
gunnes, powder, to whom lioth of yo''^ & ours he sould those
100 gunnes in 2 pcclls, & wheather they he come into the In-
dians hands & by what meanes, that I may call him to an
accompte for what is past & stop the waye of a trade soe mie-
cheiuous for the future. I haue entreated your Secrefy that
the proofe may be tlie more full & conuincing, because Mr.
Westerhowse behig questioned by the comission" doth denye
that he brought any considerable number of gunnes with him,
much more that he hath sould according to the importe of
the charge.
By yo" of the 7"' of Octobf, 1648, st. no., which vppon my
retoume from Phmmouth I rec'' by yo' secret., I perceiue
that neither my letter nor the prisoner were deliuered att the
Manhataes, for which I shall call Jeremy Howe to accompte.
In the meane tyme yow may rest assured that I was as reall &
carefull in apprehending & retourning the fugitiue as I could
haue bynne had any of the English coUonies bynne interres-
sed. Concerning Gouert Lookomans trading with the Indians
& carriage towards the English, I haue to himself exprest my
tlioughts before yo'' secret., & shall leaue him to yo' justice:
If Samuell Goodenhowsen prone reallie indebted att the Man-
hataes, and that through his defaulte Gouert Lookoman as
suertie susteine dam^e, I shall without referrenee to other
questions affbrde him iust asistance ; but if it be only a
question aboute goods brought to Newhauen, &c., it will fall
vnder due consideratio att the meeting ppownded, vf"^ meet-
ing the comission" desire to prepare & further, according to
the tennoxir of theyre letter heere inclosed, w"^ they haue
entreated me to conuey, & from me they will expect a re-
tourne. If therefore yow please, either by this messenger
whom I pui'poselie send to attend yow therein, or by some
other conueyance, with yo' first to retoume answere to the
pticulars, I shall imparte the same to the other coUonies.
As one that desireth by all just meanes to follow peace with
all men but especiallie with a Christ : natio, both yow and
mee, (though all questions be feirelie composed) may haue
exercise enough with the wilde natiues, who being ouer plen-
tifuUie furnished with gunnes, powder and shott, are apt to he
injurious, but if they finde vs diuided and att difference, they
will growe insolent & full of puocations, but I shall not in-
large. I haue rec^ a testimonie of yo'' lone & respect which
with due thankefulnes I accept, and shall improue the first
opportunitie to make a more reall retoume, in the meane
tyme I rest, Yc^ in all ofiices of loue,
Newhauen in New Engl : this 9"> of Theo : Eaton.
Octob'-j 1648. strvet:
)yGoo»^lc
530 APPENDIX.
Vppon the opportunitie of soe safe & speedie conueiance, as
by this gentelmaii Ensigne Baxter, I thought I might spare
the sending of an expresse messenger, but I still desire yow
will be pleased with yonr first conuenience to retourne me an
answere to the particulars in the coroission" letf, soe I take
leaue, resting, Yo^^ T. E.
Governor Eaton to Governor SrtfYVESANT.
Honoured S^,
I long since acquainted the rest of the comiss'" for the
vnited English collonies with yc answere to [ ] bnt the
winter season hath so shut up all passages that till now of late
could not retourne theire thoughts. In theyre names I am
now desired to certifie that yom- answere in diuerse particular
be not to theire satisfaction, yett the [y are] not only willing
but desirous of a meeting tJiat all differences and grieuances
may be heard, considered & satisfied, accordpng] to righteous-
nes, & a iust wholesome peace, by all due meanes setled & eon-
firmed, betwixt these English collonies & the neighbour plan-
tacions vnder the Dutch gouerm*, only whereas yow desired
the presence & helpe of tlie gouemoxirs of the Massachusets
and Plimmouth, to weigh and arbitrate &" : (they being both
aged & vnfit for long land journeys, the comissioners, (in refer-
rence to them) thought Boston would be the fittest place, &
for the tyme tiiey are willing to the vtmost, to suit your occar
Bions, and doe therefore consent that the meeting be the last
weeke in June, or firat weeke in July, according to the Eng-
lish accompt, as yourselfe shall please to appoint, declaring yo'
mynde in due season, that I may certifie the comissioners
thereof; sooner it cannot bee, in referrence to other publique
occasions of tlie collonies, & they would not vnnecessarilie de-
ferr it as hoping (through Gods blessing) wee may all reap the
comfortable fruites of such a meeting & treaty, yett if the last
wcoke in July wiU better answere yo'' occasions, vppon notice
I conceiue the comission" will agree & order according. In
the meane tyme tlie comis&ion''= desire me to informe yow
that they cannot submit to tlie taxes, recognitions & other
burdens imposed att the Manhataes ; if they be not speedilie
taken of, yow may not blame them if they prouide due remedy
against them ; this is all I haue from them to ppound, but since
I hearde from the comission" by other conueiance I haue rec^
)yGoo»^lc
APPENDIX. 531
informatio of the death of our ■worthy & much honoured friend
Mr. Jo: Winthrop, late gouern'' of the Massachusets collonye;
he departed this lyfe the 2Q'^^ of March. I am ass\ired he is a
rich gahier by his remoue, the loBse is ours, and accordinglie
I beleue his death will be lamented through all the coUonies.
In referrence to this vnexpected & afflicting prouidence, I de-
sii-e to vnderstand yo"" mynde, whom you will choose in his
roomc to compose & arbitrate differences, or how the meeting
may be carried on to answere our ioynt aymcs &. hopes, thus
with my due respects I rest, Yo''* in all
Theo: Eaton.
Newhauen in New Engl : the ll"i of Ap :
lf)49, st: veter.
G-ovEeNOR Stuyvesant to Governor Eaton.
Worthy S^,
I hope yow have receiued myne in answere to yo^'" of the
l^th of Febr: & whereas yow are pleased to write concerning
the answere of the comission'^ to myne, first that they are
vnsatislied in diuerse pticiilars, yett willing & desirous of a
meeting, that all thmgs may be composed in a neighbourlie &
iust waye, I hope I haue giuen yow and them sufficient satis-
facfio of my readinea therein, & shall willinglie attend all due
meanes for the accomplisliing it, w«i> they & myselfe conceiue
may be effected by our ioynt meeting ; and vppon some . consid-
erations is intended att Boston. 1 suppose my inabilitie to
trauaile soe fari'e by land is well knowne to yow & them ; and
vnderstanding by tlie latter pte of yo' letter of the death of that
euer honoured & worthy gent; Mr. Winthrop, I doe reallie
condole with yow, we being all of vs in these ptes participants
in the sad losse of one whose wisdom and integritie might
haue done much in composing matters betweene ts, & shall
therefore referre to yow and tlieyre considerations wheather or
noe the meeting may not as well be att Conneticut, according
to the tyme appointed (& vppon notice thereof shall willinglie
attend it,) if not I shall ueuerthelesse giue yow a visit att New-
hauen, where wee may haue some speech betwene vs indeau-
ouring to remoue all mistakes or misapprehensions betwene
vs, S', I rest, Yo' assured friend.
Pet: Styvesant.
Fort New Amsterdam in New Netherlands,
May the 4'^, 1649.
)yGoo»^lc
GovERNOE Eaton to Governor Stuyvesant.
Honoured S'',
Yours of the May tho 4'^ by Mr. AUerton I receiued; in
both yow expresse att least a purpose to call Joseph Scot to
an aceompte aboute the cowe, &c. I hope yow will prouide
that the maji at Staxnforde, who bought the cowe after she had
byune condemned hi that courte, may haue speedy it; iuat
satisfactio, with due allowance for dammage, but what place
Toby Peekes held vnder you att Greenwich, what order he
had first to deteine and then to send awaye the cowe, after
judgement in the English jurisdictio, without satisfaction to the
pty interressed, & how justice may haue a due course here-
after in these neighboui- jurisdictions, without disturbance &
offence, is of higher consideratio then the vallew of the debt or
price of the cowe.
Your answere to tlie commissioners letter from Plimouth,
in diuerse pticnlars did not satisfie them, I tlierein gaue yow
there owne words, yet they were willing & desirous of a meet-
ing, that all differences being considered & duly satisfied, a
just peace betwixt the Enghsh collonies and neighbour planW
tions ynder the Dutch goueraient, might be coutinued & con-
firmed, only in referrence to Mr. Winthrop & Mr. Bradforde,
whose presence & heipe to heare & compose your selfe pro-
pounded and desired, the commissioners thotight Boston
would be the fittest place for meetuig, not att all questioning
yoi" abilitie to ti-auell att least by sea, to soe neere a port, but
I haue sent the contents of yo'' last letter to the Massachusets,
& shall retourne theyre answers witli my first eouueniencie.
I haiie spoken to Mr. Allerton to whose informatio yow refer-
red me, aboute the customs or recognitions, with other bur-
thens imposed att .the Manliataes; from him I vnderstand
tliey are all taken of, & tlie hand taken downe, att least that
all in the Englisli collonies may anchor where they themselues
see good, in referrence to theyre safetie and conuenience,
whence I conceiue that in all respecte they shall finde the
Manhataes, both in theyre trade there, & in theyre passage to
and froe, as open & free as the English harbours haue hitherto
bynue to the Butch, but whether Mr. Allertons informatio or
my apprehension be free from errour and mistake I knowe not,
& may hereafter possiblie be questioned, if therefore your selfe
had been pleased in a matter of this weight to haue certified
what is concluded & setled in the former pticnlars, vnder yc
owne hand, tliat all the English collonies might fully vnder-
)yGoo»^lc
INDEX.
166, las, 16S, m.
Absent lote, aea VacRn
AilEmB,KiIininl,16.
BS4,6&.
Thonuu, IJD the Sst,) SS
ahii,140.
:al>eit, 13S,
., IbUc, SD2, '309,' £26,' 4
tbruotod by TuCch GoT^mor
AllertoD, ^ter, S(M.
Allfng, All™ lliwer », IS, 3S, (
138, 2£e, m 2^,296, 302, S4S,
410, 431, 47J.
Allotments, commltiee clioaeu (o t
24.
AlsDp, Allaop, JoBenh, B4, ISfl, 2B
Alsopp, Timothy, l&T.
ABdoreon, IiaTM,*2K^.
Aadismii, WllUam, 9,17, SO, 24, 25, 2B, 32, 33,
41, 4a, 60, 81, 88, 9S, 120, 1S7, 143, 148, 145,
162, 163, ifl6, 186, IBS, 194, 2M, 260, 277,292,
399, B02, 804,819, SS7, S6S, 888, 408, 408, '"'
424, 42^ <B5, 429,488,482,474, 431,496, :
chosen ibr the Ibundaoou work of thechui
Iflj sergeant, 78 i lioemeed to retaol wine, :
218; keeper of the DriUnarr, 208 : desires tu
lay It doiro, 278, 312, 867, 389.
lisnt. of HrUUecy, 882 : luu liberty to take
tie« fbr Idmber rird, 468.
Andnwea, WDliam, jnn., 22B. 3S4, 449.
Anthony tha nesger, trial of, 836.
Amu, daotera to be fomlslieit iiitb, 26, 9a,
181, aOI ; to is ™waa qaarteriy, 131.
ArUlkry eompanv, 241.
llberly gmnted to he^n an, 141, 208 ; mem'
bera of to l)e eiempt from si^uadron tjidn-
ingg, 166 ; ofScers snd ordevs of, •jonGrmed,
167 ! to go on aooordtng to thdr own onaets,
187 i officece of, oboeen, 383.
Aspenall, Willi™, 67.
Aolwood, Capt. John, 263, 332, 3S0, 467, 492,
deputr for MiBord, 112, 129,
Atherton, Mr. 519.
Atkinson, Luke, 18, 57, 90, 92, 109, 136, 281,
303,816,430,486.
Atwntsr, Dftvid, 18, 41, 93, 133, 166, sfe, 821,
364, 335, B70, 382, 404, 4J0, 496.
Atwater, Joshus, bro.j Mc, 9, 18, 41, 49, 63,
18^, 1^6, 196, i96, ^0, ^14, ^, sfe, 28i 302^
814, 331, 414, 430, 441, 44^, 466, 496, 499.
treasoter, 171,274; Boasnrer tbr the Jnria-
274, 864, 425. '
Auger, Nicholas, 95, 183. 133.
ffeea from watohioE, 375.
Aitell, Nathaniel, 81,36, 91.
Boj-kin, JbtjIs, IT, 60, 59, 80, 93, 125, 188,145,
166, 179, 194, 277, BIB, 325, 376, 404, 108,
424, 43S, 444, 448, 466, 466, 601.
oykiD, Nathejilol, 141.
Braill^, Stephen, 141-
Uraaiey, WiUi™,139, 176, 229, 43
r, (^^ Pranks, 60, 98, 139, 180
tntorj of, presentetl in court
tor, Joseph, 170, 178, 264,
es to bo bnllt, I
™, Henry, 189,
bnllt, 61, 76, IBS, 210, 238.
477,602.
Brocket), Eister, 804.
- nnfleld, Willi™, 28, 29.
_.jokes. John, 140.
Bro'LtaQ, ElBBoer, 141.
'^wne, Ftanela, 10, IB, 42, 50, 61, 62, 94, 183,
183, 183, 183, 230, 241, 261, 808, 814, 889,
480, 431, 448, 458, 466, ^6, 405, 501.
h) keep the ferry, 165.
rowne! Peter', IS, 92, 122, 138, 164, 240, 297,
833, 317, 400.
rowne, sister, 80i.
rowmng,Brun-lng,Hcnry,Mr.,17. 32, 60,
66, 63793, 136, 168, 161, 133, M6, 226, 231,
Bryan, Bryant, Ur,, 66, 70.
,Gooi^lc
Bodtioeham. Thomae. cooamaa, 2S. 91, 320.
BmM, John, IJ, 81, 91, 264, 360, 444, 480, 4S8.
Bnllela not lo bo fired m tho town, 48, 206.
BnnnlU, BenJuDJn ,140.
EunclU, gMdwlt^, 4T8.
BniDlULU, Hathan, 109, 120, IS9, 162.
Bnrrst, Wfiitom, of Copeae*, 184.
Button, John, 14S.
BvshoaB, imBisafiA fljr murder, 140.
Badcook Oeoige, 40, SO.
BSidgar, Ibonju, 24, 61, 67.
Badger, WllHsm, 3^ 4S3.
BaldHln, TfingthT, 44, 197.
Baldiilii, wid0Tr,9l!. _
Bali, Allan, 120, 13B, 269, 270, 273, 378, 427,
Ball, iwrithj', 2(19.
Baill Wiilkm, 125,139, 264, 380, 405.
Bdlv, NIoholM, ISO.
Biuilai, Oeoree, 261, 272.
BanoisKi', Edwaid, 13, 17, 36, 92, 138, 142, 1£3,
166, 29T, fiOa, 808, 460, J77.
wm of, ptiHeneed in oourt, 479,
BannlaMr, Etood;,304llillen, 479.
BiimeB,Obiidiah,&l.
BUker. Eoodmau, 7G.
Bunes; ThomBS, U&, 121, 1S9, 162, 314, 418,502.
Baaaett.'goodmao, 241,274, 804.
BasMi*, JohnTlS, 178, 27B, 303, 42B, 19E, EDO.
Bassett, old, 167,168.
BflMotS Roljert 139, 167, 879, 889, 898, 400,
409, ^ ^, 429, 453, 465, 460, 48B, 500.
Baearit, slaler, 804. „
Bauett, mUlam, 126, 134, 133, 261, 390, 410,
413, 418, 42l m, 441, 400, 477, 480.
Bayle7, 9amiwli 91-
Bmch, Beenli, Bpody, Xti.
Bunh^ BescI^ John, St, 122,139, 1T8, S70, &S.
Beach, Besoh, Kiohaid, 18, 17, Si, 46, 76, 92,
132, 124, 138, 170, 178, 184, 294, m,m,m,
BIO, 345, ^6, 364, 384, 427, 480.
BesBk, Beeeh, Xhomas, 139, 282, 261.
Benolisr, laaao, 139, 498. _
Beamonb, Thomu, 13, 60, 61, 94, 138, 929, 292,
BeKBldaliti, lilal for, 62, 73, 296.
BfflHev,KiohMd, SoijBBDt, 17, 28, 50, S3, 133,
138, IM, 802, 806, 314, 882, 446, 469.
Becklef. eietor, StU.
Bedtbrd, UarEwret, 83, 89.
Beere,Adiua.4n,431.
Bsll, Abraham, corporal, 9, 18, 35, 60, 93, 137,
141, 160, 194, 226,276, 303, 333.
Bell, Bamfleld, 173.
Bell, Vrani^, 8,68.
BeU,jEiiDM,m
BalllDEliam, Blohard, 1£9.
Bfflihaoi, John, 9, 17, 60, 91, 122, 139, 140, 167,
194, Wl, 261, 265, 292, 802, 864, 412.
Benham, Joseph 140.
Benhojn, ^ter, 304.
Benie, He, 467.
Beuset, Mil. 249.
Belts, Rogei:, 130.
Billingsgate aluM, definiliun t
■"--■- — ";oodmflnj^42.
^enrr, lo9, 264, 400, mo, 4qo.
Ltod fbr fllander and aeaoltte^ 26^
-■'- "--ninort«gBlnse,392, iOl.
±nanop,jameB,i«r,"* "" '" *""
Hahop, John, a09, '.
iffins. beffii
125, 328, 371
Lding, Ceffli
nfl, Ceffloch, Mr., 160, 15
I, 302, ao, 316, 319, 320, 31
Comfleld, Ma^ew, 10, 18, 138, 140, 22
302, m, 316, 31^, 3^, 387, 404, 4(ffi, 4:
421,448,466,486,
Camp, Kard.lOB, 1®, 278, 163,
Camp, Qoodj, 202, 296,
Camutan, Champion, Eobcrt, 2B, 49, 67,
Canoes to be viened and maiWd, 167, 2
Capital oB^nderB to be (out to New IIa»(
Ctuoncbood, 1, 6.
Carter, Henry, 139, 411.
Catchman, HioWd, 169.
OhadBeil, Bichard, Mr., 369, 360, 373.
Chambera, Thomas, 39.
Chapman 'John, 9, 17, 20, 41, 60, 91, 121, 1
136,137,144,147,196,460,
Chappell, Qeorge, 124.
Char^, A:«emanB, 19, 20,
Cbarge ftr maatflra ofthewabA, 68.
Ohatles, pxidy, 246, 273,
OhulBB, John, 17, 29, 92, 121, 163, 422.
action against fct loM of Mr, Bmnce'BTesi
231 i fiw am tempt of court, 29B i filEoider, 2
Chatteiton, William, 140.
Chaorera, feeWel, 9, 17, 20, 50, 66, 71, 91, 1:
137, 181, If — ■ """ """ ■
^, 1^,308,'303',43
ifirBchoolmaster, 310 ; depaly tor Oa jnri
aicWconrt,274',
Cheevera, uater, 303.
Cbidaey, Jolin, 139, 334.
Calmneja to be awept once a monlh, 121, 212
UblpperBeld, Xlmad, 13, 75, 77, 122, 123, 13
151, 261, 773, 292, 380.
has llber^ to make bricks In the pl^ns, 22
CMtteuOen, Mr., ofOnilford, 332, 472,
dtnreh, franels, 71, 123, 139.
Chnreh-meauban onb to be IVee bnreesaes, li
niBii^lihn, 9717, 20, 67, 79, 92, 136, 137, 16
164721B, 238, 380, 802, 810, 338, 334, 364, 87
jnterpreterat Inuau treiLty, 7 ; sergeant, 11
141 ; dedred to talte notes of proceedinga
_j^op, goodman, 142.
Bishop, HeniT, 189, 264, 400, 433, 463.
proHouted fbr slander and acqolttf
aotlon of Hr. BaTengort agalna^ 392,
- IB, 2S,81B, 480,4m,
Blaekbirda, Temid tOr klUIng, 446,
•idt-^A
7, ke. '
j^jacuman, mr., [
Blakaley, BlaekaleT,
124,188,152,271,
Blajden, William, 67, 132, 139, 183, 204, 271.
m, 822, 324, 3W, 378, 384.
Oiarkc, James, 17, 92,13*
Claike,'Eobert^l40''
Clarke, rister, 303, 804,
Oijike, Thomsa, 138, 178,
Clar-pita to be laid ont (
Mr, Daianport has llbe
17,92,138,304,391,
)yGoo»^lc
Hobiirl, 7, 41, i7, 92.
a, 1^9, 210, 226, Sll, 813, 3
^tb, to proenre patet
GoiiaM>le,^., SO.
Coogtsblfl, UiB,, 93, 196
Coopsr, vowpm, John, JO, IT, 60, 83, M, 12B,
m, 171, m, 2SB, aa, ^, 261,276. 277, 292,
298, 802, 306, 863, 376, 376, 404, 4061 409, 416,
419, 426, 431, 444, 446, 447, 462, 464, 469, 4«e,
486, 496, 603, 604.
to sweep obbaaeja, 121, 212 ; to be public
poundoi, 400.
Coopeca ngro to be brUDdod, 377.
Connrdl ormr appointed^ ISB, 167, 484.
70, 113; fc[ theplantsaon, 160,191,
Cox,Bdwjird, 24.
Cax, Joseph, 170.
Orab, KlDh»d, 128.
Ornns, Ciafiie, Ja^peF, Mr,, 9, 17, 39, 4(
43,«,47, 49,67,58,61,63,61,138,143.
156, MI, 164, 172, 179, 196, 216, 281, 232
273, ass, 302, BOfi, 325, 381, 376, 377,379.
391, 401, 40e, 428, 433, 436, 440, 444, 459
1,6,9, 11,13, IT, 21.26,6
43&,4frr.
choaen 1^ lbaiidati<
ifl0,184,^. :is7,'
f.
1^ toaai
Bi, ^"OB, 196 J. loVtS bi"fei
oharge, 1%189; Luke Atkiii
defiimliuE, 279; acUon of, isa
op, 392.
SsTenpocC, John, jnn., 140.
Darenport, Mrs., 803.
2^'2X80a, ' '
SaTis, John, 46, 63, 140.
Diirls,^Cer, 308.
DiTls, WilUaoi, 13, 133, 149, 166, 814, 404,480,
448, 468, 479, 486, 49S.
Daflonj,Deialiton,lt«lBh, 18,60, 13D, 162,103,
172, m,iSS, 430, 464.
Dayton, IWghton, Bnmoel, S, 58, 272, 203,
I)sit<«, goodman, 303, 320, fO), 326, 361.
Deaimar, Deimec, Ml, 60, 98, 196.
mtchlng, 874. ' '
BelBwMO Bbt, 7fl, 124, 147, 184, 280.
plmtetlona to be eettJed at la combination
with Mew Haven, 66; teeatment of Mr. lam-
bertou and others by the 3weeda at, 106-108.
Deputiee for Now Haven chosen, 21, 44, 69, 78,
86, 119, 125, 148, 16B, 171, 274, 854, 881, 466 ;
. proposed to choose joarljr, 137 ; old to con-
tinue, and then to be ohos^ annually, 225 ;
riartiction. 111, 112, i26, 146, 147, 156,
227, 274, 354, ^91. 466, 481.
leputj govomot, chosen, 113, 375; to
governor His oatJi, 133.
Jicteneon, Thoma!, 77.
Illliugham, John, 90, 133, 183, 161, 428.
limoch, Tobias, 233, 288,299.
>l9boroagh, Samuel, 9S, SbL 872, 467, 492.
llxon™ remy, 9, 17, 41, 44, 60, 93, 196, 44
Ul of, presented in
i"lionS^''32S.
itot the harbor by the, 333,
> go to'the i>uCcA goienioi',
ay, 413.
juots Capt.nnderhillaQd
Eeton, TheopMoa, 1, 6, B, 13, 17, 33, 24, 36, 40,
44 46je4,Sl, 121,127,139,16^170,829,488,
46"7,48B; ohoBen (bt ftmndatlon Boit of the
chimih,ia; oneofthe BBvenidlJan, 20; mag-
istrale 21, 44, 68, 78; landaraaCea to, ^, 1D5 ;
commladonec Ibr 0. 0., ST^ 9G,UT, 376; gov
eruor, 112, 375 ; tabes oath of oSoe md fldel-
lt;,136; tieedaomjiBTlng rates, 457 iletteia
from, to GOV. Sieft, StB5 ; to gni. BtOTTesiuii,
607, 6iB, 614, ess, B26, 627, ^ 680 J82, 684;
to gov. WintWp, 617 : lettsrs ta, from aov.
Stuyveaant, 612, 6^, 626, 627, 681, 638, 686.
Baton, James, 140.
Baton, old Mrs., 60, 91, 186, 194, 808, S3i.
ScUm, »lrs., 3^, 246, 268, 270.
Baton, Samuel, (Bev.j 9, 17, 20, 24, 40, 46, 50,
91, 196, 488,
Totoket granled to, 40.
Baton, anmuel, 140.
Bdwards, Elebard, 109, 189.
mdred, Mr., of London, 393, 299.
Mdred, Mrs., CO, 9S, 94, 96, 196, 427,502.
BleoUDns.lobB hold hi October, 21,115, 191.
Ulloott, Anthony, 140.
ElJsey, Thomas, 9.
E\ssf, Nicholas, IT, 91, 122, 138, 156, 166, 314,
296, 802, 411, 458, 432.
„.,. 1 ..^.^ "63,30*.
',232,267,829,477,489,
', Robert, 122,
„ id, John, 163, _
Kiance, Ilavld, 125, m
Iranoe, John, 13,35, 26, 49, T4, T6, 77, 79, 98,
137, 151, 173, 17B, 196, 319, 341, m, 27*. Mil,
397, 301, 303, 304, 320, S36, ^ 88& 884^84^
364, 886, 86^ 872, 876, 879, 408, 41^ 414, 419,
431, 425, 429, 43S, 440, 463, 468, 463, 477, 430,
490, 496, 493, 499.
deputy, 119, 125, 148, 156, 171 ; proposes to
arlestbrlossof
famunioatcs, «i
JT, 393 ; Dgalnflt *
,Gooi^lc
S40
BiitnM3amu6l,'l40', M.
IND
139, 329, m SOO. !
IS.
; 0^ offcrad to the
llbbons, Olbblni, Kenn, G
271, m, SW, 325, 379, ID
Irinoh, Abraham, billed by the Indians, 23,
■ -" proiiaeaftir the tomi, 49,212,
g, O^Bo'ltOD, 3
roinBter, Uapt.,616,621.
Fofflw, BiBter, 30t
Eoaler,wmiaia,Mr.,10, 31, 33,39,92,106,11
127, 129, 188, m,m, 174, lai, 2e7, 37fi, 27
273, 303. 326, 409, 421, 495.
Dhosea mD^BtTate for M1IfoM,llS, 27& ; h
Eeuit, S13 ; sergeiuit Df ErtUleiy, 382.
So5ni,l60.
ruskluid, ThamSE, 42, 4S.
rcea-imrgeasea, church membere only to be,l
17,110,112,191.
Prwunen, list of names of, 9.
Preemaiis chugs, 19, 20-
Bnirili, Thomas, 9, 17, ^, 26, SO, 31 49, 37, 92,
t&,laT,lB», 196, 288, 214,272,2^,866, 813,
436, 440, 4M; ChosmlOr lOnnflation irork of
ol!.iuuh,ieicneof theeerealnUBrB, 20: dep-
nCv, 31 i pnltlia notaiy, 21 ; secretarr, ii, 58,
73, 119, 143, 171 ; Koretdiv fiiF j^^kSon,
112i laiideninl»dtoat'WeitBoQk,BO;land
peoded Hgainat firr taking lit more luid than.
hlBp«iIiortion,uidlbrlklsl^rlnj7 orders, S31:
deprtTod of hifl office, 236 ; fbrbiddfln to cell
his goods or remoyo, 260 ; fluod fcr Ills un-
,^Uousiie8S,362.
i^W teWot, 123, 183, 3S3, 492.
action of, ageJnst^nmcis Newmm luid vl&
for slander, 473.
rxmdameDt&i r^reemeat oni339, 11 ^ to be sigD-
ed by aa admitted pLintcre, 17 : of the jnris-
dlcdon, 112-116.
Fyde, Bichard, 261.
Gal^n, Fhilllp. 251, 259, S27, 335, 3<j6, 421, 450,
Oame«, Thoms, 39.
U&tcs to be loiiie at end of OTerf street, 24.
General court fbr the jnrisdlctloii, hov cddeIj-
tu tod, 114.
Qmei^ tridnhiss, 160 ; Udms of, 187, 202.
GenninEi. Nlcholss, 38, 105, 122.
{lMn8j^bnem8ie,'jo^l)li, 189, 239, 327, 3S0,
Gi^fl, William, Mr., 10, 18, 126, 126, 184,138,
143, 149, 161, 196, 221, 233, 263, 267,275, SOU,
836, 376, 392, «S, 434 431.
deputy, 166,171, 274, S54, 381, 456 ; treaaurer,
381,467; dechnes but Mlaiued, 337.
ffibbard, Mrs., 303.
Gibbine, StUbona WlUiam, IB, 42, 94, 188, 145,
10. 122, 124, IS
, 9,18,44, 12
26, 4M, 468.
Ic.W
h}hA^.C'
Gibbs, slBtec, 803.
Gilbert, Matuew, Ur., 9. ±j. u>t, jm.ai.od, »■,
67, ^, 91, fli, 126, 135,137,1^, 149,163, 173,
196, 241, 267, 293, 819, 404, 423, 430,141, 4^,
473, 496.
chosen for Ibundatlon nork Df chnich, 16 ;
one of the seren pillars, 20 ; deputy, 21, 44,
51, 53, 69, 73, 85 ; land granted to, 96.
Gilbert, Mw., 89, 303.
GildflTBiccTe, Richard, 10.
depuU foe Stamford, 85, 112.
0%''*,;;
dfi-ey, Joseu!
i88, S99, 33f,
loodman, Mr. ^Ox., 30.
ioodjear, Stephen, S, 18, 51, 66, 67, 68, 76. 77,
80, 87, 91, 112, 127, 1S7, 112, 11^, 163, 171,
178, 211, 241, m, 263, 307, 339, 883,366, 372,
col, 97 ; depnn gorenmr, 113, 129,
commiSBJnner ibi TT. 0., 117, 375 ; (icensea m
brew beerfOr town, 1B3: JetlBT &om, to gov.
StayTeeaut, 511, El7 ; lettsr to, bom gov.
atuyTesant,613,63a.
loYemor, ohM«o, 112, 276 ; lakeB Wa oath, 136.
fasjiut, Bdvard, 487.
Ireat guns to be fitted for genioe, 121, 136, 168.
Iresne, widow, 60, 92. 194.
ir^m
Oi'cgson, TlioDiDS, 9, IS, 25, 29, 31. 83, 46, 69.
76, 79, 90, 91, 98, 112, m, 124, 127, 137, 161,
162, 170, 174, 2BS, 829.
Ii deputy, 44, 61, 6^ 69,'
37, 96, 117.
magistrate, 112, 129, 276 : 1
112,111, 197 ;ogeflt to prog
Qnilford, 110, 1I3, 129, 130, 229, 231, 845, &
430, l^m,l^.
named, 97 ; Mr. leele and Mr. DiaUoroa
onof, ^liistJo)mCefflnoh,Sri,
Gnillini, Ja
Halbidge, Holbridi
33, 39, 46, 66, 92.
370.
Halbioh, itldow, 38
3, 163, 170, 252, 302, S61,
)yGoo»^lc
Hell.' Ke^ llj.
Hall, Job, m, 242
Hall, Jolin, IS, GO
aw, 378, 879, SB
,ili.
HnrlOfjprosQdtignMimproye Uia.U;
HHrdlng, WllUaBi, 66, 71. 73, 31, 161.
whlpnod Hii4 Bent Dot oC mo plantati
HMdr.Timam, 276.
HscriHuij'Slcluird, isa.
Hurt, Mr', 82S, 6^, 528.
HsFt, Thtmas, 169,
Harwood,' fidw&rd, S3.
Harvio, zoDdman, acdon of. afti^st; M
841. ^^
Hftnard, Howard. IZoywood, JamoA, 1
261, 308, 339, 397, t79.
Inrealor; of, pnsentad In court, iSO.
WJfl, -UD, -HO, -rtD.
to Iceap ilie oKHuaiy, 425.
Hichcoob, John, 141.
moko^B, Mr., 67, 91.
CUunlBB, 80, 893, 4T4.
-,^ . Jolm!B, 80, 432 .
Higglnson, M»., 49, 93, 181, 196, 804, 473.
Inrentoif of astaM o^ to be taken, 28 ; digt
buUon Of ostate oi; 29.
HIgglnsoa, NeophltuB, SO.
Hiraiinon, TheoBhUnB, 18. 80, 90, 109, 126, 1£
m 145, 229, 3»1, 29i, 302, 3^, 3S0.
mil, ^anjaoijn, 139, 3^, 26?, 898.
Blll,Jolin, 122,188,163.
inreatoTT oil proaBntod in couTt, 862.
Hill, Robert, ifl, 17, 60, 93,109,138,194, 21
3(18, 862, 8B9, 426, 430.
Hill, Mr., of mndoor, 80.
Hltehoo^, Bdwara, iw. 139, 264, 274.
Hitolinoofc, gooduiflii, 138, 319.
Hltoh(sock,]aa,thew,MBthlas, 1
93, 123, 123, 126, 133, 303, b
411, 477, MS.
Hltelicoat,Mi,,602.
HitbHeid^tbiehias, 141,
Hodl«9B,Sogktiiaa, Saoioel, 30.
45S,fiT.
!66', sio, k
'0; damage
i, 390, 415,
Holt, Willnim, k, 109, ISO, i
444.
Hooke,Mp. [WilUani,] 174, 808, 824, 417,
Bookel WllK<UD,jim,, 862,
Hopfeiiie,Jlr,,24.
Honper, Daniel, 140,
HoeHoB, Bamnel, 76, 77, 121, 123, 126, 139.
^444, 482,4
ubbnll.Riol
nckl;, Thtmias, 141.
aowB, NalJiEmiel, l^L
II, RiohBt.i, 1
B Z . 541
Hudson, John, 140.
Huilt, Sir., 66.
Hall, Andrew, B, 18,44, 92, 124,184,430.
Hull, biolUcr, 86.
Hull, goodj, 304.
Hnll, Je«mkh,140,487,
Hull, JoliD, 140.
Hull, Mchatd, 9, 17, 20, 91, 94, 187, 166, 487,
438, 493.
Hnmecston, lleu^, 140, 149, 470, 499.
Hunted John, :^, 163.
BB, Thomas, 126,183,
es, WiUiam, 122, 294, 310, 345, 3M.
inventory o^ brooght into court, 300.
idiauB, aiaolesofagro8Bi6ntirith,l,6; plant-
ers not to pomluiee Itud from, 27.200; not to
be flicniBhslirith ajma^o,, 60, 206 i men to
go agalnat whan sent, 78 ; mai Bent to Join
with men fiotn Oonn., aralni^ 110 ; Hatch
deB\r6 soldlen to be ndsed A>r aid again fft, 116 j
man muidend by, batween Btuoibid and
Furfield, 1S4 ; woman murdersd by, at atam-
ford, 136,146; rumon uid turaolta o£ 168 :
tEDublea with, at Stomfbrd, 481,
ilmbitauls to take oath of fldell^, 130.
m, laud to be l»d out llw, 48, 208 ; IVama pro-
niUam, 9, 18, 28, 61, 92, 133, II
33,387,431,47-
in, 140, 320, 81
197, 22S, 223, 232, &
ames, Urs,, 304,
^^42B!'44i. 487, *
efiety, Biater, 304,
802^12,361,^56'.
., 18, 91, 13B, 314,
1,183,137,166,283,
Johnson^ Jeiemlsh, 140,
JohuBon, John, 13, 17, 50, 59, 98, 140, 196, 272,
Johnson, Mr,, 31.
Johnson' Bobert, '69, 138, 166, 163, 272, 278,
301, 31^, 404, 466, 486, 437, 5U3.
Jordan, Mr., 472.
attorney &r l^wn of Ouliford, 871, 481, 497.
Jndson, Joremlah, <^ Stratford, 444.
Jndson, William, 139, JS4, W., 827, 339, 876,
408, m, 466, i79, 488, JflS. - ' '
Jurisdiction, deputtee ohosen flv. 111, 136, 148,
147,166,171,227,274,354,8^,486,481.
eonstltuUon of, 112-116 ; court, when 10 he
held, lia.
Keely, Keylja, Edward, 139, 411,
Kimber, John, 189, 261, 262,
iamberley,Abi-flham, 474.
Kimbeitey, Kathaulel, 484,
122, llf ,'l44, 133, !l94', 254, 8cfe, 3i4, ^I6,'489!
462,460,482,479,488.
)yGoo»^lc
King, Oeotgi,. .
KfngaarmatobBsatup,
Kit^aU,Uc.,32G,422.
INDEX.
; marehfill for juriBaloUon, 112
II, 119, 14B, W4, 354, 381, 457.
t, 12S, 139, 142, 147, 26
.omlBS, TViaow, gooOy, 94,304, 333, 601.
hot, rates foe warea ojid, 35, 62 ; nenalty foi
taking mo» than the uppainteif, 44 ; In"!
m, WB, m 162, 172, i
Ltyfiwjai
109; dopoty ibr Joriedlctlo
"9, lis, Ife '-— *-
lamsou, lAmpBon, ^bDmas, 10, S2, 122, 126,
laa, 2k, 277, 292, GD3, 312, SIT, 37S, 38S, SSO,
400, aM.
lampaan, ilBter, 227, 414.
Iand«,llim dirid(ni(i£ 30, 192,195;
parotaaflfid of file Indiana bj TUaatei
Idiebs, QKOfltid, 373.
Larelis, Mr., ass.
^IMfl*i8»f,'424.
laud, Lnro, Thomu, t
Law, KIciiaid, 10.
Lavreoee, John, 84.
' ■"■— as 3B;.
», 133, s:
Oeorge, 50, 94, lli4, 135,
489^^1, ^,4£2, 4^.
PhiUIp^, 122, 139, 16S,_1!
2a,'275, 2^7, 384,
450,457.
corporal,
dloUon, 276 ; attorney for t.
8J1, 481, *97.
LendaU, UndaU, UndoU, neni
Lenis, Mr., of London, 152.
Llne.Wne, LojnaB, Lion, Henry, 109, 13
3Zd,412.
linen, Kaipli, 139, 371, 285.
LiDB, Ben^min, 17, 2S, 41, 44, 89, 93, 133, 13
226, 302, 887, S88, 880, 403, 411, 4^, 469, 46
468, 496, 601.
lAromoro, J
iB»,2ao,2:
4ae,444.
44. 92, 133, 151, 167,
,302,807,313,313,428,
Lucas, Mr., 49,93, 94, 96, 196.
LoclLiug, goodman, 65.
LudJow, Hr. [EoMt,) 74.
^ar ifl ve om. , te iia a ug ive,
Lnptoo, Kesto:, 498.
Luplon, Tiiomaa, 138, 147.
Maglstiilea, ciioaen, 21, 44, 63 , 78, 112, 276 ; to
keep book ofwairanla, &c.,B3, 216 ; contt of,
when Held, UB.
Maibon, Koburf, 9, 17, 28, 82, 60, 61, 66, 72,
ei, 84, 91. 94, 95, ir^, ISi, 120, m, 137, m
143, 146, 150, m, 170, 17S, 181, 18^ 196, 229,
242, 260, 267,292, 302, 806, SU, KB, 838, 366,
863,369,872, 877,%, EnS, 42(^452, 453,438.
oiiosenforfbimdatdonafoli'aran,!^, deputy,
69, 78, 36, U9, 125, 148. 163, 171; to onler tSie
taeaBurer, 857119, 148, 166; depnlj commiB-
sioner for U. C, 117, 118 ; deputy Kic Jorla-
diotion, 125, 146, 1*7, 156,171; captain of
aitlUory, 168 ; caption In ugt. Tncnor's ab-
MnUeiy, Peler, 139, 435.
Man, bufamuu 51-
Manahutcir, Thomas, 26, 3
MuiBlield,Jo»^, 1«).
Mai^ta or fluTB to
Mnreh, Jonathan, 94, 122, 126, 139, 878, 899,
"" 424,492.
, Samnel, 140, 229, 238, 270, 271, 272,
Uar^it^l, m., 50, 80, 98, 196.
MarBhnJl, Thomas, 139, 48fi.
Murshail, chosen, 21, 44, 58, 79, 119, 148, 171,
374,854,381,457; thii — '' ' -'■ "
L, ttoliert, 94, 133, 164, 2
ow,403,449,4W.
Martin, Samnal, 63,64.
MarUn, tost«r,304.
!,SS3,'30a,'3S7,'
Id to yien, 41 ;
K 176, 278, 293.
9, 399, 400, 485,
)yGoo»^lc
looMng.iB
Meggalli, eoodmsD, US.
Magga, Jffin, 189, 164, 181, 163, 280, 293, 301,
m, 313, 3ll, 361, SM, lis, lis, 430, 423, 137,
«0,4K,466.
aoMon of, agmnat Henry GreBOcy, 345 ; oliil-
sen Dlffik of Ualn band, 382,
'"-~^, goodj ■""
Heljn '
t, ^34!
Jacob, 140, ,
.-__,Mr.,i«,
Merdmui, HnUmniel, IS, 50, 04, 133, 242, 416,
44(i, 469, 460, KB.
MeiTimau, UictaKl, 13.
UeBaenger, Andirew, IS.
MeBButonoli, 22,
Metealf, UeOcalL John, 122, 151.
Metdai^ MedcnS Slepben, 18, 50, 69, 106, 126,
188, 151, 167, 1B4, 170, 235, 3O0,
Mewbewbiio,^.
Miles, Uyles,lUatiiira, 9, 31, 41,69,91,130,138,
156, IW, 166, 177, 179, 189, ^7, 267, 372, 292,
300, Sta, 306, 307, S19, £29, 830, 376, 376, 387,
401, 408, 410, 438, 434, ^,479, 431, 439, 496.
Barrajoc of rondB aod biMces, 143 ; dBpnty,
331, 4£S; olerk of artlUet?, 382.
Ullea, SlDha^, jns., 140.
Mllea, Bamnel, 140.
KUw. slEteF,n»dy, 303, 831.
MUftrd, 112, 118, 127, 129, 130, 306, 828, 326,
S61, 411, 426, 4S2.
admitted to Jurisdlctioo, 110, 19B ; mugie-
MIU offered to rown,' 74 ; no oilier to bo built, 76 ;
MiltHelll Thomas^ 18,50,138, 150, 321, 339,423,
Mairia, TJiom
39L372,S3
Uos^ i*n-, et , -,_-,.
Moese, JohtiiO, 17, 29, 32,^ 126, 187, 139,:
Oi, 138, 312, 369,378
,94,96,1
.,124,— ■
Qua.
MonlCbi
817,3
Uoulibi
UUBB, 23, 29,82,42,47,
294,369.
13,70,92,138,163,314,
i, 480, 477.
[ouUbrop, UaChew, jun., 140.
luasou, llhoDiu, 9, B, St, 36, 61, 61, 94, 95,
133. 144, 155,160, 165, 183, 216, ^4, 230, 303,
304; 334, 371,870, 878, 838, 890, 8»1, 420, 424,
426, 423, 489, 458, 450, 406, 481, 486,496, 601,
I, Josapb, 10, 96, 139, 171, 302, 41
cpontl, SIS.
(MbJ ^01005; lo, 18, 40, ei, 138, 144,
A^, 223, 30!i, 3au,«.u, «o,
Naab, Timothj, 140.
Neck, tobeplaDteatbTGereuyoaie,26;budfbi
paBtiUB, 4S ; to bs K stinted oommon, 82, 167
197 ; conuuTttee ehoBen about Smaog, 125 ; b
be natd fOr abeep paiatore, 818 j Co l>e cleared
C jnrlBdicelou at, 112-
feen Totokot and MU-
lewman, rrajids, 9, !l7, 85, 41, 50, 61, 62, BB,
12S, 126, 138, m 146, 160, 176, 187, 136,231,
236, 239, 268, 267, 275, 293, 302, 314, 321, 386,
876, 876. 888^ 890, 892, 401, 408, 421, 436, 433,
450 466:496,
eneign, 76; eorreyDrof loula and bcidgea, 148i
deunty, 166, 171, 274, 864, 331, 466 : lienten-
ant of Bidilaiy, If " ■ '--'—' >-•.'- . ■■
andor, 473,
j!,EioWd, 50, 123,139, ita.aji.
a, Robert, 9, 12, 16, 17, 24, 41, fll, 62, 67,
r, 93, 109, 120, 148, 167, 178, 105, 241,
ite, 368, 372, 377, 379, 397, 404, 409, 402,
Newlon, BdiTM:d, 183.
NewtoD, Tbomas, of reirOeld, 239.
Nlchola,Adam,9,lS,a5,50,61,121, 134, 188,
271, 276, 808, 314, 870, SM, 400, 436.
Hiohols, elBtor. 304,
Norai, Thomus, 13S, 151.
Hoi'loui Ha., of Cbsrleetown, 180.
Notary pnbik,, ThomnB Bugiil cboBen, 21.
Oath, formK of Kpproyed,130; forma of, 136, 137 ;
ofAdelityad
209, S7t^ jtoKHiUon to Bet DP another by tbe
nateiNSidfi, 167 ; Phillip Leeie desired to keep,
240 i wine to be drami only at, 278 1 John
Herriman. and IiIb »Ub to keep, 4^.
Osbome, goodman, 39, 66, 87, m 802, 361.
Oebome, goody, 8(f4 ; aleter, 303,
Osbome, JeremlaH, 140, 284, 478, 488.
OHborae, BJobatd, 17, 46, 92, 133, 279, 308, 309,
316,819,821, 3^,336,431,448.
OEhoroe, Thoniaa, 18, 92,-138, 264, 308, 314, 488,
496, ,>-....,,
Owen.John, 79, 81, 186.
Oyeteisbell fleld to be ]e6, 03, 216 ; tenants of,
94 ; disposed of ibc pnblio adiBntage, 404.
,Gooi^lc
6, m 188, 225, 242,
f arket, Bdirud, lis, 133, 251,
£21, kid, 180, 497,
trial Df, tbr slimaeT, 267.
FtbAmui, Pukmore, Elias, S8,
FatUament to be applied tfj for j
leHer nceiTOi fiwo, 414.
Paimele, John, of QolUDrd, 34S.
Purott, r[B!iels,24, 197.
Faraona, PenDDB, Rolwirt, 138.
886, 438, 438,462, 465, 4te.
Patent, Mr. QrMBOn appointee
en« 149, 211.
Pstteson, Bdnacd. 18. 92. 133. 1
Patteson, slstei, 3
A, giHdmaD, H2, IDS, 12l>, 1^
Puilliig, Sun^fuul]
FawEflSBebtj 74.
Pawle, Beojamta,
3,184,214,215,260,
141, 139, 274, 337, 411,
4, 92 94, laS, 144, 184,
jRU, 000, i>tO- BB£, TtUi, ^^y *00, *K).
Fambigtoa, Epln^, W, 13^, 406.
FsrMiie, ESwaid, 140.
FeiC,1fUllBiD,»^B24.
Fery, goodman, 898.
Pary, goodj, 839.
Pei7,MBiy,2B8, 470.
Vfxs, Mis., 803, 416.
Fst.,BMiaia,a,17, 26, 23,39,41, 44, 60, 61,
^,77,91, 1^,134,1^,141, 146,186, 198,228,
250, ^, 302, S20, 327. 833, 834, 3S8, SOS, 369,
373. 418, 416, 488,-
Btahop, ftir Blander, 263 ; has liberty to go a
«qage,8tM,354.
Pleg,Kobert,lS,46, 60, 61, 94, 138, 166, 162,
aS,4J5,4M,4BB.
Plt6,Mi,,ofUiiiH,i™T,151.
FlkeB to he pTOTided, 214,
Fitet, •IlehaeL 607,
PlanlaHoii court, Mme of holding, 160, 191 ;
lof, 118,192.
to glTO In Diuaber
■" 102 : list of, 91 ; oaw oi noeiuj aa-
toj 137-141 ; to be present at gen-
estcte, 27, 192 ; list of, 91 ; oath of
mlDiBtereatOjlS--"^--'
eFalconrts,21S.
P!al,K ■
Plitt,
9S, 94, 1^7, 138, 238, '302, 408, '482,'
onderson, Pundetsoii, ^sCer, 303,
oore, Mai'garet, 105,
otter, brother.miSSi gooflman, 32,
otter; John, 9, 13, 17, 92, 140, 262, 279, 4!
leather sealer, 366.
>iefltoa,eisl9r,88,304,82!
'reston Wlllliii,17,8l,9]
244, iS7, as, m. ai4, s.
Quick, goodnian,46, 74
new ivsy of, 448; UasSKihusetts low Ibr, adopt-
ed, 494 ; oonunittce chosen fin, 495 ; &r lanls,
43, 186 ; tiir hDDses,l102 ; Kit iiareB enid labor,
So, 62 ; penal^ fai taking mora than the ap-
porated, 44 ; laws ooBoornlng, lepealBd, 61 i
npoiLthejunsdliildon, 97, 113,482.
Awse, GeoiBS, 141.
letters nceJrod mm., 113,
183,122,139,151,161,16
charged 'nlth remOTlm; landmarks, 174.
obineon, Thomas, jun., 139.
ace, Bobert, 401,
Bow, Mathew, 109, 126, lM,13a, 260, 411.
Eone, Owen, &9, 40, fi0,,91, M, 129, 164, 196, 427.
Kojes, goodmim, S60,
andd, JfmaHuji, 128, 133, 188, 258.
Uudderfind, Sntherfbrd, KotherfOrd, Henry,
92, m m, 802, 8211, 333, 403, 460, m.
Butherfiird,Sais]i,301; 9lster,304; Mrs,, 436.
11, JamoB, 18, 63, 133, 160, 302, 430, 469,
in *ir d^.^^T." '™
lugston, Mr,, 74.
Ssnle, Thomas, 26, 28, 41, 1'
)yGoo»^lc
69, 130, 191.
SextiuE people 1b Uie meeUtig house , order of,
802.
Seoicete, Saekett, John, 66, 189, 271, 300, 30J.
SeoMtarT, oHosen, 21, 4t, 6S, 78, 119, Hi, 371,
280,274 854,881,4571 toteep book ofalien-
Moae, 88 i enlorj of, 182 ; Thomas FngiU *i-
prlToiof offlce of, 226 ; chOBeii (Br Jurisilc-
tloo,U2,S7B.
Swly, MeChnnlel, 232, 308.
Beelr, Bolert, 9, 17, 20, 26, 26, 31, tl, BB, 64,66,
eK io6,m m m 143. 146. led lei, i6t,
■gal ftr escape of mmiese: of Capl. Eat-
,137.
Slues, Mr., of d'oDMcacnl, W
Stone, Mr., 473.
Standi, Hem;, 92.
lettara ta 507, 608, 500, 611, 514, 623, 526,
527,628,630, 582, 634.
letters from, 512, 513, 522, 520, 52T, 631, 683,
81, 106, 124, m 142, 143. 146. 16* 161.
ira, 176, 2^. 226, 270, 292, m 3£S, 806, __ .,
""'376,884,404,404418,431,428,
. mo . i.^]j Jj i4 68, 7B ;
of Biflllerj, 168 ;
446, 496, 606, G03 ; menhaU,
Joftdier eerMJT, 2 , ,.,,, —
Bnglaod, 276; cnptalnotorl
sins to Tt^ga lieiiteiiaiioy, 4
Sselr, sister, 808.
Selllck, Mr., SSS, 421, 450.
fieiiT]ln,5.
SeiBaS, Joiiitl!Mi,13a, 347.
Jiroi^U Iguorance
SheB,th, 1^1^ Jacob, deputv :
Bhesp, keBplnH ot 149, 167. 31
Sblp Fellowsbki, help Oesiivii
Sntlfora. 129,
61.
launch, 273}
Ship tatoQ out of {liehsiljor bj the Duteli, 3i
Shirmau, goodmaji, B, 44, 184.
TamadfTO, Ruuui b, uo- ii
'IaaBer,Hicholaa,a6,5e
Tgnnlnji, hldoa spoiled
86,2lS.
at,L Edmond goodman, SB, 83, 92, 112, 127,
chosen muglstiate for MUIbrd, 112, 1^.
'T.^h lii ward, 27, 60, 93, 199.
i-oaenttd hi court, 278.
». William, 9, IT, 23, 81, 60, 93,
.., ,_.., 194,231, 272, 303.
Thickpenv. John, depositiou of, 106,
"bomia, John. 61, m, 122 "o "" '""' •"'
303, 360, 39^,443,491,
Blooper^ hloholas, 477, 4!
teth,a4i253,26!
™, 18, 8T, ra, 1!
11,172,132,318.460.
Smolb, gmoolC, Hlchard, 267
Bmjth, Ahisluun, 61, 427.
BiBJiih, Brands, 128.
So^h, eoodniBn,13S.
Southold, see Yennycot, p
d,Obadlah, 1
''oliBrd,B89.
n, 20, 279.
Spencer, Gwrga',^, 81, 32, 83.
trial ot, ftr fieasHaUly. 62-73.
■ Sperrj, Eiohacd, 122, 138, 37&
gpinnage, SpoQuiDE. Humpbre;, 29, 28, 41, 140.
SgnadrooB, ona of the, to come atmod to the
meetii^, 119, 203.
Btalllon, Stolvon, Mrs., 66, 80, 147,174,136,
199, 241, m.
aoonsed of einCortion. 175.
Stoljon, Ahrsham, 139.
SE^on.Mr., 174.
BtBBriBrd, 45. 86, 97, 110, 118, 127, 129, 130, 134,
199,448,633.
niuned, 69, 199 : trouble «lth Indians Bt, 69,
79,119,186^182; constableohosenfor rS.
Interpreter
.68, ifO.
oae,'l22,*133.
el, 21, 324,2
?• Irauiberton and
>r,Ml<:bsel, 41
:^!^^
Thon^
a, nallor, 144, 151.
33, 139, f
lompson, TompBon, Anthony, 9, 18,41,79,
92, 126, 138, 140, 1^. 160, lS6, 381, 272, 277,
230, 300, 3^, 305, 307, 8lA, 816, 319, 826, 364,
, brother, 62, 88.
,wiaow, 413,431,444,486.
1, Williaai, 10, 13S, 138,
Thorp, Nathaniel, 141. and see Tharpo.
Throckemortou, Mi'„ 522.623,
Ticbener, Titchin, Martin, 139, 400.
Till, James, 168, m 413. 416. 418, 420, 4S7, 464.
TilUoo, goodwife, of Virpnia; 421, 450.
^ifhoS
Tooioj,a'only,
Toq.uBins,
nilh Neir Haren fbr, 46, see Bip-
LS,fiiainfora.
42, 44, 46, 47, 84, 122, 163, 195, 297,
13,493.
d to RcT. Samuol G^ton, 40 ; to be dia-
rfbj fOBn eommltteg, 125.
C3 complsln that Indians hart their
i with about bounds, 4B2,
,Gooi^lc
Trednell, klvard, 295-
IrobrldEe, ThoDiae, Ut.,l
2M,ffiO,82&,8TS, *5t.
gnaJa of, attschel, 69 ; s
the childi'on of, 13S ; ho
Evance. 219.
Tumer, Ablgali.BST.
Tomer, Ssiuet, 1B9, U2.
Tdciw, Iwbc, 111.
Tnmer, Lttnrwice, 1KI.__
S2. II, VI, lu, HtVU luo, i
lao, m 174, isr, ^, ^.
chOBea ibr feimilBaoii work uj uuumu, iu ,
d^^, 21, M ; captain, 10 ] land givut«d
tci,42, m; healeawr,togotaT><!la.mteIlt^,
ST; daDutrfbrJurlstl[otlon,lli, 125,116,147,
■Up,) iei ; iDientory of, pmenMd m court,
S3e.
Tumei, BeliKca, 3ST, 469, 173, ISO.
Tattle, Tuttiill, Johu, 140.
Tnffie^JonBthan, 140. ' ' '
TotOe, alatec.aOi
Tuttle, Thomas, 141.
TDtae,WUHBin, Mr., 17, 41,43,44,91.139,165,
.*166, 196, 261, 270, 281, Sffi, 819, 334 '"^
Tjist,Wil!iuo,140.
Uocaa, 110, 118, 150, 1B7.
TmOeriiU, John, 10,118,127.
BotSBESfornid to Uie EnWl), Ue;
iret sbSps, w ; dispose
Bhip SnoUon odjudEed lo inarinerB at, 457.
Wakefleld, Joliii, 46, 75, 189, 308, 411, 421, 44
ise.
WakeBold, sIbIm. 304.
■WakcmsD, John, 9, 18, 41, 62, 74, 70, 106, IS
137,143,160, 161,171, 179, ia6,m,281,2f
305, 314,819,331, 377, 401,101,126, 118, 4(
136,196,
aeputj,6S,fl9,78,85,119,126,14B; depn
, for iurlBdlclion, 227,271, 861,331,
T.goodman, 258, 231,301.
IT, John, 18, 60,91,138, 140. 153, 161
, aZ6, 334, 405, 429, 441, 166,
juro, to pass at 8 a penny, 11, 311 ;
GhsseorToquams, IS; constable of SlamfOrd,
73 1 letter lec^reA ^xsn, S5 ; deputf foiStem.-
(«nk 86,129; maglaCnte tbr atamjbed, 376.
i Waid, Q8orgB,13jffi,_9S^lBB,W4,aee.
^andldiWn
, ..nmlW-ence' 1^,(5,1^,123,126,183,101.
. Watofi,o:'deratortho,ffi,71,75,205,271;3aii
~ie ^eptfi:om MarahltDla3CofOctob.,lS2]
'Kts(Ji^lS:^,18s'.
, BtanOard to be ma^e
Ttewed once a real, 242.
Welch, Thomas.ai, il, 91, 311,
Weion'
harge, 61
>tlieE at the t
...,uu.cuie.d,23, 199,200, 49;.
Wesanenok, 1, 6.
'"eBterhoase, VillBUn, 140, KS. 368, 866, 367,
413, 120, 129, 170, ITS, 176, 489, 508, 613, 616,
526, 626, 623.
ship of, edioa bj thfe Dutch, 333, 608 ; ftaei
from watehing, 876 ! acUon of Ur. Eiancfr
agohiat, for sUi
le tshen
347,35
WheelM, goodj, 304.
WhealET, Moaes, 93, t,, ^, ,
WHeeler, Ihomu, 121, 131,
314, 391, 417, 480, 460, 4oo, we, 4m, «itf,
IThesW, Thomaa, jun., 479.
WIie:p1j, Henif.m S26, 332.
White, Wllllini, 189,174,
Whitehead, Isaao, 94, 122, 126, 189, 181, 146,
469,
WhltehMi
corp^^ 76.
Fliltohoail, sister, 80
IVhlCman, Zachailah, 92, 322.
dopoij Jbc MiUbrd, 129,
■miitmoi'B,John,69.
depubj ftir atamftird, 112 ; m
Wtolesir'oMJi, ViEgleworai, Bin
^98,139,196,287,281, 302, 31
391, 897.
WlllieB, SridgeC, 321, 397.
Wjlkea, Mrs. Joaao,872, 379,
i7,23, 46,63,60, 91, 321,
ippltoted, 136, 167, 434. 1 TVUlmJuB, widon, 60,' 93, 191.
)yGoo»^lc
Wlllmol,
WlntbroftJahD.jeoT. ofMnf
ei tcoui, SB, 97 ; letUis
allnslcm. to hie dmeli, 531.
182,317,233. ' ""
WmSiliff, Bdwoptl, 36.
Wooden, WlUiam, 123, 138, 110, 2t
1 ordinary, 27S,
ram, 46i, SIT-,
Tsle.TliomM, Mr., 17, SO, 64, B6, 9
138, IW, 801, 802, 38S, 414, iw, 46
Yale,' Mrs., kl8.' ■ ' ' '
iBnnjctwk, Tennycott, 97, 110.
Southold.
constable appointed ftir, TO ; letl
TauDg man not to Uva
70.
Zeakei', Bkipper, 296.
)yGoo»^lc
,Gooi^lc