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IS itiSS.So.S 


GUT or 











HAK\ :.<!'• COllk'<it LIBRARY 

At a General Aitemhly of the State of ConnectictU, holden at New 
Haven in said State^ on ihe first Wednesday of May^ in the year of 
our Lord one thousand eight hundred and fifiy-six: 

Rtiohfed^ That the Recretary be authorized to purchase for the use of the state, two 
hundred and fifty copies of the proposed publication of the Records of the Colony of 
New Haven, prior to the union with Connecticut, transcribed and edited by Charles 
J. Hoadly, Esq. Provided, that such publication shall be authenticated by tue ofBoial 
certificate of the secretary, as a true copy of the original record ; and provided aUo, 
that the expense of the same shall not exceed two dollars and fifty cents per volume. 

Rttobotd, That tlio copies so purchased be distributed as follows: one copy to the 
town clerk of each town in this state, to bo preserved in his office for the use of the 
town; one copy to the governor, and to each of the state officers of this State; one 
copy to the governor ofeoch of tlio several states and territories of the United States, 
to be deposited in their several state libraries ; one copy to the library of congress ; 
one copy to the Smithsonian Institute: one copy to each of the colleges of this state; 
twenty-hve copies to Mr. Alexander Vattemaro for international exchange ; and the 
renuiihder of the said two hundr^ and fifty copies to be deposited in the office of tlio 
secretary, subject to the disposal of the general assembly. 



The present volume comprises all the Records of the Jurisdiction 
of New Playen now known to exist, except the few entries in the 
* Records of the Colony and Plantation of New Haven,' printed in 1857. 

In the Introduction to the work just mentioned, it was stated that 
the volume of Records of which this is in immediate continuation, had 
many years ago disappeared ; so long since, indeed, that no writer on 
Connecticut or New England history seems to have had an opportu- 
nity to consult it. Reference is made in this book to two places in the 
missing volume, one as fo: 176, said to contain records of the date of 
May 30th, 1649, the other, fo: 303, containing some of the date of 
". May 29th, 1651. The Records of the Town of New Haven, prior to 
the Union, are unbroken in their series, and it is from thcni, together 
with those of the other towns in combination, that the history of New 
Haven Jurisdiction from 1 644 to 1 653 is mainly to be gleaned. 

The same care has been used to render the text strictly correct and 
reb'able as in the i)revious volume. 

The editor has taken the liberty to omit a few ])assages, indicated 
in notes, containing details of evidence in some criminal cases, for 
which he trusts no apology is needed. 

Several documents from the Files of the State have been inserted 
in their chronological order in the text. This seemed to the editor 
better than to throw them into an appendix. They are printed in a 
smaller type, and the places noted where the originals may be found. 

The New Haven Laws are here given from the original printed 
copy belonging to the Library of the American Antiquarian Society 
at Worcester, Massachusetts, which has been very kindly loaned for 
that purpose. That copy is in excellent preservation, and, having his 
name written upon the title page, with the diite 1656, is supposed to 
have belonged to John Davenport himself. As the book is of great 
rarity, and perhaps unique, a more particular description is added : 
it is a small quarto of eighty pages, though at signature 6 there is a 
break in the paging, none being numbered 47 or 48 — it is printed 
with type of about the size generally used in the body of this volume, — 
it has no running title, — ^the breadth of the page, exclusive of the 


marginal notes, id the same with that of this work, and its length six 

A fair transcript of these laws is now in the Secretary's office, 
which was made by Mr. Baldwin, then librarian of the Amei'ican 
Anticiuarian Society, at the r<*quest of the General Assembly in 1834. 

The laws contained in this code were passed at various times, and 
perhaps collected and digested al>oiit 1C48 or 1G49, though revised 
and in some degree altere<l in 1655, upon the perusal by Governor 
Katon of the 'New booke of lawes in y" Massachuscts colony,' and 
the ' Small booke of lawes newly come from England, w""'' is said to be 
M'. Cottons.' Of the latter the full title is given in tlu* note.* and 
an idea of its contents may be obtained by consulting Hutchinson's 
Coll. 161, and 1. ]\Liss. Hist. Coll. v. 173. Dr. Trumbidl, IIi>t. Conn, 
p. 235, edit. 1707, aj)pears to have confounded it with another work 
attributed to Cotton,t but with reason thought to be by Davenport. 

The editor Jicknowledges renewed obligations to those gentlemen 
who have rendered him assistance in various ways, in particular to 
Hon. Francis DeWitt, kite Secn^tary of the Commonwealth of oMas- 
sachusetts, and to Mr. David Pulsifer, of Boston, for copies of docu- 
ments from the tiles of that State, to Samuel F, Haven, Ksq. of Wor- 
cester, Mass., to Henry White, Esq. and others of New Haven, Kal])h 
D. Smith, Esq. of Guilford, and to several friends in this city. 

Grateful for tlie favor with which his former volume was received, 
the editor believes that the one now given to the public will be found 
of much greater interest and inq)ortance. Jf it shall contribute to 
foster a tiiste for the study of the original materials for our history, he 
will feel that his labor has not been lost. 

State Library, Hartforj), C. J. H. 

May 3, 1858. 

* An Abstract oi* Laws nncl iiovcnimcnt. Wherein :is in a Mirrour muv ho seen 
the wisdumc & perfection of the Govenjinent of Christ* Kincrdomc. Accomodnble to 
any State or fonu t»f Clovemmcnt in the world, that is not Antichrlstian or Tyranni- 
cal). Collectc<l and digested into the ensuing ^lothod, by that Godly, (.Jrave, and 
Judicious Divine, Mr. .Ton x Cotton, of Jioston, in Xtti:-I\qland^ in his Life-time, and 
pre8ente<l to the general] Court of the Mascnachuscts. And now published ailer his 
death, by William Asinnmiil. Isa. 33. 22. Jdiucah iiour Jud'je^ Jahovnh it our Latc- 
giveVy J€hoeah is our AVnjf. In: xnll save ui. London, priiit(;il by Jf. S. for Livficel 
Oiapnuinj and are to bo sold at the Crown in Popes^itaU Alhy^ 1055. — Small 4to. 
pp. 36, with title and preface 8, and analysis and errata 2. 

t A Discourse about civil govenimont in a new plantation whose design is religion. 
Written many years since by tliat Ileveremi and worthy minister of the g0K])eI, John 
Cotton, IJ. D. And now published by some undertakers of a new plantation, for 
geueral direction and information. Cambridge, printed by Samuel Green and Mar- 
maduko Johnson, 1G73,— Small 4to. pp. 24. Dacon^s Hist. Disc. 289. 



[In the hindwriting of Fmnols Newm«n.] 

[1] At a coobt op election held at Newhauen for thb 
Jdiusdiction the 25"' op Mat, 1653. 
Theophilus Eaton, Esq', was chosen Gouerao'. 
M'. Stephen Goodycaro was chosen Dcputie Gouemo'. 
Francis Newman was chosen Magistrate for Newhauen. 

M^ William Leetfi was chosen Magistrate for Guilford. 

Theophilus Eaton, Esq', 

and Capt. Jn" Astwood, ' 

M'. Leete is chosen a third man, and M^. Goodjeero a 
fourth, in case any of the other or both should not be able to 
attend the sorrice. 

H''. Joshua Atwater is chosen Treasurer. 
• lE^ncis Newman is chosen Secrctorie. 

Thomas Kimberl; is chosen Marshall. 

All chosen for the yearo ensuing and till new ))0 chosen. 

[ chosen CoiTiission's. 


All w<^h came w*h 
due cirtificats. 


At a Oeneball Ooubt held at Newhauen, for the Juris- 
diction, THE 25*'> OP May, 1653. Present, 

Mf. Stephen Goodyear, Dept' (Jou*. 
Francis Newman, 

Mf . William Fowler, Magistrats. 

M^ William Leete, 

^S^: \ ^ sword. 

Sen S^le, ! '- ^'•^■"i- 

First the deputies p'sented cirtifycats of their being chosen 
to this trust by the free-men in each plantation ; none from 
South hold being present at this time, wherefore the court 
ordered that those deputies w^h were appointed for carying on 
ciyill affaires at South hold the last yeere are continewed still 
in y* same trust till further order from this court.* 

The Court was informed that the free-men of Stamford desire 
a constable may be chosen to cary on the publique occasions 
in their towne, and they haue pitched ypon Richard Law if 
[2] [the] II court see cause to confirme it, w<^h the court now 
did, and comitt the same power to him as Francis Bell had the 
last yeare, and becaus this yeare is like to proue verey trouble- 
some and many occasions may present, therefore the court 
orders that another man be chosen by the free-men there as a 
marshall, w^h shall be helpfull and assistant to him in pub- 
lique buisnes as he shall appointe. 

It is ordered that tweluo horses shall be kept in the fine 

townes in this jurisdiction that are vpon the maine, yiz^ : foure 

n^at Newhaven, two at Millford, two at Guilford, two at Stam- 

^Jford & two at Brandford ; wUi suiSicient furniture for trauell, 

* In margin, ** Sonthold, the fireemen to chose ano[ther] in Liy : Budi roome if they 

1668] jnitiaDioiroif of mnr haten. 8 

and to bee aUvayes in a readines aa the publique occasions of 
the ountij maj reqnire; and for the hire of the horses, the 
owner shall haue from Newhaven to Oonnecticote tenn sliil- 
lings, from Millford to Stamford ten shillingB, from Nowhaucn 
to Millford two shillings eight pence, or foure pence a mile, 
according as it is vBually accounted. The chai^ of keeping 
the horses is left to euery towne to consider ; the hazard of the 
horse to be rpon the owner, but the charge of hiring men, 
whether messengers or others, to bring horses backe ^;aine, 
to bee at the publique charge, as the authority of the place 
from whence they are sent shall agree w^h thom. 

The Oourt considering how vsefnll horses may be for service 
in warr if wee should haue occasion, and how few there is left 
in the jurisdiction w'h are at present capeable of being made 
fitt for that imployment, thought good to order, tiiat no horses 
be sold or sent out of this jurisdiction w'hout license from 
those psons and Tnder such penaltie as it is ordered in case of 
other cattell. 

The Deputies that were chosen to cary on civill affaires at 
Brandford tlie last yeare are againo now chosen and appointed 
to the same trust and service for the yeare ensuing, and haue 
the same power and authority comitted to them as they then 

The Court conddering and seing by experience that in these 
troublesome times sundrie occasions come suddenly in w^h 
requires the attendance of some wh may act in them as they 
shall conceive best for the publique good & safety, and the 
court being vnwilling to continew all hero ti^ther for that 
purpose, did appointe M'. Qoodyere, M^. Leete, Francis New- 
man, H'. Gibbard, Benjamin Fenn & M. Crane, as a comittee, 
to whom they giue as full power to act in any sudden buisnes 
that may fall out, (so as they shall Judg may bee for the good 
of y" jurisdiction,) as if they themselues were p'sent & acted 
in it. 

4 records of the [165s 

[3] At a Gbnerall Court held at Newhauen for the 

Jurisdiction the 29^*> op June, 1653. 


Thoophilus Eaton, Esq% Gou. ) 

Mr. Stephen Goodyear, Dept. Gou. > Newhaven. 

Francis Newman, Magistrat, ) 

Capt. John Astwood, Mag : for Millford. 

Mr. William Leete, Mag: for Guilford. 


Mr.Gibbard, j jjewhaven. 
Henry Lmdon, j 

Mf. William Chittendine, ) Q^nf^p^i 
M"^. Thomas Jordan, | 

WmS Parrier, ( ^'"''■''old. 

M^ Crane, ) ^ jr j 

SamueU Swaine, J Brandford. 

The Gouerno' acquainted the court w'h what was done at 
the comission last at Boston, concerning the warr propounded 
against the Duch, and pticularly w^h an interpretation of the 
Gencll Court of the Massachusets of the Articles of Confede- 
ration, wherein they declare that the coihission''s haue not 
power to act so farr in matters of that nature as to make an 
oflFencive warr; those wrightings were read, and the interpret- 
ation was much disliked by the court, knowing that if it stood, 
the combination of the Colonies must be broken or made 

■ The Gouerno' also acquainted the court w*h a late confer- 
rence w<^h himselfe, Capt' Astwood and Mf. Leete hath had 
w*h the magistrats and generall court of Connecticote Juris- 
diction, and that they haue agreed to send the minde of both 
the generall courts to the Massachusets concerning that inter- 
pretation, (that from this colony the court desired the gouerno"* 
to drawe yp^ w^h is hereafter entered^) and also againe to de- 


fiire aide and assistance from them in this vndertakeing against 
the Duch, according as the comlBsion's had agreed, that is fiue 
hundered men from all the colonies, v'h suitable pvsionB for 
sach a designe, but if that be not yeilded, that tlieu they would 
give leaue that we vse some meanes whereby volunteeres may 
be procured out of thoir colonic, w'h sliipping, victualls and 
amunition fitt for that service. And the better lo further and 
accomplish it, it is agreed that fouro psons shall be sent as 
agents or' comiseion''s from the two generall courts, tliat is, 
two from Gonnecticote and two from hence. Wherefore the 
court did now chuse and appointe M^. William Leete, one of 
the magistrals of this jurisdiction, and M^. Thomas Jordan, 
one of tho deputies for the generall court for Guilford, for this 
service, who are to haue comission and instructions from this 
court to authorise and direct them to act and negotiate in this 
buisnes, and t« give the comission's a call to sitt here at New- 
haven the iirst or second Thursday in August uext, vfh an- 
swer to the Maraacbusets declaration* and the comiGsions and 
instructions are as followeth. 
The answer of this Generall Court to y« Massachusets declaim 

Vpon information of a question propounded by the honno'ed 
Generall Court of the Massachusets, concerning tho power 
of the comission's to determine the justice of an offensive 
warr and the answer of the eoffiitteo therovnto. 
This court hath considered and compared the Articles of 
Confederation and the interpretation together, and desire they 
[4] II may w'hout offence express their thoughts and appre- 
hensions in y case. 

The ooufedcration betwixt the colonies was no rash & sud- 
den ingagem*, it had bine severall yeares vnder consideration. 
In anno 1638 there was a meeting at Gambridg abouto it, but 
some things being then propounded inconvenient for the lesser 
colonies, that conferrence ended w^hout &uit, and tho foure 
jurisdictions, though knitt together in affections, stood in 
refferrence one to another loose and &ee from any express 

4 of 7* oomiidom of y CdL 

6 BECOBDS 09 THE [1668 

couenant or combination, till vpon a new invitation and prop- 
ositions from the Massachusets, another meeting was appoint- 
ed at Boston, in May, 1643 ; so that magistrts, deputies and 
free-men, especially those of the Massachusets, had aboute fine 
yeares time to consider what they were aboute, the compass 
and consequences of such a consociation, and probably did im- 
proue it, and saw cause to renew the treaty so long suspended. 

2. After a large & serious debate of the comittee chosen 
and impowered by the seucrall jurisdictions, (the Generall 
for ye Massachusts then sitting at Boston, and being ac- 
quainted and from time to time advised w'h concerning all 
and every article treated of,) the 19'^ of May, 1643, a firme 
agreement was made & concluded, wherein the other jurisdic- 
tions by their deputies, the Massachusetts, both by their depu- 
ties and by the generall court, considering that wee were all 
of one nation and religion, and all of vs came into these pts of 
America w^h one and the same end and aime, and (could it 
have bine done w*h conveniency) had communicated in one 
gouerment and jurisdiction, thought it their bounden duty 
w^hout further delay to enter into such a present consociation 
as whereby the foure jurisdictions might be and continew one, 
according to the tennour and true meaning of the Articles of 
Agreement, and that thencforth they all be, and be called by 
the name of the Ynited Colonies of New England. 

3. Tliough all the plantations w<^h allready are or hereafter 
may be duely setled w^hin the limits of each of these foure 
colonies are to be and for euer to remaine vnder the gouer- 
ment of the same, and each colony to haue peculiar jurisdic- 
tion w^hin itselfe as an intire body, as expressed in the 3^ and 
6**> Articles, yet till now that was neuer vnderstood to cross or 
abate the power of the comission^^s in things proper to the con- 
federation. The colonies vniting did for themselues and their 
posterities enter into a perpetuall league of frendshipp and 
amity, for offence and defence, mutuall advice and succour, 
vppn all just occasions for the joynt safety and wellfare, as in 
the second Article. The charge of all just warrs, whether 
offensive or defencive to be borne by the foure colonies in their 
severall pportions, & the advantage of all such warrs, (if God 

1668] jmoBDionoH of niw haven. 7 

give a blessinge,) to be accordingly deyided, as in the 4^>> Ar- 
ticle ; and for the managing and condudeing all such afiaires, 
by express agreement, eight comission's are to be chosen, (all 
in church fellowship, and all to bring full power from their 
severall generall courts,) namely two by and out of each colo- 
ny, to heare and examine, weigh and determine, all affidres of 
warr and peace, leagues, aides, charges and numbers of men 
for warr, devision of spoyles or whateuer is gotten by conquest, 
receiving of more confederats or plantations into combination 
w^h any of these confederats, and all things of like nature w^h 
[5] are the proper concomitants or || consequents of such a 
confederation, for amity, offence or defence ; and if these eight 
comissionrs when they meete agree not, any six of them agree-* 
ing haue power to setle and determin the buisnes in question, 
but if six doe not agree, then such propositions w^h their rea- 
sons to be sent and referred t9 the foure generall courts, Ac, 
as in the 6^^ Article. They were also to indeavo' to fram and 
establish agreements and orders in generall cases of a civill 
nature, wherein the plantations are interessed, for p'serving 
peace amonge themselues and preventing (as much as may 
be) all occasions of warr or differrences w^h others, as aboute 
the speedy passage of justice in each jurisdiction to all the 
confederats equally as to their owne, Ac, as^more largely ap- 
peares in y« S^^ Article, so that certainly and w*hout question 
these foure colonies haue by a perpetuall covenant invested 
the comission's w^h power suiting such a confederation, and 
w^hout it the cobination must either breake or prove vseles. 

4. As questions and scruples may arise and growe about 
the justice of an offensive warr, so conscience may be exercised 
in a defensive warr and concerning leagues and aides. ' Jehos- 
aphat the king of Judah sinned and was rebuked by two 
prophets, Jehu & Eliezer, for joyning w^h and helping Ahab 
& Ahaziah, kings of Israel. K therefore the generall court 
for the Massachusts doe now conceive and interpret that the 
power giuen to the commission's (men of the same nation, of 
the same religion, members of approued churches, who came 
into these pts for the same ends and spirituall aimes, and who 
had comunicated in one and the same gouerment & jurisdic- 


tion, had not distance of place hindered,) in an ojSensive 

* warr is a contradiction and absurdity in policy, a scandall to 

• religion, a violation of fundamentall law, a bondage and pros- 
tituting itselfe to strangers, &c., they may at their next meet- 
ing, ypon the same or like grounds conclud against leagues, 
aides, a dofensiue warr & other pts of trust and power where- 
w*h the comission's by the Articles are invested, and the three 
other colonies, or the generall court for any one of them, may 
doe the like, but wee feare in so doeing wee shall draw guilt 
vpon ourselues in violateing a perpetuall league, so deliberatly 
and firmely made, be covenant breakers and provoake God 
against vs. 

5. It may be considered when a just warr in ordinary cases 
may be called offensive or vindictive. When (3od gaue the 
land of Canaan, their citties, vineyards, &c., vnto the chilldren 
of Israel, Israel was the staffe or sword in Gods hand by his 
appointement to punish a rebellious people, the measure of 
whose sinns was then full, but ordinarily and in refferrence to 
men, IcCWfull warrs are to defend, recover, secure or get satis- 
faction, in case of just possessions or rights injuriously invaded, 
seized or indangered by others, w*h respect to persons, estates 
or honors, when other meanes will not serve ; such a warr was 
Davids against the chilldren of Ammon, 2 Sam: 10, and such 
wee conceive was the late warr of England against Scotland, 
and their p^sent warr against the Duch. 

6. Such leagues and confederations haue bine made and 
continewed amonge other people and provinces, some in a 
subordination, some in a consociation, vpon some seuerall 
[6] articles and covenants || wherein power hath bine granted, 
and yet customs, priviledges and parts of gouerment reserved 
for the safety of the whole and conveniency of the parts, as 
may appeare in the dijSerent agreements and setlements of the 
Netherland Provinces, and the confederation of the cantons of 
the Switzers, &c. 

7. Wee know of no fundamentall law of these colonies vio- 
lated or impared by the Articles of Confederation, as, (till now 
wee conceive,) they haue bine clearly and fully vnderstood by 
the whole comittee and by the generall court of the Massa- 

1658] JXTBisDicxnoN op new haven. 9 

ohasets, whose heads and hands were in the contriying and 
frameing of them, nor is there any such deligateing of others, 
especially of strangers, as is intimated. The freemen of the 
colonies generally, choose their owne respectiye comission^s, 
such as in whom they may confide, and accordingly they are' 
invested w*h power according to the combination covenant, 
and for these ten yeares wee haue found the blessing of God 
vpon our vniting, and his presence and assistance vpon the 
meetings and conclusions of the comission's. 

8. According to the intent of the colonies and contrivers of 
the confederation, hath bine the practise in all former times. 
The comission's haue mett and treated w^h power onely limit- 
ed to the Articles. The Indians, French and Duch haue had 
recourse to them in all matters of warr, leagues, aides, &c. 
from time to time; but this most clccrly appeares in anno 
1645, when the meeting was at Boston, and the generall court 
for the Massachusets had some agitations w^h the commis- 
sion's aboute an offensive warr w^h the Narraganset Indians, 
if y« warr now propounded against the Duch may be called 
offensive, the generall court would haue sent a comission after 
the soldio's gon from Boston but not yet out of the jurisdic- 
tion, conceiveing that if otherwise any blood should bee shed, 
the actors might be called to account for it. It was answered 
that though it did belonge to the authority of the severall 
jurisdictions (after the warr and number of men was agreed 
by the comission' s,) to raise the men & pvide meanes to cary 
it on, yet the proceeding of the comission's, and the comission 
given, was as sufficient as if it had bine done by y« Gen: 
Court, for, first, it was a case of such vrgcnt nccessitie as 
could not stay the calling of a court or counsel!. 

2. In the Articles of Cofoderation, power is giuen to the 
comission's to consult, order and determine all affaires of 
warr, and the word (determine) comprehends all acts of au- 
thority belonging thereto. 

8. The Comission's are the sole judges of the necessity of y^ 

4. The Generall Court haue made their comissfon's their 
8<de oounsell for these affaires. 

10 BB00RD6 OP THE [1653 

5. Thoir couuselos coiild not haue had their due effect ex- 
cept they had power to proceede in this case as they haue 
done, w^h were to make the comission^^s power, and the mainc 
end of their confederation to be frustrate, and that meerely 
for observeing a ceremony. 

6. The comission>'s haueing had the sole power to mannage 
the warr for number of men, time, place, Ac, they onely know 
ilieir owne counsells and determinations, and therefore none 
can grant comissions to act according to these but themselues. 

7. To send a new comission after them or any confirmation 
of that w<^h they haue, would cast blame vpon the comission>'s 
and weaken their power, as if they had proceeded vnwarrant- 

After much time spent in such agitations, the gonerall court 
for the Massachusets allowed the proceedings of the comis- 
[7] sion'^s for || the matter, and further agreed that it did 
belong to the commission>rs onely to appointe one to haue 
command in cheifo oucr all y« forces sent from the severall 

9. In the vniting of these colonics it was agreed & cove- 
nanted that if any of the confedcrats shall hereafter breake any 
of these pj'sent Articles, or be any other way injurious to any 
one of the other jurisdictions, such broach of agreement or 
injury shall be ducly considered and ordered by tlie comi&- 
sioii>'s for the other jurisdictions, that both peace and this pres- 
ent confederation may be intircly preserved w^hout violation, 
OS in the 11**» Article. And it is a rule in law concerning 
logall acts, that all expressions & sentences, though of a doubt- 
I\ill construction, be vnderstood for the confirming of them as 
farr as i-ationally may be. Then certainly in confederations 
and covenants, blood may not be drawne out by forced inter- 
pretations contrary to cleare words, sentences, the scope and 
purpose of all the Articles, and to the practise of all times 
since, to nullify or infrmge them. 

10. The premises considered, we conceive the interpretation 
made by the comitteo & approved both by the magistrats and 
deputies of the Generall Court for the Massachusets, appar- 
rently tends to the breaking of the league of confederation be- 


twixt the colonies, and though by aa order of June the 3*, 
1653, the; declare they baue no euch intention, that aadsfyes 
no more then if a man maimed and made for euer vseles 
should be told bis life for a time should be spared. Tliis col- 
ony coaceivotb (and is accordingly alfected,) that it bad bine 
much better for them neuer to haue combined. They are 
more exposed to enemies and dangers now then before, while 
that interpretation stands in force at the Massachusets. The 
coihission's from thence are like to bo sent w'h a limited 
comission, and no fruit can be expected from such a meeting; 
all they can doe is to looke vp to him to whom all the sliiolds 
of the earth belong, and y second place to seeke advice and 
help ebewhere. 

The codiission and instructions of H'. William Leete, one of 
y> magistrate for Newhaven Jurisdiction, and M^ Thomas 
Jorden, one of the deputies for tho Generall Court of the 
same Jurist', joyned to two agents or comission's of Con- 
necticote, sent as a comittee to treat w'h the honorable 
colonie of the Massachusts, as heremder is more pticularly 

Whereas as all tlie confederated colonies, but especially these 
two smaller and more westerly jurisdictions, are in imminent 
danger of an invasion or warr, both from the Duch, (if once 
they be strengthed w*h forces, either from the Netherlands or 
elsewhere,) and iVom the Indians hired and ingaged by the 
Duch, (as by much Indian testimony is proved,) to cut of the 
English, not onely of Hempsted, Midleburrow, &c., w'hin the 
Duch lymits, who are threatened and exposed to mine, for 
their faitMiiUnes to the English nation and their cuntry men 
in these parts, but the plantations w'hin the Tnitcd Colonies. 
Yow are to treate w'h the Gouemor, Counscll, Comission's 
and Generall Court of the Massachusets, or any of them, aa 
you finde or may procure opptunity. That for the bono' of 
the English nation, the peace and safety of the English in all 
this pt of America, by warr if no other meanes will serve, the 
Duch at and aboute the Manhatoes, who haue bine, and still 
are like to prove, injurious and dangerous neighbours, may be 
[8] removed, and that (according to the || comiesion's late 

12 RECORDS OF THE [1653 

agreement at Boston,) five hundered men may be speedily 
raised out of the foure colonies in proportion then setled and 
w*hout delay imployed in this publique service. 

But if the Qouerno'*, Counsell, Coraission's, Generall Court, 
S^.y as aboue, thinke fitt to increase that number, (the Duch 
being now more strongly fortifyed,) or vpon other considera- 
tions much importing the wellfare of the whole confederation 
in these times of exercise, these two colonies of Connecticote 
and Newhaven doe joyntly desire that w^hout oflFence three 
magistrats of this jurisdiction may give a call (according to 
the 5*^ Article in y® Confederation,) to the commission's to 
meete at Newhaven the 4*** or 11**> day of August next, all 
invested w*h full power from their severall jurisdictions, ac- 
cording to the Articles of Confederation, w*hout any other 
lymits then haue heitherto bine vsed. 

The Grenerall Court haue also (as you know) pvsed and 
considered the interpretation of the Articles of Confederation 
made by a comittee at Boston and approved both by magistrats 
and deputies of y^ Massachusts Generall Court, and by way 
of answer, doe now returne their apprehensions inclosed in a 
letter to the Gouerno', Dept' Gouemo' and Comission>r8 of 
that Colonic, w^h wee herew^ deliuer to you, and you are to 
present to the Gouemor, &c., that if God bless our and yo' 
indeavours, the late interpretation may be recalled & the con- 
federation setled according to the first intendment and the 
progress it hath had in the hands of the comission'^s heitherto 
w% a blessing. Wee comend you to him who can prosper 
both yo' trauell and occasions, and rest. 

By the Generll Court for Newhaven Colonie 

the 29t>> June, 1653, ^ Francis Newman, Secret'. 

Further instructions for M^ Leete and M^. Jorden, if they 
cannot prevayle in the former ppositions. 

You are to propoimd and desire from the Gouemor, &c., 
libberty to strike vp a drum, or in some other way to treate 
for the raysing of volunteeres to assist these two colonies in an 
expidition for their safety, and if leaue be granted, (for wee 
would give no offence^) you may speake w^h such millitary 

165S] JUBiSDionoN of nw haven. 18 

officers in whom you may oonfide, for the better furtherance 
of the worke. 

By the General Court for Newhauen Colony, 
the 29^^ June, 1653, ^ Francis Newman, Secret. 

Further instructions for M^. William Leete and M^ Thomas 
Jorden, if they cannot prevayle in y« former propositions. 

1. For the number they may be two, three, or foure hundred 
men, prided that such agreements and conclusions may be 
firmely setled in wrighting, that these two colonies may w^h 
conveniency send such a proportion of men as they may spare, 
that they may haue at least an equall share, both in power to 
order and command in all affiures, and in the success and ad- 
vantage of the buisnes in all respects, if God giue a blessing; 
but herein they that by agreement stay w^h the stuJBT, or be 
ordered as a reserve or an auxiliary army, to guard y^ planta- 
tions or to watch against any invasions or assaults of y® In- 
dians vpon the plantations, to be reckoned as pt of our number 
[9] II and to share equally w^h the rest ; and herein due con- 
sideration be had of shipping for the service, what great gunns 
will be necessary, w^h suitable pvision, w^h victualls, &c.; 
and you will warily consider the quallity and disposition of the 
men w^h whom you treate & their company they are like to 
bring, that they be such as w^h whom wee may joyne in the 
same way, both of church administratios and civill gouerment ; 
wee would be loath to bring Road Island or any of that stampe 
or frame nearer to vs. 

2. If shipps should come from England, bringing such 
comissions as may suit the service propounded, while you are 
in those pts, it is hereby left to yo>^ discretion to treate & con- 
clude w^h them for the publique good, according to the ten- 
nour of yo' instructions, though wee cannot prescribe all ptio- 

3. In case the Gouemo', &c., should send an answer to all 
propounded, in a letter sealed, neither treating nor acquaint- 
ing yow wifli the contents, you may in time and place conven- 
ient, avoyding offence, open the letter and consider what is 
written, that you may the better poeede in any thing to be 

14 RBCOBDS OF THE [1658 

done by you according to directions now giuen, and if any 
letters come from England, w<^li you may rationally conceive 
concerne publique affaires, you are to send them w^li all 
speede, though you hire a messenger. The wise and good 
God assist you according to y« weight of yC worke, Wee rest. 
By the QencU Court for Newhauen 
Colonic, June 29***, 1653, ^ Francis Newman, Secret. 

But if the Massachusets Colony should refuse to yeild to the 
goeing on of the warr as the comission^s agreed, and also to 
meete as commissioners at Newhaven at the time appointed, but 
should giue liberty for volunteeres to goe, and so the warr 
pceede, then it is ordered that this colony and Connecticote 
agree together to ohuse a counsell of warr to sitt here at New- 
hauen for the ordering of the warr in all respects, so as they 
shall judg will be best for both the colonies. 

It was propounded to the court, that in case the Massachu- 
sets Colony will not revoake their interpretation they haue 
giuen of the Articles of Confederation, whether then the 
comission>rs for this colony shall meete at the vsuall time in 
September. The court by vote declared, that in case that in- 
terpretation be not called in, they see no cause why they 
should meete. 

It was propounded to know how the amunition w^h came 
last from the Bay, vr^h is this colonycs pt, sent ouer by the 
Corporation, shall be disposed of. Some would haue had it 
devided, but the most of the court agreed to have it kept to- 
gether at Newhauen for the present, and the powder to be laid 
yp in seuerall houses in a seecret way as the magistrats and 
deputies of Newhaven shall appointe. 

Concerning the friggot w^h lyes at Connecticote, it is order- 
ed, that this colony will joyne w*h Connecticote in a way of 
proportion to buy her and fitt her w*h gunns and what else is 
necessary to goe forth vpon the service intended, that is to 
coast vp and downe betwixt the rivers mouth and Stamford, 
for the better security of the two colonies from enemies w^h 
may come by sea to doe spoyle vpon them, and whereas it is 
conceived she will cary ten gunns, it is agreed that foure of 

1658] /moBDianoN o? kew eaten. 15 

those tenn this colony will finde, w^h shall be had two from 
NevhaTen, one from Guilford, and one from Brandford, & if 
there be occasion for more, one irom Soathhold. 
[10] II The Conrte tooke into consideration the proTisions 
ordered to be stfdde for the vse of the jurisdiction in March 
last, whether it shall be releasd or not, but considering how 
vncertaine things are, ordered that it be kept till M'. Leete 
retume &om the Bay, or other order be given. 

Captaine Astwood acquainted the court that he hired a 
horse at Springfeild when he went to the Comission in anno 
1649, w<=h horse received some hurt in his jurny as the owner 
scutb, and desires some further satisfaction then ho hath had. 
The court declared themselues willing to satisfy any man in 
his just demands, yet conceive he had his hire for his worke, 
w=h was a just recompence, but beii^ it was for publique ser- 
vice, in w°h they desire no man may suffer, they order that 
he shall haue twenty shillings more pd him by the treasurer 
of this jurisdiction. 

It is agreed and concluded that the Gouemo' shall haue fifty 
pounds paide him this yearo ensuing out of the jurisdiction 
treasury, according as the same some was ordered to be pd 
him y« last yeare. 

It is ordered tliat a rate of two hundered pounds be levyed 
from the seuerall plantations in this jurisdiction, vh is to bo 
paide according to their males and estates in due & equall 
pportions, Wh is as followeth, 

from Newhaven, 75 16 04"i 
from Milllbrd, 42 16 06 
from Guilford, 28 05 01 I ^ s. d. 
from Stamford, 22 18 10 f 200: 00: 00 
from Southhold, 15 11 05 
from Brandford, 14 11 10 j 
W^h paye is to bo made in good money, or merchantable 
beavor at price currant, in wheat at 6» p bush., pease or rie at 
4* p bush., in beefe at Z^ p ', or porke at 4<), aU good and mer- 
chantable, and when either beefe or pOrke is packed in cashe, 
the salt and caske is to be added and alowed for, and if any 
nun paye live cattell, they are to be prised by indifferrent men 
chosen for y» purpose, or in any other paye w«h may satisfy 

16 BK0BD8 OF TBM [166S 

the treasurer and answer the jurisdictions occasions. All w^h 
is to be paide in to the treasurer at Newhaven betwixt this and 
the first of September next, vnder the same penalty as was 
ordered by the jurisdiction generall court the 27^^ of Octoberi 

Tlie Court was informed that a complainte was made to the 
Gk)uorno% lately being at Connecticote, by some Indians, that 
some of Southhold had taken away their gunns, w^h was now 
inquired into & found to be so, and the deput' of Southhold 
informed the court y^ the Indian from whom the gun was 
taken cariod it not well, so that there might be cause to take 
it from him or them, yet y« towne were willing they should 
haue them againe, but some pticular psons that haue taken 
them are not willing, because by an order made in their towne 
the one Iialfe belongs to them, wherefore the court did now 
order that those gun or guns so taken be restored to the In- 
dians againe, that no publique quarrell may be begun w^h the 
Indians by ts vpon any such account, yet judg that the In- 
dians should be warned that they cary it more inofiensiyely, 
or else they must know that y« English will not beare it. 

The Deputies of Stamford informed the court, that they 
haue bine at great charges in keepeing men to ward in the day 
time, for the soldiours that were pressed for the service, if the 
[11] warr || had gone on, haue bine vnder paye euer since, 
and bine as a guard to their towne in the day time. That the 
souldio' s should be vnder paye, the court witnessed against it, 
for it was by no order of theirs, nor did any of the other 
townes kecpe their souldio's vnder paye; yet in regard that 
they are a fronteere plantation and so may be in more danger 
then some others, and out of tenderness to them in these 
troublesome times, the court orders that towards their charges 
six poimdes thirteene shillings foure pence shall be abated out 
of their part of the jurisdiction rate. 

The Court was informed that the marshall hath spent much 
time aboute publique occasions, ouer and aboue what his place 
as marshall requires him to doe, for w^h the court orders him 
to haue forty shillings pd by the treasurer, but agreed that 

1653] JUBisDicnoN op new haven. 17 

hereafter, for any such publique comon buisnes he bring in a 
pticular acc^S ^^^^ tbey may know what they alow him for. 

It is ordered that John Harriman sliall receive that paye he 
is to have of the jurisdiction, from any plantation where it is 
due, as he shall desire, in such paye as the plantation payes 
in, the propertie thereof not being altered. 

It is ordered that estates of all the teaching elders in y« 
jurisdiction shall hereafter be left out of the bills w<^h are 
brought in yearely to make vp the jurisdiction rate by. 

The Court haueing heard sundrie reports of an vnsatisfying 
oiBFensive way of cariag in some at Southhold, as those w«h 
grow weary of that way of civill gouerment w<^h they haue for 
diuers yeares (and w*h much comfort and safty) lined vndcr, 
w^h cariage of theirs tends to disturb tho peace of the jurisdic- 
tion, and they the rather beleeve it because of a late pittition 
presented to this court by the said inhabitants, w<^h is a trouble 
to them to see, wherefore these are first to desire that all such 
psons may see their miscariages & judg thcmsclues for the 
same, and that euery man would rest himselfe satisfyed wUi 
that way of gouerment w<^h God hath sctled him vnder there ; 
but if any shall not, but grow troublesome, this court doth then 
declare that they may not bcaro such disturbers, but must call 
them to acc°* for the same, and doc hereby require the depu- 
ties intrusted for civill affaires in that plantation that they 
giue notice of any such psons who shall be active in such 
courses, that they may bee proceeded w4i according to their 
due deserts. 

The Court considering that when they are dissolued & 
broken vp, there may be occasions present w^h needc both 
councell and power to be put forth in way of action for the 
good of the jurisdiction, as pticularly aboutc the fitting vp the 
friggot at Connecticote, if she be brouglit heither, and ordering 
other things aboute her imployment, or what else may fall in, 
therefore the court chose the magistrats of the jurisdiction, or 
the major pte of them, (they calling in what deputies they 
please,) as a comittee or counsell, who shall issue and deter- 
mine any buisnes w^h concemes the publique good as fully as 
if the court were present. 


18 bec0rd8 op the [1658 

[12] At a Generall Court held at Newhauen for the 
Jurisdiction, the 8^ op August, 1658. 



Theophilus Eaton, Esq', Glouerno% ) 

M^ Stephen Goodyear Dept' Gou. > Newhaven. 

Francis Newman, Magistrate, ) 

Capt' John Astwood, for Millford. 

Mf. William Leete, for Guilford. 


Mr. William Gibbard, 
Henry Lindon. 

Benjamin Penn, 
Robert Treate. 

Mf. Chittondine, 
M^ Jorden. 

Richard Law, 
Francis Bell. 

Mr. Crane, 
Liuetenant Swaine. 

The Goucrnor acquainted the court w^h the answer return- 
ed from y® Massachusets by M"*. Leete and M'. Jorden, and 
severall wrightings were now reade to the court, first an an- 
swer from the gouemo"* himselfe, vnder his owne hand, and 
two other answers from the counsell, vnder the hand of M'. 
Edward Rawson, Secretary, w^h are as foUoweth, &c. 

T/ie Gouemo^s first answer. 

Hono'^ed Gentlemen, I haueing two dayes since received 
two letters and other wrightings from y« two jurisdictions of 
Connecticote and Newhaven, addressed to myselfe, y« Doputic 
Gouernor, and our two comission''s, I read them ouer, and 
(after Capt' Hawthorne, one of our comission''s, had pvsed 
them,) I sent them away w*h all speede to M''. Symon Brad- 
street, by a messenger of purpose, that so both our comissionfs 
might consider of their answer to them ; and being importuned 


by M'. Thomas Jorden, of Guilford, to wright some tliiugo 
vnder my hand in answer to the said letters and wrightings, 
wherein I can for the present neither satisfye myselfe nor any 
other man, seeing it concernes the generall court to answer 
them, w<^h I suppose they will when they assemble next, but 
now to call a generall court of purpose to such an end and at 
such a time as this is, ynless more vrgent necessitie did moue 
it, I cannot see how I shall be able to answer it to the cuntry, 
especially considering the generall court hath allready had so 
longe and large a debate aboute what is now further vrged, 
viz** : a present warr w^h the Duch, and the comission'^s of the 
Ynited Colonies, after all their long agitations, did not con- 
clude anything aboute it, neither is their any new matter of 
weight that invites vnto it our comission^s ; if you please to 
give them a call I suppose they will bo ready to answer it, and 
may be invested w*h power as formerly w^hout any limitation, 
yet I beleevo the generall court will keepe their authority, so 
as not to act in so weightie a concernment as to send forth 
men &c., either to shed blood or to hazard the sheding of their 
subjects blood, except they can satisfy their consciences that 
Ood calls for it, and then it must bee cleere and not doubtfully 
it must also be necessary & expedient, for a generall I con- 
ceive will not act implicitly, (being the cheife power and au- 
thority of the cuntry or colony,) in a designe of so high a 
nature, neither doe I thinke it was euer at first intended so to 
act against their consciences when they entered into confed- 
eration. I shall, (God willing,) wright more at large to my 
honored frend M^ Eaton, the gouerno^ of Newhaven, when the 
wrightings are sent backe, meane while I rest, 

Yo*" louing frend, 
Salem the 14*^ of the Jo Endecott. 

5th moneth, 1653. 

[13] The Counsells first answer. 

Right WorPP & much honored, 

The whole counsell being called together, and haueing read 
and considered yo' letter and yo' generall courts scnce and 
construction of the Articles of Confederation. 

The case is of great concernment and very weightie, and 
therefore wee desire that it may be further seriously weighed 
and throughly agitated, to the full satisfaction of all the colo- 
nies, w<^h is that which wee sincerely and earnestly desire. 
But inasmuch as the generall court hath so farr acted in the 
interpretation of the said Articles &c, wee hauing for the pres- 
ent no power to alter it, or to put any other construction y™ 

20 RECORDS OP THE [1653 

till the generall eourt shall mecte, w^h wee intend to asseml)lc 
on purpose the 3.0^^ jay of August, w*^h is a day or two before 
the ordinary time of the meeting of the comission''s. Wee 
hope the Lord will be pleased so to direct vs as wee shall 
loueingly and vnanimosly agree to our mutuall satisfaction, 
yo^s and o''s ; for if you please to beleeve vs, wee are all desir- 
ous to continew our confederation in all respective loue and 
helpfuUnes each to other. Tliat w<^h wee aime at is that a 
right vnderstanding may be begotten betweene yo^'selues and 
vs touching the confederation ; that being done, wee conceive 
nothing will hereafter obstruct our proceedings, either in peace 
or warr, but till then, in this case, wee know not how to raise 
forces according to yo*" desire. Wee much feare that you 
haue not so charitably construed the declareation of the gen- 
erall court as was intended by them ; wee are all bretheren 
and desire to behaue ourselues towards you, and hope wee shall 
not justly incurr, (when all things are duely weighed,) the 
reproach of covenat breakers. But wee are not forward to ex- 
cept against such termes whereof there are to many, oncly 
giue vs leaue to discharge our duties & consciences towards 
God and the people comitted to vs, which is that onely wee 
contend for, and w<^h wee hope you will not willingly abridge 
vs of. And for ourselues, touching the said Articles of Confed- 
eration, wee shall not further insist to vrge but that according 
to the words and gramatticall sence of the said Articles, the 
comissionrs haue power to judg & determine the justic of an 
offensive or vindictive warr, w^h was of least consideration to 
our Generall Court in their declareation, yet doe thinke that 
vppon the generall and fundamentall grounds exprest in the 
said declaration, the power of the comission's in such cases 
doth necessarily require serious consideration, explanation, 
and if need be emendacon, by all the generall courts, for the 
hono^ of God and wellfare of posteritie in the severall jurisdic- 
tions, w<^h was the cheife thing intended in the said declarar 
tion, not to conclude the case, much less to breake the confed- 
eration, nor infringe the power of y® coinission''s where it may 
stand w'h fundamentall law and just libberties of the people. 
By the Counsell w^h y® consent of y« Comission''s. 
Boston, 21 July, 1653. Edward Rawson, Secret. 

[14] Hie Caunsells second answer. 

Gentlemen, Wee cannot but comend yo*" ingenuity in ac- 
cepting our answer concerning the recalling the declareation 
of our generall court, & of our readines to comply w^h the rest 
of our confederats, and for that end to put our colony vpon no 


small diflScultys by calling our generall court at an vnvsuall 
time, that thereby yo' colonies might vnderstand the tnie and 
genuine sence of the said declaration, wherevnto wee shall not 
doubt of their concurrenc. You are pleased also to take notice 
of our condesending to our frends, in that wee haue for the 
present waned the vrging of the Articles of Confederation in 
their litterall or gramatticall sence for the deuying of power 
to the comission'^s to determine tlie justice of an offensive warr, 
w^h wee acknowledg was not the cheife intendment in the said 
declaration ; w<^h candor of yo^s, acceptable to vs, wee could 
haue desired had continewed in all passages of yo' wrighting, 
but wee cannot but observe that you are not satisfyed w^hout* 
complyance, but seeme willing to grow vpon vs, and to impose 
vpon our letters more then you will finde y« gramattycall or 
logicall sence holdeth forth, w<^h if you please to review, wee 
doubt not but you will checke yo*" owne apprehensions, and 
spare vs the labour of instancing the pticulars. 

Wee did neuer vnderstand any of the confederats had for 
euer silenced themselues, or divested themselues of the libber- 
tie of speech for manifesting any greivance that might press 
them in the confederation, neither doe wee conceive a more 
ready means for one colony to communicate their thoughts 
vnto the other then by wrighting, much less can wee appre- 
hend the tendency of such a practise to the breach of the con- 
federacy, the imputation of w<^h wee must beare, and beleeve 
you doe it, not because you deny it, allthough in y« same line 
yo"^ arguments for it are so cleare to yo^ owne vnderstanding 
that you appeale to our owne judgments in the case ; but if 
notw^hstanding wee must rcmaine in yo^ judgments offenders, 
wee hope you will doe equall justice to yo^ owne who came 
not short in the same kinde of offence, by their declaration that 
wee are called of God and man to warr vpon the Duch, w^'h 
wee conceive they haue bine labouring to prone, doth not be- 
long to them but to the commission's to determine. 

Giue vs leaue further to say you are mista[ken] in aflSrme- 
ing our declaration did obstruct present proceedings to the 
hazarding of dangerous consequences to some off the confed- 
erats, for you will neuer be able to prone that the comis- 
sio[n's], whom you thinke meete to entitle a Corporation of 
Representati[ves], termes wee haue not bine acquainted with, 
and therefore pdon vs if wee vnderstand them not, wee meane 
six of them, w<^h is necessary in such cases, did euer determine 
a warr w^h the Duch. We haue not therefore by our declar- 
ation hindered their pceedi[ngs] as you are pleased to insinu- 

m » wtb oar" in the MassaohnsetU records, (MS.) 

22 RECORDS OF THE [1653 

ate, and vpon that account woe suppose you may vnderstand 
our hands are bound from rayspng] forces, because there was 
no agreement, allthough you doe [desire it.] 

To yo*" motion that w*hout oflFence a meeting may be called 
[at] Newhaven for the manageing of the said matter, w*^h wee 
vnderstand to be the pretended agreement, wee suppose y[ou] 
may now answer yo'^selues, the ground thereof fayling,* [if 
there be any urgent occasion that require a meeting before the 
usual time so neare approachinge we doubt not but the magis- 
trates of Newhauen understand their owne liberty by the arti- 
cles of Confoederacy to the obseruance whereof we shall en- 
deauour to apply our seluos and the rather to prevent those 
imputations which may be greiveous to us. 

Wee thinke it necessary to giue some account why wee 
haue forborne to reply particularly, to the letters & remon- 
strances of your Gen^^ court. It was not because we did not 
sec or know not how to refute seuoral pticulai*s some mistaken, 
others wrongfully charged upon us, or that we wanted reasons 
to object against them or to defend the general grounds & 
reasons of our declaration. But that your Courts as well as 
our selues might be assured wee arc studious of loue & peace 
and the continuance of our confcederation, and our differences 
might be more speedily composed at the propounded meeting 
w*^*» otherwise would require (at such a distance) great langht 
of time, and in the issue might hazzard a miscarriage by reason 
of mistakes which are more easily remoued in p^'sence then by 

Voted by the Caunsellj 22 Juli/y 1653.] 

* Hero a leaf has been torn from the record, and the remainder of this letter is sup- 
plied from the archiyes of Massachusetts. 


p.7] II to the said place and take a view of it and in whose 
possession it is, whether it be the land that the sagamore of 
that place gaue y« gouernor and M^ Gk)odyeare, or whether 
the right is 3ret in the Indians hand, and if they finde that it 
will answer the end propounded, that he then purchase it for 
fhe jurisdiction and speedily send the gouernor or the comittee 
word how hee finds things and what hee hath done therein. 

The Court considering of the provisions that were formerly 
staide for the vse of the jurisdiction, and seeing there is now 
(through the blessing of God) come in the bame, and flesh 
may bee had out of the feild if there be occasion, did now 
order, that those provisions of come, flesh and butter, bee sett 
att libbertie for the owners to dispose of as they shall see 
cause, according to that law that prohibbitts the exportation 
of pvsions, made March 29***, 1653. 

The order made at the generall court in May last for keepe- 
ing foure horses in Newhaven and two in each other towiie 
for the cimtry service, vpon such hire and termes as is therein 
expressed, is now repealed in all y« pticulars of it. 

The Court was acquainted that some money hath bine taken 
vp for the service of the jurisdiction vpon sundrie occasions, 
as foure pounds of Edward Wigglesworth, when the comis- 
sion^'s went to Boston in Aprill last, and flue pounds of John 
Harriman, when M'. Lecte and M'. Jorden went to Boston in 
July last, and fine or six pounds is necessary to be provided 
for the comission^s to cary w^h them now in their next goeing, 
and therefore some course must bee taken to procure sillver 
to discharge those debts and to answer this present occasion. 
The court desired Captaine Astwood and Benjamin Fenn to 
treate w^h Ensigne Bryan or James Roggers, to see if they 
can gett silver or bcavor for other paye, though w^h good 
allowance, to answer these things ; but if that cannot bee, that 
then so much butter bee gott to cary into the Bay as will sell 
for money to make vp this some, but if that will not be pro- 
cured, then so much of this come that came from Guilford 
must bee carried and sould as well as it can, to procure siluer 
to answer these seuerall ingagements. 

The Deputies of Stamford acquainted the cotirt that there is 

24 RECORDS OF THE [1653 

in their towne some that doe worke great disturbance, profess- 
ing they will paye no rates to these comon charges, because 
nothing is done against the Duch, and some saying they haue 
bine in bondage a greate while, but now they will haue their 
libbertie, and being reproued for the same and told they must 
bee bound ouer to answer it here, another answered, one and 
all. Wherefore the court doth advise the deputies to cary it 
as prudently and peaceably as they can and to gather vp these 
rates due, but if by faire meanes (for the court is not willing 
to deale harslily in these times if it may be avoyded) it cannot 
be attained, but some in a stubborne way refuse and grow 
boysterous in their spirits, working disturbance and giuing ill 
example to others, that then they give notice thereof to the 
gouernor or deputie gouernor, who are ordered by this court 
to send a warrant from hence to binde such psons ouer to an- 
swer it at the court of magistrats in October next. 

The Court considering the many complaints that haue bine 
made from the Bay of the ill packing of flesh, and the great 
damage that some men haue suffered thereby, did now order 
that in every plantation in this jurisdiction there shall be pub- 
lique packers chosen, one, two, or more as the plantation shall 
[18] see meete, who shall packe all || beefe, porke or vension 
that shall be for sale, and onely in such caske as are allowed, 
marked w*h the coopers knowne and constant marke, w<^h are 
to conteyne full thirty one gallons, or wUiin halfe a gallon 
ouer or vnder, and to packe it well and close, and none but 
such as is merchantable and equally sorted, better and worser 
together in a barrell, in due proportion round the beast, 
w^hout heades or feete, w^h packers shall be vnder oath to 
deale truely and faitlifuUy in this trust; and for their paines 
and time spent, & the penalty if any shall breake this order 
by selling flesh not packed by the said packers, it is left to 
every plantatio to order and sett it so as they see cause. 

The dispose of the bearo that was brewed for the soldiours 
is referred to the two deputies of Newhaven, to doe it as well 
as they can for the good of the jurisdiction. 

The Court was informed that M'. Augar and John Brocket 
haue spent much time in pviding things for the soldiours if 

1658] JUMSDianoN op new haven. 26 

they had gone out to warr, many of w«h things being made vp 
will bee loss to them, a note whereof M^. Augar presented to 
the court, amounting to fiue pounds twelue shillings, and de- 
sired the court to take the things and paye him for them, or to 
alow him forty shillings for his time and loss in them and he 
would keepe them. The court considered his pposition and 
agreed rather to paye him forty shillings then to take the 
things, and ordered y^ he should haue so much paide him out 
of the treasury. 

And for John Brocket who spent much time and pvided 
some things for the same service, it is left to the magistrats of 
Newhaven to agree w*h him as well as they can, and to alow 
him as they see cause. 

It is ordered that the marshall shall haue tenn bushells of 
the wheat that came from Guilford in pt of his sallary for the 

It is ordered that all trade bee prohibbitted w*h the Duch till 
this court at their next session give further order, by w«=h time 
they may vnderstand from the other colonies what they doe in 
the like case ; onely in case of debts allready due to any there, 
if they shall be made to appeare that they are reall debts, 
(and doe beforehand make entrie thereof,) that no new debts 
be made to delude this order, and y^ there is a free course at 
the Manhatoes to paye debts belonging to those in this juris- 
diction, w^hout obstruction from publique authority, then just 
debts may bee paide in wampom or other things not prohibbit- 
ted ; but if by authority there, debts due to those of this juris- 
diction bee stopped, then debts due to them from hence shall 
be stopped also; and whosoeuer shall by any mcancs directly 
or indirectly breake this order, shall forfeite the valew of the 
debts or things traded to the jurisdiction. 

26 RECORDS OF THE [1653 

[19] At a Court op Magistratb held at Newhaven for 
THE Jurisdiction, the first of July, 1653.* 


Theophilus Eaton, Gouernor. 
M'. Stephen Goody eare, Dept' Gou\ 
Francis Newman, Magistrat for Newhaven. 
Capt' John Astwood, Magistrat for Millford. 

Edward Hull was called before the court and complained of 
for makeing great disturbance at Millford, carying it in such 
a maner towards the jurisdiction and authority thereof (at 
Millford) as is not to be borne. The sum of w^^h complainte 
was presented to the court in a wrighting now read, vnder the 
hand of M^ William Fowler, magistrate, and Robert Treate, 
one of the deputies, that the said Edward Hull, did in Mill- 
ford harbour make seizure of Thomas Baxsters boate, w<^h ho 
knew was before seized for the service of the cuntry, yet hee 
would proceede, and not onely so, but also after he knew it 
was seized for M^ Goodyeares pticular debte, he brake open 
the cabine, tooke away a gunn, a grapline and some cordidg, 
and caryed it away, and when a warrant was sent after him 
from the magistrate to come to him to answer, he refused, 
saying he would come againe shortly that way and make his 
answer, w^h not long after he did, but then stood to justify 
what he had done, though his comission will not warrant him 
therein, but beside this he brake out into many high words 
and threatening speeches, as that he might not onely seize 
her but cary her away if hee were able, or else fire her or take 
away any thing from her, and any that should w^hstand him 
herein should answer it; and vpon demand of security to 
come to a tryall and answer for what he had done, he said that 
hee hoped the rest of his company would come and sett him 
at libbertie, and that he hoped the Duch would come speedily 
and cut some of vs of, and other threatening oflFencive words, 
w^h will be proued by sufficient witnesses at Millford, adding 

* In margin, " This Court should haye bine entred before y« last generail Court, but 


that now he was a {xrisoner he would drinke nothing but sacke 
and suger, and that he would shortly come & beate downe 
their mill. 

Edward Hull said it is true he seized the boate, but first 
went to 7® magistrate and told him that it was prize, and 
though it is true he heard she was seized for the cuntrys Tse, 
yet the magistrate told him she was released, w<^h M^". Fowler 
in y« said wrighting fuUy denyes, and the said Edward Hull 
could not now proue. Hee was asked what comission he had 
to doe these things, wherevpon hee shewed his comission w<^h 
was read to the court, but nothing found therein to justify 
him in these cariages, but rather the contrary, for they w<>h 
granted him his co^ssion at Road Island put in that clause, 
that he should cary himselfe civilly where hee comes, w<^h he 
hath not attended ; beside his comission is to take but Duch 
yessellfii, or such as are enemies to the Gomonwealth of Eng^ 
land, w^h he. could not proue in this case, Thomas Baxster 
being an English-man and one that hath declared himselfe 
a frend to the English, and though he hath lived amounge 
the Duch, yet now he hath deserted them, and his verey 
[20] II lining among them formerly doth no more declare 
him an enemie then Gapt' Ynderhills doth declare him so. 
After sundrie debates of this nature, the said Edward Hull 
and others that stood by saw that his comission would not 
beare him out in what hee had done, yet hee continewed in his 
justifycation, vttering some high words and oflFeusive speeches 
before the court; wherevpon the court told him that if hee 
justifye himselfe in this and intends to pcecde in such wayes 
to the disturbance of the colonies, the court must consider of 
another way then they yet thought of, that is to send him to 
England, to answer it there, and then hee will see whether 
y« Parliament will justify him in such courses as these, and 
thinke him a fitt man to bee betrusted w*h a comission w<^h 
caries it in this maimer to the Parliaments frends, thus to 
threaten them and hope that the Duch, the Parliaments and 
our enemies, will speedily come and cut some of vs of. 

After w^h hee desired a little respite to consider, w<^h was 
granted, and quickly came before the court againe and ac- 

28 RECORDS OF THE [1653 

knowledged y* by this debate w*h the court he saw the com- 
pass of his comission more then euer hee did before, and doth 
see that hee hath in this buisnes gone beyonde his comission 
and is verey sorrey for it, and for giueing out such speeches as 
hee hath done in his hast and passion, and desires the court to 
pass it by, and hee promiseth to be more wary in attending 
his comission for time to come; vpon w«^h acknowledgment 
the court was willing for tliis time to pass it by w*hout any 
further trouble to him. 

Ensigne Bryan was complained of, that when he vnderstood 
from Edward Hull what hee intended to doe in takeing those 
things out of the boate, yet hee did not acquainte the magis- 
trate wth it but countenanced him therein by goeing along 
w^h him, w*^h held fortli as if he approved the action, though 
hee know beside y« seizui-o made for y« cuntry tlier was an 
attachment laid vpon boate and goods for M*". Gk)odyeare for a 
pticular debte, and that hee himselfe became suretie that y« 
boate and goods should bee safely preserved for M'. Good- 
yeares vse, w«h cariage in respect of the publique, Ensigne 
Bryan was told is contrary to his oath of fidellitie taken to the 
jurisdiction, w<^li things Ensigne Bryan acknowledged was true 
and confest it was his greate fault so to doe, and had hee con- 
sidered his way he should haue done otherwise. The court 
considering that Ensigne Bryan acknowledgeth his miscariage, 
and hoping it will be a warning to him hereafter, and vpon 
the desire of the deputies of Millford, who prosecuted in ye 
case, they past it by w^hout any further trouble to liim at 


1658] JUBisDicnoN of new hayen. 29 

[21] At a Coubt of MAGisiaATS held at Newhauen for 
the jubisdiction, august, 4^^, 1653. 


Tlieophilus Eaton, Gouemor. 
M'. Stephen Goodyear, Dept. Goa. 
Francis Newman, \ 
Gapt' John Astwood, > Magistrais. 
M'. William Leete, ) 

M'i*. Elizabeth Grodman accused goodwife Larremore that 
one time when she saw her come in at goodman Whitnels she 
said so soone as she saw her she thought of a witch. Good- 
wife Larremore said that one time she had spoken to that pur- 
pose at M'. Hookes, and her ground was because M'. Dauen- 
port aboute that time had occasion in his ministry to speake 
of witches, and showed that a froward discontented frame of 
Sfmit was a subject fitt for y« Devill to worke vpon in that 
way, and she looked vpon M". Gt)dman to be of such a frame 
of spirit, but for saying so at goodman Whitnels she denyes it. 
M'**. Gk)dman said, goodman Whitnels maid can testify it. 
The maid was sent, and when she came she said she heard 
M'»*. Godman and goodwife Larremore a talking, and she 
thinkes she heard goodwife Larremore say she thought of a 
witch in y« Bay when she see M'»». Godman. Goodwife Lar- 
remore further said that M'»». Godman had her before the 
gouemor for this, and the gouemor asked her if she thought 
M". Godman was a witch, and she answered no. 

M'»". Godman was told she hath warned to the court diners 
psons, viz<^: M'. (Joodyeare, M"». Goodyeare, M^ Hooke, 
M"«. Hooke, M"». Atwater, Hanah & Elizabeth Lamberton, 
goodwife Larremore, goodwife Thorpe, &c., and was asked 
what she hath to charge them w^h, she said they had given 
out speeches that made folkes thinke she was a witch, and 
first she charged M*"*". Atwater to be y® cause of all, and to 
cleere things desired a wrighting might be read w<^h was taken 
in way of examination before y« magistrate, (and is hereafter 
entred,) wherein sundrie things concerning M"*. Atwater is 
specifyed w^h were now more fully spoken to, and she further 

80 RECORDS OF THB [1653 

said that Mr>«. Atwater had said that she thought she was a 
witch and that Hobbamocke was her husband, but could proue 
nothing, though she was told that she was beforehand warned 
to prepare her witnesses ready, w«h she hath not done, if she 
hauo any. After sundrie of the passages in y* wrighting were 
road, she was asked if these things did not giue just ground 
of suspition to all that heard them that she was a witch. She 
confessed they did, but said if she spake such things as is in 
M^ Hookes relation she was not herselfe. She was told she 
need not say, if she spake y™, for she did at the gouemo's* 
before many witnesses confess them all as her words, though 
she made the same excuse that she was not in a right minde ; 
but M'i>. Hooke now testifyed slie was in a sober frame and 
spake in a diliberate way, as ordinarily she is at other times. 
Beside what is in the papr, 'bi^'^'^. Godman was remembred of a 
[22] passage spoken of at the gouerno's || aboute M'. Oood- 
yeares falling into a swonding fitt after hee had spoken some- 
thing one night in the exposition of a chapter, w<^h she (being 
present) liked not but said it was against her, and as soone as 
M^. Goodyeare had done duties she flung out of the roome in 
a discontented way and cast a fierce looke vpon M^ Good- 
yeare as she went out, and imediately M'. Goodyeare (though 
well before) fell into a swond, and beside her notorious lying 
in this buisnes, for being asked how she came to know this, 
she said she was present, yet M*". Goodyeare, M'**. Gtoodyeare, 
Hanah and Elizabeth Lamberton all affirme she was not in y^' 
roome but gone yp into the chamber. 

After the agitation of these things the court declared to 
M'^*. Godman, as their judgment and sentence in this case, 
that she hath vnjustly called heither the seuerall psons before 
named, being she can proue nothing against them, and that 
her cariage doth justly render her suspitious of witchcraft, 
w<^h she herselfe in so many words confesseth, therefore the 
court wisheth her to looke to her carriage hereafter, for if fur^ 
ther proofe come, these passages will not be forgotten, and 
therefore gaue her charge not to goe in an ofiensive way to 

* In margiiiy ^ July 21 : 68." 

1658] JUBiSDicnoN op new haven. 81 

folkes houses in a rayling manner as it seemes she hath done, 
but that she keepe her place and medle w^h her owne buisnes. 

Hie examination of Elizabeth Oodman, May 21^^, 1653. 

Elizabeth (Jodman made complainte of M'. Goodyeare, M"». 
Goodyeare, Mf.Hooke, M''«.Hooke,M"«. Bishop, M^**. Atwa- 
ter, Hanah & Elizabeth Lamberton, and Mary Miles, M'i*. At- 
waters maide, that they haue suspected her for a witch ; she was 
now asked what she had against M'. Hooke and M"". Hooke; 
she said she heard they had something against her aboute their 
soone. M''. Hooke said hee was not w^hont feares, and hee had 
reasons for it ; first he said it wrought suspition in his mindc 
because shoe was shut out at M^. Atwaters vpon suspition, and 
hee was troubled in his sleepe aboute witches when hisboye, was 
sicke, w^h was in a verey Strang manner, and hee looked vpon 
her as a mallitious one, and prepared to that mischeifc, and 
she would be often speaking aboute witches and rather justifye 
them then condemne them ; she said why doe they provoake 
them, why doe they not let them come into the church. 
Another time she was speaking of witches w^hout any occasion 
giuen her, and said if they accused her for a witch she would 
haue them to the gouemor, she would trounce tliem. Anoth- 
er time she was saying slie had some thoughts, what if the 
Devill should come to sucke her, and she resolued he should 
not sucke her. M^ Hooke said anotlier thing w^h strength- 
ened his feares was, that whateuer was done in y® church 
meetings she would know it presently, and his sonn John was 
vexed at it, and she being then questioned aboute it said some 
of the members told her, she was asked who, and she instanced 
brother Whitnel, concerning the agreement for caticliiziug, 
and some sisters she said told her some thing, but named none 
[23] nor what they told her. Jane Hooke said M''»». || Elze- 
beth could tell sundrie things that was done at y® church 
meeting before meeting was done, as aboute Delaware Bay, 
aboute M^*. Gheever, and aboute goodman Lamson and some 
other things. Time, M*". Hookes Indian, said in church meet- 
ing time she would goe out and come in againe and tell them 
what was done at meeting. Time asking her who told, she 
answered plainly she would not tell, then Time said did not 

32 BECOBDS OF THE [1653 

yo Devill tell you. She was also accused for talking and 
muttering to herselfe ; testifyed by Henry Boutle and some 
others. Time said she heard her one time talking to herselfe, 
and she said to her, who talke you too, she said, to you ; Time 
gjaid you talke to y« Devill, but she made nothing of it. M^ 
Hooke further said, that he hath heard that they that are 
adicted that way would hardly be kept away from y« houses 
where they doe mischeife, and so it was w*h her when his boy 
was sicke, she would not be kept away from him, nor gott 
away when she was there, and one time M'*^. Hooke bid her 
goe away, and thrust her from y« boye, but she turned againe 
and said she would looke on him. M""**. Goodyeare said that 
one time she questioned w% Elizabeth Godmand aboute y® 
boyes sickness, and said what thinke you of him, is he not 
strangly handled, she replyed, what, doe you thinke hee is be- 
witched; M""**. Goodyeare said nay I will keepe my thoughts 
to myselfe, but in time God will discouer. 

It was also said that it is suspitious that she hath put y^ 
boyes sickness vpon some other cause, as that he had turned 
his braines w^h sliding, and said the boye would be well 
againe, though he was handled in such a strange manner as 
the docter said hee had not mett w% the like. M^ Gx)od- 
yeare asked her i^ she was not the cause of his disease, she 
denyed it, but in such a way as if she could scarce denyc it. 

M^ Hooke further said, that when M'. Bishop was married, 
M"». Godman came to his house much troubled, so as he 
thought it might be from some affection to him, and he asked 
her, she said yes; now it is suspitious that so soone as they 
were contracted M""** By shop fell into verey Strang fitts w<^h 
hath continewed at times euer since, and much suspition there 
is that she hath bine the cause of the loss of M"». Byshops 
chilldren, for she could tell when M'»». Bishop was to be 
brought to bedd, and hath giuen out that she kills her chilldren 
w*h longing, because she longs for every thing she sees, w^h 
M"«. Bishop denies; and being required to giue an instance, 
she said M"». Hooke said M'»». Bishop longed for some pease, 
but that made against her when M">. Hooke was spoken w*h, 
and Jane Hooke said that M">. Oodman said to her M''". 


Byshop was much giuen to longing, and that was the reason 
she lost her chilldren. Another thing suspitious is, that she 
could tell M'". Atwater had figgs in her pocket when she saw 
none of them ; to that she answered she smelt them, and could 
smell figgs if she came in the roome, nere them that had 
them; yet at this time M"«. Atwater had figgs in her pocket 
and came neere her, yet she smelt them not ; also M"». Atwater 
[24] said that M"». Oodman || could tell that they one time 
had pease porridge, when they could none of them tell •how 
she came to know, and beeing asked she saith she see y^ on 
the table, and another time she saith she was there in y« morn- 
ing when the maide set them on. Further M"». Atwater saith, 
that that night the figgs was spoken of they had strangers to 
supper, and M'»". Godman was at their house, she cutt a sopp 
and put in pann; Betty Brewster called the maide to tell her 
& said she was aboute her workes of darkness, and was suspi- 
tious of M'*". Gk)dman, and spake to her of it, and that night 
Betty Brewster was in a most misserable case, heareing a most 
dreadfull noise w^h put her in great feare and trembling, w«h 
put her into such a sweate as she was all on a water when 
Mary Miles came to goe to bed, who had fallen into a sleepe 
by the fire w^h she vsed not to doe, and in y® morning she 
looked as one y* had bine allmost dead. M*"*". Atwater said 
she told M'T^*. Oodman of sundrie things w^h render her sus- 
pitious, and forwarned her of her house ; she said she would 
haue her to y« court, M'*". Atwater said very willingly ; yet 
the next night she came theither againe for beare. 

M*"*". Oodman accused M^ Ooodyeare for calling her downe 
when Mr". Bishop was in a sore fitt, to looke vpon her, and 
said he doubted all was not well w'h her, and that hee feared 
she was a witch, but M'. Ooodyeare denyed that; vpon this 
Mf»». Gk>dman was exceeding angrie and would haue the ser- 
vants called to witnes, and bid Oeorge the Scochman goe aske 
his master who bewitched her for she was not well, and vpon 
this presently Hanah Lamberton (being in y« roome) fell into 
a verey sore fitt in a verey Strang mafier. 

M"^**. Oodman said the reason of her saying as before was 
because M'^'*. Ooodyeare a little before said they was bewitch- 


34 RECORDS OF THB [1658 

ed. M^i*. Goodyeare said she said not so, but she and her 
daughter went to M'»«. Qodman and said some thought they 
were bewitched, and said here is a poore weake woman, 
(meanning M"". Bishop,) what thinke you of her, some haue 
thought she is bewitched; she laughed and said alass who 
should bewitch her, she had a cousin was so; M»^". Goodyeare 
said, if there be any such psons, she was pswaded God would 
finde them out and discover them, for, said she, I never knew 
a wiich dye in their bed; M"". Godman answered you mistake, 
for a great many dye and goe to tlie graue in an orderly way. 

Another time M^*". Goodyeare said to her, M"^'". Elzebeth 
what thinke you of my daughters case ; she replyed what, doe 
you thinke I haue bewitched her; M^*". Goodyeare said if you 
be the ptie looke to it, for they intend to haue such as is sus- 
pected before the magistrate. 

Mi^i". Godman charged Hanah Lamberton that she said she 
lay for somewhat to sucke her, when she came in hott one day 
and put of some cloathes and lay vpon the bed in her cham- 
ber. Hanah said she and her sister Elizabeth went vp into 
the garret aboue her roome, and looked downe & said, looke 
how she lies, she lyes as if some bodey was sucking her, & vpon 
that she arose and said, yes, yes, so there is ; after said Hanah, 
she hath something tliere, for there seemed as if something 
was vndor the cloathes ; Elizabeth said what haue you there, 
she said nothing but the cloathes, and both Hanah & Eliza, 
say that M'»". (Jodman threatened Hanah, and said let her 
looke to it for God will bring it vpon her owne head, and 
aboute two dayes after, Hanahs fitts began, and one night 
especially had a dreadfuU fitt, and was pinched, and heard a 
hedious noise, and was in a Strang manner sweating and burn- 
ing, and some time cold and full of paine y^ she shriked out. 

Elizabeth Lamberton saith that one time y® chilldren came 
downe & said M""**. Godman was talking to herselfe and they 
[25] were afraide, || then she went vp softly and heard her 
talke, what, will you fetch me some beare, will you goe, will 
you goe, and y® like, and one morning aboute breake of day 
Henry Boutele said he heard her talke to herselfe, as if some 
body had laine w*h her. 



M"". Godman being examined, (M'. Dauenport being pres- 
ent,) she was asked why she said M»^»«. Bishop longed allmost 
for every thing she see, and when she could not haue it, that 
was the cause of her fainting fitts and y« loss of her chilldren ; 
she said she heard something of M^**. Hooke to that purpose, 
that she longed for pease, but Mr»«. Hooke being sent for de- 
nyed that euer she told her so, and Jane Hooke being present 
said M'»". Gk)dman told her that M^i". Bishop was much giuen 
to longing and that was the reason she lost her chilldren, and 
Hanah Lamberton said M"**". Godman told her so also, and 
M'»». Bishop said another woman in y^ towne told her that she 
had heard M'»". Godman say as much, so that she could not 
denye it ; she was told she hath much inquired after the time 
of M'»>. Bishops delivery of her chilldren, and would speake of 
it so as M'>«. Goodyeare and her daughters marveled how she 
could know, and Hanah Lamberton one time told her mother 
that M'»«. Godman kept her sisters count; she was asked the 
reason of this and of her saying M^'^. Bishop was so giuen to 
longing as it was a meanes to lose her chilldren when it was 
not so ; she said she could giue no reason, then she was told 
it was a high slander vpon M"«. Bishop, she said she can say 
nothing but must lye vnder it. 

M"». Goodyeare said when M^ Atwaters kinswoman was 
married M"". Bishop was there, and the roome being hott she 
was something fainte, vpon that M>">8. Godman said she would 
haue many of these fainting fitts after she was married, but 
she saith she remembers it not ; she was told she hath also 
said that M"". Bishop hath had such fitts of a child and Hanah 
Lamberton said she told her so, w<^h thing is not; M^is. God- 
man says she denyes it not but she remembers it not ; she was 
asked the reason why she should reporte these things if it were 
not to hide some other things w<^h she would not haue discov- 
ered, and to hide these fitts, therefore giue a reason ; she said 
she cannot tell the reason. 

Good wife Thorp complained that M"**". Godman 
June i6«b, came to her house and asked to buy some chickens, 


she said she had none to sell, M''*». Godman said will 

36 BBOORDB OF THE [1653 

70U giue them all, so she w^it away, aud she thought then 
that if this woman was naught as folkes suspect, may be she 
will smite my chickens, and quickly after one chicken dyed, 
and she remembred she had heard if they were bewitched they 
would consume w'hin, and she opened it and it was consumed 
in y« gisard to water & wormes, and divers others of them 
droped, and now they are missing and it is likely dead, and 
she neuer saw either hen or chicken that was so consumed 
w^hin w*h wormes. M"^**. Godman said goodwife Tichenor 
had a whole brood so, and M»^»». Hooke had some so, but for 
M'»". Hookes it was contradicted presently. Tliis goodwife 
Thorp thought good to declare that it may be considered w^h 
other things. 

[26] At a Generall Court held at Newhauen for the 

Jurisdiction, October 12*»», 1653. 


Theophilus Eaton, Esq'. Goue^no^ 
M'. Stephen Goodyear, Dept. Gouerno^ 
Francis Newman, Magistrat for Newhaven. 
Capt. John Astwood, Magist't for Millford. 
M'. William Leete, Mag: for Guilford. 


Mr.Gibbard, j jjewhayen. 
Henry Lindon, ) 

Benja: Fenn, j jj-j^.^^^ 

Robrt Treat, 3 

Leutennant Chittenden, | (i«nfQ«d 
M'. Jorndan, J 

Jasper Crane, j g^andford. 
bam: Swaine, ) 

The Gouernor and Capt. Astwood acquainted the court w*h 
the proceedings of the comission''s at Boston at their last meet- 
ing in September, and first w*h the debate they had for tenn 
dayes w^h the Massachusets Generall Court, before they could 


sitt as Gomission's, and after wMi what they did when the 
comission's satt, all w«h wrightmgs wore read to the court. 
What ye comission's of this collony did the court approved, 
but considering what the Massachusets Geiierall Court and 
Counsell haue done, this court all agreed and cannot but de- 
clare that they haue broke their covenant w*h vs, in acting 
directly contrary to the articles of confederation ; vpon w^h 
consideration this court sees themselues called to seeke for 
help elswhere, and can conclude of no better way then to 
make their addresses to the State of England, and for the 
more full proceeding therein, agreed to acquaint Connecti- 
cote Collony therew^h, and desired the gouerno' to Wright a 
letter to that purpose to M'. Haines, gouemo^^ there, as also 
to desire a treaty w*h them, (by a comittee chosen by their 
generall court, to joyne w*h a comittee of this court,) here at 
Newhaven aboute this, and also aboute and concerning the 
Indians, whose spirits are stirred, wanting the help from the 
English w*^h they expected ; and for the better furtherance and 
more full prosecution of this buisnes in England, the court 
vnderstanding that Capt. Astwood is speedily to take a voyage 
iheither aboute his owne necessary occasions, did desire and 
appointe him for this service, and agreed that a letter should 
be written from this court to M^ Hopkins to intreate him to 
be helpfuU and assistant to Gapt. Astwood in this matter ; and 
that wrightings be sent from hence w^'h may fully declare the 
case as it is in the compass of it so farr as is necessary, w<^h 
wrightings are to bee signed as both the comittees shall agree, 
in the name of both the generall coiirts, and to desire help of 
shipping from England and what other force they thinke fitt, 
that if they see good meanes may be [vsed ] 

[27] II And to this purpose it was conceived and voted, that 
the declaration to the Lord Generall, fully informing the 
present state of the westward colonies, may close and bee con- 
cluded. That vnless the Duch bee cither remoued or (so farr 
at least) subjected that these colonies may bee freed from inju- 
rious affronts and securied against the dangers and mischeiv- 
ous eflTects w^h dayly grow vpon them by their plotting w*h 
the Indians and furnishing them wUi armes agst the English, 

38 RECORDS OP THE [1653 

and that the league and confederation betwixt the foure vnited 
English colonies be confirmed and setled according to the true 
sence and, till this yeare, the continewed interpretation of the 
articles, the peace and comforts of these smaller westerne colo- 
nies will be much hazarded, and are like to be more and more 
impared, but as they conceive it their duty thus fully to pre- 
sent their afflicted condition to yo*" Exelency, so they humbly 
leaue themselues, w^h the remedies, to yo"" consideration A 

The comittee chosen by this court to treate wUi a cofhittee 
from Connecticote is the gouerno'', M^ Leete, Benjamin Penn, 
and M*". Crane, not excluding the other magistrats of New- 
haven and leaning Capt. Astwood to come as he thinkes good 
and his occasions will giue way; and after both comittees haue 
mett, this court desires that the colony of Plymouth may be 
acquainted w% what they shall conclude vpon, that so if it 
may bee, they may haue their concurrance in the buisnes also ; 
and if botli the comittees shall agree vpon any expedition 
against the Narraganscts, then it is ordered that this court 
will meete againe to consider of it. 

A letter from the Massachusets Genorall Court to tliis Court 
was presented and read, wherein they desire that this court 
would appointe a comittee to meete and consider the Articles 
of Confederation, because some things in them wants explana- 
tion, and some alteration; in w^h letter they also ppound 
foure queries to be answered, all w^^h the court considered of 
and by vote declared, that they see no cause to chuse any 
comittee for that purpose. The Articles of Confederation in 
their judgment wants neither alteration nor explanation, and 
they are fully satisfyed in them as they are ; and for the foure 
queries ppounded, they conceive they arc easily answered, and 
doe desire and intreate the gouerno'' on their behalfe to draw 
vp an answer and send it to them, so soone as conveniently 
he can. 

The letter from p* Massachusets Court, 

Honored Preinds, To yo' answer of our declaration (so ill 
resented by you) wee made no reply but pposed a more speedy 
way (in our apprehensions) to prevent aU misvnderstanding 

1658] JUBiSDicnoN of new hayen. 89 

aud composing any differrent apprehensions concerning the 
true sence and meaning of our confederation, & in pursuance 
thereof our Generall Court assembled the day before the meet- 
ing of the Comission's, to whose considerations wee p^'sented 
some propositions to that end, but after some expence of 
time wee were satisfyed our endeavours would proue firuitless 
through want of power on liieir parts ; wee resolued therefore 
as wee haue declared in our returnes to them, of w^h you may 
be fully certifyed by yo^ comission's, to address ourselues to 
the severall generall courts our confederates, to present our 
desires of a right vnderstanding of the articles of our confed- 
eration, being induced therevnto by the diflFerrent app''hen- 
sions w^h, (to our griefe,) are arisen amongst vs, and if wee 
haue oflfended by a possitive declaration of our owne sence of 
[28] II the articles, let it be accepted in pt of satisfaction that 
wee doe at present presume no further then to propound some 
queries to yo' consideration, the resolution of w^h shall not 
onely bee w^hout oflFence, but that w^h wee desire, and will 
much conduce to begett a right vnderstanding betweene vs. 

1. Whether the reason of tlie comission's be the reason of 
all y« gen'^i courts. 

2. Whether notw*hstanding the determination of the comis- 
sion^^s, the courts, in cases of great concemmt, ought not to be 
satisfyed of the justice of their determinations before they 
pceede to act. 

3. Whether it can consist w^h the preservation of entire 
power of gouerment reserved to the seuerall jurisdictions, that 
the juridicall or authoritative determination of peace and 
warr should be in the hands of six comission's, who as such 
are not members of any court, and may pbably be no members 
of a dissenting jurisdiction. 

4. Whether the coihission'^s, as comission^s, be subject to 
the gen'll courts of the seuerall jurisdictions to w*^h they 
belong, or the jurisdictions and generall courts be subject to 
the comission^'s. 

The Articles wee conceive give occasion for these and many 
other questions of the like nature, and therefore need explan- 
ation or reconsiliation according to the true nature of a con- 
federation, w<^h is the preservation of the power of gouermt of 
euery jurisdiction, not the stateing of any power in comission^s 
otherwise then subordinate and subservient to that end. 

The concordance of yo"^ answer (in these pticulars) w% our 
apprehensions, will put and end to our diflFerrences and begett 
a right vnderstanding betweene vs. 

But because wee cannot assui^e ourselues thereof in euery 
pticular, and being seriously desireous of the continewation of 

40 REOOBDB OF THE [1658 

our amity^, wee propose to yo"" consideration that a comittee 
be chosen by each jurisdiction to treate & agree vpon such 
explanation or reconsilliation of the Articles of Confederation 
as shall be consistent w^h our true meaning, the nature of a 
confederacy, and the power and authority of euery gouerment, 
w^h being preserved to the scuerall generall courts, may be 
acknowledged, ratifyed and confirmed, the endeavouring 
whereof wee accompt the duty of 

Yo"^ louing frends and confederates, 
The Grenerall Court of the Massachusets. 
Boston, 13**» of ' Edward Bawson, Secret. 

September, 1653. 

The ajnswer to the foregoing letter. 

Much Honnoured Gentlemen, Vpon the receipt of yo's, 
dated September IS^**, 1653, wee have perused and considered 
what passed betwixt yo'selues and the comission's, w*h the 
vncomfortable conclusion of the last meeting; wee hoped the 
answers sent from the generall courts of Connecticote and 
Newhaven to yo' vnexpected interpretation might haue cleered 
the Articles of Confederation and prevented those latter agita- 
[29] tions, if according to the words and gramatticall || sense, 
the comission's have power to judg &, determine the justice of 
an offensive or vindictive warr, as yo' councell and comission»'s 
in their letter to the gouernor of Newhaven, dated July 21^*^, 
1653, granted, and yo'^selues seeme to confirme in the former 
pt of yo' first wrighting sent to the comission's at their last 
session ; wee suppose thoy haue the same power in defensive 
warrs, leagues, aydes, &c., but confess what followes in yc 
said wrighting is to vs darke, if not a contradiction. They 
haue no power to judg and determine in the premises or any 
pt of them. They doe but beate the ayre, consider and con- 
clude in vaine, if none of the colonies be obliged to act accord- 
ing to their determinations. Wee grant (as the comission's 
thcmselues haue done,) that if any of their determinations 
prove manifestly vnjust, (w<^h wee haue not yet heard of,) 
they ought to be laide aside. It is better to obey (Jod then 
man, to obey God then generall courts or comission'^s, Ac, 
which being promised and duely applyed to what followeth, we 
pass on to yo' foure queries, & conceive. 


1. That as the reason of the magistrats and deputies in each 
of the colonies, in what is peculier to them, is the reason of y« 
colcmy, so the reason of eight or six comission's, chosen and 
invested, &g.j according to the Articles, is the reason of the 
confederates in matters propper to the confederation. 

2. That the comission's, in the scope of the Articles and 
intention of the confederates, are the representatives of the 
colonies, who vertually meete and determine in and by them, 
and in severall cases sometimes one of the generall courts, 
sometimes another may not see, or will not profess to see, sat- 
isfying light, but euery scruple admitted to stopp proceedings 
may prove verey prejudicial! to the colonies & soone breako 
the confederation. 

3. The peculier jurisdiction and gouerment of one single 
colonie may be well distinguished from the power and tnist 
of the comission's. The former wee conceive consists in 
makeing, repealing and executing lawes, choosing their owne 
officers, and all things of like nature, wherein themselues are 
onely concemd. The latter in affiures of warr, peace, leagues, 
aydes, &c., wherein all the colonies by their confederation are 
equally interressed, as is cleerly & fully exprest in the sixt 
Article, so that these are no wayes inconsistent. The freemen 
in each colony doc or may yearly choose such comission's as 
in whom they may l>est confide, not onely membei-s but if they 
please officers of their courts, but in each generall court lawes 
& conclusions pass by most voyces, though the deputies of 
some pticular plantations interressed dissent. 

4. The comission'^s, as comission^s, are liable and may be 
called to account for tlie discharge of their trust, and to cen- 
sure for vnfaithfullnes, and so subject to the gen: courts to 
w^h they severally belong, but w^hall these foure gen: courts 
haue joyntly and severally, for tliemselues and their posteri- 
ties, entred into a firmo and perpetuall covenant to act accord- 
ing to the determinations of eight or six of their comission^^s 
in the affaires of the confederation. 

[80] II So that though these and many other questions may 
be ppounded, yet out of the Articles duely considered, satisfy- 
ing answei*s may be giuen. The power of the coiTiission'^s is 


42 BECOBDB OF THE [1668 

& ought to be subordinate and subservient to tiie safety & 
wellfare of the confederates, and neither doth nor may in- 
croach ypon the peculier jurisdiction reserved to each colonic 
in pticular. 

Wee yet see no cause to chuse or send a comittee, either for 
explication or alteration of any of the Articles; were all our 
spirits in as right a frame to keepe the covenants as tenn 
yeares since to enter and make them, wee suppose these dis- 
putes would soone be at an end; but when we consider what 
hath passed this summer concerning the Duch, both in reffer- 
ence to the vnjust warr they haue begun and still prosecute 
against the Cofhonwealth of England, the former hostile 
wronges some of the colonies haue here susteyned, for w^h no 
satisfaction can be obteyned, and y® late bloody conspiracy, 
w<^h (as yo' reverend elders acknowledg) God in speciall 
&uour hath discovered, and vpon what (in themselues) satis- 
fying grounds seven of the comission's voted a warr against 
Ninigret, (a conspirato' w^h, and agent for the Duch,) and 
agreed the numbers of men to be sent forth, according to w^h 
all the colonies were by solemne covenant ingaged to act, but 
find that the councell for the Massachusets denyed to raise 
forces for that service, not so much as alleadging that any 
thing in y« comission'^s determination was vnjust or contrary 
to rule, but onely that they see not sufficient ground to vnder- 
take the warr, w^h any generall court (in the justest deter- 
minations) may at any time affirme or pretend; but such 
refusall (as yo''selues well knew and thereof, anno 1648, mind- 
ed y« comission's,) is a breach of league and covenant. And 
compareing it w^h yo' Strang and streined interpretation of the 
Articles, June 2^^, 1658, and yo' later agitations w^h the 
comission's in y« former pt of September, wee cannot but 
feare it is by many a premeditated and resolued breach, which 
certainly is a pvoaking sinn against God, of a scandalous na- 
ture before men, and may produce dangerous effects to the 
other three colonics. It had bine much better for them neuer 
tp haue combined, then to be thus deserted by them that first 
propounded & pswaded to the confederation. They are now 
exposed more to the malice and treachery both of Duch and 

1653] juBiSDicnoN of new haven. 48 

Indians then before, but of whom it will be required yo'selues 
will consider. Wee desire first to looke yp to the gracious & 
faithfull €k>d who keepeth truth for euer, and in the second 
place to seeke advice and help elsewhere. 

Signed by Oonnccticot & Newhauen Secrets. 
Dated Nouem, 
first, 1653. 

M'. (Joodyeare read a letter to the court from Stamford, 
informing that a Duchman w«h knew our order had traded at 
Stamford some small matters and gathered vp some pvisions 
for his paye, w«h the constable hearing of staide for the juris- 
diction till further order, and doth now desire to. know y« 
[31] minde || off the court. The court declared that it is 
a direct breach of y® order, and therefore is justly forfeite, 
but if any of the pties coceive they haue anythmg to say for 
themselues w«h may excuse or mittigate the offence, they may 
apply theiftselues to the court of magistrats, who will heare 
and determine as they see cause, according to the law in that 
case. Also in the same letter they propound concerning caske 
for flesh, that they cannot get their coopr to make any caske 
aboue 25 gallons, he hauing provided and cut his stuff before 
the order; and for information herein, the court sent for Nic- 
olas Elsy, a coopr here at Newhauen, to know whether the 
caske might not be made according to the order, though the 
stuff was cutt for a less size ; he said he could not so fully tell 
vnless he saw the stuff, but he conceives it might serve. Also 
some here at Newhaven ppounded that the order might be 
altered, for the size is too big, and at Connecticot the order is 
but 28 gallons, w^h y« court considered of, but saw no cause 
to alter the order at this season, sundrie hauing allready sould 
some quantities of beefe beforehand to be deliuered, and sev- 
eral! caske being allready made, and some psons haue packed 
vp beefe in caske of this size, therefore for this yeare they con- 
firme the order as before, and if Stamford doe not make their 
caske according to the order, they must then before they sell 
any declare to the buyer what they hold, that so no deceipt & 
TnrigbteoTLsnes be comitted. 

44 RECORDS OF THE [1653 

Another from Stamford was read, wherein they informe the 
court y* their is some diflFerenc betwixt John Chapman and 
their towne, w^h they cannot comfortably issue wUiout the 
help of tw magistrats, and therefore they desire the court to 
send two magistrats to Stamford to kecpe court, whcrevpon 
this court did order tliat a letter should be sent to them in- 
fornung that if the diflFerrence be but small, it were better they 
issue it amonge themsclues, for tlie charg will be great in 
sending and will fall vpon those w<^h shall be found delinquent, 
and if vpon this information they notw^hstanding desire it, 
two magistrats shall be sent vnto them. 

An order made by the Comission^s concerning the makeing 
of Duch vessells prize if they be taken in any of the harbours 
of the Vnited Colonies was read, and by vote confirmed & 
declared to be put in execution in this colonic, w^h order is 
as followeth, 

Vpon information received that in pursuit of Thomas Bax- 
ter, who (by vertue of a comission from Road Island vnder 
the Comonwcalth of England) hath taken a Duch boate or 
vcssell neare tlie Manhatoes, the Duch haue manned out two 
vessells w*h aboute one hundered men in tliem as men of 
warr, and did then lye in the road nere the opening of Fair- 
feild harbour where Baxter was, the Comission'^s considering 
the continewed open warr betwixt the Comonwcalth of Eng- 
land and the Netherlands, w*h the hostile affronts the Duch 
in these pts haue form^y oflFerred to the English colonies, and 
the late execrable conspiracy charged vpon the Duch gouernor, 
his fiscaJl, &c. judg it necessary that each jurisdiction w^hin 
its owne lymits doe declare and order that all Ducli shipps & 
other smaller vessells be at their perill prohibited coming into 
any harbour belonging to any of the confederated colonies, 
w^hout express lycense from tlie gouerno' of the colony or 
some other magistrate thereof, and if any such shipp or vcs- 
sell shall after such order duely published, come into any 
[31] such II harbour or road, and being by some magistrat or 
tiie next millitary oflScer where there is no magistrate, or by 
such as are in each colonic appointed, being thcrevnto requir- 
ed, shall not forthw^h (or at least w^hin six hoiu-es) depart 
out of the said harbour or road, it shall be lawfuU for the said 
colonic or plantation where any such vessell rides, by their 
owne or any other neighbour force, either to surprize and 
seize the same or to force it thence; and in the present pticu- 


lare case at Fairfeild, if the said Duch vessells or either of 
them, or any other, be or shall ride or stay in the said road or 
harbour or any other harbour or road in those western colo- 
nies, it is hereby declared that such vessell or vessells be 
comanded forthw^h to depart, but if the master or masters, or 
any of them, or such as order the said vessells or any of them, 
refuse or delay beyond the time before lymited, (wind & 
weather pmitting them to dept,) the inhabitants of Fairfeild 
or any other plantation w'hin the said two colonies, calhng in 
help (if they see cause) as aboue, shall haue libertie to seize 
or force them thence as they can, and in all seizures so made, 
no pt either of goods, riggen or apptenances belonging to any 
such vessell shall be imbezelled or taken into any private vse 
till by a due tryall in the jurisdiction where the seizure is 
made, the vessell or vessells be found just prize by vertue of 
this order, and vessell and goods duely prized, and that after 
the seizure is judged lawfull by the authority afToresaid and 
so prised, then two third pts shall be alowed to the plantation 
or to such persons as shall seize the said vessell or vessells, 
towards charges as each jurisdiction shall order, and one third 
pt (free of all charges) to the colonies in their diflFerrent pro- 

Boston 17th, Septem. 1653. 

Simon Bradstreet, President. 

William Hathornc, 

Tho: Prence, 

John Browne, 

Rogger Xiudlow, 

John CuUick, 

Theoph Eaton, 

John Astwood. 

The Court considering the occasions of the jurisdiction, for 
defraying of necessaiy charges expended and to be expended, 
see cause to order that a rate of three hundercd pounds be 
leuyed from the seuerall plantations in this jurisdiction in due 
and equall proportions, ouer and aboue the two hundered 
pound before granted in June last, w<^h 300'* is to be pd be- 
twixt this and the last of December next, in that paye, in such 
manner, and vndcr the same penalty as the former 200' ^ is 
ordered to be paide. The proportions is as followeth. 

46 SEOORDS OP THE [1658 

Newhaven, 118: 14: 06. 

Millford, 064: 04: 09. 

GuUford, 042: 07: 07^. 

Stamford, 34: 08: 03. 

Southhold, 23: 07: 01 J. 

Brandford, 21: 17: 09. SOO^M 00: 00. 

[83] II And further, considering tlie ingagment the jurisdic- 
tion stands in at the Bay for the powder and amunition sent 
from England, and brought heither in y* summer, w*h some 
other debts due from the jurisdiction, did now order that ouor 
and aboue the former rates, sixty nine pounds be raised in the 
jurisdiction, in beefe, porke, pease or wheat, all good and mer- 
chantable, in proportion as followeth, 

from Newhaven, 27i : 00 : 00 Southhold are left out here be- 
from Millford, 16 : 00 : 00 cause being at a distanc it 
from Guilford, 11 : 00 : 00 was conceiued they could 
from Stamford, 09 : 00 : 00 ^^^ send so soone, but they 
from Brandford, 06: 00: 00 ^^ ^ P^^® ** afterwards. 

And that it be all paid in at Newhaven and ready to send 
away by the last of February next, and if any plantation faile 
of their pportion or any pt of it, they shall forfeite a fourth pt 
of their pportion that is so vnpaide, euery moneth that it so 
remaineth, and paye the principall beside. 

It is ordered that John Harriman shall haue five pounds 
alowed him out of the treasury for the forbearance of at least 
one himdered pounds aboute a yeares time, after the comis- 
sion's mett here last in anno 1651, and if Millford refuse to 
paye their share of it, because their deputies plead they were 
not behinde in their rates but rather beforehand, it is agreed 
it shall be made vp from y« other townes. 



DicnoN, NouEMBB 22^^, 1658. 

Theophilus Eaton, Esq', Oouemo'. 
M'. Stephen (Joodyear, Dept. Gtouemo'. 
Francis Newman, Magistrat for Newhaven. 
M'. William Fowler, Mag: for Milford. 
M'. William Leete, Mag: for Ouilford. 


Mr.Gibbwd, iNewhayen. 
Hen: Linaon, ) 

Benja:Fenn, | MUford. 
Robert Treat, ) 

William Chittenden, ) Q^ifo^d. 
Thom: Jordan, ) ' 

Richard Law, j gto^ford. 
Francis Bell, ) 

Jasper Crane, j ^^^^{^^^ 
Sam: Swame, ) 

The Gouemo' acquainted the court w*h a letter he had 
received w^^h was sent to Robert Basset, w^hout date or name 
subscribed, which is to stirr vp to stand for the State of Eng- 
land, as they pretend, and to stand for their libberties, that they 
may all haue their votes and shake of the yoake of gouermt 
they haue bine vnder in this jurisdiction; also w^h a letter 
from the towne of Stamford, makeing complaints of their rates 
and other greiuances as they pretend ; also another wrighting 
from Stamford, stirring vp to raise volunteeres to goe against 
the Duch, and that themselues will send forth tenn men well 
furnished for the warr; also a letter from M'". Ludlow, in- 
forming of a meeting they haue had at Fairfeild, at w^^h they 
haue concluded to goe against the Duch, and haue chosen him 
[34] for their cheife || and he hath accepted it; all w^h 
wrightings were read to the court, after w^h the court consid- 
ered whether they were called at this time to send forth men 

48 B&COBDS OF ¥HE [165S 

against the Duch, and after much debate and consultation had 
w% most of the elders in the jurisdiction, the issue was, w<^h 
the court by vote declared, that considering the hazards and 
dangers attending such a designe, especially now, it being so 
nere winter, and the want of suitable vessells and the like, 
they see not themselues called to vote for a present warr, but 
to suspend a full issue till Connecticote jurisdiction be ac- 
quainted w*h it and giue notice what they will doe ; but if they 
agree to cary it on now, then this court agrees to joyne w*h 
them and to meete againe to consider and order as the case 
may require. 

The Court considering the disorderly and mischevious way 
wherein Thomas Baxter doth and hath for some time gon on, 
in plimdering, spoyling and robing, to the great disturbance 
of the colonies, specially in takeing a vessell w«h belonged to 
Plymouth, to the great damage of sundrie psons w<^h were 
comeing to plant vnder the English, and not knowing of any 
lawfull comission he hath to do, these things, did order that a 
letter should be written to Connecticote to desire them to put 
forth their authority to take him if he come w^hin their juris- 
diction, and if he come w^hin any of these foure townes, viz<^, 
Newhaven, Millford, Guilford, or Brandford, that he bee seized, 
his comission examined, and as things appeare, further pceed- 
ing may bee; and if he come to Stamford that a letter bo 
written to them to doe as shall be thought fitt by the gouernc^, 
when he heares what Connecticote will doe in that also. 

The Court was informed by M'. Goodyeere and M, Newman, 
who went lately to Stamford to issue some difference betwixt 
the towne and Jn® Chapman, and to setle a right vnderstand- 
ing of things for the better quieting of their spirits, w^^h are in 
a mutinous way, and that when they came their the buisnes 
betwixt ye towne and Jn^ Chapman was not prepared, Jn^ 
Chapman refusing to haue it heard by two magistrats but will 
haue it issued in a full court, but being there they caused ye 
towne to be called together, and being mett they found them 
for ye most pt full of discontent w*h the present gouerment 
they are vnder, pleading that they might haue their free votes 
in ye choise of civill officers, makeing objections against their 


rates, and ppounded to haue their charges of watching and 
warding the summer past, w^h some worke made aboute their 
meeting house for their defence, borne by the jurisdiction, and 
that they might haue twelue men sent them at the jurisdiction 
chdrge to lye there all winter for their defence, w^h some other 
things, (Robert Basset and Jn^ Chapman being two of the 
cheife speakers,) and after much debate w^h them to quiet 
them, w<^h did litle prevaile w*h y™, an order from the cofhit- 
tee of Parliament in England sent to this colony was read to 
them, requiring them to submitt to the gouerment they are 
vnder, w^h did somewhat alaye their spirits for y® present, and 
they desired further time to consider of things and they would 
in some short time send theip minde to the gouerno>^ in 

[35] II The Court considered of these things & saw cause to 
order, that after their propositions are sent and y® gouemo' 
hath considered of them, if he see cause, a warrant shall be 
sent w<^h shall haue reflferrenco to y« order from England, and 
in submission to it requiring John Chapman and Robert Bas- 
set to appeare here at Newhaven at such time as the gouerno"" 
shall appointe, to answer such tilings as shall be laid to their 

It is ordered that till the election court in May next, every 
towne shall, so often as the generall court or court of magis 
trats haue occasion to meete, pvide for their owne magistrats 
and deputies at their owne charge, that so these publique 
jurisdiction charges may be lessened. 


50 RECORDS OF THB [1653 


At a Genbrall Court held at Nbwhaubn for the Juris- 
diction THE 8'** OF March, 1653. 


Theophilus Eaton, Esq', Gouerno'. 
M^ Stephen Goodyeer Dpt Gou. 
Francis Newman, \ 
M'. William Fowler, ? Magistrals. 
M^ William Leete, ) 

Mr. WiUm Gibbard, j ^^^^^^^^ 
HiBnry Lindon, ) 

Benjamin Fenn, ) jjiUford. 
Robert Treate, J 

Mr. Cbittendene, j Q^aford. 
M'. Jordan, ) 

Bichard Lawe, Stamford. 

f-^l^^: iBrandford. , 
Sam Swame, ) 

The Gouernor informed the court that the generall court 
for Connecticote, vnderstanding of sundrie miscariages that 
Thomas Baxster hath done in their jurisdiction, and in this 
also, haue sent downe theire marshaU w*h a comission to goe 
to Fairefeild and seize him, wherein they desire our concur- 
rance and the help of two men from Iience, else his order was 
to returne and pceede no further, wherevpon the magistrats 
of Newhauen mett together and considered the case, w<^h would 
admitt of no delay, thought it best to send two men from 
hence w'h him, who are this morning gon towards Fairfeild. 
The court by vote fully approued of what was done and judg 
it necessary that such a course should be taken for his appre- 
hension, and did now further order that if Thom Baxster 
should be fled from Fairfeild to Greenwich, (as it is like he 
may,) then Richard Law y« constable of Stamford, hath here- 
by lycence & authority to take men at Stamford, (if Baxsters 
strength be not to great for them,) & seize him & bring him 
to Newhaven. 


The Qouerno' declared to y« court that he had received a 
wrighting from M^ Wells, of Southhold, informing of siindrie 
high miscariages of John Youngs, and also a testimony of 
Gapt. Silvester and M. Booth, vpon oath, wherein they testifye 
that they heard John Youngs say that hee would pcuro 60 
men at Y ncaway and make a garrison at Southhold to defend 
him against the power of Newhaven ; vpon the reading of w*^h 
paprs the court judged it necessary that John Youngs should 
be called to accoimt for these things, but hear now by Richard 
Law that John Youngs is imprisoned at the Duch, and there- 
fore at present stopped from these disorderly pceedings ; they 
[36] ordered || that if any letter should bo sent from his father 
or others, soliciting this jurisdiction to vse some meanes for 
attayning his libertie, then a letter should be sent from hence 
to the Duch gouernor, desiring he may bee deliered to vs here 
at Newhauen, (at the charge of them that solicit for him,) to 
answer such miscariages as we haue to charge against him. 

M'. Herbert and M^ Moore, inhabitants of Southhold, being 
here, the court desird to speake w'h them, and being come 
before the court, they asked them concerning the affaires of 
Southhold, and pticularly aboutc some differences w^h they 
haue heard is among them, and whether their rates are paide, 
and whether themselues haue taken the oath of fidellitie. 
They answered for the oath of fidellitie, neither themselues 
nor many others in Southhold haue taken it, and they desire 
now to be forborne also, and if the court please to send ouer 
two magistrats to Southhold, (w^h they would cary and bring 
home at their charge,) to issue some differrences theire, they 
hope before they come away they should doe what the court 
desires, and for rates they know not, but what hath bmc de- 
manded is paide. 

It was ppounded to them whether it were not better that 
some of both pties amongst whom the differrences are, (who 
may haue power to act for y® rest,) should come heither to 
Newhaven at the court of magistrats the last Munday in May 
next, where they might haue better help for issuing of things 
then they can expect from any that can be sent ; they both 
approved of the motion and hope their townoN will attend it. 

52 RECORDS OF THB ^ [1658 

They ppounded who shall giue oath in case witnesses are to 
be examined & sworne ; the court considered of it & told them 
that they thought it would be satisfying to all pties if y« court 
desired M'. John Youngs, pastor, to wright the depositions of 
any, and then the deputies or either of them might giue oath, 
w«h motion they fully approued of, and the court did now 
order that a letter should be written to Southhold from this 
court, informing them of this agreemt, and desiring them to 
attend it, and also that the rates due to y« jurisdict may be 
speedily sent to the treasurer at Newhauen, or at y® furthest 
brought w*h them when they come to j^ court in May next. 

After Thomas Mck)re was departed he returned againe to y® 
court and declared his willingness to take the oath of fidellitie 
now, w<^h the court well accepted and administred the oath of 
fidellitie to him, and declared that if he be a member of Salem 
church, and haue letters of recomendation, and lyes vnder no 
offence to hinder, he may haue the freemans charge giuen 
him at Southhold and be admitted a freeman as others are. 

Leiutennant John Nash was propounded to the court and 
approued of by the court for the cheife millitary officer at 
Newhauen for y« p'^sent. 

And Leutennant Samuell Swaine was ppounded and ap- 
proved of for Brandford in y« same way. 

The Gouemo' informed the court that Capt. Vnderhill de- 
sires some advice concernmg a horse w<^h hee seized at South- 
hold, w^h was taken from the Duch by Thom Baxster, but the 
court declared y^ they would not medle w4i. 

It is ordered that a dinner be pvided at the ordinary for y« 
court and whom they shall invite vpon the election day, at the 
publique charge of the jurisdiction, but after, euery towne is 
to pvide for thcire owne magistrats and deputies. 

Thomas Baxster being seized at Pairfeild and brought to 
Newhave the 10* *> of March, was called before the court and 
told that hee stands charged w^h sundrie offensiue carriages, 
for w<^h y« court conceives he can haue no comission to beare 
him out, and first his cariag aboute seizeing M. Mayoes vcssell, 
w«h all the comission*'s haue witnessed against and written to 
Boad Island aboute it, for w^h cariag Road Island, as they are 

1668] JURiSDicmoN op new haven. 63 

[87] informed, hath declared || themselues offended w^h him, 
calling in his comission and haue made it voyde and null, and 
would haue proceeded against him but that he made an escape 
from them, beside many miscariages of a high nature at Fair^ 
feild, but they belonge to another jurisdiction, whether the 
court referred them; but for this jurisdiction he was told his 
miscariages at Stamford haue bine verey offensive, as that he 
will beate vp a drume there for volunters and flourish his 
cullers to gather company, and if any oppose him he threatens 
them, and pticularly the constable ; thus he tramples upon the 
authority sett vp there ; also his miscariage lately at Millford 
in carrying away M. Fowlers cannow, and when one of Millford 
told him it was the magistrats cannow, he slighted such words, 
and when they laid hands vpon it to stay it, he w^h a halfe 
pike strucke the man betwixt the head and shoulders, and one 
of his men drew his cutlash and struck at his hand but missed 
|t, and the rest stood w^h their peeces cocked & vowed they 
would shoote ; beside his cariage in entertaining and keepeing 
M'. Fowlers servant, and when he sent for him he would not 
deliuer him but said he had buisnes for him and when he had 
done w^h him he would send him home. 

Hee was asked what ho said to these thi{igs, and whether he 
had comission to act thus ; he said he thought hee had, but 
his comission being pvsed there was no such thing in it, but he 
is lymitted to y® Duch and enemies of the Comonwealth of 
England, and to behaue himselfe civilly to all the plantations 
in the English colonies. 

Hee said if he spake so at Stamford it is out of his knowledg, 
and for M*". Fowlers man he did send him home aftei-ward ; 
for the miscariage at Millford, they were so lately and testifyed 
by so many witnesses, as Ensigne Bryan, James Roggers his 
man, and others p''sent, and might be confirmed by others at 
Millford, that he could not deny them. The court hauing 
pceeded thus farr, for the p^sent dismissed him to be sent to 
Gonnecticote, to answer for what he hath done in their juris- 

Two of Thorn Baxsters men, namely William Ellitt and 
Abraham Frost, were also brought prisoners, the tryall of 

54 RECORDS OP THE [1658 

whom this court refferrs to Connecticote as most propr to 
them, onely the marshall of Connecticote desired that the tes- 
timony of one of Fairfeild here p^sent may be taken and sent 
to Connecticote, because it may be of some vse to them there, 
w'^h the court granted, & is as foUoweth, 

John Odell testifyeth vpon oath, that as Baxsters men went 
vp and downe the streets of Fairefeild w*h their swords drawne 
in their hands, he heard William Ellitt sweare w'h a great 
oath, (but knowes not the words,) that w*h them hands of his 
he would be avenged vpon the blood of some of them w<^h had 
taken his captainc, and he supposeth there were aboute a dozen 
of them w^\\ so runn w^h their swords drawne. 

Robert Basset was also brought alonge w*h them prisoner, 
and charged by the marshall of Connecticote, Leiutennant 
Cooke and goodman Lewis of Hartford, Edward Parker and 
Daniel Hopper, our two men, also joyning w*h them, that the 
said Robert Basset caried it in a sidoing way w'h Thomas 
Baxster, for when they had seized him at the ordinary house 
dore, quietly led him away w^hout disturbanc, Robert Basset 
came runing after them w'h his hand vpon his sword, being 
amazed, as himselfc saith, to heare Baxster was taken, and 
gaue them many high and offensive words and cariag, affront- 
ing them in their way, comanding Leiutent Cooke to put vp 
his sword, (though he saith he intrcated him,) w«h when they 
saw, they disarmed him, and the marshall comanded him to 
aide them, so he went to the house w^h them where they kept 
Baxster prison"^, and staid a while, but after went away w^hout 
leaue; further Connecticote men say that they conceive he 
miglit be some occasion of the disturbanc w<^h fell out after- 
ward, because while hee was w% them at tlie house they mett 
w*h none, and they thinke Baxsters men know not where they 
were, but quickly after he was gone they came and assaulted 
[88] y« watch [& fought w*h them, in which] || skirmish one 
of Baxsters men was kiUed and one of our men wounded, and 
after this hurt was done he came to the house agame, and de- 
sired to speake w'h the Capt., and being there began to reason 
the case w^h them aboute seizing of Baxster, and justifyed him 
in his way, pleaded for him and against those that tooke him, 
saying what had he done that they came to take him as a 

1658] JUMSDicrnoN op new haven. 66 

rogue, a theefe and a murtherer, w% swords and staues ; fur- 
ther goodman Lewis said that as Robert Basset and he came 
along together in the way heither, he desired him that things 
might not be prosecuted too heavily against him ; goodman 
Lewis told him he should attend truth, but he had heard that 
he had bine active in drawing company together against the 
comonwealth where he lines, and that he will be a reformer, 
not onely of comonwealthes, but of churches also; Robert 
Bassett said hee knew the ground of such reports, vr^li was a 
letter hee received w^hout any name subscribed, speaking to 
that purpose, and said hee, indeed this is the thing that 
troubles mee, that wee haue not our vote in our jurisdiction 
as others haue, and instanced Gonnecticote jurisdiction. 
This discourse, both in the house w^h them & in the way w*h 
goodman Lewis, Robert Basset owned, but would haue excused 
himselfe, saying it was drawne forth of him, but was told it 
was w^hin before, else it could not have bine drawne out. 

Robert Basset was told, beside these miscariages before 
spoken of, tlie court hath heard, and some of them haue seene, 
(as M'. (Joodyeare and M*". Newman,) at Stamford, his bold- 
ness and forwardness iu expressing himselfe against the 
gouermt of the jurisdiction, and how actiue ho hath bine to 
raise and cary on an insurrection in both these colonies, as 
appeares by the wrighting w*^h he and John Chapman was 
bringing along the coast to raise volunteeres to goe against the 
Duch as was pretended, himselfe ingaging therein w^hout any 
approbation from authority here, so that he hath bine a ring- 
leader in these wayes of disturbance and vnderminiug the 
gouermt of the jurisdiction, and this hath bine contrary to his 
oath of fidcUitie taken to this jurisdiction, and contrary to a 
knowne express law published, and after he hath heard the 
letter from the comittee of Parliam^ vnder their hands and 
scale, requiring his submission to the gouerment here estab- 

Robert Basset said that in his heart and mtentions hee hath 
not broken this law or his oath, but in some appearance hee 
may haue broken them, he was told this, an answer once for 
all in such cases, that the court judges not by mens hearts and 

56 RECORDS OF THE [1653 

intentions, that is a worke propr to the all seeing God, but the 
court judges by words and actions, both w<^h haue evedently 
declared that, contrary to his oath and the law of the jurisdic- 
tion, he hath received a seditious letter to distui*be the peace 
of the jurisdiction, to vndermine and by fore to ouerthrowe 
and alter the verey foundations thereof, and indeed to turne 
things vpsidowne in church and comon^ealth. This letter he 
conceales, though receiued as himsclfe saith here at Newha- 
ven, neuer acquaints any magistrate w^h it, nor after at Stam- 
ford acquaints not the constable or any deputy, till the con- 
stable hearing of it in the towne goes to inquire, and then he 
showes it him but in his owne hand ; this letter hee spreads 
[39] abroade to kindle a fire and stirr vp the spirits || of 
others to the same rebellion, acting himsclfe both in publique 
and private in a constant way for a good space of time to ouer- 
throwe the foundations of gouerment here established, 

Robert Basset was told this is the substance of the charge 
against him, and if he will confess it he may ; if not, then the 
court must pduce proofe thereof; then Robert Basset said, 
hee sees that in his cariage he hath acted so as the charge 
holds forth, w^h hee did not see before, and hee hopes hee hath 
cause to bless God that hath brought him heither at this time, 
for hee sees his course hath bine sinfuU and not according to 
the light that God hath giuen him. 

After this he was asked who hath bine of this confederacy 
w^h him as cheife actors in the buisnes, and what meetings he 
had w4i John Youngs at Stamford ; hee said John Youngs 
was at his house, and one Capt. Eason, and they were con- 
triving to raise forces to goe against the Duch, and some 
wrightings were drawne vp concerning the shares of seuerall 
officers, w<^h wrightings are at his house to bee scene, and for 
any at Stamford he named John Cliapman, Jeremiah Jagger, 
old Newman and William Newman, w«h are vnsatisfyed w*h 
the gouerment of the jurisdiction because they haue not their 

Robert Basset was told that these men must bo sent for and 
the wrightings at his house, and the court will meete againe 
to consider of these thingSi and in the meane time hee must 


remaine a prisor here at Newhaven, but he can giue securitie 
to the yalew of fifty pound for his appearance at the court 
one Wedensday come seven night, the court will show him 
that fauour that he shall be a prisoner in the marshalls 

It is ordered that a warrant be sent in the name of this 
court to warn John Chapman, Jeremiah Jagger and William 
Newman, inhabitants of Stamford, to appcare here at New- 
haven before the generall court, who appoints to meete againe 
on Wedensday come seven night, at one a clock in y« after- 
noone, to answer such miscariages as shall be laid to their 

It is ordered tliat a serious view be made in euery planta- 
tion in this jurisdiction, to see who hauo taken the oath of 
fidellitie & who have not, and that all male psons from sixteene 
yeares old and vpward, w<=h haue not allready taken it, wheth- 
er chilldren, servants or sojourners, as well as planters, doe 
take the said oath, and that at the generall court in May next, 
a cirtifycate be brought from each plantation and p^'sented 
that they haue so taken it, or if any refuse, their names are to 
be returned, but if the authority of y« place finde any vnfitt- 
ness in any pson by their ignoranc not vndcrstanding the na- 
ture of such an ordinance, they may dispense wUi them a con- 
venient time for the bettor informing themselues, that y« name 
of Grod may not bo taken in vaine. 


58 BECOBD& OF THE [1653 

[40] At a Qenerall Court held at Newhauen fob the 
Jurisdiction^ the 22^i> of March, 1653. 



Theophilus Eaton, Esq', Gouerno'. 
M^ Stephen Goodyear, Dept Goue^^ 
Francis Newman, for Newhaven. 
M*". William Leete, for Guilford. 


Mr. William Gibbard, j ^^^^^^^^ 
Henry Lmdon, ) 

Benjanun Feun, j ^^^^^^ 
Robert Treate, ) 
M'. Chittendine, j Q^y^^^^ 
M'. Jordan, ) 
Richard Law, j gt^f^^ 
Francis Bell, ) 

M'. Cruine, j grandford. 

Samuell Swame, ) 

Robert Basset was called before the court, and being re- 
membred of what was the last court charged vpon him and 
confessed by him, he was asked where those wrightings are 
w*^h he informed the court of; he said he thought goodmau 
Law had had order to bring them ; he was told so he had, and 
did looke in his house, but the wrightings were conveyed away. 
Hee was asked what that letter was that he receiued since 
w^hout a name ; he said it was a letter from Abraham Kim- 
berly, w<^h he sent to him aboute aboute some buisnes concern- 
ing Adam Motts saying Baxster was a rogue, and M' Ludlow 
was his brother. He was asked what conferrenc hee hath had 
here at Newhaven to raise disturbance ; he said hee was once 
at the ordinary where some of the towne were, and they were 
speaking aboute the designe against the Duch not goeing on, 
and hee hearing Scarbrough was coming from Vergenia w4i 
a comission against the Duch said, what if a company should 
com from the west, and call them to account, but was told that 


those which heard him, speake otherwise, as Richard Beckly, 
William Meaker and Edward Pattyson, who testify that Rob- 
ert Basset said, what if a company, or army, should rise from 
the west and call the authority, or colonies, in these pts to ac- 
count, what would they doe then, and the two latter say that 
hee asked if they would joyne w*h them, w<^h showes that hee 
spake it to corrupt them, nor can the court beleeve that he 
spake in referrence to Scarbrough then, but of a Malignant 
pty w«h hee hoped would rise, to ouertlirow churches and 
comonwealthes, as the first letter hee received w^hout a name 

Beside all this, Serjant Bell, one of the deputies for Stamford, 
informed the court that though Robert Basset hath bine a 
great disturber of their peace in Stamford, at sundrie times 
in severall meetings, yet vpon the 7*^ of March last, the day 
that the deputies were to come to the last court, there being 
a towne meeting called at Stamford, he caried it worss then 
euer before, (though hee seemed before convinced of his mis- 
cariages and hoped he should neuer so offend againe,) for 
when the towne was come together, Robert Basset stood vp 
and asked what the meeting was for, Richard Law, the constar 
ble, answered, there was a generall court to be at Newhauen, 
and deputies were sent for to goe theither ; Robert Basset re- 
plyed, they would obey no authority but that w<^h was from 
the State of England; the constable answered, Miis authority 
is the authority of England; that he denyed and said, then let 
vs haue Englands lawes, for England doe not prohibbitt vs 
from our votes and liberties, and here wee are, and wee are 
cut of from all appealcs to England, and wee can [have] 
no justice here; further he said they were made asses of, 
[41] II and their backes are allmost broke, and it is time 
for them to looke to themselues and to throw their burden of, 
for they shall be made very fooles ; and he spake against the 
justice of the authority of this jurisdiction ; a replye being 
by some in defence thereof, hee said, is tliat authority just, 
that makes what lawes they please, executes them as they 
please, calls for rates when they please, and neuer so much as 
giue them a reason. Francis Bell told him that this should 

60 BEOOBDS OF THE [1653 

be declared at the court, hee answered yes, it was his mind 
it should be so, and therefore, saith hee, I will say it againe, is 
that authority just that makes what lawes they please, executes 
them as they please, calls for rates when they please, and 
neuer so much as giue them a reason. Hee also said that 
they were not so much as neighbours, but bond-men & slaues, 
but that being witnessed against, hee justifyed what hee had 
said, saying they must be bond-men or free-men, for their was 
no medium. To these passages both the deputies of Stamford 
witness to the substance of them, and William Newman to 
some of them, but the whole charge was in court owned & 
confessed by himselfe, except that passage (that they could 
haue no justice here.) Robert Basset was asked if he knew 
what libertie men had in England in poynt of vote, he said no ; 
hee was informed that many thousands in England, of great 
estates, and good repute in other respects, haue no vote in 
such elections, and was told that as his course and cariage 
hath bine full of pride & insolency, himselfe a leader to dis- 
turbe the peace both of churches and commonwealth, nay to 
ouerthrowe all fovmdations laid here for gouerment, w<^h by 
oath he stands bound to maintayne and vphold, so he hath dis- 
couered a false, rotten spiritt (as was lately obserued by some 
of Connecticote in their converse w^h him, and he told of it 
in open court.) Somtimes hee seemes to stand and pleade for 
the Parliam^ & Comonwealth of England, as if faithfnll to 
that cause, and at other times shewes himselfe a Royalist. 
The last yeare, when a marriner, one Thomas Adams, (as hee 
called himselfe,) though in apparell and cariage hee acted a 
part as if hee had bine the king of Scotts, or some greate 
prince, (though not willing to be knowne,) and by some was 
called King Tom,) and ynder such a fancy or conceipt came to 
Stamford, Robert Basset intertained him at his house, became 
his cheife associate while he was there, gaue him gunns at 
parting, and being examined concerning him, affirmed he had 
ground to satisfy himselfe that he is the Eang, &c., but was not 
willing (as he said) to speake anything to his prejudice. 

But beside all these things, there are sundrie passages in y« 
wrightings not yet come to hand, w^h so farr as the court haue 

1658] JtTBiSDicnoN op hew haven. 61 

information allread; they see to be verey offensive and deserve 
consideration, and therefore seeing they baae bine conveyed 
oat of his house to Richard Webbs, as bis wife bath confessed 
to the court, and that after she beard the constable was to 
search for tliem, the court cannot issue his matters at this time, 
and the marshall was ordered to put him in prison, and irons 
vpon him for his better securitie; but vpon his desire, consid- 
ering the coldness of the season, and the prison house where 
is no fire, that they might avoyde crueltie, the coiirt left it to 
J" gouemo', magistrals and deputies of y' generall court at 
Nevhaven, to order his imprisomn*, whether in y" prison or in 
y< jnarshalls house, as they should see cause in refferrence to 
his health. 

John Chapman, Jeremiah Jagger and William Newman, 
inhabitants of Stamford, were called and appeared; first they 
were asked if they had taken the oath of fidellitie to this juris- 
diction, they all answered yea; then Jeremiah Jagger and 
[42] William || \ewman were w'hdrawne, and John Chap- 
man pceeded w'h and charged, that contrary to his oath and 
the lawes of the juriEdiction, (w<=h haue bine published,) he 
hath acted in a way of disturbance, rndermining the founda- 
tions of gouerm' laid in y* jurisdictio, in that he hath bine an 
instrumt and the mouth of diners discontented spirits in Stam- 
ford to plead for alterations in votes, w*=h being granted would 
ouerthrowe the irame of gouerm' fundamentally w<=h his oath 
hinds him to vphold & preserue, w'^h in him is worss then in 
another, because hee is a freeman and Gometime hath bine a 
depntie in y' geuerall court, beside lie hath bine iustnimentall 
and active in carying a wrighting from Stamford to raise an 
army w'bout approbation, or so much as the knowledg, of the 
authority of the jurisdiction, and that after (as himselfe con- 
fesses) the authority setled for the jurisdiction at Stamford 
had publiquely witnessed against it, yet he goes w'h Robert 
Basset to Norwalke, there seekes to stirr them vp to y" same 
way and, as himselfe saith, prevayled, and so was to pceed to 
Fairfeild, and in all the townes till they came at Kowhaven, 
had they not by the pvidence of (Jod bine mett betwixt Nor- 
walke and Fairefeild by M^ Goodyeare and M'. Newman, two 

62 REC0ED8 OF THE [1663 

magistrats of this jurisdiction then gooing to Stamford to 
seeke a setlement of things there, and by them was caused to 
retume. Hee was told this a seditious cariage and a way of 
insurrection, directly contrary to the express words of a 
knowne law, and this he did to disturbe the peace, not onely 
in this jurisdiction, but of Gonnecticot jurisdiction also, so that 
had it not bine stopped, who knowes how farr and to what 
mischeife it might haue pceeded ; and though they pretended 
it was against the Duch, yet it was rebellion in them to act in 
such a way w^hout and against authority, and it is eyident 
that the letter Robert Basset receiued, who was a principall 
instrument in this buisnes, and according to w<^h hee acted in 
other things, was to ouerthrowe churches and civill gouer. 
ment; specially in this colony. John Chapman was wished to 
speake for himselfe if he had any thing to object ; he said he 
did intend no hurt against tke jurisdiction, but he hath noth- 
ing to say to justify himselfe, but condemnes himselfe exceed- 
ingly in the thing, for he hath done very foollishly and hopes 
it shall be a warning to him for time to come, for though it is 
true he was imployed by the towne in that service, yet he now 
sees hee should not haue accepted such imployment, but wit- 
nessed agst it, being contrary to hte oath and y« lawes of the 

Jeremiah Jagger was againe called before the court, and 
told his way hath bine a way of disturbance in Stamford w<^h 
hath had influence into the whole jurisdiction, yea he hath 
acted so as to ouerthrow the very foundations of gouerm* here 
laid, pleading for liberties in votes, that all may chuse officers 
for publique trust, and chuse whom they please ; and because 
it is not granted, he growes surly and discontented, w^h (as at 
other times according to information giuen by y® deputies of 
Stamford,) hee did manifest when M^ Qoodyeare and M**. 
Newman were lately at Stamford, saying publiquely in the 
towne meeting, in discontent and w% a surly spirit, that the 
court sent to the towne for deputies, but they were the churches 
deputies, and who must chuse them, the free-men ; then saith 
hee, wee are bond-men, and so will our chilldren bee, therefore 
it is time for vs to looke to it; and to M^ Ooodyeare, (w<*h 

1658] JUBisDicnoN op new haven. 63 

[48] John II Benham also heard and now testifyes) he spake 
contemptuosly of the comission's, saying they salt long, but 
what did they, he could liaue three or foure plow-men should 
doe as much in three or foure dayes ; and when the magistrats 
were informed by some that the generality of Stamford did 
desire they might haue libertie in vots, but they would be 
confined to chuse w^hin the church, but if that would not bee 
granted they should rest satisfyed in y* course setled, Jeremiah 
Jagger replyed it was not so, but they stood for their full lib- 
ertie, and spake against tliose that so informed; beside all this, 
at another meeting when rates haue bine demanded for j^ 
jurisdictio, he hath showed himselfe discontented and said, let 
them take it, but it shall be a packing penny ; and when Rob- 
ert Basset saide in a towne-meeting, what doe here, wee are 
not so much as neighbors, but bond-meu, & slaues, w^h being 
witnessed i^ainst by some, Jagger joynes wUi him and saith, 
what are wee else. To tliese things both the deputies testify, 
and Francis Bell saith he said at another time, they were no 
better then Indians, for what libertie had they more then they ; 
and at another time told Francis Bell (when hee was consta- 
ble) that hee was a silly fellow to bee set in authority; and 
when the deputies haue bine sent for to the court, he hath 
spoken contemptuosly of them, saying let them goe, and oate 
and drinke, and say as they say, w^h last passage Francis Bell 
saith was true, but he acknowledged his fault privately to 
hime, but now the court heard of it by other meaues and 
declared that publique satisfaction should haue bine giuen 
for it. 

These things being declared, wMi the seuerall proofes of 
them, Jeremiah Jagger was told that this is his charge, that 
contrary to his oath and the knowne lawes publishd in y« 
jurisdiction, he hath gon on from time to time disturbing the 
peace of this jurisdiction, and yndermiiiing the gouerm^ here 
established, pleading for such wayes of voteiiig as will ouer- 
throw the foundations laid, and if he may not haue it, then 
they are bond-men and so will their chilldren bee, and they 
must looke to it in time ; likewise when just rates haue bine 
demanded for the jurisdictio, he is discontendi saying let 

64 BECOBDS OF THE [1653 

them haue it, it shall be a packing penny ; aud when Basset 
saith they are bond-naen & slaues, hee sides w'h him and saith 
That are wee else, nay they were no better then Indians, aud 
had no more libbcrtie ; hee hath spoken against the deputies, 
and against j" constable, reproaching him as a silly fellow, 
beside the contemptuouse words sicken against the coifiis- 
sion's, a cariage not to be suffered in any member of this 
jurisdiction. This charge being read, hee was asked if hee 
intended to rcmoue out of Stamford, he said no ; he was asked 
vhat he mentr by saying it should be a packing penny, be said 
he could not tell ; ho was told then the court kiiowes what 
construction to make of it, but he was wished to speake if he 
had ought to object against what hath bine charged ; at lirst 
he made sundrie evasions, but afterward did fully confess the 
chai^ was true, and that his sjwoch concerning the coinis- 
sion's was an vnreverent sinufull speech, and that lie had 
caned it ill in all the otlier respects, and is sorcy for it, and 
sees now more in these tilings then euer hee did before, and 
were tliey to doe againe hee should not doe them, and hopes 
it will be a warning to him hereafter. 

William Newman was called, and told that he is accused by 
Robert Basset (amongo others) for being one of the disturbers 
of y" peace of Stamfoi-d, in pleading for such libcrtie in votes 
[44] as would || ouerthrow the foundations of gouerment 
here laid, w«h by his oath hee sliould haue vphold and maiu- 
tayned ; he denycd not that hoe had pleaded for such libertie 
in Toteing, but he had bine but as others of tlic towne haue 
bine, but was told he hath bine more forward then others, and 
likewise his father should haue bine sent for, whose hand is to 
a letter w^h is very oflfensiue to the court, but in resjrect of 
his age they forbore his father and sent for him; lie confessed 
his fault, and said he is sorey bee hatli ^uen the court this 
occasion to send for him, and hopes it shall be a warning to 
him, and said his father wished him to informe the court that 
bee is sorey for what hee hath do&e, and hopes hee shall act 
no more so. 

The court hauing pceeded thus forr w'h these seuerall 
ofi^dors, all pties being present, they pceeded to sentence. 

1668] juRisDionoN op nbw haven. 66 

and John Chapman and Jeremiah Jagger were told their mis- 
cariages are of a high nature, and such as \^j law (w«h was 
read to them) they may see brings them in question for their 
life, but because they will seeke to wine them by lennity, they 
shall this time deale fauourably w^h them. 

And concerning Jeremiah Jagger, the court orders that he 
paye as a fine to the jurisdiction twenty pounds, and that bee 
binde himselfe in one hundered pound bond, to attend his 
oath of fidellitie hereafter and maintayn the foundations laid 
for gouerm* here and the lawes of y« jurisdiction, to the 
vtmost of his abillitie, avoyding all wayes of disturbance in 
this kinde w^h hee hath formerly gone on in. 

For John Chapman, the court ordered that he paye as a fine 
to the jurisdiction ten poxmd, and that hee enter bond to y^ 
yallew of fifty pound, to attend his oatli of fidellitie hereafter 
and maintayne the foundations laid for gouerment here and 
the lawes of the jurisdiction, to the vtmost of his abillitie, 
avoyding all wayes of disturbance in this kinde w^h he hath 
formerly gone on in. 

For William Newman, there is not so much charged against 
him, therefore the court passeth it w^hout a fine at this time, 
but he is to enter bond to the valew of twenty pound, to attend 
his oath of fidellitie hereafter and maintayn the foundations 
laide for gouerment here and the lawes of the jurisdiction, to 
the vtmost of his abillitie, avoyding all wayes of disturbance 
in this kinde w«h he hath formerly gon on in. 

Into w<^h ingagment they all entered into one wrighting for 
their severall somes, before the court, w^h is as foUoweth, 

Whereas Jeremiah Jagger, John Chapman and William 
Newman, inhabitants of Stamford, haue bine questioned in 
court and sundrie miscariages proved against them, as the 
records of those pceedings will show, now these are to declare 
& certify, that wee, Jeremiah Jagger, John Chapman and Wil- 
liam Newman, doe severally binde ourselues in the somes fol- 
lowing; that is, Jeremiah Jagger in y« some of one hundered 
pound sterling, John Chapman in fifty pound sterling, and 
William Newman in twenty pound sterling, that wee will 
hereafter attend our oath of fidellitie and maintayne the foun- 
dations laid for gouerment here and the lawes of the jurisdic- 
tion, to the vtmost of our abillitie, avoyding all wayes of dis- 


66 RECOBDS OF THE [1668 

turbance in that kinde T<=h wee have fonu'ly gon on in. In 
witaes whereof wee haue berevnto set our hands before the 

Snerall court for y" jurisdiction, at Newhaven this 24"' 
arch, 16H- 

^ Francis Newman, Secret. 

Wherevnto they all subscribed. 
[45] II The Gouemor read to the court sundrie propositions 
made by Docter Chayes, a French physitian, to w'h the court 
retumd answer that they will allow no sallary, for the other 
tliey object not, but if hee please to goe on in his practise they 
shall be willing to imploy him as they see cause. 

M'. Goodyear read to the court a letter from M^. Youngs, 
of Southhold, wherein lie informes that himselfe and y" towne 
desire the gouemo' to vse some mcanes for his sonns release, 
and that two magistrats may be sent to Southhold. The 
gouemo' told y* court that vpon this letter the magistrats 
here at Newhaven mett, sent for M'. Herbert and M^. Moore, 
then in towne, aud told them that if they would be bound in 
one hundered pounds, that John Youngs should appeare here 
at Newhaven at the court of magistrats in the latter end of 
May next, to answer what should bee laid agst him, the 
gouernor would vse the best means bee could by wrighting to 
pcure the release of him & his wampom, but they refused till 
they had spoken w>h his father, whereof the gouerno^ by a 
letter, dated the IH**^ of March, 1653, now read, did informe 
M'. Youn^, paste' of y* church at Southhold. The court 
vpon such ingagment for his appearance, approved y^ meanes 
propounded or offered for his inlargment, and that being done, 
left it to the gouemo' to wright as he sees cause. 

And for sending two magistrats to Southhold, if notw'h- 
standing what the court hath sent to them they still continew 
their desire, and according to their owne proffer send for them 
at their owne charge, the court now desires and appoints M'. 
Leete & M' Newman to goe. 

The deputies of MiUford were dedred to speake to M^ 
Frudden from y" court, to desire him to preach here at New- 
haven vpon y election day next. 

A case ppoonded by Leiutennant Seely, conceming one of 
y* mares vh Bazster tooke from the Ducb, vh he bath 


bought of one of Southhold, whether he may not haiie libertie 
to sell it againe to 7« Duch; the court declared that thejr 
approve not of his buying any of those horses, neuer yet in 
any legall way proued to be lawfull prize, and as they haue 
hetherto had no hand in medling w^h them, so they resolue 
to keepe themselues free. 

The Court advised the deputies of Stamford if they see that, 
notw^hstanding the courts pceeding w^h these men, some 
others in their towne goe on to giue offence in y® same kinde, 
they are to binde them to answer it at the next court of magis- 
trats, in y« latter end of May, and pticularly Tuckee, Theale, 
Webb and Pinch, who hath caried it ill as the court is in- 

It is ordered that no pson in this jurisdiction shall imploye 
any Indian or Indians to looke after any horses, hoggs, or other 
cattell, in y« woods, vnless some Englishman be appointed or 
approved by the authoritie of y® place to goe along w*h them, 
vnder y« penalty of fine pound for euery time they shall 
breake this order. And if any Indian be found or proued 
driuing any horses, hoggs, or other cattell, w^hout y« like 
order, it shall be looked vpon in them as theft, & they pceeded 
w*h accordingly. • 

For Thomas Baxster, the court ordered nothing concerning 
him now, but waite to see what Connecticote will doe w^h him, 
onely now Francis Bell testifyes that hce Thomas Baxster say, 
that hee hoped to see some of the comission''s hanged, or their 
heads of before longe, but being then questioned aboute it he 
said, he ment them w^h were against the warr w*h the Duch. 


08 BBOOBOS or TUt [ItfM 

[46] At a G-bkeball Consr held at Newhadbn roB thb 

JtraiBDiOTiON, THE- 26"' OP Ajitn.L, 1654. 



Theophilus Eatou, Esqs Gouerno'. 

M'. Stephen Goodyear, Dept. Gou'. 

Francis Newman, v 

Mf. William Fowler, ( Magistraii. 

M'. 'William Leete, ) 


Henry Lindon, ) 

Benjamin FeEii,lj(.jjj.^^ 

Robert Treatte, I 

LeiTtennant Chittenden, r< -tt j 

M'. Jordan, 

Richard Law, Stamford. 

M'. Crane, 

Leivtennant Swune, Brandford. 
Vpon information from Millford that Capt. John Manning, 
(oonceruing whose course of tradeing w'h the Duch at the 
MiuinadoeB this last winter, and so furnishing the enimies of 
the Gomonwealth of Bngland w'h provissions, sundrie reports 
and complaints haue bino made in these parts,) was to come 
theither w*h his vessell, the gouerno' advised that Oapt. Man- 
ning should be there questioned concerning the saide offensive 
trade, and vpon acknowledgment or proofe thereof, tifftt he 
giue bond, w*hui a convenient lymitted season, to answer his 
miscariagc in England, and that vpon his rcfusall, the vessell 
be staide till further order; and accordingly he was examined 
at Millford, Aprill IS"", 1654, but did peremtorily deny that 
he had driven any trade at all w>h the Duch ; and being asked 
how oft he had bine at the Munnadoes and at Vergenia since 
he was at Millford in Xouember last, he affirmed he had bine 
at the Munnadoes but twice, and had bine but once at Verge- 
nia, and that he broi^;ht nothing thence to y Munnadoes but 

MM] JDBmDKtiioii OP mw baten. 69 

Btotuf or ballast. This not satiBfyiog at MUford, he came, or 
waa brought, before Qte gouernor at NeThaveo, where, vpon - 
examination, he maintajned tiie tro former vntruthes. The 
gouernor told him proofe in both cases irould be made to the 
contrary ; he answered he knew not that he had bine at Yer- 
genia any more then once ; it was replyed that such voyages 
are not so easily made, nor can be bo sooue forgotten, hia 
Tntruthes were willftill and his cariago offensiTe. 

After «<h M^ Ludlow came, and infonned j' gouernor how 
inconvenient, and what a damage it would prove to him, if the 
veesell were staide Vh be bad hired to transport him &. hia 
&mily to Yergenia, and desired the gouernor would giue it 
him vnder his hand vpon what ground ho made staye of the 
vessell, w^^h being presently done, M'. Ludlow laide claime to 
y> vessell as his, but being minded of what he had said, both 
at Fairefeild and here, concerning his hiring her ofCapt. Man- 
ning, and that men need not hire what is their owne, it was at 
length agreed, and M^. Ludlow consented, to ingagc for Capt'. 
Manning, and to leaue one hundered pound of his estate in 
Ensigne Bryans hand for securitie, that Capt. Manning, be- 
twixt this and the SO'i" of October next, present himselfe and 
this case in the truth of it to the authority in England, and 
submitt to and abide their censure therein, and vpon notice 
from thence that they are satisfycd, the securitie should bee 
[47] II released, and in the meane time Capt. Manning and 
his vessell might attend M'. Ludlow his occasions in all wayes 
slowed by the State of England, &c. ; and of this also M'. 
Ludlow desired and had a copie. But before M'. Ludlow and 
Capt. Manning went hence, information came from MUlford 
that the vessell (expressly contrary to order giuen) was by 
Capt. Manniugs men, w*h a high hand and threatening speech- 
es, caryed away, and was pursued by a shallopp well manned 
and armed, sent from Millford. M'. Ludlow and Capt. Man- 
ning were againe sent fur, and acquauitcd w'h this a£&ont. 
M'. Ludlow was asked whether bee would notw^hstanding 
c(Hitioewe the forementioned securitie ; at first he demurred 
and objected ; being told that if he refused, Capt. Mailing 
moat be staide here to answer his said trade, he consented aod 

70 BECOBDS OF THE [1664 

pmised to make good his saide ingagement at Millford, and 
Gapt. Manning wondered and seemed troubled that his men 
should cary the vessell out of Millford harbour, and profest 
he knew notliing of it, though it were after proued vpon oath 
that he gaue his men order to goe out of y* harbour into the 
roade. But when M"". Ludlow came w% Capt. Manning to 
Milford, he refused to put in the said securitie, because the 
Tessell was gone, wherevpon Capt. Manning was sent backe to 
Newhaven and a generall court summoned to meete there the 
26*^ of Aprill. In y® meane time Capt. Manings men, in their 
way toward the Duch, perceiveing they could not escape in his 
vessell from the shallopp, w<^h being manned w*h thirteene 
men made great speede, & would be much too strong for them, 
(though wee heare they had ten gunns,) they left the vessell 
adrift, and in y« skiff fled away, takeing w*h them, as is con- 
ceived, onely Capt. Mannings tnmke, w^h his bookes, wright- 
ings, &c. When she was wUi much charge and hazard 
recouered and brought backe to Millford, then M'. Ludlow 
jEigaine tendered the former securitie, but he haueing refused it 
before, the case thus altered was brought to a tryall here. 
Captaine Mamiing being called before the court was told, that 
by vertue of an order received from the councill of State for 
y« common wealth of England, dated July 29'^, 1652, he hath 
bine formerly examined concerning his late course of tradeing 
w^h and supplying the Duch with provissions, who haue de- 
clared themselues enemies to that comonwealth, but heitherto 
he hath drawne guilt vpon himselfe by continewed, willfuU 
vntruthes, or lyes; this court doth therefore againe require 
an account how oft he hath bine at the Manhatoes this winter, 
and how often at Vergenia, and what he hath brought either 
from Boston or from Vergenia & traded w*h the Duch. 
Wherevpon he now acknowledged that he had bine three 
times at the Munnadoes, and twice at Vergenia this last whi- 
ter; the first time at the Munnadoes was aboute Nouember 
last, and then he caned aboute tenn tunn of goodes for one 
M'. Foster, viz^, wine, salt and bread; y« pticulars he men- 
tioned, was aboute sixty bushells of salt, forty hundered weight 
of bread, and aboute eleuen quarter caske of wine, some of 



w«h goods were disposed of at the Munnadoes, and he suppo- 
seth the rest at Yergenia. The salt, he saith, was much of it 
lost by reason of foule weather, and two thousand pound of 
bread, w^h he saith was not fitt for hoggs, and was cast ouer- 
board at the Munnadoes. Beside this he saith he had eight 
tun more of such goods aboard, w^h some suger, ypon his 
owne aecoxmt. Being asked what he sould of them at the 
Munnadoes, he said he could not tell, because his men had 
caried away his bookes, but he went not w^h an intent to sell 
anything there, and said he could bring cirtifycate that he 
caryed fourteene tunn of goods to Yergenia. Being asked 
what he tooke in at the Mac^atoes, he saide, not halfe a tunn ; 
he was asked how much beavor; he said he saw no beavor 
brought on board, but confesseth he sould two or three hun- 
dred weight of suger there ; he was asked what he brought to 
the Munnadoes from Yergenia in his two voyages from thence ; 
he said, each time thirty fine hogsheads of tobaco, but not on 
of them his owne, (w^h was not beleeved ;) being asked whose 
it was, he said part belonged to on Duncome in Yirgenia, 
part to one Whorree, and pt to a Duch-man. He was asked 
[48] II how this agrees w*h his profession of loyalty & service 
to the comonwealth of England, thus to succour their enemies, 
be their factor or agent, transport tobacoes for them and others 
to the Duch jurisdiction, to defraude y« commonwealth of Eng- 
land of their customs ; he said he did not defraude them, the 
gouemour received the customs in Yergenia; he was told it 
was not so, the gouernor may take what is due in Yergenia, 
but not the custom due in England ; this tobaco must have 
paide custom in England if carryed thether, and would haue 
bine seized if knowne to be Duch-mens goods, w<^h he could 
not denye. 

After these examinations and confessions, Capt. Manning 
desired to speake privately w*h the court, and did profess he 
did all this as a service to the comonwealth of England ; being 
asked how, he said to make discovery at and of the Munna- 
does, that he might take advantage to surprise it, and intimar 
ted that some in Yergenia knew the plott & that it was laide 
in England, w<^h was neither beleeved by the court, nor could 

72 REGOBDS OP THE [1654 

he deere or prove it ; but being asked what cofhission he had 
BO to doe, who gaue him a dispensation to breake the lawes or 
orders of England in tradeing w^h and releiuing their enemies 
▼nder such a pretence, or whether he had advised w^h any 
authority in New England aboute it, he could answer nothing. 

The Court considering Gapt. Mannings confessions, and 
findeing them farr short of what hath bine constantly reported 
of his trade of salt, a skepple (w<*li is aboute three peckes) for 
a beavor skin, and biskitt at a high price, w^h other comodities, 
first minded him of his vntruthes, or rather made lyes, boldly 
peisted in; but he requiring proofe, M^ William Fowler, 
magistrate, Benjamin Fenn and Robert Treatt, deputies for 
this generall court, and Jn^' Baldwin, marshall, all of Milford, 
did vpon oath aflBrme before him in court, that in their hear^ 
ing at Milford he did absolutely deny that he ,had bine any 
more then once at Yirgenia and twice at the Mimnadoes, since 
he was at Milford in Nouember last, and did further denye 
that he brought any cargo or ladeing at all from Yirgenia but 
stones to y* Munnadoes, and that he had not traded at all w^h 
y« Duch, but had turned all his cargo for England, and he 
aflSrmed the same vpon his examination before authority here, 
yet a littell before he came to Millford he tould Ensigne Bryan 
at M'. Ludlowes house in Fairfeild, (as Ensigne Bryan vnder 
his hand testifieth,) that he had bine twice at Vergenia since 
he went by Millford, & the same he now fiilly acknowledgeth 
in court. 

And concerning his mens carying his vessell out of Milford 
harbour in contempt of authority, he professed before y« 
gouemor he knew nothing of it, as before, yet M'. Samuell 
Mayo, vpon oath taken before M' . Fowler at Millford, the 20**» 
of Aprill, 1664, testifyeth, that Capt. Manning gaue order to 
his company, that if he did not come that night they should 
cary out the vessell into y« roade and staye till he came. 

Thomas Burrett, a seaman w*h Capt. Manning, vpon oath 
taken before M'. Fowler at Millford, the 19t»> of Apnll, 1664, 
testifyeth that he knowes of no trade betwixt Capt. Manning 
and tiie Duch, saue two barrells of small beare and aboute the 
▼allow of thirty pounds worth of beauour, for wampom that 
he brought from Boston. 


Martine Notas, a Duchman, (another of Capt. Mannings 
men,) vpon oath at the same time affirmed, that he knowes of 
no otiLer trade of Captaine Maiming w^h the Duch saue that 
litle packe of beavo*^ and two barrells of small beare. 

Lawrance PoUett, one of Capt. Mannings company, being 
now ashoare, by reason that one of the company aboard gaue 
him a blow on the head, because he did not light a match 
presently, saith that they would goe away w^h the vessell to 
y« Manhatoes and leaue the Capt. behinde, and saith the com* 
[49] pany answered the English, that if they came || aboard, 
be it vpon their perrill, for they would shott; also he saith 
that Capt. Manning hath bine two times at Yergenia since he 
came from Boston, and brought thirty six hogsheads of tobaco 
the one time, and thirty fine the other time. 

Teetifyed vpon oath at Millford, the 20th of Aprill, 1654. 

Before me, William Fowler. 

Captaine Manning was asked if he had anjrthing more to say 
for himselfe, before the court proceeded to sentence ; he said 
he could bring cirtifycate from Vergenia to cleare himselfe ; 
being asked if ho could bring cirtifycate to ouerthrow his 
owne confession, or proue that his selling salt, suger and other 
pvissions to y« Duch, and transporting tobaco for them to y« 
Munnadoes is a service to y® commonwealth of England, he 
was silent. Hee also p'^sented a cirtifycate from Grauesand, a 
small plantation w^hin y« Duch jurisdiction, vnder the hand 
of S"^ Henry Mody, Knight, and some others, directed to all 
admiralls, vice admiralls, captaines, &c. that he had tendered 
himselfe and vessell to seme y« cofnonwealth of England, but 
in what, is not expressed, nor did y^ court looke vpon it as at 
all concerning them, but rather as the contrivment of a guilty 
man to secure himselfe (if it might be) from such as by comis- 
sion might either seize the Duch, or such as in an vnderhand 
way furnish, releiue & support them. But he hauing no more 
to say, the court proceeded to sentence, and vpon the order 
before mentioned, w^h due respect to his owne carriage, con- 
fession and proofe, it was ordered, that Capt. Manning for two 
lyes (at least) told and so psisted in before authority, shall 
paye as a fine, (according to a law in this jurisdiction,) twenty 
shillings ; that he beare all his owne charges, both here and at 
Millford, and his vessell, w^h all his goods in her, by vertue of 



74 RECORDS OF THE [1654 

ye forementioned order from England, is by this court judged 
lawfull prize ; and of these pceedings they will (w^h their first 
conveniency) giue an humble account to y« State of England, 
and in y® meane time ordered, that a copie be at his charge 
deliuered to Gapt. Manning. 

After sentence, vpon Capt. Mannings desire, the court 
granted to him that both all his owne weareing apparrell in 
y« vessell, and likewise the wearing apparrell belonging to 
Lawrance PoUett, one of his men, who had no hand in carrying 
away the vessell, be freely deliuered to them. 

Lawrance PoUett, a Frenchman, and one of Gapt. Mannings 
men, complained to y® court that his master refuseth to paye 
him six monethes wages at twenty shillings the moneth, due 
to him for so longe service in y« vessell. Gapt. denyed not 
that so much was due to him, but would haue had him paide 
out of the vessell, but was told there is no reason for it, he 
hath received ye fraight and he must paye the wages, and 
accordingly ordered, that Gapt. Manning paye the said PoUett 
six pounds, w<^h he promised to doe. 

The Gourt took into consideration what alowance might be 
made to y^' men w^h went from MiUford w^i some hazard, to 
recouer Gapt. Mannings vessell out of the hand of bold, des- 
perate men, armed, (in w^h service they were aboute foure 
and twenty bowers,) and being wiUing to incourage them and 
others in such publique service, either for the comon wealth of 
England, or for this jurisdiction, did order that they shoiUd 
haue twenty shilUngs apeece allowed to them out of y® price 
of ye vessell, and that what other charges haue bine aboute it 
is to be borne out of y® same prize by the jurisdiction ; and 
also, that those that haue attended this court aboute it, haue 
their charges allowed them whUest they so attended. 

It is ordered that the vesseU and tackling w<^h belongs to 
her, w^h was Gapt. Mannings, and now judged lawfuU prize, 
should be sould at MiUford on Tuesday next, at three a clocke 
in ye aftemoone, by an inch of a candeU, he that oflFeres most 
to haue her, and that the price as it shall fall shall be paide in 
beefe, porke, wheat, pease, of each a like quantity, aU of it 
good and merchantable, and at currant price as it goes at time 


of payement, w^h is at or before the first of Nouember next, 
and that standing securitie be given, to y« satisfaction of y« 
authority at Milford, that the paye be made according to this 
order; and for sundrie other things in y® vessell, as appeares 
by an inventory taken, (w<^h are not alowed Gaptaine Manning 
& his man,) shall be sould by themselues at a due price, and 
y« same paye, or better, Robert Treatt now proflFerring come 
for them at the price they are in y« said inventory vallewed at. 
[60] II Thomas Baxster being sent backe from Connecticot, 
was c^led before the court, and first the charges laide against 
him here in his passage towards' Hartford were read, together- 
w*h the testimonies giuen in vpon oath to proue them sever- 
ally, and he was told that this court doe not at all medle w^h 
his caria^ to the Duch Jurisdiction, whether at land or sea, 
or whether it concernd Duchmen or English vnder that gouer- 
ment, nor w^h ofiences giuen at Fairefeild, or his seizing the 
vessell belonging to M'. Mayo, an Englishman of Plymouth 
Colonic, against whom neither trade, nor any complyance w*h 
the Dutch, contrary to the orders or directions of y« comon- 
wealth of England is proued, but onely w*h the affronts he 
hath giuen, and the publique disturbance he hath made or 
indeavoured w^hin this colony; and leaning his injurious 
cariag towards M"^. Fowler, in intertaining & keepeing liis 
servant against the masters will, (mentioned at the former 
court in March,) to further consideration, when M. Fowler 
sees cause, his publique miscarriages in this jurisdiction were 
abridged & reduced to these heads, 

At Stamford he declared himselfe, that if any man traded 
but six penc w^h the Duch, he would take from him all that 
euer he had. Testifyed vpon oath by John Finch senio' and 
Elizabeth Jagger. 

Hee there further expressed his resolution to flourish his 
coulors, and beat vp the drumm for souldiours, (and w^hout 
any consent of authority,) and see who durst oppose him, he 
knew there were but three or foure in Stamford who were his 
enemies, and they were enemies and traytors to y« State of 
England. Testifyed by Richard Mills vpon oath. 

Hee there further professed he had or would doe something 

76 RBCX)RDS OP THE [1664 

to sett New England together by the eares. Testifyed vpon 
oath by Greorge Slawson and John Finch. W^h designe of 
his (could he haue reached it) would haue bine accounted a 
merritorious service to the Dutch, much ouerballancing all the 
hurt he could doe them by petty plunderings at sea or land. 

The first of March last, Thomas Baxster coming in a can- 
now of M^ Fowlers into Millford harbour to seize what he 
could belonging to Captaine Creeger, a Duch man, one of Mill- 
ford told him it was their magistrats cannowe, he must leaue 
it there, and laid hands one the head of the cannowe to Staye 
it, but Thomas Baxster not onely refused, but strooke the man 
w*h a halfe pike betwixt the head and shoulders, and one of 
Baxsters company strooke at his hand w^h a courtlace, another 
cockt his gunn and p>'sented it against him, and others stood 
w^h their peeces ready cockt and presented. Ensigne Bryan 
bad Baxster take heede he did not shoote, but one of his men 
boldly replyed he would shoote. Abundantly testifyed by 
Ensigne Bryan and diners others of Milford. W^h might 
haue cost blood, euen the lives of Thomas Baxster and many 
others, had Milford men bine armed, but was a great afiront 
and contempt of authority there, and directly contrary to the 
express words of his commission. 

The charge being thus laide and proved, Thomas Baxster 
was asked if he had any thing to say, either to weaken the 
evidence or to justifye himselfe in these courses ; he pretended 
he did not remember some of the pticulars, acknowledged he 
could not object against the witnesses, and feared that in 
passion and distemper he might speake such things as are 
charged; he therefore left himselfe w*h the court, desiring 
them to be fauourable to him; and accordingly after due con- 
sideration, the court passed tliis sentence. That Thomas Bax- 
ster paye all charges expended through his default, whether 
here or at Millford, since he was first apprehended, and that 
[51] for the || forementioned miscariages and disturbances, 
he paye twenty pounds as a fine to the jurisdiction, and giue 
his owne bond of one hundered pounds, (himselfe professing, 
and the court apprehending he can giue no securitie,) that he 

1664] JUBISDIOnON of NEfW HAVEN. 77 

doe not in any kinde hereafter disturbe the peace of this juris- 
diction, or of any plantations or psons therein. 

"And though it be propounded to this jurisdiction that 
Thomas Baxster and his commission be sent to Roade Island, 
yet if Connecticote consent, this court conceiue Roade Island, 
haueing called in his commission, will be satisfyed if Thomas 
Baxster doe here resigne his cofhission, acknowledging his 
miscariages on the backe side of it vnder his hand. This the 
court propounded to Thomas Baxster, offering to wright to 
Connecticot accordingly, yet gaue him his free choyce, either 
to goe to Boade Island or to resigne as before. Thomas Bax- 
ster, after some time granted him for consideration, chose the 
latter, and accordingly, w^h such an acknowledgment, gaue 
yp his comission. And vpon his iugagement by promise to 
retume heither againe the 8^*» of May next, or sooner if 
called for, and duely to attend what further order and 
directions either authority here, or Connecticot should giue, 
he had libertie to goe to Fairfeild to order his family occar 

Mr. Goodyear was desired to informe those of Newhaven 
w«h have part of Paugaset w^h him, that the court expects 
an answer from them, at the generall court in May next, 
whether they will put the said place vnder this jurisdiction 
or no. 

At a Court op Magistrats held at Newhauen for the 
Jurisdiction, the 29*^ of May, 1654. 


Theophilus Eaton, Esq"", Gouemo^ 

M'. Stephen Goodyeare, Dept' Gouemo^ 

Francis Newman, \ 

M'. William Fowler, ( Magistrats. 

Mr. William Leete, ) 

Thomas Staplies of Fairfeild^ plant\ j John Bankes, 

W. Bx>gger Ludlow late of Fairfeld^ defendt. \ atturny for 
Thomas Staplies, declared, that M^ Ludlow had defamed 
Thomas Staplies wife, in reporting to M'. Dauenport and 


78 RECORDS OP THE [1664 

M'»*. Dauenport that she had laid herselfe vnder a new suspi- 
tioii of being a witch, that she had caused Knapps wife to be 
new searched after she was hanged, and when she saw the 
teates, said if they were the markes of a witch, then she was 
one, or she had such markes; secondly, M^ Ludlow said 
Knapps wife told him that goodwife Staplies was a witch; 
thirdly, that M"". Ludlow hath slandered goodwife Staplies in 
saying that she made a trade of lying, or went on in a tract of 
lying, &c. 

Ensigne Bryan, atturny for M^ Ludlow, desired the charge 
might bee proued, w^h accordingly the plant' did, and first an 
attestation vnder Master Dauenports hand, conteyning the 
testimony of Master and Mistris Dauenport, was presented 
and read ; but the defendant desired what was testified and 
accepted for proofe might be vpon oath, vpon w^h M^ Dauen- 
port gaue in as foUoweth, That he hoped the former attesta- 
tion hee wrott and sent to the court, being compared w*h M'. 
[52] Ludlowes letter, || and M^ Dauenports answer, would 
haue satisfyed concerning the truth of the pticulars w^hout 
his oath, but seeing M' . Ludlowes atturny will not be so satis- 
fyed, and therefore the court requires his oath, and y* he 
lookes at an oath, in a case of necessitie, for confirmation of 
truth, to end strife among men, aaan ordinance of God, accord- 
ing to Heb: 6, 16, hee therevpon declares as foUoweth, 

That M^ Ludlow, sitting w'h him & his wife alone, and 
discoursing of the passages concerning Knapps wife the witch, 
and her execution, said that she came downe from the ladder, 
(as he vnderstood it,) and desired to speake w*h him alone, 
and told him who was the witch spoken of; and so farr as he 
remembers, he or his wife asked him who it was ; he said she 
named goodwife Stapleies; M^. Dauenport replyed that hee 
beleeued it was vtterly vntrue and spoken out of malice, or to 
that purpose; M^ Ludlow answered that he hoped better of 
her, but said she was a foolish woman, and then told them a 
further storey, how she tumbled the corpes of the witch vp & 
downe after her death, before sundrie women, and spake to this 
effect, if these be the markes of a witch I am one, or I haue 
such markes, M^. Dauenport vtterly disliked the speech, not 

1664] UjTJBiSDicnoN op new haven. 79 

haueing heard anything from others in that pticular, either for 
her or against her, and supposing M'. Ludlow spake it vpon 
such intelligenc as satisfyed him; and whereas M^. Ludlow 
saith he required and they promised secrecy, he doth not 
remember that either he required or they pmised it, and he 
doth rather beleeue the contrary, both because he told them 
that some did ouerheare what the witch said to him, and 
either had or would spread it abroad, and because he is care- 
fiill not to make vnlawfull promises, and when he hath made 
a lawfull pronodse he is, through the help of Christ, carefull to 
keepe it. 

M'i*. Dauenport saith, that M'. Ludlow being at their house, 
and speakeing aboute the execution of Enapps wife, (he being 
free in his speech,) was telling seuerall passages of her, and to 
the best of her remembranc said that Enapps wife came downe 
from the ladder to speake w^h him, and told him that goodwife 
Staplyes was -a witch, and that M^ Daueport replyed some- 
thing on behalfe of goodwife Staplies, but the words she 
remembers not; and something M^. Ludlow spake, as some 
did or might ouerheare what she said to him, or words to that 
effect, and that she tumbled the dead body of ELnapps wife yp 
& downe and spake words to this purpose, that if these be the 
markes of a witch she was one, or had such markes; and con- 
cerning any promise of secrecy she remembers not. 

M^ Dauenport and M^i*. Dauenport aflSrmed vpon oath, that 
the testimonies before written, as they properly belong to each, 
is the truth, according to their best knowledg & memory. 

M'. Dauenport desired that in takeing his oath to be thus 
vnderstood, that as he takes his oath to giue satisfaction to the 
court and M^ Ludlowes atturney, in the matters attested be- 
twixt M' Ludlow & Thomas Staplies, so he lymits his oath 
onely to that pt and not to y« preface or conclusion, they being 
no pt of the attestation and so his oath not required in them. 

To the latter pt of the declaration, the plant' pduced y« 
proofe following, 

Goodwif Sherwood of Fairfeild afl5rmeth vpon oath, that 
vpon some debate betwixt M' . Ludlow and goodwife Staplies, 
she heard M' Ludlow charge goodwif Staplies w*h a tract of 

80 RECORDS OP THE [1654 

lying, and that^in discourse she had beard him so charge her 
seuerall times. 

John Tompson of Fairfeild testifyeth vpon oath, that in dis. 
course he hath heard M'. Ludlow express himselfe more then 
once that goodwife Staplies went on in a tract of lying, and 
when goodmfe Staplyes hath desired M^ . Ludlow to convince 
her of telling one lye, he said she need not say so, for she 
went on in a tract of lying. 

(Joodwife Gould of Fairefeild testifyeth vpon oath, that in 
a debate in y« church w*h M^ Ludlow, goodwife Staplyes 
[53] desired him to show her wherein she || had told one lye, 
but M'. Ludlow said she need not mention pticulars, for she 
had gon on in a tract of lying. 

Ensigne Bryan was told, he sees how the plantife hath 
proued his charge, to w^h he might now answer ; wherevpon 
he presented seuerall testimonies in wrighting vpon oath, taken 
before M'. Wells and M'. Ludlow. The plant' objected that 
the wrighting presented was not that w<*h was written firom 
the witnesses by M'. Ludlow himselfe, w^h he thought was 
not so faire pceeding as if another who was not interessed had 
writt them, but these are copies, yet not attested by the hand 
of any publique oflBicer to be true copies, yet the court caused 
y« to be read that they might make such vse of them as they 
should se cause, w<^h testimonies are as followeth, 

May the thirteenth, 1654. 

Hester Ward, wife of Andrew Ward, being swome de- 
poseth, that aboute a day after that goodwife Knapp was con- 
demned for a witch, she goeing to y« prison house where the 
said Knapp was kept, she, y® said BLnapp, voluntarily, w*hout 
any occasion giuen her, said that goodwife Staplyes told her, 
the said Knapp, that an Indian brought vnto her, the said 
Staplyes, two litle things brighter then the light of the day, 
and told the said goodwife Staplyes they were Indian gods, as 
the Indian called y™ ; and the Indian w^hall told her, the said 
Staplyes, if she would keepe them, she should be so big rich, 
all one god, and that the said Staplyes told the said Knapp, 
she gaue them again to the said Indian, but she could not tell 
whether she did so or no. 


Luce Pell, the wife of Thomas Pell, bemg swome deposeth 
as followeth, that aboute a day after goodwife Kjiapp was con- 
demned for a witch, M"". Jones earnestly intreatcd her to goe 
to y^ said Knapp, who had sent for her, and then this deponent 
called the said Hester Ward, and they went together ; then the 
said Knapp voluntarily, of her owne accord, spake as the said 
Hester Ward hath testifyed, word by word; and the said M'**. 
Pell further saith, that she being one of y® women that was 
required by the court to search the said Knapp before she was 
condemned, & then M*"**. Jones presed her, the said Knapp, 
to confess whether ther were any other that were witches, 
because goodwife g-oodvnfe Basset, when she was condemned,* 
said there was another witch in Fairefeild that held her head 
full high, and then the said goodwife Knapp stepped a lide 
aside, and told her, this deponent, goodwife Basset ment not 
her ; she asked her whom she ment, and she named goodwife 
Staplyes, and then vttcred the same speeches as formerly con- 
cerning y« Indian gods, and that goodwife Staplyes her sister 
Martha told the said goodwife Knapp, that her sister Staplyes 
stood by her, by the fire in there house, and she called to 
her, sister, sister, and she would not answer, but she, the said 
Martha, strucke at her and then she went away, and y® next 
day she asked her sister, and she said she was not there ; and 
M"». Ward doth also testify w^h M"-**. Pell, that the said 
Knapp said the same to her; and the said M". Pell saith, that 
aboute two dayes after the search afforesaid, she went to y® 
said Kjiapp in prison house, and the said Knapp said to her, I 
told you a thing the other day, and goodmau Staplies had bine 
w'h her and tlu'catened her, that she had told some thing of 
his wife that would bring his wiues name in question, and this 
deponent she told no body of it but her husband, & she was 
much moued at it. 

Elizabeth Brewster being sworne, deposeth and saith, that 
after goodwife Knap was executed, as soone as she was cut 
downe, she, the said Knapp, being caried to the graue side, 
goodwife Staplyes w'h some other women went to search the 
said Kjiapp, concerning findeing out teats, and goodwife Sta- 
plyes handled her verey much, and called to goodwife Lock- 
wood, and said, these were no witches teates, but such as she 
herselfe had, and other women might haue the same, wringing 
her hands and takeiug y^" Lords name in her mouth, and said, 

* Reference is made a little furtlier on, to the confession made by " the witch at the 
other town." We find in the records of Connecticut, under date of May, 1651, that 
governor Haynes, Mr. Cullick and Mr. Clarke were desired to go down to Stratford, to 
keep oonit npon the trial of goody Bassett for her life. 


82 RECORDS OF THE [1654 

will you say these were witches teates, they were not, and 
called vpon goodwife Lockwood to come & see them; then 
this deponent desired goodwife Odell to come & see, for she 
had bine vpon her oath when she found the teates, and she, 
this depon% desired the said Odill to come and clere it to good- 
[54] wife Staplies ; || goodwife Odill would not come ; then 
the said Staplies still called vpon goodwife Lockwood to come, 
will you say these are witches teates, I, sayes the said Staplies, 
haue such myselfc, and so haue you if you search yoi^selfe ; 
goodwife Lockwood replyed, if I had such, she would be 
hanged; would you, sayes Staplies, yes, saith Lockwood, and 
deserve it; and the said Staplies handeled the said teates very 
much, and pulled them w'h her fingers, and then goodwife 
Odill came neere, and she, the said Staplies, still questioning, 
the said Odill told her no honest women had such, and then 
all the women rebuking her and said they were witches teates, 
then the said Staplies yeilded it.- 

Mary Brewster being sworn & deposed, saith as foUoweth, 
that she was present after the execution of y« said Knapp, and 
she being brought to the graue side, she saw goodwife Staplyes 
pull the teates that were found aboute goodwife Knapp, and 
was verey earnest to know whether those were witches teates 
w«h were found aboute her, the said Knapp, w° the women 
searched her, and the said Staplyes pulled them as though she 
would haue pulled them of, and p»"scntly she, this depon*, 
went away, as hauing no desire to looke vpon them. 

Susan Lockwood, wife of Robert Lockwood, being sworne 
& examined saith as foH, that she was at the execution of 
goodwife Knapp that was hanged for a witch, and after tho 
said Knapp was cut downc and brought to the graue, goodwife 
Staplyes, w^h other women, looked after the teates tliat the 
women spake of appointed by the magistrats, and the said 
goodwife Staplies was handling of her where the teates were, 
and the said Staplies stood vp and called three or foure times 
and bid me come looke of them, <fe asked her whether she 
would say they were teates, and she made this answer, no 
matter whether there were teates or no, she had teates and 
confessed she was a witch, that was sufficient; if these be 
teates, here are no more teates tlien I myselfe haue, or any 
other women, or you either if you would search yo"^ body ; this 
depon* saith she said, I know not what you haue, but for her- 
selfe, if any finde any such things aboute me, I deserved to be 
hanged as she was, and yet afterward she, the said Staplyes, 
stooped downe againe and handled her, ye said Knapp, verey 
much, aboute y« place where the teates were, and seuerall of 

1654] JUBiSDicnoN op new haven. 88 

y« women cryed her downe, and said they were teates, and 
then she, the said Staplyes, yeilded, & said verey like they 
might be teates. 

Thomas Sheruington & Christopher Combstocke & goodwife 
Baldwine were all together at the prison house where good- 
wife Knapp was, and ye said goodwife Baldwin asked her 
whether she, the said Knapp, knew of any other, and she said 
there were some, or one, that had receiued Indian gods that 
were very bright; the said Baldwin asked her how she could 
tell, if she were not a witch herselfe, and she said the party 
told her so, and her husband was witnes to it; and to this they 
were all sworne & doe depose. 

Rebecka Hull, wife of Cornelius Hull, being sworne & ex- 
amined, deposeth & saith as foUoweth, that when goodwife 
Knapp was goeing to execution, M'. Ludlow, and her father 
M'. Jones, pressing the said Knapp to confess that she was a 
witch, vpon w^h goodwife Staplies said, why should she, the 
said Knapp, confess that w^'h she was not, and after she, the 
said goodwife Staplyes, had said so, on that stood by, why 
should she say so, she the said Staplyes replyed, she made no 
doubt if she the said Ejiapp were one, she would confess it. 

Deborah Lockwood, of the age of 17 or thereaboute, sworne 
& examined, saith as foUowcth, that she being present when 
goodwife Kjiapp was goeing to execution, betweene Tryes & 
the mill, she heard goodwife Staplyes say to goodwife Gould, 
[55] she was pswaded || goodwife Knapp was no witch ; good- 
wife Gould said, sister Staplyes, she is a witch, & hath con- 
fessed had had familiarity w^h the Deuill. Staplies replyed, 
1 was w'h her yesterday, or last night, and she said no such 
thing as she heard. 

Aprill 26% 1654. 

Bcthia Brandish, of the age of sixteene or thereaboutes, 
maketh oath, as they were goeing to execution of goodwife 
Knapp, who was condemned for a witch by the court & jury 
at Fairfeild, there being present herselfe & Deborah Lockwood 
and Sarah Cable, she heard goodwife Staplyes say, that she 
thought the said goodwife Knapp was no witch, and goodwifer 
Gould presently reproued her for it. 
Witnes Jurat' die & anno p^'dicto, 

Andrew Warde, Coram me, Ro Ludlowe. 

The plant' replyed that he had scuerall other witnesses w^h 
he thought would cleere the matters in question, if the court 
please to heare them, w<^h being granted, he first presented a 

84 EECOBDS OF THB [1654 

testimony of goodwife Whitlocke of Fairfcild, vpon oath taken 
before M"^. Fowler at Millford, the 27*^ of May, 1654, wherein 
she saith, that concerning goodwife Staplyes speeches at at the 
execution of goodwife Knapp, she being present & next to 
goody Staplyes when they were goeing to put the dead corpes 
of goodwife Kjiapp into the graue, seuerall women were look- 
ing for the markes of a witch vpon the dead body, and seuerall 
of the women said they could finde none, & this depon* said, 
nor I ; and she heard goodwife Staplyes say, nor I ; thea came 
one that had searched the said witch, & shewed them the 
markes that were vpon her, and said what are these ; and then 
this depon* heard goodwife Staplyes say she never saw such in 
all her life, and that she was pswaded that no honest woman 
had such things as those were ; and the dead corps being then 
p^'sently put into the graue, goodwife Staplyes & myselfe 
came imediately away together vnto the towne, from the place 
of execution. 

Goodwife Barlow of Pairfeild before the court did now tes- 
tify vpon oath, that when Knapps wife was hanged and ready 
to be buried, she desired to see the markes of a witch and 
spake to one of her neighbours to goe w^h her, and they looked 
but found them not ; then goodwife Staplyes came to them, and 
one or two more, goodwife Stapleyes kneeled downe by them, 
and they all looked but found y™ not, & said they saw nothing 
but what is cofhon to other women, but after they foimd them 
they all wondered, and goodwife Staplyes in pticular, and said 
they neuer saw such things in their life before, so they went 

The wife of John Tompson of Fairefeild testifyeth vpon oath, 
that goodwife Whitlock, goodwife Staplyes and herselfe, were 
at the graue and desired to see y® markes of the witch that 
was hanged, they looked but found them not at first, then the 
midwife came & shewed them, goodwife Staplyes said she 
neuer saw such, and she bcleeved no honest woman had such. 

The wife of Richard Lyon, and goodwife Squire of Faire- 
feild affirme to the same purpose, as appeai'es by a wrighting 
p'sented, but not vpon oath. 

Goodwife Sherwood of Fairefeild testifyeth vpon oath, that 


that day Knapps wife was condemned for a witch, she was 
there to see her, all being gone forth but goodwife Odill and 
her selfe, then their came in M^^". Pell and her two daughters, 
Elizabeth &. Marj^ goody Lockwood and goodwife Purdj; 
M'»». Pell told Knapps wife she was sent to speake to her, to 
[56] haue her gonfess that for w^h she was || condemned, and 
if she knew any other to be a witch to discover them, and told 
her, before she was condemned she might thinke it would be 
a meanes to take away her life, but now she must dye, and 
therefore she should discouer all, for though she and her 
family by the providence of God had brought in nothing 
against her, yet ther was many witnesses came in against her, 
and she was cast by the jury & godly magistrats hauing found 
her guilty, and that the last evidence cast the cause. So the 
next day she went in againe to see the witch w^h other neigh- 
bours, there was M^ Jones, M'»». Pell & her two daughters, 
M'»». Ward and goodwife Lockwood, where she heard M'»". 
Pell desire ELnapps wife to lay open herselfe, and make way 
for the minister to doe her good ; her daughtr Elizabeth bid 
her doe as the witch at the other towne did, that is, discouer 
all she knew to be witches. Goodwife Knapp said she must 
not say anything w^h is not true, she must not wrong any 
body, and what had bine said to her in private, before she 
went out of the world, when she was vpon the ladder, she 
would reveale to M^ Ludlow or yc minister. Elizabeth 
Bruster said, if you keepe it a litle longer till you come to the 
ladder, the diuill will haue you quick, if you reveale it not till 
then. Good: Knapp replyed, take heed the dcvile haue not 
you, for she could not tell how soone she might be her com- 
panyon, and added, the truth is you would haue me say that 
goodwife Staplyes is a witch, but I haue sinns enough to 
answer for aUrcady, and I hope I shall not add to my con- 
demnation ; I know nothing by goodwife Staplyes, and I hope 
she is an honest woman. Then goodwife Lockwood said, 
goodwife Knapp what ayle you ; goodman Lyon, I pray speake, 
did you heare vs name goodwif Staplyes name since we came 
here ; Lyon wished her to haue a care what she said and not 
breed differenc betwixt neighbours after she was gone; Kjiapp 

86 BECOBDS OF THE [1654 

replyed, goodman Lyon hold yo' tongue, you know not what 
I know, I haue ground for what I say, I haue bine fished 
w'hall in private more then you are aware of; I apprehend 
goodwife Staples hath done me some wrong in her testimony, 
but I must not render euill for euill. Then this depon* spake 
to goody Knapp, wishing her to speake w^h the jury, for she 
apprehended goodwife Staplyes witnessed nothing contrary to 
other witnesses, and she supposed they would informe her that 
the last evidenc did not cast y® cause ; she replyed that she 
had bine told so w^hin this halfe houre, & desired M^ Jones 
and herselfe to stay and the rest to depart, that she might 
speake w*h vs in private, and desired me to declare to M*". 
Jones what they said against goodwife Staplyes the day before, 
but she told her she heard not goodwife Staplyes named, but 
she knew nothing of that nature ; she desired her to declare 
her minde fully to M' Jones, so she went away. 

Further this depon* saith, that comoing into the house where 
the witch was kept, she found onely the wardsman and goodwife 
Baldwine there, goodwife Baldwin whispered her in the eare and 
said to her that goodwife Knapp told her that a woman in y« 
towne was a witch and would be hanged wUiin a twelue moneth, 
and would confess herselfe a witch and cleere her that she was 
none, and that she asked her how she knew she was a witch, and 
she told her she had received Indian gods of an Indian, w<^h are 
[67] shining || thiugs, w^h shine lighter then the day. Then 
this depon* asked goodwife Kjiapp if she had said so, and she 
denyed it; goodwife Baldwin affirmed she did, but Knapps 
wife againe denyed it and said she knowes no woman in the 
towne that is a witch, nor any woman that hath received 
Indian gods, but she said there was an Indian at a womans 
house and offerred her a coople of shining thiugs, but the 
woman neuer told her she tooke them, but was afraide and 
ran away, and she knowes not that the woman euer tooke 
them. Gtoodwife desired this depon^ to goe out and speake 
w*h the wardsmen; Thomas Shervington, who was one of 
them, said bee remembred not that Knapps wife said a woman 
in the towne was a witch and would be hanged, but spake 
something of shining tilings, but Kester, M^ Pells man, being 


by said, but I remember; and as they were goeing to the 
graue, goodwife Staplyes said, it was long before she could 
beleeve this poore woman was a witch, or that their were any 
witches, till the word of God convinced her, w«h saith, thou 
shalt not suffer a witch to Hue. 

Thomas Lyon of Pairfeild testify eth vpon oath, taken before 
M', Fowler, the 27*^ May, 1654, that he being set by authority 
to watch w*h Knapps wife, there came in M'i». Pell, M'*. 
Ward, goodwife Lockwood, and M"». Pells two daughters; 
the fell into some discourse, that goodwife Ejiapp should say 
to them in private w«h goodwife Knapp would not owne, but 
did seeme to be much troubled at them and said, the truth is 
you would haue me to say that goodwife Staplyes is a witch ; I 
haue sinnes enough allready, I will not add this to my con- 
demnation, I know no such thing by her, I hope she is an 
honest woman; then goodwife Lockwood caled to mee and 
asked whether they had named goodwife Staplyes, so I spake 
to goodwife Knapp to haue a care what she said, that she did 
not make differrence amongst her neighbours when she was 
gon, and I told her that I hoped they were her frends and 
desired her soules good, and not to accuse any out of envy, or 
to that effect; Knapps wife said, goodman Lyon hold yo'^ 
tongue, you know not so much as I doe, you know not what 
hath bine said to me in private; and after they was gon, of 
her owne accord, betweene she & I, goody Knapp said she 
knew nothing against goodwife Staplyes of being a witch. 

Richard Lyon of Pairfeild affirmeth to the same purpose as 
Tho: Lyon doth, as appeares by a wrighting vnder his hand, 
but not vpon oath. 

Goodwife Gould of Pairfeild testifyeth vpon oath, that good- 
wife Sherwood & herselfe came in to see the witch, there was 
one before had bine speaking aboute some suspicious words 
of one in the towne, this depon* wished her if she knew any- 
thing vpon good ground she would declare it, if not, that she 
would take heede that the deuill pswaded her not to sow 
malicious seed to doe hurt when she was dead, yet wished 
her to speake the truth if she knew anything by any pson ; she 
said she knew nothing but vpon suspicion by the rumours 

88 BECOBDS OP THE [1654 

she heares; this depon^ told her she was now to dye, and 
therefore she should deale truly ; she burst forth into weeping 
and desired me to pray for her, and said I knew not how she 
was tempted ; neuer, neuer poore creature was tempted as I 
am tempted, pray, pray for me. Further this depon* saith, 
as they were goeing to y« graue, M"^. Buckly, good wife Sher- 
wood, goodwife Staplye and myselfe, goodwife Staplyes was 
next me, she said it was a good while before she could beleeue 
this woman was a witch, and that she could not beleue a goo3 
while that there were any witches, till she went to y« word of 
Gk)d, and then she was convinced, and as she remembers, 
goodwife Stapleyes went along w*h her all the way till they 
came at y^ gallowes. Further this deponent saith, tliat M^ 
Jones some time since that Knapps wife was condemned, did 
tell her, and that w*h a very cherefuU countenance & blessing 
God for it, that Knapps wife had cleered one in y« towne,^& 
said you know who I meane sister Staplyes, blessed be Crod 
for it. 

Ensigne Bryan informed the court that one pticular in y« 
charge he heard not of before, and therefore is not prepared to 
answer, but desires further time for that pt, and he will be 
bound to answer Thomas Staplyes in it when the court shall 
appointe, w<^h the court told him they would consider of. 
[68] II The plant' and defendt' haueing spoken what they 
pleased in y« case, the court considered of what hath bine 
alleadged and proved on both sides, and though they are not 
satisfyed in the evidences p'^sented by Ensigne Bryan, yet they 
haue considered what the seuerall witnesses speake therein, 
and finde not tliat they take of the testimony giuen in on the 
other side, nor doe they justify M"^. Ludlow in y^ defameing 
expressions of goodwife Staplyes, yet w^hall they consider that 
he said hee thought them not true, yet they tend to defama- 
tion, the court in their sentence shall incline to more fauour 
then possibly they should doe if M^. Ludlow was here, but the 
third pt of the charge being left till another time, vpon Ensigne 
Bryans ingagm* to answer it at the next court of magistrats 
here, or sooner if called to it, for y® former parts of the charge, 
they see no cause to lay any blemish of a witch vpon goodwife 


Staplies, but most judg that M'. Ludlow hath done her wrong, 
and therefore is by this court ordered to pay to Thomas 
Staplies, by way of fine for reparation of his wiues name, tenn 
pounds, and for his trouble & charge in following the suit, fine 
pounds Inore, the latter pt of y« charge being left as before 

Gapt. Nathaniell Siluester entered an action of defamation 
against John Scott, wherein John Youngs was included, and 
John Youngs entered an action of defamation against Capt^ 
Silyestr, but afterward they all made a priyate agreem^ among 
themselues, and so ceased to psecute any further. 

Gapt. Silvester entered an action against Jn<> Peakin of 
Southold, for entertayning some of his servants, but when he 
came to plead, fidled in his proofe and was content his action 
should £idl, and the ten shillings received for entry of y« action 
y* court returned. 

ilT. Leueridg of Oyster Bay, plant. ) 

Capt. Siluester of Shelter Island, defendt. \ M^ Leueridg 
declared that he had bought a certaine debt of M^". Carman 
of Hempsted, due from Gapt. Silvester by bill and deteyned 
by him, to the vallew of fine & forty pounds, and doth now 
desire the justice of the court, that he might haue the saide 
debt w^h just damages for none-payemont when first due. 

Gaptaine Siluester said that he owed M^ Leueridg nothing, 
but to M'^*. Garman hee owes foure & forty or fine & forty 
pound, w<^h is to bee paide in strong water, salt beefe, and 
other goods, w*h first conveniency, but no time is sett, and 
that hee did endeauour to send it quickly after the debt was 
made, by Joseph Alsop, but he wpuld not cary it, and after by 
Leiutennant Seely, but he refused also, and some of the 
comodities being leaky, he thought it best to dispose of them, 
and John Ogden coming to his island, and being willing to buy 
the goods, and for his paye would tume ouer a bill he had of 
M^i*. Garmans for fifty pounds, to be paid in beauor; so they 
agreed, and he sent M'i*. Garman word of it, and she returned 
answer that she had sold her bill to M^ Leueridg, but w^h was 
don first did not cleerly appeare to y« court, though M'. 
Leueridg by some circumstances endeauoured to proue that he 


do ftBCORDS OP THE [1664 

bought the bill of M'>". Carman first, and one M'. Washbome 
of Hempsted, now in court, said he could testify that M"^**. 
Carman had sold her bill to M. Leueridg, but whether before 
John Ogden sould his to the Capt. he cannot tell, and some 
questions being put to M"^. Leueridg concerning the buying 
this bill, what consideration was giuen for it, or whether it 
were not a matter in trust, could not be suflSciently cleered, 
[59] M'. Leueridg hauing said that he expected not || to meete 
the Capt. here, and so hath not some wrightings ready, w^h 
did necessarily occasion a respite of y« cause, that things may 
be further cleered and issued at the court of magistrats, to 
be held at Newhauen the third Wedensday in October next, 
vnless they doe in y« meane time issue it betweene themselues 
in a private way. And Capt, Silvester and M. Giles Silvestr, 
his brother, ingage themselues in forty fine pound sterling to 
answer M. Leueridg here at Newhaven, at the time before 
mentioned, w<^h M^ Leueridg accepted. 

The last will and testam* of M^ Edmund Tapp, late of Mill- 
ford deceased, was p'sented in court, made the first of Aprill, 
1653, confirmed by his owne hand and scale, and testifyed 
vpon oath by Richard Miles and Henry Griouer of Newhauen 
at a court held at Millford. 

Also an inventory of the estate of the said M'. Edmund 
Tapp, amount' to IW: 01- : 04^,. prised the 26th of Aprill, 
1653, by Ensigno Bryan, Sarjant East and Thom: Welch, and 
by them testifyed vpon oath to be a true apprism*, at a court 
at Millford. 

The last will and testam* of Edwa: Wigglesworth, late of 
Newhaven deceased, was presented to y« court, made the 
12'h of July, 1653, confirmed by his owne hand and scale, 
& witnessed by M'. John Dauenport, M"^. William Hooke, and 
M. Mathew Gilbert. 

Also the inventory of the estate of the said Edwa: Wiggles- 
worth, amount' to 401: 14: 02**: prised by M'. Gilbert & 
Richard Miles, the 31*^ of March, 1654, and by them testifyed 
vpon oath to be a true apprisment, at a court held at New- 
hauen the 2^ of May, 1654. 

The last will and testam^ of John Basset, late of Newhauen 


deceased, was presented to the court, made the 17^^ of Feb- 
ruary, 1652, confirmed by his owno hand, and witnessed by 
Richard Miles & John Harriman vpon oath, at a court held at 
Newhauen 1*^ Nouem & 3<* February, 1653. 

Also an inventory of the estate of the said John Basset, 
amount' to 69^*: 19«: 00, prised by Thorn: Munson & John 
Harriman, the 21^** of Febr. 1652, and by them testifyed vpon 
oath to be a true aprism*, at a court held at Newhauen, y« first 
of Nouem. & 3^ January, 1653. 

The last will & testam^ of Hen : Pecke, late of Newhauen 
deceased, was pi^sented to the court, made the 30^^ of October, 
1651, witnessed by William Pecke, Jn® Moss, and Sam : Whit- 
head vpon their oath, at a court held at Newhauen, the 2^ of 
May, 1654. 

Also an inventory of the estate of y« said Hen: Peck, 
amount' to 56»: 2»: 8^ prised the 30th of Nouem., 1651, by 
Sam: Whithead and Rogger Allen, & by them testifyed vpon 
oath to be a true aprism^, at a court at Newhauen, the 2^ of 
May, 1654. 

The last will and testam* of Capt. Wood was presented, 
written by M. Goodyear and proued to be his minde & will by 
y« oath of Capt. Seamc Jacobson & John Harriman. 

Also an inventory of y« estate of y® said Capt. Wood, 
amount to 25: 09« : 09<*, prised by Mathew Gilbert, Jn^ Nash 
<fe Jn<> Harriman, and by them testifyed vpon oath to be a true 
apprism^ at Newhaven the 10^** of Septem., 1652, before y« 

[60] At a Court op Election held at Newhauen for 

Y« Jurisdiction May 31^*», 1654. 

Theophilus Eaton, Esq% chosen 6oue^no^ 
M^ Stephen Goodyeare, chosen Dept' Gouerno"^. 
Francis Newman, chosen Magistrat ) ^^^ Newhauen. 
M^ Samuell Eaton, chosen Magistrate ) 

Capt Astwood, j M^g^^^g for Millford. 

M^ Benja: Fenn, j ^ 

M^. Leete, Magistrate for Guilford. 

92 RECORDS OF THE [1654 


Fop Comission's, the Court of Election lofte it to the Gen^U 
Court to chuse them, but not to act but vpon y^ terms the 
Gen'U Court sees cause. 

M' Atwater chosen Treasurer. 

Francis Newman, chosen Secretary. 

Thomas Eimberly, chosen Marshall. 

At a Generall Court held at Nbwhauen for the Juris- 
diction, THE 81**> OF Mat, 1654. 


Theophilus Eaton, Esq', Gouemo'. 
M' Stephen Goodyeare, Dept. (Jouerno'. 
* Francis Newman, Magistrate for Newhauen. 
M' Beiga: Fenn, Magistrat for Millford. 
M' William Leete, Magistrat for Guilford. 


M^ WiUiam Gibbard, 
Henry Lindon, ^* ^" 

Robert Treate, 

Thomas Welch, MiUford. 

M* Ghittendine, „ .,, , 
M* Jordan, Gmlford. 

Richard Law, 

Francis BeU, Stamford. 

Barnabas Horton, 

John Peakin, Southold. 

M* Orane, 

Lawranc Ward, Bedford. 

The deputies hauing p'sented their cirtifycates, the court 
pceeded, and first Capt. Nathaniel Silvester hauing bine ques- 
tioned in y« court of magistrats (by reason of an action he 
entred against John Scott, wherein Jn<> Youngs, Jun', of 
Southhold was included,) for sundrie miscariages, and pticu- 

1654] juBiSDicnoN or new haven. 98 

larly some towards Ibis jurisdiction, as that he should say it was 
a tyranicall gouermS as was testifyed by M'. Joseph Youngs 
and Roger Oheston of Southhold, beside other offensive carriage 
concerning the Saboth, & ordinances, &c., at w^'h court he 
also shewed much passion and hight of spirit, to the courts 
great dissatisfaction, w^h they manifested toward him. The 
gouemo>^ now informed the court that Capt. Silvester had 
£61] bine w^h him and professed he saw || his miscariages 
towards the jurisdiction and the court, and desired hee might 
haue opptunity to giue the court satisfaction, w^h being 
grsmted he said, there is testimony giuen in that he should 
say this gouerm^ is a tyranicall gouerm^ w^h he cannot deny, 
for he did speake some words to that purpose and is heartyly 
sorey for it, and craues pardon of the court, as also for the 
just offence he gaue at Southold in saying, (vpon supposition 
of an order made to keepe him out of their townc,) that if any 
mett him in the streets and medled w^h him he would pistoll 
them, and in other respects he hath caried it w^h two much 
bittemes of speech, w<^h he now sees the euill of and hopes he 
shall walke inofensiuely for time to come. 

After consideration, the court told Capt. Silvester that they 
haue considered his acknowledgm^ and are willing to take 
satisfaction, hopeing he sees his euill and that by Gk>ds assist- 
ance he will walke so as not to giue offence hereafter, either 
in pointe of the Saboth, or towards the jurisdiction, or South- 
old in ptictdar, and in that frame they intend to walke towards 
him, and though they might require a wrighting for securitie 
hereof, yet they shall rest vpon his word and pmise, w«h he 
now made, to ingage himselfe to an inoffensive carriage here- 

John Youngs, jun., of Southold appeared before the court, 
against whome sundrie complaints from Southold haue bine 
made of great miscariages, tending to disturbe the peace of y« 
jurisdiction and ouerthrow the foundations of gouerm^ here 
laid and to raise an open rebellion against this colony, of w^'h 
he had before now bine informed and was now againe reminded 
of, but the court vnderstanding by letters from Southhold that 
though there haue bine sundrie differrences and contentions 


94 RECORDS OF THE [1654 

among them, to issue w^h they intended to haue come to this 
court, but now they haue agreed among themselues and desired 
that all may be buried in y*' lake of oblivion, and the court not 
being willing to stirr vp or disturbe mens spirits, if they might 
haue any good ground of hope that they would cary it peace- 
ably for the future, did alow of what they had don. 

And concerning John Youngs, he did now acknowledg that 
he hath miscaryed many wayes, speaking rash and foolish 
words and such as haue tended to sedition, was vnsatisfyed 
that he had not his vote in chusing millitary oflScers, and that 
such he would not follow as he did not chuse, he is sorey he 
hath giuen such just offence and hopes he shall take warning 
and walke to better satisfaction hereafter ; so that vpon the 
desire of Southold, his owne acknowledgm^ now made and 
pmise of amendmS the court past by and remitted his offence 
w^hout fine or punishment, but did order that he shall 
giue bond to the jurisdiction to the valew of one himdered 
pound sterling, that he will hereafter attend his oath of fidol- 
litie taken to y' jurisdiction and maintayne the lawes here 
established, and not disturbe the peace of the same or any 
plantation therein ; w^h bond was giuen and he dismissed. 

Robert Basset hauing bine questioned at two former courts 
for diuers miscariages proued against him and confessed by 
him, was now called befor the court, and told that the court 
expects from him an acknowledgm^ of his miscariages and of 
his purpose and resolution by Grods help to walke in a better 
manner hereafter. 

Robert Basset said, concerning that letter he receiued 
w^hout a name subscribed, he did not doe as he ought in so 
weighty a buisnes, not considering of it nor seeing that in it 
w<^h he since sees, but something being in it w<^h suited his 
present affection against the Duch and his corrupt oppinion 
concerning the votes, whereby his eyes were then blinded, he 
is heartily sorey for it, and if God had not stopped him, for 
ought he knowes, it might haue wrought great disturbance ; 
and for his disturbing the peace of the colony and opposing 
[62] the wayes || of gouerm^ hee sees his euill in it in some 
measure, and hopes he shall see it more, for he is convinced 


that the way of gouerm^ here setled is according to Ood, w<^h 
he hath not honnored as he ought, and had hee honored God, 
He would haue helped him to hono' the gouerm^ w<^h he did 
not, and is heartily sorry for it; concerning the vncomfortable 
words in the towne meetings at Stamford, w^h haue tended 
much to disturbe the peace of that place, and much greive the 
hearts of Gods people, w<^h doth now cause sorrow of heart in 
him, and he hopes that as he hath bine an instrum^ of dishono' 
to Ood in that place, so he desires to be an instrum^ of His 
hono' there; and concerning y« letter w<^h he caried from 
Stamford, wherein he was imployed by the towne, at that time 
he appi'ehended it for the peace of y® place, but he now sees 
that he did not then see tiie bottom of it, for it did tend to 
dishonor the gouerm* here and preferr another gouerm* before 
it ; these and other his miscanages he said he was sorey for, 
and desires the court to be mercifuU to him, hopeing he shall 
be watchfull hereafter, and added that he lookes vpon this as 
an agravation of his sinn, that all this was against his oath of 
fideUitie and from the great pride of his spirit. 

Robert Basset was told that the court doth incline the more 
to be satisfyed, because the haue receiued a certifycate firom 
Stamford w<^h doth giue a good testimony of his acknowledgm^ 
of his euill there, and of some reformation begune, and of his 
walking in a contrary way to his former way of disturbance, 
and therefore vpon their desire, and what he hath now 
acknowledged, w^h his promise of a better walkeing hereafter, 
the court doth remitt his offence, but ordered that he giue 
bond to the jurisdicticm, to the valew of one hundered pound 
sterling, that hee will hereafter attend his oath of fidellitie and 
the lawes of the jurisdiction, and will not at any time disturbe 
the peace of this colony, or of any plantation therein; w<^h 
bond was giuen & he dismissed. 

The deputies of Southold p'^sented to y« court a wrighting 
from their towne, wherein it is desired that Barnabas Horton 
and John Peaken, the two present deputies for Southold, may 
be chosen constables for that plantation ; w^h was done, and 
they haue the same power comitted to them as was giuen to 
the constable of Southold the 30^^ May, 1649, fo: 176, and 

96 BBOOBDS OF THE £1654 

they now tooke oath that they would, by y« help of Gtodj 
faithfully discharg the trust comitted to them. 

The said constablea were desired to see that those in their 
towne who haue not taken the oath of Mellitie doe forthw^h 
take it, and those w<^h refuse are to be bound oner to answer 
it at the court of magistrats, to be held here the third Wedens- 
day in October next. 

The said dept' also informe the court that Thorn: Benidict 
and some others who line nere Southold doe desire to joyne 
w^h them, w<^h the court advised to, so it might be to mutual! 

Mr. Wells of Southold sent a petition to the court to be 
freed from all publique service in j^ jurisdiction hereafter, 
w*h y« court saw no cause to grant. 

It was propoimded that the dept' sent from the seuerall 
plantations for y^ general! court might be vnder oath to be 
fiedthfull in y** trust comitted to them, but l)ecause it hath not 
heitherto bine done, and no oath prepared in that case, it was 
referred to another season. 

Richard Ijaw, Francis Bel! and John Holly, are chosen 
deputies for Stamford, who are to keepe court and cary on 
civil! in that plantation for y^ yeare ensuing, and liaue the 
same power comitted to them as was giuen to the deputies of 
Totoket, alis Brandford, by the Gene"^!! Court, the 29ti» of 
May, 1651, as it is entred fo: 303 ; and Richard Jjaw and 
Fran : Bell did now take the deputies oath, and they are to 
administer the said oath to the other deputie at Stamford. 
[63] II Old M^ Swaine, M^ Crane, Samuel! Swaine and 
Lawrance Ward, are chosen deputies for Brandford for y« 
yeare ensuing, and haue the same power comitted to them as 
the deputies of that plantation had giuen them May 29^^, 
1651, fo: 303, and M>^. Crane and Lawrance Ward did now 
take the deputies oath, and they were to administere the said 
oath to the other deputies there. 

It is ordered that the size of caske for packing vp of flesh 
for sale in this jurisdiction shall be eight and twenty gallons, 
and that an officer in euery plantation be appointed, who shall 
be vnder oath, to see that they are full gaged so much, who shall 

1654] JUBisDicmoN of new haven. « 97 

sett his marke vpon them, knowne to be the gagers marke, 
that it may appeare they haue passed his view ; and whosoeuer 
shall breake this order, by packing in caske of a less size, shall 
forfeite ten shillings for each barell, and this order to be so 
published that euery buyer may know what to expect before 
he make or conclude the bargaine, that he haue no cause of 
after complainte. 

Ypon some question propounded to the court concerning 
M'. Wells his chilldren, which were Henry Tuttills of South- 
old, it is ordered that what evidenc can be procured for further 
deereing the chilldrens portions, should be speedily sent to 
the gouemo' at Newhayen, at furthest betwixt this and the 
court of magistrats to be held at Newhauen the third Wedens- 
day in October next, and if M^. Wells should remoue from 
Southold, that so much of his estate be securied as may 
answer, not onely the pportions allready appointed,i)ut also a 
meete some for that w<^h may ypon eyidence further appeare 
to be due to them. 

John Peakin hath lycense from this court to sell stronge 
water at Southold, pyided that he attend the orders of the 
jurisdiction in that case, both to English & Indians. 

The Court being informed that by reason of Leiutennats 
Budds absence, Southold is left destitute of a fitt man to exer- 
cise the millitary company there, and that one Charles Glouer 
had some time done it since Leiutennant Budd went to Eng- 
land, but because he had not this courts alowance therein, hee 
would not pceede ; wherefore the court now declares, (that 
ynderstanding he is a member of y® church of Salem, and had 
he letters of recomendation, he might be admitted'a freeman 
as others are,) that he doe resume that worke, & exercise the 
millitary company at Southold, and be helpfull in ordering y« 
watches and other seryice of that nature, till further order 
from this court, pyided that he take the oath of fidellite to be 
faithfuU of the jurisdiction, but if he refuse, as he is to be 
bound to answer it here at Newhauen at the court of magis- 
trats, so the trust is still to continew in the hands of Barnabas 
Winds, who is a corporall to that company, till further order, 
and the constables are desired to assist and be helpfull to him 



98 « BEOORDS OF THE [1654 

in setting & ordering the watches; of w<^h burden he much 

It is ordered that in euery plantation in this jurisdiction 
there shall be a viewer of come, that in case of differrence 
may judg whether it be well dressed and merchantable or no, 
w<^h man is to be chosen by each plantation, and shall bee 
ynder oath to judg faithfully when called to it, and is to be 
paide for his time spent and paines therein by him whose come 
is faulty, or who vnnecessarily occasions the trouble. 

It is ordered that vpon tiie admittance of any man as a 
planter into any plantation in this jurisdiction, the funda- 
men tall lawes and orders concerning votes, <&c., shall be read 
to them, and if approved, the oath of fidellitie shall be admin- 
istred to them, the plantation w<^h is to receive them being 
satisfyed in other respects, by a satisfying cirtifycate from 
suflScient credible psons, of their good behat^ezviour & con- 

The Gouemo' informed the court that M'. Leueridg had 
bine w*h him and propounded to know whether their plantar 
tion at Oyster Bay might not joyne and be admitted a member 
[64] of this colony; he also ppounded || some objections, 
aboute a pattent, aboute publique charges in this jurisdiction 
aboue others, w^h some thing aboute keepeing courts at their 
owne plantation, all w<^h was answered so as he objected no 
further, but desired to know if vpon further speech w^h their 
towne they desire to be receiued, whether It might be done 
w^hout y« generall courts meeting againe. The court consid- 
ered of what was propounded, and declared, that if, vpon their 
full vnderstanding the fundamentall lawes and orders for 
gouerm^ here established, they shall desire to joyne, and that 
they doe vpon their admittance take the oath of fidellitie as 
before ordered, and in a wrighting subscribed by them solemly 
ingage themselues to a full observanc thereof, they may be 
receiued as a member of this jurisdiction. 

An old debt of six & twenty shillings oweing by Jn^ Chap- 
man to the jurisdiction for pte of a fine was now remitted. 

An old debt of foure pound seuen shillings due from South- 
old, (w^^hy by reason of the death of some, and the remouall 


1654] JUBiBDionoN of new haven. 99 

8f otiiers out of the towne, they cannot finde out the pticular 
fBOOa from whom it is due,) was now remitted. 

It is ordered that if any man refuse to prise the goods of y^' 
deceased and inventory the same and attest the said apprizm^ 
vpon oath according to order, when by the court or authority 
in y« place they are called to it, shall forfeite fine shillings for 
each time they so refuse, the estate so prised makeing them a 
just alowance for their time and paines therein. 

Ypon a petition from William Boarman, and vpon the desire 
of iVancis Bell, one of the deputies for Stamford, on behalfe 
of Samuell Barret, the court tooke of that restrainte w^h lay 
vpon them forbiding them to goe out of this jurisdiction, and 
also repealed that part of the order concerning their wearing 
a halter. 

The Court was informed that Millford haue chosen Robert 
Treate leiutennant for their towne, and desire he may be con- 
firmed by this court, w^h was now done, and he is alowed as 
the cheife millitary oflBicer there for the present, to order y« 
millitary affiiires of that towne. 

It is ordered that some writings concerning some land in 
question betwixt Stamford and Norwalke should be recorded 
in ye jurisdiction records. 

It is ordered that the gouernor shall haue fifty pounds 
alowed him for this yeare ensuing paid him out of the juris- 
diction treasury as formerly. 

Vpon makeing vp ace*' w*h M' . Goodyeare, it appeared that 
M'. Goodyeare was in the jurisdictions debt aboute thirty fiue 
pounds, w<^h vpon consideratios w^h satisfyed them the court 
gaue to him. 

Some question being moued whether the gouemors rates 
should not bee bi*ought in, in the bills of rateing for New- 
hauen, w^h after some debate was thus issued, that the court 
generally declared themselues willing at present to forbeare it. 

100 RBCORDS OF TH£ [1664 

[65] At a Generall Court held Newhauem fob the 
Jurisdiction, the 9**> op June, 1654. 



Theophilus Eaton, Esq', (rouemo'. 
M'. Stephen Goodyeare, Dept* Gou\ 
Francis Newman, ) - ^t , 
M' SamueU Eaton, j ^^ Newhauen. 

M' Benjamin Fenn, for Millford. 
M' William Leete, for Guilford. 


M'. William Gibbard, 
Henry Lindon. 

Robert Treate, 
Thomas Welch. 

Ml". Ghittendine, 
M' Jordan. 

Barnabas Horton, 
John Peakin. 

M' Crane, 
Lawranc Ward. 

The Gouemor acquainted the court that he had the day 
before receiyed some letters, w^h did occasion this meeting, as 
one from his Highnes, Oliuer, Lord Protector of England, 
Scotland and Ireland, informing of shipps and amunitio sent 
to assiste the colonies against the Duch, and also a letter from 
Major Sedgwick and Capt. Leuerit, who are intrusted by the 
Lord Protector in that service, (both w^h were read to the 
court,) wherein they desire one or two may be sent from this 
colony to treate and consult w*h them aboute this waighty 
affaire, and in both the letters is expressed that they desire 
expedition may be attended ; therefore it is now the courts 
worke to agree how many they vrill send, and who the psons 
are. The court readily exprest their willingnes to joyne in 
this designe, and afford what help they could, to the vtmost of 

1654] JUBimicnoH or new hatbn. 101 

their atnllitie, and chose and appointed M'. William Leete and . 
H* Thomas Jordan, to goe to Boston to treate and CMinsult 
v'h them, to whom they gaue comission & instructiona as 

The Comission of M'. William Leete, Magistrat, and of M'. 
Thomas Jordan, one of the Deputies, now sent from the 
Gtenerall Court for the Jurisdiction of Newhaueu, as Agents, 
You are v*h all convenient speede to trauell to Boston in 
j» Hassachusts, and there to treate w*h Major Sedgwick and 
Capt. John Leueret, appointed and betmsted by his Highnes, 
Oliner, Lord Protector of England, Scotland and Ireland, and 
w^h such others as shall be deputed for the treaty from the 
other three jurisdictions, or any of them, in a service both for 
the Comon wealth of England, and for these colonies, accord- 
ing to such comission and instnictionB ss they haue receitied, 
and shall pduce and shew from the State of England, wherein 
though they yet know not how the affaire shall be m&nnaged, 
nor what may be required or expected from them, yet they 
are ready, according to their abillitie and meanes, to afford 
their best assistance, both in men and pvissions. The pticu- 
lars they referr to yo' coneideration and judgment. 
In witnes whereof I subscribe, this 9"" of June, 1654. 
Francis Newman, Secret, and by order of y" Gen: Court. 
Instmcdons for M'. William Leete and M'. Thomas Jordan, 
sent as Agents for this Jurisdiction to treate, &c., as their 
Comission bearing date with these presents will more fully 

The Coibission's for the three other colonies did in Septem- 
ber last, vpon their best considerations, declare, that the 
Massachusts colony in denying to act (as was oxpresly in 
the articles) according to the determination of seuen of y 
coitiission's, (though tliey neither charged nor objected any 
vnrighteousnes in their conclusions,) had actually broken 
[66] their couenant of confederation, and |{ though in Nouem- 
ber last these two colonies answered the letter and queries 
sent from the Gen. Court of the Massachusts, the haue not to 
this day receiued any retume ; yet vpon a letter and directions 
receiued from his Highnes, Oliuer, Lord Protector of England, 

102 BBOOBDB OF THB [1664 

Scotland & Ireland, they send you as their agents to treate 
w'h Major Sedgwicke, Oapt. Jn^ Leuerit, & w*h such others 
as shall be deputed for the said treaty from the other three 
colonies, or any of them. 

1. If ypon sight of the comission and instructions firom the 
authority of England, the foure colonies concurr to afford 
assistance in the seruice ppounded, this colony will readily 
joyne. If the Massachusets vpon any consideration refuse or 
delay, (w<^h wee hope they will not,) y^t wee shall readily 
joyne w^h the other two colonies, or w^h Connecticott, yea 
this jurisdict' alone, (if others differr in judgm*,) would 
improue the Ttmost of their abillity to manifest their due 
submission to the authority of England, and readines in a 
service wherein all New-England, at least these western colo- 
nies, are so much concerned. 

2. Considering* that a litle delay may much increase the 
diflSculty of the worke, if it doe not vtterly ouerthrow it, you 
will by no meaiies admitt any long consultation or dispute, but 
vse all possible expedition, according to the Lord Protectors 
order, w«h (through the blessing of (Jod,) may much further 
the success ; and when you haue considered & agreed, what 
numbers of men, and what quantity of pvissions of all sorts 
each colony is to furnish, you will, by some trusty and speedy 
messenger, giue timely information, that preparations may be 
here made accordingly. 

S. For the shipping sent from England, or vessells belong- 
ing to any of these parts, it may fall vnder consideration, 
whether if part bee sent w^hout the Island, & part come w*hin, 
the service against the enemie and y^ securitie of these planta- 
tions may not bee best carryed on and provided for. 

By order of the Generall Court, the 9^*» of June, 1654. 

^ Francis Newman, Secret. 

And the better to furnish them for this jumy, they borrowed 
of*widdow Wigglesworth fine pounds in siluer, w^h the court 
promised should bee repaide w^hin three monethes, in the 
same kinde or in other paye to her satisfiEtction, so as neither 
she nor her chilldren should suffer by it. 


It is ordered that all sorts of provision in this jurisdiction 
be stopped, and none to be sent forth of the same, by lycense 
or otherwise, vnless it be from one plantation in this jurisdic- 
tion to another, and then due care to be taken, by those in 
authority in that plantation from whenc it goes, that it may 
not be turned another way, w^h is to stand in force till further 
order be giuen. 

An order made by the gen. court in May, 1658, concerning 
the keeping of twelue horses in y^ fine plantations vpon the 
maine in this jurisdiction, for publique service, is now ordered 
to be forthw^h put in execution, and an addition of halfe so 
many more to be pvided and kept in each plantation. That 
18 to say, six at Newhauen, and three apeece at the other foure 
townes; and Southold, whose deputies were then absent, but 
now present, is ordered to keepe two horses constantly in a 
readines in their towne for publique service, w^h horses, as 
they are intended for the more quick dispatch of messengers 
firom place to place, and other publique service, so also that 
they be trayned vp in a millitary way, that they may be fitt to 
doe service in that kinde also, if there be occasion ; and though 
these horses at some time may, w^h leaue from the authority 
in y« place, be vsed by the owners for some short jumies, yet 
care must be taken that at least halfe of them be left at home 
readie for the publique service if called to it. 
[67] II It is ordered that while these times of danger last, and 
till further order bee giuen, the millitary company in each 
plantation in this jurisdiction shall trayne once a weeke, vpon 
such day as they shall judg most convenient for them, begin- 
ing at two aclocke in the afternoone, and so continewing a 
convenient season in that exercise, for the better fitting men 
to vse their armes when called to it, and that others may see 
wee are not secure in these times of trouble ; and that also 
a dilligent view of armes be forthwith made and a constant 
observation taken, that at no time men may be vnfitted or 
vnfurnished of what is necessary for their defence, and that 
euery plantation see that their watches bee duely attended, 
and the ward on the Lords dayes and other times of publique 


104 REOORDS OF THB [1654 

The last Oen: Court a comittee was chosen, who m the 
courts absence might act in publique buisnes in case things 
did suddenly present, but now that order is repealed, and the 
authority in euery plantation is to act, in case of necessitie 
when danger is discouered, so as they shall judg best for the 
publique safety, makeing things knowne to the gouemor w^h 
all speed, if y« case require it, that so the generall court (if 
hee sees cause) may bee called to consider & proTide for the 
good of the whole. 

It is ordered that the shooemakers in Newhauen shall be 
forthw^ desired, or if they refuse, pressed, to make three or 
foure dosson of good plaine strong shooes of the 10 : 11 & 12, 
such as may be fitt for souldiours, if they should be called to 
goe forth. 

The Court considered the occasion the jurisdiction is like 
to haue for laying out of sundrie charges in these times, and 
that at present there is not wherew^haU in stocke to paye what 
is oweing, did see cause to order that a rate of two hundered 
pounds be levyed from the seuerall plantations in this juris- 
diction, in due and equall pportions, w^h (because of the 
p'sent occasion) is to be paide in to the treasurer at New- 
hauen, betwixt this and the 10**> of July next, in such paye, 
and at such prizes, and Tnder the same penalty, as was ordered 
in leuying a two hundered pound rate the 29^^ of June, 1653. 
The seuerall pportions are as followeth, 

From Newhaven, 80»: 15": 10^. 

Prom Millford, 




From Guilford, 




From Stamford, 




From Southold, 




From Brainford, 




Some is = 200 : 00 : 00. 

[68] II Seuerall wrightings recorded concerning lands in 
question betwixt Stamford & Norwalk, w<^h vpon y« desire 
of Stamford is ordered to be recorded. 

This may certify that Pyamikee, Sagamore, did vpon the 
24^^ of March in y^ yeare 1645, make a deed of gift of all the 


land from that w^h. is coffionly called the pme brooke by the 
English, and that w^h is called fine mile river, or Roawaytou, 
where their planting land doth come very neere vnto the said 
land, was by a deed of gift made ouer vnto Andrew Ward and 
Richard Law, w<^h they did receive for the towno of Stamford, 
and at the same time did giue vnto the said Sagamore one 
coate, in the presence of Gteorge Slawson, and after that three 
more, wUi some quantity of tobaco, and y« said Sagamore did 
confirme the same by setting his hand to a wrighting then 
made. The said Sagamore vpon the gift did except agaiiiM 
setting houses, because the English hoggs would be ready to 
spoyle their corne, and that the cattell, in case they came ouer 
the said Hue mile riuer, would spoyle tlicir corne ; to w^h it 
was granted that to inhabit wee did not intend, and for our 
cattell wee intended they should haue a keeper, and in case 
any hurt was done they should haue satisfaction. That this 
land as aforesaid was by the said Pyamikee, in the p''scnce of ^ 
otiier foure or fine Indians, resigned for euer to y« English, ' 
in witnes whereof wee haue set to our hands. 

Stamford, 1*^ moneth 4^»», 1652. Andrew Warde, 

Richard Law. 

George Slawson in this testimony affirmeth, that vpon con- 
sideration of the land given and resigned to the English at 
Stamford, as is expressed, they gaue a coate to Pyamikee, w^h 
he received and set liis hand to the wrighting to confirme the 
same in his presence. 

George Slawson. 

This testimony, w^h what is next aboue written, was given 
in vpon oath by Rich: Law and Geo: Slawson, at Newhauen, 
the 31^*» of May, 1654, before me. 

Theoph: Eaton. 

Stamford, ) The testimony of goodman Ambler vpon 

May 26*h^ 1654 j oath, he affirmeth that he being at worke 
for M'. Stanton, and M^ Lords hoggs hauing done hurt in y« 
Indians corne, the Indians complained of it. M^ Stanton sent 
for the Indian Sagamore to come to spcakc w^h him, and the 
Indian that is called Pyamikee came, and the same Indian 
was allwayes owned by the Indians to be the SagamC of 
Rounkanheige since wee came to Stamford. 

Richard Law. 

This witnesseth that it was aboute the yeare 1647, or before, 
when M^ Stantons hoggs was at Stamford. Witnes Francis 
Bell, & Richard Law. 




106 RECORDS OF THE [1654 

Stamford, ) The deposition of William Newman, of 

May 27'h, 1654, j Stamford, 

The said depoii^ vpon oath testifyeth, that an Indian prefer- 
ring of sale of land to goodman Law, as goodman Law reported 
to the towne, the towne therevpon sent goodman Slawson and 
him to Pyamikec, the Sagamore of the said land, (as an Indian 
reported.) When to Piamikee then they eame, he sent an 
Indian wUi ns to show vs the land ; when wee saw it lying by 
Norwalke riuer wee returned home againe and went not to 
Piamikee againe aboute the same ; the towne hearing from ts 
how the land laye would not buy it because it would prejudice 

George Slawson vpon oath tostifyed what is written aboue. 
May the 31'*», 1654, in y« presence of Theophilus Eaton. 

[69] Stamford, 3 M^: 27, 1654. 

The testimony of Jeremiah Jaggar vpon oath, he saith he 
being at M^ Wards house, there was 4 or 5 Indians w^h M' 
Ward and goodman Law, and hee heard an Indian (Piamikee) 
say, he would giue a pcell of land to Richard Law and M . 
Ward, & the land lay betweene pine brooke and fine mile 
brooke, and the Indians that were there did say that Piamikee 
was now the sagamore of Ronkenhegue, and that the said 
Piamikee said he came w'h the consent of all the sagamors 
that were betweene vs and Sagatuck, and he did now resigne 
vp all the land from pine brooke to fine mile brooke for ours, 
onely the Indians would not haue the English build houses 
there, because the cattell and hoggs would spoyle their come. 
The English did grant that they would not, and that the saga- 
more did receiue a coate w^h some tobaco at the same time, 
and the sagamore said he would not sell the land, but giue it, 
and desired nothing but to buy a coate a litle cheaper tlien 
ordinary. All the Indians said, that all that they desired was 
if wee would be frends to them, for the Indians to y« westward 
came vpon them and tooke away their squaes & chilldren, and 
that the Indians intreated the English advice what to doe in 
redeeming of their women againe, and that the Indians would 
doe nothing w^hout the advice of the English. 

Tliis testifyed before me, Richard Law. 

Another there is, but some of it was tome of, but so much 
as is leigable is as foUoweth, 

damag done in y« Indians come w*h oxen, as much 
as was judged thirty bushells. Francis Bell and Richard 
Law make an agreem^ w'h the Indians for tweluo bushell & 
a halfe of Indian corne, and two bushell & halfe of pease, 

1654] jiraiSMonoR OP new haven. 107 

vee delitiered the come, and the pease were all satisfyed, 
witnes mj bend, the marke of the sachem Piamikee, now 
called Besolute. 

Resolute, his ) marke. 
That the Batisfactioii w'hin expressed was giuen to Piamikee 
for damage in come and by him receiued as was formerly 
agreed, was vpon oath testifyed by Richard Law and Francis 
Bell, the 31 "> of May, 1654, and that the marke wUiin was 
made by Pianukee at the same time, was testifyed vpon oat^ 
by Kchard Law. 

Before me, Tlieophilus Eaton. 

[70] At a Genxrall Codht held at Newhaden foe the 

JUBISDICnON, THE 23'li OP JUNE, 1654. 

Theophilus Eaton, Esq'. Gouernor. 
M'. Step"- 

Francis Newman, ) 
Mr. Samuel Eaton, j for Newhauen. 
M' Benja: Fenn, for Milford. 

M..Gibl«rd, 1 New Haven. 
Henry Lmdon,-) 
Robert Treate, [ Gilford. 
Thomas Welch, S 
M'. Ghittendine, Guilford. 

f *^""«' JBrandford. 
Law: Ward, j 

The Gouernor acquainted the court w'h some letters he 

had receivd &om M'. Leete, from Boston, informing that the 

designe against y* Ducb is like to gee on,* and ttiat tliey liaue 

• Mbjot Robert Sedgwick and Capt John L«voratt, commiMionere from Cromwall 
bk the four colonlva, for tJie parpoefl of uniting thorn in hoatlle demonatrutiooB agrdoat 
the" Dutch oD Hodaona Biver uid at the Muihatoe«," mat the commissionen from the 
ootoniei tyt CoooaoCieat and Nsir Haven, at Chulea Town, Jnne taTentaeDth, 1664. 

108 BEGOBDS 0» TH£ [1654 

agreed ypon numbers of men, w«h is at least 800, (if more 
come in, it will bo acceptable,) w*^h is 300 volunteers from y« 
Massachusts, 200 from y« shipps, 200 from Oonnecticote and 
183 from this colony, w^h the court must now agree to raise 
in equall pportions ; which was done as foH, — from Newhauen 
50, from Milford 21, from Guilford 17, from Stamford 20, 
from Southold 14, from Brandford,* Newhaven and Millford 
hauing one or two loss in pportion then the rest, because of 
seamen that are to goe from thence, w^^h if not pvided for will 
put them abouo their proportion. Of w^h 133, these officers 
were chosen, Leiutennant Seely, captamc; Leiutennant Nash, 
leiutennant; Richard Baldwin, of Milford, ensigne; Serjant 
Munson, Serjant Whithead, Serja: Tibballs of Milford, & 
Serja: Bartlet of Guilford, serjants; Robert Basset cheife 
drumer, & Anthony Elcot to be vnder him; M'. Augar & Jn® 
Brocket surgions; and M^ Peircon is chosen and appointed 
to goe along w*h this company as their minister, for their 
incouragmS spirituall instruction and comfort; and the cor- 

Massachusetts and Plymouth had likewise been notified, but the former had only 
granted leave to raise within their jurisdiction to the number^ of 600 volunteers, pro 
▼ided the persons were free from legal engagements. Plymouth had sent two agents 
who signified her willingness to fall in with the design, but not having been duly 
empowered to enter into a special treaty they had returned home for the requisite 
instructions and authority. 

Under these circumstances, the two commissioners for Cromwell, Mi^'or John Mason 
and Capt John GuUick for Connecticut, with Mr. Leete and Mr. Jordan for New 
Haven, ** considering tlie necessity of expedition in that undertaking, did agree to sit 
as a council and proceeded to treaty." They ipund on enqnuy that not more than 
800 men could be relied on fVom Mass., and dbnsidering that as yet it was uncertain 
how many Plymouth would supply, the commissioners for Connecticut and New 
Haven agreed with the rest to undertake the work with such force by sea and land as 
were in view, if no more could be procured; hoping that (although the number should 
not rise to such a full or competent fitness for such an expedition as were to be desired, 
yet) we may rest upon the Lord for the blessing of success, when as he now calls to the 
work and doth deny further means of help. 

On the 20th of June, the commissioners who were still in session, at Boston, received 
intelligence that a competent force was in readiness, and on the same day was brought 
to them a printed proclamation announcing that peace had been cimcluded between 
England and the United Provinces on the 6th of April. On this the commLssloners 
agreed and declared, that as they began and have proceeded in compliance with their 
native coimtry' and in obedience to his highness' letters and commendation, so in like 
observance and compliance with the same authority they desist. 

Thurloe, St. P. ii. 419. Rec. of Mats, and Conn. 

* The number of men to be furnished by Branford, eleven, to make up the 188, 
appears to have been inadvertently omitted on the record. 

1664] JUBiBDionoN op nbw haven. 109 

poralls are Oorporall Boykine, John Coopr, Henry Botsfbrd 
of Millfordy and Thomas Steuens of Guilford, but this last is 
onely for this present service, and that he pceede no higher in 
any other office, because he is not a free-man, and that the v/ 
cheife miUitary officer be acquainted w^h it. 

The Court considering the great weight of this buisnes, and 
that all good success depends vpon Gods blessing, did there- 
fore order, that the 4^^ day of the next weeke shall be set 
apart by all the plantations in this jurisdiction, to seeke God 
in an extraordinary way, in fasting & praire for a blessing 
vpon the enterprise abroade, and for the safety of the planta- 
tions at home. 

The Oourt considered of what provissions were necessary to 
send forth w^h these men for a moneth, and agreed vpon 6 
timn of beare, 6 thousand of biskit, 9 bar: of porke, 6 bar: of 
beefe, 4 hogsheads of pease, 8 hogsheads of flower, 6 firkins of 
butter, 5 hundered of cheese, 8 ancors of liqours; trayes, 
dishes or kans, pailes, kettles, and that euery man haue a 
good fire lock muskit, w^h other armes suitable, a knapsacke 
w*h 1' of po"^ and 24 muskit buUits or 4* of pistoll shott ; & 
for a stock beside, in the whole two bar: of powder, 8 hunderd 
weight of muskit bullits A 1 C. of pistoll shott, w'h twenty 
spads & shouells, ten axes and ten mattockes, from each 
towne a pportion, onely for the present the court agreed to 
send but 8 tim of beare, 8 thousand of of biskit, 5 bar: porke, 
8 ban beefe, 2 hogsh. pease & 2 of flower, 8 fir. of butter, 8 C, 
of cheese, 1 ancor or two of liqours, and the full pportion of 
amunition as before. 

[71] II It is ordered that the charges of souldiors, horse or 
foote, whereeuer provided for, it shall be at y® jurisdiction 
charge in equall pportions. 

It is ordered that the magistrats and deputies at Newhauen 
shall bee a comittee to order matters w«h concernes this 
designe, but cannot now bee foreseene, as occasions present, 
and what the doe is to stand good as if the court did it. 

It is ordered, that Johnsons lyghter shall be pressed to 
attend the service, for transporting of men or provissions as 
there is occasions. 

110 RECORDS OF THE [1654 

It is ordered, that all vessells w<^h come into any harbour in 
this jurisdict., w^h may be fitt to attend this service, shall be 
made stay of for y« same, on behalfe of y® Gomon wealth of 
England, till farther order. 

It is ordered, that as soone as the army is past, watching 
and warding shfill begine in an extraordinary way, as may 
suit w*h euery townes conveniency and safety, and then all 
Indians are to be restrained from comeing into any of our 
plantations w^hout loaue. 

At a Generall Court held at Newhauen for the Juris- 
diction July 5**>, 1654. 



Theophilus Eaton, Esq"^, Gouemo^ 
M^ Stephen Goodyeare, Dept Gou*. 

Francis Newman j Newhauen. 
M' Samuell Eaton, ) 
M^ Benja: Fenn, — Milford. 
M'. William Leete, — Guilford. 


Mr. WiUiam Gibbard, j^^^^^^^ 
Henry Lindon, 

Robert Treate, j ^.^^^^^ 
Thomas Welch, ) 

Leiutent Chittendine, ) QnilfoTd 
Mf. Tho: Jordan, ) 

Rich: Law, ) q. - , 
_ . x> n { Stamford. 
Francis Bell, ) 

f'- ^^«' I Branford. 
Law: Ward, ) 

The Gouerno' informed the court that there were w*h him 
this day since duiner, two men, sent as messengers from the 
Dutch gouerno', to inquire of the truth of y« peace w«h they 

1654] JUBiSDionoN op new haven. Ill 

heare (by report) is concluded beetwixt England and Holland, 
who desired that two or three lines might be sent to certify the 
same, W^h the court desired y« gouernor to doe, and ordered 
that a copie of y« proclamation should be sent also; both w<^h 
were presently done, and the messengers dismissed. . 

The Gouernor read to y« court a letter he hath lately 
receiued from the Massachusets generall court, in answer to 
y« letter sent from this c5urt in Nouember last, and an answer 
to the same was read also, approved and ordered to be sent 
to Connecticote, that they may subscribe if they thinke meete, 
and so sent by a messeng' on purpose to Plymouth, that they 
may subscribe also if they approve thereof, but if they approve 
not, or cannot giue answer quickly, they are to be desired to 
aeale it, and dissmiss the messenger to goe to the Massachusets 
and cary it to y« gouernor there, and desire the answer of their 
generall court or councill ; but if it cannot be obtayned w^hout 
much delay, then to returne w^h such answer as they can gitt. 
And if vpon the pvsuall of this letter, Connecticote generall 
court agree not, but refuse or alter from it, then it is left to 
the magistrats & the two deputies at Newhaven to consider 
what answer to send. W^^h letter and answer are entred in 
the close of this court. 

[72] II It was propounded to know whether this court will 
chuse commission's to meete at Hartford at y® time appointed, 
seeing they heare that two of the other colonies haue chosen 
& intend to send. 

The Court, haueing found such ill fruit from y® Massachu- 
sets of y« two former meetings, are discouraged to send, yet 
that they might shew themselues followers of peace, and that 
they earnestly desire to continew their confederation vpon the 
termes it first began and for sundrie yeares hath bine caried 
on, did agree and chose the gouemo' and Francis Newman 
comission's for y« yeare ensuing, and pticularly for y« next 
meeting at Hartford, if it hold; and M*". Leete and M^ Good- 
yeare are chosen to supply, if y« providence of God order it so 
that one or both of y® other should be hindered ; but w*h this 
direction from y« court, that if the minde of y® Massachusets 
remaine as they haue formerly declared, w^h hath made y® 

112 BECOBDS OP THE [1654 

other three colonies looke vpon y^ confederation as broaken 
by the Massachusets, they conceiye their can be no fruit of 
their meeting but onely to consider y« 11**> Article, and require 
such satisfaction from the delinquent colonic as they shall 
judg meete; but not being willing to tye their hands, not 
knowing what may fall out, they leaue it to the discretion of 
their comissioni^s to act as they shall see cause in any further 
buisnes concerning y« confederation.* 

The Court desired^ the gouernor to wright an answer to y« 
Lord Protectors letter, in the name of tliis court, and send to 
him, as also a letter to the corporation, in answer to theirs 
now sent to this court, in w<^h answer they desire their willing- 
ness to hold the confederation may be exp'ssed, and the close 
tiiereof to be to such purpose as in y*' close of the letter now 
ordered to be sent to y*' Massachusets, yet refferring to a more 
full answer to be sent afterwards, when it is scene what the 
cofhission>^s doe at their next meeting, if y« case require it. 

The Court considering the peace now concluded betwixt 
England and Holland, and that all acts of hostillitie are to 
cease betwixt those two nations, and so ypon that ground the 
intended warr w*h the Dutch here ceaseth also, did order that 
all those lawes and orders w^'h haue bine made aboute stop- 
ping provissions, prohibbitting trade w*h the Dutch, aboute 
keeping horses in each towne for publique service, traynings 
vpon this occasion, or other orders w«h depend vpon the said 
warr, shall be now repealed. 

A letter was now by order of this court sent to the Sweeds 
at Delaware Bay, informing them of the proprietie w*^h some 
in this colony haue to large tracts of land on both sides of 
Delaware Bay & River, and desiring a neighbourly correspond- 
ency w^h them, both in tradoing and planting there, and an 
answer hereof, &o. 

The letter from y* Massachusets Gen: Court. 

Hono'«<i Gent. Wee receiued yo' answer to our faire and 
equitable pposition of a conforrencc, judged by vs a meete 
expedient to begett a right vndcrstanding of those things 
w<^li haue bine in debate betwceuc vs, but instead of a con- 
currance w^h vs therein, w^h wee expected would haue bine 

1654] jtJrisdiction op new hayen. 113 

readily attended, wee finde little but complaints against vs 
and a continewed insisting vpon 70'' first assertions, concern- 
ing w^h wee doe purposely decline debate by wrighting, haue- 
ing wearied ourselues by that course w^h the comission's 
[73] II at their last meeting, and though it be greiuous to vs 
that a diflFerrence of this nature should remaine vndecided, yet 
hauing vsed our vtmost indeauours, wee doubt not but to finde 
rest in the injoyment of our owne apprehensions, and to free 
ourselues from the vnjust imputation of the breach of covenant, 
sufficiently intimated and charged, especially in our counsells 
denying to raise forces agst Ninnigret, acoording to y^ vote of 
y« comission^s, w^hout alleading any thing in y* comission's 
determinations to be vnjust. 
To w^^h wee answer, 

1. The counsell judged it not necessary to prepossess y® 
seuerall colonies, our confederats, w^h the reasons of that act, 
but to leaue them free to their owne reason, w^h they had no 
cause to imagine to be dissonant from that act till they many- 
fest the same. 

2. Though the colonies haue declared their dissatisfaction 
to y« act of the counsell, yet let vs say, they haue bine as silent 
in asserting the justice of y« comission's determination as y« 
act of y« coxmsell y© contrary. 

3. The colonies ground their offence vpon our counsells not 
acting as the comission's determined. The counsell dares not 
act, because vpon pvsall and serious consideration of all y« 
motives presented by the comission»'s, the saw not ground of 

4. You may please to conceiue that the omission of y« 
reasons (in y« vote of y^ counsell) to render y^ comission'^s 
determinations vnjust in their denying to raise forces against 
Ninnigret, might candidly bee interpreted a civillity to y*" 
comission's in refferrcnce to their honour, so farr as might 
consist w*h our peace, and truly, Gent™, it would be no ofifence 
to vs to meete w'h y® like rcturnes. 

The ground of y« warr is declared to be Ninnigrets invasion 
and slaughter of some Indians of Long Island, whom y^ Eng- 
lish are no wayes ingaged to protect, according to y« judgmt 
of the commission'^s anno 1644. The English being therefore 
free, there was no necessitie of makeing warr, and where 
there is no necessitie there is as little justice. The foundation 
of the comission'^s determination for a warr thus fayling, wee 
conceive the other alligations in the declaration of the coniis- 
sion'^s will be invalid to bear^ vp the justice of their conclu- 
sions. Wee are not wanting in ourselues (and wee doubt not 
to the satisfaction of all indiflFerrent psons) of answers to y« 



114 RECORDS OP THB [1654 

forementioned alligations, but wee omitt them purposely, to 
avoyde plixitie. Wee profess ourselues passionately desierous 
of the continewance of our confederacie w*h you, according 
to y« genuine interpretation of the Articles and the true nature 
of the confederation, and that its a matter of no small greife 
to our spirits, (whateuer hath bine charged vpon vs to y« con- 
trary,) that wee cannot attayne a right vnderstanding betwixt 
vs, the w^^h, yet notw^hstandlng, wee shall still waite in expect- 
ation for, and in the meane time haue thought meete to giue 
you notice that our freemen haue chosen their comission's, 
whom wee resolue to impower as formerly, and shall (if the 
Lord will) attend that worke at time and place w^h the com- 
[74] missionJ^s of yo's and the rest of y« colonies, || desiring 
to wayte and rest vpon God for a happy and desired close, to 
whose gracious guidance wee comitt you, ourselues and 
affaires, resolving yet to continew yo' affectionate bretheren, 
frends and confederats. 

The Gtenerall Court of y« Massachusets. 
Boston, 13th June, 1654. 

Edward Bawson, Secret. 

The answer to the foregoeing letter. 

Much Honoured Gentlemen, Yo'^s of the 13*** of June, 1664, 
as a reply to our answer dated Nouem' the first, 1663, wee 
received June 27*^, w<^h answer of ours might haue seemed 
harsh and impertinent had it bine onely giuen to a faire and 
equitable proposition, but if you please to remember- how 
vncomfortably these colonies and their comission's were this 
last yeare exercised by yo"^ streyned interpretation of the Arti- 
cles of Confederation, seconded and confirmed by yo' counsells 
refusing to act according to y« agreem* and vote of seven of y« 
comission'^s, wee conceive you might well expect complaints; 
especially if you keepe in minde that yo'selues prepared, and 
at Plymouth anno 1648, presented it to y« comission''s as the 
intent or genuine sense of the said articles, that if any juris- 
diction or colonic doe not submitt and pforme, &c. after due 
admonition, then to be responsall to y® rest of y« colonies for 
breach of league or covenant; so that according to yo' owne 
interpretation then giuen, (w*h w<^h all the eight comission's 
fully agreed,) this refusall is a cleere breach of couenant, and 
80 falls vnder the 11^^ Article, to be considered and ordered 

1664] JUBiSDicnoN of new haven. 115 

by Ithe comission's of the other three jurisdictions; but it 
rather exceeds the scope and compass of that article, w^h 
speakes of y« breach of any of y* articles, whereas yo"^ coiin- 
sells refusall, compared w% the foregoing interpretation, 
seemes to be a premeditated & resolued breach of the whole 
confederation, no article standing in any force, if any one of 
y^ gen: courts, or their counsell, may giue such interpretations 
and make such refusalls ; and certainly any one of the other 
gen: courts may vpon better grounds (according to right) 
expect satisfaction from the Massachusets, for such a breach, 
then the Massachusets from Plymouth and Newhauen,.for the 
absence or late comeing of their comission'^s to the meeting at 
Plymouth 1662, being hindered by such ouerruling provi- 
dences, as may more fully appeare by compareing three 
wrightings, yo' order, dated October 19*^, 1652, Newhavens 
declaration or proposition, made the 29^^ of March, 1653, and 
yo' conclusion or resolution. May the 19*^, 1653. 

But more pticularly, as the other colonies haue declared 
their dissatisfaction w^h yo^ counsells refusall, so they haue 
sufficiently asserted the justice of the comission's determina- 
tion, (against w<^h they heard no objection,) in affirming that 
▼pon grounds in themselues satisfying, seuen of the comissioni^s 
[75] voted, &c. If all the eight || comissioners should deter- 
mine a warr, in it selfe as just as that Israel vndertooke against 
Jabin, king of Canaan, yet some one gen: court, vpon some 
apprehension or respect, (as Reuben, &c.,) may not pfess to 
see light, but object and dispute against it. Wee desire to be 
excused if wee apprehend it not as a civility, nor be taken w'h 
such a pretence, that in reflFerrence to the bono' of the comis- 
sion's any grounds to prove y« warr viijust were then con- 
oealed. Israelis forementioned warr might (as against Jabin) 
haue bine just in some former pt of those twenty yeares 
wherein they had bine so oppressed by him, though it seemes 
they thought it not necessary, but chose still to suffer rather 
then to seeke just liberty w*h further hazard. Notw^hstand- 
ing what passed at Hartford, anno 1644, diuers (who professed 
to know and remember what agreem^s were made w^h the 
Long Island Indians) did confidently affirme the English ha4 

116 RECORDS OF THE [1654 

coYenanted to protect them, and the receiving and payeing 
tributt may rationally imply some just defence in such a case. 
-Joshua & y« princes made peace and a league w*h y« Gibeon- 
ites to let them line, wee read of no covenant to protect them 
against the other kings of Canaan, yet the honour and safety 
of Israeli being concerned in it, they were (w^h ineouragm^ 
from Gk)d) defended against Adoni-zedecks rage, springing 
from their complyance w'h Israeli ; w^h suits the case in hand, 
the cause or rise of Ninnigrets quarell against the Long Island 
Indians being their faithfullnes to and dependance one y« 
English, as by the determination in question more fully 
appeares, but any express couenant or ingagement to protect 
them was not laide as any stone in the foundation for the 
warr. So that for ought yet appeares, wee may safely p'sent 
and submitt the comission's determination and grounds, as 
they stand vpon record, to the impartiall & judicious examin- 
ation of our superiours in England. The foure gen: courts 
cannot w^h conveniency meete but by their representatives or 
comittees, and how farr they haue pceeded in those wayes to 
setle a right vnderstanding of the Articles you well know. 
The comission'^s were troubled, & witnessed against jo^ inter- 
pretation, in June, 1653, the two gen: courts for Connecticote 
and Newhauen did seuerally soone after, by an answer there- 
vnto, indeauo"^ to vindicate the Articles from so strange a con- 
struction, and in July they sent two of their magistrats and 
two of their deputies to labour yc recalling that interpretation, 
and setling the (then shakeing) confederation. Lastly, vpon 
an earnest and vnfeigned desire to prevent foreseene dangers 
and inconveniences, the comission^'s (though vnder some dis- 
couragm*) mett againe in Septembr, and spent divers dayes 
in agitations by wrighting w*h yo'^selues, but w^hout any reall 
fruit; so that, while things stood thus, to send either comis- 
sion's or comittee could (at best) but prove lost labour. 

Yet, might the combination, both in interpretation and 
execution, be againe firmely settled, according to the first 
intention and as it stood for tenn yeares together, these colo- 
nies (forgettmg what is past, and w'hout requiring other satis- 
faction) could humbly renew their couenant, freely close w^h 


you, and cheereftilly send to meete yo' comission's, in due 
maimer, time and place, w^h wee purpose to doe, hopeing yo' 
comission's will bring w*h them a cleare and satisfying cirtify- 
cate of yo' reality to continew the confederation, according to 
y« true and gramatticall sense of y® articles, whereof wee 
desire to heare by the first; w*^h, as we conceive, will tend 
much to y« bono' of God, the stopping the mouthes of enemies, 
the gladding the hearts of our frends, and to the peace and 
comfort of y® colonies. To the guidance and grace of the 
wise and faithfall God wee comend you, resting 

Yo' affectionate Bretheren & Frends, the Gen'^ll 
Court for Newhauen Colonic, 

Francis Newman, Secretarie. 
Directed, To y« Gouemo' of the Massachusts, 

To be comunicated to y« Gen: Court & Counsell there. 

It was sent to Connecticote to be subscribed and dated by 

them and sent away y« Bay by Plymouth, or otherwise as they 

shall thinke fitt, but subscribed at Newhauen, July 15^^, 1654. 

[76] At a Genbrall Court held at Newhauen fob the 
Jurisdiction, the 23'^ of August, 1664. 

Magistrats. Deputies, 

Theophilus Eaton, Esq^^, Gouerno^ M' . Gibbard, 

Francis Newman, 

Henry London. 

Mr. Samuell Eaton, Ij^ .g^^,^^ Robert Treate, 
M'. William Leete, j ^ ' Thomas Welch. 

W. Benjamin Fenn, J jjr. William Chittendine, 

M'^. Thomas Jordan. 

M'. Crane, 
Lawrance Ward. 

The (Jouernof informed the court that the occasion of /sailing 
them together at this time is some intelligence he hath had, 
first by some Indians, but more certainly by the magistrats of 
Connecticot, M>^. Wells and M>^. Clarke, that Ninnigret hath 

118 SECX)KDS OF THB [1664 

hired some other Indians, as Mohaukes or Wampeages, to 
assist him in cutting of y® Long Island Indians, or at least 
those that wee count our best frends, and that haueing done 
that, they intend, as it is thought, to cut of Yncas ; and that 
they thinke it of such weight as they intend to send Mapr 
Masson, w^h some few men and some powder and lead, for 
their better defence, and desire that this colonic would joyne 
and send Leiutennant Seely w^h some men and powder and 
lead also, for they thinke it not safe to sitt still a&d suffer 
those Indians w<^h are the English frends (as some of the 
Long Island Indians haue showed themselues to be) to be 
cutt of. 

The Court considered of what was propounded, and looke 
ypon it as a matter of great weight, and that there are hazards 
on both sides, for they are not willing to intangle themselues in 
the Indians quarrells, not ynderstanding the grounds thereof, 
yet would they doe something, if it might be, to secure them 
Indians w^h are our frends from their enemies, and after 
much debate, concluded and by vote declared, that they 
would send Leiutennant Seely w^h his boate to Long Island, 
to the Montaucot Indians, w*h twelue pound of powder and 
aboute thirty pound of lead, (w<^h come to aboue fifty shillings, 
y« payement to bee considered hereafter,) and w*h him another 
from hence, and order to take vp foure more at Southold, and 
so to declare to them Indians, that while they and the rest 
there cary it faithfully to y® English, they are frends to them, 
and that they haue sent them this powder, &c*, not to offend 
or hurt Ninigret, or any other Indians, but to defend them- 
selues, if they be invaded ; and that Leiutennant Seely treat 
w*h them Indians and Ninigret or other invaders, if they 
come while he is there, and pswade to peace, and to bring 
their matters before the comission^s at Hartford, at their next 
meeting aboute' a fortnight hence; but other wayes for their 
safety they leaue to their owne consideration; and that he 
call at the Riuers mouth to see if Major Masson will goe or 
send men or amunition w^h him in pportion to ours, to the 
same purpose, according to w^h Leiutennant Seely was to 
haue instructions giuen him by order of this court. 

1664] jubibdiction of new haven. 119 

[77] At a Geneball Ooubt held at Nbwhauen for the 
Jurisdiction, the 3^ of October, 1664. 


Theophilus Eaton, Esq% Goue^no^ 
M'. Stephen Goodyeare, Dept. Gou'. 

Mr. SamueU Eaton, ) ^^^ Newhauen. 
Francis Newman, ) 
M'. Benjamin Fenn, for Milford. 
M'. William Leete, for Guilford. 


Mr. Wmiam Gibbard, l Newhauen. 
Henry Lmdon, ) 

Robert Treate, ) ^^^^^^ 
Thorn: Welch, ) 

M'. Chittendine, | Q^jifoj^. 
M'. Jordan, 

Bichard Law, 

Francis BeU, 'Stamford. 

M'. Crane Urandford. 

Lawranc Ward, ) 

Stamford deputies were acquainted that the barrell of porke 
that they sent from Stamford, to helpe to paye for the amuni* 
tion, wanted, in porke and other charges to make it pass, six 
shillings and six pence, w^'h they must allow to the juris- 

Tlie conclusions of the comissioni's at their last meeting at 
Hartford were read to the court and approved, wherein it 
app'ed- that thirty one men were to be raised in this colony, 
to joyne w*h the other colonies vpon a designe against Ninigret, 
whereof sixteene were to be forthw^h sent from hence, to meete 
w*h some from the Bay and Connecticote, at Thomas Stantons, 
the 13^*» instant, for the takeing away the Pequotts from Nini- 
gret & attend other service, according to the cofhission and 
instructions giuen by the comission's, w^^h the court now 


120 BBCORDS OF THE [1664 

agreed to raise, which, w^h two seamen to cary them and their 
provission by water, makes eighteene men, whereof 8 are to 
be sent from Newhauen, 8 from Millford, 8 from Stamford, 2 
from Gilford, and 2 from Brandford. They also agreed of 
pvissions to be sent for a moneth as foUoweth, 6 barrells of 
beare, 5 C. of bread, one barell of beefe, i bar: of porke, 100^ 
of cheese, i barel of pease, and 8 gallons of strong water, w^h 
euery man 2^» of powder, & shot answerable for a stocke; 
beside 1^ of po' & shott answerable, w*^h every man is to cary 
w^h him; w^h some coats, euery man his knapsacke and 
muskit, and other fitt armes for the service, 6 trayes, 6 dishes, 
and one kettell ; and for the cheife officer for this colony in 
this service, the court chose Leiutennant Seely, and Seijant 
Jeffery for serjant ; and the other fiffceene men are to be forth- 
w^h pressed, that they may be in readiness to attend further 
service if they be called to it. 

It is ordered that vpon the 12^1^ day of this moneth, being 
the fift day of the weeke, shall be a day of humiliation, to 
seeke God for a blessing vpon this enterprise in hand. 

The Gouernor was desired to write a letter to M'. Winthrop, 
in j^ name of this court, to invite him to come and liue at 
Newhauen if he doe remoue from Pequott, at least for this 
winter season. 

[78] II Phillip Carwithy and Caleb Carwithy were complained 
of for traueling from Milford to Newhauen last Saboth day in 
the afternoone. Phillip appeared, but Caleb being sicke could 
not, he answered that it was to pursue Charles Taynter, for a 
debt of considerable valew, who fled from them from Pairfeild 
while they were treating aboute it, and they heard he was 
presently to goe to Virgenia, and so they were in feare wholy 
to lose it, and that they indeauoured to get a horse at Milford 
to come the afternoone before but could not, and they being 
weary w^h traueling were not able to come on foote. Hce 
was told there was no such hast but they might haue staide 
till the next day, for here was no vessell so suddenly to goe to 
Virgenia, and such things as these must not be borne w^h, but 
because it is the first time, and that they apprehended some 
danger of loseing the whole, the court is content that it shall 

1654] JUBiSDicnoN of new hayen. 121 

pass w^h an acknowledging of their miscariage in y« publique 
assembly after exercise, both here and at Millford, pvided that 
this bee no president to them or others who shall be found in 
the like miscariage hereafter. 

At a Coubt op Maoistbats held at Newhaitbn fob the 
jubisdicnon, the 18**> of octobb, 1664. 


Theophilus Eaton, Esq', Gouerno'. 
M'. Stephen Goodyeer, Dept. Gou\ 

M'. Samuell Eaton, ^ 

EVancis Newnm, iMagistrats. 
M^ Benjamin Fenn, 

M' . William Leete, 

Goodman Higby of Stratford informed the court that he 
bought a boate of the wife of Jonas Wood of Southampton 
and had it in possession, and coming to Southhold he mett w^h 
Jonas Wood who attached the boate, and by order from the 
constable there had it deliuered to him, Jonas Wood being 
bound to prosecute his attachment at this court, for w^h cause 
goodman Higby now appeared, but Jonas Wood appeared not, 
nor any for him. 

:? But to proue he bought the boate, he presented a bill of 
sale dated July the 28*^, 1654, also a testimony of Henry 
Easton vpon oath before goodman Grove of Stratford, to 
proue that Woods wife had formerly told her husband that 
she would sell the boate and he contradicted it not, and that 
she had sould a paire of oxen in his absence, w^h other goods, 
& received paye, &c. 

Richard Mills of Stamford, now in court, testifyed vpon 
oath, that ho had bought of the wife of Jonas Wood, (called 
Hallifax Jonas,) seuerall goods in her husbands absence, w^h 
her husband hath alowed of and received pay of him for them, 
also he hath bought goods of the said Jonas, and in his 
absence, vpon her demand, hee hath paide her for them, w^h 
he hath alowed also. 


122 RECORDS OF THE [1664 

But Jonas Wood not being here, there was no further pceed- 
ing at present. 

[79] II Mf. Linge, attumy for Capt. SUvester, appeared to 
answer M^. Leueridg in an action entered i^inst him at the 
court of magistrats in May last, but M^ Leueridg appeared 
not, nor any for him, wherefore the court declared the ingag- 
ment wherein Capt. Siluester stands bound, to be voyde. 

Thomas Stapley of Fairfeild informed the court that at the 
court of magistrats in May last, he entered an action against 
M*". Ludlow for slandering his wife, w^h consisted of three 
pticulars, two of which were then issued, but vpon the motion 
of Ensign Bryan, then and now atturny for M' . Ludlow, the 
third branch was r^spittcd to this court, that proofe might be 
prepared. The plantiflf therefore desired the court now to 
pceede and issue the third part, viz*, M' . Ludlow his charge 
at seuerall times that Thomas Stapleys wife had gon on in a 
tract of lying. That he so charged her was formerly proued 
by three testimonies vpon oath, w^^h were now read, and 
Ensigne Bryan demanded whether hee could proue against 
her such a tract of lying, he answered he had nothing to say 
in the case at present. Wherevpon the court considering the 
nature of the charge, her relation to the church at Fairfeild, 
and the censure such a tract proved might haue brought vpon 
her, by way of sentence ordered, that M^ Ludlow paye to 
Thomas Stapley, towards y« repairing his wiues name so 
de&med, w^h trouble and charge in prosecuting, the some of 
tenn pounds. 

Martha, now the wife of John Richardson of Stamford, 
was charged w*h fornication, proued by her being w*h child 
some monethes before marriage, and that to avoyde or stopp 
reproach, her husband had carried her to Roxbery in the 
Massachusets, where she was deliuered of a child in January 
last, at the house of M>^. Joshua Hughes, w^h child lined 
aboute or aboue a moneth and then dyed, but how and in 
what manner, the court thought worth inquirie. Sundrie 
wrightings were also presented to the court from Stamford, as 
the examination of John Richardson and his wife ; hee confest 
his wife was w^h child before marriage, that he knew it, but 


iimj^ bimeelfe to be the father of y* child, that he caried 
her from Stamford to Boxbery before childbearmg, to ayoyde 
the shame ; bemg demanded of y« court at what time hee did 
many Martha his wife now in question, he answered, aboute 
y« latter end of wheat harvest, and she had a child in January 
blowing. Martha confest her being w*h child before marriage, 
t)ut boldly affirmed she neither dia nor doth know who was 
the father of it, she being taken w^h a fitt of swooning in her 
masters house at Stamford, wa§ caried to bed in another roome, 
but knowes not by whom, when she came to herselfe she saw 
Joseph Qamesy in the roome, and conceives she had bine 
abused in her fainting fitt, but knowes not by whom, onely 
Joseph Gamesy and John Boss were in the house that euening. 
The examinations and testimonies of John Boss, goodwife 
Enapp, goodwife Stocke, goodwife Buxton, goodwife Webb 
and goodwife Emry, were read, and y« information of Joseph 
Mead her brother was heard, by all w<^h it appeares she had 
bine subject to some fainting & swooning fitts, mixed w^h 
[80] some short distempers of frensy, || but w^hall that she 
had, impudently and against her fall knowledg, denyed her 
being or haueing bine w% child, after she had bine deliuered 
of a child at Boxbery. 

So that vpon consideration of y© case as presented & con- 
fessed, the court could not but judg her guilty, both of knowne 
fornication and continewed impudent lying, beleeuing that no 
woman can be gotten w*h child w'hout some knowledg, con- 
sent and delight in the acting thereof, and that she deserves to. 
be publiquely and seveerly corrected by whipping, but consid- 
ering she is now great w'h child, and according to testimony 
apt to fall into the forementioned fitts, w*h due respect to her 
condition they ordered, that tenn pounds be paid as a fine to 
the jurisdiction w^hin a yeares time for her hainous miscariages ; 
for the due payement whereof John Bichardson her husband, 
and her brother Joseph Mead, did before the court as sureties 
ingage, and enterecPinto a recognizance of fifty pounds for y« 
same, and vnder the same penalty promised and bound them- 
selues that, betwixt this and the court of magistrats in May 
next, they would bring a satisfying cirtifycate from Boxbery 

124 RECORDS OF THE [1664 

concerning y« death of y« child, both w^h being duely pformed 
their ingagm^ and recognizance are voyd & discharged, but 
till then stand in force, and in j^ meane time if she duely 
acknowledg her sinn and truely declare who is y^ father of the 
child the court will consider of some further mittigation. 

At a Court op Maqistratb held at Newhaubn for this 
Jurisdiction, the 26*'> of January, 1654. 


Theophilus Eaton, Esq^, Qouemo'. 
M^ Stephen Goodyeere, Dept. Gou'. 
M'. Samuell Eaton, 
Francis Newman, 
M'. Benja: Penn, 
M^ William Leete. 

Lawranc Corneliusson, a Duchman, was called before the 
court and told that he is charged w^h seuerall great mis- 
cariages in affronting the authority set vp by this jurisdiction 
at Milford,in a verey high degree and contemptuouss manner, 
for when another Duchman who had bine scandalously, and 
for himselfe dangerously, drunke, and y® complainte of it 
brought to y® magistrate who sent the marshall for him, he, the 
[81] said Lawranc, answered he || should not come then, but 
when he listed, wherevpon the marshall returned, but quickly 
after the man that was drunke came on shore, and the mar- 
shall seized him and was carying of him before the magistrate, 
and the said Lawrance followed, crying aloude after the mar- 
shall. Stay you rouge. Stay you rouge, and in the magistrate 
house caried it w^h high contempt before all present, puting 
his hand to his mouth and pulling it backe in a scornfull 
maimer, as if he would say, doe yo"^ worst, I care not for you, 
and when the man should haue answeied for himselfe, he 
interposed, would not suflFer him to speake, but bid the deuill 
take him if he spake a word, and after put him out of the dore 
and bid him be gone, and that none might follow him he shut 
the dore and stood against it, and did vtter seuerall oathes 


w^h cursing before the magistrate ; then the magistrate told 
him he must now stay and answer, both for the offender whom 
he had so rescued^ and for his owne miscariag^ ; he then went 
away, and being sent for in, would not come, but said he would 
bee hanged and drawne first, and he would as soone come before 
tte deuill as before the magistrate, and the marshall being 
comanded to fetch him in, and if he refused to force him, he 
refused to submitt, and tooke his knife in his hand and held 
ft Tp and said, touch him who durst, and offering to take a 
sticke to make resistance, one struck him and broke his head; 
so they brought him back to y® magistrate, who repeating his 
miscariages to him, he told y« magistrat he lyed, though the 
marshall then present testifyed the truth of what the magis- 
trat said to his face; then he demanded to see the law against 
drunkenness and swearing, w^h being read, hee said. This is 
ike law of man, but not of God, and when the magistrate 
comanded the marshall to take charge of him, he would not 
submitt but said, kill him, hange him, he would not goe w^h 
him; and when the next day the court at Milford (hear^ 
ing of these miscariages) sent for him, he contemptuously 
refused to come but said, kill him, hang him, drawe him w% 
horses, he wotild not come, wherefore they referred it to y« 
court of magistrats, w<^h thing he also desired; and when he 
was gone from the magistrate he asked those that were aboute 
him, whether they knew the story of Samsons revenge vpon 
the Phillistines, how he tyed fire-brands betwixt the tayles of 
foxes and burnt their come, and bad them remember it, as if 
he thought the English were Phillistines and he purposed a 
revenge; and in-further discourse biding them kill, hang him, 
&c., he added he would rather be cast into the sea then 
buryed at Milford, his bones should not be in Milford, repeat- 
ing the story of Joseph, who would haue his bones caryed out 
of Egipt, as if Milford were as Egipt to him ; and to defend 
the Duchmans drunkenness, he professed himselfe to be a 
drunkard, and asked the English aboute him if they were not 
so, Haue not you, and you, bine drunke, adding that at the 
Mannadoes they were not punisht for drunkenness, but vsed 
after they had bine drunke to say, Qod forgiue vs, or be 


meroyfull to vs^ and that was enough; he asked also wh^ 
witnesses they had against him, and when he was told they 
had-many, he answered, Many false witnesses oame in against 

His miscariages being thus charged, he was told he had 
libertie to answer for himselfe, and if he objected against the 
truth of any of the pticulers, proofe was ready. The testimony 
of Samuell Hopkins vpon oath was brought in writting and 
read to him, and othef witnesses were come in pson from Mil- 
ford to testifye his seuerall miscariages vpon oath before him, 
but if he confest it, oathes may be spared. He said he sub- 
mitts to y« charge, for he was in such a passion as he remem- 
bers not what he did or spake, and is ashamed of it, and M^. 
Allerton (whom he desired might be p>^sent to speake for him) 
said he did beleeve tiiey were all true, for he had bine at Mil- 
ford and heard the thing confirmed, but thinks the man was 
in such a passion as he knowes not what he did. 

The said Lawrance was asked if he had any occasion giyen 
[82] him that || might cause him to cary it thus, he said no, 
but God left him & he is ashamed of it. 

After w<^h the court considering how he had contemned and 
trampled ypon authority, disturbed the peace of the jurisdio- 
tion, (beside his slighting or censuring the English,) that vpon 
his earnest suite the magistrats were now called from seuerall 
plantations at an ynvsuall and inconvenient time to keepe this 
court, that the marshall at Milford hath bine put vpon much 
attendance and vpon two jurnyes from Milford heither, w^h 
other testimony, because he had here, (beside what passed at 
Milford,) more then once pemptorily denyed some of his 
charges, and that the marshall at Newhauen, beside other 
attendance, had bine charged w^h his diet, lodging, &o.y did 
by way of sentence order, that Lawrance Comeliusson paye as 
a fine to the jurisdiction forty pounds, and that he make a due 
and publique acknowledgm^ of his miscariages, at Milford 
where they were comitted, owneing his sinn and shame for it, 
w®h if not pformed to satisfaction there, he is to be sent backe 
to Newhauen and the court will further consider of it. 

The 30^»> of January, a petition was p'sented from Lawrance 

1664] JUBiSDicrrm of new haven. 12T 

OomeliuBson, (while the generall court was sitting,) wherein ^ 
hee ownes his fayling ia generall pticulers, w^h a desire that 
both Ood and man would pass it by, acknowledgeth the fiauour 
of the court, and desires a continewation of y« same, mentions 
mudi loss he hath received vpon his vessell and in his goods, 
b^de the charge of his family w^h is greate, by w^'h meanes 
he is at pi'sent disabled to make payem^ of the fine of forty 
pounds imposed vpon him, and therefore desires the court to 
order a mittigation as they shall see meete ; vpon consideration 
whereof, the court saw cause to order, that ten poimds shall 
be abated and but thirty pounds remaine, vr^h vpon M^ Aller- 
tons request was agreed to be forborne three monethes, the said 
M'. Isaok Allerton senio' iugageing before the court, that 
w^hin three monethes from this time the said thirty pounds 
shall be paide to this jurisdiction. 

[88] At a Generall Cottbt held at Newhauen fob the 
Jurisdiction, the 30^** of January, 1664. 



Theophilus Eaton, Esq% Gouerno'. 
M'. Stephen Goodyeare, Dpt. Gou\ 

Mr. Samuell Eaton, j jjewhauon. 
Francis Newman, ) 
M^ Benjamin Fenn, Milford. 
Mr. William Leete, Guilford. 


M'. William Gibbard, j Newhauen. 
Hcniy Lindon, ) 

Robert Treat, j ^iifo^d. 
Thomas Welch, ) 

M'. Chittendino, j q^jj^^ 
George Hubbard, ) 

M'. Crane, Brandford. 

Lawranc Ward, ) 

128 BECOBDS OP THE [1664 

A petition was presented to the court by Leiutennant Seely, 
to desire the court to consider that he had suffered much loss 
by beeing called to attend the service of the jurisdiction, in the 
designe intended against the Duch in the yeares 1653 & 1654, 
both fayling as they kno^ir, he was disappointed, though hee 
had left his other occasions to attend therevpon. The court 
considered of what was propounded, and though they did not 
absolutely require his attendance therevpon, specially to y« 
former, but propounded the case to him, though in the latter 
they sent for him, yet that they might incourrage him in any 
service this way, they are willing to alow him fine pounds, w<^h 
they ordered to receive of y« jurisdiction treasurer. 

John Tompson and Humphery Spining propounded for 
satisfaction for themselues and boate for the voyage to the 
Narragansets, vpon w<^h they were, from the time they were 
pressed till they returned and were freed here, thirty dayes, 
for w<^h they require eight pounds, and six and thirty shillings 
two pence for damage they received in aples w^h they had 
loaden to cary to Longe Island, and ten shillings for two pare 
of shooes w<^h two of Stamford souldiours had. The court 
told them they might haue made a voyage to Quilford before 
they went, and haue eased the charge. They answered their 
boate wanted some mending to fitt it for the intended voyage, 
though she was sufficient for their occasions to the Island, and 
after she was mended the winde was against them. They 
were told that while they lay here on shore before they went, 
w<^h was nine or ten dayes, the court thinkes halfe paye suffi- 
cient, but that they may incourage them or any other whom 
the jurisdiction imployes, they shall onely abate them of what 
they demand fifteene shillings, for two dayes while their boate 
was a mending, and ordered that they should receive for them- 
selues & boate in the service, w^h the loss in their aples and 
for the shooes, nine pounds & fifteene shillings. 

A petition was p'sented by Thomas Munson and Coopr of 
Newhauen, on behalfe of a company of persons intending a 
remoue to Delaware Bay,* wherein they propound, that for 

* At a General Ck>urt for the town of New Haven November 2, 1664, the governor 
read a letter he wrote on the 6th of Jolj, bj order of the general oonrt, to the Sweeds 


the inlorgment of the kingdome of Christ, the spreading of the 
gospell, and the good of posteritie therem, that they may Hue 
ynder the wmgs of Christ, they would afford some inoonrrag- 
ment to help forward so publique a worke. 

1. That two magistrats, M^ Samuell Eaton and Mr. Francis 
Newman, may haue libertie from this court to goe in person 
at first, and in case they see not themselues called to lay out 
[84] so much of their estate || as is like to be disbursed in 
such an vndertakeing, that then it would please the court that 
out of the jurisdiction they may be honnourably provided for, 
as men that are willing to lay out themselues for the publique 

2. In case that there be an vndertakeing, they that goe may 
at first goe vnder the protection of this jurisdiction, and that 
in case of any affront tlie jurisdiction will ingage to assist, till 
by the blessing of Gk)d they may be able of themselues to set 

gOTenior, with his answer in Latin, dated Aagost Ist, and the answer of the commis- 
sioners to that, dated Sept 28d. At the same time he informed them that while 
attending the meeting of the commissioners at Hartford, several had spoken with him 
in reference to settling at Delaware Bay, if it might be planted. The town was desired 
to coosider which way it maj be carried on. After much debate about it, and scarce 
any manifesting their willingness to go at present, a committee was chosen, viz. Robert 
Seely, William Davis, Thomas Mmison and Thomas Jeffery, to whom any that are 
willing to go may repair to be taken notice of, and that if there be cause they treat 
with those of New Haven who have purchased those lands, to know what considera- 
tion they expect for them. 

On the 27th of November the conmiittee reported that they had spoken with sun- 
dry persons in the towne, but that not answering expectation, they got a meeting of 
the brethren and neighbors, and for the most part they were willing to help forward 
the work, some in person, others in estate, so the work might be carried on and founda- 
tion laid according to God; and at that meeting they desired that the governor and 
one of the magistrates, with ene or both the elders, might by their persons help for- 
ward that work, whereupon they had a church meeting, and propounded theh: desire. 
The elders declared they were willing to further the work and gfaid it was in 
hand, but Mr. Davenport said, in reference to his health he sees not his way clear to 
engage in it in person, nor Mr. Hooke, because his wife is gone for England, and he 
knows sot how God will dispose of her. The governor gave no positive answer, but 
said il m worthy of consideration. 

They fhrther informed that some from other plantations see a need of the work and 
are willing to engage in it, and the rather if it be begun by New Haven, and founda- 
tions laid as here and government so carried on, thinking it will be for the good of 
them and their posterity. 

They also declared that they had treated with the proprietors about the purchase of 
the land, and understand that they are out above six hundred pounds, but iffe willing 
to take three hundred pounds, to be paid in four years. 

It was propounded to Mr. Samuel Eaton and Mr. Francis Newman to go with the 
company, who took the matter into consideration, and on the 11th of December, signi- 
fied their conditional assent New Haven Town Records, ii. 168, 160. 


180 RECX)BDS OP fBE [1664 

'*^ a Ooclion wealth according to the fundam^taUs for gouenn^ 
laid at Newhauen. 

3. That seeing our numbers are yet small, aboute or betwixt 
50 and sixty, wee desire the court to consider what number 
they thinke may be a coomctent number, that wee may seme 
Gods pvidence and yet not let the worke fiedl for want of too 
great a number. 

4. That two great gunns and powder and what belcHigs to 
ihem might be granted. 

5. Seeing that most that haue purposes to goe doe onely for 
publique respects vndertake, and not for any need at present, 
and therevpon doe leaue their houses and land w*hout that 
improvement that they themselues did make, they desire that 
for some time, as the court shall thinke meete, they may be 
fSreed from rates and publique charges. 

6. Seeing that they whose hearts (Jod stirs vp to vndertake 
at first, are men for the generall of no great estates, and some 
cannot goe w^hout help, wee desire that a some of money may 
be raised in this jurisdiction, w<^h may be imployed, either to 
buy a small vessell that may attend the service, or otherwise, 
as shall be thought meete. Now that w^h occasions this last 
is not onely the sense of the great expence and charge at first, 
and the present need that some haue now, but also wee haue 
heard from sundrie, that generally men are willing to help on 
the worke, either by psons or estats. Thus beging pardon for 
our bouldness, and humbly d^re to comitt aJl yo' consulta- 
tions vnto the direction of .theGod of wisdome, and so remaine, 

Newhauen the 30**» Yo's to be comanded, 

of the 11*"^ moneth, 1654. John Cooper, 

Thomas Munson, 

in y« behalfe of th)3 rest. 

To w«i» the Court returned, 

That hauing read and considered a papr of some propositions 
presented by Thomas Munson and John Cooper of Newhauen, 
in the name and behalfe of sundrie psons of this jurisdiction 
and elswhere, appearing as vndertaker for the first planting of 
Delaware, in order to y« publique good of this jurisdiction and 
the inlargment and further advancment of the kingdomo of 
Christ in these parts, doe retume in answer as followeth. 

1. That they are willing so farr to deny themselues for the 
furtherance of that worke in order to the ends propounded, as 
to grant libertie to one or both of those magistrats mentioned 
to goe alonge w^h them, who, w^h such other fitt psons as this 

1654] JuaiSDioiaoN op nbw eaves. 181 

fXHirt tWL Bee meete to joyue v*h diem, msy be impowered for 
mannagiiig of aH matters of cirill gouerment there, aocording 
to 0uch comisrion as shall be giveu ^em by this court. 
[85] 2. That Qiej will either take the proprietie of all the 
purohased lands into tiieir owne Imids, or leaue it to such aa 
shall mdertake the plaiiting of it, provided that it be aod 
remaiae a part or member of tiiia jurisdictio. And for tbeit 
ineouragment tJiej purpose when Qod shall so inlarge the 
En^sh plantations in Delaware as that they shall grow the 
greater part of the junsdiction, that then due consideration 
shall be taken for the ease and convenienoy of both partsj as 
that flie gonemor may he one yeare in one part and the next 
yeare in another, and the dept. gouernor to be in that part 
where the gouemor is not, and that gen'U courts for makeing 
lawes may be ordinarily but once a yeare, and where the 
gouemor redds ; and if Ood much increase plantations in 
Delaware and deminish them in these parts, then possibly 
they may see cause that the gouemor may be constantly there 
and the deputie gouemor here, but that the lesser part of the 
jurisdiction be protected and eased by the greater part, both 
in rates and otherwise, w<^h they conceive will be both accept- 
able to God and, (as appeares by the conclusions of the comis- 
sion's, anno 1661,) most satisfying to the rest of the Ynited 

8. That for the matters of chai^ propounded for ineourag- 
ment to be giuen or lent, to help on their first beginnings, 
they will propound the things to the seuerall pticuler planta- 
tiODS and promore the buisnes for procuring something that 
way, and ^all retume their answer w'h all convenient speede.' 

" At «Baiienl Conn for New HftTcn Much 16di,ieu-&, Thatown wMlnibrmed 
that tlH oooaaloa of Ihli nwHag u to lot tbem andentaiid how Ihiogi art at prasant 
coucarniiig Delawais, doit John Cooper ii retomed ; be ficdi little enooungement in 
the B^r, few being wiliing to eogege in it it preeent, tad tbarefbre Hay may cooaider 
wiiMhsr to euTj it on theuMaivea or to let it bll. Ur. Ooodyeur uid notwittuCaiid- 
■tanding the diioouragameDti tnxa the Bay, if a conaiderable company appear that 
will go, be will adTODtore hi* pMMD and eetate to go with them in thatdedgn; bnt a 
report ofUuvaihipabahigooiiM to the Sweedi, teemi to make the boBlDen mora diffl- 
ealL Alter moob debate aboatit,itwaa Toled by the Iowa io this caie, that tbey will 
be at twenty or thirty poond charge, that Ur. Goodyear, Saqeant JeSery, and auoh 
other as they Ehluk Bt to take with them, may go to Delawan aod carry the coDimia- 
eknm latter md Inat with the Sweedi about a peaceable eettlement of tbe En^ieh 

182 BEOOBDS OF THE [1664 

The Court considering the sad state of things in Old Eng- 
land^ our native cuntry, as appeares by what intelligence thej 
haue received from thence since they came together, thought 
it their duty to set a day apart in the whole jurisdiction for 
humiliation and solenme seekeing of God in fasting and praire 
on their behalfe, w<^h is appointed to bee vpon Wedensday 
come three weekes, w^h will be the last day of February next. 

At a Coubt op Magistrats held at Newhauen fob the 
Jurisdiction, the 2^ op February, 1664. — ^Present, 

Theophilus Eaton, Esq'. Gouemo'. 
M'. Stephen Goodyeare, Deputie Gou*. 
M' Samuell Eaton. 
Francis Newman. 
M' . William Leete. 
M'. Benjamine Fenn. 

Walter Robinson of the age of fifteene yeares, a seruant to 
M'. Fowler of Milford, was called before the court and told 
that he stands charged for comitting that horrible sinn of 

upon their own right, and then after harvest, if things be cleared, company may resort 
thither for the planting of it. 

On the 9th of April, 1666, The town was informed that there were several who have 
purposes to go, but they conceive they want number of men and estate to carry it on, 
now if any be willing to further it in person or estate they may do well to delare it. It 
having been first made known to them that though they may go free and not engaged 
to be a part of this jurisdiction, yet they and all such as come after must engage upon 
the same foundations of government as were at first laid at New Haven, which were 
now read unto them, and though some objections were made, yet notwithstanding, the 
business proceeded, and divers declared themselves willing to further it. 

And for their farther encouragement the town granted, if any go and leave none in 
their tusdkj fit to watoh, their wives shall not be put upon the trouble and charge to 
hire a watchman, the persons only which are present being to carry on that aorvice. 
They also fhrther agreed to lend the company the two small guns which are the towns, 
or else one of them and one of the bigger, if they can procure leave of the jurisdiction 
for it, with at least half a hundred of shot for that bigger gun, if they have it, and a 
meet proportion of musket bullets, according to what the town hath, and also a barrel 
of that powder which the town bought of Mr. Evance. And concerning their houses 
and lands which they leave, what of them lyeth unimproved shall be fireed from all 
rates one year and a half fh>m the time they leave them, paying as now they do for 
what they improve. Then they shall have one years time more, that they shall pay 
but one pemiy ad tore ibr fenced land and meadow m they do at pneent 

Town Boo. iL 166-7. 

1654] JUBiBDicnoN of nsw haven. 138 

beastialitie, w^h a bitch, and therein abasing the nature of 
man in a most filthy way, and that vpon the Lords day. His 
examination before the court at Milford, w% a testimony of 
Edward Willson, a seaman, ypon oath, were read, w^h are as 

[A page of the Record containing details of the testimony is here omitted.] 

[86] The court, hauing heard the examinations, confession 
and proofe concerning Walter Robinson, by way of sentence 
declared, that his sinn is such as by the law of God and the 
law of this jurisdiction he ought to dye, and therefore the 
court dare doe no other but pronounce the same, that all 
others may heare and feare, and take warning not to comitt 
[87] II such wickedness. W«h sentence of death is to be 
executed vpon him by hanging ypon the gallowes, and that 
the bitch w*h Wh he hath committed this horrible wickedness 
be killed in his sight at that time, w<^h is ordered to be the 
first Wedensday in March next, that so in the meane time he 
may consider his sinn and repent and seeke to God in Christ, 
that mercy may be showed to his poore soule. 

M''. Samuell Goodanhouse informed the court that M'. 
William Westerhouse is in his debt a considerable some, both 
vpon pticuler accounts, and likewise in ptnershipp w*h him, 
w<^h he could not acquainte y« court w*h when that buisnes 
was tryed in y« court, because he was then prisoner at Pyall. 
He further said that hee heares the house of the said M^. 
Westerhouse is to be sould, he desires that he may buy it and 
set of his debt that way; hee was told, for his debt it must be 
proued to the courts satisfaction, and for the house, it is not 
M*". Westerhouses, but turned ouer to M*". Benzio for part of 
his debt, & if he buy the house he must lay downe the price, 
w^h must bee for the vse of the creditors as the court of magis- 
trats shall order, but the court now ordered that the house 
shall be sould by an inch of candell, the 13^^ of this moneth, 
he that bids most to haue it, for good, currant, cuntry paye, at 
currant price. 

184 bboobdb op thb [1665 

At a Court of Magistbats held at Newhauen fob y^ 
JuBisDiCTiON, the 28^*» OP May, 1666. 


Theophilus Eaton, Esq', (Jouerno'^. 

M'. Stepben Gk)odyeere, Dpt. Gou'. 

Mf. Samuell Eaton, ^ 

Francis Newman. [ n/r • ^ ^ 

M'. William Leete, >^<^trats. 

M^ Benjamin Fenn, J 

William Ellit and Hanah Spencer were called before the 
court & told that the court hath bine informed of some 
vncleane, filthy cariages betwixt them in William Benfeilds 
boate, and as Hanah Spencer hath said, she was by the said 
Elit forced therevnto, but Ellit denyed it, wherevpon Hanah 
Spencer was called to speake, who declared that she tooke a 
passage in William Benfeilds boate to goe firom Milford to 
Stamford, in the way as they went one night, when she was 
in y® cuddy, Benfeild then sitting at the dore, William Ellit 
came in to her and asked her if she would haue him, she 
answered it was not in her power, she was at the dispose of 
the church at Milford, but after this hee fell vpon her and by 
degrees got vp her coat^ and had carnnall knowledg of her, 
but w^hout her consent, yet she saith Benfeild was then in y® 
cuddy, they three lying closs one by another and she in the 
midest. Ellit at first denyed any such thing, but after did 
confeuss he had had carnnall knowledg of her, but not by 
force but w^h her consent, and that ho had endeauoured it 
that time she speakes of in the night but could not, but in 
the morning while the boate was sayling, he was at the 
[88] y helme, and being cold desired Benfeild to take y« 
helme, and he went into the cuddy to her, and she spake as 
pittyiug of him, saying he shaked w^h cold, and he laye downe 
by her and then w^h her consent did it, but forced her not. 

Hanah Spencer said it was not true, it was but one time 
and that was in the night when Benfeild was in the cuddy. 
She was asked how that could be a forced act, when another 
lay closs by and saith he cannot tell that any such thing was 

1866] juRiSDicnoH of wbw haven. 186 

done, nor did hear her cry ont, onelj one time he heard her 
saj w.% a mild Toyoe, IVilliam Ellit let me aloane; and 
Gregory Taylor of Stamford who was then in y« boate, and 
by reason his wife was sick, was kept awake all night, yet 
heard no crying out, w<^h she would haue done had not her 
consent bine gained; and further he testifyeth, that Hanah 
Spencer caried it pleasingly to William Ellit afterward, and as 
they both confess, fell into a further treaty of marriage in 
Benfeilds [Nresenc, who pswaded therevnto, and agreed to be 
married at Greenwitch, though after when she came at Stan^ 
ford she was ynwilling, hauing heard by the wife of Jn^ Gra- 
den, a Duch-man, that Elit should say to her husband, that he 
had got a sweet-heart who was an ygly creature but she had a 
good portion, and when he had got that, he would giue her a 
kicke, this was now testifyed by Jn^^ Graden vpon oath. 

William Benfeild was called and told that he is charged w^h 
seuerall miscariages w^h he must answer to, first that he hath 
neglected his trust, not lookeing to Hanah Spencer whom hec 
tooke into his boate, but hath by his negligence (and it is well 
if not by his consent) suffered her chastitie to be voyolated, & 
that he himselfe had in a filthy way touched her naked body, 
w^h he said was accidentall ; he was told it doth not so appeare, 
he hauing boasted of this w^h other filthy passages to the sea- 
men in M'. Mayoes vessell, and being ouerheard by M^ 
Leueridg, (who was then aboard,) and reproued for it, he 
said if he had known he had bine there he would not haue 
spoken so. Againe it increaseth his fault exceedingly that he 
suffered Ellit a second time (knowing of ther filthyness the 
night before) to goe into the cuddy alone w^h Hanah Spencer, 
and there to haue opptunity to doe so wickedly, and that he 
alowed of a treaty of marriage in his boate and pswaded there- 
vnto and was witnes of it, w^hout consent of parrents or any 
w^h had the dispose of her, w<^h carriages, though plaine and 
euident, yet he would not at first owne, but afterward confest 
the things were true, and for his sinnfull, words in M'. Mayoe's 
vessell, he is ashamed of them and ashamed to name them 
before y« court, and confessed he should haue bine more care* 
full of his trust and not haue suffered such treaties of mar^ 

186 RECORDS OF THE [1665 

riage, especially w^h William Ellit whom he knew to be 
naught, though for want of other help was forced to make vse 
of him in that voyage. 

The court hauing considered the misc€uiages of these per- 
sons seueraUy, proceeded to sentenc, and for William Ellit, 
though they-finde no satisfying evidenc that it was a forced 
[89] rape, yet it is a || hainious filthyness, and it is likely was 
begun in a way of force though after her consent might be 
drawne, but as fornication it is a great sinn and folly in a high 
degree, and seueerly to be punished, beside his inticeing to 
marriage, w^h a purpose declared that after he had got her 
portion he would giue her a kicke, &c. For w^h filthyness 
Ellit is to be seveerly whipped, and for inticing her to mar- 
riage w^hout consent of those who had the dispose of her, that 
he pay forty shillings fine, and that he beare all charges the 
jurisdiction hath bine put to aboute this buisnes, and remaine 
a prisoner till this sentence be fullfilled. 

For Hanah Spencer, the court lookes vpon her miscariages 
as great, though they conceive she hath bine drawne by cor- 
ruption and temptation, yet they cannot but judg that she 
deserues to be seueerly corrected, but considering the weak- 
ness of her body, (w^h is more then ordinary,) they order that 
she paye as a fine to the jurisdiction tenn pound, and that she 
bee p'sent at the whipping post when Ellit receives his cor- 
rection, that she may in some measure beare y® shame of her 

And for William Benfeild, because he did not at first attend 
his trust in lookeing to Hanah Spencer as he ought, and for 
giuing an opptunity a second time for Ellit to pfect his filthy- 
ness, for speaking filthy, base words, such as himselfe saith he 
is ashamed to name before the court, aboard M>^. Mayoes ves- 
sell, and that he would be a witnes of and a pswader to a mar- 
riage to be accomplished betwixt them, w^hout consent of those 
w<^h had the dispose of her, for all w<^h he is sentenced to paye 
fine pound as a fine to the jurisdiction. 

For Hanah Spencers fine of ten pound M>^. Prudden now 
ingaged to y« court to see it paide. 


And for the fine pound due from William Benfeild, Ensigne 
BTjftn ingaged to see it paide. 

John Knight was called before the court and told that he 
is charged w^h coiliitting filthyness in a sodomitticall way w^h 
Peter Vincon, his master Judsons boy, of the age of fourteene 
yeares or somewhat more. He denyed that he had comitted 
any such filthyness w*h him at any time, or w*h any other, 
since w*h the chilldren of Francis Hall, but he was told such 
things would be proued against him, wherevpon a testimony 
of Thomas Richards and Samuell Richards was read, w<^h is 
ypon oath, taken before the gouemor, w<^h they now in court 
before John Ejiight affirme to be true, w<^h testimony is as 

[Aboat three pages of the Becord are here omittci], aa containing matters of a 
nature deemed nnfit for pabUcation.] 

[91] James Clarke and his wife were told that they are 
exceedingly to blame, that knowing what a filthy fellow Jn® 
Knight was before w*h Francis Halls chilldren, and being now 
informed that he had begun this way of filthyness w^h their 
daughter, they would let her stay there and not complaine of 
him to publique authority. They said they did intend it, but 
goodman Judson promised he should goe away and while he 
was there they should not be together. 

Goodman Judson and his wife were told that they haue don 
exceeding ill in that they haue concealed these things from 
publique authority, specially seeing they knew Jn^ Ejiight 
what he was, and how neere death for filthynes of this nature 
before, for w^h he was punished and wore a halter, but by his 
meanes it was taken of. They haue neglected their trust and 
duty towards Mary Clarke and her parrents, leting Knight and 
she be alone together, thereby giuing him opptunity both to 
abuse and corrupt her, and that contrary to their promise to 
James Clarke and his wife, and not onely conceale it them- 
selues, but counsell Mary Clarke to conceale it also, all w^^h 
renders them very guilty. They said they did endeauour to 
keepe the asunder, but it was testifyed by seuerall that they 
hwe bine often together alone, in the meddowes, in y« woods, 


188 RECORDS OF THE [1666 

ia y« corne feilds, and two or three times in y® bame husking 
come, of w^h things goodman Judson oould not cleare faim- 

These things being largely and fully debated, the court 
tooke them into serious consideration, and remembering John 
Knights former cariage w^h the children of Francis Hall, a 
loathsome filthyness, for w^h he was then neere vnto death 
and therefore was sentenced (beside other punishment) to 
weare a halter aboute his neck, and hauing advised w^h the 
elders of the jurisdiction concerning John Ejiights noiscariages 
in all the forementioned pticulers, by w<^h it is evident he is a 
leud, prophane, filthy, corrupting, incorridgable pson, a noto- 
rious lyar, beside that sodomitticall attempt so proued, and 
other filthy defyling wayes, tending to the very destruction of 
mankinde, and this gone on in time after time, so that there 
seemes to be no end of his filthynes nor no meanes will 
reclaime him, whether publique punishment nor private warn- 
ings, wherefore the court cannot thinke him fitt to line amonge 
men, and therefore doe by way of sentence order, that John 
Knight be put to death by hanging vpon the gallowes. After 
[92] w<^h sentence, both to the marshall and || others, Jn*' 
Knight confessed that all that Mary Clarke charged him w4i 
is true, but denyes what Peter charged him w*h, in reflferrence 
to sodomitticall filthynes. 

For Mary Clarke, the court lookes vpon her as wofully cor- 
rupted by John Knight, as appeares by her owne confession 
beside other evidenc giuen in, and that she hath two much 
complyed w*h him therein, wherby a filthy disposition is 
wrought in her. The court therefore orders that she be 
seueerely whipped for the same, to see if it may please Qod 
to bless these stripes to worke out this sinnfull folly. 

For goodman Judson and his wife, the court considered 
their breach of trust and promise, in giuing Knight such 
opptunities to be alone w^h her, though they knew his filthy 
disposition formerly and now also, and that they haue con- 
cealed this from publique authority when they first knew it, 
whereby his sinn went on and Gbds wrath might haue broke 
out against the place for y« same, nay, his wife counsells the 


girle to conoeale it when she was examined, so that much of 
this mischeife is come by their neglect, for w«h William Jud- 
son is to paye tenn pounds as a fine to y« jurisdiction, that it 
may be a warning to gouemors of families to be more carefull 
and watchfdll ouer the charge and trust they take vpon them. 

For Peter Vincon, because he hath bine instrumentall in 
this filthy way w*h Jn° Knight, as himselfe now confesseth, 
three times, and because he concealed it and stiffly denyed it 
at his first examination before the gouerno>^, that therefore he 
be whipped, that it may be a warning to him and other boyes 
to take heed they Ml not into such courses hereafter. 

The Court hauing heard of some vncleane cariages betwixt 
Jonathan Couentrie, Thomas Tuttill and Mary Clarke, called 
them all before them and required of Mary Clarke to declare 
what Jonathan Couentry had done to her. 

[About a page of the Becord is here omitted.] 

[93] The sentenc of the court concerning these psons is, that 
Jonathan Coventry be for these filthy miscariages seuerly 

And Mary Clarkes former sentence of whipping further 

And for Thomas Tuttill, who shewes himselfe most penitent 
for his fault, and the principall part of his miscariag being 
onely testifyed by Mary Clarke and denyed by him, though he 
confesseth he spake very sinnfull words to her, of w^h he is 
ashamed, the court considering the matter as it is presented, 
agree to spare him from correcticm by whipping, and order 
that he paye forty shillings as a fine to the jurisdiction. 

A case depending betwixt Edward Higby and Jonas Wood 
was called vpon, but Wood being not prepared to proceed in 
y* case, Higby his atturny agreed to liaue it deferred till the 
court of magistrats in October next, or if sooner, till a court 
purchased by them for that purpose, and for securitie gaue a 
bond of thirty pound to Edward Higby. 

The last will and testament of Anthony Tompson late of 
New hauen deceased, was presented, made the 26*** day of 

140 RECORDS OF THE [1665 

December, 1654, witnessed by M'. Fetor Frudden, of Milford, 
vpon oatfa. 

An inventory also of the estate of the said Anthony was 
p'^sented, amount' to 41* : 19» : 10^, prised the 6**» of March, 
1654, by John Nash and Thomas Kimberly, and by them testi- 
fyed vpon oath to be a true aprisment, at a court held at New- 
hauen the 6^^ of March, 1654. 

[94] At a Court op Elections held at Newhauen for 
THE Jurisdiction, the SO^^ of Mat, 1655. 

Theopliilus Eaton, Esq', is chosen Oouerno^ 
M'. Stephen Ooodyeare, Deputie Oouemo'. 

M^ Samuell Eaton, ^ 

Francis Newman, I . 

M'. WiUiam Leete, rMagistrats. 

M^ Benjamin Fenn,^ 

The Gouerno' and M'. Leete Comission's, M^ (loodyeare a 
third man, M>^. Sam: Eaton a 4^^, in case on or both the other 
are hindered from y« service. 

M^ John Wakeman, is chosen Treasurer. 
Francis Newman, Secretarie. 
Thomas Kimberly, Marshall. 

At a Oenerall Court held at Newhauen for the Juris- 
diction, THE 80*>» of Mat, 1655. 



Theophilus Eaton, Esq', (Jouerno^. 

M^ Stephen Goodyear, Dept. Gou\ 

M'. Samuell Eaton, ) xt u 
Francis Newman, '[Newhauen. 

Mf . Benjamin Fenn, Milford. 
M'. WiUiam Leeto, Guilford. 



M'. WiUiam Gibbard, j ^r u„ 
Mr. John Wakeman, | Newhaueu. 

Leiutennaut Treat, ) «Ji/. _j 
Thom: Welch, J ^^^°'^^- 

Leiutennant Chittenden, ) n -i^^ ^ 
George Hubbard, 1 ^'''^^^^- 

Richard Law, ) r,. ^ -, 
Francis BeU, ] Stamford. 

?^f sSaine, } ^^^o^^' 

Cirtificates from the seuerall plantations being p^sented, 
read & accepted, a petition from Gregory Taylor of Stamford 
was read, wherein he desires to be freed from the seruice of 
watching and trayning, &c., because of some weaknes of body 
w^h is vpon him, to w^h the court answered, that they leaue 
it to Stamford to giue him all the priviledges and liberties 
w*^h the law aflfords. 

A petition also was presented from Jeremiah Jagger of 
Stamford, wherein he acknowledgeth his miscariages, justifies 
the courts proceedings w^h him, (March 22^*>, 1653,) and 
desires his fine of twenty pound may be abated and forgiuen ; 
to w^h the court answered, that while he cary it well and 
remaines in y® jurisdiction, they shall at present forbeare it, 
but not wholy take it off. 

[95] II The Gouemor remembered the court of some purposes 
w*^h haue formerly bine to set vp a coUedg at Newhauen,* and 

* At a General Court for New Haveo, May 22, 1654, " The towne was informed that 
there is some motion againo on foote concerning the setting vp of a Colledg here at 
Newhaven, w«>>, if attajned, will in all likelyhood prove verey benificiall to this place, 
bat now it is onely ppoonded to knowe the townes minde and whether they are willing 
to further the worke by bearing a meet pportlon of charge if the jorisdiction, vpon 
the pposall tiiereof, shall see cause to cary it on. No man objected, but all seemed 
wilUng, pvided that the paye vr^ they can raise here will doe it." 

The next year, at a General Court May 21, 1665, the subject was ** revived, & in 
some respects this seemes to be a season, some disturbanc being at p'sent at the cofledg 
in y* Bay, and it is now intended to be ppounded to the gen: court; therefore this 
towne may declare what they will doe by way of incouragmt for y* same, and it wonld 
be well if they herein giue a good example to y* other townes in y« jurisdiction, being 
free in so good a worke. M'. Dauenport and Mr. Hooke were both present vpon this 
occasion, and spake much to inoourag the worke,** and a committee was app<Mnted 
^ to goe to the seuerall planten in this towne and take from them what they will freely 
ghie to this worke." Town Beo. U. 161, 169. 

142 BECORDS OF THE [1655 

informed them that now againe the motion is reuiued, and 
that the deputies might be prepared to speake to it, letters 
were sent to the plantations to informe them that it would 
now be propounded ; he acquainted them also that Newhauen 
haue, in a free way of contribution, raised aboue three hun- 
dered pound to encourage the worke, and now desired to know 
what the other townes will doc. The magistrate and deputies 
from Milford declared that if the worke might comfortably be 
carried on, their towne would giue one hundered pound ; but 
those from the other townes seemed not prepared, as not haue- 
ing taken a right course, and therfore desired further time 
to speake w*h their townes againe and take the same course 
Newhauen liaue done, and they will then returne answer; 
and for a comittee to receive these accounts & vpon receipt of 
them to consider whether it be meete to caty on y® worke, and 
how, and whateuer considerations and conclusions may be 
meet for the furtherance of it, they agree that each towne 
chuse some whomo they will intrust therein and send them to 
Newhauen vpon Tuesday come fortnight, w<^h will be the 19^^ 
of June, to meete in y« afternoone, by whom also they promise 
to send the account, what their seuerall townes will raise for 
the worke ; the major part of w*^h comittee meeting, and the 
major part of them that meete agreeing, shall conclude what 
shall be done in this buisnes. 

M^ Allerton, Ensigne Bryan and M'. Augar appeared and 
informed y® court that, by reason of bad biskit and flower they 
haue had from James Roggers at Milford, they haue suffered 
much damage, and likewise the place lyes vnder reproach at 
Virgenia and Berbadoes, so as when other men from other 
places can haue a ready markit for their goods, that from 
hence lyes by and will not sell, or if it doe, it is for litle aboue 
halfe so much as others sell for; thev desire therfore that 
some course might be taken to remidy this greiuanc. The 
court approved of their proposition and thought it a thing 
verey just and necessary to be done, and sent for the baker 
and miller from Milford, who also appeared and after some 
debate did confess there had bine formerly some miscariages. 
The baker imputed it, or a great part of it, to the millers 


grinding his come so badly, w^'h the miller now acknowledgeth 
might be through want of skill, but he hopes now it is and 
will be better, w«h the baker owned, and, as M' . Allerton now 
mformed, his bread is at present better, after much debate 
aboute this buisnes, James Roggers was told that if after this 
warning his flower or bread proue bad, he must expect that 
the damage will fall vpon him, ynless it may be proued that 
the defectiunes of it came by some other meanes. 

By letters from Southold, from M^. Herbert, Leiutennant 
Bud and Barnabas Horton, and information now from John 
Peakin, (wherein himselfe is also concerned, haueing laid out 
some monies aboute the Mill and for rates, w<^h some refuse to 
paye to him,) the court vnderstands that that towne is in an 
ynsetled frame, w^h they are moued the more strongly to 
beleeve because they haue not sent their deputies to this court ; 
vpon consideration of w^h things, and out of a tender respect 
to them, desiring to setle the affaires of the towne in peace, it 
was though most meete that two magistrats should be sent to 
keepe court at Southold, w«h by vote were declared to be M'. 
Samuell Eaton and M^ William Leete, (w<^h is to be at the 
charge of Southold, w^h charges w*h other rates they are to 
see leuyed before they come away, w^h the fines for deputies 
absence at this court.) Vf^h two magistrats haue in this case, 
by order of this court, the power of a court of magistrats for 
tryall of causes and issuing of differrences of this nature 
amonge them. They haue likewise power from this court to 
chuse some officer or officers, as deputies or constables, as 
they shall see cause, from amonge the free-men there, to order 
the civill affaires of that plantation for the yeare ensuing, or 
till this court take some other order concerning the same. 
They are to call for cirtifycats of armes, amunition, number 
f96] of males, || the estate of the towne, w^h birthes, deathes 
and marriages the two yeares last past, no accoimt hauing 
bine brought in for them, and to inquire how their watches 
are caned on, and giue such answer to Leiutennant Budds 
letter, Barnabas Hortons, and M^ Herberts, (w<^h they may 
haue w^h them,) as they shall see cause when they come there, 
also to John Youngs proposition aboute prohibiting strangers, 


144 RBCOBDS OF THE [1655 

English or Indians, from fetching shells for wampom out of 
this jurisdiction w^hout Ijcense, provided, that all due meanes 
be Ysed to preserue peace both w^h English and Indians. 

The Grouemo' informed the court, and read to them a letter 
he had rsd from the planters at Oyster Bay, w*h a second 
letter from M'. Leuerich, dated at Milford, May 28th, 1655, 
desiring that their plantation may be admitted a member of 
this colony, vpon seuerall conditions therein exprest w«h will 
need weighty consideration, but because there is none of that 
plantation here to interpret their meaning in sundrie things 
propounded, and answer to such queries as the court should 
make, they cannot at present give any other answer but to 
deferr it for a time, and the rather because, if all other things 
were cleered, the consent of the comission»'s must be obtayned, 
to w«h they are bound by one article in y* confederation. 

The Deputies of Stamford propounded that they haue and 
doe still suffer great inconvenienc and damage by Greenwich, 
who pound their cattell oflFthe comon, beside their disorderly 
walkeing amonge themselues, admitting of drunkenness both 
amonge the English and Indians, whereby they are apt to doe 
mischeife, both to themselues and others ; they receive disor- 
derly children or seruants who fly from their parrents or mas- 
ters lawfull correction ; they marry psons in a disorderly way, 
beside other miscariages ; and therefore, if y« court see meete, 
they desire some course may be taken to reduce them to joyne 
w*h Stamford in this jurisdiction, and the rather because they 
pretend to shelter themselues vnder the comon wealth of 
England, who wee are confident will not approue of such 

The Court conddered of the seuerall pticulers, and remem- 
bred how Greenwich at first was by M'. Robert Peake, the 
first purchaser of the said lands, freely put vnder this juris- 
diction, though after Captaine Patrick did injuriously put 
himselfejand it vnder y« Duch, yet after, it was by agreement 
at Hartford w*h the Duch gou', 1650, to be resigned to New- 
hauen jurisdiction againe, and since, wee Jieare that the Duch 
doe exercise no authority ouer them ; all w<^h being consid- 
ered, the coortjSdid agree and order that a letter should be 


written to them from this court, (w<^h they desire y« gouemo' 
to draw vp,) and sent now by the deputi^ of Stamford, requir- 
ing them according to y« justice of y® case to submitt themr 
selues to this jurisdiction, w<^h if they refuse, then the court 
must consider of some other way. 

Ypon ^ debate betwixt the deputies of Newhauen and the 
other deputies concerning the provissions to be made for the 
court for y® future out of the publique treasury of the juris- 
diction, as formerly, those for Newhauen dissenting, it was 
agreed, that the deputies of Newhauen shall propound it at 
the next towne meeting, and if they approue of that way it 
shall so pass, but if not, then they shall let the other townes 
▼nderstand what they conclude of, that they may know how 
to prouide for themselues.* 

It is agreed that if in any plantation in this jurisdiction 
there be none amonge the free-men fitt for a cheife millitary 
officer, it shall be in the power of the generall court to chuse 
some other man, as they shall judg fitt, in whom they may 

[97] II The Court being informed by Richard Law, one of the 
deputies for Stamford, that the free-men there had chosen 
Francis Bell their leiutennant, for ordering the millitary 
afiaires at Stamford, did now confirme him in that place and 

It is ordered that whosoeuer shall bring any strong liquour, 
of what kinde soeuer, into any harbour or other part of this 
colony, (vnless directly out of England, or out of some other 
part of this jurisdiction where custome hath bine paide and 
duely certifyed, as in the case of wines,) before he or they land 
or sell any of it, more or less, shall first make a true and full 
entry of the quantitie so to bo landed, by a note in writting 
deliuered to y« jurisdiction treasurer at his house, or to some 
ofiicer therevnto appointed, as in the case of wines, vnder the 
like penalty of forfeiture, w^h mittigatio if the case require it 

* The town of New Haven, at their meeting June 18, 1655, considering the subject 
of provision for the general court out of the jurisdiction treasury, voted that they saw 
no reason for it, but were willing to maintain their own deputies, and that the magis> 
tFAtes should be maintained at the public charge. Town Rec. ii. 170. 


146 RECORDS OF THE [1655 

as there, the one halfe to the jurisdiction, the other halfe to 
him that informes and prosecuts, and the owner or importer 
of any such strong liquour, as soone as he lands or imports 
and sells it or any pt of it, shall deliuer and paye to the said 
treasurer or officer, for euery anchour conteyning tenn gallons, 
six shillings and eight pence, and so for greater or lesser quan- 
tities, namely, after y« rate of eight pence a gallon, and the 
buyer, vnder y® same penalty, shall see that such entry and 
payment be duely made ; and that whosoeuer w*hin this colony 
shall at any time for sale or merchandize distill any sort of 
strong liquour, he or she shall w^hin seuen dayes after the 
same is distilled and so ready for vse or sale, giue in a like 
true note in writting of the full quantitie so distilled, to the 
treasurer or other officer, vnder the like penalty, and shall 
w*hin six monethes after, duely paye or cause to be paide to 
the said treasurer or officer, after the rate of eight pence a 
gallon for the full quantitie so distilled; and vpon proofe that 
any such strong liquour hath bine distilled and sould w^hout 
such entry and payement, the valew thereof shall be forfeited 
to the jurisdiction, vnless their appeare just cause of some 
mittigation, in w<^h case double the valew of y« said custome 
may be accepted ; and that no pson at any time retayle any 
sort of strong liquour w^hin this jurisdiction w^hout express 
lycense from the authority of the plantation w*hin the limitts 
whereof he so sells, and that due moderation bee attended in 
prises when it is so retayled, but that none of any sort be at 
any time sould for aboue three shillings a wine quart. Lastly 
it is ordered that if any distilling such strong liqueurs w^hin 
this colony shall by way of trade or merchandize, after he 
hath paide such custome, shipp and send forth of this juris- 
diction any quantitie of y« same, he shall for so much haue 
the said custome repaide, by the treasurer or officer who 
receiued it. 

The Gouernour being formerly desired by this court to view 
ouer the lawes of this jurisdiction, and draw vp those of them 
w*^h he thinkes will be most necessary to continew as lawes 
here, and compyle them together fitt to be printed, w<^h being 
done, were now read, considered, and by vote confirmed, and 


ordered to be printed w*b the articlee of coDfederation alao, 
and y" court further desired the gou' to send for one of the 
new booke of lawes In y Massachueets colony, and to view 
ouer a small booke of lawes newly come from Ihigland, w^h 
is said to be M^. Cottons, and to add to what is already done 
as he shall ttiinke fitt, and then the court will meete againe 
to confirme them, but in y" meane time, (when they are 
finished,) they desire y« elders of y" jurisdiction may haue y" 
sight of them for their approbation also. 

It is ordered that a publique seale shall be prouided at y* 
charge of y juriBdiction, wh is to be y seale of this colony, 
the bigness of it and y* impression to be vpon it they leaue to 
y" gouemour, and such other as he shall thinke fitt to advise 
w'h aboute it, to consider and order. 

Concerning quarter caske to be mtide in this jarisdicdon 
hereafter, it is ordered that they shall be and conteyne thirty 
one gallons, or w'hin halfe a gallon ouer or vnder, according 
to a law formerly made, August S"", 165S, and the order made 
in May last, alowing caske to be made but twnty eight gallons, 
is now repealed. 

[98] II It is ordered that the two faires, w=h were formerly 
ordered to be at Newhauen each yearo, are for the present to 
be forborne and not kept till this court sees further cause and 
giue order for the same. 

The Gouemour informed the court that he hath receiued 
from the gen: court of the MaBsachusets an order, wherby 
they confirme what their comission^s did last yeere at Hart- 
ford, in recalling their interpretation of the Articles of Confed- 
eration, so offensive to the other colonies, wh order is by this 
court accepted and appointed to bee entered next after the 
conclusions of y* comis8ion''s at that meeting. 

Francis Bell informed the court that the free-men at Stam- 
ford doe desire that Richard Law may be chosen constable for 
that towne for the yeare ensuing, but the court vnderstanding 
and further considering the occasions of Stamford and that the 
three deputies ther last yeare caried on things (for ought they 
heare) to good satis&ction, did thinke it most meete to chuse 
the same f^tune io the same trust another yeare, viz', Richard 

148 REOOBDS OF THB [1656 

Law, Francis Bell & Jn^^ Holly, who haue j^ same codiission 
to act by as they had last yeare ; and Richard Law had now 
the deputies oath administred to him, and if the other two 
accept of y« place, he is to administer the said oath to them at 
Stamford, but if they vtterly refiise, then they confirme the 
said Richard Law in the place of a constable, and giue him 
the said commission he had in that place the last time he was 
in it, and he now bindes himselfe by the oath now taken, to 
discharge that place faithfully according to his best abillitie. 

Old M'. Swaine, M^ Crane, Samuell Swaine and Lawranc 
Ward, are chosen deputies for Brandford for the yeare enaa- 
ing, and haue y® same power & authority comitted to them as 
they the same deputies had the last yeare; and M'. Crane and 
Samuell Swaine did now take the deputies oath, and were to 
administer the said oath .to y® other two at Branford. 

It was propounded to know whether Paugaset is not in this 
jurisdiction, but M'. Wakeman, one of the owners and at this 
present a deputie for Newhauen, desired a litle time of respite 
before he giues answer. 

The Gouemour informed the court that Richard Baldwin, 
if not some others of Milford, had bine w^h him and desired 
libertie from y« court to buy some land of y« Lidians aboute 
Paugaset, but the magistrate & deputies for Milford desired 
they might not haue leaue till they may more fully vnderstand 
the minde of their towne, to whom they thinke it will be 
offensiye if granted. 

It is ordei'ed that no tobaco shall be taken in the streets, 
yards, or aboute the houses in any plantation or farme in this 
jurisdiction, or w^hout dores neere or aboute the towne, or in 
the meeting-house, or body of the trayne souldio's, or any 
other place where they may doe mischeife thereby, vnder the 
penalty of six pence a pipe or a time, w«h is to goe to him 
that informes and prosecuts, w^h if refused is to be recouered 
by distress, in w<^h case if there be differrence, it may be issued 
w^out a court by any magistrate, or where there is no magis- 
trate by any deputie or constable ; but if he be a poore seruant 
and hath not to paye, and his master will not paye for him, he 
shall then be punished by sitting in the stockes one houre. 

1656] JURisDicmoN op new haven. 149 

It is ordered 'that if an iron worke goe on w^hin any part of 
this jurisdiction, the psons and estates constantly and onely 
in^loyed in that worke shall be free from paying rates. 

The Oonrt considering the occasions of j^ jurisdiction and 
what rate is fitt to be laid to cary on the same, and remember- 
ing tiie comission^'s are to meete here this yeare, beside other 
ordinary charges, did see cause -to order that a rate of one 
hundered and fifty pound shall be leuyed from the seuerall 
plantations in this jurisdiction, in due and equall proportions 
[99] according to their estates, w^h is to be paide || to the 
tf^psurer at Newhauen, the one halfe by the midle of August 
next, and the other halfe by the latter end of October next 
following, in good money, or merchantable beauour at price 
currant, in wheat at 5' p bushell, pease or rie at 4" p bush, in 
beefe at 8<i p i, or porke at 4^, all good and merchantable, and 
when either beefe or porke is packed in caske the salt and 
caske is to be added and alowed for, and if any man paye line 
cattell, they are to be prised by indiflferrent chosen for that 
purpose, or in any other pay that may satisfye the treasurer 
and answer y« jurisdictions occasions. The penalty for none- 
payement is as was ordered 27**» Octob', 1646. 

The proportion of euery towne is as foUoweth, 

1 I d 

Newhauen, . . . 67: 12: 10 

Millford, . . . . 28: 03: 07 

GuiKord, . . . . 21: 06: 07 

Stamford, . . . . 17: 18: 05 

Southold, . . . 13: 00: 04 

Brandford, . . . . 11: 18: 03 

150: 00: 00 

At a Court op Magistrates held at Newhauen for y« 
Jurisdiction, the 28*^ op Septebiber, 1655. 

Wh was purchased by Jonas Wood. 

Jonas Wood of Southhampton and Edward Higby of Strat- 
ford appeared to issue a case depending betwixt tiiem, con- 

160 RECORDS OP THE [1655 

ceming a boate, and what passed at a former court in October 
last was read, and simdrie testimonies were further presented 
by Jonas Wood, and Edward Higby againe deliuered in to y« 
court his bill of sale from Jonas Woods wife, and a testimony 
of Henry Eastons, all w^h were now read, but in pleading y 
case both plantifif and defendant saw themselues defective in 
cleering the case, wherevpon they both consented to issue the 
matter betwixt themselues, w<^h after some debate betwixt 
them they did and so declared it to y« court, and Jonas had 
his seuerall paprs deliuered to him againe. 

[100] At a Court op Magistrats held at Newhauen for 
THE Jurisdiction, the 17**» op October, 1665. 


Theophilus Eaton, Esq', Gouerno'. 

Francis Newman, 1 Newhauen. 

M^ Benjamin Fenn, > Magistrats, Milford. 
M'. William Leete, ) Guilford. 

Nathaniell Kimberly, plawt\ ) 

M Fish of Stratford, defendtj ] Nathaniell Kimberly declared 
that John Fish hath accused him & Joseph Whitman of comit- 
ting loudness w^h his sister in law Sarah Eland, and to proue 
he had so charged them, presented a copie of y« oath of the 
said John Fish, taken before authoritie at Stratford y« 18'*» of 
September, 1664, wherin he saith plainly that he did see the 
two men before named comitting loudness, defyling or abusing 
the body of y« said Sarah Eland, w«h oath was now owned by 
the said Fish to be his testimony. But the plant, further to 
cleere himselfe declared, that this buisnes was in the court at 
Pairfeild, wherin both he and Joseph Wliitman were cleered 
from the said charge, two other confessing themselues to be 
the men, namely Robert Cranfeild, who is here present to 
affirm it againe, and^James Blackman who hath sent a note 
vnder his hand that he was the other, and Fish also confesseth 
that his sister Sarah Eland saith they were the two men w^h 
her, and not Nathaniell Kimberly, &c. Robert Cranfeild was 


called, and vpon oath testifyed, that being a husking come at 
M'. Hollies, after they had done they went to a neighbours 
house and staide aboute an hower, James Blakman and he 
went to looke oxen, and aboute John Fish his house mett w^h 
Sarah Eland and staide a litle, talking w^h her, John Fish 
came out & said. Here is good doeings, thou rouge Kimberly, 
I know the well inough, but Nathaniell Kimberly was not 
there. James Blakeman testifyeth vnder his hand that him- 
selfe w^h Robert Cranfeild was w*h Sarah Eland when John 
Fish came forth and said, Thou rouge Kimberly, I know the 
well enough, and that he had allready taken oath that they 
were the pties w*h her, and not Nathaniel Kimberly, and shall 
take oath of it againe if legally called therevnto. 

John Fish was asked what he said to it, he said to liis appre- 
hension the oathe he hath taken is true, he was told his oath 
doth not so run, but is absolute, and therfore he should haue 
bine verey cleere in it, but if he can say no more to cleere 
himselfe, he hath laide a gross slander vpon the two young 
[101] men charged, || and comitted perjury, takeing Gods 
name in vayne, in takeing an oath which now appeares to be 

Joseph Whitman was plantiff against the said John Fish, 
for the same thing, and John Fish was asked if he can say 
anything more to cleere himselfe in this case then in the 
former, he said he can say litle, but leaues it to the court. 

After consideration, the court proceeded to sentenc, and 
told John Fish that for the matter of perjury, they medle not 
w^h it, but leaue it to the authority in that colony where it 
was comitted, but for the slander, it is high and heauy vpon 
both the yoimg men, as doth plainly appeare by the euidence 
giuen in, and therefore he is to paye to each of them, (namely 
Nathaniell Kimberly and Joseph Whitman,) fine pound, the 
charges of the coiu*t being included, and Phillip Groue and 
M^ Holly of Stratford ingaged that the said somes should be 
paide w^hin three monethes. 

Elizabeth Godman was called before the court and told that 
vpon grounds formerly declared, w^h stand vpon record, she 
by her owne confession remaines vnder suspition for witch- 


152 RECORDS OF THE [1655 

craft/ and one more is now added, and that is, that one time 
tliis last summer, comeing to M''. Hookes to beg some beare, 
was at first denyed, but after, she was offered some by his 
daughter which stood ready drawne, but she refused it and 
would haue some newly drawne, w^h she had, yet went away 
in a muttering discontented manner, and after this, that night, 
though the beare was good and fresh, yet the next morning 
was hott, soure and ill tasted, yea so hott as the barrell was 
warme w'hout side, and when they opened the bung it steemed 
forth ; they brewed againe and it was so also, and so contin- 
owed foure or fine times, one after another. 

She brought diuers psons to the court that they might say 
something to cleere her, and much time was spent in hearing 
y°», but to litle purpose, the grounds of suspition remaining 
full as strong as before and she found full of lying, wherfore 
the court declared vnto her that though the euidenc is not 
sufficient as yet to take away her life, yet the suspitions are 
cleere and many, w^h she cannot by all the meanes she hath 
vsed, free herselfe from, therfore she must forbeare from goo- 
ing from house to house to give offenc, and cary it orderly in 
the family where she is, w^h if she doe not, she will cause the 
court to comitt her to prison againe, & that she doe now pres- 
ently vpon her freedom giue securitie for her good behauiour ; 
and she did now before the court ingage fifty pound of her 
estate that is in M^ Groodyeers hand, for her good behauiour, 
w<^h is farther to be cleered next court, when M'. Goodyeare 
is at home. 

* On the 7th of August, 1655, Mrs. Godman had been brought before the town court 
of New Haven, the old charges against her, in August, 1668, were brought up again, 
and several fresh ones added of a similar character. Goodwife Thorpe, whose chick- 
ens had formerly been " consumed in y* gisard," had been in fVesh trouble about her 
cows; some had been afflicted with reference to their pigs and calves, others had 
*» met w'h many hinderances" in churning, and Mr. Goodyear havmg " warned her to 
provide her another place to Hue in," had mot with ** a very great disturbance in his 
family in the night," etc. 

The court ordered '* that she be comitted to prison, ther to abide the courts pleasure, 
but because tlie matter is of weight, and the crime whereof she is suspected capitall, 
therefore she is to answer it at the court of magistrals in October next" She was, 
" w<^ respect to her health," released from prison Sept 4th, though warned at her peril 
to appear at the court of magistrates, and was told that she must not go up and down 
among her neighbors to give offence, nor come to the contribution as she hath formerly 
done. She was suffered to dwell in the family of Thomas Johnson, where she con- 
tinued till her death, October 9th, 1660. N. H. Town Bee. ii. 174, 179. 



[102] At a Geneball Ooubt held at Newhauen fob the 
Jurisdiction, the lO^** op October, 1656. 


TheophCus Eaton, Esq', Gouemo' . 

Francis Newman, 1 

M^ William Leete, > Magistrats. 

M'. Benjamin Fenn, ) 


M'. John Wakeman, ) vr^„i,«„^^ 
Mr. WiUiaii Gibbard, | Newhauen. 

Robert Treate, ) TLr:i/v.^j 
Thorn: Welch, j Gilford. 

Leiutenn* Chitendine, ) (i„jifop^ 
Georg Hubbard, ] 

A letter from Southold from Jn® Tucker was presented and 
read to the court, wherin he informes of his abillitie and 
intendment to make Steele there, or in some other plantation 
in this jurisdiction, if he may haue some things granted he 
theria propounds, w^h the court considered of, and for that 
W^h concernes the jurisdiction, they are willing to grant, and 
for that w<^h belongs to Southold, as the takeing clay or wood 
out of any mans ground, they leaue it to the towne where he 
setts it yp, not being willing in this case to medle w^h any 
mans proprietie. 

The conclusions of the comission^'s at their last meeting at 
Newhauen were read, wherein they tooke notice of a letter 
that Major Willard wrote to the comission^s, w^h a narrative 
of his pceeding last yeare against Ninigret, and of the comis- 
sion^^s answer to him, and for the matter therin refferred to 
the seuerall gen: courts, they are willing to suspend their 
owne thoughts till they may know what the other collonies 
doe, but by what appeares to them, they see cause to judg 
that he did not attend his comission. 


164 tUBOORDS OF THB [1865 

It is ordered that all beare barrells to be made or sent forth 
of this jurisdiction, w<^h are reckoned for quarter caske, shall 
be of the same size that quarter caske are made for flesh, that 
is thirty one gallons, or w^hin halfe a gallon ouer or vnder, as 
it was ordered the last generall court. 

Vpon the desire of William Judson, and considering his age 
and weakness, the court abated him forty shillings of the fine 
of ten pound, laide vpon him by the court of magistrats in 
May last. 

And the same abatement is granted to Hanah Spencer in 
her fine of ten pound w^h was then laid also. 

It is ordered that during this time of the scarcitie of salt, 
no man in the jurisdiction shall paye to the treasurer any flesh 
for rates vnless he haue salt to pack it vp or be willing tb 
receiue it, haueing due meanes to dispose of it to some to 
whom the jurisdic. is indebted, and that (till the court sees 
cause to alter it) no beefe be paid for rates at aboue two penc 
three farthings a pound, and porke at three penc three faiv 
things, ynless it be paid w^h tallo and suit round, and then it 
shall goe at three penc and foure pence, and if it be paid in 
barrells, it is to be after the same proportion. 

It is ordered that a day of thanksgiuing shall be kept by this 
jurisdiction vpon the fourth day of the next weeke but one, 
which will be the last day of this instant October, for the 
mercies of the yeare past, and that that day fortnight, w<^h 
[103] will be the 14th of Nouemb^, shall be kept a day || of 
solenme humiliation to seeke Ood in fasting & praire, for our- 
selues, our native cuntry, and for the poore, distressed, afflicted 
protestants, w<^h are sorely persecuted by the duke of Sauoy. 

The lawes w<^h at the courts desire haue bine drawne vp by 
the gouerno', viewed and considered by the elders of the juris- 
diction, were now read and seriously weighed by this court, 
and by vote concluded and ordered to be sent to England to 
be printed, w^h such oathes, forms and presidents as the 
gouerno^ shall thinke meete to put in ; and the gouernc^ is 
desired to write to M^ Hopkins, and M*". Newman to his 
brother, to doe the best they can to get fine hundered of them 
printed and sent ouer heither, and that they would lay out the 

1656] JTTBiSDicrnoN of new haven. 166 

money, w<^h the court conceiaes will be aboate ten pound, 

and they leaue it to the gouemo' & Francis Newman to agree 

w^h Ensigne Bryan or some other, vpon as good termes as they 

can, to paye ten pound for them in England, or if they cannot, 

to finde ont some other meanes, by sending some pvission to 

Barbadoes, though it be to the valew of twenty pound, that 

the pduce of it may be sent to England for the jurisdictions 

Tse ; and that so soone as they are fitt to send away, if no 

opptunity present to send them to the Baye to goe by the next 

shipps, that they hire a messenger on purpose, to cary them 

at the jurisdictions charge. 

The Court declared that the law aboute fences, now made & 
ordered to be printed, is not to alter any just agreement aboute 
fences, in any plantation, formerly made and now standing in 

The law concerning straies now ordered to be printed, is 
for the most pt the same as before, yet there being some things 
in it altered, the court thought meete to declare and order 
that those alterations should now be published, and from the 
said publication be of force in y<^ jurisdiction; and first, 
whereas it was, that if w^hin two yeares the owner appeare, he 
should haue the valew of y stray or goods according to the 
forementioned apprisment, now it is ordered to be w*hin three 
yeares ; and whereas before, all charges being paid, the straye 
or goods went wholy to the finder if the owner appered not in 
that time, now it is ordered that after all damages or charges 
to the finder & officers is deducted & paid, the rest shall by 
sentenc of the plantation court, or where there is no court, by 
indifferrent men chosen, be ordered & equally deuided, the 
one halfe to y« plantation, the other halfe to y« finder. 

To prevent much inconvenienc w<^h may grow by gameing, it 
is ordered that no pson who either as an inkeeper or seller of 
strong liquor's, wine or beere, intertaines strangers or others to 
lodg or eate or drinke, shall pmitt or suffer any to vse the game 
of shufBe board, or any other gameing, w^hin his house or lymits, 
vnder the penaltie of twenty shillings for euery time so offend- 
ing, and what euer pson or psons shall so play or game in any 
TOch house or place or In any other gameing house, wher ther 


18 Gommon resort to such playe or gameing, shall forfeite for 
euery such ofifence fiue shillings, and whosoeuer shall so plaj 
or game for money or money worth, shall further forfeite 
double the valew thereof, one halfe to the informer, and the 
rest to the plantation w^hin the lymitts whereof he so played 
or gamed. 

Richard Baldwin of Milford declared to the court that he 
hath ynderstood from them that they did desire some further 
information aboute Paugaset, he hath accordingly indeauoured 
[104] II to speake w<h them who haue an interest there, and 
hath spoken w^h all but two, and they haue made their minds 
thus farr knowne, & desired to informe the court that they are 
thankfoU that the court will take that matter into their con- 
sideration, and that they are verey willing and desierous to 
haue it ynder this jurisdiction vpon the considerations here- 
after exprest. 

1. First, that they may stand vpon their owne account in 
relation to y* jurisdiction, w^hout beeing vnder any other 

2. That they may haue alowanc of the court to purchase 
convenient lands for y« accomodations of a small plantation 

8. That they may haue libertie to chuse out from among 
ihemselues one that may be a help to them to cary on the 
afibires of the place, that things may be proceeded in orderly, 
and that he may be impowered to call meetings, put warrants 
in execution, w^h authority shall send theither, and moderate 
things for y« peace and good of the place. 

4. That the court would be pleased to forbeare them any 
rates for foure or five yeares, for they must now paye y« pur- 
chase at present and be at charge to purchase more, they haue 
also their interest at Milford and shall be lyable to rates there, 
beside other large expences w«h such new beginnings call for. 

To w^h the Court returned this following answer to Rich- 
ard Baldwin, who appeared in y« name of y« rest. 

That they had considered the seuerall things propounded, 
and according to their desire they doe accept him and y« rest 
of y* company, (whose names were now giuen in,) and the 
place called Paugaset, vnder the jurisdiction, and from heno- 
fbrward shall looke vpon it as a pt thereof. 

1656} juBfflDioiioN or skw hitxn. IST 

1. And first, the court giues liberde that if y place vpon a 
■eriooB Tiev be fijUnd fitt for a small Tillage, they grant them 
libertie so to be, v'boai being vnder Newhauen or Milford. 

2. They doe also condescend that they shall haue libertie to 
purchase vhat lauds they can of y* Indians suitable to this 
Tillage intended, provided it be w'bout prejudice to these two 
plantations, or to y hindering of any other plantation that 
may be set vp hereafter further into y^ cuntry. 

3. They are willing that one from among themselues, such 
as the court shall approve of, shall be intrusted w'h power & 
authoritie to call meetings, execute warrants, moderate in 
oases of differrence, and take y* best course be can to cary on 
things in an orderly and peacable way. 

4. They are contented that what estate they haue wholy 
in^loyed at Paugaset shall bee rate free for three yeares. 

W<=b things were thankfully accepted, and Paugaset declared 
to be Tnder and a part of this juriBdiction. 

lUchard Baldwin was now appointed to be y" man to cary 
on 7* trust before mentioned, hee also now declared that they 
did intend to purchase large tracts of laud of the Indians, but 
when they haue done they should submitt it all to this court 
to alott them out such a proportion as should be thought meete 
for them. 

M^ Crane and George Hubbard, two of y present deputies 
and not interessed in this present question, were desired now 
before they goe home to take so much paines as to goe to Pau- 
gaset, (and that one from Newhauon and one from Uilford goe 
w'h y" to informe,) and that they would judg whether this 
village intended wilt be any such considerable prejudice to 
Newhauen or Milford, so as that it should be hindered thereby, 
aud to return their thoughts to y» gouerno', who alltogether 
may judg o£f and determine the case. 

158 BE00RD6 OF THE [1656 

[105] At a Court op Magistrats held at Newhauen for 
THIS Jurisdiction, the 26**» op May, 1656. 


Theophilus Eaton, Esq'. Goue^no^ 

M^ Stephen Goodyeare. 

Francis Newman, J 

M^ William Leete, > Magistrats. 

M'. Benjamin Fenn, ) 

The last will and testam* of Richard Mansfeild late of New- 
hauen deceased, was presented, made the 8**> of January, 1654, 
proued by y^ oath of Dauid Atwater and William Potter, at a 
court held at Newhauen y« 6^^ of March, 1654. 

An inventory of the estate of the said Richard Mansfeild 
was presented, amount, to 895: 01: 06, prised aboute the 
moneth of May, 1655, by William Bradley, Dauid Atwater and 
William Potter, and by them testifyed vpon oath to be a true 
apprismS at a court held at Newhauen 5'*> February, 1655. 

An inventorie of the estate of John Tompson late of New- 
hauen, was presented, amount, to 229^ : 08« : 04^ : prised by 
Richard Miles and Henry Lindon, and by them testifyed vpon 
oath to be a true apprismen^ at a court held at Newhauen 
the 5th of February, 1655. 

The last will and testam^ of Robert Plum of Milford, was 
p'sented, made the 25^^ of July, 1655, proued by his owne 
hand and scale, and witnessed to by Richard Baldwin A 
Michell Tompkins vpon oath, at a court held at Millford the 
17*»> of Decemb% 1655. 

An inuentorie of the estate of the said Robert Plum was 
presented, amount, to three hundered pounds two shillings 
five penc, prised by Alexander Bryan and Richard Piatt, and 
by them testifyed vpon oath to be a true apprism^, at a court 
held at Milford, the 7^^ of December, 1655. 

The last will and testam* of James Haines of Southold was 
presented, made the 21*^ of March, 1652, proued by his owne 
hand, and witnessed by M' . John Youngs, pastor of the church 
there, and John Herbert. 

An inventorie of the estate of the said James Hindes was 


also presented, amount, to 128: 05: 04^, made the 18^1^ 9^^ 
m9f 1666, prised by Barnabas Horton and Thom: More, and 
bj ihem t^tifjed ypon oath at Soathold, before the constables 

The last will A testam^ of M^. Frost of Southold was pre- 
sented, proued by the oath of John Gonckclyne and Thom. 
Brush before y« constables at Southold, the 17**> of May, 1656. 

An inuentorie of the estate of the said M' Frost was also 
presented, amount, to 29^: 01>: 00<^, prised by Barnabas 
Horton and Thom. More, and by theifi testifyed to vpon oath 
before the constables at Southold, made the 18«*» 9**> m<>, 1655. 

The last will and testam^ of goodwife Basset of Stamford 
was presented, made the 5^^ of 4^^ moneth, 1653, and now 
proued by M' . John Bishop vpon oath. 

An inuentorie of y« estate of Jn<> Whitmore was presented 
from Stamford, amount, to two hundered & seuenteene pound, 
foure shilling two penc, made the S*** December, 1648, prised 
by Robert Hustis & JeflFery Ferris. 

An inuentorie of the estate of Vincent Simkins, late of 
Stamford deceased, was p'sented, amount, to 50^-00-00, prised 
by Jn9 Holly and Jn® Waterberry, in Nouem' 1653. 

M"*. Herbert of Southold informed the court that James 
Hindes, of their towne deceased, made a will, (w^^h was now 
[106] presented to y" court,) wherin he giues || away his 
estate to his wife, but none to his chilldren, and he being one 
of the ouerseers appointed by the said will, hearing that his 
widdow was aboute to dispose of herselfe in marriage, went to 
her and desired her to giue something to the chilldren before, 
she said no, not till she dyed, but at last yeilded to giue them 
twenty pound a peece, but would not confirme it till goodman 
Dayton came, whom she was to marrie, and though he at first 
dissented, yet after yeilded to it, but when writings should 
haue bine confirmed she refused. 

Being now asked the reason thereof, she said her husband 
gaue it her and she would keepe it while she lined, she was 
wished to consider if her husband had giuen all away to the 
chilldren and nothing to her would not she haue bine consid- 
ered and releiued, men may not make wills as they will them 

160 BEOOBDS OF THB [1969 

seines, but must attend the minde of GK>d in doeing the same, 
who doth pyide that chilldren, (vnless weightie reason be to 
the contrary,) shall haue portions, and the eldest a double 
portion, therfore the rest must have a part, and the Apostle 
saith it is the duty of parrents to lay vp for their chilldren, 
therfore if they will consider and agree among themselues, it 
will well satisfye the court, but if not then the court must 
issue it. 

After some debate amonge themselues, they desired the 
court to issue it, who were informed by goodman Dayton that 
a cow and calfe is lost sine the goods were prised, and three or 
fbure goates, and y® house and land is prised very much too 
deare, also that the eldest sonn had his fathers tooles giuen 
him, all w^h the court tooke into consideration, and by way of 
sentenc did order, that the loss of y« cow and calfe w*h the 
goates, be borne both by mother and chilldren, and also what 
loss shall appeare to be in the house and land, and that the 
tooles be reckoned as pt of the estate, w^h were not before 
prised, & then the estate as it appeares to be, be equally 
deuided, one halfe to the mother, the other halfe to the chill- 
dren, out of w<^h the eldest is to have a double portion of w«h 
the tooles to be a part, and if the chilldren be put out to trades, 
w«h shall be done w*h the consent of ye ouerseers, what shall 
bee necessary in point of charge to put y™ forth shall come 
out of their owne portions, and till this be pformed by Ralph 
Dayton, his bond whereby he was bound to appeare at this 
court, is to stand in force, w^h bond was now deliuered to 
I^iutenant Budd, w^h order that when y© sentenc is fuUfilled 
he haue his bond in, and also a further discharge from the 
ouerseers for so much as they receive to improve for y« chil- 

drens vse. 

After w^h, goodman Dayton informed the court that what 
was done in the case betwixt his wife and chilldren doth well 
satisfye them, onely he further declared that before James 
Hindes dyed, he desired that M^. Herbert might be put out 
firom being one of the ouerseers and M^ Wells put in his 
roome. The court told him that they can doe nothing w^hout 
proofe, but if M'. Herbert desires to be free, and if it be proved 


that it was the mans minde before he dyed, they are willing 
Tpon goodman Daytons desire, that the two deputies now 
present, Barnabas Horton & William Furrier, should joyne 
with M'. Younge the other ouerseer, to take care of the chill- 
dren and their estates, that they may be put out to trades and 
their estates improved to their advantage. 

A case was propounded by one Benjamin of Southold, con- 
cerning two cowes w®h he hired of M'. Frost, who lined at 
their towne and is now dead, and as is testifyed vpon oath, 
[107] gaue his || estate to John Oonckclyne senior, of South- 
old, who now requires the two cowes of the said Benjamin, but 
he refuseth to deliuer them w^hout order from this court, 
wherefore it is now ordered, that the said two cowes shall be 
deliuered to John Gonckclyne, w^h the other estate of M^ 
Frost, and y^ deputies of Southold were now ordered to take 
securitie of the said Gonckclyne, that if any other can show a 
better right to the estate then he, he shall be lyable to make it 

A small estate was brought from Southold by M^ Jn^ Heiv 
bert, and by order from the gouemour was deliuered to the 
marshall who tooke an inucntorie of the same, and was the 
estate of one Bobin, an Indian w<^h some time lined at Flushing, 
but now lately at Southold, and is brother to Capsha, a Quell- 
ipiack Indian, (w^h Bobbin vpon some discontent hanged him- 
selfe at Southold.) The Court now considered to whom this 
estate did of right apptaine, and for their better information 
sent for the Indian sagamore and some other Indians, both 
young & old, and demanded who was the right hejre of this 
Bobbin. They all declared Capsha, who is his owne brother, 
though he hath another brother w^h is elder amonge the 
Mohaukes, but they know not but he may be dead, but if ho 
appeare, he must and shall haue a part, but from the court 
they would expect no more, if what is now in their power was 
deliuered to the said Capsha. Wherevpon the court conceiu- 
ing it to be right, ordered that Capsha shall haue that estate 
in the marshalls hand deliuered to him before witnes, takeing 
in writing what he so deliuers, and that he also haue a barrell 
of beefe w«h is at Southold, w^h he saith M'. Herberts man 


162 REOOBDS OF THB [1656 

proffered him ten faddom of wampom for, w«h the conrt 
approued of, onely the said Gapsha was told that he mtust 
paye to the marshall what is just, for trouble and time he 
hath spent & bine at in this buisnes. 

The Court vnderstanding their is some money due from M'. 
Hudson of Newhauen for the house he bought, (w«h was M"". 
Westerhouses,) to the valew of thirty pound or more, did 
now order that the said money be presently required, but if 
he will ingage to paye to the treasurer the said some due, both 
for house and some rent due before, in beauour a yeare hence, 
then he shall haue it still remaine in his hand vpon due 
securitie giuen, but if that be not accepted and he yet desire 
to reteyne the money in his hand, he shall giue such alowanc 
as is fitt in a moderate way for the good of the creditors, and 
binde himselfe and the said house for securitie of the same, 
the transacting of w<^h buisnes they wholy leaue to Newhauen 

John Mead of Stamford entered an action of y^ case against 
Richard Law of Stamford, and declared that the said Richard, 
being constable in the place and to execute justice to all 
in an equall way, had denyed justice to him in refusing to 
giue him an attachment to recouer some damage that he had 
suffered in his come. 

To w^h Richard Law answered, that he came for an attachm^ 
that he might take the estate of one w<^h he knew was not to 
paye, nor had he any thing to attach but the cloathes to his 
back, and they were not his owne neither, but he told John 
Mead that what was due for him (against whom he desired 
the attachment) to paye, he should haue the money paid him 
the next day, but he refused and would haue the mans estate 
for that w^\\ other men were to paye. 

In opening of this case, (w<^h was long & tediouss,) the court 
saw plainly, & therfore declared, that Richard Law had done 
Jno Mead no wronge in this matter nor had he any cause to 
complaine thereof. 

John Mead further declared that Richard Law had in exam- 
ining some witnesses for him showed much discontent, and 
had expressed himselfe against him in a threatening way, say- 


ing he would not leaue him worth a groate, w^h thing Richard 
Law did not wholy deny, but said it is like being pvoaked by 
his froward carriage he might speake some words in discontent, 
and vnderstanding that John Mead did much villifye him and 
reproach him for denying justice (as he said) in the case before 
mentioned, said he would cleere himselfe, though he left not 
[108] John Meade nor himselfe || worth a groate. 

The Court though they approue not John Meade in his way 
of proYoakation, yet they witnessed against Richard Law for 
these speeches, and he freely owned them, and said he sees the 
euill of his spirit and speech in them and is sorrey for it, but 
Jn<» Meade was asked what wrong this is to him, or wheiin he 
hath bine damnifyed thereby, to w^h he could say nothing but 
<hat it was a griefe to him and to his father. 

Hee further declared that Richard Law had spoken vntruthes 
of him in saying that he was one Turners agent, in a buisnes 
in the towne meeting at Stamford, but Richard Law said he 
did not say so, but when Turner was called and not there, he 
said. Here is John Meade w<^h I suppose may be his agent, and 
the reason he so spake was because that Jn^' Meade and that 
Turner had bine at his house a litle before, and Jn<> Meade 
did seeme strongly to plead the case of the said Turner ; also 
Jn9 Mead Jwould haue chained another vntruth vpon Richard 
Law, because he said that Turner & he came to his house 
together, w^h Ju9 Meade said was vntrue, yet no other then 
thus, that Turner came first to Richard Law in his yard as he 
was at worke aboute his barne, and quickly after came John 
Meade and they went into the house together. 

John Meade was told that he hath troubled himselfe and 
this court w^h things of litle weight and moment, and for the 
latter passages, they are but turnes & equiuocateing wayes, for 
here was no vntruth in these speeches, therfore he had no 
cause to complaine, but if he haue any more to saye, he may 
speake, he said no, but that Richard Law caried it so in his 
office as hindered him in his duty, and was required to prove 
it but could say nothing. 

Richard Law and George Slawson, deputies for the church 
at Stamford, to make their complainte against Jn<> Mead, 



164 REOOBDB OF THE [1056 

declared that the said John had said to Francis Bell, that 
Thomas Hunt should say that he would git into the church 
shortly, and then he should haue libertie to lye, or steale, or 
be drunke, or any thing. Jn^^ Mead owned that he did speake 
these words, and that he at first hearing tooke it as a scanda- 
louss speech against the church, but he said he heard it of 
Thomas Scott, but Richard Law said that Scott denyed it, and 
y* the scoope of his speech tended to cleere the church, as 
appeared by a note vnder Scotts hand, now presented to the 

John Meade was told if he can proue that Scott spake these 
words, he must be dealt w*h, or if not he, then w^h Thomas 
Sunt, but till he can bring some other author, he must lye 
vnder it; and he was further told if he did not intend to 
slander the church, why did he say the next day to Richard 
Law and his sonn Jonathan, (when they were speaking of this 
matter,) that he wished the church could cleere themselues» 
as Richard Law now affirmeth and his sonn hath giuen in ypon 
oath, w<^h was now read ; he said he remembers it not, but if 
he did speake so, it was weakely spoken, but was told it was 
wickedly spoken. 

Richard Law complained and desired the justice of the 
court against Jn<> Meade in simdrie cases wherin he hath 
wronged him, so that it is spread vp and downe tHe plantations, 
as he comes betwixt this and Stamford, to his great disgrace; 
as first, that he did deny him justice in refusing to giue him 
an attachmS w<^h case the court hath heard; and he hath 
accused him before the church as one that villifyed him to the 
church, and notw^hstanding all the church could say, he would 
[109] not be satisfyed, the ground whereof John Meade || said, 
was because Richard Law held it forth before the church as if 
he had complyed w*h Robert Basset in his disturbing way, and 
was a forward man against the church and comon wealth. 
Richard Law replyed that he did obserue too much forward- 
ness in John Meade that way, and that ho told him one time 
of it, and he answered they intended to rayse nothing against 
the jurisdiction but against the Duch, but all he did in the 
church was to giue a worde of advice to his fieither, (who is a 


brother amonge them,) to cfounsell his sonns to take heede 
that they runn not too farr that way, and that this was the 
case M'. Byshopp the pastour, Jn<> Holly and Jn<> Waterberry, 
two of y« bretheren, affirmed. 

8^iy. Hee spread it abroad of him, that he brought a lye to 
the towne-meeting, w«h was the case before mentioned con- 
cerning Turner. 

4. Hee hath said that he forged an agreem^ made betwixt 
Jn9 Waterberry & widdow Turner, w^h M*". Groodyeare now 
testifyed, who saw that writing at Stamford, and told Jn<> 
Meade that it is thus and thus expressed in a cleere way ; Jn<> 
Meade then replyed, I, that is goodman Laws putting in 
vnwarrantably, and M'. Byshopp affirmed the same. Jn® 
Meade was asked what he said to it, he said he intended not 
to charge him w*h forgery, but M*". Goodyearo & M*". Byshopp 
now said, that he did charge it as forgery at Stamford, and 
Francis Bell now said that the agreement was right, that all 
difierrences were to be issued betwixt Jn® Waterberry and 
widdow Turner, she was to haue the boy and he was to haue 
of her eight poimd, but that night that the buisnes was in 
hand, he did obserue such carriage by Jn® Meade, Joseph 
Meade and John Lawde that exceedingly offended him, and 
he professed if this was their way to carie it thus and trample 
vpon authoritie in this manner, he would complaino of it 
where it might be remendicd. 

6. Another accusation against him was that he would issue 
no differrenc betwixt ptie and ptie but he would haue five, six, 
eight or ten witnesses vpon oath, w^h is vntrue and a slander 
cast vpon him. This M'. Goodyeare said John Mead spoke to 
him at Stamford, and Jn^' Mead now ownes that hee said, that, 
it may be when his euidenc comes forth goodman Law and 
he should issue, for buisnes vseth not to be issued at Stam- 
ford w*hout 6, 6, 8 or 10 witnesses. 

6. Hee hath charged Richard Law w^h falsifying testimonies 
vpon oath, to cleere which M'. Byshopp declared that Jn® 
Meade came to him and desired that his euidences might be 
taken out of Richard Laws his hands, and gaue two reasons, 
first because he is his enemie, 2^iy, because he had falsifyed 

166 RBOOBM OF THB^ [1666 

testimonies vpon oath ; M^. Byshopp repljed, (M^. Qoodyeare 
being by and affirmes y« same w^h M^ Byshop,) if this be true, 
he is not fitt for churoh nor comon wealth, John Mead said he 
thought so, M^ Byshopp said, by this meanes you disable him 
from any publique place, Jn^ Mead answered that he intended 
that, M'. Byshopp said he had better hopes of brother Law, 
Meade replyed he would be of another minde by May court ; 
but to cleere this charge Jn<> Mead did make notiiing appeare, 
but the contrary did appeare by Rich: Laws declareing his 
manner and way of examining witnesses and writing downe 
the same, w^h was also further cleered by the testimony of 
Richard Mills vpon oath, w^h w^h way of pceeding the court 
was satisfyed. 

Lastly, Rich: Law declared that Jn<> Mead hath not onely 
charged him w% all these euUls, but added this, that he is 
vnder the raigne and power of them ; Jn^' Meade owned it & 
said it was not volentarily spoken by him, but drawne from 
him, and M'. Byshop told Jn9 Mead that he said so to him, 
and that he know and could prove it, and George Slawson 
replyed to him that he should not take notice of euery fayling; 
no said hee, all these are raigning euills in goodman Law ; 
Slawson replyed, it is a sad charge ; Mead answered, but if I 
make it not out, my owne ruin and ouerthrow will be the 

[110] II Some diflferrenc betwixt Jn<> Waterberry and Jn® 
Mead was agitated before the court, but in y« issue they 
agreed betweene themselues and declared it to the court, that 
Jn® Mead paye Jn® Waterberry for his jumy heither, give 
him his he hath w*h-held, though y« debt was paide, and 
acknowledg the wronge he hath done him in his name in 
speaking reproachfuU words against him. 

The Court considered of these things and doe looke vpon 
Ju? Mead as hauing done great wronge to Richard Law in his 
place as a publique officer, that he hath bine an incendiarie 
and worker of great disturbanc at Stamford, that he hath 
highly slandered the church, Ac, therfore they agreed for 
the present to comitt him to prison till they may further con^ 
fldder the matter. 

1656] JtBIBDKmON 0^. Haw HAVEN. l67 

After Jn® Mead was coniitted he sent a writing to y^ court, 
wherin he acknowledgeth his miscariages, and w^h what an 
enill firame of spirit he hath bine caried on, w<^h the court 
looked Tpon as short in respect of his sinn, but ypon the 
intreaty of M'. Byshop, Richard Law and Jn^ Waterberry, 
the court inclyned to fieiuour, and sent for Jn^ Meade out of 
prison, and declared to him, that they did not rememb' that 
they mett w^h such a case since they sat as a court, wherin 
their hath bine so much mallic and bitterness of spirit in 
psecuting, both against the church and agidnst Richard Law, 
the onely officer for civill affaires in that towne, rendering him 
as a most vile man, neither fitt for church nor comon wealth. 

Wherfore the court by way of sentenc did now order, that 
John Meade doe make a full acknowledgm^ at Stamford, both 
to cleere the church, Richard Law and Jn<> Waterbery, for 
though he hath laid heauy charges, yet hath not proved them ; 
that he paye Richard Law, towarde his charge and trouble in 
this buisnes, (he being in other respects satisfyed w^h his 
acknowledgm^,) tenn poimds; and for disturbing the juris- 
diction, opposing a publique officer, that he paye as a fine tenn 
pound ; and that he and his brother, (or some other man in 
whom the court may be satisfyed,) be bound in a bonde of 
fifty pounds for his good behauiour for time to come; and 
that he paye the marshall for his trouble and charge twenty 
shillings ; and if this acknowledgm^ be not pformed at Stam- 
ford to satisfaction, he is to be bound ouer to answer it at the 
court of magistrats in Octob' next. And Jn^ Mead and Joseph 
Mead both entered into bond before the court, that the said 
Jn^ Mead shall behaue himselfe peacably & not fall into these 
or the like miscariages againe, vpon the forfeiture of the said 
bond, to be leuyed ypon either or both their estates. 

After sentenc Jn9 Mead acknowledged his miscariag in his 
abominable slandering and reproaching the church, and the 
courts tendemes notw^hstanding his horrible and sinnfull way, 
w<^h hath proceeded from a bitter roote of prejudice and selfe 
confidenc in his owne way, w^h hath hindered him from take- 
ing advice for his good, and for all the pticulers wherein he 
hath charged goodman Law, he confesseth he had no causoi 

168 RECOBDS OF THB [1666 

and desires he may be truely humbled for it, he hath forged 
no agreem^s, falsifyed no testimonies, nor denyed him justice, 
&c., much less had he cause to say that these were raigning 
euills in him, but he desires to take y® shame of these things 
to himselfe, and y^ all others may take warning by him, and 
that he may walke in a better frame for the future. 

A fine of tenn pound w^h Joseph Mead stands ingaged for, 
for his brother John Richardson, was now required, but he 
desires forbearanc till next Michaelmas and he would then see 
it paide, w<^h was granted. 

[Ill] At a Court op Elections held at Newhauen for 
THE Jurisdiction, the 28*^ of May, 1656. 

Theophilus Eaton, Esq', is chosen Gtouemo' . 

M'. Stephen Goodyeare, is chosen Dept. Gou\ 

Francis Newman, ^ 

M'. Benjamin Fenn, > Magistrats. 

Mf. William Leete, ) 

The Gouemc and M^ Leete are chosen Comission's, Fran- 
cis Newman a 3^ man, in case any of the other should be by 
Gods prouidenc hindered. 

M'. John Wakeman chosen Treasurer. 
Frances Newman, Secretarie. 
Thomas Eimberly, Marshall. 

At a Generall Court held at Newhauen for the Juris- 
diction, THE 28t>» of May, 1656. 



Theophilus Eaton, Esq% Gouerno^ 

M^ Stephen Goodyeare, Deputie. 

Francis Newman, 

M"*. William Leete, \ Ma: 

M'. Benja: Fenn, 



M'. Wakeman, ) ^^^v,^^^^ 
M'. Gibbard, \ J^ewHauen. 

Leiutent Treate, I -^rnf ^ 
Tho: Buckinghi^, j ^'^^<'^' 

Leiuten* Ghittendine, ) n •i* j 
M'. KitcheU, i G«ilford. 

Richard Law, ) q. /» j 
Fran:BeU, '(Stamford. 

Barnabas Horton, ) r? xi, u 
WiUiam Furrier, j Southold. 

Ldut^ne, I Brandford. 

John Frost, semant to M^ Gibbard, being called and exam- 
ined aboute the burning his masters house, &c., confesseth as 
he had done in his former examination before the gouemo', 
the 17**^ of March last, viz*:, that he did the day before, (being 
the Saboth, (in the afternoone, and after his master and m'*»* 
were gon to the meeting, light a peece of papr at the fire in y< 
house, and caried it out vnder his hatt, that the chilldren 
might not see it, and went to the hey stack that stood neere 
the barne, and did on purpose kindle some hey, w*h an intent 
to bume both hey and barne, and left it smoaking, and then 
went to the meeting house w^hout any indeauour to put it out, 
but desiring that it might burne, w®h accordingly it did, burn- 
ing the hey and barne, and after runn to the dwelling house 
and burnt it downe to the ground, w*h much goods ; which 
when he saw, he said it repented him and he was sorrey that 
he had so done. Hee was asked what stirred him vp thus to 
doe, and how long these purposes haue bine in his minde, he 
said hee loued not to goe to plow w^h his master, because when 
the oxen went not right he would knock him, and therfore he 
had a minde to bum, the hey, and he also did it by way of 
reuenge, because his master had * aboute six weekes before 
whipped him, and from that time he had purposes to doe this 
thing, w«h he was further stirred vp to doe aboute a fortnight 
[112] II since, because his master struck him a blow, and 
would haue done it sooner if he could haue had opptimitie to 


170 ESXX>BD6 OF TBR [1666 

doe it 80 as no body might see him and had not bine hindered 
by raine and snow that fell, and he sometimes thought to doe 
it in the night, but that he thought it might hurt their psons. 

M'. Gibbard being present said, that it is likely he might 
sometimes knock him for some miscariages, as he thinkes 
boyes will sometime deserue, and he did whipp him as he saith, 
w<^h was for lying, w^h he thought was his duty to doe, and 
he thinkes he did one time strike him a blow because he left 
open the dore and let some calues goe in and eate pease, but 
he thinkes if the boy be considered, what he was when he 
tooke him and how he is now, he thinkes it will appeare that 
he hath bine well vsed and hath not had any immoderate cor- 
rection; apd he hath now of late caried it in the family so 
pleasantly as he hath marueled to see, and pticulerly the day 
before he did this mischeife, and that morning, w^h he should 
wonder at but that he knowes he hath vsed to cary very 
hippocrittically in other things, and Frost being asked said he 
did carie it so that he might not be suspected for the mischeife 
w^'h he intended to doe. 

Which being fully and freely owned by him, the court 
seriously considered what God called for in this C€i8e, and in 
the issue concluded, that considering he is young, (aboute 
fourteene yeares of age,) and also somewhat childish in his 
way, agreed to spare his life, (though the offence be exceed- 
ing heynious and aggrauated w^h many circumstances,) but 
that the following sentence should be executed vpon him, viz: 
that the said John Frost should be a seruant for one and 
twenty yeares from this time, fine or six of which yeares 
belongs properly to M>^. Gibbard, being a remainder of y® time 
of seruice to him due vpon former agreement, and for the 
other time, fifteene or sixteene yeares, be it more or less, the 
proffitt thereof shall be deuided betwixt M'. Gibbard an4 M'. 
Wakeman, (vpon whom the loss fell,) in a due poportion 
when their seuerall losses are made knowne; that he be 
seueerly whipped w*h rods fitt for that purpose ; that he weare 
a halter about his necke and a small light lock vpon his legg, 
80 as they may be scene ; that he stand in the pillory such a 
space of time as the magistrats shall thinkefitt^ and if he shall 


goe out of y« jurisdiction w*hout leaue, he shall be lyable to 
be questioned for his life againe; w<^h sentenc was by gen: 
court ordered to be published by the magistrats of Newhauen 
the next trayning day, w^h will be y« 9^^ of June, and then 
also, as the case requireth, to be executed. The charge w«h 
dotii arise by his being in prison is to be p^ by the jurisdiction, 
because they are not willing to put it ypon his master, whose 
loss by liim hath bine to much allready. 

Mr. Gibbard informed the court, that he vnderstands that 
some of his neighbours are not willing that he should haue 
the boy to dwell w^h him againe, fearing he may doe more 
mischeife in the like kinde, and some objected against his 
wearing of the lock, because it would be a hinderanc to him 
in his worke and so make his seruice the less profita]>le. The 
court told Ml". Gibbard that they could not force any man to 
take him, but if he cannot imploye him himselfe to satisfaction, 
he may treate w^h any other, as M^. Wakeman, the marshall 
or Jn» Coopr, aboute the iron worke, and if he can agree w*h 
any of them to satis&ction, the court will be content, but if no 
oomfortable closeing can be, so as he may stay here, but that 
in the issue he must be sent away, and it may be back to 
England to his father, then the court of magisrts must meete 
to consider of some further pimishm^ to be inflicted for exam- 
ple and terrour to others, that none may be imboldened to take 
such courses, and if the lock proue inconvenient and a hin- 
deranc in his labour, it is left to the court at Newhauen to 
alter that part as they shall see cause. 

[113] II The Court by vote declared themselues willing that 
John Youngs w^h his barke should yet continew the seruice 
he was put vpon by the comission>^s in September last, to hin- 
der Ninigret from goeing against the Long Island Indians, and 
that foure men be sent w^h him out of this colony, viz^: two 
from Newhauen, one from Millford and one from Guilford and 
Brandford, and that he should haue what prouissions he 
thought was necessary for the seruice, all w^h charges are to 
be brought to account by the comission's in September next. 

Vpon a petition presented by John Meggs, and the desire 
of Biohard Subball, the court abated Jn® Meggs five pound 

172 BESC0BD6 OF THE [1656 

of a fine of ten pound that he owed to y« jurisdiction, and 
Bichard Hubball fiftje shillings of a fine of fine pound that he 
owed likewise, and that the rest be fortiiw^h paide. 

Old M^. Swaine, M'. Crane, Leiutenn^ Sam: Swaine and 
Lawranc Ward, are chosen deputies for Brandford for the 
jeare ensuing, and haue the same power comitted to them as 
they had the last yeare, and M'. Crane & Leiutennt Swaine 
did now take the deputies oath, and ordered to administer y« 
oath to y® other two at Brandford. 

Bichard Law and Francis Bell were chosen constables for 
Stamford for y^ yeare ensuing, and haue the same power as 
the constable there had the last yeare, and they now tooke 
oath to discharge tiiat trust faithfully, but if the free-men of 
Stamford are not willing that Bichard Law should hold that 
trust, they excuse him from this oath, and then Francis Bell 
is onely chosen according to the freemens desire there, though 
the court be of another minde, and that the towne of Stamford 
may see that Jn^* Meades complaints were vnjust and haue 
made no alteration in y*' court concerning Bichard Law. 
- And Francis Bell now declared that he is not willing to be 
alone in so weightie a buisnes. 

Barnabas Horton and William Furrier were chosen consta- 
bles for Southold for the yeare ensuing, and haue the same 
power that the constables of that place haue formerly had, and 
they now tooke oath faithfully to discharge their duty therin. 

It is ordered that when a towne meeting is duely warned, 
(that is at least foure and twenty hours before,) ypon publique 
occasion in any plantation in this jurisdiction, whosoeuer after 
such warning shall not appeare at the time appointed, or shall 
w^hout leaue depart the said meeting, shall paye for the same 
two shillings six penc, and for late coming one shilling, and if 
▼pon demande the fine be not paide, the authoritie in y« place 
shall recover the same by distress, but if any shall be disor- 
derly and stubbornly refuse, the shall be bound to answer it 
at y« next court of magistrats at Newhauen after the said 
o£fenc is comitted, but in case of submission, the free-men in 
each plantation haue power to abate or remitt the fine, in 
either case as they shall tbinke fitt. 

1S56] juBiSDicrnoN of new haven. 173 

It is ordered that if any of them who are vudertakers in j^ 
iron worke, shall or be really in debt, and any man shall desire 
justice against them to be executed vpon tliat part of their 
estate w^h they haue in the said worke Justice shall be granted, 
but so as the said iron worke be not hindered nor the other 
ptners danmifyed thereby, but the said ptie attaching or desir- 
ing justice against such part shall, if the case require, come in 
his roome and be lyable to cary on the said pt in all respects 
as the first aduenturer, till the debt be paide by the produce 
that shall arise out of the same. 

A bill giuen by M''. Wells of Southold to y« treasurer, of 
aboute three pound five shili, w^h he spent in coming to Now- 
haven aboute two yeares since to giue intcUigenc of some 
publique disturbers there, w<^h the freemen there advised him 
to, conciveing if some course were not taken, the peace of j* 
jurisdiction would be iudangered, is ordered to be alowed to 
him by the treasurer. 

The Court vnderstanding that John Hodshon had lost a horse, 
w*^h was taken vp for the seruice of the cuntry when they were 
goeing forth against tlie Duch aboute two yeares sine, though 
in justice they see not ground to alow any thuig, yet in a way 
of neighbourly condescendency, that the loss may not lye too 
heauy vpon one man, they shall alow him seuen pound ten 

[114] II It is ordered that sixteene horses shall be prouided 
and kept in y® five townes vpon the maine in this jurisdiction, 
w^h suitable sadles, bridles, pistoles and other furniture that 
is necessarle towards the raysing of a small troope for the 
seruice of the cuntry, in an equall proportion as they can be 
deuided according to tlie estate of each plantation, which is as 
followeth, six from Newhauen, foure from Millford, two from 
Stamford, and foure from Guilford and Brandford, and that 
the psons who shall freely vndertake or be appointed thero- 
vnto, shall be free from rates both for tlieir psons and ye said 
horss, also from trayning w^h the foote company, and from 
any press for themselues and horss to other publique seruice, 
and shall haue what other priviledges is grantqd to troopers 
in ihe Massachusets or Connecticote colonies, prouided that 


174 BECOBDS OF THE [1656 

such men who shall be appointed to this seruice shall be dilli- 
gent in the vse of all due meanes to fitt themselues and horses 
for the same at home in their seuerall plantations, after w<^h 
this court will consider how they may be improved in a pub- 
lique way of trayning ; and that euery plantation prouide and 
keepe double as many good stoute doggs, mastives or as neere 
as can be gott, w^h may be of good vse against woolues and 
in some other cases, w<^h proportion of horses, furniture and 
doggs, is to be prouided by each plantation betwixt this and 
the election court in May next, mder the penaltie of fine 

And for the incouragm^ of souldiours in their millitary 
exercise in jurisdiction, it is ordered that euery plantation shall 
prouide a partison for their leiutenn^, cullars for their ensigne, 
halberts for their serjants, w^h drumms fitt for seruice, w^h a 
certaine number of pikes as hereafter exprest, w^hin a yeares 
time, vnder the penaltie of fine pound for totall or any greate 
or willfuU neglect, w^h libertie for this court to mittigate in 
this case, and in case of horses and doggs before mentioned, as 
they shall see meete when they vnderstand what indeauours 
haue bine vsed for accomplishing the same. Newhauen being 
furnished, Millford is to haue sixteene pikes, Stamford six- 
teene, Ouilford twelue, Southhold and Brandford eight a peece. 
And further that halfe a pound of powder for euery souldiour 
be alowed by euery towne out of their towne rate once in a 
yeare to the cheife officer, to be by him bestowed vpon them 
according to their due deserts, to be spent as he shall order, 
by shooting at a marke three times in a yeare for some small 
prise which each towne shall prouide, in valew not aboue fine 
shillings a time and not less (hen two shillings six pence, w«h 
shall be ordered either to one or more as the officer shall 
appointe ; and that each towne prouide a good paire of hilts for 
souldiours to play at cudgels w*h, and that they exercise them- 
selues in playing at backsword, &c., that they learne how to 
handle their weapons for the defence of themselues and offenc 
of their enemies, and that the deputies of each plantation 
speake to the^ teaching elders there to take some fitt opptuni- 
ties to speake to the souldio's something by way of exhortar 


tion, to quicken them to a consciencious attendanc to this 
duty, and that soxddio's in time of their vacancy doe exercise 
themselnes in running, wrastling, leaping and the like manly 
exercises, the better to fitt their bodies for seruice and hard- 
ddpp, and that all other exercises, as stoole bale, nine pines, 
qoaites, and such like games be forbidden and not to be vsed 
till the millitary exercise of the day be finished and the com- 
pany dismissed from that seruice. 

[116] II John Tucker of Southold, who is aboute to set vpon 
a way of makeing Steele there, & had seuerall priuiledgee 
granted to him by this court in October last for his incourag- 
ment therein, did now further propound that if his said worke 
should not bee successfiill, yet seeing he layes out allmost all 
his estate vpon it, he might notwithstanding be free from rates 
the said ten yeares before granted, w<^h the court considered 
of and declared, that if he doe laye out his estate in such a 
manner aboute this publique worke, and that God shall cross 
him therein so that he be impouerished thereby, they are 
willing that that small remaining part of his estate shall be 
free frt>m rates for ten yeares. 

It is ordered that whosoeuer shall put or kindle any fire in 
woods, grounds, yards, orchyards, or other place or places, 
lying in comon or inclosed, so as the same shall burne fences, 
buildings, or cause any other damage in any season or manner 
not alowed by authoritie in that plantation, or on the last day 
of the weeke, or on the Lords day, euery such person shall 
paye all damages and halfe so much more for a fine to the 
plantation, and if not able to paye, shall be corporally pun- 
ished as the court shall judg meete. 

But if any seruant or seruants, pson or psons in relation, or 
any other whether male or female, shall willfully, maliciously 
or by way of reuenge, kindle or put any fire into any come, 
hey, straw, hempe, flax, timber, hewed, sawen or riuen, heapes 
of wood, charcoale, other goods or combustiable matter, espe- 
cially in the night or on the Lords day, by meanes whereof 
any dwelling house, barne, shedd or other buildings, hey, 
come, cattell, houshold goods, or other estate of what kinde 
soeuer may be indangered, burnt or destroyed, (much more 

176 BBOOBDB O? THB [1666 

if the life or liues of any pson or peons shall be tiiereby lost or 
hazarded,) such misoheiuous pson or psons shall be proceeded 
against, either by the court of magistrats, if the sinn be hejm- 
ous or capitall, as a presumptuouse or mallicious offendo' or 
offendo'^s against the fift, sixt, or eight comandem^', to be pun- 
ished by death or otherwise seueerely as the case may require, 
or by the plantation court, if the miscariage be of a lower nature, 
by corporall punishm* or paying double or treble darnages, but 
if the damage be great and the offender or oifendo's not able 
to make such restitution, he or they shall by sentenc or order 
of the court of magistrats be sould for a seruant or seruants, 
either into these English colonies or abroad, that due satisfac- 
tion (so farr as may be attayned) be made, as the court con- 
sidering the offenc w^h all the aggrauating circumstances sliall 
judg meete. 

A letter from Greenwich was read to the court, w^'h is an 
answer to that w^h this court ordered to be sent to them 
aboute a yeare agoo, w^h w<^h answer the court declared them- 
selues much vnsatisfyed, and concluded that this letter should 
be answered by the gouenio*" in the name of this court, our 
right to Greenwich asserted, and tiiat the two present depu- 
ties for Stamford, Richard Law and Francis Bell, doe goe to 
Greenwich and deliuer the said letter, and in the name of this 
oourt require the number of their males from sixteene yeares 
old to sixtie, that they may be deliuered w^h the other males 
of this jurisdiction to y« comission>'s at their next meeting at 
Plymouth, but if they doe deny or delay to doe it, they shall 
by warrant from this court be warned to attend a court of 
magistrats to be held at Newhauen the 25^^ of June next, to 
answer their miscariage therein, and if they appeare not, then 
Richard Grabb and some other of the most stubborne and dis- 
orderly psons shall be by some meanes, (w<^h may be thought 
safe) seized at Stamford, or thereaboute, and sent to New- 
hauen to answer their contempt, prouided that if in the meane 
time wee vnderstand by M^ Garret or otherwise, that they 
are owned by the State of England, and haue a pattent from 
thenc for the place, (w^h woe beleiue will not be,) it may be 
further considered and ordered accordingly. 

1656] ' JTTRISDIOnON 0? NEW HAVEN. 177 

The court vnderstanding that in some of the plantationit the 
Amdam^aU lawes of the jurisdiction haue not bine attended, 
bat that others beside free-men haue had libertie to vote in 
things of weightie trust and concernment, did now order that 
those orders be exactly attended, and none suffered to vote 
but free-men, unless it be in some pticuler cases wherein the 
proprieties of the planters in generall are concerned and ought 
not to be disposed of w^hout their consent. 

The Court mderstanding that the towne of Millford haue 
called ypon Leiut. Treate to watch as other men, declared that 
[116] as leiutennant he ought || to be free for his pson, estate, 
and one house lot. 

It is ordered that no master, or other fiEunily gouemc^ or 
peon, shall sell any seruant, male or female, of what deg^ree 
soeuer, out of this jurisdiction, vnless it be into some of the 
other three colonies, w'hout leaue and lycense from the 
authoritie of that plantation to w<^h he belongs, mder the 
penaltie of ten pound for each default. 

The Court was informed of sundrie disorders at Southold, 
as that y® jurisdictions lawes are not obserued nor towne 
orders regarded, but fences and gates lye downe and trespasses 
are comitted & the fines due in such cases not gathered, that 
diners doe sell strong water w^^h are not lycensed tbervnto, by 
w^h meanes ther is much disorder, both amonge English and 
Indians, vnseasonable meetings of youth and also elder people 
in the night, w^h vnreuerent behauiour of diuers both young 
& old in the publique solemne assemblies, others sitting abroad 
in the time of the ordinances, and some comeing to them 
▼erey seldome or not at all, concerning w«h the court inquired 
of the deputies of that plantation, who could not alltogether 
excuse these things, w^h the court was sorrey to here, and 
declared themselues much vnsatisfyed therew^h, and that such 
things may not be borne withall in any plantation ; and ther^ 
fore agreed, that they should be certifyed to Southold w*h ? 
manyfestation of the courts dislike thereof and there desire of 
a reformation-, w^h if not attended, the constables were now 
ordered to binde such disorderly psons to answer it at the 
next court of magistrats. 


178 SEOOBDS OF THB * [1656 

The Court was infonned that there hath bine a question in 
some of 7* plantations, whether when cattell be lost, (specially 
horses,) so that they haue not bine seene or heard of by the 
owners in a yeare or two yeares time, if in y^ case they should 
bring them in to paye rates for them ; wherevpon the court 
declared that cattell (specially horses) be missing a yeare or 
two yeare, so that the owner know nothing but they may be 
aliue and well, they shall be brought in to the rates as such 
cattell so long missing, w<^h if not after found, but that the 
owner suffer the loss of them, he shall be alowed so much 
back as he hath paid for them from that time, prouided that 
if the said cattell shall after a longer time be found and 
retume to the owner, he shall repaye such alowanc and be 
lyable to paye what further shall be due more then the two 
yeare alowed for. 

The buisnes aboute the planting of Paugaset, propounded 
at y^ gen: court in October last, and in some pt assented to, 
was now againe in question, and what then passed being read, 
the magistrate and deputies for Milford objected against it, and 
M'. Prudden on behalfe of their towne declared that it would 
be Terey prejudiciall to Milford seuerall wayes, so much as 
they could not comfortably cary on their occasions there by 
reason of the straightness of accomodations for comonadg for 
their cattail w<^h they should suffer, by reason that Stratford 
Biuer and Newhauen bounds doe confine y°^ to so narrow a 
compass, all w<^h were duely considered, as also what Richard 
Baldwin and others concerned in Paugaset did say, or others 
on their behalfe, to take of the objections made; but after 
much time spent in many debates aboute it, the court saw 
that ther was not like to be a comfortable closeing betwixt 
them if the planting of Paugaset went on as had bine intended, 
wherefore it was propounded to both pties that those concerned 
in Paugaset would resigne their purchase to Milford, they pay- 
ing them for the same, and that all former differences may 
bee buried and forgotten, and that the towne of Milford would 
[117] II accomodate those of their towne that did intend to 
sit downe at Paugaset w^h comfortable accomodations for 
their subsistanc. 

1656] juBiSDicnoN of new haven. 1T9 

Richard Baldwin for himselfe and the rest professed that it 
hath bine straightnes of accomodations that hath put them to 
stand so much vpon it as they haue done, but if they may be 
accommodated at Milford, so as they may but subsist in a 
comfortable way to maintayne stockes suitable to their families, 
they shall resigne the purchase to Milford, they paying them 
what they haue laide out. Millford men replyed that they 
had not wherew^hall to doe it, they haue no meddow to dis- 
pose of but some that is reserued for an elder, but Leiutennant 
Treate offered to giue seuen acs of his owne meddow towards 
their accomodations. Richard Baldwin asked if they might 
not haue the free vse of that meddow reserued for an elder 
till it be disposed of to the vse intended. M^ Fenn said he 
should propound it to the towne and it is like it might be 
granted, but they could not ingage, and some of it is allready 
disposed of till y^ time come ; so y^ in the issue the court 
advised both pties to peace, and that those w^h intended for 
Paugaset would cease any further prosecution till they see 
what accomodation will be granted them, and vpon satisfac- 
tion to resigne, &c. ; but if their can be no closeing in this 
way, then the court declare, they must leaue the buisnes as it 
was in October last before they medled w'h it, but they rather 
desire a closeing in the way propounded and that no former 
things bee reuiued to prouoake one another, which if any shall 
doe, the court cannot but be offended and must so declare 
themselues, and for Thomas Langden, if all consent but liim, 
and he proue troublesome, the court will take a course either 
to quiet or remove him. 

A case propounded concerning widdow Plume of Milford, 
wherein she complains of wrong she hath suffered by fencing 
more then her due proportion, in the debate of w^h buisnes 
the court saw cause to giue aduice that the land and fence 
wherein she is concerned be exactly measured and rightly pro- 
portioned, to each an equall share, and for so much it appeares 
she hath done aboue her pportion that she haue it taken off 
from her for the time to come, and that she bee paide both for 
makeing and maintayning of it for time past, and for any fur- 
ther consideration of their towne order aboute house lotts or 

180 SBOOBDS OF THE [1056 

Other fences, it may be considered at another season when 
things are better prepared. 

William Potter of Stamford informed the court that he is a 
weake infirme man and not fitt to trayne, and desires he might 
be freed, of whom the court now tooke notice and so judg him 
to be, and therefore declared that while this weaknes con- 
tinewes he shall be free from trayning, but if Qod recouer him 
to abillitie he is to^attend that seruice againe. 

The Gouemo"^ informed the court that he had receiued a 
letter from the Lord Protector, inuiteing the people of this 
colonie, or pt of them, if they shall see it to be their way, to 
remove to Jamaica, and also a copie of the instructions giuen 
by his highnes to Cap.t. Gookin, who is imployed to all y« col- 
onies for the furtheranc of that designe, w<^h letter and instruc- 
tions were now read to the court, w*h some other letters from 
Gapt. Gookin and y« copie of a letter from Major Sedgwick 
from Jamaica, and al^ w^h what intelligenc Richard Miles 
brought from Capt. Martin, to whom he was sent to inquire ; 
after which the deputies from the seuerall plantations were 
desired to let the court ynderstand what is the minde of their 
townes in this buisncs, and the rather some weekes since the 
seuerall plantations had notice of this motion, not onely by the 
printed paprs sent to them to be published but by other means 
also, and that an answer would be now expected from them. 
Much debate there was aboute this thing, and a serious weigh- 
ing and considering thereof, and though they cannot but 
acknowledg the great loue, care and tender respect of his 
highnes the Lord Protector, to New England in generall, and 
to this colonie in pticuler, yet for divers reasons they cannot 
[118] conclude that || God calls them to a present remove 
theither, though if they could haue found two men fitt and 
willing to goe w'h Capt. Martin to view, they would haue sent 
them at the charge of the jurisdiction, but that being hard and 
difficult to obtayne, must be defierred till another season, and 
for the present the court onely desired an answer might be 
sent to his highnes the Lord Protects, w*h all humble 
acknowledgm* of his great loue towards vs, w^h they intreated 
the gouerno' to doe as he shall thinke fitt. ^ 


What was last yeare paid out of the treasury to the gou- 
emo', secretarie & marshalI, continew this yeare also, and 
it was further ordered that the gouemo' and M>^. Leete should 
haue each of them a man at the jurisdiction charge to attend 
their occasions at home, while they are abroad at the comission 

The Court by vote declared that they free M'. Goody eare 
from paying any jurisdiction rates for y* yeare ensuing. 

The Oourt Tnderstanding that some part of William Ellits 
fine of forty shillings is yet behinde ynpaide, and that Rogger 
Williams of Milford before hee dyed, promised to satisfye the 
same, yiz^ twenty shillings to y« marshall at Newhauen, and 
what charge was to be paid at Milford, ypon which ingagm' 
of his, Ellit was released, it was ordered that the same to be 
paid out of his estate. 

. It is ordered that a rate of one hundered and fifty pound 
diall be paide from the seuerall plantations in this jurisdiction 
in just and equall proportions, to the treasurer at Newhauen, 
the one halfe by the midle of October next, the other halfe by 
the midle of March following; in money or good merchantable 
beauour, at price currant, in wheat at fine shillings a bushell, 
pease or rie at foure shillings a bushell, in beefe at two pence 
halfe penny a poimd, and porke at three pence halfe penny, or 
if in barrells, then after the same proportion, salt & caske 
being alowed for, all w^h is to be good and merchantable. 

The somes due from each plantation is as followeth, 

Newhaven, 56: 02: 00. 

Milford, 82: 17: 00. 

Guilford, 20: 05: 00. 

Stamford, 17: 14: 00. 

Southold, 12: 00: 00. 

Brandford, 11: 02: 00. 

150: 00: 00. 

182 BEpOBDS OF THB [1666 

[119] At a Coubt op Magiotrats held at Newhauen y« 

25*»> June, 1656. 


Theophilus Eaton, Esq'', Gouemo'. 
M*". Stephen Groodyeare, 
Francis Newman, 
M'. William Leete. 

The Tovme of Milford^ plant. ) M'. Fenn, on behalfe of Mil- 
Hewry Tomlinson^ defendi. \ ford, declared in an action of 
the case against Henry Tomlinson, that they had seuerall 
things against him, but should refferr them all to foure heads. 
First, he hath charged that the towne haue done him wrong. 
2diy , that they bought a house of him but neuer pd him for it. 
8<^iy, that he hath much molested and disturbed the towne, 
causing many meetings and w^h-holding from them the quiet 
possession of that w^h is their owne. 4^>>iy, that he hath 
broake the jurisdiction order in selling strong water at a 
greater price then is alowed, and wine and dyet at (as is con- 
ceiued) immoderate jJrises, whereby the towne sufferes and 
some haue said they neuer came at the like place for dearness. 
But first, to begine w^h the third pticuler, his disturbing 
and molesting the towne, in w<^h the two first are included. 
After Ensigne Bryan grew wearie of keepeing the ordinarie at 
Milford and desired to be freed, the towne were exercised 
where to gite another fit man, at last they pitched upon Henry 
Tomlinson and ppounded it to him, and after some debate he 
manyfested some willingness therevnto, but thought his owne 
house was not fitt, w^h put the towne vpon thoughts, either to 
fit his house or buy another more fitt & take his house of his 
hand also, and the towne appointed six men to treate w*h 
Henry Tomlinson aboute buying his house, and w^h Richard 
Bryan, whose house they thought fitt for that purpose if it 
might be procured p so these six men did treate w^h the said 
Tomlinson and bought his house of him for twenty three 
pound, w<^h they appointed him to receiue out of the treasury ; 
after they treated w^h Richard Bryan and his father, and 
bought Richard Bryans house for sixty eight pound, to be paid 


in Tomlinsons house three and twenty pound, and forty five 
pound out of the treasury, and the said house was designed for 
an ordinarie, and Tomlinson possessed it and followed that 
imployment, and was to haue it the first yeare rent free, and 
after for such a moderate rent as should be thought fitt, and 
was to keepe in repaire both house and fences during the first 
yeare, yet after demanded repaires and additions to the house, 
w*^h occasioned sundrie debates w^h him and much trouble 
oame to the towne by meetings, <&c., and growing wearie 
Aereof, sould the said house to William East and Richard 
Bryan, who ingaged to y« towne that it should be for an ordi- 
narie, and if Tomlinson left it they would prouide another 
man, but if he desired it and the towne accepted him in that 
imploymS he should if he would buy the house at the price 
they paid for it or else hire it for a moderate rent, six pound 
a yeare was first demanded but after they would accept of fiue 
pound a yeare, and what repaires was necessarie should be 
paid out of the said rent, but Tomlinson refused all and would 
neither buy the house, nor hire it, nor goe forth of it, nor 
keepe the ordinarie. This Witt: East and Richard Bryan 
testifyed to be true vnder their hands, and by the defendant 
was not denyed. 

[120] II Henry Tomlinson was called to answer, and though he 
made a large discourse, yet that w^h was matteriall to the case 
was, that he conceiued the house was his owne, and that there- 
fore he need neither buy it, nor hire it, nor goe forth of it, for he 
apprehends it was his in exchange for his house, and what was 
paid ouer was lent him by the towne to further him in that 
imployment; he was required to proue, but said he had none, 
yet called Thomas Sandford, who testifyed against him in this 
pticuler, saying that the towne did absolutly buy goodman 
Tomlinsons house, but of exchange he knowes nothing, and 
the six men whom the towne appointed now in writing and 
Tnder their hands affirmed the same, & some of them now in 
court declared it was so, and Richard Bryan and his father 
also, w^h whom the bargaine was made, said the same, so that 
it is cleere that he had no cause so to apprehend; he was 
asked wherein the towne of Milford had done him wrong, and 

184 RECORDS OF THB [1666 

how he can make it appeare that they haue not paid him for 
his house, but could say nothing to cleere it, and Ensigne 
Bryan now afirmed before him that he was paid the three and 
twenty pound for his house by him according to the townes 

For the fourth pticuler in breaking the court order in selling 
strong water at a higher price then therin alowed, he could 
say nothing against it but that he had mett w^h many tempta- 
tions and had sould some according to order at three shillings 
a quart, but many testimonies were presented and many of 
them vpon oath, whereby it appeared that his ordinarie price 
of selling strong liqours had bine foure shillings a quart and 
dyet sometimes fifteene pence a meale, when very meane and 
sometime stinking beefe, not fitt for tnen to eate, and wine at 
two shillings a quart, raw and w^hout suger. He was further 
told that that w<^h doth aggravate his fault exceedingly is that 
when the magistrate told him of these things, warning him to 
take heede least he bring himselfe into trouble, he grew into 
a great heate and passion, and in a proud insolent way caried 
it to liim as if he would haue flowen in his face, and turned 
from him in a scornfuU manner, saying if he had broke the 
court order he would answer it ; this was testifyed by William 
Bast and Richard Bryan, who were present and heard it. 

Henry Tomlinson was asked if he had any thing further to 
say and prove more then yet he had acquainted the court w^h, 
he said no. 

Wherevpon the court after declared that they haue consid- 
ered the action brought, and the seuerall things charged, and 
the evidenc giuen in, and doe truely wonder that in so cleere a 
case he would stand out and sufler it to come thus farr ; as for 
the two houses they see plainly, and evidenc is cleere for it, 
they were both bought by the towne, Hen: Tomlinsons at 28^, 
the other at 68*, in part of payemt whereof, that at 23* was 
paide & accepted, but there is nothing he hath proued of any 
exchange betwixt Rich: Bryan & himselfe, or betwixt him &, 
the towne ; and that yet he should say he would neither buy it, 
nor paye rent, ncSf goe out, nor keepe the ordinary, the court 
cannot but looke vpon it as a willfall, offensive and absurd 


1656] . JXTBiSDicnoN of new haven. 185 

cariage, and therfore thej order, that Henry Tomlinson 
hauing y« first jeares rent free, for the rest of the time sine 
shall paye after the rate of fine pound a yeare, and for keepe- 
[121] ing the ordmarie || still, if he would cary it well and 
giue content, walking in a humble, righteous way, they can 
be content, and giue it as advice to Milford that a litle further 
tryall may be made. 

For his chai^ng of Milford to haue done him wronge, the 
court finds nothing that way, but many faire offers for his 
good, and for his vnjust molestation of them, causing many 
meetings and the charge and trouble now brought vpon them, 
many witnesses here attending, and for his proude insolent 
cariage to the magistrate, trampling vpon authoritie in such 
a manner, (a thing not to be borne,) that he make a full 
acknowledgm^ at Milford, to cleere the towne and satisfye M'. 
Fenn, and paye for their trouble and charge tenn pound. 

And for his breaking the jurisdiction order in selling strong 
water contrary thervnto, that he paye as a fine to the jurisdic- 
tion tenn pound, w^h is less then the court conceives he hath 
gained in this vnrighteous way, an account being giuen in of 
eight anchors, but more is spoken of, w^h is left w^h the 
magistrate to inquire after and demande the customs for that 
and also for wines drawne ; and that he paye the charge of 
this present court ; and for his excessive price in wine & dyet 
the court layes no fine at present but onely warned him to 
attend more moderation for time to come, that strangers w^h 
come to Milford may haue cause to speake well of y« ordinary 
there as they have formerly done. 

The Gouerno' acquainted y« court that he had recei^d 
intelligenc from Rich Law and Francis Bell that Greenwich 
men doe absolutly refuse to submitt, & will not yeild vnless 
forced, or ordered by the State of England, wherevpon y« court 
concluded that a monethes time be yet forborne, to see if wee 
can heare they haue any thing from England by way of pattent, 
after w^h time the first opptunitie shall be taken to make seizure 
of some of them, according to y« gen: courts order, who shall 
be sent to Newhauen and then a court called on purpose to 



186 RECORDS OF THE . [1656 

consider of the matter, the sending of which order for seizure 
may be yet forborne fourteene dayes. 

The Grouerno' informed the court that there is sent ouer 
now in M'. Garrejs shipp, fine hundered lawe bookes, w<=h M'. 
Hopkins hath gotten printed, and six papr bookes, for records 
for the jurisdiction, w^h a scale for the colonic w^h he desires 
them to accept as a tooken of his loue. The law bookes cost, 
printing and papr, ten pound ten shillings, the six papr bookes 
fourty eight shillings, and the law bookes are now ordered to 
be deuided as foUoweth, 

Newhauen, 200 Milford, 80 

Guilford, 060 Stamford, 70 : a pt of w<^h for Grenw«h. 

Southhold, 050 Brandford, 40 

For euery of w<^h bookes each plantation is to paye twelue 
penc in good cuntry paye, (wheat and pease was propounded,) 
to the gouernor, M'. Hopkings hauing ordered him to receive 
it here vpon his owne account, and therfore must be made vp 
in <5[uantitie, else he would be a great losser by it. 

An inventorie of y« estate of widdow Bradford of Brand- 
ford was presented y® last court of magistrats, (but here 
entered,) amount, to 9V: 12": ll«i, prised vpon oath by 
John Willford and John Norton, subscribed by Lauranc 

An inventorie also of y« estate of John England, late of 
Brandford deceased, amount, to 121': 06«: 11*^, prised vpon 
oath by Samuel Plume & Richard Harrison, January 5^*>, 
1656, in w^h is expressed that the last will and testam* of y« 
said Jn^ England was that Jn^* Sargant should haue tenn 
poimd of his estate ; subscribed by Lawranc Ward. 

[122] At a Court op Magistrats held at Newhauen the 

S*** OP THE 6*^ Moneth, 1656. 


Theophilus Eaton, Esq% Glouerno'. 
M'. Stephen Goodyeare, Dept. Gou'. 


Francis Newman, 1 

M^^. Benjamin Fenn, > Magistrals. 

M^ William Leete, ) 

G^eo^ge Wood, a seruant to M^ Goodyeare, was called, and 
what had, passed at Newhauen court aboute a yeare since con- 
cerning Mm, for sundrie miscariages, were now read, and 
afterward M^ Goodyeare informed that this man George 
Wood, vpon Saboth day was seuennight, did make great dis- 
tnrbanc in his family, &c., a knife being missing, it was 
conceived by some in y« family that he had stole and was 
challenged for it, but he denyed and said he had it not and if 
they would not beleeve him they might search his chest, 
wherevpon Hope Lamberton went vp w*h him to see, and he 
opened his chest and tumbled things vp and downe, but so as 
if he would rather hide the thing then discover it, yet by 
prouidenc, she saw the haft of the knife, it being brass and 
very discernable, and came downe and told her mother, but 
George againe denyed it, and that w*h bitter cursing of him- 
selfe, wishing the knife in his heart blood if he had it, whereat 
M'. Goodyeare being much troubled, told Geo: it was neces- 
sarie now that y« thing should be cleered and therefore some 
other should goe to see, wherevpon M"". Goodyeare went and 
he with her, and some body else, but when she came there he 
would not open his chest to let her see, saying they below 
would laugh at him, and she was faine to goe away as they 
came, w^h was a plaine mocke put vpon her, then M^ Good- 
yeare went vp himselfe and when he came George had throwne 
the things out of his chest aboute y® chamber, and bid him 
looke in his chest if any knife was there, when as he had taken 
it away and throwne it out at windowe, as himselfe after said. 
Hope Lamberton being by said there was a bagg w<^h had some 
things in it, he tooke vp a bagg and said here it is, you may 
looke in it, she said, nay, that is not the bagg, that I meane 
was an Indian bagg, he said he had no other, but affirmed it, 
and M""'*. Goodyeare looking amonge the bed cloathes found 
that bagg she ment, wrapped vp in a wastcoate in a pillow, 
and tooke it forth, but George Wood snached it out of her 
hand, then M^. Goodyear caught hold of it, and they both 

188 BBOOBDS OF TRB [1656 

pulled to see who could get it, bat at length G^. Wood, see- 
ing he could not pull it out of M^ Goodyears hand, pulled it 
before him and fell downe and lay ypon it, and so shufifeled 
forth of it what he pleased and put in his breeches, and then 
rose againe and would haue gone downe, but M^ Goodyeare 
held him and would not let him, then he stroue much 
[123] II and got into another chamber where lay a heape of 
pease, and he pulled something out of his breeches and threw 
into the pease, w«=h M^ Goodyeare saw not and might haue 
bine concealed had not some other that stood by discouered it, 
and when they looked they found two siluer spoones, w*^h 
when he saw his countenanc fell, and being asked whose they 
were, he said M'. Samuell Eatons, w^h were the two spoones 
he was charged w^h last yeare,but then desperately denyed by 
him, euen w^h cursing himselfe, the markes of w^h spoones, 
both y« goldsmithes marke and the other, he had fyled of; so 
in the euening of that day hee was brought before y« gouemor 
who now informed that he considering his former and present 
miscariages, could not but comitt him to prison, but then he 
first intreated that he might not goe, but that not preuayling, 
he fell to vse other manner of cariage, and threatened that he 
would kill himselfe, or would kill or be killed, and refused and 
would not goe, that the gouernor was faine to send his owne 
servants to assist the marshall and to force him in, and cause 
irons to be put vpon him, yet he brooke the prison that night, 
and had not a watch bine set on purpose, it may be he might 
haue escaped. 

George Wood was wished to speake for himselfe ; he seemed 
sorrowfuU and confessed all that was charged vpon him was 
true and that his miscariages haue bine very greate, and said 
he blessed God that hath thus discouered him and aiBicted 
him, for by this he more sees his condition and hopes it will be 
a warning to him. 

The Court haueing considered of these miscariages, by way 
of sentenc declared, that George Wood be first set in y« pillory 
aboute the space of an houre, w^h a papr fixed to the pillory 
by him, declareing his miscariages, that after he be seueerely 
whipt, that he and others may learne to feare such courses ; 

1666] JUBisDionoH of hew haven. 189 

aadteeing he hath bhie allrei&ie expelled out of this planta- 
tion for his miscariages^ if secnritie had not bine ginen for his 
good behaniour, but now falling againe into these and worse 
courses, as hath bine declared, stealing, lying, cursing him- 
selfe, tfavtatening to kill himselfe or others, n[iockiH|; his mi8> 
tris, rebelling against his master and against the authoritie in 
ye pUloe, and this on j^ Saboth day after precious meanes 
injoyed, w^h further lying a^d athiesticall miscariages, fyling 
of y« markes of the spoones stoUen, one of w^h would hftue 
bine death in some other place ; wherefore the court judg him 
not fitt to live amonge them, but by this senteno *he is ndw 
banished out of this jurisdiction, & if after he is one put forth, 
he be found in it againe, death is to be executed vpon him 
w^hout any further sentence, but because M^ Goodyeare hath ^ 
laid out some money for him and it iafltM^ it should be repaide, 
they giue foureteene dayes time that he may take his opptunitie 
to sell him in any of the other colonies or take other course 
for his securitie, but till then he must lye in prison & in irons, 
that so future miscariages may be preuented while he stayes 

^ ■ 

[124] At a Coubt op Maoistrats held at Newhauen fob 
ye JuBisDiCTiON, T® 15*** 8^^ M«: 1656. 


TheophUus Eaton, Esq', Gouemo'. 

M'. Stephen Goodyeare, Dept' Gouemo'. 

Francis Newman, \ 

M'. William Leete, > Magistrats. y 

M'. Benjamine Fenn, ) 

Jeremiah Jagger of Stamford appeared to prosecute in an 
action of the case against Lambert Woodward, but hee appeared 
not Aor any to answer for him, though he is ingaged in a bond 
of tenn pound for his appearanc ; wherefore the*court ordered 
that the secretary doe write to Stamford to y® constables there 
that if the said Lambert come theither they seize him or liis 
estate to the valew of tenn pound, or else take standing secu- 

190 BEOOBDS OP THB [1666 

ritie to that valew, to answer thA case here or satisfye Jeremiah 
Jagger, and j^ same M^ Fenn is to doe at Milford if he come 

Henry Peirson of Southampton prosecuted in an action of 
the case against M^". Giles Siluester of Shelter Island, on the 
behalfe of John Cooper and Thomas Coopr of Southampton, 
and showed to y« court two letters of atturney, one from 
Thomas Coopr to his brother John, and one from John Cooper 
to Henry Peirson, both to prosecute the said M'. Giles in this 
action; & j^ said Henry declared that M^^. Giles Siluester 
imployed John and Thomas Cooper to bring a mare and two 
colts to y® north sea wher he had a sloope to cary them to 
Shelter Island, which imployment (out of respect to him) they 
did accept and did their indeauour, but in bringing of them 
the mare being vnmley cast herselfe and dyed, and Capt. 
Siluester, whose the mare and colts were, sued Jonas Wood 
(of whom he bought them) for the same, and recouered 
against him, and Jonas Wood therevpon sued John and 
Thomas Cooper, and recouered the same of y"^, and they doe 
thinke that M^ Giles Siluester should beare them out in it, 
being he imployed them. 

Giles Siluester answered that he neuer imployed y« said 
Coopers in this seruice, but he comeing accidentally in the 
sloope w*h Thomas Yew to Northampton, Thomas Cooper 
came to him and told him that their were a mare and colts of 
his brothers at Southampton, and if he pleased he would bring 
them downe and get his bro: jjohn to help him, and he r^jed 
[125] if they were his brothers || hee would receive them if 
they brought them, and they went and brought two colts and 
he received them and caried them to Shelter Island, but his 
brother would not owne them. 

Henry Peirson was told that what he declared is denyed, 
therfore he must make proofe, wherevpon he presented a testi- 
money of Thomas Yew vpon oath, wherein he testifyes. that 
M'. Giles Siluester went with him in y*' sloope to Norljiamp- 
ton, and said he was ordered by his brother Nathaniell to bring 
a mare and two colts to Shelter Island in case they were taken 
vp, w^h they heard they were and put into &e oxe pasture. 


ao^T^ said OUes desired him to make ready the sloope to take 
them in, for, said he^ I haue got goodman Cooper to bring 
them downe, and he brought two colt, w^h they received and 
caried to, Shelter Island and deliuered them safe on shore, and 
that he heard Giles Siluester say the mare had killed herselfe 
and that his brother Nathaniel had lost more then this before 
now, "rot here was y® increase. 

A testimony of John Ogden vpon oath was also giuen in, 
wherin he affirmeth that he being at Northampton went aboard 
Capt. Siluesters vessell to speake with Giles Siluester and 
found him in great hast to goe to the towne, he asked the 
reason and he said because he had spoken to goodman Cooper 
of Southampton to looke vp a mare w^h his brother had 
bought of Jonas Wood, Hallifax, thai, he would gladly haue 
her and cary her home if she were finlxid. 

Tow testimonies of Marke vpon oath were presented, the 
one by Henry Peirson, the other by M'. Siluester. In that 
Henry Peirson gaue in, Marke Meggs affirmes that he heard 
Giles Siluester say to Thomas Cooper, that he would faine 
haue him get vp the mare now the boate is here, for he knew 
his brother would faine haue her, and he promised paye for his 
labour, wlj^erevpon Thomas Cooper told him he would his best 
if he could git his brother or another man to assist, for he- 
could not doe it alone. 

In that giuen in by Giles Siluester, Marke Meggs aflBrmes 
that beijig aboard y® boate that M^ Giles Siluester was in at 
Nortbampton, and John and Thomas Cooper being there, he 
heard Thomas Coopr tell M'. Giles Siluester that his brothers 
mare and colts were y° in the oxe pasture, and Giles Siluester 
said, I wish I had them here, seeing we haue a boate to cary 
them ouer, for my brother would very gladly haue them at 
the Island, and Thomas Cooper answered, Wee will bring 
them downe if my brother will help me, and Giles answered, 
if tihey would he should be much ingaged to them. Further 
this deponent saith, that being at Southampton, good wife 
Wood asked him to help downe w*h the mare and colts, he 
asked what iQ|p, she said the mare and colts that Caj^. 
Siluester bou^t of her husband, he replyed that Thomas 



192 BSSOORDS OF THB [1666 

Ooopr and John Cooper promised M^^. Giles to bring tbem 
downe, but goodw: Wood answered that neuer a Cooper of 
them all should haue to doe with any thing she hath, for she 
was to deliuer y"* to M'. Ogden. 

But by the testimony of John Howell, (whom goodw: 

Wood imployed w^i her owne lad to fetch this mare and 

coults,) it appeares that when they vnderstood that Thomas 

Cooper had order from Giles Siluester to take her vp and haue 

- her to him they left the buisnes. 

And Isack Willman vpon oath testifyeth that he was w*h 
goodw: Wood when she saw John and Thomas Coopr haltering 
this mare in the pound, but she said nothing to contradict 
them therein. 
*^ [126] II And Ann White, who seeing the mare fall downe 
when she killed heraelft, inquired whose mare it was, and 
goodwife Wood answered it was Capt. Siluesters mare w^h he 
bought so long agoe of her husband, sine w^h she hath had 
two colts, then she asked John and Thomas Cooper why they 
medled w^h her, and goodw: Wood answered that they were 
to haue them downe. 

A deposition of Thirston Bainer, and another of Mlis Cooke 
were giuen in, both affirming that the same day that the mare 
that is in controversy dyed, M'. Giles Siluester did imploye 
John and Thomas Coopr to marke the two colts that were left, 
and they did act accordingly, and while they were present 
they marked the said colts, or at least one of them. 

And Jonas Wood now being in court affirmed that the mare 
y* is dead, and now in question, was the very mare w<^h hee 
sould and intended for Capt. Siluester, and that hee had 
recouered against John and Thomas Coopr in the court at 
Southampton the valew of the said mare and colts, Capt. 
Siluester hauing before sued & recouered the same of him in 
the same court. 

Giles Siluester said that these men came to him at north 
sea, and said 'that such creatures of his brothers were in such 
a place and they would bring them downe ; he answered if 
fhej would, he would be thankfull and satire them, and to 
deere it deliuered in three testimonies, w<^h are as foUoweth, 

1656] JUBBDionoN of new haven. 198 

Mv. John Ogden deposeth that he told Giles Siluester that 
he had spoken to goody Wood to bring the mare to north sea, 
and she pmised to bring or send her theither or to Hog-neck, 
and M' Giles said he would haue the boate ready at north sea 
to cary hw, yet he would doe nothing w^hout this depon^ ; y© 
next morning he meeting M'. Giles, asked him aboute y« 
mare, he said they will be here by & by, he asked who brought 
her, M' Giles said Thorn: Goopr & some body w4i him, he 
replyed to Giles, he had done very badly and goody Wood 
could not take it well that he had not spake w^h her, M' Giles 
said he hoped ther would be no hurt, he replyed I cannot tell, 
ther might for ought he knew, he asked Giles if he had any 
order firom his brother, he said no but he hoped it would be 
well enough, and hee said he had not done it but onely that 
Thomas Cooper preferred to help him downe w^h them and so 
he imployed y"". 

Edmund Shawe, aged aboute forty seuen yeares, deposeth, 
that being in company w*h Tho: Coopr, he heard him say that 
he told M'. Giles Siluester that his brothers mare is got vp in 
y« ox pasture at Southampton, and that Thom: Coopr proffered 
his seruice to M'. Giles to take vp y® sd mare & bring her 
downe to y® north sea, and further saith, that being one of y« 
jury men at Southampton vpon y® tryall of y« said mare, w<^h 
mare being killed the coults were found by y« jury to belong 
to Jonas Wood & not to Capt. Siluester. 

John Howell & his wife testifyeth that Tho: Coopr being at 
their house they heard him say that he proflferred his seruice 
to M'. Giles Siluester, to cary downe his brothers mare, for he 
said he would neuer goe to the deuill for a mare, he would tell 
the truth, & if he did pay for a mare it should learne him more 
witt then to proffer his seruice to a gentleman another time. 

[127] II W<^h being read, he was told that whether he or they 
spake first is not much matteriall, it is cleere by the testimo- 
nies giuen in both by himselfe & Henry Peirson, and now also 
by his owne words, that he did imploye them and promised 
them paye, and therfore why he should not beare them out in 
it, (vnless he can proue any ipiscariage on their part,) must 
be considered. 

Things hauing proceeded thus farr, both plant, and defendt. 
were asked if they had any more to say in the case, and they 
said no. Wherevpon after due consideration, the court 
declared that w% the actions that haue formerly bine in 



104 REOOBDS OF TflOB Pi656 

another court they medle not, file suit then not bemg betwixt 
the Coopers and M«". Siluester, but by what now appeares y* 
mare and colts were Capt. Siluesters, though not formally 
deliuered, and that Giles Siluester treated and agreed w^h 
John and Thomas Cooper to fetch this mare and colts, and 
after by his order they help to marke the colts, and he received 
them and caried them to Shelter Island, and though goodwife 
Wood imployed some others to fetch them, yet when they 
heard that John and Thomas Cooper were imployed by Giles 
Siluester, they desisted, and when she saw them halter the 
mare in the pound she witnessed not against it, and after 
when y« mare was dead she said it was the mare her husband 
sould to Captaine Siluester, and that the Coopers were to haue 
'* them downe. 

Wherefore vpon the grounds before mentioned, the sentenc 
of the court is, that M^ Giles Siluester doe free the said John 
and Thomas Cooper from the sentenc of the court at South- 
ampton, in that action tryed there betwixt them and Jonas 
Wood concerning this mare & colts in question, and from the 
execution of y® said sentenc and all damages and consequences 
of the same, and that he paye the said John & Thomas Cooper 
for charges they haue bine at aboute this buisnes fine pounds, 
leaning the said M'. Giles at libbertie vpon ftirther euidenc to 
haue the case reueiwed, either here or elsewhere, or take any 
other just course for his releife as he shall thinke fitt. 

It is agreed that a day of thanksgiuing shall be kept through 
the whole jurisdiction for the mercies of the yeare past, the 
first fourth day of the weeke in the next moneth, w^h will be 
the 5**^ day of the moneth, and that that day fortnight shall 
be a day of humiliation, to humble ourselues for our sinns 
and prouoacations against God, and on behalfe of our native 
cuntrye, wherin also is to be remembred the state of things at 
Hartford, and in Plymouth colony also. 

M'. Goodanhouse propounded for a debt of thirty pound, 
due to him (as he saith) out of M'. Westerhouse estate, and 
showed an account makeing the same to appeare, but the 
court saw not cause to grant his desire, but they leaue it to 
Newhauen court, that if they see cause to let him haue ten 

16MJ JimiSDionoN of new haven. 195 

poimd of that w°h is in M^. Hudsons hand, giuing securitie to 
be answemblo as occasion shall serue, and for y rest that is 
in M'. Hudsons hand, they also leaue to them to issue w'-h 
him, both in pointe of conaideratioQ or alowanc for it while 
he hath had it or shall haue it in his hand, and for Becoritie 
for y« time to come, that the estate may the better be preserued 
for tiie advantage of the creditors. 

It is ordered that sider ihall not be sould to Indians othep> 
wise then wine, strong water, &c., and voder the same penaltie 
if any doe. 

Newhauen Indians were w'h the court and desired them to 
lend them now in y« time of their feares three pound of pow- 
der, they were told that they must remove themselues to the 
other side, where their owne land is, and not dwell here nere 
the towne, where they are disorderly and giue oQence, and 
vpon their remoue tliiether, (w=h they haue 7 or 8 dayes 
liberde for,) they shall haue three pound of powder lent them. 

[128} At a Ggn: Court held at Newhauen fob thb Jubib- 
DICTION, the 24"' 12"' M", 1656. 
Theoflh: Eaton, Esq"", Gouemo'. 
M'. Stephen Goodyeere, Deput. Gou'. 

Francis Newman, 1 

Mf. William Leete, > Magistrats. 

M'. Benja: Fean, ) 

M'. Wakeman, 
Mr. Gibbard. 
Robt Treato, 
Tho: Buckingham. 
M'. Kitchell, 
M^ Ghittendine. 
M'. Crane, 
Sam: Swaiue. 
The Gouernor iufonned that he had received letters from 
M'. Rawson, secretarie to the Massachusets colonie, by order 
of that gen: court, w'h w<=h this court is to be acquainted, and 
vnto w=h it is necessarie they should give answer. The letters 
were read, whereby it appeared that vpon the receipt of a letter 
from the gen court at Connecticote, and sundrie questions 

196 BEGORDS OF THB [1666 

therew^h, (a copie where-of was also sent and- now read,) 
aboute church affaires, the gen: court in the Massachusets 
haue appointed a Synod, or meeting of elders, to be in the 
beginning of June next, and haue chosen twelue of the elders 
of that colony, and desire this colony also to send some of 
their elders to the meeting, for the rcsoluing of these ques- 
tions and what else may be propounded, all w^h the court, 
w4i the help of such elders as were present, did seriously con- 
sider of as a thing of great weight and moment, and in the 
issue, considering the removeall and death of some of their 
elders, saw no cause to send any of the remaining elders of 
this jurisdiction, but concluded that their answer to the gen; 
court of the Massachusets should be as in this ensuing letter. 

Much Honnoured Gentlemen, 

Wee heard of some petitions and questions, at first vnwar^ 
rantably procuried and presented at Connecticote, but since, 
vnder the name of libertie, offensively if not mutinously pros- 
ecuted, and that the gen: court for that colony had desired 
advice or assistanc from yo'selues therein. A letter by yo' 
order from M'. Rawson, dated October 22^*», 1656, informes 
more pticularly ; it came to hand Nouemb' | J^^, but the yeare 
was then so farr spent that it seemed inconvenient to call a 
gen: court; they haue since mett and considered the contents, 
and though they approve yo^ readiues to afford help when the 
case requires it, yet themselues conceive that the elders of 
Connecticote colony, w'h due assistance from their court, had 
bine fully sufficient to cleare and maintayne the truth and to 
suppress the boldness of such petition's, (according to a good 
president you gaue y« colonies some yeares since, in a case 
not much differring,) w'hout calling a synod, or any such 
meeting, w«h in such times may prove dangerous to y® puritie 
and peace of these churches and colonies. 

We heare the petition's, or others closeing w*h them, are 
very confident they shall obteyne great alterations, both in 
ciuill gouerm^ and in church discipline, and that some of them 
[129] haue procured or hyred one as their || agent to main- 
tayne in writing, (as is conceived,) that parishes in England, 
consenting to and continewing their meetings to worship God, 

1666] JUBiSDionoN of new haven. 197 

are true ohorches, and such persons n comeing ouer hether, 
(w^bout holding forth any worke of faith, &c.,) haue right to 
all church priveledges; and probably they expect their deputie 
should imploye himselfe and improue his interest, to spread 
and press such paradoxes in the Massachusets, yea at the 
synod or meeting. But though some in all the colonies 
afifecting such liberty may too readily hearken and comply, 
yet wee hope the generall courts, who haue framed their ciuill 
polity and lawes according to the rules of Oods most holy 
word, and the elders and churches who haue gathered and 
received their discipline out of the same holy scriptures, will 
vnanimously improve their power and indeavours to preserue 
the same invyolably, remembering that in Christs concerjim^s, 
they that put their hands to y® plough and looke back will 
certaynly haue cause to judg themselues; yet considering how 
soone the church of Ephesus, (much comended for her puritie 
and zeale,) left and abated in her first loue, and how suddenly 
those famous churches declyned, and thereby provoaked Christ 
to deprive them of their church estate and priveledges, wee 
haue all much cause to watch and pray that wee enter not into 

The churches in this small colonic are sensible of an afflict- 
ing hand of God, in the remove of M'. Whitfeld, and New- 
hauen ruling elder formerly, the remoue of M^ Hooke lately, 
and the death of M^ Prudden, so that it would be very incon- 
venient for them, (besids M'. Dauenports psonall vnfitnes for 
so long a journey in the heate of summer,) to send or spare 
any of their remaining teaching officers to a seruice like to 
require much time ; but their elders haue pused the one and 
twenty questions, and drawne vp their thoughts by way of 
answer, w^h beeing read and considered by this court, are fully 
approued ; but they also offer them to yo' owne and to jo^ 
reuerend elders due consideration, beeseeching the onely wise, 
holy and gracious God to bless the meeting, (w*hout whose 
speciall blessing, according to y« present state & frame of 
things in Connecticote colonic, w^h may soone spread further, 
such a meeting, if it hold, may produce sad effects,) to guide 
all consultations, and to order the success in all respects to 

198 BBCOBDS OF THB [1656 

his owne glorj and his peoples good. W^h my due respects, 
I rest, Yo's in all seruice of loue, 

Theophilus Eaton, 
In the name and by order of y« 

Gtenerall Court for Newhauen colonie. 
Newhauen, February 26**>, 1666. 

An answer to the forementioned questions, drawne vp by 
M'. Dauenport, was read and approved by this court, and 
ordered to be sent to y« Bay, to the said meeting. 

To the law in print, concerning disturbers of the publique 
peace, as in y« booke of lawes, fo: 36, this following clause is 
by this court added, & is to be obserued by the whole juris- 

And for that designes or practises tending to publique 
inconuenienc and mischeife, are vsually mannaged by letters 
or writings in a cunning secret way, the conspirators or actors 
not thinking it safe to meete often, it shall be in the power of 
the gouemor, or any magistrate, or other officer where there 
is no magistrate, vpon just or probable grounds, to search or 
cause to be searched any mans house, study, closset, or any 
other place, for bookes, letters, wrightings, or any thing else, 
to discouer and preuent such danger, and the like in case of 
murder, theft, and other enormioss crimes, that wee may liue 
a quiet and peaceable life, in all godlines and honesty, w<^h is 
the vse and end of magistracy. 

[130] At a Court op Magistrats, held at Newhauen 

26th 12th Mo: 1666. 


Theophilus Eaton, Esq% Gouernc. 
M^ Stephen Goodyeere, Dept. Gou'. 

Francis Newman, J 

M'. Benja: Fenn, > Magistrats. 

M^ William Leete, ) 

John Tompson entered an action against the estate of M"^. 
Jn® Roberts, which is in the hand of M'. Wakeman, and some 

1656] JUBisDionoN of new haven. 199 

there is at Sea-Brooke in the hand of one Westall, and some 
at Boade Island, and declared, that there was a treaty of mar- 
riage betwixt the saide John Roberts and Ann Vicars, (who is 
now wife to him the said John Tompson,) which treaty pro- 
ceeded to a contract, now allmost foure yeares agoe, after w<^h 
be went to England and promised to come againe, w<^h he hath 
not done, nor sent that they can hearo of; but before he went 
away, he gaue what he had in this country to Ann Vicars, his 
espoused wife. Hee was asked when it was due, he said he 
apprehended when she demanded it. Hec was told, for what 
is in other places this court medles not, but w^h that w<^h is 
in this jurisdiction, and because tlie case coucernes an absent 
man, they must be the more warye and act vpon cleere proofe 
in what they doe, and therfore what witnesses he hath he may 
produce, wherevpon he p'sented a testimoney of John Thomas, 
vnder his hand, dated 5*^ •day 10^*> m^ : 1656, as foUoweth, 

I, John Thomas, doe testify that M"*. Jn^ Roberts told me 
goeing to Millford, and at Millford, that whether he lined or 
dyed, he gaue all his estate that he had in Newhauen and at 
Roade Island, (in case he came no more,) to his contracted 

Thomas Harrison, now in court, testifyoth vpon oath, that 
he heard M"*. Roberts say when he went away, that he had 
given to Ann Vicars his whole estate in New-England, whether 
he lined or dyed. 

Anthony Elcott also vpon oath affirmeth, that he heard M^ 
Roberts say, both at water-side and aboard the vessell when 
he went away, that if he proued inconstant, or whether he 
lived or dyed, he gaue that he had here to Ann Vicars, and 
she might goe to them, (meaning M^. Wakeman & M' Ling, 
whom he intrusted w^h his estate,) and take what she would. 

The Court considered of the case propounded, and of the 
seuerall testimonies as they are presented, and declared that 
they finde that it depends mainly vpon his proveing inconstant 
or vpon his death, and as Jn^ Thomas saith, if he came not 
againe, in all w^h they are yet vncertaine, also they finde no 
direction giuen to them intrusted, to alienate the estate from 
M^ Roberts to her, except (if need were) to supply something 
for her present vae, nor can they judg it rationall that he 

200 RECORDS OF THB ' [1656 

should giue away his estate in such a manner from himselfe, 
therfore the court (w^hout any prejudice to his right) must 
leaue it till more full light appeare, and beside, by what some 
haue said, it is questionable whether the estate here doth 
belonge to M^. Roberts, or to his mother. 

Bichard Baldwin informed the court, that there hath bine 
some wines and liqours brought into Millford by William 
[131] East, w^h hath || not paide custome according to order, 
for w<^h he was warned to answer at this court but appeared 
not, the reason was giuen that because of some present weak- 
ness of body he is not able to come, but M'. Fenn informed 
that he hath written to him to acquainte the court that he 
either forgott it or did not know the order, both w^h cannot 
be true, nor neither in case of the liqours, for he hath paide 
custome for wine formerly, as John Browne and Samuell 
Cooley affirme vnder their hands ; and for the liqours he was 
told by Richard Baldwin, who bought some of it, that he must 
paye the custome, but he refused, and that Ensigne Bryan 
replyed to Rich: Baldwin, whateuer he saith he must paye it. 
It was demanded how much it is he hath thus defrauded the 
jurisdiction of; it was answered that they finde first, three 
pipes of wine and fifteene anchors of liqours, but they heare 
of six pipes of wine more. Tlie court considered of the case, 
and because he is not here, they pass no sentenc at present, 
but order that securitie be taken of him to the valew of the 
goods mentioned, that so he may answer it at the next court. 

Serjant Fowler also informed that James Roggers hath 
brouglit in some liqours and not paide custome for them. 
James Roggers being present was asked how much it was, he 
said two or three anchors, but part of one of them is still in 
his house, but was told that custome should haue bine paide 
for them all; hee said also that he had informed Ensigne 
Bryan, the treasurer of their towne, of them, that he might 
receive the paye in accounts betwixt them, but ensigne said 
he remembers it not, nor could James Roggers now say that 
any such thing had bine accounted for, though sine that time 
accounts haue bine made vp betwixt them, nor did produce 
any other proofe to show he had either paide or so giuen it in, 


and M^ Fenn now said, that hearing of it he told James 
Boggers that he must answer for his said neglect ; but because 
he might also haue liberty to cleere matters if he can, the court 
at this time did not pass sentence in the case, but ordered that 
James Boggers doe also giue securitie to the valew of the said 
liqours, to stand to the courts sentence when it shall be 
declared, the takeing of w^h securitie in both cases is referred 
to M'. Fenn. 

At a Court of Magistrats held at Newhauen for the 
Jurisdiction, the 25'^ 8^ M^: 1657. 


Theophilus Eaton, Esq*", Gouerno*^. 

M*". Stephen Goodyeare, Dept. Gou\ 

Francis Newman, 1 

M'. Benja: Fenn, > Magistrats. 

M^ William Leeto, ) 

John Vflfoote was called before the court, and charged w'h 
comitting fornication wUi Martha Netleton, w^'h was his 
fathers seruant, and first was read what had passed at a 
former court, when his wife and he was deuourced, and he 
was told that he might obserue thereby how carefuU the court 
was to doe nothing in that buisnes but vpon cleere groimd, 
w*^h they had then from himself, that he was not fitt for that 
relation, neither wUi that woman nor w'h any other, and 
judged so himselfe y^ he neuer should be fitt, w^h was also 
confirmed by his father. Now it is a strange thing, that after 
all this he should miscary in this manner. 

John Vffoote confessed that he had coiTiitted filthyness w^h 
this woman, Martha Netleton, and that she was w^h child by 
him, and professed he was sorey for his sinn therein comitted 
against God, but yet desires the court to consider the case, 
[132] being before (though by his owne fault) || deuourced 
for insufficiency, w<^h he hopes might in time haue appeared 
otherwise, if his wife had caryed it toward him as she ought, 
but now findeing the neede of that help, was by y« power of 


202 RfiCOBDS OP THE [1657 

temptation and corruption in his owne heart ouercome, he 
desired the court would be fauourable to him, and yt he might 
haue libertie to marry this woman Martha, w^h is his fathers 
desire also, as Rogger Terrill who is appointed by his father 
did now declare to the court, and goodman Netleton, the 
father of the woman, being p^sent desired y« same also. 

Martha Netleton confessed that she hath comitted fornica- 
tion w^h John VflFoote, and is w^h child by him, w<^h was in 
Nouemb*" last ; she was told there are some suspitions that she 
hath caryed it ill w^h some other pson, but she denyed it and 
said she is as innocent in that case as the child new-bome. 

The Court hauing considered the case did declare, that as 
things are now represented to them, they thinke ho is not 
vncapeable of marriage, howeuer things haue passed formerly, 
w<^h they intend to inquire after. The fact now comitted they 
thinke deserues corporall punishment, but considering she is 
w^h child, and as they vnderstand hath some faynting fitts and 
so may be apt to receive hurt by it ; they haue considered his 
case also as it hath bine presented, and by way of sentenc doe 
order, that John VflFoote paye, as a fine to the jurisdiction, 
tenn poimd, and that Martha Netleton paye, as a fine to the 
jurisdiction, five pound, and if further miscariage be proued 
hereafter, they must expect to heare of it againe, and for the 
marriage, the court is willing that attending -the law in that 
case, and proceeding in a sober way, they may marry so soone 
as they shall see convenient for y°» ; but she and her father 
were told that they haue heard what hath passed concerning 
formerly, and yet notw^hstanding by this tlieir desire they 
show that they judg him a man fitt for that relation, and 
therefore how-euer things may proue, they haue no cause to 
make any more questions in that case; they all declared 
themselues satisfyed in that pticulcr. 

An inuentorie of the estate of Humphery Spinning, late of 
Newhaue deceased, was presented, amount, to two hundered 
and ten pound two shillings and fine penc, taken y« 29^ *> of 
Septembr, 1656, prised by Richard Myles and Henry Rother- 
ford, and by them testifyed vpon oath to be a true apprisment, 
at a court held at Newhauen y« 6^^ of the 11^>» m9y 1656, and 


Humphery Spinning, kinsman to j^ deceased, and Lettice and 
Mary his two daughters, vpon oath affirmed that it is a true 
and full inuentory according to their best light & knowledg, 
onely ther is some desperate debts, aboute 7^, 10>, and a house 
at Oyster Bay not in y« former apprisment. 

An inuentprie of the estate of Thomas Wheeler, late of 
Newhauen deceased, was presented, amount, to 196': 03: 08, 
taken the second day of the 11^*> m^, 1656, prised by Mathew 
Gilbert and John Wakeman, and by them testifyed vpon oath 
to be a true apprism* according to their best light, at a court 
held at Newhauen y« 6^^ of 11^»> m«, 1656, and Elizabeth 
Wheeler, the widdow of y« deceased, vpon oath affirmed that 
according to her best knowledg it is a full and true inuentorie 
of her deceased husbands estate. 

[133] II The last will and testam* of M^. Peter Prudden, late 
pastour of the church at Millford was presented, made the 26*1* 
day of July 1656, witnessed by his owne hand, and declared 
to be so in y« presenc of Timothy Baldwine, Richard Piatt and 
John Browne. 

An inuentorie of the estate of the said M^ Peter Prudden 
was also p^sented, amount, to nine hundered twenty foure 
pounds eighteene shillings & fine pence, prised by Allexander 
Bryan and James Roggers, and by them testifyed vpon oath 
to be a just apprism^ according to their best light, at a court 
at Milford y« 4^^ of Decembr, 1656, and M*"*". Joanna Prudden, 
y« widdow and executrixe of j^ deceased, vpon oath affirmed 
that it is a full and true inuentorie according to her best 
knowledg, except some reckonings betwixt the towne of Mil- 
ford and she, that at present could not be cleered. This 
inuentorie was taken 2^ Septem: 1656. 

An inuentorie of the estate of Rogger Williams, who lined 
at Milford, was p^sented, amounting to 29': 05: 00^, and 
therin attested by the secret:, that at a court held at Milford 
y« 2d of Septem: 1656, Allexander Bryan and Richard Bryan 
affirmed vpon oath that this is a true copie, taken out of y« 
originall and that y« originall inuentorie was valewed justly to 
the best light of the apprissers, witness Allexander Bryan, 
Robert Treat. 

204 RECORDS OP THE [1667 

Prom Stamford was p'sented the last will and testament of 
Robert Hussted senior, made the 8**» day of July, 1662, w^h is 
confirmed by his owne seale, and witnessed by Richard Crabb 
and William Newman ; legally proued at Stamford 4t^^ Nouem' 

The last will and testament of Elizabeth Hustis, late of 
Stamford deceased, was presented, made the 16^*> of October, 
1654, confirmed by the marke of her owne hand, witnessed 
by Richard Mills and Jeremiah Jagger, legally proued at a 
court at Stamford y® 20^*> Nouembr, 1654. 

An inuentorie of the estate of John Chapman, late of Stam- 
ford deceased, was presented, taken y« 80'*» January, 1655, 
amount, to 270^ : 17" : 08^, prised by Richard Law and Francis 
Bell vpon oath, as is therin certifyed. 

An inuentorie of the estate of Robert Rugg, late of Stam- 
ford deceased, was presented, taken y« 29'*> January, 1655, 
amount to 80': 06: 02^, prised by Richard Law and Francis 
Bell vpon oath, as is therein certifyed. 

Some difiFerenc betwixt James Mills, M' Goody eare, M'. 
Allerton and M^. Larebee, was presented to the court, but 
after by consent w%drawne and referred to a private deter- 

Edward Jessup, planV. ) Edward Jessup declared that Rich- 
Richard Crabby defendt\ ) ard Crabb hath taken vp a mare 
of his w^h had bine marked w'h his marke two or three yeare, 
and hath added another marke, and hath giuen away pt of the 
said mare to Abraham Frost to recouer the other part. 

Abraham Frost, atturney for Richard Crab, owned the 
takeing vp the mare, and being in question was advised to giue 
her s^me other marke, w^h they did by cutting her tayle, and 
at first he denyed that he had one pt to recouer the other, but 
that it was freely giuen him ; he was told it is true he was 
advised by the constables at Stamford to giue her some by- 
marke, as cutting a few haires or the like, but he had cut the 
tayle quite oflF, w^h they neuer intended, and that is the worss 
because it is the marke that Rich: Crab giues his other horses. 

Both pties were told that the court can doe nothing in this 
case but vpon proofe, and therefore if they haue any evidenc 


tiiey may produce it. That the mare was taken vp by Richard 
Crab or his agent and thus marked is confessed, and seuerall 
[184] II testimonies were presented by Edwa: Jessup in wri- 
ting, w<^h makes it probable that the mare might be his, and 
that Abraham Frost was to haue a pt of y« mare and increase, 
to recouer y® other pt for Richard Crab. 

Abraham Frost also p«"sented one testimoney w<^h saith this 
mare was like goodman Crabs, and another that saith it was 
like y« mare that goodman Crab discribed to him to be his. 

But more fully to cleere the buisnes Edward Jessup brought 
Joseph Mead of Stamford, (who was his agent and imployed 
by him and did marke this mare for him,) as his witnes, who 
did now in court aflSrme vpon oath, that when Edward Jessup 
and his mother widdow Whitmore went from Stamford to live 
elswhere, they left two mares at Stamford and desired him to 
take care of them, and he did vse what care he could in it, and 
these two mares and their increase he obserued from time to 
time, yeare after yeare, haueing many occasions to goe into the 
woods, and this pticuler mare now in differrcnc she did keepe 
w^h the other colt that was a companion w*h her seuerall 
yeares, they two being together he obserued them when they 
were sucking colts and also before they were a yeare old, and 
seuerall times in the yeare, and obserued how the cullour went 
on, and can safely say that this mare, w^hout any question or 
scruple in his conscienc, is Edward Jessups. 

Further to strengthen this testimoney it was affirmed now 
in court by some of Stamford, and some testimonies in writing 
were showed to that purpose, that Joseph Mead is a man well 
experienced in the knowledg of most mens horses aboute 
Stamford, and is much imployed by others to looke vp horses 
for them, and is judged to be one of the ablest in towne for 
that purpose. 

Abraham Frost said that when Joseph Mead marked this 
mare for Edward Jessup, he was wished by the constables at 
Stamford not to doe it, and the constables now said that they 
wished him to forbeare at present. 

Both pties hauing spoken what they would in the case, the 
court declared, that they haue considered the case as it is pre- 


206 RECORDS OF THE [1657 

sented, and according to their best light this mare in question 
seems to be Edward Jessups, but because it is but one witnes 
that speakes punctially to it, and that there is possibillitie of 
mistake &, the mare was marked by Joseph Mead against 
advice, therefore, if w'hin a yeares time Richard Crab or any 
other bring in better evidcnc, they shall be heard and the case 
againe considered, notw^hstanding what is now done, and that 
Richard Crab paye Edwa: Jessup for charges forty shillings, 
but if Edwa: Jessup shall wUiin the yeare before mentioned 
remove the mare out of this jurisdiction, he shall put in stand- 
ing securitfe to the full valew of the said mare, to be answera- 
ble for the same if better proofe be made and to paye back the 
forty shillings againe w<^h he received for charges also. 

The buisnes concerning William East, aboute the custome 
of wines and strong liqours, w^h was in question the last court 
of magistrats, was now againe spoken to, and Richard Bald- 
win further informed that he had told M^. Fenn thereof before 
any account was giuen in or taken, w^h was at goodman 
[135] Fletchers || house, as Richard Bryan and Joseph 
Waters now afl&rmed, and M^. Fenn denyed not, w<^h informa- 
tion he thought himselfe bound by the law to giue in, and 
therefore expects the benifit of the law thereby. The quan- 
titie is still found to be the same as was before spoken of, that 
is, fifteene anchors of liqours and three pipes of wine and six 
pipes of vrine, nine in all, onely it was now said, and Samuell 
Cooley affirmed, that some of that wine was neuer landed at 
Milford, but drawne out aboard y© vessell into smaller caske 
and sent to Vergenia. William East was not present, but 
Edward Camp on his behalfe said that at tliat time no body 
was appointed at Milford to receive the customs, and none 
called for it and he forgot. He was told his saying he forgot 
excuseth him not, and if none were appointed he should haue 
gone to the magistrate or treasurer and informed and made 
entry, w^h might haue showed he intended not to defraude, 
and he cannot plead ignoranc because himselfe hath saide 
that he hath formerly bine carefuU to paye customs, w<^h 
implyes that he was not so carefuU now. The buisnes being 
thus farr debated, was left at present and no sentenc con- 
cluded therein. 

165T] JCBiBDicnoN op new haven. 207 

The like case concerning James Roggers, in qaeBtion at the 
same time, was now called rpon, but none was here to answer, 
and M'. Fenn informed that there is tenu or twelue pound in 
BnBigne Brjans hand, wh is Becmitie for him till it maj 
appeare what the sentence of the court is, w<^h will also be 
lyable to answer the same. 

Some question concerning Henry Tomlinson w'b did keepe 
the ordinarie at Milford, aboute his not glueing in a just 
account for wine and stronge liqour he hath drawne, w=h waa 
vnder consideratiou by the court of magistrats in June last, 
was now further inquired into, and M'. Penn who was then 
desired by the court to looke after that buisnes, presented an 
ace"' farr exceeding what the said Hen: Tomlinson bad giuen 
in, web was then but eight anchors, but now by the account 
ther appeares to be thirty one anchors & a halfe of liqours, y" 
8 anchors ^uen in before included, and foure pipes & one 
quarter of sack, and seuen hogsheads of white wine and claret, 
part of w^h it seemes he hath since owned to be due from him 
because he hath paide to tlie treasurer, as he hath giuen it 
vnder his hand, twelue pound for excise of wine and liqours, 
but the whole some of the quantitie before mentioned, at 6" 8'' 
an anchor for liqours, and forty shillings a pipe for wine, is 
twenty six pound, beside the forfeiture according to the law, 
seeing he gaue it not in according to order, and had it not 
bine inquired after, it is likely the jurisdiction had bine 
de&auded of it. Henry Tomlinson said that after he was gone 
irom Milford, he desired M'. Bryan to paye it, and left estate 
in his hand to doc it, and 12i was pd and he thought it had 
satisfyed. He was asked if he gaue the account in vncalled 
for, or rather when he heard it would bo questioned and saw 
the danger like to come then gaue it in ; he said he remembers 
not that any spake to him aboute it, but M'. Fenn said that 
Ensigne Bryan told him that Tomlinson gaue in no account 
to him, nor any ord' to paye the forementioned some, but he 
ventured to paye it and questioned not but be would paye'him 
againe. Tomlinson said that Ensign Bryan could cleere it, 
and therevpon was told, that seeing ensigne is not here, the 
court will respite the sentence, prouided that be put in eecuritie 

208 RECORDS OF THE [1657 

to attend this court vpon due warning to answer this matter 
in question, w^h he said he would indeauour to doe, and Jere- 
miah Osborne now before the court ingageth himselfe and 
estate to the valew of fifty pound, that Hen: Tomlinson vpon 
due notice giuen shall attend this court to answer in this case 
vnder consideration. 

Thomas Hopewell, an Indian that inhabits at Brandford, 
was complauied of for giueing rayling, threatening words to 
[136] seuerall psons, as John || Whitehead, Francis Bradley, 
Samuell Ward, Josias Ward, and^ goodwife Williams and her 
sonn, saying he would knock some of them ith' head, stab 
some of them at the lieart, meete w^h them in the woods, or 
one time or other, and then let them looke to it, he hath also 
accused to goodw: Williams, Francis Bradely for being naught 
w4i his wife, and after denyed it againe, but being examined 
and seuerall writings read by way of testimoney, witnessing his 
miscariages, he could sliow no just cause for such words or 
eariage, but said he had no witnes here to cleere him, where- 
vpon he had libertie to send for them, and lie was told vpon 
securitie he might liaue his libertie, but fayling of that he was 
comitted to prison in the meane time. After a conuenient 
season of wayting he was called before the court againe, but 
no witness appeared to cleere him, onely he accused the wife 
of Richard Harrison for giueing him some ill words, w^h he 
requited w4i worss, both which the court witnessed against, 
and told him that if he can cleere himselfe of all or any of 
these charges he hath libertie, at last he confessed that he had 
done fooleishly and said he was faulty in the pticulers men- 
tioned, and promised amendment, where vpon M^ Crane, John 
Whitehead, Fran. Bradley and Richard Harrison, who were 
present, declared themselues satisfyed so farr as to make a 
tryall for a time, and the court told Thomas the Indian, that 
the miscariages are very great and such as may not be borne, 
and had it bine an English-man he would haue bine witnessed 
against in another manner, but vpon his confession and promise 
to walke inoffensively hereafter, the court will spare him and 
also make a tryall for this time, and so vpon his payeing his 

1657] JURisDicTroN of new haven. 209 

fees for imiHisonment, & other charges if it be required, he 
may haue his libertie. 

John Beard and his wife Hannah, w^h was formerly the 
wife of John VflFoote, was called before the court, and she was 
lold that the court hath heard sunderie reports of her ill 
cariage, w*h w<^h they are much vnsatisfyed, and pticulerly 
that she did not cary herselfe as a wife towards Jn** VfToote 
when she stood in that relation to him, but hath w^hdrawne 
that loue and respect w«h she ought to haue showed, and hath 
showed more familiaritie and content in y« company of others 
then was meete and comely for one in that relation. It is 
reported that vpon marriage day to Jn^ Vffoote, she should 
say that she was resolued to keepe herselfe a maide for one 
yeare, and there be more then one that say that John Woods 
reported this, that his wife then lining at Milford heard her 
say so. Hannah Beard said that she remembers it not. 
L\^^ John VflFoote who in this case complained as haueing bin 
wronged by her, presented some testimonies to the court, w*^h 
were read, wherein M""'". Ferman, Elizabeth Hinde y« wife of 
Tho: Hinde, and Isabell Langden the wife of Tho: Langden, 
doe joyntly and seuerally affirme that they heard goodvwfe 
Beard say when she was Jn^ Vffoots wife, when a fast was 
kept at old VflFoots house, I did not fast, but filled my belly as 
fuU as I could, and when they prayde one way I prayde another 
way. This Hannah Beard acknowledged was true, and said 
it was her great sinn for w^h she is sorey ; she was told it is a 
high pvokation of God, and that w^'h sheweth a prophane 
spirit in her, beside the discouery of her spirit in refferrenc to 
John VflFoote who was then her husband. This fast was kept 
[187] to seeke God to fitt him for his duty toward her, || but 
it seemes she had no desire that should be obtayned, but rather 
that he might continew vnable still, (if it were so,) that she 
might thereby wringe herself from him, for when they prayd 
God to fitt him, she praide otherwise. 

Thomas Hinde, his wife, and goodw: Langden doe testifye 
they heard the said Hannah Beard say, that if she was pted 
from John VflFoote, she would quickly be married againe, and 
also that they heard her say at another time, when she was 



Jn^ Vffoots wife, that John Yffoote was a Ibole and she could 
make him say what she listed. These things were fiilly 
proued, and she denyed them not, and was told that the car- 
riages doe show that she had no wife like affection to John 
Yffoote, w<^h might make him say as he did ; and John Yffoote 
now said that she told him if he would confesse himselle 
insufficient, she would liue w^h him halfe a yeare longer, and 
in that time he hoped it might appeare otherwise, whereby he 
was drawne to say as he did, but it was his great sinn, but y« 
said Hannah denyed that euer ^e said so to him. Another 
writeing from Mi"'*. Ferman was read, wherein it is testifyed 
that she heard goodw: Beard say, when she was John Yfibots 
wife, that it is a pittious case that she must liue w^h one that 
she did neuer loue. The court told her that they haue heard 
of some vnsuitable carriage w^h other men, and in pticuler one 
that M^ Hudson can speake to, who was called, and affirmed 
that while this woman was Jn^ Yffoots wife, he being occasion- 
ally at Milford in the winter time, some snow being newly 
fallen, and he not very well, wanted a horss to come home, he 
mett w^h a sea-man, whose name he desirs to conceale, that 
told him that he could help him to one, and he had him to 
John Yffoots ; they went into the house and this yoimg man 
asked for his. wife, he said she was not at home, she was gone 
to Newhaven, they sat downe a while and tooke a pipe of 
tobaco, and in that time she came home and there was such 
mutuall familiaritie betwixt this sea-man and her as he thought 
was vnseemely and he was troubled at it ; the man was knowne 
to be loose and vayne in his life and conyersation, and his 
cariage a greife to his relations, but she called him brother, 
and he called her sister, and there was some whispering 
betwixt them, holding their faces neere together, manyfesting 
much intimacy, and when they were come forth he asked him 
how they came so familiar, he said he vsed to frequent the 
house, but the magistrate heard of it and threatened him, and 
then he durst goe no more, but then they improued y« night 
season, and went into the meeting house and discoursed 
together. Goodw: Beard was asked what she said to this, she 
owned what was said was true, onely that aboute the meeting 

1657] JUBiBDicmoN of niw hayen. 211 

house ahe denyed, but said that the generallitie of her carriage 
hath bine vnsuitable for a wife, yet she had biue no binderanc 
to him in way of conjugall duty, wherevpon some other testi- 
monies were read, formerly taken by Gapt. Astwood, brought 
then to cleere his sufficiency and her refusall, for y« first Obed 
Soward, Francis French and some other affirme, the pticulers 
whereof modesty suffers not to mention, but y« summ is that 
it showes an appearanc of his sufficiency before marriage, for 
the second, viz^, her refusall, Thom: . Langden ypon oath 
affirmeth, that lying at goodman Yffoots one night in the 
chamber ouer y* roome where Jn** Vffoote & his wife lay, he 
heard them discourse together and heard her say, if he would 
not let her alone, she would goe out of y« bed and lye in y« 
floore, after he spake to her of it, she owned y« words, but 
gaue this as the reason, that her husband would not let her 
[188] haue any cloathes to couer || her. This was the night 
after the day of humiliation had bine at goodman Yffoots. 

Edward Gamp now in court affirmed, that he lay one night 
at goodman Yffoots, in the chamber ouer the roome where 
John YfK)ote and his wife lay, and when they were in bed he 
heard say plamely, stand away, let me alone ; some body laye 
w^h him whom he asked the reason of this disturbanc, and he 
said alass that was nothing to what they sometime haue. 

M^. Fenn said that he hath heard that sometime ther hath 
bine such disturbance as the old man hath bine faine to rise 
out of his bed and call to y°>, and wish his daughter to attend 

Goodwife Beard was told that these things doe make it prob- 
able that she hath willfully refused to doe her duty to her hus- 
band, but she would not owne it. M^. Hawley, brother to y« 
said Hannah Beard, now informed the court, that M"". Ast- 
wood told him, that her husband Gapt. Astwood told her, that 
Jn® Yffoote hath said ther was no blame one her part ; w^h is 
no maruell if he should, seeing she hath said he was a foole 
and she could make him say what she lists. 

Richard Baldwine, being desired by her and her brother, 
had libertie to speake, and informed that she yeilds herselfe 
guilty of much euill and of many vnworthey and vnsuitable 

212 BEOORDS OP THE [1667 

oariages for one in such estate as she was, (and feares she may 
be culpable of punishm* thereby,) specially before the courts 
counsell to her, but after she yeilded her-selfe and sought help 
from him, but Rogger Terrill who spake for old VflFoote said 
that the night after the courts admonition, she refiised and run 
out of bed. M^ Fenn said old goodman VflFoote spake to the 
same purpose, and Thomas Langdens testimony lookes that 
way, being the night after y® humiliation, and for her seeke- 
ing help of him, Jn^'.Vffoote saith that one time she spake 
something that way, but it was in scorne. 

The Court hauing heard these seuerall passages, tooke the 
matter into serious consideration, and doe conceiue that the 
former deuource, in respect of them w*=h procuried it, seemes 
to be a horrible sinn, and goodwife Beard hath cause to lay it 
sadly to heart, for the scope of the proofe seemes to nmn that 
way as if she did refuse her duty and befooled him and drawne 
him to say what she listed, to force herselfe out of his hand. 
And were the thing fully proued, it could be no less then 
death, for he that puts away his wife, except it be for fornica- 
tion, and marries another, comitts adultery, and the same law 
is in case of y® woman. But vpon the proofe as it is, the 
court doth judg that it deserues to be punished both w*h fine 
and corporall punishment, but considering of Hannah Beard 
as a wife and subject to some weakness, w<^h the court would 
not increase, therfore they shall pass it w'h a fine, and seeing 
she did receive of Jn^ VflFoote formerly thirty pound for wrong 
done by him to her, w*^h now appeares otherwise, that she 
therfore repaye him that thirty pound back againe, and for 
the charge and trouble the jurisdiction hath bine at in this 
buisnes, that she pay ten pound as a fine to y« jurisdiction, and 
that she make a full acknowledgm^ both here and at Milford, 
of her miscariages as it hath now appeared, and if after any 
further fact be proued, the court must take the matter into 
consideration againe and possibly come to another sentence. 
Gtoody Beard now before the court and many witnesses owned 
her sinn and acknowledged herselfe guilty of these miscariages 
as hath bine related. 

[189] II M^ Hudson informed the court that vpon some 


damages sufTered by John Charles in his boate, Henry Qlouer 
Jk himselfe attached some goods of the said Charles his, in y« 
hand of John Youngs of Southhold, w<^h is now brought to 
New-hauen, w^h is as is found vpon tryall, eight pound ten 
shillings two pence in wampom, and 6 yards J, of trucking 
cloth, course and braided, w<^h he desires they may haue order 
to dispose of; wherevpon the court ordered that vpon their 
putting in securitie, that if Jno Charles or any for him appeare 
and show cause to the contrary they will be answerable for 
it, they may haue it, w<^h securitie he promised should be 
^uen in. 

At a Court op Elections held at Newhauen for the 
Jurisdiction, y® 27^** of y^ S^ M«, 1657. 

Theophilus Eaton, Esq'', chosen Gouerno^ 

M'. Stephen Goodyeare, is cho: Dept: Gouerno'. 

Francis Newman, 1 

M'. Benjamin Fenn, > cho: Ma^strats. 

M'. William Leete, ) 

The Gouemo' and M''. Leete are chosen Comission''s, Fran- 
cis Newman a S^ man, in case any of the other should be 
hindered by Gods prouidenc. 

Frances Newman chosen Sccretarie. 

M*^. Wakeman chosen Treasurer. 

Thomas Bamberley chosen Marshall. 

At a Generall Court held at Newhauen for y« Juris- 
diction, THE 27'*» OP the third Moneth, 1667. 


Magistrals. Deputies. 

The Gouerno^ M^. Wakeman, ) xt i 

Mr. Goodyeare, M^. Gibbard, \ Newhauen. 

Francis Newman, Thomas Welch, ) t.^.i« , 
M^ Leete, William Fowler, ^ ^^^^^*d- 

M'. Fenn, 

214 BEOOBDS OF THB [1657 

George Hubbard, J ^^^rd. 

Richard Law, ) - csx^ ^ ji 
Fran:BeU, ' j for Stamford. 

Leiutt Bud, onely for Southold. 

M'. Crane, ) ^ jr «j 

Leiutent Swaine, } B«^^»^- 

A question was brought before the court concerning some 
fence in differenc betwixt Thomas Buckingham and widdow 
Plum of Milford, aboute their home lotts, w^h was debated 
and in the issue Thomas Buckuigham declared y* he would 
maintayne halfe the fenc in that line betwixt their lotts, be it 
more or less, and for the outside fenc, he will make and main- 
tayne it so farr as he sees it may be for his conveniency, and 
Richard Baldwin, who appeared for his sister y» widdow Plum, 
[140] promised that what || old fence were of hers on the oxit- 
side should not be taken away, but she was to be at no fiirther 
charge aboute it for the future, w'h w^h agreem^ the court 
were satisfyed and desired them to line in peace and loue, as 
neighbours ought to doe. .. 

It was propounded that the price of strong water might be 
raised to foure shillings a quart, because those that drawe it 
complaine that they cannot make themselues moderate gain- ' 
ers at S^ 6^, there beeing not much aboue eight gallons to be 
drawne out of an anchor, w^h costs them sometime fine pound. 
The court considered of what was propounded, but saw no 
cause to alter or raise the price, but did now order, that if any 
man shall sell any caske of liqours in this jurisdiction for an 
anchor w<^h conteynes less then tenn gallons, he shall paye 
double the valew of whatsoeuer is wanting, w^h shall goe to 
him that should haue bine deceived thereby. And for small 
measures, as quarters of pints, if they w^h are alowed to drawe 
doe sell that after the rate of foure shiH a quart it shall be 
accounted no oflFence, because by drawing such small quanti- 
ties there is much wast. 

Richard Baldwin propounded that he might hire of the 
jurisdiction the customs and excise of such wines and strong 
liqours as he should drawe and sell by retayle, and offered 
fine pound a yeare for it, but the court told him that they 

166T] juBisDionoN op nkw hayen. 216 

dM>iild not let it so, for it came to neere fifteene pound last 
yeare, but if he thought good to giue ten pound for this yeare 
eiisuing he should haue it, w^h he tooke time to consider of 
and then returned answer that he would so take it. 

A com^dainte was brought from Stamford of the excessive 
price of shooes and boots there, and some instances were giuen, 
as six shillings for a paire of shooes of the tenns, and thirty 
shillings for a paire of bootes, as good as w^h may be bought 
here for twenty shillings, w^h the court thought was great 
oppression and that some course should be taken aboute it; and 
therfore did now order, that those shooemakers be informed 
that if betwixt this and y« court of magistrats in October next 
they doe not giue satisfaction for what they haue done amiss 
y« time past, and reforme for time to come, that then they 
attend the sd court, and come prepared to answer their mis- 
cariages herein, and that those offended or wronged in y« 
towne, Ac. come prepared to charge and proue. 

Old M^ Swaine, M^ Crane, Samuell Swaine and Lawranc 
Ward were chosen deputies for Brandford for the yeare ensu- 
ing, and haue y« same power comitted to them as they had y« 
last yeare. 

Richard Law, John Waterbery and George Slawson were 
chosen deputies for Stamford for the yeare ensuing, and haue 
y« same power as the deputies there had formerly, as expressed 
May 54, fo: 62. 

M^ William Wells and Leiutennant Jn^ Bud were chosen 
constables for Southold for the yeare ensuing, and haue the 
same power as the constables there had the last yeare. 

And for the ease of the deputies and constables at Stam- 
ford and Southold, it is ordered, that a marshall be chosen in 
each towne from yeare to yeare, to be helpfull to such officers 
in such worke as is suitable to him, in w^h choise the court 
adviseth that things be so caried as one man may not be allway 
burdened and others freed, vnless the towne shall see cause to 
giue them a just alowanc for the same, and if any man so 
chosen shall refuse to execute y® said marshall place, he shall 
paye such fine as this gen: court shall see cause. 
[141] II The deputies of Stamford presented a papr to the 



court, wherein is declared the ings^ment of the inhabitants of 
Greenwich to submitt to this jurisdiction, w<^h is as followeth, 

At Greenwich y« 6'^» of October, 1656. 

Wee the inhabitants of Greenwich whose names are vnder 
written, doe from this day forward freely yeild ourselues, place 
and estate, to the gouerment of Newhauen, subjecting our- 
selues to the order and dispose of that generall court, both in 
respect of relation & gouerment, promising to yeild due sub- 
jection vnto the lawfull authoritie and wholesome lawes of the 
jurisdiction aforesaid, to witt of Newhauen, &c. 

Angell Husted, Peter Ferris, 

Lawranc Turner, Joseph Ferris, 

John Austin, Jonathan Reanolds, 

Eichard Crab, Hanc Peterson, 

Thomas Steedwell, Henry Nicholson, 

Henry Accorley, Jan, a Duchman, comonly called Varllier. 

And they are to fall in w^h Stamford, and be acc^ted a part 
thereof, and from j^ time of their submission they are freed 
from rates for one whole yeare. 

A petition was presented from Jeremiah Jagger of Stamford, 
wherein he desires the court to release him of his bond wherin 
he stands bound to the jurisdiction for his good behauiour, 
and to remitt his fine then laid vpon Jiim (as himselfe confes- 
seth) justly for his miscariage. The court considered y« 
motion and vpon inquirie vndcrstood from the deputies of 
Stamford that his cariage hath bine orderly and to their satis- 
faction, whorevpon the court did release him from his said 
bond, but for his fine they shall at present forbeare it, but not 
wholey take it off. 

Abraham Frost, who at present lines aboute Stamford or 
Greenwich, presented a petition to the court desiring some 
releife from them because he is very poore, haueing lost all 
by the Indians aboute a yeare and a halfe agoe, his wife and 
chilldren taken captives but after brought to this jurisdiction, 
where they haue lived sine in a poore and meane way. The 
court considered the case and ordered that ten bushell of 
Indian corne, or the valew thereof in other corne, be pd to 
him from Stamford, w^h to be alowed them in their rates. 

Wheras it is expressed in the law that forty shillings a but 
or pipe shall be paide to the jurisdiction for all wines retayled. 


the oourt thinkes that French wiaes should paye a less quaa- 
title, and therfore did now order, that but ten shillings a hogs- 
head shall be paide for all French wines retayled, and so for 
greater or lesser quantities in proportion. 

It is ordered that those that are appointed in each towne to 
receiTC the custom and excise of wines and strong liqours, 
shall haue 12^ for euery twenty shillings w^h they receive and 
pay to the jurisdiction, for their care and paines therin. 

From Stamford it was informed that it is very inconvenient 
for them to be tyed to appeare at this court of magistrats in 
May, vpon the second day by one aclock, and therfore the 
desire that the appearance of any from their towne, when they 
haue occasion, may be vpon the third day at one aclock, w<^h 
was granted. 

The conclusions of the comission'^s, at their last meeting 
at Plymouth, were now read, wherein sundrie things are 
[142] comended to || be considered by this court, w^h accord- 
ingly were done, and therevpon the court haue agreed to 
desire M'. Dauenport, M''. Higginson and M^ Peirson, to 
gather vp the most remarkeable passages of Gods prouidenc 
w^h hath bine obseruable in these parts since their first begin- 
ings, w<^h may be a help towaa'd the compyling of a history of 
the gracious prouidences of God to New-England, w<^h the 
comission'B d^ire may be attended to. 

It is ordered that no Quaker, Banter, or other Herritick of 
that nature, be suffered to come into, nor abide in this juris- 
diction, and if any such rise vp amonge ourselues that they be 
speedily suppressed and securied, for the better prevention of 
such dangerous errours. 

It is ordered that no horss, mare, or any of that kinde, be 
sould to any Indian or Indians, nor any boats or vessels, can- 
nooes excepted, or any tackleing belonging to, or suitable for 
the same, vnder the penaltie (in both cases) of fine times the 
valew of what shall be so sould. 

It is ordered that if any sea-man, or other, bring any pson 
into any towne or plantation in this jurisdiction, w^hout leaue, 
and that the place accepts not of them to inhabite there, they 



218 RBCOBDS OP THE [1657 

shall be forced to cary them away againe, that the plantation 
be not troubled or charged w^h them. 

Leiutenuant Bud informed that there are some poore people, 
aboute twelue in number, come into their plantation from j^ 
Island, where they haue suffered much hal'dship, and they 
cary it orderly and well, but are in great want, their towne 
hath bine at some charge w^h them and doe desire the juris- 
diction to be helpfull to them in this time of their neede. 
The court considered of it and ordered that fine poimd be 
alowed to them in corne or otherwise, as may suit their neede, 
to be pd by Southold and set of in their rates. 

According to an order formerly made, it is now againe 
agreed and desired, that the accounts of the jurisdiction may 
be kept vpon record, in a booke for that purpose, and that the 
entry may begine in y® yeare 1652, and so forwaa'd from yeare 
to yeare, for w^h a just recompenc shall be alowed to y^ secre- 
tary or any other imployed to doe the worke.* 

A petition from Jn^ Mead was presented, desiring the court 
to remitt the fine of tenn pound laid vpon him for his mis- 
cariage last yeare. Also a petition from WiUiam Mead, on 
behalfe of John Eichardson, that a fine of ten pound laide 
ypon him for his wiues miscariages may be abated. The court 
considered of both, and agreed that halfe of each shall be 
abated, prouided that the other halfe be forthw^ paide, other- 
wise the court will consider of it againe. 

What conclusions of the comission'^s are yet to be recorded 
shall be entred in one of y« new bookes that came last yeare 
from England. 

It was inquired how the order made last yeare aboute 
horsses for troopers, and doggs, and prouissions for the milli- 
tary company haue bine attended in each towne, but all the 
plantations were found defective except New-hauen and Mil- 

* The accounts of the jurisdiction, " as they were giaen in by Francis Newman, 
treasarer, from y* latter end of the 3d mo, 1662, till y* beginning of the A^ m°, 1658,*' 
an recorded in a thin, parchment covered volume, which also contains other records 
of various dates and of a very miscellaneous character, among others the " deeds & 
other writings recorded at the desire of Mrs. Bathshua Davids, [Dixwell,] k the 
allowance of the county court." It is believed that these are all the jurisdiction 
Mooonts now extant. 


ford, wherevpon they declared that they thought it just that 
ihe fine of fiue pound ordered in that case should be paide by 
euery plantation y* hath not attended order therein, but no 
Tote could be obtayned in the case. 

[148] II That order in the printed booke of lawes concerning 
the proportion of buUits or shott w^h euery souldio"^ should be 
furnished w*h, was thought defective, and therefore whereas 
mention is made of 24 bullits fitt for the gunn, the court 
declared that where their shott is in' bullits, if it be not muskit 
bullits but their gunn smaller and bullits suitable, then they 
shall haue the weight of foure and twenty muskits bullits in 
the same. 

In the law concerning farmes, it is expressed that all farmers 
that liue aboue two myle from the towne shall ihe freed from 
trayning, except twice a yeare ; the court now orders that one 
man in each farme be freed, but the rest to trayne as others 
doe, and they also that are so freed to trayne twice a yeare at 
such time as y® millitarie officers shall appointe, but all of 
them to be furnished w^h compleate armes, po'', &c. 

The Court vnderstanding that some Indians haue got sider 
and made themselues drunke w^h the same, did order that no 
sider be sould to any Indian, otherwise then strong liqours 
may be sold, & vnder y« same penaltie. 

Concerning some farmes neere Southold, at a place called 
Hashamamock, aboute whome Barnabas Horton, one of y« 
constables last yeare, hath written to know whether they be of 
y" jurisdiction or no, the court declared that they that lined 
ther formerly submitted themselues to y« jurisdiction and 
they desire these may also, and be as a pt of Southold, and 
attend orders, and receiue ptection as other planters doe, but 
if termes are to be propoimded, as Leiutent. Bud informed, 
then those conditions must be vnderstood before an answer 
can be fully giuen. 

It was propounded that the court would thinke of some way 
to further the setting vp of schooles, for the education of youth 
in each plantation, for though some doe take care that way, 
yet some others neglect it, w^h the court tooke into considera- 
tion, and seeing that Newhauen hath pvided that a schoole 

220 BB0OSD8 OP THB [166T 

master be maintaTned at the townes charge, and Milford hath 
made prouission in a comfortable way, they deedre y^' other 
townes would follow their example, and therfore did now 
order, that in euery plantation where a schoole is not allready 
set yp and maintayned, forthw^h indeauours shall be vsed that 
a schoole master be procuried that may attend that worke, 
and what sallary shall be alowed vnto such schoole-master for 
his paines, one third part shall be pd by the towne in generall 
as other rates, the good education of chilldren being of pub- 
lique concemmS and the other two thirds by them who haue 
the benifite thereof by y« teaching of their chilldren. 

The charge of three men imprisoned last yeare vpon suspi- 
tion of stealing some wampom from Barnabas Horton, w^h 
came to fifteene shillings, is to be pd to the marshall by the 
treasurer, and y« same is to be received againe of Major Masson 
in account, who was written too to stopp so much of their 
wages, w^h was due to them for their seruice w^h Gapt. Youngs 
in the colonies occasions. 

It is ordered that all rates and fines and other accoimts due 
from each plantation be made vp euery yeare before the court 
of election, that so the treasurer may haue time before y^ gen: 
court sitts to make vp his accounts fitt to be audited by the 

The Court was informed that the stock of pc^ for the juris- 
diction is vorey short and had need to be supplyed, wherfore 
it is now ordered that the barrell of po' oweing by M'. Good- 
yeare be called for speedily, and that the treasurer vse the 
best meanes he can by the first opprtunitie to procure two 
barrells more. 

It was propounded from Milford that the court would take 
[144] some || course that the keepeing of such multitude of 
hoggs may be prevented, but at present nothing concluded 
in it. 

Some lead in the hand of one a at Milford was to be 
bought, if it may be had at a moderate price, for the jurisdic- 
tion, if not, he may sell it as he can, but not to cary it forth 
of y« colony. 

It is ordered that a rate of two hundered pound shall be 

1667] JUMSDicrroN op new haven. 221 

leityed from tiie seuerall plantations in this jurisdiction, in 
due and equall proportions, according to their estates, w<^h is 
to be paide to the treasurer at Newhauen, the one halfe by the 
beginning of October next, and the other halfe by the latter 
end of March following, halfe of it in money, or beauour at 
currant price, or in good merchantable come, w^h is to be 
wheat and pease, or a third wheat, a third ric and a third 
pease, at fiue shillings p bushel wheat, and foure shillings p 
bushel pease and rie, and the other halfe in corne or flesh, as 
ordered last yeare, or other paye as may satisfye the treasurer 
and answer the jurisdictions occasions. And whereas objec- 
tion is made by some that corne at this price is too dcare, the 
court agreed to leaue it w^h the treasurer, that where he sees 
cause to abate, and so necessarie loss comes, he may put it to 
accoimt and it shall be alowed. The proportion of each plan- 
tation is as followeth. 

Prom Newhauen — 72 : 16 - 09. 
Prom Milford —45: 12: 04. 
Prom Guilford — 27 : 05 - 07. 
Prom Stamford — 24 - 02 - 07. 
Prom Southold, —15-18-11. 
Prom Brandford,— 14 - 08 - 10. 

200 00-00. 

What sallaries were giuen to the gouernor, secretarie and 
marshall the last yeare is to be pd to them tliis ensiling yeare 

The buisnes concerning Paugaset, w^h hath formerly bine 
vnder consideration, was now againe reviued, and Richard 
Baldwin informed that those w<^h haue interest in Paugaset 
haue propounded some termes to Milford ypon w<^h they 
would willingly submitt themselues to the jurisdiction and be 
as a part of Milford, at least till it is thought iitt that they 
should be a village of themselues, but they haue not bine 
accepted. The court desired to know what those conditions 
were, w^h he gaue in writing, w*^h the court considered of, 
and thought them reasonable, w^li something added w^h they 
acquainted him w^h, and to w^h for himselfe and the rest he 

222 BEGOBDS OF THE [1667 

consented, and therfore vpon the termes hereafter expressed, 
they desire Milford and they may joyne in a loueing way, but 
if Milford refuse, it is like Newhaven will accept them. 

1. First, that they haue libertie to buy the Indians land 
behinde them that is ouer Naugatuck Riuer and not toward 
Newhauen bounds, and also aboue them northward vp into the 

2. Secondly, that according to the number of psons ther 
interessed, they shall beare their equall share of men which 
shall be pressed to any publique seruice. 

3. Thirdly, that they be free from all such rates w<^h pticu- 
lerly concerne the towne of Milford, payeing the jurisdiction 
rates, and to the maintaynanc of the ministrie at Milford so 
long as they injoye the same, and a share toward the magis- 
trate when Milford shall agree vpon any alowanc to that end, 
and their part of common charges aboute the meeting house 
[145] for the future while || they stand a pt of Milford, and 
to beare their share toward the killing of woulues and foxes, 
and if there be any other questions hereafter w^h is not now 
thought of and determined, it shall be considered and issued 
by this generall court, as also how long they shall continew a 
pt of Milford or Newhaven, and when it is fitt they should be 
a village of themselues. 

The bounds of their land w^h reflferrenc to Milford is agreed, 
that toward Milford, betwixt their purchase and a brooke now 
called Steepe-hill brooke, running into Paugaset Riuer, a 
deuission be equally made riming a line eastward, the one 
halfe, next Milford, to lye to Milford comon, and the other 
halfe, next their purchase, to goe to them for common ; also 
to runn a line from their purchase, thereaboute where their 
houses stand, cross to the line betwixt Newhaven and Milford 
where it is conceived it will meete with Paugaset path, or 
thereaboute, and then deuide it in the midle north and south, 
and leaue that part to Milford comon next Newhaven line, and 
that part to Paugaset that is next them. Freedome from rates 
for some cattell for a time was propoimded, but not granted 
at present. 

1657] JUBisDicnoN of new hayen. 228 

At a Ooubt of Magistbats held at Newhauen 80^^ 4:^^ 

Mo, 1667. 


Theophilus Eaton, Esq', 6ou\ 
M'. Stephen Goodyear, Dept: 6ou\ 

Francis Newman, J 

M^ Benja: Penn, > Magistrats. 

M'. William Leete, ) 

Ghx)dmLan Addams, a man that came to worke at the iron 
worke, who is in treaty of marriage w*h widdow Bradfeild of 
Branford, whose husband dyed aboute two yeares agoe and 
left her w*h two chilldren and an estate amount, to some-what 
aboue ninety pound, as the inuentorie makes it appeare, for 
W«h part belonging to y® children he was required to put in 
securitie before marriage, but refused because y® said estate 
is much wasted since it was prised, ptely by the fall of cattell, 
and ptely by other meanes, therefore he desired that the estate 
may be againe viewed and according to this last valewation 
the children might haue their pts. The court was slow to 
alter the former inuentorie, yet granted libertie for a review 
of the aprisement, w^h when it is done shall be'duely consid- 
ered, and hee shall be informed what may be done in y® case, 
and till this be done hee promised not to proceede to marriage 
as he had thoughts to doe before ; he was told vpon securitie 
giuen to stand to what the court shall doe in y« case, he may 
marrie before, but he chose rather to forbeare. 

John Perris was called before the court and charged w*h 
the sinn of beastialitie, and for proofe thereof a testimony of 
Henry Accerly, taken vpon oath, affirmed to the same before 
Ju9 Perris. 

[The testimony is omitted in publication.] 

[146] The Court haueing seriously considered of this matter 
as it is presented, and haueing aduised w^h y« elders and re- 
ceiued their judgment in the case, did declare that it is a 
most abominable sinn, and by one witness proved to be the 
full act of beastialitie, and were there another witness or other 


evidenc to confirme it, could be no less than death ; his owne 
confession is that he attempted it sxid drew out his member 
to that purpose, though he saith his owne conscienc con- 
demned y« sinn as odiouss, and caused him to w^hdraw, w^^h 
the court beleeues not, but thinkes he did or would haue pro- 
ceeded further if the discouery made not preuented; but 
takeing it in the most spareing way according to his owne 
confession, that it may be an example of terrour to others, 
the sentence of the court is, that he be seueerly whipt here at 
Newhauen, and after, so soone as he may be fitt, againe whipt 
in y« like manner at Stamford ; that a halter be here put 
aboute his neck, w^h he is allwayes to were vissibly, w^hout 
hideing or putting it off, and that at his periU, till this court 
see cause to alter it ; that he paye twenty pound as a fine to 
y« jurisdiction for the charge and trouble he hath put them 
to, this court beeing called on purpose to attend this buisnes ; 
that he paye all charges here to the marshall and others, and 
at Milford and Stamford, to Henry Accerely, or any other 
pson, that neither the jurisdiction nor others may suffer loss 
by such lend persons ; and that till he haue his second cor- 
rection at Stamford, and this fine be payde or securitie given 
that both m^y be pformed and other charges defrayed, he 
remaine in safe custody as a prisoner at Stamford. 

William Meaker entered an action of defamation against 
Thomas Mullenner, and declared that seuerall piggs of Thom: 
Muleners^dyed, it seemes in a strange way, and he thought 
them bewitched, and said if any more dyed he would vse 
somes meanes to make discourey, and he did cut of the tayle 
and eare of one and threw into the fire ; his maide said he 
knew who he ment, goodman Meaker ; he said he had heard 
something of him. 

George Smith informed that himselfe is wrapt vp in the 
[147] same || case, and desires it may be considered, and that 
be hath also charged him w^h milking of the beards cowcs, 
w^h is a great wrong to him. 

Thomas Mullenner said he knew not of any piggs tayle or 
eare burnt, yet said it ^as a meanes vsed in England by some 
honest people to finde out witches, but if it was naught ha 

1657] JUBiSDionoN of new haven. 225 

desired to see it, wherein hee seems to grant the thing he 
denyed, and M''* Mnllenner did owne that it may be the tayle 
or eare might be burned, but Robert Deny and Stephen Peir- 
con, servants to Thomas Mullenner, both afiirmed, that after 
some of the piggs had dyed in this strange manner, their 
master said that he feared they were bewitched, and if it went 
on he would trye what ho could doe to finde it out, and when 
tiieir was but one left, and that sick, he brought the pigg to 
the fire and cut off the eare and tayle and tlirew it into the 
fire, and after put the pigg vpon the fire till it was dead, and 
after he fell into discourse of this againe, and said that he 
feared some of his neighbours are not very good, and the 
maide said, she knew who he ment, goodman Meaker ; hee said 
that he had heard something of him, and because he charged 
him w^h breaking open his fence, therfore he hath done this 
to his piggB. 

M >* MuUenner said she heard her husband say so much 
as showes that he thought the piggs were bewitched, but 
she heard him not charge WiHm Meaker nor any other man 
w^h it, and Thomas MuUener owned that it was so in his 
thoughts, and that he said if he lined amonge neighbours, or 
neere neighbours, he should thinke they were bewitched. 

For that part of y^ charge concerning George Smithes 
milking the beards cowes, it did appeare by the testimony of 
both his servants that he had spoken words to that purpose, 
for Geo. Smith early one morning fetching his ownes cowes 
out of Thomas MuUenners yard, where they had bine milked 
two nights before as straye cowes, MuUener hearing y® gate 
goe, turned out and saw him, and said, he will not leaue his old 
trade, and he is vpon his walke allready, and one time seeing 
aboute thirty cowes of the heard left behinde in the woods at 
night, hee said, if George Smith knew of them he would haue 
them before he slept.* Many other debates passed, b\it in the 
issue what had passed at Newhaven court before, aboute 
vnrighteousnes in markeing and workeing other mens cattell, 
Ac, were read, and vpon a d\ie consideration of all together, 
this court declared, that they agree w*h what Newhaven court 
tiien concluded, and therfore that he put in securitie for his 


226 BECOBDS OF THE [1657 

good behariour for the future in these and the like cases, or 
Femove himselfe to some other place. The takeing of w«h 
securitie is referred to Newhaven court the third day of the 
next weeke, and also the issuing this matter betwixt WiHm 
Meaker, Geo : Smith, and him. They pfessed now, it is not 
his estate they seeke, but a reformation and the cleering of 
their names, in w<^h they have bine much wronged by him. 
Leiutennt. Nash and Abraham Dowlitle now informed tliat 
they had heard these matters betwixt them, and if Thorn: 
MuUener would but have come vp to any reasonable acknowl- 
edgm^, even to y« very suspecting himselfe in these cases, it 
might haue bine ended, but he would not. 

[148] At a Court op Magistrats held at New-hauen 
FOR ye Jurisdiction, y^ 21'^ of the 8^** Moneth 1657. 


Theophilus Eaton, Esq', Gouemo^ 

Francis Newman, ) 

M^ Benjamin Penn, > Magistrats. 

M^ William Leete, ) 

William East of Milford was called before the court and told 
that there hath bine a buisnes long depending in court concern- 
ing him, aboute his not payeing custome for wine and strong 
liqour he hath brought in according to order; two courts 
allready it hath bine called vpon, and what passed then was 
now read, whereby it appeared that ther were nine pipes of 
wine and fifteene anchors of liqours, but now William East 
said that three of those pipes, and thirteene anchors of liquors 
he had given in and paide for, and two of the six pipes last 
brought were drawne out aboard into. smaller vessels, not 
landed but seht to Vergenia. He was told none of it were 
giuen in nor paid for till after complainte was made, and ther- 
fore it saues not the forfeiture. Hee confessed he neglect- 
ed his duty in not giueing in according to order, but he did 
not intend to deceaue or defraude the jurisdiction, but was 
told that must not be received for an answer in such cases. 

166T] JUBiSDicnoN op new haven. 227 

The court haueing consideFed of whi^t had before passed at 
two courts, w^h what was now said on both sides, and being 
willing to show as much tendemes as tliey may justly in the 
case, did agree that for the liqoars and three pipes of wine 
w«h were pd for, (though not seasonably,) yet they shall 
pass them by w%out forfeiture, and for the two pips he saith 
were drawne off aboard and sent away, yet it is vnderstood 
one of them was sould to Richard Bryan and not entered, 
and so might be required as forfeited also, but they pass that 
as the other, but for the foure pipes that were landed and 
sould, and no entry nor payement made, they cannot but de- 
clare, according to the law in that case, that they are forfeited, 
and being valewed at twenty pound a peece they come to 
foure score pound. The one halfe belongs and must be paide 
[149] to Richard Baldwin || the informer, and the other halfe 
to the jurisdiction, and that the attachment w<^h is vpon fifty 
poimd of William East estate at Milford remaine still vpon it 
till the generall court in May next, this court being willing, 
vpon his desire, to forbeare the jurisdictions part till then, 
and for Rich: Baldwins part, it was said he hath it in his 
hand allready. 

William East said now, that fiue pipes of wine were brought 
in by Ensigne Bryan at the same time, w<^h were not entered 
no more then his, to cleere w^h Ensigne Bryan was to be warn- 
ed to the next court of magistrats. 

William East was told there is a sad fame spread abroade 
of his excessiue drinking and drunkenness, so that people as 
they goe in the street doe say, that Serjant East was drunke 
yesterday before ten a clock, and now he is drunke againe 
to day allready. Hee said he dares not say he is cleere, but 
is sorrey he hath giuen cause for such reports. He was told 
he hath now a blacke eye, and whether it came not by some 
such course he best knowes, of w^h he said nothing to cleere 
himselfe, yet said he had some distemper w^h fell into his eye. 
Some of Milford being present, as Richard Baldwin, William 
Fowler and Steuen Freman, were called to speake what they 
know or have heard in the case ; but first M'. Fenn, the mag- 
istrate, said that he thinks he hath bine twice dealt w^h at 
Milford for drunkenness. 

288 lEOOBDS OF THB 166T] 

Bichard Baldwin said, he could irish he had less to saj in 
this matter, he hatli heard firom the Duch by a sufficient man, 
that his cariage ther was exceeding gross, that ihe Yergenia 
men and sea-men would scoff at him and reproach religion 
for his sake, saying, This is one of yo' church members, but 
some answered, No, but he is not, for he is cast out for such 
courses ; and for his cariage at Milford, he hath scene that 
w<^h hath bine a trouble to him, and hath warned him not to 
come to his house, observing that he sorted himselfe w^h loose 
and vnsuitable company, and was giuen to drinke too much, 
and to be distempered thereby, and so farr as that others w<^h 
haue scene him haue judged what they haye scene by him to 
be signes of drunkenness, and he hath heard others w«h haue 
come from William Easts house, say, He is in a high streine, 
and he hath got a cup to much, and the last weeke he went 
to Chesnut Hill, and in his returning one mett him and saw 
his face bloody, and caried it so in words and, gestures as the 
ptie that saw him thought him to be drunke. 

William Fowler said he hath heard comon reports of his 
beeing drunke, but one morning goeing into the back-house, 
there came in some sea-men and they said, Serjant East wi^s 
drunke yesterday and he is drunke againe to day allready, 
and that was aboute nine a clock in the morning. 

Steven Freeman said it is comonly reported that he is often 
distempered w^h drinke, but for his pt he sees him but sel- 
dome, and so cannot speake of his owne knowledg. 

William East was asked if he would haue the pties that 
haue spoken affirme what they haue said vpon oath, or rather, 
wheth"^ it were not better, if he know himselfe guilty, to con- 
fess and not add this to his other sinns by causing them to 
[150] take an oath in || vayne. He desired not their oath, 
but confessed he had bine giuen to drinke two much too fre- 
quently, and it hath bine his great sinn, but he hopes they 
shall heare of it no more. The court told him they should 
be glad that it might be so, but for this miscariage, as it is 
proved and confessed, the sentenc of the court is, that he 
paye fine pound as a fine to the jurisdiction, and if hereafter 
he fall into the like sinn againe, he is to be set in the stockes 

1857] juBisDicnoN op kiw haven. 

«i IGlfiyrd and to be bound oner fiirthw to answer it at y* 
next court of magistrats. 

A buisnea depending aboute James Boggers, oonoeming 
three anchors of liqoors, w«h he brought in and sould and 
made no entrie or payem^ according to order, w^h hath bine 
▼nder consideration two courts before and respite giuen for 
him to cleere himselfe, w^h he hath not done, nor did he, nor 
anj fen* him, appeare now to doe it, wherfore the court de- 
dared, that flie three anchors of liqours are forfeite, or the 
Valew of them, and ten or twelve pound, w^h is staied in 
Ensigne Bryans hand for securitie in the case, is to be paide, 
halfe to the jurisdiction treasurer for 7* jurisdictions occasions, 
and the oflier halfe to the informers, w^h is betwixt M^. Fenn, 
William Fowler, and Richard Baldwin, as tiiey shall agree 
amonge themselues. 

John Waterberey of Stamford desired advice of the court, 
his father in law and mother are both lately dead at Stamford, 
and hath left some small estate w^^h they gaue to him, as 
himselfe and his wife can testifye, and he now brought Henry 
Jackson of Fairfeild who in writeing declared some thing as a 
groimd why the estate should belong to him y« said Jn<» Wa- 
terberey, w^'h writing he had againe ; but by all he was told 
ther is not a full evidenc to cleere the estate to him, though 
it is likely none may haue more or so much right as he, thei^ 
fore it were best that a true inuentorie be taken of the estate 
and he may be admitted administrator vpon securitie put in 
that right may be done, if any appeare, w^hin the time lymit- 
ed by the order, w<^h can show a better tytle then he can. 

Joseph Mead of Stamford, who stood ingaged for a fine of 
ten pound for his sister the wife of Jn^ Richardson, and John 
Head, who stood indebted for a fine of ten pound for himselfe, 
the halfe of w<^h in both cases the court in May last abated, 
and now they brought two cowcs, w<^h they desire may be 
accepted in full satisfaction. The court told them that they 
came not to so much, for they were prised at Stamford but at 
eight pound tenn shillings, w«h they owned, but in fauour to 
them they desired that the court would accept them and 

£80 BEOOBDS OF THB [1667 

acquitt the said fines ; of vr^h the court considered, and agreed 
to doe it, and so they were discharged. 

Isack Hall, Thomas Weeden, John Brookes, and Mary 
Hitchcock were called before the court, and the said Isack 
was charged with writeing a papr, publishing a marriage 
intended betwixt Edward Neale and Mary Hitchcocke, and 
the said Thomas set it vp vpon the meeting-house, wher such 
£151] things Yseth to be sett, and || yet ther was no such 
thing, w^h is the publishing of a lye, a high contempt of 
authoritie and an abuse of the generall courts order. They 
both confessed their miscariage, as they had done before at 
Newhaven court, and now petitioned for fSa,uour to be showed 
to them. John Brookes was blamed that he suffered this to 
be written in his house in the night, and did not witness 
against it as he ought to haue done, and Mary Hitchcock 
knew of it yet acquainted not her master, nor tooke any other 
course to stopp it, she said she thought they would not haue 
set it vp ; but both them were passed by w*h a reproofe and 
warning to take heede of such cariages hereafter, but for 
Isack Hall and Thomas Weeden, the court ordered that they 
sitt in the stocks one houre, and that they make a publique 
acknowledgm^ of their miscariage in some towne meeting or 
otherwise, when called to it, and if hereafter they doe the 
like, they must expect more sharper dealing. 

A buisnes aboute Henry Tomlinson w«^h hath bine long 
depending, concerning his drawing wine and strong liqours, 
when hee kept ordinarie at Milford, w'hout giueing account 
thereof according to order. What had passed formerly were 
read and he called, but Jeremiah Osborne, his securitie, said 
he was sick and could not come, but had appointed Seijant 
Fowler and himselfe to answer on his behalfe, and showed a 
writing imder his hand for that purpose, and Serjant Fowler 
presented a papr w<^h he writ as Tomlinson informed him, 
showing what wine and liqours he had drawne at Milford, 
w«^h they rested not in, but by the account formerly giuen, 
ther was thirtie one anchors & a halfe of liqours, foure pipes 
and one quarter of sack, and seuen hoh of white wine and 
clarret ; the excise of w^h comes to six and twenty pound. 

1858] ju Eisme i iU5 op kbit hatex. 231 

twdre pound of w^h be hmch paide, dioogli not according 
to order, yet the coort will not recall that againe, but for the 
rest, w^h is fonreteene pound, w«h comes to r« ralew of seuen 
pipes of wine at forty shillings a pipe for drawing, is bj the 
law forfeiie, or the Talew thereof, w^h is at twenty pound a 
pipe one hundered and forty pound, w^h the the court declared 
is due for Henry Tomlinson to paye, in pt of w«h Jeremiah 
Osborne, his securitie in fifty pound bond, must paye the same 
w^hout dehiy, onely if he bring flenry Tomlinson in pson 
hither, it is like there may be some forbearanc, w^h he prom- 
ised to doe. 

IBcre the raoofd ceaaes to be in the handwritiDg of Fimncis Xewman, and whet 
MIowB, to the middle of pege [188,] it in that of WUDam Gibbeid.] 

[152] At a Court of Electioxs held at Newhaven for 

THE JURISDICnOX, THE 26*»> OF May 1658. 

^ Mr. Francis Newman chosen Gouemo', M^. Witt Lcet chosen 
Deputy Crouemo', M**. Mathew Gilbert chosen Magistrate for 
Newhaven. M^ Beniamin Feun chosen Magistrate for Mil- 
ford, Mr. Jasper Crane chosen Magistrate for Brainford. The 
Crouemo' & Deputy Gouerno'^ were chosen Comissiouers, M*^. 
Goodyeare a third, & M^ Gilbert a fourth, to supplie in case 
any providence of God should hinder the other or either of 
them. M*". John Wakeman chosen Treasurer. W">. Gibbard 
chosen Secretary. Tho: Kimberly chosen Marshall. All for 
y« yeare ensuing. 

At a Gen: Court held at Newhaven for y« Jurisdicon, 

THE 26'»» OF May, 1658. 


The (Jouemour, / Deputies. 

Deputie Gouernour, M^ Wakeman, ) ^^j , 

Mr.GUbert,) W» Gibbard, j Newhaven. 

■ Mf . Fenn, > Magistrates. Leiftenn' Treat, ) ,,.,- , 
Mr. Crane, ) Tho Welch, ' j Gilford. 

282 RECORDS OF THE [1668 

Georg Hubbard, } ^'^«'^- 
FraidfSu, I Stamford. 

Barnaba^'norton, \ Southold. 

LeiftenutSwaine, Brainford. 
Lawrenc Ward, J 

The Deputies p^sented their certificates, whereby it appeared 
y* they were chosen to y* trust, w^^ being read were approved, 

Sargeant Richard Baldwin of Milford declared vnto y« court 
y* he was desired by Leiftenn* Thomas Wheeler to propound his 
desires y* y® land lately purchased by him of the Indians, 
at or neare Paugasett, might be accepted as a part of this 
jurisdiction, vpon the same tearmes w^h those other proprie- 
tours there were received, to w<^*» y« court answered y* they doe 
incline to his motion, but desired first to speake w*h Leiftenn* 
Wheeler himself, before they give a full answere in the case. 

It was propounded by some of the deputies to the consid- 
eration of the court, whether the prizes of some sorts of 
cattell, as they stand in the printed law, in refierence to rates, 
be not now above what they are truly worth, w®*> being de- 
bated & considered, it was now ordered, that a beast of three 
yeere old be rated but at 3^» 10% cowes of 4 yeere old or 
aboue, but at 4i», steares or bulls of 4 yeare old at 5^>, all 
oxen or bulls of 5 yeare old or aboue, at B^*, accounting their 
severall ages as it is ordered in y« printed law, but this alter- 
ation not to take place vntill y« 3^ moneth 1659. 

A petition of Wiftm East of Milford was p'^sented & read, 
wherein he desired y« abatem^ of a fine of 40^*, for w®*> he 
stands ^obto', by sentence of court to the jurisdiction, w«*" 
[153] being considered || it was by vote declared that they are 
contented so far to mittigate & moderate y« former sentence, 
(wch he acknowledgeth iust,) that if 20i» be forthwith paid to 
y* satisfaction of y® treasurer, they forgive y« rest. 

The Court having information y* not only they y* are resi- 
dent at Paugasett, but also some others yet liveing at Milford 
who are become proprieto" there, do deny paym* of rates for 
their cattell, both to y« towne A jurisdiction, w^^ y« court 


takeing into cousideratioii declared, that such as are dwellers 
at Milford are to pay rates for such Cattell w^^ are for y« most 
part there, both to y® towne & jurisdictiou, but for j^ cattell 
w^^ are for the most part at Paugasett, belongmg to y^ setled 
inhabitants there, rates are to be paid to y^ jurisdiction onely, 
Leiftenn^ Treat & Ensigne Brian were desired to require a 
list of them and send it to y^ treasurer at Newhaven. 

The customs & excise of wines & liquoures of the towne of 
Milford are let out to Ensigne Brian, at 20^> for y^ yeare ensu- 
ing. It was withall ordered y^ he farme it not out, nor any 
part of it to any other, & that what wines and liqueurs shall 
be found there when y* yeare is expired shall be liable to pay 
customs & excise as in other places of y^ jurisdictio, and y^ 
all forfeitures for non-entry shall remaine to y^ jurisdictio & 
informer according to y^ printed law. 

M'. Atwater acquainted y® court y^ he sustained 4^1 damage 
in a pcell of beife sent into y® Bay in a payment for y® juris- 
diction when he was their treasurer, w*"** he desired might be 
allowed him, w<^^ y® court haveing debated & considered saw 
not cause to allow to him vnder y^ consideration, but calling 
to minde y^ service he hath done in y^ office of treasurer, did 
order y® treasurer to pay M' . Atwater y* some of 4*» by him 

The Deputies of Southold propounded y** desires of their 
towne to repurchase of y° jurisdiction a pcell of land called 
Mattatock and Akkabawke, w^^ y« court considering, by vote 
declared, that they paying 7*» in good pay, f said land is 
theires, vr^^ was accepted by their deputies. 

The Court calling to minde the good service done to this 
colony by o' late honoured gouernou', did order y* a comely 
tombe, such as we are capable oflF, shall be made ouer his 
grave, and y* y® estate he left behind him shall be free from 
rates this yeare to y® jurisdiction. 

The pceedings of y* oJpW^ against Humphrey Norton, a 
Quaker, being read, was ap]proued by y* vote of this court.* 

* Humphrey Norton, whom the court at Plymoutht Oct 6, 1667, had banished, had 
been sent a prisoner fh>m Sonthold and was brought before the plantation court of 
New Hayen, Mr. Leete and Mr. Fenn being called in to assist, March lOth, 1667-8. 



284 RECORDS OP THE [1658 

Leiftenn* Cbittendoii <fe Leiftenii^ Treat were sent fro y« 
court to desire of M"» Eaton that she haveing taken to her 
y* writeings proper to herself, that y** gouerno"^, w**» some 
others who she should approue, might take a veiw of the 
writeings remaining w^** are of concernment to y« jurisdiction, 
to w^h motion she readily assented, w^** writeings were cofhit- 
ted to y® custody of y« gouernour. 

The Court ordered y^ y^ constables of Southold do require 
of the p'seut inhabitants of Hashamommocke a list of their 
rateable estate as it was agreed betweene y« towne of Southold 
& the former inhabitants, w<^*^ list shall be sent by y« first 
opportunity to y® treasurer at Newhaven. 

By way of explanation of y« law concerning impost vpon 
wines and liqueurs, the court declared y^ what wines or 
liqueurs are sould in any harboure w'*'in this jurisdiction shall 
be liable to pay custom as if they were sould on shore. 
[154] II The Deputies of Newhaven were desired by the court 
to take order for the repaires that shall be found necessary to 
y® prison for y* part which concernes the jurisdiction. 

The Court haveing information of some indirect pceedings 
by some psons in their branding of horses, as an addition to 
y« printed law did order, that all horses & marcs, both elder 
& younger, shall be sufficiently branded by the man appointed 
to y* service by the plantations respectively, & y* what pson 

The charges against him were, " That he hath greiuously and in manyfold wise 
traduced, slandered, & reproached M^ Youngs, pastour of the church at Southoldt 
in his good name and the honnour duo to him for Iiis workes sake, together wth his 
ministrie, and all our ministers & ordinances. 

** 2. That he hath indeauoured to seduce the people from their due attendanc vpon 
the ministrie and the sound doctrins of our religion setled in this colonye. 

8. ** That he hath endeauoured to spread sundrie heretticall opinions, and that 
▼nder expressions Weh hold forth some degree of blasphemy, and to corrupt the 
minds of people therein. 

'* 4. That he hath endeauoured to villi fye or nullify the just authoritie of the magis- 
tracy and gouerment here setled. 

" 6. That in all these miscariages he hati^^Bieauoured to disturbe the peace of 
this jurisdiction.** V^^ 

The trial is recorded at length in the N. H. Town Rec. ii. 236-8. 

He was sentenced to be severely whipped, and branded on the hand with the letter 
H. for spreading his heretical opinions, to be excluded from the jurisdiction and not 
to return upon penalty of the utmost censure the kw will inflict, and for the trouble 
and charge b6 hath CMMd, to pay a fine of jeiO to the jurisdiction. 

1658] JURiSDiGnoN of new haven. 286 

or psons soever shall by himself, or any other besides the 
aforesd officer, brand or cause to be branded any horse, mare 
&C.J he shall pay for euery default in so branding, 10* as a 
fine, & shall further stand liable to answere y^^ iust demands of 
any other for any damages sustained by his irreguler act. It 
is further ordered as an addition to the last clause of the said 
law, that where y® ground of any mans claime to any such 
horse or mare, or any of y* kinde, as his owne, lieth rather in 
pbable circomstances then dew evidence, publication thereof 
shall be made three seuerall times, both in y« plantation 
wherein he lives & y« two next plantations, vpon three seuer- 
all dales of the townes most generall meeting w*^** y« time 
affords, y* way may be open to other claimes. 

The Court ordered y* those w^h are in publique trust for 
Stamford shall require of the inhabitants of Greenwich a list 
of their rateable estate & send it to the treasurer at Newhaven. 

In answere to a motion made in y® behalf of Jer: How, y« 
court remitted to him a debt, about 26" 8<^, dew for excise of 

It is ordered that in euery plantation some fitt man shall be 
appointed to keep a record of all horses or mares, whether 
elder or younger, w^^ arc either sould & delivered w**»in, or 
shipped out of this jurisdiction, w^^ being brought to y° said 
officer, he shall take notice of the time when sould or shipped, 
^th ye j^gg^ couler, naturall or artificiall marks of any such 
horse or mare, w**» y* name of the seller & buyer. It is fur- 
ther ordered y^ whosoeuer shall, by himself or any other, 
make such sale out of this jurisdiction, he shall w^^in six 
dayes after his returne home, or after intelligence received of 
such sale, make such entry as is before cxprest, w*'** officer 
shall receive for his care & paines 4<^ ; but whosoeuer shall 
offend in refference to y^ p'mises, shall for euery horse or 
mare, &c., so sould & delivered or ship'd & not entered, pay 
5^' as a fine to the jurisdiction. 

Bichard Lawesf Francis Bell & John Waterbury were 
chosen deputies for Stamford for y*^ yeare ensuing, who have 
y^ same power comitted to them which y* deputies there had 


286 BEOORDS OP THE [1658 

May, 1654. Rich: Lawes & Francis Bell tooke y^ deputies 
oath, who are to administer the same to John Waterbury. 

Tho. More, Barnabas Horton where chosen & swome con- 
stables for Southold for y* yeere ensuing, who have the same 
power comitted to them w^^ was given to jr® constables there 
y* 80th of May, 1649. 

Jo. Holly of Stamford, Barnabas Horton of Southold, Law- 
rence Ward of Brandford, Jo Fowler of Guilford, were chosen 
[155] by y® court to receive || the customs & excise of wines 
& liquoures in y** seuerall plantations wherein they live. 

The Court ordered y* 50i» srf shall be paid by y« treasurer 
to the gouemour & 20* > to the deputy gouerno' this yeare 

It was againe ppounded in refference to an order formerly 
made for the pvideing of horses with furniture fitted for ser- 
vice, by y« seuerall plantations on y® maine vnder a penalty 
of 6^*, y* the said fine might be paid by such as had beene 
found vnder y* breach of y* order, vnto w<^h some answere was 
given by them y* were not then pvided w^^ satisfied not, but 
no issue was put to it at this time. 

By way of addition to y^ law of straies, it is ordered, that 
what person or psons soever w^^in this jurisdiction shall take 
vp any stray horse or mare, or any of that kinde aboue 2 yeare 
old, (after excepted,) he shall w^^in one moneth bring the said 
. stray vnto y* officer appointed in y* plantation for branding of 
hot^es, who shall sett on y*' impression of y^ towne brand 
twice vpon y® neare buttock, one aboue y* other. It is fur- 
ther ordered y* no colt vnder 2 yeare old shall at all be taken 
vp as a stray, & y* such horses or mares as fall w^^m y* com- 
pass of y® law of strayes shall be but a fourth part vnto y« 

Jonas Wood & Jonas Wood, both of Huntington on Longe 
Island, as agents for y* inhabitants of y* same, p'sented to y« 
court y^ desires of their towne to ioyne in combination w*** this 
colony, to w<^h purpose they presented a wKteinge subscribed 
by three of the inhabitants thereof, whereby it appeared y* the 
said agents were authorized to treat of & to finish this business 
w*h the court, y* contence of w^^ writeing is as foUoweth, 

jimsnemmi -m snr ZA^roL 3S 

js* kiunMT desmniur ihwv^n 

«f Ts. A farther t« rm will Kr pkttseii^ ^ciMMtKhM^ 

&re vsed tt> le Aoeaded viih^"^ lo c^Hick^vud lo 
ffosdoQS we hare onien>l thoiu to vwih^'iiJ to 
J* ecNixt in cr bcbtlfl in hopes wbervx^f wo ro5t. 

Yo'« in all Ai^ ol^s»i?r>n!inc^^ 

W» Leoerieh« in 17 of S'*-o8, 

J* name k wiih j^ 
consent of t* rest. 

Which being read thej were desired to give iiu in wnto{ii{r« 
what thej had to ppoond in j^ psuanco of this lmsino^« w^^ 
aocordinglf they did in 6 propositions, 4 of which p{H'r to v'' 
case in hand, w^^ were as followeth, 

1. That y^ towne of Huntington may have lilH>rty to dotoi^ 
[156] mine all civill ]| controuersies by such niagist rates as 
tfiey shall chuse & y* honoured court may s^ee cause to ci>n- 
firme, w*** power to punish all criminall offences, except oajv 
itall, in all w«^ cases reserving liberty of appeales to tite com- 
idainants ypon sufficient security given to y^ magistratos here 
at home. 

2h. That they may have a liberty to send to y" gen: court 
by way of proxys, vnles some vrgent & necessary occasions 
shall require deputies, & we have timely & seasonable notice 

S^T. That we desire freedom fro j^ charge of warr, vnlos 
what we shall occasion ourselues by cravoing assistance fro 
you for 0^ pay against Indians or otherwise. 

4'y. That in refference to y* great disbursom*" we have 
beene at in purchasing o' plantation & lauds at homo vpon y' 
north side, as well also for o^^ meadowes & land at y« souths 

288 BKOBDB OF THB [1668 

besides other great disbiirsm^" in other respects, we desire of 
this honoured court freedom frd rates for the space of 5 yeares. 

Which propositions being considered by y** court & de- 
bated w'h y** said agents, the court returned this answere, 
that they are willing to receive them vpon the same tearmes 
as Southold & other plantations in y® jurisdiction were 
admitted, w«*» o"^ booke of lawes declare, but to vary from that 
they were not willing, only in reflference to y® fourth proposition 
they would thus far condescend, y* they shall be freed fit)m 
payment of rates for two yeares, but for any longer time they 
would not engage, but it should remaine in y^ power of this 
court to determine as they shall see cause when they shall see 
y* pvidences of God towards them. 

Vnto wc*> answere of y* court, jr® said agents replied^ that 
for y® p'sent they saw not any thing wherein we were like to 
differ, except it were in refference to y«»' first pposition, w<>*» 
they would consider off & give in their answere, but no more 
was done at this time. 

Whereas there is a cursed sect of heriticks lately risen vp in 
the world, w<^*» are comonly called Quakers, who take vpon 
them y* they are imediatly sent of God <fe infallibly assisted 
by y^ spirit, who yet speake & write blasphemous opinions, 
dispise gouerment & y* order of God in church <fe comon- 
wealth, speakeing evill of dignities, reproaching & revileing 
magistrates & ministers, seeking to turne y® people from y** 
faith & to gaine pselites to their pnitious wayes ; this court 
takeing into serious consideration y® p'^misses, & to p^vent 
(as much as in *them lies) y® like mischeife as by their 
meanes is wrought in o"^ native country, doe hereby order 
& declare. 

That whosoeuer shall hereafter bring or cause to be brought, 
directly or indirectly, any knowne Quaker or Quakers, or other 
blasphemous heriticks, into this jurisdiction, euery such pson 
shall forfeit the some of 50^» to the jurisdiction, except it 
appeare y* he wanted true knowledg or information of their 
being such, & in y* case he hath liberty to cleare himself by 
his oath, when sufficient proof to y* contrary is wanting, and 
for default of payment or satisfying security, shall be comitted 

1668] jUBiSDicnoN op new haven. 239 


to prison, there to remaine till 7^ said some be satisfied to the 
jurisdiction treasurer, and the partie or parties so offending 
[157] shall further give in sufficient security to y** gouerno' || 
or any one or more of y® magistrates, or to y** deputies or con- 
stables in any plantation where there is no magistrate, to cary 
them back to the place whence he brought them, & vpon his 
or their refusall soe to doe, he or they shall be comitted to 
prison, there to continew till sufficient security be given to y« 
content of y® gouernour or any of y® magistrates, or other 
authority in places where there is no magistrate, as aforesaid. 

And it is hereby further ordered y* what Quaker or Quakers 
soever shall come into this jurisdiction from foreigne parts or 
places adjacent, if it be about their civill lawfuU occasions to 
be quickly dispatched among vs, w^^^ time of stay shall be 
limitted by yo civill authority in each plantation, & y' they 
shall not vse any meanes, by words, writemgs, books, or any 
other way goe about to corrupt or seduce others, nor reuile or 
reproach, or any other way make disturbance or offend; 
They shall vpon their first arivall, or comeing in, appeare or 
be brought before y^ authority of y^ place, and from them 
have license to pass about & issue their lawfuU occasions, A 
shall (for y« better p''vention of hurt to y® people) have one or 
more to attend vpon them at their charge till such occasions of 
theirs be dispatched & they returned out of y« jurisdiction, 
w«^ if they refuse to doe, they shall then be denied such free 
passage & comerce, & be caused to returne back againe ; but 
if at this first time they shall offend, in any of y® wayes as is 
before exprest, & contrary to y^ intent of this law, they shall 
be comitted to prison, seuerely whipt, kept to worke, & no 
suffered to converse with them dureing their imprisonment, 
w«*> shall be no longer then necessity requires, & at their 
owne chai^ sent out of y« jurisdiction. 

And if after they have once suffered y® law as before & shall 
pi^sume to come into this jurisdiction againe, euery such male 
Quaker shall for y* seacond offence be branded o y® hand w**> 
y« letter H, be comitted to prison & kept to worke till he can 
be sent away at his owne charge ; and for a third offence shall 
be branded on y« other hand, comitted to prison & kept to 

840 RBCOBDB OP THE [1658 

worke as aforesd ; and euery woman Quaker y^ hath suffered 
y» law here, & shall pi'siune to come into this jurisdictio 
againe, shall be seuorely whipt, comitted to prison & kept to 
worke till she can be sent away at her owne charge, & so also 
for her comeing againe she shall be alike vsed as. aforesd; & 
for euery Quaker, he or shee, y* shall a fourth time herein 
againe offend, they shall have their tongues beared through 
w^b a hott iron, comitted to prison, & kept, at worke till they 
be sent away at their owne charge ; and all & euery Quaker 
arising from among c^selues, shall be dealt w^*» & suffer y® 
like punishment as y^ law pndes against foreignc Quakers. 

And it is further ordered that if any pson shall knowingly 
bring into this jurisdiction any Quakers bookes, papers or 
writeings concerning their divellish oppinions, shall pay for 
euery such booke or writeing, being legally proued against 
him or them, y® sodie of 5^' ; & whosoeuer shall dispere or 
conceale any such booke, pap or writeing, & shall not imedi- 
ately deliver in y« same to y^ magistrate in ye place, or to y« 
deputies or constables where there is no magistrate, & it be 
after found with him or her, or in his or her house, or other- 
wise fully proued y^ they had such booke or writeing in their 
custody, shall pay 5^» for y« dispsing or concealing of euery 
such booke or writeing ; and when any such bookes or write- 
[158] ings are brought || or come into y® hands of any of y® 
magistrates, deputies or constables in any plantation, they shall 
w^h ye advice & approbation of the minister of the place, keepe 
them in safe custody, that non may come to see ife read them 
& soe receive hurt by them, w^h this court leaves to their dis- 
cretion to order, and being so kept they shall be brought to 
Newhaven & p'sented to y« next generall court, vnles they 
shall see cause to send them before, or y^ y® gouerno'^ & magis- 
trates shall call for them vpon any occasion y^ may conceme 
y« jurisdiction. 

And if any pson or psons in this jurisdiction shall henceforth 
entertaine & conceale any such Quaker or Quakers, or other 
blasphemous heriticks, (knowing them soe to be,) euery such 
pson shall forfeit to y^ jurisdiction 20* for euery lioures 
entertainem^ & coucealem^ of any Quaker or Quakers, &c., as 


afforesaid, & shall be comitted to prison till y^ forfeiture be 
fully paid or satisfying security given for y® same. 

And it is by this court further ordered, that if any pson 
w*^in this colony shall take vpon them to defend y« hereticall 
oppinions of y« said Quakers, or any of the said bookes or 
papers aforesd, ex animo, or so as may corrupt y® mindes of 
y« weake hearers, (if legally proued,) shall be fined for y« 
first time 40*. If they shall psist in the same, & shall so 
againe defend it y« second time ^^K If still notwithstanding, 
tiiey shall againe so defend & maintaine y*' sd Quakers heret- 
icall oppinions, they shall be comitted to prison, their to 
remaine till there be convenient passage for them to be sent 
away, being sentenced by y« court of magistrates to banish- 

Lastly it is hereby ordered, that what pson or psons soever 
shall revile y» office or pson of magistrates or ministers, as it 
is vsuall w**> y« Quakers, such pson or psons shall be seuerely 
whipt, or pay y® some of S^*. 

It is ordered that a rate of one hundred pounds shall be 
leuied from the seuerall plantations w*^in this jurisdiction in 
equall pportions according to their estates, w^h is to be paid 
at the same times & in the same pay at the same prizes as was 
ordered the last yeare. The proportions of euery towne is as 

Newhaven, 371' 10« 07^ 


























242 RECORDS OF THE [1668 

[159] At a Court op Magistrates held at Nbwhaven 
FOR' THE Jurisdiction, the 31**» of May, 1658. 

There was p'senty 

M'. Francis Newman, Gouemo''. 

M'. WiH Leet, Deputy Gouemc. 

M'. Mathew Gilbert, ) 

Mr. Benjamine Fenn, [ Magistrates, tl^^^^p^^^^^^ 

M^ Jasper Crane, ) r 28. 

Richard Crabb of Greenwich & his wife beinge bound ouer 
to y* court, he made his appearance, who was told that his 
wife was also appoynted to be here as well as himself, to w<^^ 
he answered y^ she was not able to come. It was declared to 
him y* he was now called to answere for seuerall miscarriages 
by many clamarous and reproachfull speeches against the 
ministry, gouerment & officers, neglecting of meetings for 
sanctificatiou of the Saboth, by himself or his wife cofhitted, 
for whose miscarriages, (he countenancing her in it,) he must 
stand accountable to y»* court, the pticulers whereof the testi- 
monies given in will more fully declare. 

And first the testimony of Willm Oliver, given in vpon oath 
the first of Decemb»", 1657, was read, who saith, y* he came to 
goodman Crabbs house w**' y^ rest to demand the Quakers 
bookes, & the goodwife Crabb went into y* other roome & 
made herself fast by shutting the doore, & Rich: Crabb vsed 
meanes to have y^ doore opened againe & so it was, & when 
she came she said. Is this your fasting & praying, to come &■ 
robb vs & robb mens houses ; then she held vp her hands & 
said. The vengance of God hangs ouer your heads at Stamford 
for takeing away C land w^^'out comission, & wronging of 
them ; & then she fell a railing o the ministers & said they 
were preists & preached for hire, & called them Baalls preists, 
& slie would not heare them, & said we was shedders of bloud, 
y« bloud of the s'« of God ; also she told goodman Bell, he was 
a traito% & a liar & a villan, and his posterity would suffer for 
his iniquity, & goodma Bell said, no, they should not suffer 
for his, & goodwife Crabb said they should, & goodman Bell 
said he hoped she was not a witch, & then she told him he was 


a rogue, or a rascall, one of them ; then she fell vpon the officer, 
Jo. Waterbury, & said he was a traito% also she railed vpon 
the marshall w^^ bitter words, &o,y& then vpon others, etc. 

Also the testimony of Jonathaji Benalls, taken vpon oath y« 
13^^ of May, 1658, was read, who affirmeth that goodwife Grabb 
did give very bad language to goodman Bell, & goodman Bell 
sd. Woman, I thought your religeon had beene thee & thou, 
& goodman Crabb said. Why her religeon is as good as yours. 

Lastly the testimony of George Slawson, given in vpon oath 
y« 24^*» of May, 1668, who saith y' going to Greenwich w^*> 
Daniell Scofeild, marshall, to take Tho: Marshall, we came 
into Richard Crabbs house, & there we found Thomas Mar- 
[160] shall, and then y® marshall || seized vpon him, then 
goodman Crabb desired to see y« warrant, & when he had 
scene it he questioned y© extent of it, whether or no y« sd 
marshall might not stay vntill y° morning ; I told him no, then 
security was oflFered, then I told him in such cases I should 
refuse, then goodwife Crabb fell a railing vpon mee, & said y* 
we had stolne away Greenwich & wee had no commission, 
relateing it seuerall times ouer with many retorting speeches^ 
then I said, Goodwife Crabb, I should be glad to see you at 
Stamford meeting, shee answered & said y* she would neuer 
come while she lived, then after some discourse I said. Well I 
should be glad to see you at Stamford meeting to heare^ then 
shee answered & said, What shall I come to heare, to cast 
away my soule to the divell, or to this purpose; goodman 
Crabb, hearing of her, did not so much as rebuke her, but 
rather countenancing her therein & questioning of vs what 
ground we had to do as we did, & countenancing Tho: Mar- 
shall so far as he durst. 

The Gouerno*" told him y' these are notorious things w<^*» 
are testified, & must not be suflFered. Richard Crabb replied 
so they are, but he could not reclaime her. But Francis Bell 
affirmed y^ hee seemed to countenance her in it & vsed noe 
meanes to reclaime her, although she continued in those rail- 
ing speeches almost a houre together, she calling for drinke to 
refresh her, w^h he aprehended she did to strengthen her to 
goe on in those wicked speeches, w^^ was dreadfull to heare, 

^244 RECORDS OF THE [1658 

lifting vp her hands towards heaven & saying, Holy Father 
power out thy vengance vpon them, & y« like, vntill she began 
to speake against authority, then indeed he vsed meanes to 
quiet her, who told her she would hurt herself, w<^*» he 
ap'hended he spake in refference to her health. Francis Bell 
further declared, y^ M^ Bishopp was much discouraged by 
Rich: Crabb, & he doubts not but many others also, by his 
villifying the ordinances & ministers. Richard Crabb was 
further told y* he hath beene a harbourer of Quakers, & y* he 
hath kept Quakers bookcs in his house, to w<^*» Rich. Crabb 
replied, indeed Marshall was there, but he did not account 
him a Quaker, nor anything els but a wethercocke. The 
gouernour demanded of him whether he owned the Lords day 
to be y« Christian Sabath, to be sanctified by virtue of y« 4**» 
comandement, to w<^*» Rich. Crabb answered he did owneit; it 
was told him he hath spoken y^ w*^*> held out the contrary, to 
w«^ he said, y* it was one thing to speake in way of discourse, 
and another to speake positively ; but Rich: Law testified y^ 
Francis Bell & he have had discourse w' ^ him concerning the 
Sabbath & he hath propounded such questions concerning the 
Sabbath y^ they did ap^hend his judgm^ was against y« morallity 
of it. 

It was propounded to him if he would give in security for 
his quiet & Christian carriage in y« place for the time to come, 
& y^ hee would testify his csteeme of y« ordinances by his 
attendance on them, & to y® ministers by shewing that respect 
y^ is dew to them; to w^^ hee answered y^ he did not ap'hend 
y* safe for him to doe, haveing soe many eyes vpon him, but 
[161] it was his resolution to walke inoflFensively || for the 
time he shall stay there, but he intended to remoue; to w^^ y« 
court replied y' they feared y* a remoue was easier to him then 
a reformation, but he must expect y^ Greenwich will be no 
place for him vnles he do reforme. The Gouernour told 
Rich. Crabb y^ y® court did looke vpon his miscarriages as very 
great, therefore they would take time to consider of it, & y* 
y« sentence should be declared 6 the morrow morning. 

The next day Rich. Crabb being againe. called, y« gouernour 
told him y* yesterday he heard y« evidences read w^i* were 


given in against him for notorious miscarriages, w^^ evidences 
were now againe reade, to w^^ Rich. Crabb answered, however 
those writeings p''seut him to the court, yet he knew his owne 
cinserity & y' he did beleeve y^ God would not impute those 
things vnto him ; hee also told him y* if this be religeon it is 
strange religeon. 

The Gouernour told him y* he had heard of a discourse with 
two men y* came fro y* Bay, first he asked them whence they 
came, they said from Concord,. to w^^ he replied y* was a beg- 
gerly place, they said it was a good place, he replied y^ ye 
preist & y® people y^ came thence w^re almost starved, the 
men replied they had no preist, to w*^^* he answered, I see 
you are in darknes as all the country is. 

Also a discourse w^^ a woman of Norwalke, first he asked 
her when shee would be pfect, she answered when she should 
come to heaven, he told her y' she might be pfect here ; y^ 
court told him y' herein he spake like a Quaker, & y' ho so 
carried it as if he would take all opportunities to corrupt 
others w**» wh6 he converst ; to w«^*» Cra[bb] answered y* it was 
spoken only by way of discourse. 

The Gteuerno' propounded y^ if any one had yet ought to 
say in y* case they might now speake, vpon w^^ Francis Bell 
desired y^ y® pticuler wronge done to him, being sent by 
authority, might be considered, being charged for a traito', a 
liar, a villau, a rogue or rascall, which, sd he, if I were guilty 
off, I were worthy to die, to w^^ Crab re[plied] did he say so; 
he was told y* if his wife speake such words & [he] counten- 
ance her in it, he must answere it. It was propounded to 
Francis Bell whether he spake this [a*] expecting iustice in 
reflferrence to himself, or as a crime \_to be'\ generally wit- 
nessed against in him as against an evill doer, to [w<^b] he 
answered that he iieuer had ^ action against any man, and 
shall be content in this case, if they shall see & acknowledge 
[their] evill in these miscarriages, to receive satisfaction. 

Francis Bell further declared y* it was 3^^ desire of their 
freemen y^ y* court would take some course y' their peace 
may be p'served, ordinances promoted, minister encouraged 
by suppressing of such whose actions & speeches tend y* con- 

^ ^f4 < ^ ri ^ '. r. f A ' ^ f 

! r> 

246 BBCOBDS OF THE [1658 

trary way, for if QuBkers may be entertaiDed, their bookes laid 
open & read, & questions raised coDceming the truthes of 
God, what do you thiuke of this, & what do you say to y', etc. 
tliey know not to what ill pass things will come to ia a short 

M'. Bishopp also, the pastoiir to the church at Stamford, 
informed y' there was a leaven spread amonge y young people 
[162] of Stamford || coucerning the Sabbath & concerning tlie 
written word of God, w^ii^s^d he to Richard Crabb, how far you 
are guilty of, you have cause to consider, but you must know 
y' you have given occasion of suspition y' it proceeds from 
you, their being a maid detained by you to the greife of her 
parents, who is corrupted, A, there is great ground of suspition 
through your meanes, w'' things M'. Bishopp declared were 
80 great a discour^ment to him y' he could not continue at 
Stamford except some course be taken to remoue & reforme 
these greivances. 

Richard Crabb desired to speake concerning hie wife, not 
(as he said) that lie would iustify her in any evill, but to 
acquaint the court w"* some things concerning her. The 
woman (said he) was a well bred woman in Ilngland, a zealous 
pfessour from her childhood, almost beyond example, but 
when she is suddenly surprized, she hath not power to 
restraino her passions. To w^^ y gouerno' replied that what 
he had saicd did greatly aggravate her miscarriages, for if she 
have boene a great professour it was certaine she liad beene an 
ill practiser, in w'*" you have countenanced her & borne her 
vp, w'i> may be accounted yours, as haveing falne into evills 
of the like nature yourself, revileing M'. Bishopp as a preist of 
Baall, & J* members as liars, & y' M'. Bishopp preached for 
filthy lucre, w*'' was not spoken in refference to y" sentence. 

But to shew what a pson Rich: Crabb was, & what actions 
hee did, & therefore might not be thought to be so iuoccnt as 
he would pretend, he was called rpon by tlie court to consider 
his way, how y^ after a great pfession made, he had now been 
for a longe time a neglecter of y* ordinances, a reproacher of 
y* ministry, & his wife also, whom he hath not reproued, that 
their case soemea scarce to be parraleld in these times, that he 

1868] JUBiSDicnoN op nisw haven. 247 

haveing had suck light, & his wife such a one as he described 
her to bee, should fall into such abhominable courses, to raile 
vpon ministers, calling them Baalls preists, <fec., and the people 
of Gk>d, calling them traitors, liars, villans, etc., neglecting of 
the ordinances & Sabbaths. It was told him y^ euery ordinary 
eye might see markes of apostacy on them, w^^ he was seriously 
called ypon to consider off. 

Francis Bell told him that he had formerly a good esteeme 
of him, but now he feares his parts are turned against y« 
churches of Christ. 

It being propounded to Rich: Grabb whether he had any 
thing more to say, ho said, the Lord help him, but further 
said not. 

The Court haveing considered their miscarriages, w<^*» they 
looked vpon as very greivous & of a high nature, by way of 
sentence declared, that Richard Crabb pay as a fine to y'' 
jurisdiction 30^*, <fe y* he enter an engagement of a 100* » stand- 
ing security fo^ his good behaviour; furthermore y* he make a 
publique acknowledgm^ at Stamford, to the satisfaction of 
Francis Bell & those other w<^*> he hath wronged, w«*> if he do 
not, he is to pay to 

[The Record remains thus incomplete.] 

[163] Ensigne Brian in the behalf of M^ Edmund Downes of 
Fyall, m^'chant, entred an action of 600*^ damage, for a shipp 
& goods cast away on y® south side of Longe Island, seazed 
by the towne of Huntington. Jonas Wood & Jonas Wood 
appeared in the behalf of y* sd towne to answere the sute. 
Sundry depositions on both sides being p'sented & read w^^ 
seuerall pleas made both by plant', and defend', the planteife, 
findeing the defendts pleading their title to y® said shipp & 
goods by vertue of an agreement made w'*» y* m' of the shipp 
& not as a wreck, (as he expected,) withdrew his action, 
which being done, the defendants propounded to the court y* 
the charges w^^ they had been at in their coming ouer & 
attendance to answere y^ action might be allowed them by the 
planteife; to w^^ j* planteife answered that they had, as he 

248 BEOOBDS OF THE [1658 

conceived aboundant matter in their hands already for their 
recompense, to w^h y« defend'ts replied they could not let It 
fall vpon y^ account having no such order from y* towne ; vpon 
ji^ch ye planteife propounded that if when they come home & 
propounding it to y® towne they finde them vnsatisfied, let 
them give in their account, & what is determined by y« sen- 
tence of this court he shall attend y« payment of it at Milford 
when it shall be demanded, w^^ was consented to by the 

James Mills plant*. ) John Cowper being admitted attorney 
Jo Tompson, defencU. ] for the planteife entered an action of 
defamation in high degree, charging the planteife w^^ stealing 
2 barrells of beife, & for a notorious liar ; y« case he declared 
to be thus, John Tompson coming from Milford, came to M**. 
Mills & told him y^ he had order from Ensigne Bryan to 
deliver him 2 barr of beife, M'. Mills asked the price, John 
Tompson said 3i> a barr, M^ Mills said he would not give it, 
to w«*> John Tompson replied he had order to deliver it at 56«« 
a barrell & y^ was y« price ; about 2 dayes after M'. Mills 
desired to know where y« beife was, he answered it was in y« 
warehouse, w^^^all he appoynted him a time when he should 
see it; accordingly he went & saw y^ beife, one barr was 
opened w*^^ he looked vpon, approued of it, y« question was 
asked w^^ was the other barr. John Tompson answered, their 
it stood, he asked him if he would have it opened. M'. Mills 
sd no, he would take it vpon his word, if it were as good as y^ 
w<^^ was opened. John Tompson said it was for ought he 
knew, he further told him if he would fetch it away he must 
goe to Daniell Hopper who had the charge of y« warehouse to 
take notice what is taken out, accordingly M^ Mills did, but 
Daniell Hopper told him he could not go downe but he might 
goe & take it. You know, said he, where y® key of the ware- 
house is, if you know which to take, & y^ he did because both 
were concined to him ; some few dayes after, John Tompson 
came to enquire after this beife & he supposed y* manner of 
his enquiry some could speake to, but the issue was he went 
to M'. Newman, c magistrate y' then was, he charged him to 
be a notorioxis liar^ both before he went & there, & w^^ theft. 

1668] JTJBiSDicnoN of new haven. 249 

7^ he had stohie from him to barrells of beife; this is the 
[164] breife, he desired that || any debate betweene them 
before this time may be vnderstood as not propper to the case. 

The defendant answered that he was here charged w^^ an 
action of defamation in high degree, he desired to relate y« 
case as it was betweene "Mj. Mills & himself, but he, falling 
into discourse of something y^ past them in winter, was told 
7^ what he spake was not to the case, but was desired to 
speake to y« busines in question, whether he had charged M'. 
Mills w^*> stealing 2 barr of beife, to w^** he answered he had 
so charged him ; he desired further to speake in y« case, w^^ 
he related to stand thus, M^. Bryan ordered mee (said he) to 
pay to M'. Mills 4»v 16" 9^, w*^*> I acquainted M'. Mills with & 
pffered to deliver him 2 barr of beife if bee would pay me y* 
rest, but at that time we agreed not, afterwards coming by 
M', Atwaters warehouse I found my beife was gon, at w^*> I 
was much troubled, but M'. Mills shewed an order from 
Ensigne Bryan to receive of John Tompson 2 barr of beife, 
what they came to more then 4^*. 16. 9^ it was in M'. Mills his 
liberty to pay either to John Tompson or Ensigne Bryan. 

The Gouernour declared that he had heard much of this 
case privately, & had told John Tompson y^ what he said 
would amount to nothing. 

The testimony of John Downe, taken vpon oath y« 12'*> of 
y* 2^ moneth 1658, was read, who aflBirmed that he hoard John 
Tompson say y^ he did give M^ Mills leave to open y® other 
barr of beife, M^ Mills replied y^ he will not open it but will 
take it vpon his word, because he said it was all one beife, 
John Tompson told him, when he desired to take it out he 
should goe to Daniell Hopper & he would deliver it, for he 
had the charge of y* warehouse. It being demanded of Jo 
Downe whether he heard of noe condition mentioned to M' . 
Mills when he had order to receive the beife, he answered he 
heard n5. 

John Tompson denied that he gave any order to M^. Mills 
to goe to Daniell Hopper for the beife, but John Gowper 
affirmed that he had formerly acknowledged it, the gouernour 
also said that he had acknowledged that before him. 


260 RBOOBDS OP THB [1658 

The Oourt hRving heard the case, iHX>p(mnded to 7* plan- 
tofb what damages he expected from John Tompson for the 
TTonge he had done him, to w^'' he answered that 7° chat^ 
was in itself of a high nature, & in respect to -f place wherein 
God had set him, it was greatly p'judiciall to him, for if he be 
a tbeife, who will put aoTthing into his hand, besides y* hin- 
derance of him in his occasions with his boat, bo 7' he looked 
himself wronged a 100". 

The Court haveing heard &, considered 7* case, by way of 
sentence declared, that in refference to the p'misses, y* John 
Tompson pay to Mr. Mills 20" for y* wrong done to him in his 
name, & 5" in refference to dafiiage sustained in his occasions 
with his boat ; the court further told John Tompson that his' 
Btiffiies which had appeared at this time hod hurt him, ft 
would hurt him if hee goe on in it. 

TTio, Wheadon, plarUeife, ) Tho. Wheadon declared to y" court 
Jbkn Meig-s, defendt. ) y» hee conceived y* he had received 

WTonge from goodman Meiggs. For to make it appeare, he 
P'sented an indenture to 7* consideration of 7* court, wei" 
[165] being read || John Meiggs desired to know wherein lay 
the wrouge, w'^ part of the couenant was not pformed; to 
w* I" Tho: Wheadon answered, in 7' he was not taught the trade 
of a currier. Willm Potter in y* behalf of Thomas Wheadon 
declared y' he conceived y* man had great wronge in y* he 
was not taught y* trade. The gouernor demanded of Jd. 
Meiggs what he had to say why Tho. Wheadon was not tau^t 
y« trade according to y« couen^ ; to yr'^ he y* sd J6 Meiggs 
answered, y* he was to serve him 7 yeares frd y" time he came 
ashore, <fe y' when they were in y* shipp he did voluntarily 
engage to teach him y* trade ; afterwards, when he came to New 
Engl, M'. Gilbert desired one of his servants, at last he came 
to this, y' if Tho Wheadon were willing, he should have him 
for 6 yeares, vnto w':'' Thoraa^ Wheadon consented. Now 
two things he had to say, first yt the engagem' to teach him 
y* trade was on his part voluntary, & y* 5 .yeares to U'. Oilbert 
was by his owne consent. The defendt p'sented an indenture 
whereby y* sud Tho: Wheadon stood bound vnto a m' in 'Eag- 
land, wo>> he affirmed waa deliTered him by bia said m.', & Mb 


wh(de time was assigned ynto him, w^^ Tho Wheadon denied 
A said 7^ one Jd Rabbins who then came oner could take bis 
oath 7^ he himself had 7^ indenture in his keeping in the shi]^, 
who being asleepe in 7^ boat, the m' of 7^ shipp tooke tiiiis 
indenture out of his pockett & kept it 2 or 8 da7es, & after- 
wards calling him into 7® great cabbin 7^ master & mate reade 
it. John Meiggs was told that if this be true, then 7* w^^ he 
said was not, & 7^ it was irrationall 7^ he should have an 
indenture fro his mJ in England without & assignement ; to 
w^^ Jo Meiggs answered 7* he conceived 7* he had 7* inden- 
ture of his m', w<^*» 7« court takeing notice oflF, minded him of 
his too much confidence, first in sa7ing positivel7 7^ he had 7® 
indenture of his m', <fe now 7* he only conceived so. 

Tho Wheadon produced 7^ testimon7 of Jo Babbins as fol- 

That John Meiggs boimd Tho Wheadon, when he was at 
sea from his fireinds, to be his servant 7 7eares, pmising to 
teach him 7^ trade of a currier or cause him to be taught so 7^ 
he might be a pfect workeman in his trade, 7et Tho Wheadon 
being much troubled & not willing to serve so longe nor 7et 
willing to set his hand to 7® indenture for an7 longer time 
then 5 7eares & gave this reas6 in these words, Wh7 should I 
be bound for 7 7eares & J6 Rabbins but for 4, & wept ver7 
much; his m' answered him hastil7 in these words. Thou 
foole 70U, thou wilt have a better trade then Jo Rabbins, thou 
maist get 10»« in a da7. This I shall testif7 vpon oath if a 

I, John Rabins. 

Which being read, 7* court told him 7* this had a shew of 
circomvention of Tho: Wheadon. It was demanded 7* reason 
of 7* 8 7eares disproportion in time betweene Rabbins & 
Wheadon, to vr^^ Jo Meiggs answered, 1. J6 Rabbins had a 
trade before, 2. Wheadon voluntar7l7 engaged 6 7eares to 
M'. Gilbert, A if an7 question be about his earning 10" a da7, 
he himself had curried 3 hides in a da7. Christopher Todd 
[166] propounded to 7« || court 7* he conceived 7* this was 
worth7 of consideration what Jo Meiggs had said 7* he could 
eame 10" a da7; 7* court told him 7* this looked too like 
flapp them on, w^*^ was an ofTensive passage in John Meiggs 
formerty witnessed against b7 7* court. 

252 BBOOBDS OF THB [1658 

John Me^gs farther sCl 7* he conceived y* had y* whole 7 
yearee beeae to M'. Gilbert by his consent, he had done him 
no wrong; to w^ y" gouerno' repUed yt Wheadon was not of 
capacity to dispose of himself, & that John Mei^s shoald not 
have supplied his engagem** to M'. Gilbert by makeing new 
agreements w'>> such a one as Wheadon was, though by argu- 
ments he gaine his consent. 

John Meiggs further pleaded that there wore yet 2 yeares 
to come, in w"*" he intended to teach him y* trade, & he would 
Tndertake in two moneths to teach a man y* essence of curry- 
ing. It was told him y^ its knowne y* there is so much mis- 
tery in y* trade y* some after longer time then 2 yeares have 
beene foimd altogether insufficient. A letter fr5 Rich: 
Ohurch of Harfford was p^sented by Wm Potter and read, 
wherein he declared y* he ap'hended y» Wheadon had wrong, 
being witheld so longe from y* trade. 

John Heiggs sd y' he vnderstood from Murwin of Milford 
y» he would Tndertake to teach Mm y* trade within 2 yeares. 
Jonathan Rudd of Seabrooke was also ppounded ; the court 
told him y' one of them failed him, for he was a tanner, & the 
other we heare not what bee sayes. 

Edward Church declared yt his father had a man at y* trade 
4 yeares in England, who was insufficient for the trade, though 
he had constant imployment, &. y* he bath heard Ins father 
say that there are but few y* can dress leather for y" good of 
y* country. 

John Meiggs desired y' 2 yeares might be tried, & if in y' 
time he do not answere his couenant, ho would answere y« 
damage ; to w^"" y* court answered they must not run so great 

John Meiggs desired y' a mistake in y* indenture, concern- 
ing y* date of it, may be rectified ; ho was told y' if there be 
a mistake, it may be considered, but for the business iteelf, 
though he p'sent a wiiteing referring to a m' in England, yet 
it dotli not appeare that he had any right to him, either from 
his m' or parents, but y» he was a free man, he was told y* 
he was placed there by authority, therefore an alteration, 
especially such as this, to transplant a man £rom England 

1658] JUBiSDionoN of new haven. 258 


liiiher, in reason should be by the same power, w^^ doth not 
appeare, but only an agreement with an. orphan, w^^out con- 
sent of master or magistrate, (for ought appeares,) is p^^sented 
as y® ground of y® claime, & y* agreement drawne on vpon a 
delusive speech or argument ysed to hun, of earning 10* a 

To which Jo Meiggs replied y* he had no neede to vse such 
an argument, if he did, w<^*> possibly he might, for he had suffi- 
cient right in him before ; he further said y* y' passage, of 
earning lO* a day, was not proued, to w®*> y* court replied, 
letting y* pass there are p'cedent things w*** will be sufficient 
ground for the court to pceed vpon. It was therefore declared 
by way of sentence, that they see not cause to binde him ye sd 
Tho: Wheadon any longer vnto Jo Meiggs, only y*^ engagem^ 
to M'^. Gilbert he must pforme. Y® indentures concerning 
Tho. Wheadon are to be kept by y® secretary, y* if hereafter 
John Meiggs shall make any thing appeare, y® law may be 
open for his releife. 

[167] II Benjamine Wright of Guilford being bound ouer to 
y® court of magistrates to answere to sundry miscarriages & 
misdemeanours, for w*^*> had been formerly questioned by y« 
court at Guilford, being called now made his appearance. 
The pticulers charged against him being read, y* gouemo' 
demanded of Wright what he had to say to these things y* 
were here declared against him, to w®^ Wright answered that 
he had alwayes acknowledged y® sinfulnes of his carriage in 
y* manner of it. 

It was demanded of him whether the things charged vpon 
him were true or not, to which Wright answered he could not 
tell, he had desired a coppy of y*^ court pceedings <fe what they 
had against him, but could not obtaine it, therefore was not 
p'pared to give his answere at this time, he therefore desired 
y* y* court would forbeare him till some other time, wherevpon 
goodman Hubbard affirmed & said that he had pffered him to 
reade ouer to him the charges against him & y^ he might 
himself take them in writeing, & besides it was further declared 
that he had y® heads of all given him. 

Benjamine Wright now fSeJling into a fidnting fit, the gou- 


254 BBOOBDB OF THB [1668 

emoor wisht him to consider the pvidenoe of Qod towards 
him, that as he had beene smiteing at the authority of Gk>d, 
so now God came ypon him as if he would kill him. 

In y^ afternoone Wright being againe called, was asked 
whether he were now fitt to answere to y* case, to w«*» he 
answered he was not ; furthermore Wright againe renewed his 
request y^ he might have a coppy of what was charged ypon 
him and said he should apply himself to consider of his sin in 
y* sight of God, w®^ being also moued by y® magistrate & dep- 
uties of Guilford, y® court consented, but Wright was withall 
minded that there lies a bond of 50^^ vpon him in y^ meane 
time for his good behaviour. 

Thomas Mulliner appeareing before y^ court declared, that 
concerning a sentence y' lately past in Newhaven court, in ref- 
ferrence to a pcell of land bought of M^. (Moodier, he was vnsat- 
tisfied w^^, he therefore desired to make his appeale vnto this 
court. A coppy of the pceedings of y* court at Newhaven was 
p'sented by him, w^** being read, y* court asked Tho. Mulliner 
where was y® error in this sentence. To make y* appeare, he 
p'sented a writeing drawne vp by himself, also a writeing con- 
taining the agreem* betweene M'. Goodier & himself, both w^** 
being also read, it was demanded what he pleaded from y® 
couenant, it concludes y^ quantity & scituation, was not this 
done ? 

To which Tho Mulliner answered, y* whereas M'. Goodier 
sould him a 170 ace. of vpland, he conceived it must be such 
as other men ordinarily have for their accomodations, whereas 
he had rockes laid out instead of land, w<^^ he vnderstands 
since are towne conmions. 

It was answered y^ he was offered in a towne meeting, y* let 
M"«. Goodyeare & he agree, A if there be enough on y« 
plaines for both, he may have his land there & leave out y^ 
rocky land for y® townes vse. 

The Court haveing thus far heard, gave no sentence in y« 
case, but advised that y^ businesse be respitted for some time 
in expectation of M'. Goodyeares retume out of Engl, who 
can best cleare his owne intensions & agreements. That part 
(^ y* businesse for w^^ Tho: Mulliner was bound ouer to y« 


eoort of magistrates was not entred ypon at this time, but y* 
sd Tho MuUiner stands liable to answere his miscarriages 
therein when he shall be called therevnto by y* court. 
[168] II W"> Newman of Stamford appeared in court to 
peecute in fi action of y* case against Peter Disbrow, who 
being called, answered not. 

A petition from M'. Van Gtoodenhousen was p'sented, 
wherein he desired y* whereas M'. W™ Westerhousen, some- 
time of Newhaven, was indebted to him 19, 11», 7^, there 
being an estate of his in y* hand of y* treasurer w<^*» non 
lookes after, y^ he might be satisfied his debt out of that estate, 
w*"* y* court considering did order y^ y* sd some of 19i» 11« 7* 
shall be dd to him, pvided y^ he put in security to y* court to 
be accountable for such part of it as shall be found to be aboue 
his pportion when y* other creditours appeare & y^ estate 
comes to be derided amongst them ; the house he liyes in he 
propounded for security, but whereas y* estate, or part of it, 
was now in y* hands of M'. Hudson, it was referred to y* court 
at New-hayen to speake w^^ ^^. Hudson & himself, and to 
determine y^ time when it shall be delivered to him & to take 
security of him. 

Henry Tomlinson appearing before the court to attend y« 
issue of y^ businesse in question longe dependinge, concerning 
wines & liquors bought & drawne by him when he kept the 
ordinary at Milford, not dewly entred by him, & y* after an 
acc<> had been demanded of him. The passages in court, in 
May, 1657, & in October, 57, being read, it thereby appeared 
y^ for default in dew entry & paym^ of customs & excise of 
wines and liqueurs he had made forfeiture to y« vallew of 140i«, 
for ought to the contrary that then appeared, but he being 
sicke & thereby disabled to attend y« court, y^ business was 
respitted, in refferrence to the fiuall issue, to some other time. 
He being now p'sent was told y^ y® court was ready to heare 
what he had to say in y® case, why the forfeiture dew by o^ 
law, as y® case was then vnderstood, should not be required of 

To w«^» Henry Tomlinson answered that he was (at least for 
some time) ignorant of llie law & who y^ officer was to who 

256 BliOOBDB OF THS [1668 

he Bhould give in j^ ace°, & fiirtlier he sd 7' being aboat to 
buy some liquors of M'. Fena, he told him they would be 
deare by y' time y* customs & excise was paid, M^ Fenn 
answered he need not trouble himself for y', he might forbeare 
Tntill it did appeare what Stamford & other towues did doe 
COQcenuDg their cuetoms ; he also declared yt he was told y' 
M^. Fenn did not make entry of some of his owne, which pas- 
sages (he said) gave him ground to thinke y' there would be 
a cessation of customs for that yeare. 

M<'. Fenn being desired to speake, declared, y' it was true 
he told him y* other townes were slow & y* he might forbeare 
to pay it mtill it was seene what was doue by other plantations, 
but withall he had alwayes advised him to keep a acc° by him» 
& had since demanded an account of him, & when a acc° was 
demanded of him, ho giveing in only 8 anchors of liquours, 
the court finding so little entred, having ground to judge yt 
more was dew, desired him to looke after it, w^** he did, but 
no acco could he gett of him; vpon y' he went to Ensigne 
Brian & desired him to informe him of what wines & liquors 
he knew ofi* bought by Hen: Tomlinson, who gave it him in 
writeing, w^"" be brought to New-haven. 
[169] II Henry Tomiinson was told by y' court y' whereas he 
had pleaded ignorance, he had y* law to direct him, they fur- 
ther minded him y' he was advised to keepe fi acc" by him, 
and y* uow, when it was demanded, he should give in an acc° 
only of 8 anchors of liquors, when much more was dew, it was 
not faire, but to be witnessed against; and that had he failed 
in not paying it, had he had ought to ppound, it might have 
beene considered ; but when a acc" is required, tliat he should 
give in a falce acc°, & thereby goe about to deceive vs, what 
could be sd but why this should be witnessed against with 
seuerity; yet neuertheles, y* court enclineing to y' most 
fovourable way, (w"" safety to y* law,) did againe propound 
to Hen: Tomiinson what he had more to say, whereby to take 
off any part of this vnder consideration &om forfeiture ; to 
w^>> end he declared that 10 anchors of these liquors did belong 
to other men, &j*i anchors were soold by wholesale, ^bile 
y* retailer only paid, y > one barr. of sack he oarried to Stratford, 

1658] JURisDicnoN op kkw haven. 257 

half a barrell of sacke was lost by leakadge, 8 hogsheads of 
clarret & w* wine sould for vineger, all w*'* he desired might 
be discounted ; to w^i* y« court condescended, A findeing y« 
remainder to amount to SO^i, it was by sentence of court 
declared to be forfeited & must be paid by Hen: Tomlinson 
within a yeare ; for pformance of w^^ Ensigne Brian, being 
pi'sent, ypon an engagem' by Nicholas Camp at p^sent made 
foi' his security, Ensigne Brian alike engaged to stand as Hen: 
Tomlinsons security to y* court for y* paym^ of y* debt of 80'» 

Ensigne Brian declared that whereas there was a warrant 
served vpon him at y* sute of Hen: Tomlinson, to answere him 
at this court, y^ the matters in difference betweene them were 
ended, vnto w*^^ y* sd Hen: Tomlinson assented. 

Ensigne Bryan also desird to give in his answere to fi inform- 
atio given in ag^ him in October last, concerning 5 pipes of 
wine by him not entered, w^^ was this, y* he being y« officer at 
Milford to take notice of y* entry of wines & liqueurs, it was 
his manner to bring in his account once a yeare to the jurisdic- 
tion treasurer, & so he did concerning y^ wines in question, 
w«*> defence of Ensigne Bryan y® court accepted. 

The last will A testament of Jasper Stilwell of Guilford was 
p'sented, made the 9^^ of Nouemb', 1656, witnessed by Geo: 
Hubberd, George Bartlet, proued in court at Gilford Nouemb' 
23, 1657. 

An inventory of y* estate of y* sd Jasp Stillwell was also 
presented, amounting to 210^* 17^ 10*^, taken Nouemb** 15, 

1656, the apprizem* made by William Dudly, John Fowler & 
Hen: Eingsnorth. 

An inventory of the estate of J6 Peakins of Newhaven, 
taken by Tho: Munson & W°> Russell the first of February, 

1657, was presented, amounting to 141»' 12« 2^, at a court at 
Newhaven y* 6'*» of 2 moneth 1658, y*^ sd apprizers attested 
vpon oath y* it was a iust apprizem* according to their best 

An inventory of y® estate of John Jones of Newhaven, taken 
the 10^»> of Decemb' 1657, amoimting to 811»i 4» 11<*, attested 
vpon oath by Jo Nash, Mathew Moulthropp, Gerrase Boykin, 


^8 BGCOfiDS OF TBB [1658 

to be a true apprizem* according to their beet light, at a court 
at Newhaven March 2^ 1657. 

[170] II The last will & testament of the Honourable The- 
ophilus Eaton, Esqr, y^ late gouernour of this colony, was 
presented, written, sealed & subscribed, as is conceived, by bis 
ovne band, but being not attested by any witnesses thereTnto, 
could not be legally proued, wherevpon at the desire of M"* 
Ann Eaton, y^ viddow of the deceased, y court granted her 
letters of administration to be aiiezed therevuto, v"^ was 
accepted by her. \ 

Also an inventory of the estate of y« aforesaid Tbeopb: 
Eaton, Esqr, was p^setited, amounting to 1440'' 15* T**, 
besides an ace"* betwixt y^ estate & Gaptainc Cullick, and 
betwixt M'. Goodyeare &y° estate, both w'remainevncleared, 
but to be added to or taken from y* estate, with any other 
accounts w'^'' shall appeare iust, as there shall be cause; W*' 
inv«ntory, in respect of y* pcells, was attested by M"» Eaton to 
be full according to her best knowledg, a peice of plate vallewed 
at 40'', & y° bed on w'='' she lay, w*'' shoe claimed as her pper 
estate, excepted, W^ y* court allowed to be left out of the 
inventory, prouided yt shee cleare y" ground of her claime to 
y* satisfaction of her children v^^ are interested in y° estate. 
M^ Math: Gilbert, M^. John Wakeman & M^ Richard Miles, 
attested vpon oath y' the apprizement was iust, according to 
their best light. 

At a Codbt op Magistrates held at Newhaven fob y' 
Jurisdiction, the 20"' of October, 1658. 

Tlie Gouernour, 

The Deputy Gouemo', 

M'. Mathew Gilbert, 1 

M'. BeDJamiue Fenn, > Magistrates being p'sent. 

M^. Ja^ Crane, ) 

Thomas Molliner appeareinge to psecute his appeale, eutred 
y* 26^^ of May 1668, was told that y* court was now ready to 
heare what he had to say in y* case, v^ being declared. 



Thomas Mulliner desired that y* couenant concerning M'. 
Gk)odyeare &, himself might be pused, it being conceived by 
some y* y* land he posest, (at least some part of it,) did be- 
longe to y* children of M' . Lamberton, but the lands (he sd) 
were neuer devided betweene M^ Lamberton & M^. Hick- 
cocksy (since sould to Mr. Goodyeare,) as M**. Crane (he 
said) could testify. 

He desired y* y* alienation might be also considered, for 
hee conceived y* what was by some witnessed at y* court was 
not vnderstood, who aflSrmed y^ he had said that he was to 
have his meadow in y® coue, (called M^. Malbons coue,) w"^** 
he sd was spoken vpon this occasion, his house being settled, 
he had k eye to a peice of meadow belonging to Mr. Wake- 
man, y* it might be purchased for him by M'. Goodyeare, w^^* 
M'. Goodyeare was willing to attend, (as tjieir was cause he 
should,) but that meadow was not attained ; now (sd he) my 
alienation sayes that my vpland should ioyne to my meadow, 
[171] M'. Gk)odyeare laid mee out 18 ace || of meadow at one 
end of my vpland, & 12 at y® other, w<^*» he conceiv'd did de- 
termine the bounds of it ; he further pleaded y^ y« land now 
taken from him was fenced in & improued 2 yeares before M^. 
Goodyeare went away, who objected not against it. 

Leiftenn* Nash & Ensigne Lindon being appoynted by y« 
court at Newhaven as defendants in this action, as also to 
psecute against him y* breach of a bond of 50^ », wherein he 
engaged for his good behaviour, vnto the business now in hand 
answered, that most of these things now spoken o'^ court hath 
heard, they supposed y* Tho MuUiner was vnsattisfied because 
y* feild is taken away from him, for he pleades y^ his vpland 
A meadow should ioyne together ; the case they declared to 
be thus, there grew a question betweene him & y* tennants to 
M^ (Joodyeare, they vnderstanding y^ he laid claime to the 
whole or most part of the neck, wherevpon M'". Goodyeare 
came to y* magistrate and debated y® case with Tho Mulliner 
before him, & vpon his desire a surveyour was procured to 
lay out his land & he charged not to hinder y® surveyo' in his 
worke, but he opposing, y® questio further grew on, that M". 
Goodyeare brought it to y* court, who considered y* couenant. 


260 RECORDS OF THE [1658 

alienation & testimonies, and gave sentence in y^ case ; what 
y* sentence was & y* grounds of it, y* records testify, w«^ 
were read; the couenant betweene M^ Groodyeare & Tho 
MuUiner was also read, & he asked what he interp'ted 
therein to be contrary to y* sentence. 

To w<^*» he answered that it is said in y* records y* M'. 
Ooodyeare had an app^'hension that his pportion would take 
in neare all y* necke, to w^*> it was answered y* it was an 
error if M^ Goodyeare did so ap^'hend, & that the couen^ 
sayes only y^ he was to have 170 ace. on this neck. 

Tho. Mulliner further pleaded y^ y® vpland must ioyne to 
the meadow, w^^ it cannot do if he have not the feild now in 

The defendants answered, that it doth appeare by testimony 
y^ he was to have all his meadow in M>^. Malbons meadow, 
w^^ was spoken by Tho Mulliner himself, as was affirmed by 
Timothy Ford & Thomas Johnson, and that Abraham Dow- 
little had testified y^ he heard Tho Mulliner say, if M^ Good- 
yeare would let him have that peice of meadow out of M'. 
Lambertons meadow, w^^ lies neare or adioyning to y* feild 
in question, he would take it for y^ he wanted in M'. Mal- 
bons cove. 

George Smith also affirmed y^ he haveing heard y* M*". 
Gtoodyeare was about to buy a peice of meadow for Tho 
Mulliner of M^ Wakeman, he observeing this 12 ace. in M^. 
Lambertons meadow lay not convenient to their farme, they 
agreed y^ it should be ppoimded to Thomas Mulliner y* he 
might have it, vpon this y^ defendants pleaded y^ it doth ap- 
peare y^ this 12 ace. came in by a after agreemS ^ therefore 
it doth not appeare but y^ the vpland should lie by Mr. Mal- 
bons coue, where it was intended he should have all his 
meadow by y* first agreem^ 

Tho. Mulliner desired that y* alienation might be againe 
considered, w*^*» sayes his 12 ace. of meadow adioynes to his 
vpland. It was told him y* it doth not say to his vpland, but 
to y* vpland, w<^*> describes y* manner of the lying of the 
[172] II The defend^* forther {dieaded t it was said by 

1668] JtTRisDi<moN or hiw sates. S61 

llo HoUinar y* hia ypland A meadoT must ioyne together, 
BOW he grants that 18 ace. of his meadoir is in H'. Halbooa 
cone, A 80 it doth adioyne together according to the courts 

Tho: MuUiner p'Bented a draft of the land, dravne out bj 
himself, but vas told by M'. Crane, vbo veil knew y* land, 
that 7* draft was not right, therefore not to be made Tse of 
1^ y* court. 

Leiftenn' Nash desired y' it might be remembred y* at y* 
court of magistrates, the 30»> of the 4''' Moneth 1657, they 
having had information of sundry miscarriages comitted by 
Tho Kulliner, did order y' he should put in security for his 
good behaviour for y* future, or remoue himself to some other 
]dace, the takeing of W'' security vas referred to Newhaven 
court, now he being called, at the hrst shewed himself to- 
willing, but thought rather to remoue, but afterwards engaged 
in a bond of 50'" dewly to attend y* lawes of y" jurisdiction 
A of this place, & to walke peaceably & inoSensirely to all, 
A not to be injurious to any in their names or estates. He 
desired y* what is since vpon record concerning him may be 
read and considered, whether he have not broken y" said bond ; 
w"'' records being read, it appeared that y* said Tho Mulliner 
hath been found guilty of many great, miscarriages, contrary 
to that engagement, pticulerly his offensive carriage, £ y' in 
contempt of authority, when y* surveyo' was attending his 
worke appoynted him by y« magistrate, in pulling vp the 
sticks & tiirowing them away, & saying vnless they bound 
him hand & foote, & carried him to prison, he would hinder. 
Which Thomas Mulliner now excused, (as he could,) alleadg- 
ing y* he looked o y' w^ was spoken by y' magistrate as 
words of counsell, not of coinand, & y' he ap^hended y' the 
men appointed to lay out his land would so run y* line y' he 
should loose not only y* feild but fais house also, V^ he 
thought would be remediless when once done, & y' he was 
pat vpon doing thus to pacify his wife, who was much troubled 
at it, who he feared would miscany, (being now with child,) 
if it were not p^ented ; he further sd yt he neuer did any 
maa wnmg, to w^ y* court replied ttist herein he spake as an 

262 BBOOBM OF THB [1668 

audacious man, for he had vrought much disturbance to 
many, viz', to Geo. Smith, Wm. Meaker, Rich. Sperry, as y" 
records testify; and y' he hath carried it contemptuoudy 
towards y° authority of y* place, not submitting nor attend- 
ing to what was spoken to him by y* magistrate in way of 
comand, not of coonsell only, (as he cald it,) ; & whereas he 
ad y' he thought y* if his land were once laid out it would be 
remediless, & y' he should loose not only his feild but his 
house also, he was told y* it was then said to him, y' if his 
feild should fall without y* line, it should be considered after, 
^ch ^g^ tJie tiling in question, & not y* house as he p'tended. 

Leiftennant Nash further declared y' it appeares by y* bond, 
y' he stands engaged not to be enjurious to any in their names 
or estates, but y* last court at Newhaven a business was 
heard betwixt Willm Meaker & Tho MulUner for charging 
W" Meaker y' he offered to take a falce oath, vr'^ he proued 

Tho: Mulliuer desired now of y* court that there might be 
a couTenient time allowed him to remoue out of y* place. He 
[173] was told that |{ it will be the care of the court to see 
that he capry it well in y* place while he stayes, but if he 
chuse to remoue, he may do so. 

The Court haveing. heard y° seuerall pticulera alleaged 
against Tho Mulliner to proue y* breach of his bond of 50'', 
wherein he stood engaged for his good behaviour, declared 
y* same to be forfeited, & did leave it to Newhaven court to 
call for it when they see cause, & ordered y* Tho Mulliner shall 
againe put in security to y' satisfaction of Newhaven court 
for his better carriage for y' tune to come. 

Which being done, the question concerning y" land comeing 
againe vnder consideration, William Meaker testified y' W. 
Goodyeare said y' M^. Mulliner was to have his land by M'. 
Malbons coue, & not in any other place to hurt the farme. 

Ralph Lynes also afGrmed that when hee vnderstood y' 11'. 
Mulliner claimed most of the necke, he spake to M', Qood- 
yeare of it about six weekes before he went for England & 
told him y' he had spoiled y* &rme, M'. Goodyeare said, nay, 
for U'. Mulliuer was to have his land by H'. Malbons coue. 
James Clarke affirmed the same. 


M'. Mulliner was told y^ it appeares by many testimonies 
y* must not be laid by, y^ it was intended that he should have 
all his meadow in M^^. Malbons coue, & y^ M^ Goodyeare hath 
said to simdry, that his land must lie by M^ Malbons coue, 
and some of y® wn;nesses say y^ he himself hath said that 
he was to have his meadow there ; it was true y^ an ouersight 
in M«^. Goodyeare doth appeare, y^ he did not seasonably stopp 
him in y* improuing of this land y^ might be a occasion of 
expectation y* he should enioy it, yet withall they see not, 
y* writeings & testimonies being considered, but y^ he might 
be held to take his land by M^ Malbons coue, but because he 
hath had occasion given him to expect this land in question 
by M^ Goodyeares not witnessing against it, as he sayes, 
therefore y® advice and determination of y* court is, y* a 
survey of the land be taken & y* M^ Goodyeares land being 
laid out. Ml". Mulliners land shall adioyne to it o y^ side next 
M*". Malbons coue, y^ distribution to be made by indifferent 
men, so y* the other farme be not spoyled nor Tho Mulliner 
wholly frustrated of his expectation. 

John Bartrum comeing to y* court to sue out a divorce fro 
a wife (he said) he had at y® Barbadoes, being convicted of a 
lie, was fined 10« ; y® business of y* divorce y^ court would 
not medle with, but advised him rather to psecute this mat- 
ter (if he see cause) where y* state of y^ question is better 

John Baldwin & Bethia Hawes, both of Milford, being 
warned were cald before the court, they both appearing, M*". 
Fen declared that he haveing heard it reported that Bethia 
Hawes was w**> child, he sent for her & asked her about it, to 
wc*> shee answered y* it was so, & laid it to John Baldwin, 
wherevpon he sent for him & told him of it, but he denied it. 
The examination more at large, taken by M*". Peim, was by 
him delivered into y* court & read, which is as followeth. 

The 12th of Octobr 1668, Bethiah Hawes being suspected 
to be w*h child, y* question was asked whether she was with 
child, to w«h she answered she was. 2«*^y, it was asked by 
whom, to w*^h she answered it was by Jo Baldwin, 3*y it was 
[174] asked whether any other had || not had feUowshipp w*** 
her in that way but he, to w*^^ she answered y* non had knowne 

264 RECORDS OF THE [1668 

her in y* way but hee, for she said yt she wag s maid till 
then. It was asked when this was done, she said it was in 
Aprill last, but what time Bhee could not tell. Further it 
was asked her where this was done, to wh she answered it was 
done in her masters yard, standing vp by ^re railes, between 
the broad gate & y* old house next the highway, & further she 
said they were standing all y* while &, y^ he neuer had to doe 
wti" her in any such way any other time nor y' there was any 
familiarity betweene Iiim & shee any other time, and y* she 
did not receive any pledge from him at any time ; further she 
sd, she neuer received any thing from him at any time ; fur- 
ther she said she was not aboard any vessell in y^ night at any 
vnseasonable time; and further she said, being questioned for 
being aboard some vessels, y' she was aboard no vessell at 
any time, but that of Richard Brians, & but twice of y', & y' 
was in y* day time, 

Jo: Baldwin denied y* fact, but Bethia did owne what was 
contained in y* examination to be so. 

M'. Whitman declared y' y* question y' was put to her, 
whether there was any familiarytie, betweene him & her at 
any other time, she might not vnderstand y* word familiarity. 
Jd Baldwin was asked whether he did ever kiss her ; yi he 
confessed he had done. It was demanded of John Bialdwin 
whether he had not vsed to keep company with her, to w""" he 
answered, not in any vncivell way, but he haveing a child at 
nurse at goodwife Denisons, as he went & came y' way she 
would be asking him how y* child did. He was asked 
whether he had not beene with her alone. Vpon that M'. 
Whitman declared that his wife found them together in the 
old house or stable, w^^ he also confessed. For the further 
clearing of y* case, the testimony of Joseph Pecke was read 
who saith, that one evening he came by M'. Whitmans, & 
there he found Jo: Baldwin & Bethia Hawes together, only 
the railes betweene them, and this was when Jo; Baldwins 
child was at nurse at Robt. Denisons. 

James Prime testifies, that on one evening, after day light 
was shutt in, hee see John Baldwin & Bethia Hawes together, 
only railes betweene them, & then there was folk in y* street. 
Goodwife Prime testifies that she see John Baldwin & Be- 
thia Hawes t<^ther after twas darke, y* railes betweene diem. 
Milford, Octob^ y" 19, 58. 
Which M^ Whitman sd was at seuerall times & y' Jowiph 
Peck had said, y^ he wondered y* Jo Baldwin should so sooQe 
after y* death of his wife be so ^miliar with her. 
Also the testimony of Edward Preston, in reference to some 

1658] JUBiSDionoN of new haven/ 265 

suspicio of fitmiliarity betweene Bich<^ Marshall & Bethia 
Hawes, tending to y* p'sent crime whereof she is proued 
guilty, was p^'sented &, read. This deponent testifieth as fol- 
lowes, I being in discourse w**» Richard Marshall, he spake 
much in y* comendation of y* said Bethiah, & at the same 
time added, y* he was a foole of a man y* could not have y« 
vse of a maid & she not be w*^ child. 

Edward Turner likewise testifieth y* he heard y* sd Rich: 
Marshall say, y^ he was a foole of a man y* could not have y« 
vse of a maid and she not be with child. 
[175] II Sarah Firman & Elizabeth Hinde do testify, that 
they heard Belhiah Hawes say y* her brother sent her a paire 
of gloves, w<^*> gloves she vpon examination owned to be y« 
gift of Rich. Marshall. 

Hannah Peston testifieth y* about the beginning of y« 
moneth, Bethiah Hawes told her that folks in y« towne said 
she had a great belly, but she did not know how she came by 
it. Sarah Firman likewise testifietli y^ she told the said Be- 
thiah that she heard a report about the towne y^ she was with 
child, to w«*» she answered she heard non of it ; she further 
replied, if it were not so, were she in her case, she would en- 
deavo*" to cleare herself, Bethiah answered y^ she was cleare 

Elizabeth Hinde likewise testifieth y^ she being at y® same 
time with M". Firman, advised Bethiah if this report were 
falce to acquaint her M*". <fe M". with it, & she did not ques- 
tion but they would sceke to cleare her, her reply was y* it 
was a lye, w^*» reply Sarah Firman likewise testifieth y* she 

These testimonies were given in vpon oath before me at 
Milford, Octobr f 19. 58. 

Benjamine Fenn. 

Sargeant Baldwin exprest that he was desired to speake in 
y* case though he had no delight in it, whereas it was said by 
the elder that she might not vnderstand y* word familiarity, it 
was also propounded to her vnder y^ word daliance, she was 
asked if there was no daliance preceding y^ act, she answered 
no, & she said that there was no familiarity betweene them at 
any other time ; to that it was answered by jr® court y^ he had 
confest he kist her, & y* was daliance, & y* seuerall testi- 
monies also say y* he was familiar with her, to w*^** Sargeant 
Baldwin answered y * this was said, y^ as he went to & came from 
his child he had speech with her; he further said he would be 


266 RECOBBS OF THE [1658 

far from darkening the case, but desired y* if the partie ac- 
cused be indeed guilty y* it might be knowne, but he had 
something to propound y^ to him made y® accusation doubt- 
fiill, w^h he desired might be considered, he conceived that 
there were passages in the examination w^^ are not written, 
first she said that their were no p^'ceding acts of daliance at 
y* time spoken of, onely y* act, she was now asked if this was 
true, she answered she remembers no daliance preceding, 
she was asked how long they had been together before the 
act, she answered she thought he was newly come into y« 
yard when she had done milking <fe then it was done, she was 
by y* court advised y' as she hath falne into a great sin, y* she 
add not to it by accusing one to bo guilty, w^** is not so; it 
was demanded of her whether she vsed any meanes to shun 
him, she answered y^ she prayed him to be quiet & he said he 
would doe her no hurt. 

Rich: Baldwin desired y* it might be considered whether by 
some of the testimonies given in there doth not appeare in 
her palpable contradictions, in saying first y^ her brother sent 
her a paire of gloues & afterwards owned them to be y* gift 
of Rich. Marshall, he said he saw no reason, first, why she 
should contradict herself, secondly, why she should conceale 
the doner Rich. Marshall, w<^*> vntil necessity compeld her she 
confessed not. 

Bethiah was asked what she said to this y^ was now spoken 
[176] by Sargeant Baldwin, || to which she answered that she 
remembers not y^ she said her brother sent them, but that 
they came out of y* Bay, & so they did, for Rich. Marshall 
brought them* thence. 

M'. Whitman declared y^ y* ground, as he tooke it, why 
Richard Marshall gave her these gloves was this, he dwelt in 
his house & she washt for him, therefore he might give them 
to her, & she concealed them not from her m'^" ; y° court de- 
clared that this ground spoken of was lawfuU & honest. 

Richard Baldwin further said, he could not but marvell y' 
she should say she knew not how she came by her great belly, 
as the testimony given in declares as spoken of a time not 
aboue a fortnight before the examination ; another thing Sar- 

1668] JURiSDicnoN op new haven. 267 

geant Baldwin desired might be considered, that she hath not 
scattered such wayes of wantoness only to him, to w<^*> it 
was answered y* it doth aggravate his guilt that he would 
keep company with her at vnseasonable times, she being one 
of so bad a carriage. 

Sargeant Baldwin declared y* it hath beene said y' she had 
spoken to sundry weomen to speake to some to come a wooing 
to her, wc*> she being asked denied, but M^. Penn sd that one 
woman gave such a testimony, & Bethiah being sent for backe, 
she would not come but said y* if they had any thing to say 
they might have spoken while she was there. 

The Court told her that she was one that had spoken falcly 
as the witnesses aflSrme, & y' she hath beene of a light car- 
riage, & j^ same is found evidenced concerning the man in 
his carriage towards her. 

Sargeant Baldwin sd y^ one time indeed spoken off, viz, his 
being in y* house with her, cannot bo excused, he hath owned 
y* he was with her there, but withall he sayes she was milking, 
& one coming by, he went into y® house, w^^ is an open house 
as he conceives ; as for the other times spoken off, he was on 
one side of the railes and she o the other, & he gives the rea- 
son why he past y^ way, viz% to visitt his child at nurse ; it 
was by y® court answered y^ he might easily p^tend occasions, 
but his carriages have been vnsattisfying in reflFerence to her 
who is now with child, & theres no other gives ground of sus- 
pition but himself. 

Vnto w^^ Rich. Baldwin returned, that there is something 
testified concerning another man, & he hath observed be- 
tweene them such familiarity this day in bringing her from 
Milford & keeping company with her here, as renders him, 
viz^ Rich. Marshall, suspitious. 

To which M^ Whitman answered y^ she could not ride 
alone, therefore he rode before her, & his being, with her 
today was w'^ respect to y^ court, haveing hoard y' something 
would be spoken against him there, & besides he heareing of 
her being with child when hee was at y® Manatees, if he had 
hfiene guilty he conceived he would not have come to Milford. 

Richard Marshall was called & asked what he said to those 

368 BBOOBDB OF THB [1668 

base speeches mentioned in y* tostinionyes of Edward Preston 
A Edward Turner, to v^^ he answered that they were base 
speeches indeed, but ihej were not spoken by him, if he had 
BO spoken he should not hare beene vnwiiling to suffer ; he 
alleadged y' one spake of a time as they were going betweene 
Dorchester & Boston, & the other cannot say where he heard 
it, & besides y^ they hare a gnidg against him. It was asked 
why he objected not these things before the witnesses, he said 
yt he did object, but was told y* grotmd why he objected was 
not sutGcient. 

[177] )) Sargeaut Baldwin further said, y' Edward Prest<m 
sd y' Rich. Marshall being oft left in charge with y* vessell 
was gon fro the ressell, & ho supposed y' when he was asked 
where he had been he sd at M'. Whitmans, & when he came 
he was not fit for his business. 

The Court haveing thus far heard, declared, as for Richard 
Marshall, they take notice of base & sinfull speeches spoken 
by him, w'** words call for corporall pmushment, but being 
y* first time, the sentence was that he pay 20* fine to y" 

For John Baldwin he hath rendered himself a suspitious maa 
to be the father of this childe, who hath coufest tliat he hath 
beene with her at vnseasonable times, kist her, & there is no 
other accused by her, they declare y' they should wait to se 
what the pvidence of God will discouer concerning him, in the 
meane time they leave him as a man vnder suspition, & re- 
quire y' he putt in security to 50" vallew, out of his land at 
Milford, to attend y court further iu this matter when he is 
called for, wi" 50'' he then engaged. 

And for Bethiah, she is guilty of a horrible sinn, for w"^ 
she must be accountable before Ood & to this court; she was 
told that she hath to doe with an allseeing God, who can write 
her sin iu her forehead, who is a jealous God, & will not be 
dallied with. For her appearance at y court when she is 
called for, M'. Whitmft now before y» court engaged. 

M'i'. Goodyeare & her children by M'. Lambertoa p'sent- 
iug themselnes before the court, she desired that y* portions 
w''' remtune mpaid dew to the children, might be set out by 

1658] JUBiSDionoN ot mbw haven. 269 

7* court, ypon which ppooLtion it was demanded of Willm 
Trowbridge, y® husband to Elisabeth Lamberton, what he had 
reoeiyed of M'^. (Joodyeare of the portion dew to his wife, he 
said 60'', w^^ with her part of the land of M'. Lamberton, 
was found neare 12* too much, w^^ ho pmised to be account- 
able ynto y^ estate for. M^i*. GkK)d7eare further desired that 
certaine houshold goods mentioned in a writeing she gave in, 
w^^ contained the better part of them, might be part of the 
said portions, w«^ was declared to be no more then the neces- 
sity of their family cald for, w*^^ y« court takeing into consid- 
eration & judging it better for y® estate y* all y* houshold 
goods goe together, appointed her y® whole, also at her desire 
granted that all y* cattelle, sheepe, horses, mares, hoggs, 
carts, plowes, mentioned in y* inventory, should also go 
towards y* discharge of the said portions, y* remainder was 
left to be set out by Newhaven court, in land or otherwise as 
they shall see cause. 

Hannah & Hope Lamberton, bei4g at age, were appointed 
to receive their portions, w^^ they desired might be delivered 
to their mother, for w^** they are to give a discharge to N^- 
haven court. 

Deliverance, who is to have a double portion, & Mercy, 
Desire, and Obedience, chose their mother for their guardian, 
who accepted & y* coui-t approved, vpon condition, as they 
[178] told her, that if she || should change her condition, or 
that y^ portions of them vnder age should be in a wasting 
way, or vpon any other iust cause, they leave it to Newhaven 
court to call for & require security, or otherwise to dispose of 
the estate y* y* children vnder age be not wronged. 

It was also propounded y^ M". Goodyeare might have & 
enioy for her life, a third part of all houses & lands whereof 
M^ Ooodyeare stood posest at his death, according to o^^ 
printed law in y^ case, & that the thirds of M^*. Lambertons 
houses & lands, hers before by vertue of a former law in force 
w*» M*". Lamberton died, might be reserved entire to her, w<^*» 
ppositions in the behalf of M'«. Goodyeare, the court at 
p'sent saw nothing but it might be granted. 

M". Goodyeare haveing resigned y* estate of M'. Goodyeare 

270 BBOOBDS OP THB [1868 

vnder the power of Newhaven court y* so it might more fully 

appeare that she desired that rules of righteousness might be 

attended (as far as could be) towards y® creditors, this court 

takeing y^ matter into their consideration, did in psuance 

of y* end, order that y® secretary should set vp a writeing at 

y* meeting house dore at Newhaven, the contense whereof is 

as folio weth, 

This may certifie those who it may conceme, y* whosoeuer is 
debtour or credito"" to y* estate of M^. Stephen Goodyeare, 
late of Newhaven deceased, is desired to bring in an acc<> 
thereof to W™ Gibbard, secretarie at Newhaven, betwixt 
this & y* court of magistrates to be held at Newhaven y« 
second day of the weeke next before y« court of ellection, 
the 4*** day of the last weeke in y* 3<* moneth, comonly called 
May, next, at w^^ time y* court will heare & consider of the 
seuerall debts demanded & y* proofe made concerning them, 
& so order and dispose of y® estate as they shall then see 
cause & ground for, that righteousness may be attended as 
far as light appeares. 

3t, Peirsofiy plarU\ \ Before the declaration of the case y« 
Jo Cowp. and Math: > plant' p'mised that he did not judge 
MotUthroppj defendts. ) it vnlawfull for a minister of the 
word to p'sent his case to y* judgment of y® magistrate, for y« 
determination of such civill controuersies as may arise betwixt 
themselues & others ; for were it so, then should they be in 
worse case in y* respect then other men, but he had not beene 
forward this way, but had offered to these two bretheren to 
put y* matter in question to arbitration & not be brought to 
publique triall, but they told him y^ it concern'd an absent 
man, therefore they thought it needfuU to be determined by 
y* court; w^^ being spoken, y® plant' in a action of the case 
declared concerning a black dun mare taken vp & detained 
by y* defend*". But in y* psecution of y® action, y* plant, find- 
ing himself not p^'pared in poynt of testimony, at his desire it 
was deferred till y* next court. 

^*^ The third day of Nouemb' next was appoynted for a day of 
thanksgiveing through y* jurisdiction for y* mercyes of the 
yeare past. 

1669] jTjBisDionoN. OP new hayen. 271 


[179] At a Coubt op Magistrates held at Newhaven 
POR the Jurisdiction, the 28**» op May, 1669. 

William East being by y* court at Milford bound in a bond 
of 50*» to attend this court appeared not, but instead thereof 
sent a petition to excuse his non-appearance, w^^ was p^'sented 
& read; w«^ being done, M^ Fenn declared y' the said William 
East being found drunke, he acquainted their deputies with it 
A according to the sentence of this court, the 21*>» of Octob, 
1657, he was set in y* stocks at Milford, & further he declared 
that he hath beene drunke since his stocking, & y^ he himself 
saw him so in his owne house, wherevpon ho made enquiry 
where he had it, & vpon enquiry found y^ he had broached an 
ankor of liquors in his owne house, & y^ he spake to him as 
he could to shew him y* greatnes of his sinne, & told him y* 
if he would not dispose of the liquors within 24 houres, he 
would send y^ marshall to seaze it to p'vent the abusing of y« 
creature, but withall promised him y^ it should not be embez- 
zelled nor wasted, nor should he be hindered from selling it, 
A y* y* sd W" East gave threatening words, saying if the 
marshall come, he had best to looke to himself; further M'. 
Fenn sd y* about y* time of 24 houres he sent the marshall to 
looke after it & it was sould; w^^ being related, y*' court 
declared y^ bond of 50* » to be forfeited & may be cald for when 
y* court sees cause ; as for y petition p^'sented, they reject it, 
& doe require y^ W" East make his appearance at Newhaven 
at y* next court of magistrates. 

John Heardman being bound ouer to y^ court, appeared, 
who was told y^ he was to answere for great <fe gross mis- 
cariages by him committed at Milford, w^^ M^. Fenn, being 
desired, more pticulerly declared y^ Jo. Heardman being at 
Milford, he was informed y* he was drunke, whcrevi)on he 
wrote a warrant <fe sent it by y* marshall who found him in 
y* case, who required Jo. Heardman to come before him, who 
came a little way but at last hitt his hatt o the ground & bid 
the marshall touch him if he durst, so y* marshall laid hold 
on him & gave him a fall, but jr® sd Heardman was very 
vnruly & kicked him y^ was to assist the marshall, but at last 

272 RBOOBM QF THB [1669 

they brought him before him, wherevpon he told him y* he 
had heard y^ he was drunke, therefore he had sent for him to 
see the trueth of it, but Heardman denyed that he was drunke 
A vsed many turbulent expressions, though he gave him no 
occasion, &, said y^ he would tread him vnder foote, as he had 
done him; further M*". Fenn said y* he told Heardman y^ he 
was drunke as appeared by his reeling & staggering & ill 
pnouncing of his words, jr® word justice in pticuler, w<^*» he bid 
him express plainly but he could not; further y* he told him 
y^ he was vnder y*' breach of jr® law & had beene formerly 
punished by y* court, & y' now he should go on in such a way 
did greatly aggravate his fault, to w<^*> Heardman answered y* 
y® lawes were his will, or words to y' purpose, to w<^*> he 
replied y^ y® lawes were not his will, but he hoped according 
to y^ will of Grod ; after this Heardman threatened him & said, 
[180] if he had him out of y® jurisdiction where || he could 
have justice, he would deale w*^ him; to w*^*» M*". Penn said 
he answered, y^ he had iustice heare by y® court who had for 
former miscarriages laid a fine vpon him, some part of w*^** he 
had secured, but had withall told him y^ if he would see his 
sin & give satisfaction to his wife & others y^ he had wronged, 
he would remitt a considerable part of it, or if y^ court would 
take a review & punish him another way he would submitt it 
againe to them. M^ Penn further said y^ he kicked y* mar- 
shall & called him begger, & said y^ he would lie & sweare to 
any thinge, vpon this he bid the marshall put a locke vpon him, 
& told him y^ he must goe to Newhaven except he put in 
security, w<^*> he refused to doe, & was comitted to y* marshall, 
but afterwards security was given for his appearance. 

Tho: Wheeler y* marshall was told if he any thinge to add 
to what M^ Penn had said, he might speake, vpon w*^*' he 
declared y' the generallity of the things spoken by M'. Penn 
he remembers, & further to make it appeare y* y^ said Heard- 
man was drunke he declared y^ when ho came to fetch him 
before M'. Penn, he spake words he vnderstood not, calling 
vpon M'. Pell to give him his oath, to w<^*» when he answered 
he was no magistrate, Heardman replied y^ he was a magis- 
trate. Y* marshall now further sd y^ when at last be was 

1669] JUBiSDionoN of new haven. 278 

willing to goe to f magistrate, he sd he would have him to y« 

John Heardman was now asked if he owned this y' was 
alleadged ag^ him, he said he owned all, but excused it as he 
could, saying y^ he was ouertaken by drinkinge of rum. The 
gouemour told him, were he a well conditioned man at other 
times, his excuse were y* more to be regarded ; to w^^ he 
answered y* he was neuer so before, but was told that he knew 
the contrary was proued, & y* his carriage hath not been only 
thus offensive when he is drunke but at other times also, w*^** 
to make appeare, Tho: Wlieeler affirmed y* on y® morrow morn- 
ing he sd he was a very rogue & rascall, & y* very scum of y« 
country; to w*^ Heardman answered y* he knew not y^ he 
slept a winke all night, & y^ it was two dayes before tho drinke 
was out of his head. Heardman was asked how much liqueurs 
they had, to w*'** he now answered he knew not how much, 
whether 8 or 4 quarts ; he was asked how many were at y« 
drinking of it, to w^** hee answered y^ there was himself & 
Gable, & Post, & Lockwoods sonne, w^^ y^ court witnessed 
against as an excesive quantity for so small a company, w^** 
y* court will consider of. 

M'. Penn further exprest y* Heardman hath said that he 
hath freinds would speake for him, being asked who, he 
named Sargeant Baldwin, but he now said y* Sargeant Bald- 
win had alwayes given him good counsell ; to w^h it was said, 
had he given him more good counsell & less liquors, it had 
heen well ; wherevpon Joseph Waters informed y' he vnder- 
stands y^ there was half a score that dranke of this liquors, 
but proued it not, but M^ Fenn added y^ Post was not as he 
should be, & that it was reported that at y* time some y^ came 
this way could scarce gett vp vpon their horses, nor sitt when 
they were vp. Heardma was told y^ had it beene a single fact, 
though in a grosse degree, y® court might have exercised lenity 
towards him, but when it is spoken off as a tiling vsuall to be 
drunke, they saw not but he must be made an example vnto 
[181] others. Heardman confessed y* he was of || a hasty 
spirit, but was told y* it were to be wished y* he were not of a 
malicious spirit against goodnes & those in authority, & yt he 


274 SEOOBDB OP THB [1659 

declared himself to be a sonne of Beliall, not subject to any 
yoake, and y* if all men were of his frame, it would be a hell 
ypon earth & no liveing among them. 

Mr. Pen propounded y^ if John Heardman would have a 
reveiw of any past action he would answere him, to w<^*» he 
answered y^ he had nothinge against M'. Penn. 

The Court haveing heard* y® pticulers alledged & proued 
against John Heardman, declared y^ they looke vpon his mis- 
carriages as exceeding great & greatly aggravated, giveing 
out threatening speeches, trampleing the magistrate (as it 
were) vnder his feete & j^ lawes of y® jurisdiction, saying they 
are the wills of men, kicking y^ marshall, &c., declared that 
his miscarriages call for corporall punishment, but he being 
not well, they would not pceed y^ way, but by way of sentence 
ordered, y* Jo. Heardman pay 10*» fine to y* jurisdiction, & 
y' he put in security such as y* court shall accept for his good 
behaviour whilest he stayes in y° jurisdiction, in yfmeane time 
to lye in prison at his owne charge till security be given, & if 
this sentence be not pformed y® court will consider some other 

Sigismund Bichalls of Brandford engaged himself & estate 
to the vallew of 50* » for the good behaviour of Jo Heardman 
for a moneth, & then to dd him to y® marshall if he answere 
not y* sentence in y* meane time. 

The Court declared y^ according to a writeing sett vp at y« 
meeting dore, by order of the court in October last, that any 
y* have any claime to make to any part of y* estate of M', 
GU>odyeare deceased, they may now speake & y® court will 
heare them & consider of y® grounds of such claime. 

M'. Henry Woolcott p'sented 2 bills vnder M'. Qoodyeares 
hand, both bearing date August 25, 67, y® one for 179i> 19», 
whereof 157*» was to be paid in money in London, y® rest in 
currant country pay, y* other bill for 117** 5" 0**, whereof he 
hath received 62*> 9", y* remainder is 234 16», w^^ proofs y« 
court accepted, he also pleaded for damages w^^ was left to 
further consideration. 

M^ Crane & M'. Auger in y* behalf of M'. Hickcox of Lon- 

1669] JTJBiSDicnoN op new haven. 275 

don, demanded 40^» w**» allowance for 8 yeares; y« 40i» was 
allowed, y^ forbearance left to be further considered. 

Christopher Tod demanded, & by bill proued, a debt of 8*>, 

Tho: Danke of Seabrooke, by his attorney John Cowper, 
demanded ll^* vnpd of a bill of 60^», w<^*» y* court at p'sent saw 
not but it must be allowed. 

A bill from M'. Goodyeare to M'. Willm Paine of Boston, 
dated July 30, 67, was p'^sented, & by it 10*> 16» 3<* demanded, 
w«*» was allowed. 

A debt of 4i> 4« dew fro y« estate to M' . Nicholes of Sea- 
brooke was allowed. 

The inventory of y* estate of M'. Goodyeare was shewed to 
y* creditors y^ were p'sent, as also another writeing wherein 
was contained y® estate remaining, M'. Lambertons children 
being paid, & M'«. Goodyeares thirds by her demanded to be 
deducted, as also y« bookes of M'. Goodyeare were p^'sented, & 
withall it was propounded to y® creditors, y* if any of them- 
selues or any other fitt men that they should appoint would 
take paines to serch y® bookes & make vp accounts w**> such 
as should be found debto'», & gather in & p'serve y* estate for 
y« vse of the creditor*', & put it in a way (by sale of lands or 
otherwise) y* it may be y« better fitted for distribution 
amongst y® creditor's in Octob' next, y® court would authorize 
them therevnto. 

[182] II Some questions also were propounded by y® credito'* 
concerning y® equity of M". Goodyeares thirds, but nothing 
issued to make void her claime. Sundry demands were made 
vpon y® estate besides those before mentioned, but the business 
not being sufficiently p^pared for a fiiU issue, hopeing also y^ 
in y^ time wo may have intelligence from England, y* if any 
business concerning the estate come thence, it may also be 
considered ; in the meane time it is left w**» Newhaven court 
to receive such proofe of debts demanded as is brought to them, 
y* so a finall issue (if it may be) may be putt to this matter, 
the 17^*» day of October next at one a clocke, w®J> is y® time 
agreed vpon by y« court to meet & consider of this matter, as 
shall be declared by a writeing set vp at the meeting house 
dore at Newhaven, by order of this court this 23**» of May, 69. 

276 BB00RD6 OP THB [1669 

William Grave being warned to y® court, made his appear^ 
ance, but the planteife a appeared not to psecute. 

Edmund Barnes, a marriner & Quaker, beinge found ashore 
was called before the court & examined, who being found 
weak in his way, & it not beinge proued that he had vented j^ 
Quakers pnitious tenents, was comitted to the marshall to be 
carried aboard, & he warned not to come againe ashore w^^out 
license, & y® marsliall ordered to serch for & seize any Quar 
kers books he should finde, & bring them to the court. It 
was also demanded of the jn' of the shipp, wherefore he 
brought Quakers amongst vs contrary to o' law ; hee pleading 
ignorance, & promising to doe his endeavour to keep him 
aJ^oard & to carry him out of the jurisdiction, was not further 
pceeded against at this time. 

Leiftenn^ Nashy \ \ Leiftenn* Nash, Sargeant 

Gervase Boy kin j \plant\ ' Boy kin & James Bishopp, 
James Bishoppj ) [as agents intrusted in y® 

Rich: Baldwin J defendC. J behalf of y* estate of Sam- 
uell Caffuich deceased, in an action of the case declared 
against Richard Baldwin of Milford, concerning a gray mare 
about 4 yeares ould, branded on y® neare shoulder with a S, 
w^*» a nach on y® further eare, her vsuall walke being betweene 
Oyster River & Walnut tree Hill, or the parting of the river, 
w^^ a colt belonging to her; w<^*» mare they conceive was 
taken vp by Richard Baldwin & somtime detained by him, & 
since sent out of the jurisdiction, & y^ after he knew they laid 
claime to her as belonging to y® estate of Samuell Gaflinch. 

M', Walker in y® behalf of Richard Baldwin appeared to 
answere y* sute. Letters of attorney authorising both plan- 
teifs & defend^ being p«'sented were approued, but M'. Walker 
declared y^ he had no order concerning the colt, only what 
they had to say concerning the mare he would answere to ; he 
was told y^ if y® mare was proued theirs, y® colt belonging to 
y*^ mare would be found theirs also. 

The defend^ desired to know y® grounds wherevpon they 
laid claime to this mare, the markes, both naturall & artifi- 
ciall, spoken of by -f planteifes, being the same as theirs hath, 
& denied y^ Rich: Baldwin had any foreknowledg that they 

1669] JUBBDicnoN op new hayen. 277 

laid claime to her before she was sent out of the jurisdiction, 
& affirmed j^ it was neuer Rich: Baldwins mcLre, but alwayes 
half M'. Pells, & j^ Rich. Baldwin was not the principle 
[183] agent, but M'. Pell, & that Sargeant Baldwin || was 
only imployd by M^ Pell, whose the mare now was, & further 
y^ y* mare was not fetched vp by any order from Richard 
Baldwin, but was brought vp by accident, & he saw not but if 
it were lawfuU for them to take her yp & make him to cleare 
his title in this jurisdicon, but y* it was lawfuU for M'. Pell 
to put them to cleare their title in another jurisdiction, & 
besides he knew not how Sargeant Baldwin could withold her, 
being the mare was M^ Pells; but he was told that he might 
have gone to y® magistrate, & acquainted him y^ the mare was 
claimed by another, & y^ shee ought not to be sent away 
before the case was cleared. 

The plaint', further declared that they conceiyed y* case 
was thus, there was a partible stocke betweene M^ Pell, in y« 
behalf of Phillip Scott, & Richard Baldwin, w<^*> after some 
time came to be devided, & y* in y« devision there was a gray 
mare spoken of, half of w^** mare fell to M^. Pell, & y« other 
half he bought, w<^*> mare vpon y« first sight by Edward Gamp 
was to be accepted by M'. Pell as deliuered, w<^^» they conceive 
was the mare in question, & being delivered, M"^. Pell sould 
her colt to John Gibbs, vpon w*=*> occasion John Gibbs being at 
Pairfeild, speaking with M'. Pell, he told him y^ Rich: Bald- 
win had sent to him to fetch the mare away, for others laid 
claime to her, but M'. Pell said, if it were theirs in Newhaven 
jurisdiction it would bo theirs there also, y° substance of w^^ 
discourse was now by Jo Gibbs affirmed in court to be so ; for 
the further clearing of y® case, y^ plainteifs further declared, 
that towards y« end of y* last winter, they imployed Edward 
Camp & Edward Dormer to looke vp the mares belonging to^ 
y« estate of Sam: CaSinch, what past betwixt them as they 
went they desired y^ they might declare, vpon w^^ Edward 
Campe first declared, y^ before this time Rich. Baldwin had 
desired him to bring vp such a gray mare, w«*» he described, A 
y^ hee asked him if he knew her, he told him he knew such a 
one, but whose she was he knew not, he had heard y^ Samuell 

278 BBOOBDB OP THB [1669 

Caffinch had such a one but he knew not his stocke, & j^ he 
told him that he expected if he brought her yp that he should 
be paid for his laboure whether it were his or not, w^^ Richard 
Baldwin said hee would doe, & j^ if it were his, hee would 
owne her, if it were not his, he would tume her out againe, & 
j^ after this he told Leiftenn* Nash y* he was desired to bring 
vp such a mare by Rich: Baldwin, vpo w^*» Leiftenn^ also 
desired him to bringo her vp, & said if we have her they shall 
proue it theirs before we let her goe againe; Edw. Gampe 
further said y* after he had scene the marke o y« mares shoul- 
der, he told John Burrall y' it differed fro Rich. Baldwins, to 
which he answered, so it did frd Sam: Caffinches, y^ might be 
in y« setting on, vpon y* he told Leiftenn^ y* it was said y* 
their brand agrees not w^^ ye S. vpon the mare, to w«^ he 
answered that they had two S":, one of w®**, when he had 
seene at Sargeant Boykins, he found it did agree w^*> that vpon 
the mare, w^*» being found & driven to M'. Wliitmans yard, 
Richard Baldwin owned her, afterwards being broke out or 
putt out, yc stocke came to be divided, & half this gray mare 
fell to M^ Pell, who bought the other half, who was to accept 
her as delivered at his, viz., Edward Camps, first sight of her, 
afterwards going out w^^ Edward Dormer, by y« appoyntment 
of Leiftenn^ Nash & Sargeant Boykin, to looke vp y® mares 
belonging to Samuell Caffinch, as they went along in y® woods 
he, not knowing them, enquired of Edward Dormer what ones 
they were, Edward Dormer told him y' one was a gray mare 
about 4 yeare old, w'*> a strait S. on the neare shoulder, 
[184] which II had her walke betweene Oyster River & Wal- 
nuttree Hill or thereabouts, as soone as he heard this, he told 
Edw: Dormer y^ this was y® very mare w^** Richard Baldwin 
laid claime to, w^^ they were to looke vp for him. Being 
xome neare to Oyster River they parted, Edward Dormer finde- 
ing the mare, he called to him & sd heare is M^. Caffinches 
mare, to whom he replied that this was y® mare y* Rich: Bald- 
win had desired him to bring vp for him. Edward Dormer 
desired him to help him to bringe her to Newhaven, but he 
refused, & told him y^ he thought it not faire so to doe, being 
hee had vndertaken to bring her vp for another ; after this he 



1659] JUBiSDicnoN op new haven. 279 

coming to Newbaven, he told Leiftenn^ Nash what had past & 
the reason why hce would not bring her home, Leiftenn^ 
desired him to send Rich Baldwin word that they laid claime 
to this mare for Sam: Gaffinch, & to desire him y^ they might 
have a sight of y® mare ; accordingly he did send to him by 
Jo. Burrall, who said he told Richard Baldwin y^ Leiftenn^ 
Nash claimed the mare for Sam: Caffinch ; afterwards hee told 
Richard Baldwin at Milford y* yc mare was claimed, how & by 
whom, & y* Edward Dormer had given such descriptions of 
the mare before he saw her y* it tooke such impression vpon 
him y^ he thought it was Sam: Caffinches mare, & y^ Edw. 
Dormer would take his oath of it, & y^ the markes did agree '^- 
with another of his w<^*> they had taken vp, & that he told ' 
Richard Baldwin thift he vnderstood that he marked on y^ 
other eare, to w^^** he answered y^ his wife by mistake did 
marke it on y» wrong eare when it was a colt, & further y* he 
told Rich: Baldwin y^ he doubted if it came to tryall he would 
be cast, though *it were his mare, because this did agree w^^ 
M>^. Gafl^ches booke; he further affirmed that Richard Bald- 
win asked him, when he saw y« mare last, and where her 
walke was, but said nothing of her being in his barne, where 
afterwards he saw her at y* time. It was further said y^ soone 
after this time she was sent away out of the jurisdictio ; vnto 
w«*> the defendt replied y^ he might well make this enquiry 
after her, y^ so he might be y® more confirmed that this mare 
was his. 

The plainteifs further alleadged, the business haveing thus 
far proceeded, y^ afterwards two of them, viz, Leiftenn^ Nash 
& Sargeant Boy kin, went ouer to Milford & debated y« matter 
with Rich: Baldwin about this mare ; at first he was all for a 
legall proceeding, but they pressing him y* it might be ended 
in a way of loue, at last he came to this, y^ he would come to 
Newhaven & debate y« matter before y« gouernour, but it 
seemes he fell sicke & so y^ agreem^ was frustrated ; after this 
they pcured James Bishopp & Edward Dormer to goe to Paire- 
feild to see the mare, who veiwed her & doe judg, as they will 
testifie, that they ap'hend it to be y« mare belonging 'to y« 
estate of Sam. Caffinch. 


d8d tusoosDs OT tM tl65d 

The defendt pleaded that they could not give in y^ evidence 
as otherwise they might, being M' . Scott, who had y« principall 
knowledg of this mare, was out of the country ; he was asked 
why y« mare was then sent away, being the man y* knew her 
best was at such a distance, but withall he was told y* y® mare 
being now but foure yeare old, it was not likely y* he should 
have such knowledg of her, he haveing been absent soe long 
as he hath been. The defendant further declared, that he 
thought it reasonable y^ M' . Pell had liberty to plead in y« 
case, being y« mare is his, vnto w^** Sargeant Boykin replied 
[186] that M'. Pell beinge || at Newhaven, he told him that 
^e matter was to be heard before y« gouernour, & asked him 
if he would be p'sent, & y* M^ Pell said no, he had nothing to 
doe in it, he had y® mare of Rich, Baldwin. 

M', Fenn also said, when he gave Richard Baldwin order 
to be heare, he heareing y* M', Pell was in towne, he sent 
two messengers to him to desire him to come & see if it might 
be issued, but M''. Pell refused, & said he had nothinge to doe 
with it. The defendt p'sented the testimony of Michel Tom- 
kin & John Baldwin, w®^ is as followeth. 

May 23*'» 1659. Wee, whose names are imder written, do 
testifie y* wee heard M'. Pell say, (at Richard Baldwins 
house, the 20^^ of this moneth, vpon the question asked him 
if he did not appoint Richard Baldwin to send the mare to 
him,) that he appointed Rich : Baldwin to send her, & spake 
many words to y® same purpose, & seemed to be very angry 
that they should make soe much trouble, & also he said, why 
doe they not sue mee as well as you, I have a part in her, if 
they cast you I have two leggs still, or to that purpose, also 
he said, hee gave Edward Gampe 5« to receive the mare, & y^ 
he had ordered him to brandmarke the colt, also he said, he 
let her be here a twelve moneth, y^ any might have claimed 
her if they could. Michell Tomkin. 

John R Baldwin. 

The case being thus far heard, the plainteifes desired y* for 
the grounds of their claime to y* mare some further evidences 
might be taken & consided. 

First Edward Dormer vpon oath testified that the first time 
he knew this mare was when it was a colt, sucking on a dun 
mare owned by M^ Caffinch, w^^^ colt was brought home & 


1659] JUBiSDicnoN of new haven. 281 

bifanded before it was a yeare old, it was then a whitterish 
couler; in the second yeare he saw it, he supposed 10 or 12 
times, & y* yeare he brought it vp to W™ Gibbards yard, yt^^ 
was then turned gray, & in the third yeare he saw it pretty 
oft in her ysuall walke betweene the Oyster River A y* part- 
ing of the river, w<^b is the mare y^ James Bishopp & hee saw 
at Fairefeild. 

James Bishopp vpon oath also testified that they had an acc<' 
of all y^ horses & mares left by M'. Gaffinch, in writeing, y« 
naturall markes, brand markes & eare-marks, & y^ markes of 
this mare doe answere it, that was a whitterish couler when it 
was yoonge, afterwards turned to a white gray, he said he 
conceived he was at the markinge of it, & y^ y® mare when 
she was about two yeare old he saw in William Gibbards yard, 
where he observed y* S was defective, she was now a white 
gray, & it was then said y^ it was M'. CaflSnches, y* next 
spring he saw this mare betweene Oyster River & Milford 
necke, & y^ to y^ best of his knowledg or vnderstanding it is 
the mare w«*» they now saw at Fairefeild, w*^^ is now in ques- 

Edward Campe also testified vpon oath, that being desired 
to goe out w**> Edward Dormer to looke vp M', CaflSnches 
mares, he not knowing them, he desired of Edward Dormer 
to know what mares they were, & y^ Edward Dormer told 
him y* for y® most part between Oyster River & y® partinge of 
the river there was one of them, w®*» he described to be a 
light gray, with a long strait S on y« shoulder, vpon w<^*» he 
told him that y^ was y*^ mare claimed by Rich : Baldwin to be 
his, to w<^*> Edw: replied, it is M'. Gaffinch his mare, & y* 
coming neare Oyster River they parted, Edward Dormer 
findeing y^ mare, he called to him & sd, here is M^ Gafiinches 
mare, & y* he told him y* it was y^ w^** was claimed by Richard 
[186] Baldwin & y^ he further said || to him y* he thought it 
not faire to drive her to Newhaven, being he had vndertaken 
to bring her vp for Richard Baldwin, & y^ when they came 
home, he told Leiftenn^ Nash, & y« reason why they brought 
her not home, because he had vndertaken to bring her vp for 
Rich. Baldwin, & y^ Leiftenn^ desired him to send Rich. Bald- 


282 RECOBDS Ot THfi [1659 

win word, w®** he did by John Burrall, & that afterwards he 
told Rich : Baldwin at Milford how, & by whom, she was 
owned, & y* Edw: Dormer had given such a description of 
her y* it tooke such imp«'sion on him what he said y* he did 
thinke it was M*". Caffinches; and further y^ he told Sar- 
geant Baldwin, that he thought y* Edward Dormer would 
take his oath y^ it was their mare, & y^ we had taken vp a 
bay mare of his, whose eare marke & brand marke doth 
agree w*^ this, and y* he vnderstood that his eare marke did 
not agree with this, to which he answered y* his wife by mis- 
i,, take did marke her vpon y<* wrong eare, wherevpon he told 
|\ Ipim y* if it come to tryall, he doubted he would be cast, 
* though it were his mare, & y* at y* time Richard Baldwin 
questioned with him about the mare, & asked where he saw 
her last, & y^ he told him at Oyster River hee saw her, but 
Richard Baldwin said nothing of her being in his barne, 
where anon after he saw her. 

John Burrall vpon oath testified, that when he brought j^ 
mare to M^ Whitmans yard, he told Richard Baldwin y^ he 
had brought vp ye mare, vpon y^ Rich. Baldwin came, & 
w**> him he thinketh Daniell Mun, at w^^ time he owned her 
to be his, and y^ after Edward Campe had spoken w^*» Leif- 
tenn^ Nash about the marc Edw : Dormer & he saw at Oyster 
River, & Leiftenn^ had desired him to send Rich Baldwin 
word that they owned her, Edward Campe spake to him to 
tell Rich. Baldwui so, & he did tell Rich. Baldwin soe, but 
whether he did deliuer it as a message from them he remem- 
bers not, but tell him he did, & this was long before goodman 
Campes speech with Sargeant Baldwin at Milford. 

The Court told the defend^ that he had heard y« testimonyes 
given in by ye witnesses for the plainteifs to proue this mare 
to be theirs, he had his liberty to produce what testimony he 
had to proue her to be his. 

Vnto w^^ he answered y* he had not time to gather vp y« 
testimonies y^ might be given in in y® case, haveing but one 
entire day betweene his warning & y® time sett for his ap- 
pearance, he therefore desired y^ there might be a demur, y* 
they might come better furnished ; to w^** y« plainteifs replied 


J* it was agreed betweeue Bich. Baldwin and themaelves a 
veeke before, that they should meet together at y* gouemours 
about this question, therefore he had occasion sufficient gireu 
him to have his witnesses in readiness, wlierefore they judged 
it not reasonable, y' they shoidd be liindered y' tliey might 
not have iustice in the case by such p'tauces. The defend' 
was asked what security he could give, (if a respitt were 
granted,) y' y« mai'e should Iks brought againe iuto y^ juris- 
[187] diction for a legall triall, or whetlier hee || would not 
rather submitt the case to triall at this time, there haveiug 
been as did appeare sufficient time for j' procurcing of any 
that might give testimony in y° case ; vnto w'' y* defend' 
answered, for security lie could give in uon, & w^^aM he de- 
clared that he had nothing against a p'scnt issue now at this 
time, only he feared it might occasiou aiiotlier sute, but 
desired y' if the mare was found to be theirs y' he might liave 
allowance for fetching her vp & other charges about her ; vnto 
^ch yo pjainteifs replied y' it was an injury to them y' slie was 
fetched vp, & y' it had bcene better slie liad beene lot alone in 
her wf^ke in ye woods, whore slie was in good case, & desired 
y' it might be considered as a pul)Iique disorder, & y' some 
penalty might be laid on y" partio offending, to deteiT otliers 
from such courses, we liaving a law established y^ no horses 
or mares be sent out of y" jurisdiction vnles they be rccoi'ded; 
vnto w''' the defendt answered y' she was sould & delivered a 
ycare before the law was made &y' he knew not but that she was 
recorded, Sargeant Baldwin himself being the man appointed 
by y" towne to y' service ; lie was told y' she was sent out of 
the jurisdiction since the law was in force, & y' it doth ap- 
peare slio is not recorded, as James Bisbo])p now affirmed y' 
ii'. Fen asking Rich. Baldwin whetlier or noe this mare was 
recorded, he answered he could not finde that she was, but 
he found a horso of tlie same age recorded, w"'' the plainteifs 
desired might be cousidered. 

James Bishopp further said, yt he conceived that y* words of 
Bich: Baldwins wife would cast the case, for when he told 
her yt this marcs vsuall walke was dbout Oyster Biver, she 
answered that she then doubted it was not theirs. 

284 BEGOBDS or THE [1669 

The plainteife desired y' they mig^t be allowed by y* de- 
fendt J* charges they have beene at in y* proBecution of ttiis 
bnainess by his defeult, w*"" they geve in writeing, amounting 
to 8" 17'. 

The Court haveing heard & congidered the case, an issue 
being desired, both by plainteift & defendt, by way of sentence 
it was declared, that according to y" euidence giren in, it doth 
appeare that y* mare & colt in question doth belonge to y* 
estate of Sam: Caffinch, v"^ y" court orders Richard Bald- 
win either to retnme in kinde, or pay for y* mare 14" & for 
y« colt 10" to y« plainteifes in y' behalf of yt estate, w"> 8» 
10* for charges, (£ 5" as a fine to the jurisdiction for his 
insular act in so sending y* mare out of y* jurisdiction,) 
betweene this & y* court of magistrates in October next, w«^ 
sentence M^ Walker eng^ed to answere, only he reserved 
liberty of reveiw or appeale as they shall see cause. 

Hen: Tomlinson came to y* court & declared, y' when y* 
business concerning him, about y* customes & excise of wine 
A liqueurs, was vnder consideration by y* court, it was found 
vpon y account y' he had not paid for 5 hogsheads of wine, 
he also added y' when he made vp y* acc" w"! Ensigne Bryan 
there was 12" paid, & y' he had divers times desired to know 
&om him what more was dew, but he sometimes told him he 
could not attend it, at other times be could not finde it, & at 
last he told him y* it was dd to H'. Fenn & ti'. Fenn had 
delivered it to the secretary or gouemour, he further ad yt he 
was fined for y* w°^ came in vpon a falce account ; he was told 
yt he had full liberty y* last yeare to object what he could, & 
to discount almost what he would, (so far as o'' law would 
pmitt,) so y' y* court shewed him a great deale of favour, for 
he was charged with a great delinquency, aboue what his pun- 
[188] ishm' was ; he confessed he had favour & thanked || the 
court for it, but said still yt it came in vpon a &lce account. 
He was asked what he intended in his speech, he said it was to 
shew y' he had vsed endeavours to finde out his duty Aphe had 
beene hindered by Ensigne Bryan trii attending his duiyvntill 
punishm' came vpon Dim, vnto w^i^ Ehisigne Bryan answered 
yt it was long rince, £ y> it had beene well he had had time to 

1669] JUBisDicnoN op new haven. 286 

have p'pared himself to answere what is now objected against 
him, but he knowes not y^ euer he denyed to shew Hen : Tom- 
linson j* account, nor j^ he said he could not finde it, for he 
entered those accounts in a booke w^^ he had for that purpose. 

The names of John Corey, John Swasey, M'. John Booth, 
Joseph Youngs sen., Thomas Rider, Edward Petty, Tho. 
More junior, all of Southold, being returned to y* court for 
refosing to take the oath of fidelity, Jo. Corey, being p^'sent, 
was called & asked wherefore he refused to take the said oath, 
to which he answered, that he had tendered to take oath that 
he would be no traito' nor conceale any treachery, but further 
he could not goe, as to binde himself to the obedience of such 
lawes as are yet to be made ; to w^^^ the court replied, that he 
had beene forborne some yeares, but the thing must not be 
borne w*^ in any that live in y« jurisdiction to psist therein, 
for y« oath is safe, and not intended for a snare to any, for it 
is onely y« wholesom lawes, made or to be made, that they 
are required to engage to submitt to ; he was told if the oath 
were put in these words, that he should be subject to the 
scripture , if psecutors should arise & say this is the meaning 
of such or such a scripture, (w®*» is not,) & punish him for 
not obeying, that touches not his conscience ; he was asked if 
he had any other meanes in view y^ he might vse for his satis- 
faction, he said no ; it was demanded if he would take y« oath, 
but he refused, whereupon y® court declared, that there are 
others of Southold whose names are also returned, & y' al- 
though ye court might proceed with him at this time, yet they 
would leave it till the court in October next, at w<^h time he 
with the rest are required to make their appearance, if in y* 
meane time they take not the said oath & certify it to the 

An inventory of the estate of M^ Stephen Goodyeare, de- 
ceased, was p'sented, proued (in court at Newhaven, the 4t*» 
of January 1658,) vpon oath by M'^ ^ Goodyeare, y« 
widdow of ye deceased, to containe the whole estate of M'. 
Goodyeare to y® best of her knowledg, amounting to 804^ » 
09« 10**, besides a part in y« iron worke vnapprized, w**> some 
debts at ye Barbadoes & elswhere, not knowne how much, & 

2d6 BXCOBDB OP tSB [^^^ 

some pipestaves yet to be apprised ; w^^ inventory was taken 
the 15^^ of October 1658, attested vpon oath by Leiftenn^ 
Nash, Will: Davis, Hen: Lindon & Tho. Monson, y' y« ap- 
prizment was iust, according to their best light. 

The last will & testament of Tho. Nash, late of Newhaven 
deceased, was p'sented, made the first day of August, 1667, 
proued in court at Newhaven y« 7*^ of December 1668, wit- 
nessed vpon oath by M^ Mathew Gilbert & M^ John Wake- 
man to be y® last will & testament of y<* deceased according 
to their best knowledg. 

Also an inventory of y« estate of Tho. Nash was p'sented, 
amounting to 110^». 168. 06**, attested vpon oath to containe 
[189] ye whole estate of y® deceased by Timothy Nash || to 
the best of his knowledg, & y^ the apprizem^ was iust, accord- 
ing to their best light, was attested vpon oath by M'. Jo. 
Wakeman & James Bishopp. 

The last will & testament of Tho: Buckingham, late of Mil- 
ford deceased, was presented, made the 19^*» of September, 
1667, subscribed by M'. William Leet, & by him witnessed to 
be j^ will & mind of the deceased. 

Also an inventory of the estate of Tho: Buckingham, was 
pf sented, attested vpon oath before y« court at Milford by Ann 
Buckingham, y® widdow of the deceased, y^ it was a true 
inventory of all y® estate & goods of her late husband to y® 
best of her knowledg, w^^ amounted to 484*^ 3« 8*^. Robert 
Treat & John Flecher, the apprizers, vpon oath aflirmed y^ y® 
apprizem^ was iust, according to their light. 

The inventory of the estate of Rich: Hughes deceased, was 
p^'sented, amounting to 96^ » 4^ 7*^, proued vpon oath in court 
at Guilford, the 6^*> of May, 59, by Willm. Stone & Mary y® 
late wife of Rich: Hughes & now W™ Stones wife, for y** quan- 
tity, & by ye oath of Robt Kitchell and W™ Dudley for y* 
vallew, also administration was then granted to y® said W"> 
Stone, vpon promise & engagem^ to pforme y® payment of all 
debts & portions according to y® courts appointment. 

Joseph Alsupp, attorney for Robert Gray of Salem, in an 
action of debt declared against M^ John Wakeman for 20^ >, 
according to a seAtence of the court at Newhaven the 6^^ of 


die ll'ii moneth, 1656, w**> iust dam^es since that time for 
tbe ufi pa7ment thereof; the pceedinge of Newhaven court at 
Qiat time vas nov read, whereby it appeared that 20'' of the 
estate of M'. Roberts in the hands of M'. Wakeman was con- 
demned, w*" some of 20'' the plaint', said he demanded of M^ 
Wakeman, vho told him that bo should have it, but it not 
being done he demanded it agaiue, & he then told him that 
he would speake to M'. Goodyeare, who had of M'. Roberts 
his estate in his hand, that he should pay hira, but M''. Good- 
yeare not makeing paym', ho demanded it of M'. Wakeman a 
third time but could not obtainc it, after M'. Goodyoare was 
gone for England he demanded it againc, & M'. Wakemans 
ansvere then was, that the estate of U^ Roberts was in l/l'. 
Goodyeares hand, but as for himself, he would not pay it, vpon 
tliat he desired & the court granted execution against the 
estate of M^ , Roberts in the hands of M^. Wakeman, w'' exe- 
cution was served, but no estate could be found, he therefore 
desired the iustice of the court against U^ Wakeman in this 

Vnto wh Mr. Wakeman now answered, that what is 
alleadgcd by the plaint', he doth acknowledg in part, & sd that 
be was present when the court gave sentence in the case, & 
that the; both (as soone as the court was ended) spake w*'' 
TA'. Goodyeare about the paym' of it, & M'. Goodyeare then 
promised to pay it, & he ap'hended that Joseph Alsupp 
accepted it, & pay was tendered in beife, & in so doing he 
conceived he had attended the court order in this matter. 

The plaint', granted that pay was tendered, but it was in 
[190] stinking beife || w='' was no way merchantable, but 
denied that be euer accepted M', Goodyeare so as to release 
the defendt., w^ if he had done M^. Wakeman would have 
called for a discharge, w"'' he neuer did. 

The Court demanded in whose hand the estate of M'. Rob- 
erts was left, to w"'' it was answered that the trust was left 
yf**' M'. Wakem£ & M''. Ling, but M^ Ling being gone, the 
sole power was w"i U^ Wakema, & y' non could interpose 
but by Ms order, both w"'' M'. Wakeman granted, but wtbgU 

288 BECOBDS OF THE [16&0 

said that the sentence was t^ainst j' estate of H'. RobertB in 
bis hand, but he had no of the estate in his hand. 

To V^ it was answered, if it were in his power as it appearos 
ye sole power of that estate was w"" him, it may then be said 
that J" estate was in bis band, & be objected not against it 
when y" sentence was past, w<i> had be done, it might have 
beene considered, but as it is, what reason can be given why 
be should not be responsible, twing he let tlie man goe before 
the debt was paid, in whose hand he saith y< estate was. 

To w^*' ii.'. Wakeman answered that y^ debt was due from 
M^. Roberts, & not from himself, & that be had nO of the 
estate in his band, & y' M'. Goodyeares pay was tendered, A 
Joseph Alsupp neuer said that he would not accept of M'. 
Goodyeare for bis paym' whilest M'. Goodyeare was bere, but 
now M'. Goodyeare being dead he comes vpou bim for it, w"^ 
might bave beeno paid had not Joseph Alsupp neglected it, & 
he findetb that among other accounts M'. Goodyeare gives it 
in as paid. 

Vnto w='' the plaint', replied that it was out of tenderness 
to M'. Wakeman y* be forbore it so long, & y' be vuderstands 
that though his name he in U^ Goodyeare booke, yet there is 
no some, but it is left a blanke, but paid by M'. Goodyeare he 
was not. 

The Court told M^ Wakeman that it is beleeued that he 
bad Bpoken to M^ Goodyeare to pay it, but the thing is not 
done, & now Joseph Alsupp came vpou bim by law for the 
debt, & it is not proued that M'. Goodyeare was accepted by 
Joseph Alsupp, who denyes it, & that he ouely haveing the 
power of y* estate, & Joseph Alsupp bayeing noo power to 
require it of M'. Goodyeare by law, it secmes that it is by his 
meaues that he suffers, & they were both told that p'^aumption 
& forbearance bath done wrong in this busines, but being it 
was like to fall on W. Wakeman to pay it out of bis owne 
estate, it was propounded to ths plaint*, whether he had not 
power to compremise the businesse, that it might not foil so 
heavy, vnto w<=>> he answered y' he could not doe that, being it 
coQoem'd an absent man, but desired the iustice of the court. 
The Court haveii^ heard the case thus p^sented both by 

1659] JUBiSDicnoN of new haven. 289 

plaint'. & defendt. declared that the sentence of Newhayen 
court, w«^» M'. Wakeman heard & owned, should have beene 
d obligation vnto him to see the estate forthcoming for the 
payment of the debt demanded, who had y® sole power of that 
[191] estate || deuolued vpon him, & did the therefore order, 
y* M"^, Wakeman shall pay to Joseph Alsupp 20^* for the vse 
of Robert Gray of Salem, but the damages demanded, w**» the 
charges of y« court, to be borne by the plaint', who hath not 
seasonably psecuted in this busines, & thereby occaisioned 
loss to y« defendt. 

Tho: Staples, plaifUeife, ) The plaint' in an action of 

DeKverance Lambei-to, defendt. \ debt to the vallew of 80i>, 
declared ag^ the defendt, but after sundry allegations, pleas, 
answeres & replies, w*** seuerall testimonyes given in the case, 
the plainteife withdrew his action. 

The busines depending the last court concerning John Bald- 
win & Bethiah Hawes was now called vpon, & John Baldwin 
was told yt it was supposed that he remembered what past the 
last court concerning them, he was asked whether he had any 
thing to say in acknowledgm* of his evill. 

To w<^*> he answered, that what was charged vpon him by 
Bethiah was falce ; he was warned not to add sin to sin by 
further denialls if he were guilty of what was charged vpon 
him by Bethiah, who hath said it,& it is like would say it againe, 
& there are leading circomstances that looke y* way ; but he 
said he was not guilty of what was charged by her, 

Bethiah was asked what she now said to what she had 
charged vpon John Baldwin, who was also warned not to add 
sin to sinne, but if she had falcely charged him, that she would 
now retract it. Bethiah answered that she could say noe 
other then what she had said concerning him. The deposition 
of Samuell Burrall & Joseph Hakins was p^'sented & read, who 
both testify, that in y^ winter season they did see John Bald- 
win come in at M^ Whitmans house in the evening, & then 
Bethiah Hawes & he went out together & stayed some space 
of time together & they came in together into the house, & 
further sayeth not. 

John Baldwin was told that it seemes they come together & 

290 KBCOSDS OF TOE (1659 

go together at Tnseasonable times, aa the adultress y> SoUo- 
mon sayes walkes in the twilight; to w^^ John Baldwin 
answered 7' be went to borrow a horse, but was told that they 
two went out together & stayd some space of time together, 
though the borrowing of a horse be pft«nded. 

Alsoe the testimony of Mi**. Tapp & M". Whitman was read 
as followeth, who both testify that when they were at Bethiab 
Hawes laboure, they heard Bethiah say that John Baldwin 
had y« vse of her three times, one time at the stable end, & 
twice against the railes ; further they say that she said he tore 
her coat, & he said if sbee would bring it to him he would 
mend it againe. 

Tc explaine M". Tappes testimony, M'. Fenn said yt 
Bethiah was delivered before she came; M^ Ferni also desired 
[192] that J" examinatio || of Bethiah might be read, w='' was 
read, £ therein it appeared that shee denyed familiarity w"' 
him any more times then one. Bethiah was asked why she 
then said it was but once, to W^ shee answered that she so 
spake to make her fault appeare y* less ; she was asked why 
she hath since said it was 3 times, she said because she was 
prest to it; she was asked how long it was between the times, 
shee said she could not tell ; she was asked if it was euer aiter 
Aprill, shee said no; if it was before March, she said yea. 

John Baldwin was told that neither now nor before hath bee 
shewed that sorrow for what is proued & confessed as he ought ; 
it hath appeared that he hath been with her at vnseasonable 
times & that there carriages together hath beene vnsattisfying, 
w"'' calleth for more sorrow then he expresseth before the 
court, but the common fame sayes that he carryes it with a 
jolly frame, w*'' rather encreaseth then lesseneth the suspition. 

The Court declared that they had heard w'l^ greife what 
hath appeared in this matter, & although y» maine thing 
charged be not proued, yet for the things witnessed against him 
and confessed by him they did now order, that John Baldwin 
pay as a fine to the jurisdiclion 40', withall leareing roome for 
farther pceedings as further discoueries may be made ; and for 
Bethiah, they looke vpon her as a loose, vaine wench, who 
hath beene found to be with child, the sentence therefore con- 

1659] juBiSDicnoN of new haven. 291 

cerning her was that she be seuerely whipped, so as may sute 
her sex, w^^ is to be done at Milford, that it may be a warning 
to any that have had sinfull familiarity w^^ her. 

Arthur Smith 9f Southold, being sent ouer to answere for 
seuerall great & gross miscarriages, was called, of whom it 
was demanded how he came to be corrupted w^*» y® opinions 
of the Quakers, to w^^ he answered that he knew not that he 
was corrupted. But that he was both a corrupted man & a 
corrupting man, what was sent in writeing from Southold & 
therein witnessed against him was read, w^** is as followeth, 

Joseph Horton, junio^; this deponent saith that Arthur 
Smith affirmed that if men would attend to that light is within 
them, it would lead or bring them to heaven. 2, hee affirmed 
that there was no divell, either before or in Adams time. 3, he 
affirmed that either infants had no sin, or were charged with 
noe sin till they sinned actually. 4, he affirmed that he had 
no gouemo' nor teacher but God, & farther this deponent 
saith not. 

Tho: Mapes ; this deponent saith that Arthur Smith affirmed 
that he had no gouerno'' or teacher but Gk>d, <& that mens 
lawes were corrupt, also he affirmed that the 7 churches in 
Asia were the 7 vialls, & that there was no such thing as 7 
churches in Asia; lastly this deponent saith that haveing 
[193] demanded of || Arthur why y« Quakers gazed or stared 
so in the faces of men & women, he answered him, that by 
looking on men they could tell whether they had the marke 
of the beast to be seen in their forehead & right hand, or no, 
& that hee himself could tell or discern it, but as for people 
themselues, they could not tell, & further saith not. 

Charles Glouer; this deponent saith that Arthur Smith 
affirmed in his hearing that the churches & the 7 vialls were 
all one, and further affirmed, saying he whom you call your 
minister or teacher knoweth no more what they be then this 
child, poynting to one of his children, and affirmed that there 
was neuer any such churchs ; moreouer he affirmed that he 
was not to submitt to mens lawes ; to wh6 this deponent replied 
that he must be subject to gouerm- in what part of the world 
soeuer he lived, & advised him to take heed how he spake 
against gouerm* & pceeded in these wayes, lest he brought 
himself & family to misery, his answere was, what have I to 
doe w**» that. 

Philemon Vicarson; this deponent saith that while he 
opposed Arthur in his nullifying of magistracy & ministry, 

292 BEC0BD3 07 THE [1659 

alleadging y* text, Ephe. 4, When Christ ascended on high he 
gave gifts to men, Arthur replied, that though there were gifts 
giren to men, yet no power, & that this power men take to 
thomselues & it is vsorped power; further, Arthur sd that 
their teacher was non of his teacher ; and vpon further reason- 
ing affirmed that children had no sin till they had acted the 
same in their owne psons ; o' constable Barnabas Horton was 
p'sent & heard this discourse. Many other things at this time . 
and at other he bath heard Arthur declare & speake to his 
greife, but lie hatb let slipp many of them, & further this 
deponent saith not. 

Barnabas Winds, junior; this deponent eaith that Arthur 
Smith affirmed in his hearing that the three freinds of Job w*"" 
came to vissit him, were the three persons in the Trinity, & 
further this deponent saith not. 

May the 19t'', 1659. These men deposed before mee, 
Barnabas Horton. 

Arthur Smith being examined & required to give answere 
to the seuerall pticulers before mentioned, the court fiuding 
his answeres to be both pphaine, absurd, conceited & ridicu- 
lous, he was warned to take heed of dallying with y" foundar 
mentall truthes of God, & was told that the court looked vpon 
him as a man of a pphaiue spirit & disorderly way, that would 
ouerthrow the order & gouerment that God hath established 
in church & commonwealth, as one y^ hath spoken pphainely 
at the best, & blasphemously, as is testified by one witness, for 
which things, so far as they are fully proued against him & 
. confessed by him, it was ordered that he be whipped, & that 
he be bound in a bond of 50'' for his good behavio' for the 
time to come, to carry it in a comely & inoSensive manner, 
Wi" if he did not, he is to appeare here at the court of magis- 
trates in October next, if be be not remoued out of the juris- 
diction in the meane time. 

[194] II In the case depending betwixt M". Goodyeare & 
Thomas Mulliner, concerning the division of some lands in 
question, the court by way of sentence declared that they 
comitt'the determination of it to W"^ Judson, W™ Tuttle, John 
Gowper & Abraham DowlitUe, but in case they agree not, they 
then have liberty to make choyce of a 6^'' man as an vmpire, 
who shall have power to cast the case ; but in the division, 
they are to take care y' M' . Goodyeares fanne be not spoyled, 

1669] JuaiSDionoN of new haven. 298 

A that the conveniencj of that part of the land called M^. 
Hickcox lott, now appertaining to the estate of M^. Goodyeare, 
be prouided for with the rest, yet so y* Tho: MuUiner be not 
frustrated of his due expectation, all things considered. John 
Brockit the surveyor is desired to assist in the business, who 
is to be satisfied for his paines, both formerly & now, by y« 
seuerall parties interested, according to their pportiou in the 
lands now in question. 

Deacon Miles, in the behalf of Captaine Gookin, Gervase 
Boykin in behalf of M>^. Ling, & others made demands vpon 
y« estate of M'. Isaac AUerto deceased, but n6 appearing to 
administer vpon the said estate, the business was respited 
vntill the court of magistrates in October next. 

At the desire of John Paris of Stamford in writeing p^'sented, 
the court granted that the halter, w^^^ he by sentence of court 
the 80**> of the 4*^ moneth 1657 was enioyned to weare, should 
now be taken oflF vntill further order. 

An inventory of the estate of Clement Buxton was p'sented, 
taken the S^ of September 1657, apprized by Rich: Law & 
John Holly, given in vpon oath by the widdow Buxton, her 
name Vnica, at a court in Stamford, May the IS***, 1658. 

Rich: Law. 

The last will of Peter Browne of Stamford was p'^esented. 

Stamford, August 19^*> 1658. Witnesse, 

Rich. Law, Francis Bell. 

An inventory of the estate of Peter Browne deceased, prised 
by Francis Bell, Richard Law, Nouemb' 29, 1658, amounting 
to ^ , was p^'sented, testified vpon oath by widdow Browne 
& Tho Browne in court Febr: lO^h (58). 

An inventory of the estate of Nicholas Thell deceased was 
p'sented, taken the 29^*» of Nouember, 1658, proued vpon 
oath in court December the 16, 1658, by widdow Thell. 
[195] II An inventory of the estate of Jeremiah Jaggers, prised 
by Richard Law & Francis Bell, December ll***, 1658, was 
p'sented, given in vpon oath by Elizabeth Vsher, the wife of 
Robert Vsher, May 19, 1659, amounting to 4721', 17- 0*1. 

Before Francis Bell, 
Richard Law. 

iH mWOBOB OF TSB [166^ 

An iuventoiy of the estate of Simon Higbt deceased Sept. 
8i>>, apprised hj Francis Bell & Rich: Law vpon oath, OctoV 
Q"", 1657, amounting to 2261', 01«, 01'', was p'sented. 

An inventorj of the estate of John Astin, taken b; Bichard 
Law and Angell Husted, Septemb' the 5, 1657, vpon oath, 
was presented, given in vpon oath by the widdow Katbrine 
Astine vpon the 1^^^ of Hay, 1658, in court in Stamford, 
amounting to 78", 08- 04''. 

The will of Henry Ayckrily, the 1711" of June, 1658, was 
p^eented, testified vpon oath by Francis Browne & W°> Oliver, 
Decemb' 16, 1658. Before Francis Bell & 

Bichard Law. 

An inventory of the estate of Edward Hichcocke, late of 
New Haven deceased, was p'sented, amounting to 185ii, 10*, 
GSM, proued in court at Newhaven May the 11*'', 1659. Dea- 
con Miles & John Cowper testified vpon oath that the apprizm* 
was iust, according to their best light. 

Mr. Peirson, pastor to the church at Brandford, haveing vpon 
the 20"' of October, 1658, declared in an action of y* case 
against John Cowper & Mathew Moulthropp, concerning a 
black dun mare taken vp & detained by them, w*='> mare he 
ju^;ed to be his ; for to make it so appeare he desired that 
some testimonies he should now produce might be heard & 
considered by the court. 

First Bichard Harrison vpon oath affirmed, that as he was 
seeking his mare, (that winter when the iron worke began,) 
by tiie farmes old fence side, there was a browne mare w"" a 
small colt of y" same couler, whether horse or mare he knowes 
not, afterwards coming to the farmes he was told that it was 
John Benhams; the same day (as bee apprehends) comeing 
to the water side, he saw the other pipestaff mare, with a 
browne colt like herself, much of y« same couler, whether any 
white vpon her or not he knoweth not. 

Tho: Harrison vpon oath testified that when be came to 
Mr*. Gregsons farme, that mare that proues Westalls had a 
bay colt with her, w'** was three yeares agoe last spring, w>' 
colt he thought was about a yeare old, w<^>> mare & colt, w*^ 
another y' was with them, he drone to Southend. 

1669] JUBISDlOTfOK 01* NEW haven. ^5 

Jofliah Ward rpon oath affirmed, that he haveing occasion 
to come to the water side in Tho: Harrisons feild, he saw 
Westalls mare with a bay colt like herself, whether horse or 
mare he knowes not, w^^ was when the iron worke began. 
John Gowp, now in court, desired that it might be considered 
that Josiah Ward had said that he would not take his oath in 
the case; to w^** M'. Peirson answered, that Josiah Ward had 
told him &at by the consideration of the circomstances he 
ocHnes to the knowledg of the thing. 

[196] II Josiah further vpon oath said that he being w*^» M'. 
Peirson at the water side, he saw M''. Peirsons mare, w^^ he 
sould to goodman Andrews, w^^ a dark dun colt, w^^ a star 
not very cleare, those were y« markes w*^'' hee tooke notice 
off, & that winter was twelue moneth M^. Peirson sent him 
with his man to see after this colt, & when he saw this, hee 
app'hended this was the colt, but he had no meanes betwixt 
tiiese two times to keep the knowledg of it. 

Jonathan ^ , servant to M^ Peirson, affirmed that he 
going often to looke this that goodman Andrewes bought y* 
dam of, w^^ hee supposes is that now in question, he oft saw 
this dark dun colt with a star with the mare of his masters, 
the first winter sucking, & in the summer after, & the winter 
after that, he saw it the third time with Josiah Ward the third 

John Cowper desired that it might be considered that the 
time spoken of by the last witness was after they had bought 
y® mare & marked her. 

Sai^ant Beckly testified that this colt bought by John 
Cowper of WestaU, when it was going 2 yeare old, was for 6 
or 6 moneths that summer in their neck, where (as he had 
occasion to looke vp his horse) he oft saw it, & that it was for 
couler enclining to a black. October the 20 (58), Edmund 
Tooly testified that in summer was three yeare, the mare of 
Westalls, or Lattimors had a colt w^** he tooke to be a darke 
bay w***- a seame in her eare where she had beene cutt, & this 
he takes to be the colt w^^ goodman Cowp bought. 

M^ Peirson in court said that he himself had known this 
colt fro time to time, the first yeare he oft saw it w^^ the mare. 

296 BBCOBOa OF THK [1650 

in 7* latter end of the ye&re he sav it m M'. Eatons feild, 
March v&s two je&re he saw it at the water Bide, where he 
tooke notice of it, & y' when brother Moulthropp told him that 
he had bought half a mare, he asked what her couler was, 
what her markes were, where her walk was, to w'^'' queBtions 
when he had given onswere, he eaid then you have got ouDe; 
brother Moulthrop replied, this is marked on j" eare by brother 
Gowper, vpon v=*> he asked, when ; bro. Moulthropp answered 
about a fortnight agoe, to which he agaiue replied, then you 
have marked mine. 

Vnto w^h bro- Cowper now answered y' M''. Peirson being 
w^^ bro: Moulthropp, they finding a company of horses where 
this mare was, M^. Peirson when he saw her, asked what mare 
is this, so that it seems he had not such knowledg of her as he 
speakes of; to w""" M'. Peirson now answered, y' it was his 
great desire to see this mare, because they had said that theirs 
was marked, he haveing lately seen his owne without a marke ; 
bro: Moulthropp & himself comeing neare y black rock, there 
past by a company of horses, bro. Moulthropp sd, there is not 
the horses welookefor; afterwards lookeing further among 
them, he asked bro: Moulthropp concerning one of them, what 
is this, he answered this is the mare in question, when they 
had looked vpon her he asked bro. Moulthropp where is the 
marke, he said it is o y^ care, he replied there is no, bro: 
Moulthropp sd it was grown vp; after they had turned her 
about, they saw J: D; on the further buttoek. Bro: Cowp 
pleaded y' it was at first questioned whether y" mare had any 
oolt, but y* appearing to be so, now the question is about the 
couler; to w^*" M'. Peirson answered y' y ground of y' was, 
John Thomas haveing said that Westall told him y' his mare 
had a black colt at Wethersfeild, he was told by W" Palmer 
y' yt mare had no, but another mare of his had a black colt. 
. Bro: Moulthrop said that he hath alwayes app'hended this to 
be the colt of Westalls mare, for the colt W"* was with West- 
alls mare was a blackish bay, vnder Hie belly more browne, on 
y» back more black, w=i" he saw at a moneth old A frequently 
afterwards, yet to take his oath of it he would not for a horse. 
The Court findeing y* notwithstanding w^ hath been 

1659] juBiSDicmoN op new haven. 297 

alleadged, both by j^ & defendts, & what hath been testified by 
y« witnesses in y« case, that y« question to who this mare 
belongs remaines doubtfull, they desired y* they would either 
of them make choyce of a man y* may veiw y« mare & more 
fully informe y« court, or bring her hither that she may bee 
seene by the court, that an issue may be put to this businesse. 

[197] At a Court of Election held at Newhaven for the 
Jurisdiction, the 25*^ op May, 1659. 

M'. Francis Newman chosen Gouernc. M*". William Leet 
chosen Deputy Goue^no^ M^ Mathew Gilbert chosen Magis- 
trate for New Haven. M^ Robert Treat chosen Magistrate 
for*Milford. *M^ Jasper Crane chosen Magistrate for Brand- 
ford. Y® Gouerno' & Deputie Gouernour chosen Comission- 
ers, M^ Crane the third in the election, if the prouidence of 
God should hinder either of the other. M*". Wakeman chosen 
Treasurer. WiH: Gibbard chosen Secretary. Tho: Kimberly 
chosen Marshall. All for the yeare ensuing. 

At a Generall Court held at Newhaven for the Juris- 

DicoN, the 25^*» op May, 1659. 

The Deputies for the Generall Court p^'sented their cirtifi- 
cates, w*^^ were approued; all for the yeare ensuing except 
Stamford, w<^*> was only for this court. 

There was pi'sent. 

The Gouernos Deputies. 

Deputy Gouerno% Leiftenn^ Jo. Nash, | New- 

M'. Gilbert ) Ensigne Hen: Lindon, \ haven. 

M^ Treat, > Magistrates. John Fleclier, ) M^ifv^T./^ 
M'. Crane, ) Tho. Welch, j ^^^^^r^- 

Leiftenn^ Chitenden, ) Q^jiford 
Geo. Hubbard, \ 

Rich: Law, ) ax^_^i« ^j 
Francis Bell, ^ Stamford. 



BSCOBDS 07 THE [16£ 

U: WiH: WelU, I 5„„,,,„,, Hortoi, j Southold. 

Leifteou' Swaine, i 
Lawrence Ward, 

I Branford. 

Edward Wooster desired to know where & of whom he 
should receive pay for 7 wolues he hath killed at or neare 
Paugasett ; he was told that if Paiigasett stand in relation to 
Milford as a part of them, then he is to receive his pay there, 
but if tlicy stand as a plautatio or village of themselues, then 
they themselues must bcare itt ; neuertheless, it being thought 
by some that both Newhaven & Milford have benifitt by killing 
wolues at Paugaset, it was agreed that it should be recomeuded 
to both the townes to see what would be freely given him in 
recompense of his service in thus doeiug. 

Edward Wooster was also told tliat the encour^ement 
given to the proprietors at Paugasett was in rofferenee to a 
village to be settled there, w^"" y* court now saw no likelyhood 
[198] off, and || that in the way tliey were in, they saw not 
how they could attend their duty in reffereuce to the Sabbath, 
being at such a distance from the meauos, w"'' the court would 
consider off; w^"" being debated & considered, it was ordered 
that if the place called Paugassett become not a village to the 
purposes formerly exprest by y" court, betwixt this & y' gen- 
erall court in May next, that the place shall be deserted in 
refference to settled habitation. 

The Court, (being informed of sundry complaints made 
(by such who are found defective in tlieir armes) of y* diffi- 
culty, if not impossibillity, of getting those defects mended,) 
did order, that where there is in any plantation any gunsmith 
or otiier smith, cuttler, joyner, or any other who is skill'd in 
mending guns, stocks for guns, swords, scabberds, or any 
other pt of milhtary furniture enioyned by y' lawes of this 
jurisdiction, he shall, (haveing p'sent & due satisfactio,) with- 
in one moneth alter they are brought to him, attend y* mending 
or fitting vp of the same ; and the same is also required of 
them in refference to such as shall repaire to them for help in 
such cases frd any of the plantations w'^in the jurisdiction, 
where such artists are not resident in the places where they 

1659] JUBiSDionoN op new haven. 299 

The Court also, haveing notice of the insufficiency of many 
guns w«^ are p'sented to veiw, did recomend it to y* seuerall 
plantations, as their duty to attend vnto, that euery man 
would furnish himself w**» such a gun as may be serviceable, 
& did order that no gun of less bore then y^ standerd agreed 
vpon (w*^^ is to be kept by the cheife millitary officer in euery 
plantation) shall be allowed as sufficient. 

By way of alteration of the printed law, forbidding to sell 
wines or liquors (vnto w^h cidar is since added,) vnto Indians, 
it is ordered y^ the penalty for the first offence shall no longer 
be 6", but 5*», for tlie second offence not 10% but 10^», w^i* 
shall be the one half to the informer for his paines and charges 
in the prosecution of the delinquent. 

The Court haveing information of disorders in some of y« 
plantations, by the retailing of cidar, did order that whoso- 
euer, w**»out license from some magistrate or other authority 
where there is no magistrate, shall sell or retale any cidar by 
less quantity then 3 gallons, shall for the first offence proued, 
pay 20" ; for y« second offence, 40'* ; for a third offence, shall 
be bound ouer to the court, w^^ court considering the fact 
^th ye agravations thereof, shall inflict such further punish- 
m* as they shall see meet. 

Jonas Wood did againe p^'sent in writcing the desires of 
[199] the II towne of Huntington, to joyne in combination 
w^*» this colony, craveing liberty for the triall of actions to a 
greater vallew then is allowed to other plantations in the 
jurisdiction, w^^ yc court was not willing to ; he also ppound- 
ed that they might for some time be freed from payment of 
rates to the jurisdiction. The court granted that they should 
be freed for 2 yeares, pvided, that as they would be freed fr6 
rates, so they should not be chargable to the jurisdiction ; 
but nothing further was done at this time. 

The petition of John Ridar of Hashamommocke, was 
p'sented & read, wherein ho desired to know whether they 
were part of this jurisdiction or not, & that they might be 
considered in refference to damage they sustaine in there 
meadow by a millpond belonging to the towne of Southold. 
Vnto the first the court declared, y* they looke vpon them as 

800 BECOBDS OF THE [1669 

v">in y jurisdiction, according to the tfiarmes agreed Tpon 
betweene y towne of Southold <& the former inhabitaots. To 
the second pticuler, M'. Wells pleading that Southold sus- 
tained greator damage bj them, the court could give no 
judgm> in the case vntilt they heard j' allegations & proofea 
on either side. 

Jolin Holly of Htamford was allowed 30", (besides his 
charges now at New-Haven,) for his paines & care in gather- 
ing in the customs & excise of the towne of Stamford the 
yeare past. 

John Fowler of Guilford, Lawrence Ward of Branford, Bar- 
nabas Horton of Southold, John Holly of Stamford, were 
chosen to receive the customs & excise of wines & liquors in 
tiie plantations wherein they live, for the yeare ensuing. 

The customs & excise of tlie towne of Milford are let out 
to Ensigne Bryan for the yeare ensuing, in all respects as it 
was y* last yeare, save onelyy' 5i' of the 20 is to be paid in 
good merchantable beavc, at price current, sometime betwixt 
this & August next, so as it may be to supply the comissioners 
for the jurisdiction service. 

M'. Wells of Southold informed that a neighboure of theirg 
that bought a pcelt of land at Manhanseck was about to sell it 
vnto a Quaker ; it being considered by the court, they desired 
y* gouernof to write to M^. Willis of HarfTord for his concur- 
rence to assert o^ title to those lands from tlie Lord Starling, 
& to vse sucli meancs as lie conceives may conduce to the 
P'ventiou of any sucli sale by any that p'tend title to any 
lands there. 

The Magistrate & deputies of Branford informed that Peter 
Abbott coming thitlier tlie last yeare to help his father to 
weed come, was taken the same day with a lunacy, which 
occaisioiied much charge & exercise to their towne, w"*" they 
conceived sliould be borne by the publique, he being no set- 
tled inhabitant there, but had lived sometimes in one plantar 
tion & sometimes in another, and that if it should please 
God againe so to exercise him, they saw not how the people of 
[200] Branford (haveing been vnder the || afflicting hand of 
God) could be able to supply him w*'* such things as his con- 

1669] JUBiSDicnoN of new haven. 801 

dition would call for, to w^^ the court answered, that they 
saw not but y^ Branford, to whom he did belong, must in 
justice beare it, but withall it was pmised that if Ood should 
so againe afflict them in Peter Abbot, they will have a broth- 
erly respect to them &, if there be cause, help them in a 
way of mercy, as this court shall thinke meet. 

Complaints being p^sented of wrong done in the sizes of 
shooes, the court did take the matter into consideration, & be- 
ing informed that W°> Newman of Stamford hath an instru- 
ment in his hand w*^^ he brought out of England, w«*> is 
thought to be right, to determine this question between the 
buyer & seller, did order that the said instrument should be 
pcured & sent to Newhaven, w®** (if approved by y« court of 
magistrates in October next, to whose judgment (takeing in 
such advice as they shall thinke meet) y* busiues is referred) 
a standerd shall be made, w<^^ is to remaine w**> the jurisdiction 
treasurer, & from thence other standerds to be taken for the 
seuerall plantations, w^^ shall be the rule betweene buyer & 
seller, to w*^** it is required that all sizes be conformed. 

The Court lookeing vpon it as their great duty to establish 
some course (that through the blessing of Grod) learning may 
be promoued in the jurisdiction, as a meanes for y' fitting of 
instruments for publique service in church & comonwealth, 
did order that 40^ » a yeare shall be paid by the treasurer for 
the furtherance of a grarfier schoole, for the vse of y*' inhab- 
itants of the jurisdiction, & that 8^» more shall be disbursed 
by him for the procureing of bookes of M^ Blinman, such as 
shall be approued by M^ Davenport & M'. Peirson as sutable 
for this worke. The appointing of the place where this 
schoole shall be settled, the pson or psons to be imployed, the 
time of begining, Ac, is referred to the gouerno'', deputy 
gouerno', y* magistrates & ministers settled in the jurisdiction, 
or so many of them as vpon due notice shall meet to consider 
of this matter. 

The Deputy Gouerno', w**» the deputies of Guilford, did 
ppound M^ Whitfeilds house freely for the furtherance of this 
worke, who did also declare that they judged it reasonable y* 
if the said schoole should be settled in any other place by 

802 KBCOBDS op THE [1660 

those w«^ are appointed to determine this question, thaty* 
like allowance should be made by that plantation where it 
blls, answerable to what bj Guilford is now propounded. 
[201] II The afBicting hand of God baveing been heavy od 
y* inhabitants of Greenwich y* last yeere, by sickness, ic 
thereby y* loss of a great part of their come, their rates to 
the jnrisdiction for the yeere past, as a worke of mercy, were 

Robert Abbott, late of Branford deceased y who died intes- 
tate, being posost of an estate amounting to 120 or 130", or 
thereabouts, a question was brought to the court whether y* 2 
youngest children should not be considered aboue their ppor- 
tion, being not duely pvided for considering their yeares, w='> 
the court having considered, it was declared y* lOii shall be 
taken out of the estate for the help of the widdow for the 
bringing vp of these two children, w^"" being done, the estate 
is to be divided, according to the true intent of the law in y* 
case, betweene the widdow & children, wi" is referred to the 
court at Branford. 

M'. Wakeman acknowledged T'' received of the deputies 
of Southold for the land repurchased by tliem, called Matta- 
tock & Akkabawke, but being paid in wampom, M'. Wells 
vndertooke to answere the damage that he should sust^e 
by it. 

It is ordered that the horses appointed for publique service 
shall exercise 4 training dayes each ycare, at such times as 
shall be appointed by y« millitary officers for the foot com- 
panys in each plantation, who shall also veiw their furniture 
when other armes are veiwed, vntill some other way be 
appointed by the court. 

Information being given that John Corey, John Swasey, 
M'. Jo" Booth, Joseph Younges senior, Tho: Ridar, Edward 
Petty, Tho: More junior, refused to take the oath of fideli^, 
it is ordered, that they shall appeare at the cotirt of magis- 
trates, the 19"> of October next, to answere it, if in the meane 
time they take not the said oath & certify it vnto the court. 

There being e question whether 6" or 5" were dew from 


Jftmes Rc^ra to the jurisdictioQ vpon a forfeiture of liquors, 
it was declared that 5'' being paid thej require not j* rest. 

The Magistrate & deputies of Milford were desired to re- 
quire of the iuhabitautB of Paugaset a list of their rateable 
estate, & to send it to the secretary at N^ewhaven. 

A question being propounded by M^. Wells, whether land 
Miclosed for an oxpasture be rateable or not, for answere he 
was referred to the law, w'> sayes that all lands shall be rated 
except such 6s doth & shall lie comon for free feed of cattell 
at all times to the Tse of y' inhabitants in generall. 
[202] II Vpon information that M'. Bishopp meets wf* some 
discouragm^* in his worke at Stamford, & therevpon thinks 
of remoaing thence, the court spake with Leiftenn' Bell, one 
of the deputies, about it, who could not say that things had 
been as they should in all respects, but pfessed that he should 
be ready to lay out himself for M'. Bishopps encouragem' ; 
but no complaint being made by M'. Bishopp, nothing was 
done by way of order, but only it was declared that if they 
heare not of a speedy reformation, they will consider of send- 
ing some fro among themselves &c. to Stamford to enquire 
after things, & endeavour (as they thinke they are bound) 
to remoue what may hinder y* worke of God in his hand, for 
if ministry & ordinances fall, what will the people doe ? 

A complaint being made concerning some psons at Stamford 
for selling wines & liquors witliout license, it was by y" court 
declared, that it is expected of the officer in authority there, 
that he make dilligcnt enquiry after such disorders, & that 
he duely psecute the offenders, according to y' law in that 

Whereas in the law concerning dowries, it appeares neces- 
sary that the consent of the wife be required to any sale of 
houses or lands made by her husband, w'^ act or consent 
must be such as this court allowes, therefore it is now de- 
clared and ordered, that a free consent or acknowledgment 
being given or made of Rer willingnes to such sale, before the 
secretary or any magistrate, or constable where there is no 
magiatrate, shall be accounted good in law, & cutis off such 




vife from claiming any thirds in the Bud houBes or lands 

It is ordered that 60" shall be paid by the treasurer Tnto 
the gouemo' & 20" to the deputy gouerno'', for the years 

Francis Bell was chosen & swome constable for Stamford 
for the yeare ensuing, who had the same power comitted to 
him as the constables at Stamford formerly had. 

Geo: SlawBon was chosen marshall, to assist him in the 
worke of his office. 

M', Wells & Barnabas Horton were chosen constables for 
Southold for the yeare ensuing, who have the same power 
comitted to them as the constables there formerly had. 

It is ordered that a rate of 100'' shall be leuied frS the 
seuerall plantations vf^Hu this jurisdiction, ib equall pportioiu 
according to their estates, w"*' is to be paid the one half some- 
time in Octob' next, y* other half by the first of Aprill fol- 
lowing, in such pay & at such prizes as was ordered y° last 
Newhaven, ZV< 18* 05<' ) Stamford, 12'' 00> i 
Milford, 21 12 00 } Southold, 09 00 00 J 100«. 
GuiKord, - 18 07 01 ) Branford, 06 06 10 

[203] At a Court of Magistrates, held at Newhatkh 


The Gouemo', Deputy Gouernor, M^. Gilbert, M'. Treat, 
M'. Crane, was present. 

The matter' depending since the last court, concerning y* 
estate of- M'. Stephen Goodyeare deceased & the creditors, 
came to be considered, at w'"" time the former claime of M'». 
Goodyeare to a third of M^. Lambertons houses & lands waa 
renewed, both by herself & her attorney, William Edwards of 
HarfTord, her right therevnto (by 'vertue of a law extant 
when M'. Lambertou died) pleaded, but it being found that 
l^ her mairiags w**^ ii'. Goodyeare it became part of his 
estate, it waa by the court determined that onely a third of 


that thirds for life, doth belonge to M". Gteodyeare. What 
hath further been done, or was now done concerning this 
matter, is here breifly declared as followeth, 

Forasmuch as M'. Stephen Goody eare, merchant, late v 
deputy gouemo' & planter of Newhaven in New England, 
being vpon a voyage into old England, there deceased in 
London in the yeare 1658, since which time the court at New- 
haven, for conservation of the estate of the deceased, to be 
forthcoming to answere all iust debts & claymes due from the 
said estate, did cause an inventory to be made & delivered 
into the court, of what was here found within y® jurisdiction 
of Newhaven, and an account to be drawne out of M^. Good- 
years bookes of what seemed thereby to be due to that estate ; 
the court of magistrates, takeing y® matter into consideration, 
caused a writeing or intimation, beareing date October 20, 
1658, to be publiquely set vp & affixed on a door post of the 
meeting house of Newhaven, to give notice to all or any psons 
that had any thing to clayme from y® estate of y® deceased, to 
make their appearance, by themselues or their attorneyes, at 
the court of magistrates in May, Anno 1659, then & there to 
make satisfying proofe of their claimes, that order might be 
then given & distribution made of the said estate, for iust & 
pportionable satisfaction, but the businesse being found not 
duely p'pared on the creditors part, it was ordered, that by a 
writeing set vp as before, that intimation should be againe 
given for their appearance at the court of magistrates in 
Octob"^ next, at w^** said court attendance was againe given 
to take in y® said proofes, in the p^scnce of the said creditors 
appearing, where first allowance for all iust charges, fees &c. 
about ye collecting, apprising & conserving the estate for the 
[204] benifit of psons || concerned therein, being deducted, 
the court pceeded, & allowed these debts & claimes, hereafter 
mentioned & set downe in their pticuler somes respectively, 
to be due from M'^. Goodyears estate, some vpon cleare 
specialities and proofes, others by faire accounts & reckonings 
owned by M^ Goodyeares bookes without any materiall 
objection made against them, all w^*> amounted to the full & 
iust some of 2403i», 19», 2^ ; but because divers reckonings 
were not pfected, nor M". Goodyeares thirds sett out nor 
compounded &c., at the request of the creditors p'^sent, y® 
court allowed & established M^ John Wakeman, M^ Nich- 
olas Auger & Jo^ Cowper of Newhaven, to be comission- 
ers to issue those accounts, impowering & authorising them 
to agree w**> M". Goodyeare about her thirds, to make 
sale of the lands or other estate here, and by themselues 





or their lawfull attorneyes to vse all meanes, whether hj 
course of law or composition, to gather in all debts, here 
or elswhere due to the said estate, and to make pportionable 
distribution of what is or shall be by them recouered, amongst 
all the said creditors respectively, & to give in a iust account 
to the court of magistrates at Newhaven of whatsoever shall 
be by them so done, whensoeuer it shall be called for & re- 
quired, that righteousnes may be attended in that trust, and a 
standing record kept for the veiw of any that desire satisfac- 
tion about y* whole carriage of this businesse, 

M^ Goodyeares inventory was, 804^>,09", 10<* 

Out of w^h there was paid to M*^. Lambertons 
children, for w^^ security was 
given, 41511,18, 2<»^ 

A 20* for land sould to Jer: Lai^ ift ao 

Whitnell 001, 00, 0, p^^' ^^' "^ 

both which being deducted, w^^ is J 

So there remaines to M^*. Goodyeare for her 
thirds, & to the creditors according to the 
inventory, 387, 11, 08 

For apprising & conserving of the 
estate &c, y« estate ~ 

To John Herriman 
the sheepheards 
tables for the bookes 
John Cowper 
the 4 apprizers 
the Secretary 
M^ Cornish 

15, 17, . 04 

[205] II Creditors to the estate who are to be paid in ppoi> 
tion to these somes vnderwritten. 























M'. Woolcot 
M'. Hickcox 
Christopher Todd 
Tho: Dank 
M'. Paine 
M'. Nicholes 
John Punderson 
Thomas Mitchell 
M^ Sam: Wakeman 
M'. John Wakeman 
Roger Allen 
George Larremore 
Mr. Kitchen 
M'. Pinchon 
Mw. Davenport 
Newhayen chorch treas'j, 
the Jorisdiction, 

234" 15« OOd 

















Edward Perkins 
Mr. Whitfeild, 
James Clarke, 
Mr. Hooke 
Mr. Evance 
Mrs. Godman 
Thomas Staples 
Sargeant Jefieries 
John Herriman 
Richard Hughes 
Henry Carter 
Huphry Spining 
Wiflm Judson 
John Cowper 
Willm Andrewes 
Mrs. Mr. Stolions estate, 
the Dutch Gonemor 

00211 13* 00<1 















478 - 8-01 

060— 00--00 




Newharen towne 
Mn. AlGot 
Mr. DaaieU 
Mr. Lake 
Mr. Tanner 
Joseph Mjgate 
John Gibbi 
Henry Lindon 
the Gonemor 
Mr. Gilbert 
Mr. Ting 

treas'j, 016—01—04 


Willm Trowbridg 
Mr. Evance his house, 
Mn. Sheafe 

Vpon the Sh^ 
Mr. Wakeman 
M'. Gilbert 
Wm Davis 
Mr. Atwater 
Roger Allen 
Christopher Todd 
James Hajward 
Mr. Mulliner 




Total 2403—19—02 

[206] Cbnceming the estate of M\ Allerton. 

Whereas at a court held at Newhaven Aprill the 5^*> 1659, 
an inventory & an account take & prsented to the court, of 
an estate left by M'. Isaac Allerton sen. deceased here, at 
w^^ time the court was informed that there was a will left by 
the deceased, w<^*> was supposed to be in the hands of M'. Isaac 
Allerton, who was now from home, vpon w*=*> ground the court 
proceeded not further in that businesse at that time, onely 
they signified there desire that the will spoken oflF might be 
brought forth at his returne ; accordingly at a court held at 
Newhaven the 5**> of July 1659, M'. Allerton appeared, <t 
pi^sented the said writeing as the will of his deceased father, 
but the court findeing that neither M^ Allerton nor any other 
was willing at that time to administer vpon the said estate, it 
was ordered that y« bookes of accounts, w**> all bills & 
specialities appertaining to the said estate, should be deliv- 
ered to the secretary, and that by a writeing sett vpon the 
door post of the meeting house, intimation should be given to 
such a^ were creditors to that estate, that if they made their 
appearance at the court of magistrates in October next, their 
demands should be considered ; at w^^ court sundry creditors 
appeareing, to make clayme of considerable somes due from the 
said estate, Mr. Isaac Allerton prsented a writeing, as the last 
will of the deceased, now witnessed vpon oath by John Herriman 
& Edward Preston, that it was sealed & subscribed by M'. 
Allerton deceased, whilest he had the vse of his vnderstanding 
& memory in a competent measure, by w^h writeing it ap- 
peared y^ Mr. Allerton himself & his mother, the widdow of 
the deceased, were made ioynt trustees to gather in & dispose 
of the estate for paym^ of the said iust debts due from the 
same. The said widdow renouncing her part of that trust & 
no els appearing who were willing to administer, the court vpon 
request of the said Mr. Isaac Allerton, established the sole trust 

808 RECORDS OF THE [1659 

of that businesse vpon him, to collect & dispose of the estate 
for the ends aforesaid, within any of the English jurisdictions 
in these parts of America, vpon engagem^ & pmise of the said 
M^ Allerton to attend that trust, & to make p>^sent payment 
proportionably to all & each of the said creditors, according 
to the iust vallew of the estate here apprised in y« inventory, 
and to gather in the debts elswhere with all convenient speed, 
& to make due satisfaction in currant pay vpon moderate 
tearmes, yearely, in proportion to all the creditors, for what is 
so collected, giveing in a satisfying account anually to the 
court of magistrates here, of what is so done, vntill all iust 
debts be sattisfied, that if anything more shall appeare neces- 
sary to be done for furtherance of righteousnes, the court 
may give further order herein. 

[207] But II M'. Isaac Allerton junior, in his more serious 
tiioughts about y® businesse, came the next day vnto the court 
& pfessed his discouragment to proceed in that trust, vnlesse 
he might be left free to act in it as he saw convenient, & 
might be dismissed therefrom vpon account, wheneuer he 
desired, w«^*> the court told him could not be allowed before 
the court saw a satisfying or iust account given of the faithfull 
discharge of that trust, w^^ he was the rather to be obliged to 
because he was the deceaseds eldest or onely sonne, who had 
conferred that trust vpon him for attendance vnto righteous- 
nesse on his fathers behalf, w^^ the court wished he would 
consider oflT. But what was said or moued to him that way, 
p'vailed not to hinder him fro renouncing & refusing to vn- 
dertake the matter, vpon the tearmes aforesd ; whereupon, 
(he often expressing that he refused to meddle in it, but 
would leave the estate in the courts hands otherwise to be 
disposed off & ordered, as they should see cause,) the court 
vpon request of the creditors, who had long waited for an 
issue, that so some course might be settled whereby they 
might come to receive the iust rights & dues fro the said 
estate, did, with the consent of the said creditors & vpon 
their nomination, authorise & impower M^ Richard Miles 
and Gervase Boykin, (to whom the bookes of accounts, w*^ 
bills & special tyes, were delivered,) as comissioners in trust, 
for collection & conservation of the said estate, & to attend 
the settleing & clearing accounts thereabout, to agree w^*» 
M'". Allerton, the widdow of the deceased, about her tliirds, 
to*make sale of houses, lands, or other estate here found, or 
to be found w^^in this jurisdiction, to vse all due meanes, 
either by themselves or their attornyes, whether by course of 
law or composition, to gather in all or any debts, here or 

1669] JXTBiSDicnoN of new haven. 809 

elswhere within the English jurisdictions in these parts, be- 
longing or due to the said estate, to make pportionable distri* 
bution of what is or shall be by them so recouered, amongst 
the creditors respectively, and to give a iust & true account 
vnto the court of magistrates here at Newhaven, of whatever 
shall be by them so done, whensoever it shall be called for A 
required, that righteousness may be attended in this trust, and 
a standing record kept for view of any y^ may desire & seeke 
satisfaction about the whole carryage of this matter. 

The estate of M^ Allerton deceased, according the inven- 
tory was 118»», 05», 02<^, w^i* (M". Allertons thirds of the 
houses and lands being deducted,) falling into the hands of y« 
creditors, they sould vnto M^ Isaac Allerton the dwelling 
house, orchard & barne, w^** 2 acres of meadow, (prised in the 
inventory at TS^s) for 120^^ of w«»» 120ii, 40»i belonging to 
M". Allerton for her life, 12^* being given for the reuersion of 
that thirds, M'. Allerton became debtor to the estate for the 
house, &c., 92i», for other estate as prized, 43^«, 05», 02*', both 
w<^*» are 135*', 05», 02*^, out of w^Ij being deducted for funeraJl 
charges, fees, Ac, 6**, M'. Allerton remaines debtor to the 
estate for the vse of the creditors, 129' », 05% 02^; who were 
ordered to receive in trust pportionably to these somes foUow- 
[208] ing, II Ensigne Bryan 122ii, 0», 2^, 2 peices of holland 
by him received to be deducted. Deacon Miles, in behalf of 
Capt. Gookin, ll's 15% O^*. Gervase Boykin, for M'. Ling, 
ISii, 06», 09d. Roger Allen, 02'% 15», 00<J. M^ Lord, 13»i. 
Edward Perkins, 8% 6^. Witt Gibbins, 6»i 2% 0^, all w^h were 
condemned. Interest was also pleaded for by some of the 
creditors, w<^*> was left to be considered. 

Other demands were made vpon the said estate, viz*, Sar- 
geant JeflFeries demanded about 6'», M^ Lord, more 40», M^. 
Allerton for M^ Maverick, 60'», 02, 06^, John Cowper for John 
Westall ^ , W^n Gibbins, for M^ Marshall in England, 40i>, 
Joseph Alsupp, for M". Sheafe, 8'» ; who were told that at 
the court of magistrates in May next, their demands w**» the 
pofe thereof shall be considered, w*** any other that have 
demands to make vpon y« sd estate, (concerning w^** it was 
ordered that such intimation shall be given, by a writeing 
affixed to the door post of the meeting house of Newhaven by 
y* secretary,) at w<^h time it is intended that distribution shall 
be made of the estate of M^ Allerton, & each man ordered to 
receive that w**> right, according as things shall then appeare. 

Henry Tomlinson of Stratford, being warned to the court, 
appeared, to whom it was declared that sundry of o' freinds 
& neighbours are vnsatisfied concerning his late acting at 

810 BB0OBD6 or THE [1669 

Oonecticote, in a way of yniust mollestation of the goaenio>^. 
Henry Tomlindon desired to know whether it were a breach 
of any law in that jurisdiction ; he was told that y* might be 
answered another time, but he was now required to attend 
what the court called him to give answere to in this jurisdic- 
tion ; he was asked if he knew any p^sident of like actings to 
his in any of the colonyes ; to w^h he said yea, in M"*. Hopkins 
his case in the Massachusetts, but was told that y^ was not this 
case, but done vpon a pticuler account, but this to the gouemo' 
Tpon publique respects, concerning his administrations in his 
place, w®*> is contrary to the articles of confederatiO & of an 
order since by the comissioners recomended to the seuerall 
generall courts. 

Gtervase Boykin declared that when the thing was first heard 
of, it was very oflFensive to many, he thought y** generall court 
should take it into consideration & pvide that such tilings 
might not be sufiered, it being a way to set one jurisdiction 
against another. 

Mr. Wakeman said that it was an vniust molestation of the 
cheife oflBcer of the jurisdiction, when sent out vpon the ser- 
vice of the country. 

[209] II Jo: Cowper said he was affi*aid that he did it to lay 
y* jurisdicon low, and it was to him very offensive. 

The Deputy Gouerno"^ told Hen: Tomlinson that he knowes 
that he neuer made any appeale to the generall court, yr^^ he 
might have done had he been vnsatisfied with y° sentence, nor 
had ho sought for a review of the action, but carried it in a 
flattering way, as one well apaid (as we may say) w*** what 
the court had done, & thanked the court for their lenity & 
favoure towards him, and yet since hath carried it in an irreg- 
ular way to throw vp foimdations, & to breake the bond of 
amity betwixt the collonyes, & was thereby to be looked vpon 
as an vniuersall disturber of the peace, and therefore as a ring- 
leader should be made an example vnto others. He was told 
that by the same account all the judgments in other jurisdic- 
tions past vpon delinquents might be called ouer againe, and 
so there will be judgment against judgment, execution against 


execution, w^^ would be like to issue in the ruin of New Eng- 

The Court professed they were not ashamed to justify their 
proceedings, & their yprightnes in them, before others, but 
that another colonj should call this colony to account would 
not be at all yeelded, we having entire jurisdiction amongst 
o^^selues. Hen: Tomlinson was told that if he doe not lay it 
to heart, Gk>d would take notice of him as one whose practise 
tends to breake the peace of the country. 

It was declared that, there being now but a small court, and 
some of the court might be thought to be concerned in it, and 
y* matter in question respecting the whole colony, the deter- 
mination of the coMrt therefore was, that Hen: Tomlinson 
shall put in security to 50i> vallew, to make his appearance, A 
to give answere to what shall be laid to his charge in this mat- 
ter, before the generall court to be held at Newhaven, the last 
fourth day of the weeke in May next ; accordingly the said 
Henry Tomlinson & Jer: Osburne did afterwards engage, 
ioyntly & seuerally, in the some of 60* > for his appearance 
before the generall court, the day before mentioned. 

Will: East of Milford, being warned to this court, appeared, 
who was told that he was bound to appeare here in May last, 
but he appeared not, but instead thereof sent a writeing to 
excuse his non appearance, w^^ satisfied not; he was told that 
y* court was now ready to heare what he had further to say, 
why he appeared not ; to w<^*> he answered that he had no more 
to say ; wherevpon he was asked what he had to say to those 
great & gross miscarriages wherew**> he stood charged. What 
past in court concerning him, in October 1657 & May 1659, 
was now read, & he was told that these are gross miscarriages 
[210] by him comitted, that he should make || his house a 
house of drunkeness, & rise vp ag^ authority in threatening 
words, as he had done, & that he hereby shewed that he was 
a man fsdlen from God & fro the pfession w<=^ he hath formerly 
made, more then in an ordinary manner, and now to goe on 
to add sin to sin, it was an amazing thing to consider off, as if 
he were an atheist & without Gtod in the world, and that he 
carryes it as one given vp of God to satisfie his sensuall appe- 

812 RECORDS OF THE [1669 

tite^ & had thereby caused the name of Gk>d to be blasphemed^ 
and that it was high handed wickednes, that when he is found 
drunke & told that the meanes of his drunkenesse shall be 
taken away, that he should rise yp against authority, what can 
be said why he should not be put in a house of correction and 
have his meate & drinke sized out to him, & that he be kept 
with what he should earne with his owne hands & his relations 
have the comfort of the rest ; shall wickednes be suffered, & is 
there no balme in Oilead, (as we may say,) no meanes found 
out to p'^uent it. He was told that there is a remedy, & there 
will be a remedy, & that he must know that he shall not over- 
master to Oods dishonc^, and that the sword of justice shall 
not be suffered to lie still when such evills are comitted. He 
was asked what security he could put in for his better car- 
riage, to w^^ he answered, that he doubted he could give non. 
He was told that his owne word was of little vallew & not to 
be rested on. W™ East was wished to be wise for this world, 
& told that y® sun had shined vpon him to a great estate, but 
he hath proued an ill steward, & now God is reckoning with 
him & it was feared that God would bring him to the dust 
againe in refferrence to the things of this life ; he was told 
that it is an amazing thing that heijs not a terror to himself, 
that he should doe thus wickedly in a land of vprightnes, & 
not behold the magesty of y® Lord. 

The Court further declared that ti\ej were both sorry and 
ashamed that he was againe brought to the court for such 
delinquency, he was minded that he had beene fined at Mil- 
ford w*^ a sm0.11er fine, but y* would not reforme him, after- 
wards he was called to the court of magistrates, & fined w^^ a 
greater fine, but y* reformed not, after that he was stocked, 
neither did that reclaime him, but he still goeth on to abuse 
himself in a swinish manner, so that is a exercise to the court 
what to doe with him & what course to take to reclaime him. 
He was told that it hath been intimated, w^^ assuredly the 
court will doe & he was bid to expect it, that if he be not 
reformed, the court must lay him in prison & keepe him to 
prison diett, to p^^uent these sinfull excesses. 

The sentence was that the 50 >> bond for his appearance in 


May last is forfeited, & may be called for when the court sees 
cause, & seeing that fines & stocking reclaimes him not from 
his drunkeness, if hereafter he be found drunke againe, that 
[211] he shall be corporally || punished by wliipping at Mil- 
ford, & bound ouer to the next court of magistrates following ; 
& seeing he abuses himself in his owne house, it was therefore 
ordered, that he shall not have liberty to keep wines or liquors 
in his house save only what shall be for their comfort, w*'** he 
shall see cause to desire & the magistrate shall see cause to 
license him to have ; & this is the triall the court would make 
of William East at this time, who was bid to remember & 
beare it vpon his heart, he goes vnder the divell as his keeper 
in the state he stands in. 

Information beinge given by M'. Bishopp, in the p'^sence of 
two of the brethren, of the vncomfortable & vnsettled state of 
y* affaires of the church & towne of Stamford, the court saw 
cause to advise & order, that within 20 dayes after their 
returne home, some effcctuall course may be taken among 
themselues for settlement of things there to mutuall satisfac- 
tion, concerning w<^*» issue they expect to be certified vnder 
their hands mutually, within the time before p'^fixed, that so 
if need require, two of the magistrates & two of the elders may 
be desired, & sent, before whiter, to afford help therein, if the 
season proue sutable, if not, then in the first oppertunity in 
the spring. 

Sigismund Richalls (at his desire) had liberty till the spring 
to pay the fine of lO^* dew fro him, (as security for John 
Heardma,) who is to make his appearance at the court of 
magistrates in May next, to give answere to what further shall 
be said to him concerning the said matter. 

John Corey, Jo. Swasey, Tho: Moore junior, M^. Jo: Booth, 
Joseph Youngues senior, Tho: Ridar, Edward Petty, are to 
give their answere in May next, before this court, why they 
have not attended y® courts order concerning them in May 

Sargeant Baldwin haveing desired to speake concerning 
what past in court in May last, declared, that it was knowne 
y« hand of God was vpon him by sicknes at that time, so that 


814 RECORDS OF THE [1659 

he could not attend the court; he now acknowledged fhe 
breach of the eighth comandem^ in that matter concerning the 
mare then in question, w^^ he pfessed his sorrow for, w*^ 
desire that God would help him for the time to come y* he 
might not fall into y^ like offence ; he also vnderstood that the 
court had sentenced him to pay for a colt w®*» issued fr6 the 
mare, w®*» colt (he said) he neuer saw, but it was taken away 
by y« hand of God, & no mans hand in it for ought he knew ; 
he desired the court would be pleased to take it into consid- 
eration, & for the fine of 5'», y* the court would please to remitt 
it ; he confessed he was not so considerate in that matter as he 
should ; and for y* y* was then presented as offensive, concern- 
ing his selling of liquours, he pfessed that it was a greife to 
him y^ God should be dishonoured in his house ; but w*^all, 
he said, first that what was then reported, concerning the 
quantity of liquours, was not true, but thus it was, y* by 
[212] eleaven men, or thereabouts, || there was drunk 6 
pintes of liquours, w*^*» was paid for by foure of the company ; 
he desired that God would help him while hee continues in 
that imployment to be more wachfiill. 

To who the courts answere was, that in refferrence to y« 
strong liqours, were it not testified that he was sick, it would 
be a great offence, & such as would render him vnfitt to keepe 
the ordinary, but it seemes it fell out by his wife, who, it may 
be, was not so fitt to gouerne, though the thing was very scan- 
dalous & dishoncable to religeon, yet it falling out by y* 
meanes, they should not further proceed in that matter, so it 
may be a warning to him, & they would leave it as a warning 
vpon him for y« time to come, y^ he be more carefull herein ; 
& for the fine of 5'', they suspend the takeing of it vntill fur- 
ther order. As for that w«^ is alleadged concerning the colt, 
it may be considered before plain teifs; w^h was afterward 
debated before the court, both by pi» & defendt, but the court 
saw no cause to alter the former sentence. 

Ensigne Bryan declared against M^ Tho: Mathewes for a 
debt of ll^s 6«, 8^, part of w^^ debt arose vpon the account of 
excise or custom of wines or liquors bought of M^ Palmes. 
After sundry allegations, answers & replies, both by plaint' & 


defendant, Ensign Bryan declared that they had spoken 
together and had agreed to good satisfaction. 

Ensigne Bryan haveing attached the vessell of John Tomp- 
Bon, he now desired that the boate might be encluded, but 
before the plaint' had declared, John Cowper informed that 
be vnderstands that the said vessell stood engaged to M^*. 
Sheafe of Boston for a debt, & vpon non payment by the last 
of September past, the vessell to be forfeited, but Jo Tompson 
comeing away the 29^*» of September, the forfeiture could not 
be taken, & y^ Joseph Alsupp had order from M". Sheafe 
about it; w<=*» being spoken, the plainteife proceeded, & in an 
action of the case declared, that sometimes since, John Tomp- 
son desired him to help him to a vessell, he told him that there 
was a vessell at Pairfeild w*^*> was prised at 60i», w<^h was very 
deare, but he desireing it, he directed him to M'. Pell to buy 
the vessell, vpon condition to make paym' to himself, w^h ves- 
sell was bought, what the conditions were he desired John 
Tompson to relate ; wherevpon John Tompson declared that 
he bought the vessell at 60^', & the vessell was in speech for 
security, & y^ sundry things* were propounded but not drawne 
vp in writeing ; he was asked if *it was agreed that the vessell 
should be security, he answered that there was nothing written ; 
it was asked if it was promised, he said he could not speake to 
[213] it, but II his purpose was to attend Ensigne Bryans 
propositions, & there was no turne in it differing. Ensigne 
Bryan pleaded if there be a agreement owned, though the 
writeing were not drawne vp, he sees not but it should stand. 
The court told him that all that they heard of was that he 
intended to doe such a thing, but he went away and did it 
not. John Tompson owned the debt of 60'> was due from him 
to Ensigne Bryan, & that what ppositions were made to him 
by Ensigne Bryan he was willing to attend to, but granted 
that the vessell was engaged to M"^*. Sheafe, and withall said 
(but proued it not) y* he had M". Sheafes consent to come 
away, who had given him liberty for paym' till the spring. 

Ensigne Bryan said that he conceived the vessell was his, 
being the conditions are not fulfilled, & desired that he might 
else be satisfied out of the vessell one way or other. 

816 RECORDS OF THE [1659 

The Court told him they would condemne the vessell, but it 
must be with caution that he should be responsible to such as 
should proue a better claime. It was therevpon propounded 
y* the matter might be respitted vntill Joseph Alsupp come in, 
that it may be knowne what orders he hath from M". Sheafe, 
that justice may be done in the case; in the meane time that 
the attachment vpon the vessell to remaine, w^^ was the 
p'^sent issue & determination of the court. But Jo. Tompson 
was told that his actions are naught and dishonest, that he 
would engage the vessell to M". Sheafe, he knowing how he 
stood engaged to Ensigne Bryan concerning her. 

Joseph Alsupp J plainteife^ ) The plaint', in behalf of M'«. 

Jo. Tompson, defendant, J Sheafe of Bost5, declared agains* 
the defendant in an action of debt, to the valew of 120^», vpon 
forfeiture of a bond for the payment of 60^', w*'** bond, w*** 
the letter of attorney authorising the pi to psecute in the case, 
being both read were approued. 

The defendt acknowledge y® debt of 60^', (12^' or thereabout 
ariseing as he said vpon the account of interest,) but withall 
said that he had further time given by M". Sheafe for paym% 
who knew of his comeing away, onely.she desired the debt might 
be acknowledged before M^. Bellingham 2 or 3 dayes before 
he came thence, but it was found to be about 16 dayes. The 
plainteife replied that he knowes nothing of the dispensation 
spoken oflT, but she desired that the bond might be prosecuted. 
John Tompson was asked why the vessell w^*> stands as secu- 
rity to M". Sheafe should not be delivered vnto her agent vpon 
the forfeiture of the bond, to w^^ he answered that he had no 
more to say, but withall affirmed that what he had said, of 
[214] Mr». Sheafes giveing further || time, was true, but he 
had nothing vnder her hand to shew, and so must leave it to 
the court. 

Ensigne Bryan desired that it might be considered whether 
the vessell be not his, who pleaded that John Tompson had 
that vessell of M^ Pell by his order, & that he had desired M^. 
Pell to engage the vessell for security till paym^ should be 
made, & that M^. Pell had made him debtor for the vessell, 


To w^^ Joseph AIsupp answered, that the vessell was sould 
to Jo. Tompson, who he supposes had a bill of sale, w^^ now 
cUd so appeare, for a firme bill of sale from M^ Pell & John 
Wheeler, (administrators to the estate Tho: Deman, (whereof 
this vessell was a part,) dated 27 Nouember, 1658, witnessed 
by Robert Turner & Nathaneel Seely,) to John Tompson, but 
Ensigne Bryan said he neuer knew of it. 

The Court told Ensigne Bryan that it doth appeare by the 
bill of sale that the vessell is by M''. Pell & John Wheeler sould 
to John Tompson, & it doth not appeare that the vessell was 
by John Tompson actually engaged to him for security ; it is 
neither affirmed by John Tompson, nor proued by any wit- 
nesses, onely they had such treatyes, but the thing was not 
done, & so the vessell remaines to John Tompson, who hath 
dealt dishonestly to engage it to M". Sheafe, knowing that he 
stood so engaged to him as he did. 

The case being heard, the court by way of sentence declared 
that they looke vpon the obligation as firme for 120^ », but they 
would not be for extremities, but for furtherance of righteous- 
ness ; they have heard & considered the plea of Ensigne Bryan, 
but see not his right to the vessell, but doe order that the ves- 
sell being duely prised by M^ Rudderford & Tho: Morris, 
(vnto whom Jo Tompson hath liberty to add a third man,) in 
reflferrence to such pay as is exprest in the bond, shall be 
delivered to Joseph AIsupp for the vse of M". Sheafe; if it 
shall be prised at more then 60^^, it shall be returned to John 
Tompson, but what it falls short of 60i» shall be made vp out 
of his estate, who is to pay the charges of apprising & fees of 

John Tompson being by the former sentence disabled to 
pceed in his voyage intended for Virgenia, a motion was made 
by John Biley, in behalf of Captaine Clarke of Boston, that Jo 
Tompson might be enioyned to deliuer back for the vse of the 
said captaine, a pcell of wines he had put into his hand, or 
give security for the same, w^^ being propounded to Jo. Tomp- 
son, he chose rather to deliuer them, w^^^ was so ordred by y« 
[215] II A letter fro M'. Blinkensopp of London to the gou- 

818 BEOOBM OF THB [1069 

emo^ was read, who therein desired his assistance for the 
recouering a debt of 12*>, 10«, of John Oreene for goods deliv- 
ered to him, with half y« proflfitt or advance vpon them. The 
gouerno'^ informed that John Oreene acknowledged himself 
debtor to M*". Blinkehsopp the some of 15'», tenn poimds of 
w«*» 15, he promised to pay this yeare in porke, the other 5^* 
the next yeare ; w^** 10^> the jurisdiction treasurer was ordered 
to receive in trust, who was desired to vse meanes to convert 
it into beauo% that it may be ready to be sent for England, or 
otherwise to be disposed of as M''. Blinkensopp shall order. 

Samuel Plum of Branford appeared, to who the gouernor 
declared that he had received a letter fr6 M*^. Bawson of Bos- 
ton concerning him & his boy Edward House, who therein 
complaines of wrong done to Edward House, being held in 
service beyond y« time exprest in his indenture. A ooppy of 
a indenture was by Edward House pi^sented & read, whereby it 
appeared, that w^*> the consent of his father Edward House, 
he was bound vnto John Strang of Boston, fr6 the 19^^ of 
Aprill, 1652, forward for 7 yeares. Another indenture by 
Sam. Plum was p'^sented, by w^h it appeared that the said 
Edward House bound himself to one JeflFs for 9 yeares fro the 
first of May, 1653, w^** was assigned to Francis Browne, & frS 
Francis Browne to Sam: Plum. Edward House was asked 
how this came to pass, that he set his hand to such an inden- 
ture ; to w<^*> he answered that he was forced to it in the shipp, 
being threatened to be throwne ouer board if he would not 
yeeld to it, & he also told him if he would doe it he should go 
to sea & see his freinds once a yeare, & y* JeflFs gave him 
liqueurs so that he was not himself, & thereby drew him to 
sett his hand to it, & that this was done when he was about 
12 or 13 yeare old. 

The Court declared that Edward House, being then but 
about 12 or IS^yeares of age, he was not capeable of makeing 
an indenture, w^^ (by his relation) he was also forced to, and 
he having parents in England, it cannot be thought raitionall 
y* he should be left to himself to dispose of himself, nor can 
it be judged a valid act. It was demanded of Samuell Plum 
what he had to say why he should hold the boy beyond the 


tiine ezprest in the first indenture, to w^^ he answered that he 
bought him of Francis Browne, in his p'sence, for the time 
remaining of the indenture dated the first of May, 1653, 
against w^^ he then objected not, w^^ indenture is made ouer 
to him fro Francis Browne, but was told that that is invalid, 
being the boyes act, w^^out consent of either his parents or 
authority; if Francis Browne have done y^ w^h is not right, 
he may have justice against him, but the boy must not suffer 
by it. The ca^ being heard, the gouerno'^, in the name of 
{216] the II court, declared that they saw not ground why 
Sam: Plum should hold the boy any longer, but doe judg 
that his time expired in Aprill last, & that the indenture 
bindeing to Jeffs is invalid, being w^^out consent of either 
parents or guardian, but is rep^sented as a thing forced, w^^^, 
if the man were p^sent & the thing proued, would be witnessed 
against. It further appearing that, by the coppy of the 
indenture p^sented, his time of service ended in Aprill last, 
since which time Sam: Plum hath had the benifitt of him, 
that therefore by the first opportunity, at his charge, he be 
sent to M'. Bawson to be conveyed to liis father, being first 
furnished with double cloathing, according to y® custom of 
flie country. 

Robert Vsher^pla%7U\ ) The plaint, entred an action of the 
Geo: Slawsotif defendt. ) caseinthebehalf of Edward Jessupp, 
& declared concerning a horse taken vp & detained by the de- 
fendt, k that after y^ said horse had been demanded of him 
by Jessupps order (dated the third of March 1658, witnessed 
by Richard Horton,) to the plaint, to demande this horse, 
w«*» was read ; vnto w<^*» y* defend^ answered, that this horse 
w«*» the plaint, sues for, he tooke vp as a stray, about May 
was twelue moneth, the horse came into 3 acres of his pease 
and eate one acre to the ground, he endeavoured to drive him 
out but he would still retume to that place againe, y« mor- 
row he got three of his neighbours with their horses to fetch 
him to y^ pound, & at last they got him into his barne, where 
he looked for his markes, but found no artificiall marke vpon 
him; now he not knowing where to require poundage & 
damage, he went to Joseph Meade & desired him (he being 

820 BECOKDS OF THB [1969 

one that vas mach imployed in looking Tp horses) to ioforme 
him whose j* horee vas, he ansirered, it is Grabbs colt, he 
asked him if he were Bure, lie answered he could not tell 
whose else it should bee, wherevpon he told Crabb that he 
had taken vp such a colt, vpon w^i" he & Joseph Mead came, 
A haveing looked vpon him, Crabb said, he thought it was 
non of his, he thought his were all marked, Joseph Meade 
wondered that he would not owne him, & j' was the present 
issue at that time ; after tliis, he cry ed him at a towne meet- 
ing twice, & againe vpon a training day, at w"''" time the 
plaint' said it was Jessupps horse, but he knew him not, nor 
shewed any order frA Jessupp, nor produced anj proofe that 
it was his, therefore he tooke little notice of what he said, 
but he kept y* lioree vp 32 dayes, hopeing the owner might 
appeare ; the generall court drawing neare, he desired y* 
deputies to propound it to y" court, & they brought him word 
that he should set | vpon him, but y* plaint' all this while 
said nothing ; after this he kept him & teddered him, but 
seeing no issue he turned him into tlie woods where he now 
is. But of late the plaint layes a fresh claime to liim & went 
to Leiftenn' Bell & desired that the horse might be deliuered 
to him, w^*" Leifteun^ Bell certified vnder his hand, to w"*" he 
replied y* ho expected y* first he should proue the horse to 
be his ; now in September last, v*' was a yeare & half after, 
[21 Tj the plaint brought Joseph Meade || and a little youth 
to make proofe of it, y validity of whose testimony he ques- 
tions ; but being willing to peace, he told the plaint that if 
he would pay y damage & chains, (w^"" he would refer to 
two men to judg of,) he would deliver tlie horse ; and to 
prove it, p'sented the testimony of Daniel Scofeild, who 

That Geo: Slawson did offer Robert Vsher the stray horse 
incase he could finde him, vpon this condition, that he would 
pay him (the said Gieorg) all iust charges & damages that 
legally he could make appeare ; and also the said George did 
teS the said Bobt Vsher that he would willingly put the case 
vnto two indifferent men, the one being chosen by one, the 
other by the other, then the said George Slawson offered the 


Stud Bobt that any damage that was dooe to him coQceming 
the horse he was also willing to put to arbitratloB. 
Vpon oath taken before mee, 

Francis Bell. Octob. 12, 1659: 

To w<='' the yi now said, that he was willing to put it to foure 
men, w<>> he should proue, & to that end p'sented the testi- 
mony of Richard Hardy, who saith, 

That Robert Vsher & Geo: Slawson haveing debate about 
the stray horse, the said Geo: Slawson would put it to reffer- 
ence, but would agree to have but one man apeice, the said 
Bobt would have two men apeice, but the other would not 
agree to that ; then I said to the said Slawson, you have in 
your brest the man you intend to have, & be said, it may be 
be had, & I did ap<^hend that foure men is little enough to 
end the busines, also that Robt Vslier did offer him that if 
he would deliver the horse to the said Robt, be would put in 
secari^ to beare the said Geo: harmles if any other man 
should lay claime to him. 

Taken vpon oath before mee, Francis Bell. 
The IS"" October 1659. 

JoBepb Meade now in court said, as touching the first part 
of the defendants declaration, that he came to gaine informa- 
tion it is true, & he said to him this horse I cannot say whose 
it is, but he thought it was Crabbs or Jessupps, for both Crabb 
& Jessupp had such a horse, both for couler & naturall marks, 
but he knew not how to distinguish them vnles the markes 
were searched, but when they had searched the liorse & found 
no artiticiall marke, he then told the defendt tliat he might 
judg that it was not Crabba because it was not marked, but 
he tooke it to be Jessupps, & besides his owne knowledg he 
enquired of another, who told him that Jessupps horse lay on 
such a neck, v^^ did the more confirme him in it that this 
horse is Jessups. 

But the defendant replied that Joseph Meade left it darke 
whose the horse was, & spake of Crabb as the owner, & to 
proue it he p'sented the testimony of Francis Browne who 

I being at Goodma Slawsons bame, I seeing Joseph Meade 
A goodman Crabb lookeiug vpon a horse w'=>> goodman Slaw- 
son tooke vp for a stray, I heard Joseph Mead say that the 
horse was goodman Crabbs, but goodma Crabb would not 

822 BGOOBDS OP TEB [1669 

own him, & Joseph Head aeemod to be troubled that h6 

vould not ovne him. This is to tiie best of mj rememhmice. 

This takeD vpon oath before mee, 

Francis BeU. Octob. 17. 1669. 

Rich. Laves now in coort testified that he was p'sent at y* 
same time, &, Joseph Mead did withont doubt (as he tooke 
notice off) say it was Grabbs, but did not mention Jessupp as 
he remembers. 

[218] II Joseph Mead was asked how that w='' he related 
will stand w"i what is testified by Rich Iaw & Francis 
Browne, to -w'^ he answered that he did not busy himself to 
reconcile his relation & their testimony, for he could not grant 
what they sud ; lie was asked if be could proue that he men- 
tioned JesEupp, he answered y' he supposed the claime was 
grounded ou what he had said ; he acknowledged that part 
was testified truly by Kich. Lawe & Francis Browne, but 
another part is left out, but if their memory faile, he could 
not help it. 

To proue that this horse was demanded by the ^ of the 
defendt, he p'sented the testimony of Rich. Hardy, taken 
vpon oath Sept. O"" 1659, who saith, 

That Robt Vsher did demand the horse W" goodm: Slaw- 
son tooke vp for a stray, for goodman Jessupp, at the head of 
y" traine band, quickly after he was brought in queetiou, (as 
he takes it,) before the horse had any stray brand girea him, 
this demand was made iu y" yeare 1658, a little after the 
spring, and likewise WiH Oliver doth testify the same. 
Taken vpon oath before mee, 

Francis Bell. Sept. 9, (59.) 

For to prove the horse to be his, the pi p'sented y« testimony 
of Jonathan Lockwood & Josua Knapp. 

This is that my thoughts are, concerning the horse that 
goodman Slawson have taken vp for a stray, I do really thinke 
that it was one of goodman Jessupps horses because it is bo 
like his breed. 

By mee, Josua Knapp. 
Taken vpon oath, Octob. 17, (59.) 

before mee, Francis Bell. 

Concerning that w<=i> Jonathan Lockwood can say concern- 
ing f horse that goodman Slawson hath taken vp for a stray 

1859] JUBiSDicnoN of nbw haven. 828 

is thus muah, be doth verily beleeue it was one of Edward 
Jessupps horses, because be is so like his breed. 

By mee, Jonathan Lockwood. 
Taken vpon oath Octob' 17. 59. 
before mee, Francis Bell. 

The defendt replied that the last winter his sonne brought 
home a horse very like this in question, but they lookeing fur- 
ther on him found him to be marked w**" Crabbs marke, 
therefore he judges the testimonyes last read to be weake. 

To w«^ the pi answered that this proves the trueth of that 
w^^ Joseph Mead had said, that Crabb had such a one. 

October 10^^^ 69. 

The deposition of John Bates vpon oath, he saith that he 
rideing out into the woods w'*» Joseph Mead to looke vp 
horses, about the begining of June last, & came vp to a 
comipany of horses, in w*=^ company there was a young horse 
of Goodman Crabbs, w^^ I judg was about three yeares of 
age then, and Joseph Meade desired mee to observe & looke 
well vpon the horse to see what differrence I could finde or 
make oetween y^ horse of goodman Crabbs & the horse taken 
vp by goodman Slawson, w^^ he called the stray, & I did veiw 
the horse dilligently & could not make any difference, either 
couler or naturall markes, and in coutenance & bignes, seemed 
as if it were the stray, only this differrence, that goodman 
Crabbs horse was in better plight. 

Taken before mee, Francis Bell. 

The defendt p'sented y« testimonies following, to proue that 

Jessupps mare had no colt. 

The testimony of Jonathan Reynolds of Greenwich, Oc- 
tob. 11, 69. 

Jonath. Rennals aflSrms vpon oath, that the mare w^^ was 
[219] in II differrence betwixt goodman Jessupp & goodman 
Crabb, when shee was in goodman Crabbs yard, to the best of 
his remembrance there was no colt with her when he first 
tooke her vp & put a halter on her. 

Taken before mee, Francis Bell. 

W«. Hubberd his testimony vpon oath, the 11**> October 

The said deponent testifyeth that the mare w^^ was in dif- 
ference betwixt goodman Jessop & goodman Crabb, I, the said 
William Hubberd, did fetch her out of the feild w^t Abaliam 
Frost so soone as we did heare shee was come out of the 
woods, wc*» was in the winter before there was a triall about 

824 BEdOBDS OF THE [1659 

her at New Haven, & there came vp three or foare jades w^^ 
her &; there was no coult in the company. Moreover I en- 
quired, but could neuer heare of any, for I should have had 
half the coult, (if it could have beene found,) for the lookeing 
of it vp. 

Taken before mee, Francis Bell. 

The testunony of Abraham Frost, this lO^** of Octob' 1669, 
vpo oath. 

This is it, that I & W^ Hubberd fetcht vp the mare y* was 
in difference betwixt Richard Crabb & Edward Jessupp, the 
winter before it was tryed at Newhaven, & then the said mare 
had no coult with her & y^ time was the first time that I had 
scene her or y* any body else had scene her y' yeare as I 
knew off. Taken before mee. Franc Bell 

Also a cirtificate subscribed by Jonath. Bennalls & W™ 

Hubberd was p''sented & read, & is as followeth. 

These certify the honored court y^ it being reported that 
wee Jonathan Renualls & W"» Hubberd, did tell Joseph Mead 
or Robert Vsher that we did see a coult come vp with the 
mare at y' time as is specified in C oathes, we heare afl&rme 
y* we did not see any, neither did we so say to any. Witness 
o*" hands, Octob: 11, 1659. 

Richard Lawes in court declared that when the mare was 
brought vp first, Crabb sent to them for their advice, shee 
haveing beene in controversy, vpon w^^ Francis Bell & hee 
went in winter to see the mare, at w^^ time she was very 
fatt, but no appearance of any coult. 

Joseph Mead said that he was appointed to looke after Jes- 
supps mares, accordingly he did ; this mare he knew of her 
first coult, w^h was two yearcs elder then this, the next yeare y** 
mare had no colt, the yeare after y^ (to appearance) the mare 
was forward w^^ fole, but before he saw it, W«> Hubberd was 
imployed by Crabb to fetch vp the mare, who brought her vp 
& granted that she had a coult, w^^ he did and had reason to 
minde, being imployed by Jessupp, after this, he meeting with 
a company of horses w*^ w^^ there being a brown coult w^*" 
a small starr, without a dam, he brought it ^ & bid Robt 
Vsher observe it, telling him y* I thought it was the coult of 
that mare, & y* vpon Hubberds words, as also because the 
mare had no the yeare before. This was y« winter before the 
aforesd triall. 


1659] jiTBisDicnoN of NStir hayen. 826 

The testimony of Angell Busted, Octob^ 18, 1659, was 
pi^sented, who saith that the mare j^ was in diiferrence betwixt 
goodman Grabb & Edward Jessupp, that after a day or two 
that she was brought yp the winter before the triall of her at 
Newhaven, that he saw no coult w'*> the mare, nor neuer 
heard of any. Witness my hand. 

Angell A : H : Husted. 
his marke. 

I John Hobby testify that I being p^sent when goodmi 
Grabb tooke vp the mare w^^ goodman Jessupp laid claime to, 
[220] there being || some of the neighbours by^ we began to 
enquire one of another where her coult was, for we saw no 
colt in the company that she was with, wherevpon we judged 
among o'selues that she had no coult that yeare or els had 
lost it. John Hobby. 

Daniell Simkins saith that the mare that was in controuersy 
betweene goodman Crabb & goodman Jessupp, w^^ vpon triall 
fell to be goodman Jessupps, when goodman Crabb tooke her 
vp shee had a colt with her w^^ followed her, w^t Daniell 
Symkins look^ at to be that mares colt, & it was a darkish 
browne w**» a little starr in the forehe^ad, & when the mare 
was taken vp, the colt neighed, & being parted fro her by 
reason of the fence, the colt went away with the other horses, 
and as they went away y® mare neighed, & to appearance 
shewed herself discontented after the colt was gone. 

Y« marke of Daniell 1 Simkins. 

' M'. Richard Mills doth testify that the mother of Daniell 
Simkins doth affirme that her sonne is vpwards of 15 yeares 
of age, also the said Daniell did affirme to M^ Mills that what 
he had testified was the trueth concerning yc coult, also the 
father & mother of the said Daniel doc affirme that they have 
found him carefuU in speakeing trueth, the same doth M*". 
Mills affirme of him, being his schoUer. 

This testimony taken before mee, Mathew Gilbert. 

The defend' declared that the charges & trouble about this 
horse doth amount to 50% & the plaint' desired that the worke 
done by the horse might be considered & deducted, & p''sented 
the testimony of Isaac Finch, w^^ was read, & is as followeth, 

& he saith that he saw John Slawson two or three seuerall 
times ride to & againe after y© cowheard vpon the horse called 
the stray, also he lett Tho. Closse have him in y« woods to 
looke after horses. Given in vpon oath, Octob^ 16, 59. 

Before mee Francis Bell. 

• .-H 

826 RHOOBDB OF THB [1669 

Robt. Penojre vpon oath testifieth, that he mett with Tho 
Glosse rideing on the stray horse, & came then out of the 
woods fro lookeing of horses, & he mett with him at y« corner 
of goodman Weeds fence, & he came oflF frO the horse backe 
& y« horse reeled (as hee app^hended, being tired, & at the 
same time John Slawson gatt 6 his backe, & as he got vp y* 
horse reeled as before. 

Octob. 17, 59. Before mee Francis Bell. 

The Court haveing heard tlie case largly pleaded, both by 
pi & defendt. & the testimonies given in either side, by way 
of sentence declared & ordered, that 40" being paid by y* 
plaint vnto the defendt, for charges expended & paines taken 
about the said horse, that the plaint, shall be possest of himi 
prouided that he put in security vnto Francis Bell y« constable 
of Stamford, to the vallew of the horse, to be responsible to 
any that shall proue a better title to him betwixt this & the 
middle of May, 1661, other charges exspended, either by 
plaint or defendt in the psecution of this business, is to be 
borne by themselues respectively. 

[221] II George Slawson complained concerning damage that 
is done in their corne by horses not belonging to the inhabit- 
ants of Stamford, & the owners not being p^sent, they know 
not where to require the damage. Joseph Meade answered 
that he knew no need of complaint, for he knowes of no great 
damage, & what damage is done is through defective fences, 
he further said that he had ppriety at Stamford, but if they 
intend M^ Michells horses, if the court order that they shal 
be remoued, he supposes it will be attended ; the court told 
him, if the towne of Stamford be vnsatisfied, such horses as 
belong not to the inhabitants, must be remoued. Joseph 
Mead was asked whether rates were paid to the jurisdiction 
for those horses, to w^^ he answered that it was not required, 
wherevpon the court declared, that it was iust y* what rates 
are behinde for such horses should be paid, else y« jurisdicon 
is wronged, w^^ those intrusted at Stamford ought to looke 
after. Joseph Mead did now engage to answere any iust 
charges which by damage or otherwise should arise vpon the 
horses or mares belonging either to himself, M^. Mitchell or 
Edward Jessupp, while they continue at Stamford. 


The last fourth dajr of the veeke in Nouember next, wu 
sppointed for a publique tbankBgiTemg for the mercfes of ib.9 

At a. Coubt of Maoktbates held at Newhatbn Febb. 15, 

Bichftrd BaTinond, of Salem within y colon; of the Massa* 
ohiuetts, entred an action of molestation against Captaine 
John Penny, & declared concerning a vessell, (called the 
Black Eagle,) and goods, seized by the said captaine on the 
7t>> of December last, but the said captaine appeared not, but 
instead thereof by his doctor sent a letter, dated February the 
H"!, to excuse his nonappearance, w*' was read £ is as fol- 
Honnered S". 

Be pleased to take notice that I am not in a capacity to 
attend your hono'ble court of magistrates, by reason of my 
veaknes, & your honners may be pleased to examine the 
bearer hereof concerning my strength at p'sent, who will give 
you satisfaction of my condition. S" if you will com aboard, 
I shall give your houner satisfaction concerning my comisBion, 
we*" I suppose will give content to this hon'ble court. S', 
were I but able to attend the court, you should finde mee w"> 
my witnesses to let M'. Raymond know that is not hee or his 
speeches sh^ carry that vessoll from mec, w^^ is a lawfuU 
prize; which I shall make appeare. He liath beene pleased 
to put forth words that he hath an execution granted by your 
hon' agsjnst my body & goods, w"*" I must confesse doth 
trouble mee, in the respect of his vnfidelityes. S', 1 have no 
further to trouble your bon'* at p'sent, but rest your freind to 
serve you. John Penny. 

His doctor affirmed that he was not able to attend y* court, 
withall adding that further he had not to say, wherevpon, the 
[222] II season being cold, the court remoued t« a private 
house to consider of this matter, & in answere to the captains 
be, returned In writeing by the marshal! as foUoweth, 
Oaptaine Penny, 

We being mett, as the court of magistntes for this colony, 

828 RECORDS OF THB [1050 

to attend M^ Raymonds complaint against yourself for take- 
ing fro him, as he saith, his vessell & goods vniustly, to his 
great damage & molestation, did expect your appearing by 
yourself or attorney, to have answered his pleas in y« case 
depending, but instead of attending vs or the matter, psonally 
or by attorney, w^h doubtles you were not disenabled to have 
done, nor needed to have feared any disadvantage, to yo*" 
cause by o' ouer hasty proceedings to an issue, for in case your 
first instructions had not sufficiently furnished yo*^ agent, to 
answere or proue what might appeare needfull for cleareing 
any matter brought into question, we should have given con- 
venient time to repaire to your self for further information, & 
yet shall soe doe, out of respect vnto yc^self & vnto peace w**» 
righteousnes. We are sorry you should receive such an irrar 
tionall & euill report concerning our granting execution before 
triall, w^^ is most false, and w^^ M'. Raymond denyed in 
court, as also that you should expect vs to leave o' vsuall 
place, to goe & attend this case 6 'board yo^ shipp, & so lay 
downe o"* authority to attend yo", for y® pofe or evidence of 
yo^ acting legally, whereas you needed not to feare the doeing 
of it here to be any hazard of y« losse of your comission, nor 
shall it so be now, for we assure you y' no lawfull comission 
shalbe taken fro you, but returned w'*^ safety. In w<^*» if you 
psist still, refuseing to attend one way or other, to give an 
account of your action before vs in court at C vsuall place o 
shore, where we have alwayes attended both matters respecting 
land & sea, betwixt pty & pty resideing in o^ jurisdiction, & 
that w*^ good likeing & approbation to the comonwealth of 
England, who have by comittee of Parliam* encouraged vs 
therein, we shall then looke vpon your caryage herein as slight- 
ing C authority, and not sutable to a peaceable accomodation, 
nor speake for iustice of your action w*^ M^ Raymond. 
Wherefore let vs have such answere herein speedily from you 
by this bearer, y^ we may so pceed in the businesse, as that we 
may have cause to remaine yo^ freinds. 

By order of the Court of Magistrates. 

^ Will. Gibbard, Secret. 
This 16t»» of Febr. 1669. 


A second letter was received fro the captaine Pebr. 16, w®** 

is as followeth, 


• Yo'» I have received, wherein I vnderstand that you are 
displeased because I had not gotten a attorney to have answered 
the court, but I being a stranger in these parts, knew no man 
y* could pforme y* business, for mee, neither have I any man in 
my shipp to doe it, the bearer hereof you may be pleased to 
examine y« witnesses w®*> he shall mention vnto yc hon", 
1223] whereby you may || see M'. Raymonds indirect dealings, 
% as you are pleased to thinke that I doe not act as I formerly 
seemed to be, I know not the reason why such thoughts should 
be of mee. And as you are pleased to write that you are not 
to goe fro the vsuall place where you keepe court, it is not any 
desire of mine that you should doe spe, but no comander doth 
carry any power on shore except it be in an admirall court, fr(J 
whence he hath his power. And for any action w**» M^ Ray- 
mond, I questio not any damage can come to mee in any 
admirall court. S'^, I desire you to veiw the act past in the 
yeare (52,) wherein wee vnderstand that noe Duch man ought 
to trade in harbour, creeke or coue of America, but is a law- 
full prize. Gentlemen, I am not in a capacity to enlarge at 
p'sent, but rest, Yc Servant, John Penny. 

Pebr. 16, (59.) 

To w<^h this following answere was returned. 
Captaine Penny, 

We have received yo"" letter dated Feb^ 16, (59,) w®** 
speakes nothing to the maine question w«h we desire to be 
satisfied in, viz: whether you will come to a triall or noe w^*> 
M^. Raymond here, by constituteing an attorney to appeare o 
yo*" behalfe, for yo^ doctor saith he hath no order, nor knowes 
any else so appoynted, wherefore, we not being willing to 
abide any longer delayes, doe require an imediate answere to 
this 0*^ writeing, by the bearer c marshall, whether you will 
attend an issue here or not; if here, then when, that vpon 
sufficient & standing security frO you, to abide the sentence, 
we may appoint another time within some few dayes, as may 
be convenient for the court to meet & you to attend; or 
whether you will put in such security to come to a triall in 
the court of Admiralty in England, & pforme according to 
their award w^*>in twelue moneths space, according to yC 



former proffers. Herevnto let ys have your plaine & full 
answere, y* we may spend no more time to wait vpon this 
matter in vaine, for if you will doe neither, we shalbe forced 
to pceed to such issue as God shall guide vs to, without you, 
as looking vpon o' gouerm^ slighted by you, & rest. 

This 16**» of ^ Yo", according to righteousnesse. 

Pebr. 1669. By order of the Court, 

^ Willm Oibbard, Secretary. 

A third letter frO the captaine was received, w^J* is as foU 

Yo'» I have received, wherein I vnderstand you are very 
much displeased because I cannot gett an attorney to doe my 
busines for mee, but, as I have formerly written vnto you, I 
can get no man to officiate the place, and as you have written 
to know whether I will give security to answere it in y« 
Admirall Court of England, w<^*» I shall doe, for it was my 
former promise, and therefore I shall not deny any such thing, 
but w^** this y^ M^ Raymond may put in security to psecute 
the action in London, & I shalbe free to doe according to yo*" 
[224] demand in this || pticuler. And if you are pleased to 
draw obligations, I am very willing to sigue to them, and I 
shall be willing to answere the complaint of M^ Raymond 
within one moneths time after my arivall at London. S", I 
thought good to give you this notice vnder my hand, in 
respect I was not in a condition to write when the marshall 
was aboard w'^ mee; so haveing not else at p'^sent, but 
remaine, Yc freind to serve you, 

Feb. 17th 1659. John Penny. 

This letter being read, it was demanded of the doctor, what 
the security was w^^ the captaine would give, to w^^ he 
answered that he would give his owne bond, prouided M'. 
Raymond put in security to psecute; but the security pro- 
pounded was neither satisfying to the plaint, nor court, who 
told ye doctor that they were but empty words, & y* it was 
sufficient & standing security y^ was expected. 

A fourth letter from y© captaine was received, w^h here 


Hon"*** S", 

I vnderstand that my former letter have given you noe 
satisfaction, and you demand that I should give security to 

1659] JUBisDionoN of nbw haven. 9fi 

answere the complaint of M^ Raymond in England^ then you 
may be pleased to rest some few dayes after I am well to come 
on shore, to gett those freinds that may stand bound for mee, 
wherein I shall endeavo^ As for my owne part, I doe con- 
ceive by my doctor that you doe object against mee, & I have 
given you no satisfaction as to yo' desire, w®** I must confesse 
I doe endeavo"^ to give as full satisfactio to this court as possibly 
lies in mee, I being in y® condition that I now am in. Gen- 
tlemen, I have no further to trouble you at p^^sent, but euer 
remaine y^ freind to serve you. John Peimy. 

Pebr. the 17^^ 1659. 

To this letter the court returned by the doctor, that if y« 
captaine at the p''sent would deliver the vessell & goods taken 
fr6 Mf. Raymond, as security to the authority here, it should 
satisfy vntill he had propoimded further security, such as 
might be sufficient in the case, both for his appearance & 
abiding the sentence y* shall be declared as the minde of the 
court in this matter, w^h were it done, y® court pmised to 
meet againe sometime about a fortnight hence, when he might 
be fitt to appeare psonally to make his defence against the 
plainteife ; vnto w«*» the captaine made no returne. By all 
w*^^ cariages of his, the court findeing that he did but trifle in 
this businesse, they drew vp a narative of their proceedings, with 
an order anexed therevnto, & againe returned to the meeting 
house, where the gouerno^ declared y^ the court was begun 
before, at w^h time y« plaint' appeared, but the defendt 
appeared not, since whicli time, what hath past betweene the 
court & Captaine Penny, by writeing or otherwise, was read 
& declared, w<^*» being done, the aforesaid narative & order 
was also read and published, w<=*» is as foUoweth, 

[225] II Whereas, sometime w^^in the moneth of Nouember 
last, there came into the harboure of Newhaven a shipp, called 
the Roebuck, vnder the comand of one Captaine John Penny, 
who, when & wliile his shipp there rode at anchor vnder o^ 
gouerm', sent forth a boat or small vessell, & therewithall 
seized or surprized a vessell & goods belonging to one Richard 
Raymond, a planter or inhabitant of Salem within the Massa- 
chusetts Colony, wc*» said vessell & goods they brought into 
this harbour, & here have taken out & disposed the same, 
without pi'senting any inventory to the authority here, con- 
cerning w*^^ action M'. Raymond came to the gouerno' A 




complaiued, as illegally & wrongfully done against liim, who 
therevpon sent forth his warrant to require Captaine Penny 
to deliver vp the said vessell & goods to custody of y« authority 
here, vntill a iust triall might be had of the case by a court of 
magistrates, according to the order of this colony in such cases 
prouided, for a right issue & lawfuU carrying of the businesse, 
both as it might respect M'. Raymond or the Comonwealth of 
England, whose interest by y« Act of Parliam^ in 1651, ought 
to be cared for by the next court of record where the prize is 
taken, vpon the ground of that Act. But the said captaine 
refuseing to obey that warrant, or to shew a comission or any 
other authority for his so acting, at the request of the said 
Raymond, a court of magistrates was called & the captaine 
againe sumoned to attend the heareing & issuing of the said 
matter, wheneas yet againe y« said captaine neither psonally 
nor by his attorney would appeare to answere the plainteife, 
nor yet vpon seuerall respectful! requireings in writeing, sent 
to him by y© marshall from the court then mett & waiting 
vpon the businesse, would the captaine be brought to any meet 
attendance at p'sent, nor to produce any comission, Act of 
Parliam^ &c., to warrant his so actmg, though it was prom- 
ised by ye court y* no such iust authority should be taken 
away, but returned with safety to him againe, nor to put in 
suflBcient & standing security for an after heareing & issue, 
when he might be more fitt for psonall attendance by recouery 
from some bodily illnes, w<^^ (as he saith) doth now disenable 
him therevnto, nor to put in such security as aforesaid, to 
answere it in the Court of Admiralty in England within 12 
moneths, as was tendred to him by the court, with consent of 
the plainteifc; but he psisted by meere words & dilatory 
expressions to put oflF y** businesse, as not mindeing to give 
account, either here or in England, & so slighting all authority 
here, & refuseing to be engaged as aforesd to any righteous 
issue, as may become honest & peaceable men to doe. 

Wherevpon, the court (considering the forementioned inju- 
rious & offensive carriages of the captaine, distructive to 
gouerm* & good order here, together w^^ some more then 
ordinary incivillityes pleaded against him by the said Ray- 
mond, as abuseing his sonne, detaining all his bookes of 
accounts & apparell in his chest, Ac, vntill this morning, as 
also an appearance of dishonorable & vnfaithfull demeano' 
against y® Comonwealth of England, in acteing like an vnwar- 
[226] rantable || plunderer, vnder the p^tence of their author- 
ity ; by all w^^ practises he here seemeth to discouer himself 
to be no freind to order, peace or riKhteousnesse, as becometb 
an honest christian man, or a loyaU & faithfuU English sub- 


ject, or minister of state, as he p'tends to be,) did therefore, 
(first in behalf of o^ owne gouerm* by him slighted, secondly 
in behalf of the Comonwealth of England '& y^ Act of Parlia- 
ment by him neglected, thirdly in, behalf of o' confederate 
neighboure, M'. Raymond, his right to a course of justice to 
be granted by vs,) order & enioyne, That all estate, goods or 
comodityes, within this jurisdiction, belonging to the said Cap- 
taine Penny, or any of his company y' have not disowned his 
acting in this businesse, shalbe forthwith seized & secured, to 
answere for these injurious & contemptuous miscarriages. 
And further, (y^ so he may not bee enabled by vs to pceed on 
in such mischeivous practises, distructive to gouerm^ peace & 
righteousnes, as well against England as o''selues,) we doe 
prohibit & forbid y^ no estate, goods, comodities, pvisions, or 
other accomodations of any kind, or belonging to any pson or 
psons whatsoeuer, shall be shipped 6 board any shipp or shipps, 
vessell or vessells, of greater or lesser quantity, within this 
jurisdicon, or any part or plantation therein, nor any horse or 
horses, mare or mares, or other cattell, thing or things, any 
other way to be conveyed or transported out of this colony or 
jurisdiction, but vpon sufficient & standing security first put 
in, to the authority of the place or plantation whence it is to 
be transported or conveyed, not to be paid, traded, shipped or 
supplied vnto the said captaine, shipp or company aforesaid, 
vpon the penalty of the forfeiture of double the valew of what 
shalbe so shipped, transported, laded, supplied or otherwise 
conveyed to y® said captaine, shipp or company, either medi- 
ately or imediately, directly or indirectly, so that by no 
meanes it may so be done at any time whatsoeuer while he or 
they shall remaine within 20 leagues of any part of the coast 
of New England, or vntill this court shall give further order 
herein, or the court of Newhaven, if they shall see cause to 
intermedle in it, for whose direction herein we declare, that 
this act aforesaid shall stand in force vntill that the captaine 
have put in sufficient & standhig security, to the vallew of 
600'», to come to a triall of his action with M^ Raymond, 
either here or in England, seasonably, & to pforme according 
to sentence in either court, & also have given this court satis- 
faction for any ofience given against their authority & gouer- 
ment, or if he refuse, then vntill as aftbresaid. 

By order of the Court of Magistrates, 
this 18th of Febr. 69, p W°> Gibbard, Secret'. 

Vpon which the court concluded, & ye aforesd M'. Raymond 
sd that he desired to be thankfuU to y« court for their care & 
faithfulnesse in this businesse. 


ijM BBOOBDB OF T&B [1669 


[227] At a Court op Magistrates hisld at Newhaven y« 

LAST op Febr. 1659. 

The Court being mett to consider of the businesse depend- 
ing betwixt M^ Richard Raymond, plainteife, & Captaine 
John Penny, defendant, (who both made their appearance,) 
the gouerno*^ declared that y« court was now ready to attend 
the businesse, but it would bee acceptable to them, could 
they come to some meet agreem* betwixt themselves. The 
captaine desired (being forced, as he said) y^ it might proceed 
to triall heare, or he would answere it in England. M' . Ray- 
mond declared that he had suffered much damage by y* 
captains act, neuerthelesse he was willing to agree w^^ the 
captaine, but if not, he was ready to attend the issue here, 
but declared if the sentence past against him, he intended to 
appeale. Y« gouerno'^ declared that he observed that the cap- 
taine said that he was willing to have it tried in England, he 
was told y^ it would be no offence to the court if they did so 
agree. M^ Raymond said if the captaine would deposit the 
vessell & goods in the hands of the court, & engage as secu- 
rity the 8'*» pt of the shipp, with his owne bond, as he lately 
tendered^ he would accept it & it should be tryed in England ; 
but y' y^ captaine now refused, & withall declared that he 
had often proffered M^ Raymond his owne bond to answere it 
in England, & that he 'should have his passage thither in his 
shipp, w^** he was still willing to doe, but to leave y« vessell 
& goods here, where his businesse was not, would be very 
p'judiciall to him. M^ Raymond & the captaine thus differ- 
ing, the action proceeded, & the plainteife declared. 

That he was forced by his imploym' to have to doe w**> a 
Ducb vessell, being he could not get an English vessell to doe 
his businesse ; being at Stamford, he hired a Duch vessell, 
whereof himself was to goe master, after w^h at the Manna- 
toes heareing that Captaine Penny was here to take Duch-men, 
he was thinkemg how to secure' himself fro him, (though he 
vnderstands not how he can doe it without a comission,) & 
that afterwards he bought this Duch vessell at the Mannatoes 
A came northward, but as he was returning to the Mannar 

1669] JUBisDicnoN of new haven. 8S$ 

toes, being w\^in a league, or a league & half, of Stamford 
poynt, Decembf the 7**», Captaine Pennys men haled him & 
demanded who & what he was, he told them y^ his name was 
Richard Raymond & that he lived at Salem ; M^ Griggs 
comanded him to lower & come aboard, being come aboard 
they asked whose the ressell was, he told them it was his A 
shewed them a bill of sale for the said vessell, & that one of 
them he conceived read the bill of sale & then told him y' 
they must carry the vessell to Newhaven, wherevpon he asked 
them whei*e was their comission, but they shewed non ; M'. 
Origgs asked him if he would goe to Newhaven in the vessell, 
w«*> he refused, chusing rather to goe ashore there, though he 
was but thin clothed & forced to wade ashore, though in a 
cold season, and cominge to Stamford, he consulted with M'. 
Lawes & M^ Bell about this busines, vpon w^^ M^ Bell went 
downe to the water side to require an acc° of the captaines 
men about this matter, but they who had pmised to come into 
Stamford harbour were not there, but gon ouer to Oyster 
Bay ; he further said that on the second day y^ next weeke 
[228] II he came to Newhaven, where ho mett the captaine at 
y* Gouerno", & told him that his men had seized his vessell, 
& that he shewed him there his bill of sale, dated the 25^^ of 
Nouember, w*^^ the captaine objected against & put him to 
proue y*' reallity of it; vpon w^^ he was put vpon a iourney 
to the Mannatoes & was there called by the court to make . 
p»^sent paym^ for the vessell or give security for the said debt, 
so that he hath beene forced to travell to the hazzard of his 
health & life, & was all this time deprived of his cloathing 
& food, that had he not had freinds that supplied him, he 
had beene in a very distressed condition, he therefore entred 
a action of molestation against Captaine Penny to the vallew 
of 600^' for his vessell & goods seized by the said captaine. 
For the cleareing of sundry passages in y® declaration, y« 
plaint p'^sented the testimony of Richard Ambler, as foUoweth, 

Stamford February 8^'», (69.) Testimony of Richard Am- 
bler, aged about 45, vpon oath he saith. 

He being aboard the vessell wherein one Griggs was m', 
& there came a vessell by, k the men of the vessell said they 
would take the vessell, & I told them it was Master Raymonds 

816 RBOOfBDB OF CHS [1969 

yessell, & imediatlj M'. Raymond stood ypon the decke & the 
men said thej cared not who it was, they would see who it 
was, & when they came vp they comanded M^ Raymond to 
lower his sailes & he lowered, & then they comanded him 
aboard & he came aboard, and they examined him, whenee 
he was, & what vessell it was, and whose it was, M^ Raymond 
said it was his owne, he had bought it, & they asked him what 
he had to shew for it & he said he had a bill of sale, & they bid 
him let them see it, & when they see it, the man y* see it put it 
vp in his pockitt & went to the helme, & then John Gri^s 
came aboard M^ Raymond & asked for the bill of sale & fiP. 
Raymond said one of his men had it^& Griggs comanded y« 
bill fro the man & gave the man M^ Raymonds bill againe, 
& they tooke the vessell & sailed away into the cove & prom- 
ised & engaged to M^ Raymond that they would not meddle 
w**» any of the goods but a few of the turnipps, & the next 
day they would bring the vessell into Stamford harboure & to 
stay there till M^ Raymond came againe fro y® captaine ; M' . 
Griggs advised M^ Raymond to go to the captaine & come 
againe to Stamford. 

Francis Bell. 

Also a writeiug (dated Nouemb^ 5^**, (59.) witnessed by 
Rich. Law & George Slawson,) was by the plaint' p^'sented, 
containing an agreem^ betwixt himself & Lawrence Lawrisson 
& Derrick Jolmson, whereby it appeared that the sd Raymond 
did at W' a moneth, hire the vessell called the Black Eagle 
of the parties aboue mentioned of w^^ vessell the said Ray- 
mond was to goe mastejr. 

But to proue that not M^ Raymond but Derrick Johnson 
was m% the captaine p^sented a Duch acc°, found in y« ves- 
sell, whereby it appeared that Derricke Johnson sometime in 
December last received for fraight, w<^*> he said did belong to 
the m*" to receive, vnto w^^ Derrick Johnson answered that 
there was a mistake in y« date. 

[229] II But that the said vessell was since bought, the plaint 
p'sented a bill of sale, (thereby to make it appeare,) w*^^ ^as 
now read, &; is as followeth. 

Translation by ) Appeared before mee, Mathew De Voz, 

Carell Van Brugge ) notary publicq, admitted by the gou- 
erno"^ genr» & councill of the New Netherlands, & the following 
witnesses, M'. Derrick Johnson & Lawrence Lawrisson, inhab- 
itants of this place, & doe declare to have sould vnto Rich: 

1669] JtfBiBDiofinnT of raw hatek. M7 

Baymoad of Salem in New England, the ir^ declareth to 
have bought a ressell named y Black Eagle, t*^ saile A 
treyle, & tdl appurtenances themto belonging; the -w*^ bar- 
gaine is made the 15"" of October 1659, for the sum of four- 
toene hundred gilders, to be paid in seawan, the paym' to be 
made betweene the lo>'| of October and new yeares day anno 
1660. These that have sould y" foresd veBsell, doe engage to 
free him frO all challenges or pretensions for their parts, ft 
the buyer doth promise at the p'hxed time to bringe their 
paym*, y" W'' as above written is mentioned & in the bill 
of sale is specified, all which is mentioned both buyer & seller, 
& doe engage each other to pforme the same, cause or make 
the same to be done, obligeing themselues for the pformance 
Tnder all justices & judges. Made in the p'sence of Timo- 
tbeus Gabry k Jacob Pis as witnesses, the w^h vnderstand the 
English language. 

Amsterdam, in the New Netherlands this 25"' of Nouem- 
ber, anno 1659. 

This agreeth w'*" y" principall, 

Matbew De Toz, Nota: pabliq. 

11 D 

25 N 
The captaine desired that the double date, & y' it was 
w^iiout witnesse, might be botli considered & compared with 
y* agreem' for hire, v'^ is dated the 5"> of Nouember 1659, 
by y Euglisli account, & the bill of sale the 15"i of October, 
Duch account, w=h makes y sale to be a moneth before y* 
hire, v^^ proues y^ sale not to be reall. To w*"" the plant 
answered, that he was not acquainted with Duch lingo, but 
y« reallity of the bargain was this, that he bought the said 
vessell 6 the 2o>'' of Nouemb, Duch account, & as for y' of 
the 15*'' of October, he knew nothing off, but it was a mistake 
of the writer, w'h to make appeare, M'. Raymond p'sented in 
writeing as foUoweth, 

An extract out of Uie court booke of the citty of New Am- 
sterdam, held the 13'^ of January, 1660. 
Translation by } Lawrence Lawrisson A Derrick John- 

CareU Van Brugge, { soa, plunteifs, against M^ Rich: Ray- 
mond defendant. The plaint desire of the defeadant paym> 
fbr the some of foureteene hundred ^ders, for a vessell named 




the Blacke Eagle sould vnto him, A to put in security for the 
paym^ thereof. 

The defefidt acknowledged the debt, saying he had nothing 
to say against it, & desired time for payment. 

The demand 6i answere heard, of both parties, haveing read 
[230] all II their writeings, declarations, witnesses & what 
thereinto appertaineth, before vs y« schout, burgermasters & 
assistants of this city, doe finde no otherwise but that it is a 
true k iust bargaine, bought & sould, notwithstanding in their 
act or bill of sale, the date thereof is differing, w^^^ we finde 
by mistake of the writer is comitted, therefore we condemne 
the defdt, to pay vnto the planteife the some aboue mentioned, 
or give him security according to agreem* as by y« bill of 
sale doth appeare, k condemne y*' defendt to pay cost & 
charges in this cause. 

Was vnderwritten. By order of y« Court, 

Johanis Neuius, Secretary. 

For the further cleareing of the case, the plaint also p^'sent- 

ed another writeing containeing certaine intergatories w^^ 

answeres vpon oath, w^^ originall writeings are in the hands 

of y* planteife, & are as followeth. 

Translation by ) 

Carrcil Van Brugg, \ intergatories. 

Vpon w<^*> by request of Derrick Johnson k Lawrence Law- 
risson, in the p^sence of the Heer Schout, Nicasius De Sille, 
& ye p'^sent Burgermasters, Martine Crieger after citation M'. 
Timothy Gabry & Jacob Pis to be examined. 

Timothy Gabry aged 
about 55 yeares, fro 
Amsterdam. Jacob 
Fis aged about 45 
yeares, borne at Am- 

The age of the witnesses. 



Is it not the trueth that they witnesses 
vpon the 25'*> of Nouember 1669, have 
testified concerning y® sale of a certaine 
vessell named y« Black Eagle, then sould 
by y* requestants vnto one M^ Rich: 
Raymond of Salem in N. England. 

If they witnesses did not vnderstand 
as now by these p'sence are vnderstand- 


Answere. ing, that the aforesaid bargaine was made 
Not other¥rise as vp- vpou the 25'*> of Nouembf, effectually k 
on y* 26* *» of No- accomplished, notwithstanding that in 
nemlKy anno 1659. the act made by y« notarys Mathew De 

Voz is expressed certaine sentences of 
the 15*>» of October 1659, as when at that 
time the bargaine seemeth to be made. 
4 4 

Answered, If need requireth, they will depose 

They were alwayes theire declaration vpon oath, 
ready to doe y® same. 

These intergatoryes above mentioned, & the examination 
of Timotheus Gabry & Jacob Fis, by demand and answere 
[281] II as appeareth in the margent, this 10th of January 
i660, jSimsterd in the New Netherlands, in the pi^sence of the 
Honorble Gouerno'' Genr^^ of the New Netherlands & y® Hon- 
orble Councill of New Amsterdam, in y« p'^sence of the D**. 
Schout, N: De Silla. Johanis Neuius, Secretary. 

Translation of the oath aboue specified, as foUoweth, by 
Charles Bridge. 

Vpon the 10'*> of February, anno 1660, hath Timotheus 
Grabry & M^ Jacob Fis verified their declaration 6 y« other 
side specified, being in the hands of the schout, Nicasius De 
Sille, vpon oath, before the court of the burgermasters & 
schepens of this towne of New Amsterdam in y« New Neth- 
erlands, y« date aboue written. Johanis Neuius, Secretary. 

These writeings being read, the captaine declared that he 

was vnacquainted with y« Duch affaires, but he could proue 

that the vessell was a Dutch vessell vpon hire, & not bought 

as was p»^tended by the plaint. To w^^ end, he p^'sented these 

testimonyes, w^** are as foUoweth, 

M*". Tho. Pell testifieth that before M'. Raymond went frO 
Fairefeild to Norwalke with the vessell w^^ is taken, y* M'. 
Raymond told him in his house that he had hired that vessell 
by y*' moneth that is taken, & he said he thought he might 
buy her if he would. Humphry Hid was p' sent at the same 
time. Tho: Pell. 

Humphry Hid testifieth that he was at M^ Pells house, & 

heard there M^ Raymond say that he had hired y* sloop w«*> 

he was at Fairefeild last with, this he testifieth to y« best of his 

remembrance, & M^ Pell was p'sent the same time, as he saith. 

These witnesses were sworne to what they have aboue 

testified this 24^^ of Feb. 1659, in Fairefeild, before mee, 

Nathan Gold. 

840 RBCOBDB OF THB [1669 

Jonathan Lockwood of the age of aboue 24 or 26 yeares, 
testifieth that at Stamford that Duchman p went "w^^ M'. 
Raymond in the vessell w^^^ he said the capers had taken, he 
said 7^ Duchman told him in discourse, that part of j^ vessell 
which he said the capers had taken, it was his owne, & that 
they had taken from him fifty pound starling in goods. 

This witnesse was sworne to what he hath here testified, 
this 24th Feb. (59.) in Fairefeild, before mee, 

Nathan Gold. 

Joseph Lockwood testifieth that when y« vessell w*'^ jg 
reported to be taken, that M^. Raymond was in, in Fairefeild 
harboure, that M^ Raymonds sonne told him that his fSather 
had hired that vessell for about three moneths, vntill his 
fathers vessell came fr5 Virgenia. 

This witness was sworne to what he hath here testified, Feb. 
24*h^ 59^ III Fairefeild, before me, Nathan Gold. 

[232] II To that w<^t> is testified by M^ Pell, M^ Raymond 
answered, that it was true that he said to M^ Pell that he had 
hired the vessell, (as before he had declared,) but y' he had 
bought her, he was not then bound to give an acc°, & the 
reason was because he had signified in a letter to his sonne fro 
Stamford to Stratford, Nouemb"^ 6'^, that he had hired her, 
w<^h was so at that time, w*^^ did so appeare by a passage in y' 
letter w^^ was now read. M^ Raymond was asked whether 
he was at the Mannatoes betwixt the time spoken ofiF by M"". 
Pell & y« seizure of the vessell, to w^^ ]iq said noe. 

Anthony Elcote vpon oath testified, that M^ Raymond told 
him at the Mannatoes, that he wanted a vessell to goe into y* 
north, but he needed not to buy one because he had two ves- 
sells of his owne, a catch that was gon to Virgenia and a small 
vessell hired to his sonne, w^^ he said would come into his 
hands in y« spring, (as he remembers,) & y* he had hired of 
the Duchman, at 10>» a moneth ; but he would agree with the 
Duchman & have a bill of sale, that if the captaine should 
meet with him, he might have somewhat to shew, but if he 
should misse of him, he might returne the vessell to him 
againe ; this .was to y« best of his remembrance, in the after- 
noone next before M^ Raymond camo fro the Mannatoes. 
Vpon w<^h M^ Raymond affirmed that the vessell was bought 
by him in y« evening before he came away. 

1669] JUBisDicrnoN of nbw haven. 341 

M'. Edward Palmes also vpon oath testified that ypon y* 
18**» or 19*^ of Nouember, he meeting w*>» M**. Raymond at 
New London, he told him that y« vessell he had was a Duch 
bottom k y* he was in treaty ¥rith y« Duchmau about buying 
her, but he had not fully bought her. 

M^ Raymond saith that he knoweth not that he so spake to 
M'. Palmes, but vpon the question put to him, granted that 
after his speech with M^ Palmes he was not at the Manuatoes 
before the said vessell was seized. 

The captaine further alleadged, that it appeareth by M'. 
Raymonds owne expressions that she was a Duch vessell, k 
desired that some further testimonyes might be received & 

Wherevpon W™ Peck being called, testified that M'. Ray- 
mond said that the Duchmen, or Duch gouernof, bid him 
looke to his estate, they would doe well enough to right them- 
selues, & y* Mf . Raymond wisht y* M^ Hudson or some other 
did not suffer for it. 

M'. Bryan testified that M'. Raymond told him, that if y« 
vessell were not restored, the Duch would right themsehies on 
y« English. To the same purpose testified M^ Goodenhouse. 

John Allen said that ho heard M^ Raymond say, that the 
Duch gouerno' threatened the English to right himself vpon 

M'. Raymond haveing formerly pleaded against the captaine 
for an vncivill carriage towards him, in denying to deliver his 
chest, w^'** he also said he could make proofe off by Will Trow- 
bridg, wherevpon the said William Trowbridg was now called, 
[233] who testified that M^ Raymond desired him to || goe 
with him to Captaine Penny, & he went aboard & into the 
great cabbin, but M^ Raymond stood without vpon y« ice, & 
y* he heard M^ Raymond demand his chest, but what y« cap- 
tains answere was he heard not. 

Sargeant Beckly said that he heard W" Trowbridg tell the 
captaine that M**. Raymond was come to speake with him, and 
so passed into the great cabbin, but to heare the discourse 
betwixt the captaine k M^. Raymond he could not. 

Edward Preston said that the captaine told M'. Raymond 

842 BB00BD8 OF THB [1669 

that he should have his chest and cloathes when he had looked 
into it. 

The captaine affirmed that he denyed not M^. Raymond his 
chest, onelj he told him^ he must first looke into it, as is testi- 
fied, & the key was not then present, so that it could not be 
done at that time, but since he hath delivered it. 

But M^ Raymond pleaded that sundry things are wanting 
in his chest, & that he found no apparrell in it save a cloake, 
& that whereas he had about 20^ ^ in wampom, he now findes 
but 8i» or thereabouts; to w^** the captaine replyed y* M'. 
Raymond when he saw it opened said that he saw not but it 
was as he left it, & y^ whereas now 20^ » is spoken oflf, that M'. 
Raymond hath formerly said that he had 10^ » there, & some of 
it hath been taken out by M^ Raymond himself, who denyed 
not, but withall said that he tooke out but 6 or 7". 

The Court haveing heard the severall allegations, answers 
& replyes, of plaint. & defendant, with the seuerall testimonyes 
on either side, it was declared that it appeares that M**. lUy- 
monds vessell & goods hath beene seized by Captaine Penny ; 
he was desired to shew by what authority he hath so done. 

To w<^^ he answered, he supposed that it was proued from 
M'. Raymonds owne words that the vessell in question was a 
Duch vessell. It was againe demanded by what authority he 
hath made this seizure; to w^*^ he now said that he had a 
Sweads comission, (but withall granted that it was of no eflFect 
here,) & besides he vnderstandeth that the Acts of Parliam* 
will beare it out. The captaine was told that it must be vpon 
y« breach of some law, it was now called for that that law 
might be shewed ; he said that no man was to trade in any 
Duch bottom in any harboure, creeke or coue of America, but 
y« law he produced not. The captaine was told that y« court 
had been enquireing, first, whether it was a Duch vessell or an 
English vessell, & y^ M^ Raymond had endeavoured to proue 
her an English vessell, but he had endeavoured to proue her 
a Duch vessell, & y' the sale pleaded by M^ Raymond was 
delusive & not reall; now secondly, it is enquired how & by 
what authority he hath seized this vessell, but the Acts pleaded 
are not produced, but the court must seeke out grounds for 

1869] JuBiflfiicmoN of new haven. , 84d 

y imtificatiS of his action ; the captaine againe pleaded that 
he supposed j^ Acts of Parliam^ & articles of peace will be to 
him a sufficient warrant, he was told j^ no such acts were euer 
sent ouer to be published here, to w«*» he replyed that he 
expected to be tryed in an Admirall Court, where the lawes 
[284] are knowne, || but he is now forced ypon a triall in 
refference to his trade w^^ is here interrupted. 

It was demanded both of plaint & defendt if they had ought 
more to say in y« case, but nothing being p>^sented, j^ court 
adioumed till the morrow, of w^** publique notice was now 

On the morrow the gouerno^ demanded of plaint & defendt 
whether they were come to any agreem' betwixt themselues, 
to w^*» they said no, wherevpon the gouerno' declared that y® 
court takeing y® case as they left it y» last night, that all mis- 
takes may be p>^uented & y« grounds of the courts so pceeding 
may be declared, they have drawne vp their mindes in write- 
mg> w«** ^^ read, & is as followeth, 

Forasmuch as vpon complaint made vnto y® authority here 
by Richard Raymond, a planter & inhabitant of Salem within 
y« Massachusetts colony in New England, against one Captaine 
Penny, captaine of the shipp called the Roe Buck, belonging 
to the city of London in old England, of wrong & injury done 
vnto him by seizing his vessell, called the Black Eagle, vpon 
this coast, neare a place called Stamford point, & thence car- 
ryed her away into Newhaven harbour, & there vnladed the 
goods & broke bulk, before or without p'senting an inventory 
vnto the gouernc or gouermS nor to obey his warrant sent to 
require the said captaine to surrender or deposit y^ said estate 
vnder safe custody for triall, a court of magistrates was then 
called at y* request of the said Raymond, to consider y* busi- 
nesse, who meeting on the 18**» of February, did order & 
enioyne that all trade, comerce & supply should be denyed 
vnto the said captaine & witheld by all the inhabitants, w^^ all 
or any estate within this colony, vpon the grounds expressed 
in that act or order, vntill that he should put in sufficient & 
standing security to answere the matter & to shew by what 
authority he had so done, & to abide the sentence therein, 
either here or in the court of Admiralty in England, as had 
demanded of him; vponw^^ restraint the sd captaine came on 
shore & declared himself to submitt to a triall here, if the court 
would grant another attendance to y^ businesse, w^^^ was done. 



A both y* captaine (pforce, as he said,) A the ad Baymond 
then appeareing & p'^senting sundry pleas & testimonyes very 
contradictory each vnto other, each party haveing threatenea 
to appeale vnto the Comonwealth of England & there to 
repf sent the case to the court of admiralty for justice, in case 
they like not the sentence here, so that we could expect no 
acquiescence in whateuer issue could be here adjudged, nor 
did the captaine produce any comission. Act of Parliam^ &c.y 
vpon w^^ he had so acted, or observed, onely he said he had a 
Sweades comission, but shewed no, saying that it was non 
eflFect here. For w^*^ causes or reasons aforesd, as also for that 
no such Act of Parliam* phibiting neighbourly comerce betwixt 
adioyning colonyes of Duch & English in a time of amity 
betwixt the two States of England & Holland, or such freiuds 
or subjects of either as were so scituate in these parts, hath 
[235] ever been sent ouer hither to be pmulgate || nor the 
extent of it euer declared to prohibit y* sending or selling to 
such Duch neighboures pvisions or victualls for their necessary 
vse & liuelyhood, w^h is y^ substance of all the trade betwixt 
vs on the English part, viilesse some wampom w«*» is not other-' 
wise tradcable. Vpon these & such like grounds as aforesaid, 
the court of magistrates here met at Newhaven, have vpon 
this first of the first moneth anno (59,) declared & ordered, 
that the whole matter be transmitted vnto the hono^ble court 
of admiralty in London, to be there tried & issued ; meane- 
while, the whole estate, according to a true invoyce of what 
was seized, & iust apprisem^, to remaine here vnder sufficient 
& standing security, to be payable vnto whomsoeuer shall 
have order from that court to receive it, when such order 
shall be produced & vndoubtedly appeare to be the sentence 
of that honc^ble court. Which said triall or posecution is 
hereby enioyned to be attended by either party before one 
whole yeare be expired next after the date of this order, vpon 
the penalty of y® forfeture of all clayme or interest in the 
estate w*^*» is here so deposited & secured, by the party faileing 
so to psecute or attend. The charges of the first court here to 
be borne by the said Raymond, & the charge of this second 
court by the said captaine for the pi^sent, vnlesse or vntill the 
court of admiralty shall otherwise order or impose it vpon 
either party. Vpon observance of this order, on the captaines 
part, the former order or restraint to bee made voyd & the 
captaines other security is hereby released. 

The businesse betwixt M^ Raymond & Captaine Penny 
being thus issued, the captaine was told that y« affironts he 
hath offered to the gouerm' here (in disobeying y^ gouemo^* 


warrant sent by the marshall, 7^ required onely a delivery of 
tiie yessell & goods vnto custody of authority here, vntill a 
triall had past in y^ case betwixt M'. Raymond k himself,) 
remaines yet to be considered. Ynto w<^^ the captaine 
answered, that he had beene at the carrying in of many prizes', 
but he neuer knew any disposest of them, but if he did any 
thing aflfrontingly to y* gouerm' he was sorry for it, but with- 
all said, that he desired y* marshall to p'sent his service to the 
gonemo^ & to tell him y^ y* vessell & goods was at his comand ; 
he was told y^ was but words, but the thing was not done, 
wherevpon the warrant was read & the captaines answere, w^^ 
here foUoweth, 


You are hereby required to goe aboard the shipp now in the 
harboure, & there or elsewhere in the towne, demand of Cap- 
taine Penny the vessell & goods w<^h he tooke of M'. Ray- 
monds, to be deliu'ed vp to the gouerm* in this place. Vpon 
y* deliu'ry whereof, let a iust inventory be taken, before suffi- 
dent witnesses, of what you receive, w^^ you shall put in safe 
custody & securely keepe, till we can call a court to judge in 
the case, w*^^ shalbe without any vnecessary delay when the 
wether is seasonable for the magistrates to come together, 
whose order we hereby engage vessell and goods shall be ready 
'236] to attend, whether to Captaine Penny, || if to him 
, udged lawfull prize, (due care being taken for that part w^^ 
' >elongs to the Comonwealth of England,) or to M**. Raymond, 
if it otherwise appeare. W*^^ if he refuse to doe, take his 
answere in writeing before witnesses & returne. 

Dated at Newhaven y® ) ^ Francis Newman, 6ouerno^ 
25*^ of January, 1659. \ of Newhaven Colony. 

Captaine Pennyes answere, January 25'*>, (59.) 

That himself & sloop was at the comand of y® gouermS but 
would not deliver it on that warrant as I carryed to him except 
the authority would take it away from him, otherwise iie could 
not answere his masters in England that did imploy him. 

Tho. Kimberly, 

Edward Preston. 

the marke of 

Francis n Browne. 

The captaine was told that he had but trifled in this busi*- 
nesse, sometimes p^tending to a Sweads comission, sometimes 






to a Portugall comissioii, sometimes to 6 English Go&isflum; 
the last he now denyed, but was asked if he had not said ha 
had a comission & if the gouemo' would send aboard he would 
shew it, & his first letter speakes the same, and if he did not 
meane an English comission he then abused vs, for he himself 
said y ^ an outlandish comission was of non effect here ; he was 
asked if hee had not also said y^ he had no Sweades comission, 
^cb lie granted to be true that he did so say at y*' Mannatoea 
y* he might get passage by, w«*» vntrueth y* court witnessed 
against & told him that he had by these carriages much dis- 
honoured himself. The captaine acknowledged that it was his 
fault that he did not obey the warrant, & desired the court to 
passe it by, & declared y^ it was his purpose not to give offence 
to this gouerm^ while hee stayes, nor to any gouerm^ where 
he shall come. The captaine was told that the consequences 
would bee hazzardous, both as it referrs to strangers or those 
amongst o'selues, if men should be suffered to dispise y« 
authority & gouerm^ settled amongst vs, but he being a 
stranger, the court did encline to favour if his future carriage 
whitest he remaines here be to satisfaction. 

M^ Scott did desire it might be noted y* he did protest 
against Captaine Penny, & declared that he was damnified 
80* » by the interrupting of his proceedings in liis voyage, occa- 
sioned by his act concerning y« vessell he hath seized of M"^. 

[237] II The vessell & goods returned by Captaine John 
Penny, & deposited with the court, (in refference to the case 
depending betwixt M^ Raymond & himself,) being inventoried 
and apprized, as in a paper subscribed by W" Peck, Thomas 
Kimberly, ^ in the pticulers doth appeare, doth amount 
to 238*», 9% 2^y besides w«*» M^ Raymond demanded of Cap- 
taine Penny, as seized by him & not retiirned, certaine goods 
to the valine of 45i», 6% 8<J, w^** here follow, 

11 • d 


04 00 00 


03 08 11 

Butter & a paile, 

00 12 00 

12 bushell tumipps, 

00 12 00 

A wascoaty 

00 07 00 

A p'e of breeches, 

00 08 00 

Butter in a fatt, 
150H biskitt, 
12 bush: onions, 
2 pewter potts, 
8 brest wimbles, 
2 hamersi 

li • d 

01 00 00 

01 07 00 

02 08 00 
00 04 00 
00 08 00 
00 01 06 




li 1 d 

li I d 


00 14 00 

A skin of beavor, 

00 16 00 

BnMid cloth d jrds i ^, 03 07 06 

30 cheeses at 18<^, 

02 05 00 

A manmoth capp, 

00 04 00 

Derrick Johruons goods. 

2 p'e gray stockings, 

00 05 00 

A boosh. pease, 

00 03 06 


08 00 00 

A coate & breeches, 

02 00 00 

A shirt, ribbintTiy 

1 01 15 00 

A red capp, 

00 01 03 

wampom, a neckcloth, 

2 pillows ic cases. 

00 08 00 


00 08 00 


00 04 00 

2 sacks, 

00 07 00 


08 00 00 

2 yards of bangle, 

00 05 00 

6H butter, 

00 03 00 

A firkin of batter. 

01 10 00 

51 i candles. 

00 04 00 

25 18 05 

19 08 03 

Total, 45 06 08 

M'. Richard Raymond, Lemuell Raymond his sonne, aged 
about 15 yeares, & Derrick Johnson, or at least two of them 
to euery pticuler aboue mentioned, did vpon oath testify that 
these goods, as aboue, were all seized by Captaine John Penny 
A not returned, to y« best of their knowledge, & that the 
yallue was iust, according to their best light. 

Before M^ Francis Newman, Grouemor, 

the 22th March, 16f J. 

For w^^ goods Captaine Penny left salt (as he said) 800 
bushell as security. 

[288] At a Court of Magistrates held at Newhayen, the 

28 OP May, 1660. 

Francis Browne of Stamford being bound ouer to this court 
to answere Samuel Plumb of Brandford in an action of the 
case concerning Edward House, appeared, at whose desire, (he 
being not p'pared,) the businesse was respitted vntill y^ court 
of magistrates in October next. In the meane time y« security 
already taken at Stamford for his appearance at this court, to 
stand for his appearance then. M^ Crane y® magistrate at 
Brandford was desired to have a vigilant eye vpon Edward 
House that he withdraw not, but that hee then also attend the 
court to answere the complaints off Francis Browne against 

848 BEOOBDB OF THS^ [%^0 

Joseph OemseyjplainP. ) The plaint', entred an action of debt 
Rich. Mills y defendant^ ) & damage against the defendt, to the 
vallew of 9^» or thereabouts, dew vpon two bills; y* defendt 
owned y® bills, but pleaded that part of the debt was paid ; the 
plaint & defendt agreeing betwixt themselues, the court gave 
no sentence in the case. 

M\ MillSy plainteifey ) The plaint' entred an action of debt 
Widdow Seely^ defendt. ) to the vallew of 4^> against the 
defendt, who being called, answered not, but Leiftenn* Bell on 
her behalf pleaded that since M**. Mills hady« warrant he told 
him, & he told/the defendt, that he would not prosecute ; to 
wc*> M' . Mills answered that what he said was onely condition- 
all, but he did tell her the last day of the weeke, that he would 
psecute. Leiftenn* Bell now engaged that he would vnder- 
take that sometime this summer the debt should be paid 
according to agreem*, w*^** was the p'^sent issue at this time. 

Sigismund Richalls of Brandford, security for John Heard- 
man for a fine of 10*^ ^^^ for the good behaviour of the said 
John Heardman y® some of 50^ », as by y« records in May 1659 
doth appeare, at his desire & request was now released from 
his engagem* for the 50^*, & vpon y« receit of a bill fro Ensigns 
Bryan for paym* of the 10^», w^^ y« court accepted, the said 
Richalls was acquitted frrt the said debt. 
M\ John Youngs^ plaint. ) The plainteife entred 

Richard Smith of Setaucut, defendant. ) an action of debt 
against the defendant who stood bound in a bond of 10^» for 
his appearance at this court, as was testified by M^ Wells, who 
being called answered not. 

John Buddy junior y plaint. | The plainteife entred an action 
Richard Skidmore^ defendt. ) of complaint vpon suspicion of 
felony, against the defendt, for whose appearance certaine 
[239] goods belonging to the said Skidmore were || attached, 
the coppy of w«*» attachm* or warrant was p^^sented & read, 
but found in a pticuler to be defective, being dated May 8, 
1660, & appearanc enioyned May next, but M^ Wells testi- 
fied that Skidmore did vnderstand that he was to appeare A 
John Budd bound to prosecute y® attachm* at this court. T« 
defendt being called answered not, wherevpon the court did 


Ofder that y* attachm^ on the goods is to remaine vntill he 
flfhswere John Bud in 7^ case, or vntill further order frO the 

According to what was desired by the court, May the 23, 
1659, the mare in question betwixt M'. Peirson & John 
Cowp was p'sented to be veiwed by y« court, at w«^ time 
brother Moulthropp said that M'. Peirsons colt was a bright 
dun, but M^. Peirson affirmed that it was a darke dun. 
Brother Cowper said that he neuer bought a bay colt, but a 
black browne colt, & desired that it might be considered that 
M'. Peirsons witnesses say y* Westalls mare had a bay colt ; 
wherevpon the court told him they have beene ready to heare 
him or any witnesses produced by him, & are still ready, if 
he please to p^sent them, but he did nothing that way, only he 
said that he could proue that this was y® mare he bought, w^^ 
he gave a small slitt in y« eare w*^^ grew vp againe, the trueth 
of w«^ was not much questioned, yet he might buy a wrong 
mare. After this y« court haveing veiwed the mare & con- 
sidered the testimonyes, after some respitt, y® defendt de- 
clareing that he had no further to say at p^sent vnlesse he see 
cause of a reveiw, the court (M^ Gilbert excepted, who also 
laid claime to the sd beast,) by way of sentence declared. 

That they do not app'hend any cleare euidence by either 
party p'^sented, yet the case haveing beene long depending, 
■^ch ye court have desired might have beene issued betwixt 
themselues, or by the help of some freinds with them in way 
of arbitration, but the defendt app^hending himself not in a 
fitt capacity so to end it, the court saw themselues called to 
put an issue to it, & therefore, according to the euidence 
p'sented & compared with y« mare now she hath beene veiwed, 
they doe at present judg that the most probable right falls on 
y« plainteifs side, and that he shall have y« mare & what 
encrease she hath, in his possession, a way being still left open 
for a reveiw by the defendt if he see cause to prosecute that 
way, or for claimes by any other pson, w^^in ^ 

And for the charges w*^ have beene expended about this 
businesse, that they be borne equally betwixt them. 

Anthony Waters, attorney for John Concklin, Tho Osman 

860 BBCOBDS OP THB [^00 

k Tho Rider, inhabitants on the land called Hashamommodc, 

plainteifs, entred an action of the case against John Budd 

senior, for breach of an ancient order made for y« p'servati<m 

of good neighbourhood, w^^ order or agreem* is as followeth, 

[240] II We whose names are vnderwritten inhabiting on y* 
necke of land comonly called Hashamommock, considering that 
our comfort & quiet settlem^ would consist & stand in y® enjoym' 
of good neighbourehood, did make this agreem^ at our first 
sitting downe, that what man soeuer should desire to remoue, 
& so endeavour to make sale of his accomodations, should put 
in such neighbour as the other inhabitants liveing with him 
shall approue off. William Bolman. 

This is a true coppy of y« Henry Whitney, 

record, coppied by mee, Edward Tredwell. 

William Wells, Recorder. Tho Benedicke. 

John Budd junior appeared tt> answere the sute. After 
sundry pleas made, both by plaint. & defent, the plaint finde- 
ing himself at p^sent not sufficiently furnished to make 
proofe of some pticulers materiall in the case, desired onely 
that the court would declare whether they approue the orrig- 
inall agreemS vnto w*^^ y« court returned that they see not 
but that y« agreem* is righteous in itself and bindeing to those 
that did first engage and to their successors, pvided that due 
meanes was aflForded for y« knoMedg of it. But it being not 
sufficiently cleared that the defendant had sufficient knowledg 
of it, y« plaint also pleading that he doubts not to make 
proof of it when they come home, they doe there refer this 
question to be issued by y® court at Southold, (where the 
state of the question is best vnderstood,) if y« plainteife shall 
see cause further to prosecute. 

There being p'sented to the court by M^ Wells, an award 
drawne vp by himself, & otherwise therevnto subscribed, 
touching a defamation raised by Henry Case & Theophilus 
Curwin, against seuerall psons therein nominated,- for our 
judgm*" in the same, being divers of their neighboures in 
Southold were vnsatisfied therew^**, as also an acknowledgm* 
subscribed by the said Case & Curwin ; now we doe hereby 
declare, that the arbitrators having submitted what they con- 
ceived might be iust, for satisfaction in y^ case, in ref- 
ference to corporall punishm^, vnto allowtoce of authority, 


Iff see no cuise to alter the award, but j^ it be obeerved in 
that part as in all other, as the authority of Southold see fitt, 
A not otherwise. 

The proceedings specified in a bond vnder the hand & scale 
of Bidbard & Josua Raymond, concerning j^ p^sent disposall 
of some part of the goods depositted w^^ y^ court in refierence 
to a dififerrence betwixt M^ Raymond & Captaine Penny, 
transmitted to the court of Admiralty in England for issue, 
"W«^ was done by y* gouerno', deputy gouerno' & M' . Gilbert, 
was approued by the rest of the magistrates. 

Richard Law of Stamford, (in the behalf of some orphans,) 
entred an action of the case against Geo : Tucky, concerning 
a mare. M^ Mills, in behalf of y* defendt., p^sented a 
[241] II writeing by him subscribed excuseing his non-appear- 
ance, & for the cleareing of the case. But it being intended 
y^ two of the magistrates should shortly keepe court at Stam- 
ford, the businesse was respitted vntill then, for heareing, if 
they agree not betwixt themselues in the meane time. 

M'. Wells certified y* John Corey, John Swasey, M^ John 
Booth, Joseph Youngs senior, Tho. Rider, Edward Petty, 
Tho. More, juni', (who were all bound ouer to this court, as 
appeares by y* records of May 23^'*, 1659,) had taken the oath 
d[ fidelity. 

John Concklin, plaint in an action of trespasse to y* 
vallew of lO^s against John Corey, defendt., declareth. 

That the defendt. kept diners swine in about the comons of 
Hashamonmiuck lands, where he had no right so to doe, 
whereby his now wife in her widdowhood had sustained great 
losse in her cropp of wheat, & pease especially, & in two loads 
of pease by the defendts hoggs after they were housed, & al- 
though y* pi wife gave the defendt notice divers times of his 
hoggs continuall trespassing, & that although her sonne in 
law kept the feild o purpose to p'serve the pease & other 
graine there growing, yet his hoggs would not be kept out, 
neither did the defendt vse meanes to p'uent them, to the 
plaint knowledg, although he l^d no right to keep hoggs 
there as aforesd. 

The defendt denyed not that there was damage done by 


his hoggs in the plaint pease, but withall said that part of y* 
damage was done by hoggs belonging to other men, as well as 

The Court haveing heard the demand of the plaint*, w^^^ 
the answere of the defendt, w^^ seuerall testimonjes given in 
on either side, at last came to vnderstand that y^ matter had 
been arbitrated at Southold. The arbitracon was cald for, 
p'sented & read, wherevpon it was demanded who broke that 
arbitration. Jo: Corey confessed it was his act, but withall 
gave his reasons, w^^ satisfied not, for w^^ he was reproued ; 
after w<^^ the court proceeded to sentence, & declared that 
the defendt shall pay to the plaint' for damage done in his 
pease, 20", & for his trouble, expence & charges, 20", as was 
ordered by y* arbitrato'", fr6 whose judgm* the court saw 
not cause to differ, vnto w«J» they now add 40" for further 
charges, & 10" for the fees of court. All w«*», being 4>«, 
10", is to be paid by y* defendt to the plaint, & in case of non- 
paym^ the court of Southold to grant execution. 

John Goncklin, plaint', in an action of slaunder to the 
yallew of 50^*, against John Corey, defendt, declareth, 

That the defendt on a training day, before a great part of 
the traine band, did endeavoure by his words to take away 
his repute & esteeme amongst his neighbours, & lay him below 
y* heathen, & to that end spake words to this eflfect, or the 
same words following, viz^:, that John Concklin was a neigh- 
[242] boure not fitt for an Indian || to live by, & when the 
plaint' & defendt were both sicke, & the plainteife was not 
able to craule out of his house, yet then he killed one of the 
defendts hoggs, & divers other words at other times of a 
slaunderous nature, w^h will appeare more fully by the eui- 
dences that shall be given in. 

The plaint' p^sented sundry testimonyes to proue y« sub- 
stance of his declaration, w^^^ being read, the defendants an- 
swere was called for, who said that his was a guilty pson & 
could not justify himself, he had done evill & he saw it, he 
confessed that he had done manifest wrong to the plaint' by 
speakeing to his reproach as he had done, w^** he was sorry for. 
After wc*» the court declared by way of sentence, that the 
defendt shall pay the charges of the court, w«^ is 10"", & that 

ItBO] jubisdighon of new haven. 868 

it 38 desired of M'. Youngs the reuered pasto' to 7^ chtirch at 
Southold, w**» M'. Wells & Mr. Youngs the p'sent deputyes, 
that they draw vp an acknowledgm^ suteing the case, w^*i is 
to be dudy published by John Corey, to the cleareing of John 
Ooncklin in this matter. 

John Corey, (out his aflfection to W" Solmans children 
(as he sd) for the kindenesse he had received from their 
&ther,) did now tender to part w^*> a peice of land w«^ was 
bis by the guift of W™ Solman, for w<^*> he will accept of 
oome, cattell and wampom (at a due vaUue) for pay, & abate 
20* of the price as it shall be determined by goodman Reeues, 
goodman Furrier, goodman Terry & goodman Tucker, who 
were by ioynt consent now chosen to determine that question, 
if John Concklin accept, k W^ Solmans sonne may enioy it. 

John Budd junior of Southold, plaint in a action of slaun- 
der to the valine of 20^*, against John Corey, declared that 
the defendant hath, as he conceives, charged him (in y* open 
meeting house) with takeing a falce oath in a testimony he 
gave in against him concerning pease. 
. The defendt referd himself to the euidence in y® case. 

The depositions of Ensigne Glover, Tho. Mapes and John 
Ooncklin were by the plaint' pj'sented & read, as followeth. 

These deponents being together about the begining of March 
last, at the meeting house in Southold, saw a coppy of an 
arbitracon delivered to John Corey, touching certaine differ- 
ences arbitrated & ended by indiflFerent arbitrators betweene 
him & John Concklin abouesaid, at w<^*» y® sd John Corey was 
much discontented & said he was wronged by falce witnesse ; 
the deponent, Charles Glouer, laboured w<^ him to submitt 
to the arbitration, saying many men in England were hanged 
through falce witnesse, this was but a 20« matter, it was bet- 
ter to suffer then be contending, or words to that purpose, but 
John Corey replied, so am I now hanged through falce witnes ; 
and the said deponents, Charles Glouer & John Concklin, 
[243] further say, y* John Concklin asked || John Corey how 
he was hang'd by falce witnesse, he replied he was hang'd by 
falce witnesse about the pease specified in the arbitration, or 
words purporting the same in substance. 

Deposed the 17 of May, (60.) Charles Glouer, 

by Charles Glouer & John Concklin, Thomas Mapes, 

before mee, W«> Wells. John Concklin. 


854 uaooBDS of thb [16M 

John Ooncklin said that he neuer named John Budd in this 

businesse that he knowes of, wherevpon the plaint' was asked 

how he proues that John Corey slaondered him, being (as hee 

sayes) he named him not, to w*^^ he answered that there was 

no other that gave testimony concerning the pease, therefore 

by cleare consequence he must meane him who was the onely 

witnesse in the case. For the clearing of y« case, M'. Wells 

testified that there was non that gave testimony before the 

arbitrators betweene John Concklin & John Corey but John 

Budd, and that John Corey had owned that he did intend 

him & had also tendered him satisfaction. Charles Glouer 

also testified, w®^ was in writeing p'sented. 

That he being in presence occasionally at goodman Hortons 
house & there being John Corey & John Budd at diflferenoe 
about some words y^ had passed fro John Corey against John 
Budd, in w^^ there was a app^hension of slander, and then & 
at that time John Corey did tender such satisfaction vnto John 
Budd that, if the case had beene his owne, he could not chuse 
but have taken it. And this vnder my hand I give, ^ me, 

Charles Glouer. 

John Corey now confessed that he spake those words A 
hath thereby done John Budd wrong, w^^ he was sorry for ; 
he further added that he did tender John Budd to give him 
such satisfaction as indifferent men (who John Budd should 
chuse) should judg meet. After w^^ the court declared that 
it appeares, both by euidence & the confession of John Corey, 
that he hath spoken slaunderously of John Budd, for w«*» it 
seemes satisfaction hath beene tendered by John Corey, but 
not psecuted as it ought to be to the satisfaction of John 
Budd, who should also have beene more ready to receive sat- 
isfaction then it appears he hath been ; all w^^ being con- 
sidered, by way of sentence it was ordered that John Corey 
pay the charges of y^^ court & give due satisfaction to John 
Budd by way of acknowledgm* at Southold. 

At the desire of Ensigne Bryan the businesse concerning the 
estate M^ AUerto deceased, came to be againe considered, 
wherevpon Deacon Miles & Gtervase Boykin, who were author- 
ised to collect & conserve the sd estate, gave in their account of 
what they had done in this businesse, viz, that they had sotdd 


file time of service dew fro John Little, servant to M'. Allerton 
deceased, for 8^*, which is in the hands of Jeremiah Osborne, 
iri" being added to 1291', 5% 2^, makes the estate 182^% 5«, 2<>. 
it was also informed that there is in M'. Ogdens t^and a mare 
[244] & 2 colts belonging to this estate, || onely an account 
n^^ M^. Ogden is to be considered, w^^ is not yet come to 
hand ; also a debt dew fro Captaine Morris of Road Island, 
also that there came fro Barbadoes, (since M'. Clarke came 
thence,) to M'. Lake, 4 hogsheads of sugar, part of which 
belongs to this estate. The aforesd agents were desired to vse 
their endeavo'" to get in the estate, that so iust debts may be 

Vpon proof now made, a debt of 6^*, 16«, 1^, ob, to Sar- 
geant Jefferies, & a debt of 5^^, to Captaine Bobt. Martine, 
were also allowed, who are to have in pportion w*^ other cred- 
itors whose claimes were allowed in October last. 

Besides w^^^, Ensigne Bryan now demanded for his sonne 
Bich. Bryan, S^s W«» East, 21% 9«, 6^, M^ Lord, (besides the 
debt of W^ allowed,) 40", M^ Raymond, attorney for M'. 
Batter of Salem, vpon bill but not attested, 6ii, 5", Joseph 
Alsupp, for M^". Sheafe of Boston, w<^i> he said stood faire in 
her booke, S^i ; -w^^ demands if legally proued to satisfaction 
of the court at Newhaven, or the court of magistrates in Octo- 
ber next, shall be considered. Li the meane time their pro- 
portions, according to the somes demanded, shall in y^ division 
of the estate of 132i*, 5% 2<^, be set out & left in trust with 
Deacon Miles & Oervase Boykin aforesd, vntill it bee adjudged 
(by this court) to them, they prouing their debts, if otherwise, 
then to be divided in proportion to the creditors already legally 
proued so ; but after this time, no other creditor* to be admit- 
ted in refference to the estate aforesd of 132is 5", 2<>. 

John Cowper also renewed his claime (vpon the estate) for 
a debt dew (as he sd) vpon bill to John Westall of Seabrooke. 
M'. Allerton testified that there is more paid then is made 
received vpon y* bill, & that tliere are other accounts w*^ Jo. 
Westall to be cleared, wherevpon John Cowp tendered that 
he would answere their demands vpon any other accounts to 
7* vallew of the debt demanded by him, but desired that first 


856 RECORDS OF THE [1660 

hia bill might be satisfied. The court told him that it woold 
be accoontsd irrationall that Westalt should assigne bills A 
not be boimd to answers accounts, especially where j* man is 
dead A the astate Don soluant, but lett Westall come & oleare 
accounts, & then his bill shall be considered. 

M^. John Davenport, pastoure to the church of Christ at 
Newhaven, delivered into the hands of the court (to be kept 
for the vae of the nu^istrates and elders of this colony, as u 
specified in his writeing to them,) certaincwriteings concern- 
ing a trust comitted to himself, v"* some others, for the dis- 
posall of an estate given (by the wor)> Edward Hopkins, Esqr. 
deceased,) for tlie furtherance of learning in these parts, w*^ 
resignation of his power & interest therein (so &rr as he might 
with pfserveing in himself the power comitted to him for the 
discharge of his trust,) w*:'' is more fully & pticulerly expressed 
in the records of the gen: court,) w'='' was thankfully accepted. 
[246] II The last will & testament of John Parmerly, late of 
New Haven deceased, was presented, made tlie S^i of Kouember 
1659, proued by tlie oath of Deacon Lindon & Deacon Peck, 
at a court held at Newhaven January 3^, 1659. 

An inventory of the estate of y" said John Parmerly waa 
p'sented, amounting to 78'', 13", O"", made the 2^ of January, 
1659, by Deacon Pecke & R(^r Allen, & by them attested 
vpon oath that the apprizem* was iust, according to their best 
light, & by the widdow of the deceased, that it was a full 
inventory of y* estate of her deceased husband, to the vallew 
of 10*, to the best of her knowledg, at a court at Newhaven, 
Jann: 8, (59.) 

The last will & testament of Willm Davis, late of Newhaven 
deceased, was p<'sented, made the 18"> of the 6'>i moneth, 
1659, by the oath of M'. Wakeman & Elinor Glouer proued, 
the 6^*> of December, 1659, at a court at Newhaven. 

An inventory of the estate of the said "W" Davis was also 
p^sented, taken the aiii) of October, 1669, amounting to 8081', 
0*, O', attested by the widdow of the deceased to be y* foil 
estate left by her husband to the vallew of 40*, ruder or ooer, 
A by M'. Wakeman A James Bisbt^p, that the apprisem' was 


vasty according to their best light, at a court held at Newhayen 
the 6*»" of December, 1669. 

Th^ last will & testam* ofTho: Mitchell, late of Newhaven, 
deceased, was p^sented, made the first of October, 1659, 
proued by the oath of W™ Gibbard, W"* Russell, Henry 
Glouer, the 6*^* of March, 16| J, at a court at Newhaven. 

An inventory of the estate of the said Tho: Mitchell was also 
p^sented, taken the 2^ of March, 16f J, by W" Russell & Henry 
Glouer, amounting to 1281^, 10% 11*^, besides a debt fro M'. 
Goodyers estate 2^», 5», O'J, & in the iron works 6»', 3», 0<^, & 
800 of pales in y« woods. The aforesaid apprizers attested 
vpon oath at a court at Newhaven y® 6^*» of March, | J, that 
the apprisem^ was iust, according to their best light. 

An inventory of the estate of John Walker, late of New- 
haven deceased, was p'sented, taken in the moneth of Decem- 
ber, 1659, by Tho. Kimberly & Henry Glouer, amounting to 
19>>, 12», 5<*, attested by M^ Wakeman vpon oath to be a full 
inventory to the best of his knowledg, & by y® apprizers, that 
y^ apprizm^ was iust, according to their best light, at a court at 
Newhaven, the 6^^ of Decemb' , 1659. 

The last will & testam* of Hannah Beacher, late of New- 
haven, deceased, was p^sented, made the IS*** of June, 1657, 
proued at a court at Newhaven y* 5**» of Aprill, 1659, by y« 
oath of Mathew Gilbert & John Wakeman. 
[246] II An inventory of the estate of the sd Hannah Beacher 
was also p'sented, taken the 2^ of March, 16||, by M' . John 
Wakeman & Thomas Somberly, attested vpon oath, that the 
apprisem^ was iust, to the best of their light, at a court at New- 
haven, Aprill 5**», 1659, w^^ inventory amounted to 55^', 05% 

An inventory of the estate of John Vinson, late of New- 
haven, deceased, was p'sented, taken by Henry Lindon A 
Samuell Whitehead y® 10*^ of 9^** moneth, 1659, amounting to 
90i», 12% 04*^, & by y« apprisers witnessed vpon oath y^ the 
apprizm^ was iust, according to their best light, at a court at 
Newhaven, January 3<^, 1659. 

An inventory of the estate of Daniel Bradely, late of New- 
haven, was p'sented, taken January 4^^^ 1658, by Willm 


Bndelj A John Allen, amounting to 44^', 10*, 9^, besides W^ 
their is a debt fro Rich: Fellowes not yet cleared, A a mtbe not 
yet foand, also some weareing cloaths w<>> were cairyed away 
by the horse when he vas drowned, not yet come to hand ; the 
aforead apprisers vitnessed Tpon oatli that it was a true Jfc full 
ioTentorye of the estate of the deceased, both for pceUa & val- 
lev, to y" best of their light, at a court at Newbaren, Jan: 4« 

A vriteing was p'sented as the last will & testam* of Tho. 
Cowper, late of Southold, deceased, dated ^ , and now in 
court by M'. Wells testified ypon oath that the writedng 
pi'sented was by the deceased in his p'sence declared to be his 
minde coaceniing the disposall of his estate, w^ will was 
returned to M^. Wells for further proofe. 

An inventory of the estate of the said Thomas Cowper was 
p'sented, amouutiog to 3681', 7*, taken the 20''' of Jannaty, 
1658, by M^ W-" Wells, Barnabas Horton, Barnabas Windes. 

A writeing was p'sented for the laet will & testam^ of 
Mathias Gurwin, but returned for legall pbat. 

An inventory of the estate of the said Mathias Gurwin was 
pfflented, taken the 15"' 7"" (58,) by William Furrier, Gharles 
Glouer, amoutttiag to 313", 00', OS^^, that the apprizm' was 
iust, was witnessed vpo oath by y* abouesd apprisers befora 
Barnabas Horton. 

An inventory of the estate of Joseph Youugs, marriner, 
deceased, was p'sented, taken y* 15"' of Septemb, 1658, Ig" 
W" Wells, & Tho. Moore, amounting to 477", 09»,& deposed 
before vs, W" Wells, Barnabas Horton. 
[247] II An inventory of the estate of M'. John Herbert, late 
of Southold, deceased, was p'sented, amounting to 241", 19*, 
00^, taken by William Wells & Tho. More, Septemb. 7, 1658. 
Deposed before vs, W"" Wells, Barnabas Horton, by M". Mary 
Herbert, to who administration was now granted. 

An inventory of the estate of Elizabeth Paine, widdow, late 
of Southold, deceased, was p'sented, amonntiDg to 27i>, 15*, 
10<i, taken by Barnabas Horton, W> Furrier, Charlos Glouer^ 
y* IB^^ of September, 1668. 

An inventory of the estate of Peter Paine, late of SouthoU, 


dficeuied, web p^Mnted, amounting to 74^% 10«, 6^j take the 
16^ of September, 1658, by Barnabas Horton, Charles Glouer 
& W™ Furrier, who were sworne the day & yeeare aboue 

M'. Wells informed that there was a will left by the hus- 
band of Elizabeth Paine, (now also deceased,) w^^ will was 
proued at Salem, by w^^ he gave some estate to his children, 
w«*» shee was to have the vse of for her life ; she being dead 
^bey hayeing a conceite that this jurisdicon had nothing to 
doe to order the disposall of the estate, therevpon, w^^out 
approbation of authority, divided the estate according to the 
will, but had no respect to the debts dew from y* estate, w<^^ 
yet remaine vnsatisfied. Wherevpon the court declared that 
the said Elizabeth Paine dyeing & the estate being at Southold, 
it fails vnder the cognizance of the authority here, & that y* 
division made was disordly, & did therefore order that the 
estate be againe returned, & be responsible for paym^ of all 
iust debts, & then what estate remaines to be divided accord- 
ing to the will of the deceased, the care of w^^ businesse was 
left to those in authority at Southold. 

The Court allowed the marshall about 26 shillings out ot 
the goods depositted in refiference to the diflferrence betwixt 
Mr. Raymond & Captaine Penny, for his charge & paines in 
& about that businesse. 

[248] At a Court op Ellections held at Newhavbn y^ 80*>» 

May, 1660, fob the Jurisdiction. 

M'. Francis Newman was chosen Gtouerno'. M"". WiH 
Leete chosen Deputy (Jouemo'^. M^ Mathew Gilbert chosen 
Magistrate at Newhaven. M'. Robert Treat chosen Magis- 
trate at Milford. M'. Jasper Crane chosen Magistrate at 
Brandford. Y« Gtouern' & Deputy Gouerno', Comissioners, 
M'. Crane the third in y« election, if Gk)d by his pvidence 
should disable either of the other. M'. Wakeman chosen 
Treasurer, & William Gibbard to supply his place, if God by 
his prouidence should disable M'. Wakeman, (who was now 


ricke,) for y discharge of that tnut. WiUiam Qibbard ohoMn 
Secretary. Tho: Kimberly, Marshall. All for the TOtre 

At a Geneball Court held at Nevhatsn fob t* JuBia- 

DICTION, THE 30"" OP MaT, 1660. 

The Deputies p'sented their cirtificates, Yf^ v^re approoed, 
all for the yeare ensuing except Milford Jc Southold, which 
vero only for this p'seut court." 

As an alteration of the printed law concemiug publiqoe 
charges, it Is ordered, that both for this yeare & henceforward 
Tntill further order, that all sheep of a yeare old or aboue 
ahalbe rated but at 15>. 

It is ordered that no act or agreem^ made or done by psons 
Tnder age, biiideing themselues for ycares, shall be accounted 
valid, vnlesse there be y* expresse consent of their naturall 
parents or of some m^strate, or other authority in planta- 
tions where there is no magistrate, and y' no servant shall be 
assigned fro man to man but before the authority of the place 
& by their allowance. 

There beiug a small estate left by Daniell Bradely deceased, 
the court was desired to declare how that estate should be dis. 
posed off, wherevpon it was ordered, that the estate of Daniel 
Bradely (bis iust debts being paid) shalbe divided amongsts 
his relations, viz, his mother, brethren & sisters in equall 
pportions, except Willm Bradely, who being a brother by the 
&ther only, is to have but a half share with y" rest. 

M'. Wells informed that John Budd senior, of Southold, bad 
before & in the p'sence of their freemen, signified his desire 
to lay downe his place of leiftenn', (^w*> he himself now in a 
letter to the gouerno' also declared & desired,) vnto w'' y" 
said freemen gave their conseut, & that the soldiers had for 
some time beeue exercised by Eusigne Charles Olouer, where- 
vpon the court desired that y" said ensign (as propp to his 


place,) doe attend (as cheife in coi^and,) the charge & care 
[249] II of the millitary businesse, vntill y« freemen, accord- 
ing to their liberty, shall make choyce of himself or some other 
to some higher office, as they shall judge meet. 

It is hereby recomended to the freemen of the seuerall plan- 
tations of this colony, as they are furnished w*^ able men for 
such seruice, that they would make vse of their liberty for to 
make choyce of such to the place of a captaine, whom they 
judge meet to vndertake that trust, & p'sent them to y« gen- 
erall court in May next for approbation & confirmation. 

A writeing from Stamford subscribed by 25 of y* inhabitr 
ants, dated May the 28*^, 1660, was p'sented & read, wherein 
Hiey complained of much wrong they had sustained by Indians 
killing their hoggs, w«^ the court tooke into consideration, but 
the Indians not being p'^sent, nor any to testify to the pticuler 
iiguries sustained, it was left to further consideration. 

Vpon information fro Stamford &, otherwise of much damage 
done by Lidians by killing of swine & other cattell, it was 
ordered that in euery plantation due meanes shall be vsed for 
the informing of the Indians concerning the printed law 
against theft, according to the true meaning & extent of it, A 
yt it be declared to them that they must expect to be proceeded 
against according to that law if tliey shall be found breakers 
of it. 

The order made in May (59,) referring to the court of 
magistrates in October following concerning the sizes of shooes, 
wcJ» could not then be attended because the said instrum^ there 
mentioned was not pJ'sent, is now againe referred to y© court 
of magistrates in October next, in all respects as then it was, 
before w®** time Francis Bell engaged to send the said instru- 
ment to Newhaven. 

M'. Walker & Sargeant Baldwin coming to the court, y» 
busines of Paugasett came into consideration & debate, & Sar 
geant Baldwin informed that an Indian, called ^ , the 
I^etor of the meadow called hoggH meadow, had bestowed 
the said meadow vpon him, & the naid Bichard Baldwin 
desired that it might be an appendix to Paugasett, where some 
further p'parations had beene made this winter by fenceing, 



862 BECOBDB OF THI [1640 

for the carrying it 5 to a Tillage, W*^ they intended to parsue. 
jt^inst what was propounded concerning hoggs meadow those 
of Milford objected that it would straiten their plantation if 
that should be granted, to w*^ Sai^ant Baldwin answered 
that he conceived it must &11 one of these three wayes, the 
meadow being his, 1, that either it be an appendix to Pai^ar 
sett, or 2^, that as he is a planter at Milford he may euioy it, 
or thirdly, if Milford have it he may have a vallewable consid- 
eration for it. Concerning V^ meadow the court did nothing 
[250] at this time, but the j| order made in (58,) was read & 
they were told that tliis matter of Paugasett had been 4 or 5 
yeares vnder consideration, & that the cotirt had been often 
exercised w'l* it, and it was now expected that they should 
have heard that Paugasett had been in a settled way to y" 
ends ppounded, before this time; but when the returue is 
given they onely say, they have done something about fenceing, 
& so it is delayed from court to court & held in a dallying 
way for 4 or 5 yeares together. Sargeant Baldwin pleaded 
that he was hindered by obstractions he had mett with by y* 
ordinary at Milford & by sicknesse the last summer, where- 
ypon y* court declared, that they would make triall for one 
yeare more, but if Paugasett become not a village by y^ time 
to the ends ppounded, what was ordered the last yeare they 
expect to be attended, and that if the worke goe not on in the 
meane time to the satisfaction of the court of magistrates in 
October next, Edward Wooster, with any other that is there, 
shall bee remoued & not suffered to line in such an vnsatisfy- 
ing way as now they doe. 

It is ordered that whosoeuer shall, directly or indirectly, sell 
or give any dogg or bitch, whether elder or younger, to any 
Indian, he shall pay to the plantation where such fault is 
comitted as a fine, 40*. 

It is ordered that whosoeuer without license from some 
magistrate, or other authority where there is no magistrate, 
shall sell any wine or cidar by lesse quantity then a quarter 
cask, & of iiquours lesse then 10 gallons, he shall pay sudi 
fine, or sufier such punishm' as is ezprest in y* law concern- 
ing cidar, anno (59.) But where the seller cannot be come 


at, the fine shall be required of the buyer, w^^ fine 'shalbe to 
the plantation where such offence is comitted. 

By way of addition to the law concerning Quakers, anno 
(68,) it is ordered & declared that it is left to the liberty of 
the authority in each plantation, either to inflict such punishm^ 
for the first & second offence' as y* law pvides, or to punish 
them by a fine of S^* for the first offence & by a fine of lO^* for 
the second offence. 

It was propounded that there might be a generall training 
at Newhaven this yeare, of all the soldiers, both horse & foote, 
belonging to the seuerall plantations ; but it being found that 
the fittest season was past, y® spring being so farr spent, it was 
at this time ordered, that all y* horses w^^ either now are or 
before that time shall be listed in y® plantations, w^^ so many 
of the foot companyes as the officers shall now agree vpon, 
(Stamford & Southold, by reason of their distance, being left 
at their liberty,) shall meet at Newhaven the last third day of 
the weeke in September next, to carry on a training for 2 
[261] dayes, for whose encouragm* || it is ordered, that at 
the charge of the jurisdiction a barrell of powder shall be 
prouided for them & then distributed to them. 

The customs & excise of the whole jurisdiction are let out 
to Ensigne Bryan at 30^' for the yeare ensuing, but y* forfeit- 
ures that may be made by non entry, Ac, remaine to the juris- 
diction & informer. 

Vpon weighty grounds p'sented, y« court desired y« gou- 
emo' & deputy gouerno' to goe to Stamford, there to keep 
court; Rich. Lawes & Francis Bell were chosen to assist in y« 
said court ; w^h court hath power comitted to them equall to 
any plantati6 court assisted by two magistrates. It was fur- 
ther ordered, while there is need, that two magistrates shall 
be yearely sent to Stamford to keepe court, at the charge of the 
jurisdiction, y« charge of entertainem* at Stamford excepted, 
w<5^ is to be borne by themselues. And the like priviledg, 
vpon y* same tearmes, is granted to any other plantation who 
shall desire y^ help of two magistrates to be sent to them, 
pvided y® court judge that they stand in neede of such help to 
be afforded to them. 


At the motion of M^ Biehopp, pastour to the church aX 
Stamford, y court also deeired M^. Daveiiport & li'. Peireon 
to goe to Stamford, to afford their counBell & help for y' well 
settling of their church aHaires; but if M^. Davenport, I7 
reason of his veakenes & y' hotnease of the season, do fiode 
himself rnfitt for the journey, it is desired that be would nom- 
inate another in his stead. And the mo^strates to have one 
man, & the elders another, to attend rpon them, at y* jurisdio- 
tion charge, except expences at Stamford. 

It is ordei'ed that 50'' sliall bo paid to tlie gouemo', and 2(fl'' 
to the deputy gouerno'', for the yeare ensuing. 

It is ordered, that the treaeiirer shall buy 2 barrells of 
powder to make ^'p the Jurisdiction stocke, & another barrell 
to be distributed to tlio soldiers at their meeting at New Haven 
in the latter end of September next. 

This Court, while now sitting, have received fro Nath: 
Siluester of Shelter Island, a slanderous &, blasphemous letter 
vnder the couert of another, written with his owne hand, 
together with some information of sundry calumnious and 
opprobrious speeches vttered at SoHthold, against y" courts & 
magistrates of Now England, as well as o^sclues & pticuler; 
ae also that himself (pi-ofcssing to be a Qujiker,) hath beeue a 
frequent barbourer to give entertainem' to y' cursed sect, who 
fro his island have frequently taken oppertanity to come 
amongst 0^ people, soweing the seeds of their pnitious doc- 
trines, & sometimes by grosso affronts, publiquely to make 
disturbance at Southold ; all w<^'' practises are highly offensive, 
dishonorable to God &, contrary to law, & uot to be suffered by 
[252] vs. II Wee therefore order & appoyut, y' forthwith 
100" of y said Nathaniels estate within this Jurisdiction be 
attached & seised, & not to be released vntill this court of 
magistrates have received satisfaction from him for these & 
such like offences, if proued against him, notice being given 
to him to appeare at the court of magistrates held at Newhaven 
the IT"" of October next, then & there to answere these com- 
plaints & what else shalbe charged against him. 

At the desire of tho freemen, M'. William Wells and 0^ 
taine John Youngs were chose deputies for the towne of 


Soattudd for the jeare ensuing, who are authorised to hold a 
oonrt once a quarter, if neede require. Barnabas Horton, 
Barnabas Windes and Charles Glouer, were chosen to bo their 
assistants in that worke, who have equall power & vote with 
tibem dureing the time of sitting in the court, (and no longer,) 
to beare, judg & determine w^^ them of all matters witliin 
their limitts & power formerly granted to the court there. 
And in case that any of these three shall be absent, they 
have liberty to call in any of the freemen, by ioynt consent, 
to supply the place of the absent party or parties. M'. Wells 
k W. Toungs now tooke the deputies oath, who are to admin- 
ister the said oath to the other three aboue named. 

Ypon a motion of some of the deputies, concerning en- 
larging the troop of horse, it is ordered, that any pson or 
psons in any of the plantations within this colony y^ will fiudo 
horses & fumitture for them fitt for sei*vice, when such horses 
with their furniture are in readinesse, and such psons as so 
list fhemselues shall be allowed by y^ authority in that plan- 
tation so to doe, they shall be freed fro paym^ of rates arise- 
ingvponcivell accounts, in reiferrence to their psons k horses, 
w**> grant of such other priviledges as is allowed by this court 
to the troupers already settled, provided, that sucli as so list 
themselues shall alwayes be in readinesse for service when 
called forth, & shall keepe such horses & not dispose of them, 
nor ^ yet vnlist themselues or horses without liberty frO the 
plantation. Also that both those already ordered, & those 
that shall be added, shall traine euery training day, at least 
for this next yeare, & that what number of horses are added 
in each plantation & how furnished, shall m writeing yearely 
be certified to the generall court. 

Whereas this Court is advertised of some dwellers in 
townes within this jurisdiction, who are owners or managers 
of some cattell or other estate w^^ is transcient & fleeting, 
sometimes within & sometimes without the bounds of the 
colony, and so possibly, if no law were prouided accordingly, 
[253] might escape || paym* of rates or publique charges 
any where, it is therefore ordered, that whosoeuer, being an 
inhabitant in any towne in this jurisdiction & standeth poB- 

866 RECORDS OF THE [1660 

sessed or is owner of cattell, or other moueable estate, w^^ is 
transcient, & passing betwixt this jurisdiction & any other, 
w«*» may be there abideing for some space, yet shall retume 
home againe to y« owner here and so abide for a considerable 
time, he shall pay all rates for such transcient estate, as well 
as for what is here more constantly abideing, whether it be 
estate at sea or on shore. 

Forasmuch as yS by some former lawes, this court hath 
taken care in some more generall way to p»'uent inconvenience 
& charge, likely to grow or come to this colony or any of the 
plantations therein, by the idle or euill liveing or miscarry- 
ings of psons here resident, w^h orders, for want of some fur- 
ther extension or explication of some pticulers from whence 
such inconvenience or charges, &c., may grow, & of some other 
psons who may also walke offensively in like practises, did see 
cause to declare that all psons, whether householder, sojourner, 
child, or servant, shall be found & convict before any of the 
magistrates, or other settled authority of the towne where it 
is done, to meet or company together in any kinde of vaine 
manner or vnseasonable time, whether by day or by night, to 
mispend & wast the p^^tious talent of these gospell seasons of 
grace w*^^ we yet enioy, to the hurt & hinderance of religeous 
education in all godlynes & honesty, (vnto w^^ formerly the 
youth of New England have vsed to improue time by meet- 
ings more frequently after a godly sort, to the encouragem^ 
of the hearts and strengthening of the hands of magistrates, 
ministers & parents, in the workes of Christs gouerment vnder 
their seuerall hands respectively, then of later yeares can be 
observed,) now y^ it may more clearely be vnderstood what 
we judge to be such miscarriages or misdemeano"^" amongst 
such psons, as doe thus tend to discourage Gods worke vnder 
o"^ hands and may proue hurtfuU & hindersom to the profitting 
. of o' posterity riseing,) Wee doe expresse, that not onely such 
night meetings vnseasonably, but corrupt songs, & foolish 
jesting, or such like discourses, wanton & lascivious carryages, 
mixt dancings, imoderate playing at any sort of sports & 
games, or meere idle liveing out of an honest calling indus- 
triously, or extravagant expences, by drinking, apparrell &c., 


have all & euery of them such a tendency ; All w^^ we desire 
& appoint should be duely witnessed against by the authority 
in each plantation, according to their discretion, all circom- 
stances being duely weighed, according as they shall appeare 
to aggravate or lessen y« offence or offences; And the 
[254] II fiEunilies or family gouerno>^" ouer such psons, are 
required to observe & give information of all psons vnder 
their respective charges herein, vnlesse they intend to be ac- 
counted accessary to the offences of such as are vnder their 
power, & to be dealt withall accordingly. 

Henry Tomlinson of Stratford, haveing beene called before 
the court of magistrates in October last, to answere for an 
vniust molestation of our gouerno'^ by an arrest at Gonnecti- 
cote in September 1659, was then bound ouer to this court, 
who being called, appeared. Y« record of court concerning 
him in October being read, & therein the case depending 
being rep>^sented, y® deputy gou'no^ declared, that he heard 
what had past formerly, now what convictions he hath since 
had of his evill in this matter, if he had ought to say, the 
court would heare ; but if be would defend the case, they 
were ready to heare that also. Vnto w^** Henry Tomlinson 
answered, that he came not to justify himself, but saw cause 
to condemne himself for acting as he had done, & confessed 
that he wanted words to expresse himself as the case requires. 
The court and sundry others that were p'^sent, haveing ex- 
pressed to Hen: Tomlinson the deep sence they had of his 
evill in the carriage of this matter, as distructive to gouerm^ 
and good order & the peace of the colonyes. Hen : Tomlinson 
being ill in body, they left it with him to consider off & 
respitted the matter vntiU the morrow for y® issue of it. 

On the morrow the deputy gouerno' declared to him y* 
before the court spake to him, they would yet heare what he 
had to say, but they would not have it vnderstood y^ they 
begged an acknowl^dgm^ of him, for they knew how to doe 
iustice in the case, but desired him to deale cinserely & vp- 
rightly in what he spake ; wherevpon he exprest himself as 
in a writeing subscribed by him. doth appeare, w<^^ is as fol- 

868 RECORDS OP TAE [1660 

Henry Tomlinson declared that ^en y^ basinesee concern- 
ing the forfeitures of wines & liqueurs was issued by the court 
here, he was well satisfied, & so was his wife for ought he 
knew, & then resolued to rest in what was done ; yet after- 
wards his wife relateing the case to a man, (not of Connecti- 
cote colony,) he told her that there might be releife, & advised 
to bring it about in Connecticote court, yet his minde was 
still to let it fall, but his wife was earnest with him to have 
the matter called ouer againe, w^^ he being not willing to, 
endeavoured to hide the time of the meeting of the comis- 
sioners fr6 her, but she was told by a man w^^ came to their 
house that comissioners had been sitting a weeke ; vpon y^ 
shee earnestly prest him to prosecute the businesse, whose im- 
[255] portunity was such y^ he could not be quiett, either || at 
bed or board, but his house was euen a prison to him ; vpon 
w*^*" he went to Connecticote & got a warrant fr6 the secretary 
& acquainted M^ Allen & Mr. Talcote with it, who were dis- 
pleased with him, neuerthelesse he proceeded in this action, 
ye euill whereof he hath beene shewed by M"". Davenport & 
others, for w^^ he sees cause to judg himself as acting in a 
way distructive to the peace of the colonyes ioyned in combi- 
nation ; he said that he was convinced that it was a great sin 
to rise vp against y® gouernc^ in such a manner, w«^ is a 
breach of the 5*^ commandm* ; and whereas the rule enioynes 
him to live peacably w^*» all men, as much as in him lyeih, 
he confessed that he had not attended this rule, & professed 
his sorrow for yeelding to the importunity of his wife ; he 
further said, he saw the act itself was a great pvocation of 
God, & iustly oflFensive to y® people of God, a very injurious 
molestation to & slaunder of y« gou'nc, & grosse affront, a 
high disturbance to peace & soweing seeds of such contension 
amongst the colonies as might grow to a quarrell in time, w«*> 
he sees to be a breach of y® 6^*^ & 9th comandm^", & greatly 
aggravated, for that he hath alwayes formerly & still doth see 
cause to justify the courts proceedings in that businesse as 
legall, & onely that they were by some testimonies misinform- 
ed ; he desired that God would help him further to see his 
sinne, & y^ it may be a warning both to himself & others for 
attempting the like, w*^*^ if any should doe, he should judge it 
his sinne, & as the fruit of his evill example. 
This writeing being read in the Henry Tomlinson. 

p'"sence of Henry Tomlinson, was 

by him subscribed, this 2<* of June, (60,) 

in y« p^sence of John Hodsho, J6 Harriman. 

The Court told Hen: Tomlinson that they looke vpon his 

1660] JURiSDicnoN of new haten. S69 

fjBLCt as tending to ouerthrow o^^ gouerment, throwing vp of 
foundations, as 'warring against the Kinge of peace, y^ hath 
so long continued peace amongst the colonyes ; hee was wisht 
to consider that its one of those things that God hates, to sowe 
discord among brethren, but to sowe discord among bi*othcr 
colonies, (as we may say,) is a high provocation of God, as 
being a soweing discord amongst thousands of brethren, and 
that he should be the first, as a ringleader in such a way as 
tendeth to y* violation of our peace, (as much as in him 
lyeth,) it concerned him sadly to lay it to heart. After w^** 
y* deputy gouernour, in the name of the court, by way of 
sentence declared, that they had considered the case as it hath 
beene rep'sented, they had alsoc considered the acknowledgm* 
he had made & y* pcnitenciall frame ho scemcs to l)c in, & 
although they might thinke of a higher censure then they 
shall now declare, yet they desired to shew themselucs mei> 
cifull, meeting repenting men, and thercfoiiD do declare, that 
[256] what acknowledgm* he hath || made, shall be drawnc 
vp in writeing & subscribed by him, and that they lay vpon 
him a fine of 100^', for which he is to give his bond, w^'» 100^', 
the court will call for w" they see cause, and that he pay 
the charges to the marshall & remaine vnder his care vntill 
this be done. 

It is ordered that the deputies for Newhaven & Captaine 
John Youngs, (if he by the prouidence of God shalbc here 
pi^sent,) shall recomend this case foregoing to the considera- 
tion of the honoured Comissioners for the Vnited Colonyes, 
at their next meeting in Sept: next. 

Richard Lawes & Francis Bell were chosen <fe swornc con- 
stables for Stamford for the ycare ensuing, who have the same 
power comitted to them as y*^ constable there formerly had. 

A writeing was pi^sented by the Reucrend M^ John Daven- 
port as followeth, , 

Quod fcelix faustumq; sit,! 
On the 4*-h day of the 4^^ Moneth 16(50, Jo" Daven- 
port, pastor to the church of Christ at Newhaven, 
p'-scnted to the llon^: General Court at Newhaven as 



870 RECORDS OF THE [1660 


1 That sundry yeares past, it was concluded by the said gen- 
erall court that a small colledg, (such as the day of ^piall things 
will pmitt,) should be settled in Newhaven, for the education 
of youth in good litterature, to fitt them for publick services 
in church & comon wealth, as it will appeare in the publicke 

2 Herevpon the said John Davenport wrote vnto our Hon^: 
freind Edward Hopkins Esq;, then liveing in London, the 
result of those consultations ; in answere wherevnto the said 
Edward Hopkins wrote vnto y® said John Davenport a letter, 
dated the 30*^ of the 2d moneth, called Aprill, 1656, begin- 
ing with these words. Most deai'e S*^, the long continued 
" respects I have received from you, but especially the speake- 
" ings of the Lord to my heart by you, have put mee vnder 
" deepe obligations to love, & a returne of thankes beyond what 
" I euer have or can expresse Ac, then after other passages, 
" (wc*» being secretts hinder mee from shewing his letter,) he 
" added a declaration of his purpose in reference to y« col- 
" ledg about w^^ 1 wrote vnto him, That w^^ the Lord hath 
" given mee in those parts, I ever designed the greatest part of 
" it for the furtherance of the worke of Christ in those ends 
" of the earth ; and if I vnderstand that a coUedge is begun & 
" like to be carried on at Newhaven for the good of posterity, 
[267] " I shall give some encouragm^ therevnto. || These 
are the very words of his letter, but, 

3 Before M^ Hopkins could returne an answere to my 
next letf, it pleased God to finish his dayes in this world, 
therefore by his last will & testament, (as the copie thereof, 
transcribed & attested by M^ Tho Yale, doth shew,) he comit- 
ted the whole trust of disposing his estate in these countryes, 
(after some psonall legacies were paid out,) vnto the pub- 

* The project of establishing a College in the colony was entertained very early ; 
thus we find that the town of New Haven, at a meeting March 23, 1647-8, directed a 
committee, appointed to dispose of vacant lots, "to consider and reserve what lot 
they shall see meet and most commodious for a coUege, which they desire may b« 
set np so soon as their ability will reach thereunto." N. H. Col. Rec. i. 376. 

The subject was brought before the General Court for the Jurisdiction at least as 
early as 1662, as we learn from the records of Guilford, under date of June 28 of that 
year, when that town voted, that the matter about a college at New Haven is thought 
to be too great a charge for us of this jurisdiction to undergo alone, especially, con- 
sidering the unsettled state of New Haven town, being publicly declared from the 
deliberate judgment of the most understanding men to be a place oi no comfortable 
subsistance for the present inhabitants there ; but if Connecticut do join, the planters 
are generally willing to bear their just proportions for erecting and maintaining a" 
college there. However they desire thanks to Mr. Goodyeare for his psoffer to the 
setting forward of such a work. See also p. 141, ante. 


lick vses mentioned, & bequeathed it to o' late Hon<^: Gou- 
emo', Theoph: Esq ;, his father in law, & to the aforesaid John 
Davenport, & ioyned with them in the same trust Captaine 
John CuUick & M'. William Goodwin. 

4 It haveing pleased the Most High to aflBict this colony 
greatly by takeing from it to himself 0"^ former euer hono'** 
gou'no"" M'. Eaton, the surviving trustees & legatees met to- 
gether to consider what course they should take for y« discharge 
of their trust, and agreed that each of them should have an 
inventory of the aforesaid testatours estate in New England, in 
houses, & goods, & lands, (w^** were prized by some in Hart- 
ford intrusted by Captaine Cullick & Mr. Goodwin,) & in 
debts, for the gatliering in whereof some attorneys were con- 
stituted, impowered & imployed, by the three surviving trust- 
ees, as the writeing in the magistrates hands will shew. 

5 Afterward at another meeting of the said trustees, they 
considering that by the vrill of the dead, they are ioyned 
together in one comon trust, agreed to act w^*> mutuall con- 
sent in pformance thereof, and considering y* by the will of 
the testatour, two of Newhaven were ioyned with two of 
Hartford, & y^ M"". Hopkins had declared his purpose to fur- 
ther the coUedg intended at Newhaven, they agreed that one 
half of that estate w^h should be gathered in, should be paid 
vnto M'. Davenport for Newhaven, the other half to Captaine 
Cullick and M^ Goodwin, to be improued for y® vse&.^^nds 
forenoted, where they should have power to pforme.t^ir^rust, 
w°h because they could not expect to have at fiartford, they 
concluded it would be best done by them in that newplantar 
tion vnto w<^*» sundry of Hartford were to reiMu^ ^' were 
now gone, yet they agreed that out of the wtole,'OTi 100^ » 
should bo given to Jhe coUedg at Cambridg iiT' the Bay, the 
estate being 1000*, as Captaine Cullick beleeued it would bee, 
w^h we now sec causi" tJcTdoubt, by reason of the sequestra- 
tions laid vpon that estate & still continued by the generall 
court at Hartford, wherevpon some refuse to pay their debts, 
& others forsake the purchases they had made, to their great 
hinderance of pforming the will of the deceased according 
to the trust comitted to them, & to the endamagem* of the 

6 The said John Davenport acquainted y« other two trus- 
tees with his purpose to interest the Honored Magistrates & 
[258] Elders of tliis Colony in y® disposall || of that part of 
the estate that was by their agreement to be paid therevnto, 
for promoueing the colledg-worke in a graduall way, for the 
education of youth in good literature, so farr as he might 
w^*> p^serving in himself y« power comitted to him for the 

872 RECORDS OP THE [1660 

discharge of his trust. They consented therevnto. Accord- 
ingly 6 y« ellection day, it being the 30**» day of the third 
moncth, he delivered vp into the hands of the Hon^: Gou- 
erno'^ & Magistrates the writeings that concerne this busi- 
nesse, (viz. the copie of M^ Hopkins his last will & testam^ 
& ye inventory of his estate in New England, & the apprizm^ 
of his goods, & the writeings signed by y** surviveing trustees 
for their attornyes, & some letters between the other trustees 
& himself,) adding also his desire of some pticulers for the 
well pforming of the trust, as foUoweth, 

1 He desireth of Ncwhaven towne, that the rent of the 
Oystcr-shell-feild, formerly scperated & reserved for y« vse & 
benifit of a colledge, be paid fro this time forward towards 
the makcing of some stocke for disbursment of necessary 
charges towards y* colledg til it be set vp, & afterwards to con- 
tinue for a yearly rent as belonging to it, vnder the name & 
title of colledg land. 

2 That if no place can l>e found more convenient, M'». 
Eldreds lott be given for the vse of the colledg, & of y® colony 
gramcr schole, if it be in this towne, else onely for the colledge. 

3 That parents will keepc such of their sonns constantly to 
learning in the schooles whom they intend to traine vp for 
publick serviccablencs, & that all their sonnes may learn at 
the, least to write & cast vp accounts competently, & may 
make some entrance into y® Lattinc tongue. 

4 That if the colony settle 40'' p annum for a coraon 
schoole & shall add an 100^ » to be paid towards y® building or 
buying of a schoole house & library in this towne, seeing 
thereby this* towne will be freed fro the charges which they 
have beenc at hitherto to maintaine a towne schoole, they 
would consider what part of their former ^lary may be still 
continued for future supplies towards a stock for necessary 
expences about the colledg or schoole. 

2 He humbly desireth the Hon''*^ General Court of y^ Col- 
ony of Newhaven,^r5^, that the 40^' p annum formerly agreed 
vpon to be paid by the seuerall plantations for a coihon graih- 
er-schoole, be now settled in one of the plantations, w^^ they 
shall judge fittest, & that a schoolemaster may forthwith be 
prouided to teach the three languages, Lattine, Greeke & He- 
brew, soe far as shall be necessary to p^pare them for the 
colledge, & that if it can be accomplished, that such a schoole- 
master be settled by the end of this summer or the begin- 
ing of winter, the payments fro y^ seuerall plantations may 
begin fro this time. 

Secondly^ that if the cofhon sclioole be settled in this towne, 
the Hon*"*^ Gouerno"", Magistrates, Elders & Deputies, would 


solemnly & together visit the gramer schoole, once euery 
yeare at the court for elections, to examine y* schoUers pflS- 
ciency in learning. 

[259] Thirdly^ y^ for y° payments to || bee made by the plan- ^^ 
tations for the schoolo, or out of M^ Hopkins estate towards 
the coUedge, one be chosen by themselues, vndor the name & 
title of Steward or Receiver for the schoole & colledg, to who 
such pajrm^" may be made, w^^^ full power given him by the 
court to demand what is due & to psecute in case of neglect, 
& to give acquittances in case of due paym^» received, & to 
give his account yearely to the court, & to dispose of what he 
receiveth in such pvisions as cannot be well kept, in the best 
way for y* aforesaid vses, according to advice. 

Fourthly^ that vnto that end a comittee of church members 
be chosen, to meet together <k consult k advise, in emergent, 
difficult cases, that may concerne y° schoole or colledge & 
which cannot be well delayed til y** meeting of the general 
court, the gouernc^ being alwaycs the cheife of that committee. 

Fiftly^ the sd John Davenport desireth y^ while it may 
please God to continue his life & abode in this place, (to the 
end that he may y^ better pforme his trust,) in reference to 
the colledge, that he be alwayes consulted in difficult cases, & 
have the power, of a negative vote, to hinder any thing frO 
being acted w^** he shall proue by good reason to be p'^judiciall 
to the true intendment of the testatour, & to the true end of 
this worko. 

SixUy^ that certaine orders be speedily made for the schoole, 
and when the colledge shall proceed, for it also, that y® edu- 
catio of youth may be carried on sutably to Christs ends, by 
y« counsail of the teaching elders in this colony ; and that 
what they shall conclude with consent, being ajjproued by y® 
hon''ed magistrates, be ratified by the General Court. 

Seaventhly^ because it is requisite that the writeings w^i* 
concerne M^ Hopkins his estate be safely kept, in order there- 
vnto the said John Davenport desireth that a covenient chest 
be made, with 2 locks & 2 keics, & be placed in y<^ house of 
y« gouerno'' or of the steward, in some safe roome, til a more 
publick place (as a library or the like) may be p'^pared, & that 
one keye be in the hand of the gouerno'', the other in y« 
stewards hand ; that in this chest all the writeings now de- 
livered by him to the magistrates may be kept, <fe all other 
bills, bonds, accquitances, orders, or whatsoeuer writeings that 
may concerne this busines be put & kept there, and that some 
place may be agreed on where the steward or receiver may 
lay vp such prouisions as may be paid in, til they may bee 
disposed of for the good of the schoole or colledge. 

874 BEOOBDS OP THE [1660 

Eightly, because o' sight is narroT & veake in viewing 
and dificerning the compasse of things that are before ts, 
much more in foreseeing future contiogeaciea, he further 
craveth liberty for himself & other elders of this colony, to 
ppound to the Uon"' Goveruo^ & Magistrates, what hermfter 
may be found to bo conducible to the well carrying on of this 
trust according to the ends proposed, & y* such proposals may 
[260] II be added vnto these, vnder the name & title of \SE- 
FUL ADDITIONALLS, and confirmed by the General Court. 
Lastly, he hopeth he sliall not need to add what he ex- 
pressed by word of mouth, that the Hon'^ General Court 
will not suffer this gift to be lost fro the colony, but as it 
becomcth Fathers of the Commonwealth, will vse all good 
endeavo''' to get it into their hands & to assert their right in 
it for the com6 good, tliat posterity may reapo the good fruit 
of their labours & wisdom & faithfullnes, & y' Jesus Christ 
may have the service and hono' of such prouision made for 
his people, in who I rest. 

To these motions I desire that the John Davenport, 

answere of the court, together w"> 
this writeing, may be kept among the 
records for y^ schoole & colledge. 

The Court being deeply sensible of the small pgresse or 
pffioiency in learning that hath yet beene accomplished, in 
the way of more pticuler townc schooles, of later yeares in 
this colony, and of tlio great difficulty & charge to make 
pay &c, for the maintaining children at y° schooles or col- 
ledg in the Bay, and y' notwithstanding what this court did 
order last yeare or formerly, nothing hath yet beene done to 
attaine the ends desired, vpon which considerations & other 
like, this court for further encouragem* of this worke doth 
now order, that ouer & aboue y^ 40'' p annum, granted y* 
last yeare for the end then declared, y' 100" stocke shall bee 
duely paid in from the jurisdiction treasury, according to the 
manner & times agreed & expressed in the court records, 
^veing & granting that special! respect to o' brethren at 
Newhaveu, to be first in imbraceing or refuseing the courts 
encouragem' or prouision for a schoole, whether to be settled 
at Newhaven towne or not ; but if they shall refuse, MilfOrd 
is to have y" next choyce, then Guilford, <fe so in order euery 
other towne one the maine within the jurisdiction bare their 
liberty to accept or refuse the conrts tender, yet it is moet 


desired of all that Newhaven would accept the businesses as be- 
ing a place most pbale to advantage the well carrying on of the 
schoole, for y« ends sought after & endeavoured after thereby ; 
but the colledg (after spoken of) is affixed to Newhaven, 
(if the Lord shall succeed that vndertakeing.) It is farther 
agreed that all & euery plantation who have any minde to 
accept the propositions about the schoole, shall p^^pare & send 
in their answere vnto the comittee chosen (of all y« magis- 
trates A settled elders of this jurisdiction, to order, regulate 
& dispose, all matters concerning the schoole, as the pro- 
uideinginstrum** & well carrying o of y« businesse, frO time 
to time as they shall judg best,) before the 24*^ of June 
[261] instant, that so if any plantation doe accept,^ || the 
comittee may put forth their endeavours to settle y® businesse; 
but if all refuse, then it must be suspended vntil another 
meeting of this general court. 

And for further encouragement of learning, & the good of 
posterity in that way, M'. John Davenport, pastor of y« 
church of Christ at Newhaven, pi'sented a writeing, (as be- 
fore appeares,) whereby & wherewith he deliu'ed vp all his 
power & interest, as a trustee by M^ Hopkins, for recouering 
& bestoweing of all that legacy given by him, for the end of 
furtherance to the settlem* of a colledg at Newhaven ; he 
also propounded therewith, what he app^^hends hath beene 
gmnted & sett apart by the towne of Newhaven for the same 
end, w**> a request that matters thereabout might be ordered 
& carryed on according to such ppositions as are therein sett 
downe. All w^^ the generall court tooke thankfully, both 
fro the doners & M^ Davenport, and accepted the trust, and 
shall endeavour by Gods help to get in the said estate & im- 
proue it to the end it was given for. 

By way of further answere to what was propounded by Mr. 
Davenport in his writeing p^'sented, the court declared that it 
was their desire that the colony schoole may begin at the time 
propounded, & to that end desire that endeavours majr be put 
forth by ye comittee of magistrates & settled elders formerly 
appointed for the pvideing a schoolemaster, &c., to who also 
they leave it to appoint a steward or receiver, w*'** steward or 

876 BBOORDS OP THE [1660 

receiTer they impower as is propounded, and to settle a coSiit- 
tee &o among themselues to issue imergent cases, & to take 
order that a chest be prouidcd wherein y< imteings may be 
laid vp that concenie this businesse. The court further 
declared that they doe invest H'. Davenport with y power of 
a negative vote, for the reason £ in y« cases according to the 
tearmes in his writciiig specified, and that they shall be ready 
to coofinne suchorders as shalbe presented w"" in the judg- 
ment of the court shall be conducible to the maine end 
iu tended. 

It is ordered for encouragment of such as shall dilligently 
& constantly, (to the satisfaction of the civell authority in each 
plantation,) apply themselues to due vse of means for the 
attainem^ of learning, woi> may fitt them for publick service, 
that they shall bee freed fro paym' of rates with respect to 
- their psons ; pvided, y' if any such shall leave off or not con- 
stantly attend those studies, they shall then be liable to pay 
rates in all respects as 'other men arc. 

It is ordered that if the colonic schoole shall begin any time 
within the first half yeare fro this court of ellectio, y' 40'' shall 
be paid by the treasurer for this yeare, & if it shall begin at 
any time before the election next, that 20" shall be paid by 
y* treasurer vpo that account. 

[262] II To tlic printed law, concerning the education of chil- 
dren, it is now added, that the sonnes of all the inhabitants 
within this jurisdiction, shall (vuder y* same penalty) be 
learned to write a ledgible hand, so soone as they are capable 
of it. 

The constables of Stamford were desired to vse their 
endeavours to arrest the pson of Itich: Grabb of Greenwich, A 
to talte security to the valine of ^'', for his appearance before 
the court to be held at Stamford, to give answere for such 
delinquencies as shall be charged vpon him. 

It is ordered that a rate of 200" shall be leuied vpon the 
seuerall plantations & y" proprietors at Paugaset, according 
their pportious, the one half to be paid by the middle of Octo- 
ber nest, the other half by the middle of March following ; in 


fofib pay A at such prises as was ordered 27 May, 57, w^^ is 

thus i»roportioned, 

Newhaven, 71 12 02 

MUford, 43 01 02 

Guilford, 26 01 08 

Stamford, 26 03 02 

Southold, 17 01 06 

Brandford, 14 11 08 

Paugasett, 01 08 08 

200 00 00 

At a MEETmo or the Comittee for the Schoole, 28*^ June, 


There was p»'sent, the Gouerno'', ye Deputy Gouerno'', M^ 
Treat, M'. Davenport, M^ Street. 

It was agreed that M^ Pecke, now at Guilford, should be 
schooleioaster, & that it should begin in October next, when 
his half yeare expires there ; he'is to keepe y*^ schoole, to teach 
the schollers Lattine, Greek and Hebrew, & fitt them for the 
coUedge ; & for the salary, he knowcs the alowance fro the 
colony is 40^» a yeare ; and for further treaties they must leave 
it to Newhaven, where the schoole is ; and for farther orders 
concerning the schoole & well carrying it on, the elders will 
consider of some against the court of magistrates in October 
next, when things as there is cause may be further considered. 

M"". Crane & M*". Peirson came after the businesse was con- 
cluded, & what is aboue written was read to them & they fully 
approued of it, & after that, being read to M^ Gilbert, he 
approued of it also. 

[263] At a Court op Magistrates, held at Newhaven 

OCTOBr 17, 1660. 

There was p»"sent y« Deputy Gou'no% M^ Gilbert, M^ 
Crane, M'. Treate. 
The businesses referred to this court in May last, concern 


878 HBCORDB OP THfi [1680 

inge Sam: Plnmb, Francis Browne & Edward House, being 
called vpon, the deputy gouerno'^ declared, that the gouemour 
(who was now sick) hath received a letter fro M*". Rawson of 
Boston, concerning this businesse, who therein fro a letter fro 
England, complaines of much wronge done to Edw: House not 
being taught the trade of a brickmaker, to w^h John Strange 
of Boston, his first master, stood engaged to doe, and by being 
held in service 8 monethes byond the time sett by his inden- 
ture, a coppy whereof sent by M'. Rawson, (but not attested,) 
was p^'sented & read. Concerning the eight monethes service, 
(w<^*» was mentioned by M^ Rawson,) but found to be but fro 
Aprill to October, & so but 6 moneths, Sam: Plumb appealed 
to the records in October (59,) & thence he pleaded that in 
liew of that 6 moneths service, hee was enioyned to transport 
him to Boston, w^^ he would have done but Edward House 
was not willing to goe ; he further pleaded that his service was 
worth but little, for vpon his desire he being lett bloud, his 
sore festered, w«*» disabled him for service a moneth or six 
weeks, besides a fortnights sicknesse in harvest. They were 
asked what endeavours they had vsed to learne him the trade, 
but they could not make ought appeare that they had done 
that way, who both affirmed that they knew not that he was 
to learne the trade. Sam. Plumb said that he was not fitt for 
the trade when he came to him, for he could not bend his knee 
by reason of the scurvy, w^h (as he vnderstands) he tooke a 
shipp board by eateing brewis, his m»" being cooke. Francis 
Browne said that he was so diseased while he was with him 
that hee cost him neare 5*». 

This part of the businesse, as it referred to Edward House, 
haveing beene heard, y® action of Samuel Pluml) against 
Francis Browne came to be considered, & he declared that the 
said Francis Browne had sould to him y« remander of service 
fro Edward House by indenture to one Jeffs, w^^ was 9 yeares 


fro the first of May, 1653; w*^^ indenture the court judged 
invalid in October last, & therevpon Edw. House was sett free 
fro his service, for w*^^ remander of time he demanded of 
Francis Browne 20i"». 
Francis Browne acknowledged the aforesaid agreem^ with 


Samuell Plumb, w«*» he sd he then judged he might doe by 
virtue of the indenture to Jefis, w«*» it seems the court 
approued not but layd aside as invalid; he submitted the 
case betwixt Sam. Plumb & himself, to the judgm^ of the 
court, but withall declared that he had received much wrong 
fro him of who he bought Edward House oflF, fro who he must 
seeke his right as he may; he desired the court to consider 
whether the demands of Sam. Plumb be not far aboue what 
there is ground for. 

[264] II After the plaint' & defendant had exprest what they 
had to say in the case, the court declared, that they looketir 
vpon Francis Browne as haveing acted imprudently in this 
matter, (but fi*audulently they see not,^) they also looke vpon 
the boy Edward House as vnder infirmity of body, and doe 
therefore order, that Francis Browne doe pay (for the time of 
service from Edward House, sould to him, beyond what doth 
appeare to be his right to sell,) 10^> in current pay, w^*»in one 
yeare, w^glhe charges of the court 10". 

For the discharging of the said 10^», 10% Francis Browiie 
now engaged to Samuel Plum 8'» in wheat & peaMB, due from 
Samuel Steele at spring next, to be paid at Hartford, & to pay 
50"" in wampom within three moneths, for y« performance 
whereof the security taken already at Stamford to remaine 
vntill this be done. 

Francis Browne did also engage to the court to referr the 
question concerning the trade of brickmaker to indiflFerrent 
men to judg of when the court shall require him so to doe, 
vnless M'. Rawson shall see cause to let that claime fall, fro 
what shal be suggested to him concerning the case. 

M'. Wakeman & M'. Auger in behalf of the creditors to the 
estate of M'. Stephen Goodyeare deceased, appeared to prose- 
cute an attachm^ vpon the estate of M'. James Mills, to the 
vallue of Wk M'. Mills being thrice called, anwered not, 
wherevpon the court ordered the attachm^ to remaine vntill 
further order, & that iust damages & charges shall be allowed 
by the defendt when y® case is tryed. 

Joseph Meade, attorney for Abraham Frost, appeared to 


prosecnte Id bu action of slaimder agunst Bich. Grabb, irtio 
being called, answered not. 

Ensiguo Bryan had liberty fro the court to remoae the 800 
bush: of salt depositted by Captaiue Johu Fenny, to some other 
wareliouso where it may be safely kept & p' served, y" irastii^ 
of the salt & warehouse roomc remains to be considered. 

Captaiue Nathaniel Siluester being bound ouer to this court, 
& ccrtaine goods of his attached for his appearance, being 
' called, answered not, W^'' attachm^ is to remaine and he 
enioyncd to make his appearance at the court of magistratea 
tiie second day of the weeke next before y election in May 
next, to answerc such complaints as are specified in the order 
of y* geu: court concerning him in May last, w"" what els shall 
be charged i^ainst him. 
[265] 11 John Archers of Stamford, plainteife in an action of 

the caso concerning a liorse, against Francis Browne of 

Stamford, defendt, declared, 

That he had a horse, about the moneth of Febniary, 1659, 
W"'' Francis Browne bad a miude to, after some treaties betizt 
them, thoy oune to an agreem' that Francis Brown should 
have his horse, (w^i" he deliu'ed to him,) for which horse he 
was to have his clioyco of Francis Browns horses or 13" in 
pease & wheate, but he fcareiug that corue would fall short, he 
released the corno <fe desired of the defendt a horse, according 
to agrccmS but instead of a choycc out of all his horses, the 
defendt p'seuted a horse, of 2 yeares old, w'' if he liked not 
he ipust stay till his other horses came vp, w""" be was not 
willing to doe, & did therefore comence this sute against the 
defendant; for clearcing of tlie case, the plaint p'sented in 
writeing tlicse following testimonies. 

The testimony of goodman Newman, aged about 50 yeares, 
he saith, that he 'jeing at Robt. Poyiiers, heard John Archer 
& Francis Browne make a bargaine together; goodman 
Browne said to John Archer, if you will let mee have your bay 
horse you hought.of goodman Stokey, I will let you have the 
choyce of my horses, or ISi' in pease & wheate; afterward I 
heard that the bargaine was broke, I meeting them afterwards 
seuerally, I told them that I heard tliat they had broke the 
bargaine, they told mee they bad onely broken Uie bargaine 


of wheat A pease, & that y chojce about the horses stood ; 
tills bargaine was made in y* winter 1659. 
Stamford, October 13, 1660, given in vpon oath before me, 

Richard Law. 

The testimony of Cornelius Jones vpon oath, he saith that 
John Archer was to have the choyce of all Francis Browns 
horses for a horse of John Archers w^^ he had of Goodman 
Stokey, & in case the horses did not content John Archer, then 
Francis Browne was to pay John Archer 18i» in pease & 
wheat, to be paid in the spring come twelue moneth, w<^*» will 
be in the yeare 1660. Richard Law. *' 

This I can say, that I heard Francis Browne say, y^ Jo: 
Archurd was to have the choyce of all his horses, for a hone 
y* Francis Browne had of John Archer, this was their agreem* 
about y- IV^ of February, 1659. 

Given in vpon oath before mee, Peter Disbrow. 

Rich. Law, Octob 15t»i, 1660. 

The testimony of Richard Ambler, vpon oath he saith that 
Francis Browne did say that John Archer was to have the 
choyce of all his horses, & y^ was the bargaine, & this Francia: 
BrowmijE^wned in my pi^sence. Rich: Law. 

I, Stephen Clawson, can testify if occaision, that I was in 
p'sence when John Archerd & Francis Browne discoursed 
about the horse, & Francis Browne told John Archer that 
[266] II hee should have the choyce of all their horses, .that 
was his bargaine, wherevnto I set my hand, 

Stephen Clawson. 

The defendant granted that he had a horse of y® plaint*, 

(w«*» his fancy led him to,) w^^ horse fell sick and he thought 

would have died, w^^ he rideing to Norwalk tired that he was 

forced to dragg five miles, w*^^ he kept all whiter vpon charge, 

w«*» he in May following proffered to the plaint' againe but he 

refused to accept him, vpon w<^^» he endeavoured to gett vp his 

horses, that John Archer might have his choyce, but the 

tearmes of agreem^ was, that he was to have his choyce of a 

horse when they came vp, for the proofe of w^^ agreem^ y« 

defendt pi^sented the testimony of Joseph Meade, Martha 

Brown & Tho. Browne, as folio we th, 

Joseph Meade, aged about 30 yeares, vpon oath hee saith, 
that John Archer told him that he had put his horse away to 
Francis Browne & he was to have one of the best of his horses 
when they came vp. Stamford, October 16, 1660. 

Richard Law. 


882 RECORDS OF THE [1660 

I, Martha Browne, doe hereby testify the bargame w^^ my 
husband made with John Archer about a horse was this, my 
husband was to have a horse of John Archer & John Archer 
was to have the choyce of my husbands horses when they came 
vp. Tliis was given in before mee, 

Richard Law. 

Tho: Browne, aged about 22, vpon oath he saith, y^ John 
Archer told him that he had changed away his horse to Fran- 
cis Browne, & was to have y« choyce of his horses when they 
came vp. Stamford, October 16, 1660. 

Rich: Law. 

* 'fSf ^^^ defendt professed that he had vsod all possible meanes 
for the findeing of his horses, by himself & others, pticulerly 
Jonathan Lockwood & Joseph Mead, ye latter now aflSrmed 
that he hath (at the desire of Francis Browne) spent mony to 
get vp horses to sute John Archer, but could not finde them ; 
the defendt further said that he tendered the plaint' a ambling 
horse w^^ he road vpon, w^^ was not accepted, & had also ten- 
dered a black horse & 40« in corne, & to take the horse againe 
if Archer had not disposed of him before he foimd his other, & 
then he should have his choyce, for the proof whereof y« testi- 
mony of Rich. Law was p"^sented & read as foUowcth, 

Thcise may certify the worr^^ court, that in my p^sence 
Francis Browne did proffer John Archer in leiw of his horse 
he had of John Archer, a black horse he had in hand, w^^ by 
[267] estimation full as good as that horse y^ Fran. Brown || had 
of John Archer, & 40 shillings to be paid in corne, also Francis 
Browne proffered J6 Archer if he could not make his markett 
of that black horse before hec could get vp other horses, John 
Archer should have his choyce of other horses k he would 
take ye black horse againe, if Archer would deliver him in 
good state as he was then in. 

The plainteife granted that a horse was tendered, but such 
(he said) as was not worth 7^» for his market, but Joseph Mead 
now in court said that the horse was a substanciall, well 
growne horse. 

The plaint further said that the defendt not p^senting him 

with a horse to his content, the came to treat about corne, & 

he proffered to accept of 12^» wheat & pease in March next, but 

.the defendt not consenting, there vnto, but to pay 4^* of the 12 

1860] juBisDictioH OP new hateh. 888 

in Indian corne, that treat; about come fell, so that qow he 
expects a horse, according to agreem'. 

The defeadt pleaded that he had vsed all meanes for a quiet 

' & peaceable end, & had made all manner of tender & to referr 

the case to the judgm' of indifferent men, for proof of the last 

cause, the testimony of Robert Foynere &: Gomehus Jones was 

p'sented, & is as followeth, 

Robert Poynere saith, that Francis Browne did oSer John 

Archer to put the case of difference, about a horse chang, to 

any indifferent men to judge what was right betweene them, 

& he would stand to their judgm', but John Archer refused. 

Robert Poynere. 

Cornelius Jones witnesseth the same. 

This was in my p^'sence, Rich: Law. 

The Court told the plfdnt' that if the defendant could not 
get Tp all his horses, why should not a composition be attend- 
ed, such as he hath tendered, viz, the black horse & 40* in 
corne, W^ horse, by one witnesse, is sd to be a substanciall 
well grovne horse, & by another, that by estimation he was 
full as good as that w"*" Francis Browne had of him. 

The Deputy Gouerno'" in the name of the court further 
declared (though they saw not cause to condenme Francis 
Browne for charges or damages in the action, for that the time 
for paym' seemes not to be expired,) jet in refference that 
due paym^ may be made, did order, that the said Francis doe 
vse all reasonable & honest endeavours to get vp so niany of his 
horses as may be had within foure moneths space, and p^sent 
them to John Archer, that he may chuse out one to his best 
content, but if they being gradually got vp & p^sented, & the 
said Archer do refuse to accept any at the time when p'sented, 
w*"" afterwards he sliall returne to accept, that horse being 
[268] turned out, he shall be gotten vp at || Archers chai^, 
only he is to be prised by indifferent men, & Browne is to 
make him worth 12" in wheat & pease at price currant, & to 
be sure to have one horse alwayes in hand vntill &e time of 
4 moneths be fully expired. 

By reason of the afflicting hand of God a Newfaaven by 
much sicknes, the court could not pich vpon a day for pub- 
licke tfaankgiveing through the colony for the mercyos of the 

884 BBOOBDfl OF TBM [16M 

yeare past, & did therefore leave it to the elden to tb« church 
at Newhaven, as God may be pleased to remoue his hand frS 
ihe gouemo'* & others, to give notice to the rest (tf the pUn- 
tation what da,; they judg fitt for that duty, that ve may give 
thanks & reioyce before the Lord t(^ther. 

At a Court of Maqistbatts held at Newhater Dbczh : 

llth, (60.) 
Present, the Deputy Oon'no' , M'. Gilbert, Mr. Crane, U^ Treat. 
There being somtime in the moneth of ^ last, a hoose 
burnt dovne to tlie ground at Milford, Jacobus Loper, aged 
about twelve yeares, servant to Haiins Albers, suspected of 
that fact, being examined by y< magistrate denyed y* be was 
guilty of it ; a few dayos after, the house wherein his m' dwelt 
being on fire, Jacobiis being (by Tho: Wheeler y" owner of 
the said house) questioned for fireing y' house, confessed that 
he did it &. declared the manner how, vpou w='' conffession he 
was againo questioned concerning y* former house, who at 
first againe denyed it, but afterwards confessed, A said that 
some seamen came to the doore when his master was in bedd, 
& promised to give him (if he would fire the house) a pistoU, 
powther & ribbius ; another time lie said y' he carryed out a 
cole to the railes & the seamen tooke it & ioyned with him in 
fireing the liouse ', but at the last he wholly freed the seamen 
& confessed that ho himself did it, describeing the manner 
how, viz, by fireing a clabbord o the outside, and giveing the 
reasons why, viz, 1, because he thought it might fire his mas- 
ters house alsoe, & thereby he sliould be freed fro service & 
goe home to liis mother, 2ii, because Jo Baldwin who liued 
in that house liad made complaint to his m' y' hee had stollen 
his plumbs, for w*" ho was beaten ; after w"*" ho was sent to 
tho prison at Newhaven, who being called before y court was 
told, that he was accused of a notorious crime by him comitted 
at Milford, that being a servant (to a Duchman there) he 
tooko his time to sett fire on a house, to the consumeing of 
y house & y' w^i" was in it ; he was asked if it was so, to 

•QoTemoc Nswmui diad on the eighUenth of Norember, IflOO. 

1660} JUBIBDICTtOff OF NE^ HAVEN. 385 

which hee answered no ; he was told that he had confessed it, 
only he varyes in the manner ; he was asked if he had not 
confessed that hee did it by the instigation of some seamen, 
to w^^ he now said yea ; he was bid to declare what moned 
him to it, & how it began first to worke in his thoughts, to 
w^^ he answered, that as he was goeing by in the day, he 
heard that John Baldwin would not be there at night, & in 
[269] y« night as he was passing by, heareing H a noyse in 
the house, he went in, where findeing some seamen, he asked 
them what they did there, they said if he would sweare not 
to tell, (w«*» he did,) he should knowe, then they said if he 
would sett fire 6 one end of the house, they would sett fire 6 
the other, & he did so. He was asked what was the reason 
that he did this wicked fact, he answered, because John Bald- 
win had complained to his master that he had stoUen his 
plumbs, for w^^ he was beaten ; he was asked whither he was 
going so late, to w^^** he answered his master being in bedd 
with a stranger, hee being to lye by the fire, he went towards 
M'. Fenns to play ; he was asked where he had the fire, hee 
answered on a corner of the hearth of the house y' was 
burnt ; hee was asked whether any were appointed to play 
with him, to w<^*» he said no, nor did he know that any body 
was in the house vntill hee heard the noise as he was goeing 
by. It was demanded how many seamen there were, he said 
he thought there were six, but he knew non of them. M*". 
Treat required his reason, why he layes it vpon the seamen 
now, haveing formerly said that he did it himself, & where- 
fore he did not accuse them at the first, to w<^*» he said that 
Jie was affraid the seamen would kill him. It was demanded 
of him, why he is found in these seuerall storyos ; he was asked 
wc*> was the trueth, to w*^^ he said the trueth was y^ w^** he had 
now related ; he was told that he had said that y^ seamen gave 
him ribbins &c, that he should not discover it ; he was asked 
what became of the ribbins ; to w<^*> he answered that he 
gave them away, but M' . Treat told him that hee had said that 
those ribbins were given him by his mother, & John Baldwin 
testified that he had them long before, but he still said that 
the seamen gave them to him ; M^. Treaty told him that he 


886 BHOOBDB OV THS [1680 

had said that there were but foure seamen^ A that they came 
to the dore when his m' was in bedd, to w^^ he now said that 
what he had said therein was vntrue. 

Jacobus was told that fro the first to the last he hath con- 
fessed that he did it or had a hand in it, and herein (ttiough 
his storyes be various) one time saying, that when his m^' was 
in bedd foure seamen came to the dore &c, another time, that 
he heard the seamen make a noyse in the house as he was 
goeing by towards M^ Fenns to play &c ; but take it either 
way, this he alwayes confesses, that he either did it, or had a 
hand in it, & this is given as the ground, because Jo. Baldwin 
complained to his master of the matter of plumbs, w^^ com- 
plaint it is like was true & the correction iust, he haveing 
nothing to say against his m^ for any ill vsage, as himself had 
acknowledged ; he was further told that he is reported to be 
a notorious lyeing boy, a great offence to the English amongst 
who he lives, & a dishonor to the nation to w^^ he belongs, 
and that hee hath ppetrated this act to a great sum w<^h he is 
not able to answere. 

John Baldwin p^sented in 3 papers, an account of goods 
that were in the house, belonging t» seuerall in Milford, (but 
proued it not,) he desired that their damage might be considr 
ered & they righted, the goods amounting to about 78*», to w«*> 
must be added 8 or 10^» belonging to M"^*. Tapp. Goodman 
Clarke, the owner of the house y' was burnt, informed that 
his house he esteemed worth 30^^, but declared he did not 
[270] now demand it, & that he || also lost a peice of serge 
about 31 ^ 

Jacobus was asked if he saw these goods in the house, or 
saw them conveyed away by the seamen, he said no, the sea- 
men went ouer tlie lots behinde his m' house, but they car- 
ryed away no goods that he saw, nor did he heare fro them for 
what reason they would fire the house, nor did he know what 
became of tlie goods nor of any complotm^ about them. 

After w^'^, the court by way of sentence declared, first, as 
there is a criminall offence by Jacobus Loper comitted, in 
burning one house &o to the ground, with ft after attempt to 
bume his masters house, vnto w^^ many lyes he hath added, 
for these miscarriages, vpon the considerations aforesaid, it 


was ordered that he be corporallj punished by whipping; 
aecondlj, as he by this fact hath brought damage ypon others, 
w^^, besides the house, is to the vallew of about lOO^i, as the 
court was informed, (& but informed,) the proofe whereof 
they leave to the judgm^ of the court at Milford, it is ordered 
that he pay double, according to the law in that case, or to 
the satisfaction of such as shall proue their damag by the fire, 
w^^ satisfactio aforesd, if it be not made by himself or others 
6 his behalf, he is to be sould for a servant ; tliirdly, that the 
jurisdiction for time to come may be secured, it was ordered, 
that whosoeuer shall entertaine & keep the said Jacobus 
Loper, shall be bound to secure the jurisdiction and the seu- 
erall inhabitants thereof fro future damage by such like mis- 
dieivous attempts of his, and he to remaine in the marshalls 
custody vntill this sentence be fullfilled. 

At the desire of M**. Gk)odenhou8e, for reasons by him 
shewed, the court granted him an attachm^ against the estate 
of M"'. John Evance in Newhaven, to answere y« issue of an 
account concerning the shipp Susan, depending in England. 

The Court being informed that the salt depositted w'*» the 
court by Gaptaine Penny, was in a decaying condition, for 
p^uei^jtion of further damage they did dispose of it to Ensigne 
Bryan & M'. Jo Hudson, at 3» a booshell, in country pay, or » 
so much salt againe when it shall be demanded, the pformance 
whereof they engaged, as by a writeing dated the 11**>, 10*J> 
moneth (60,) subscribed by Alexander Bryan, John Hudson. 

[271] At a meeting op the Gen: Court for the Juris- 
diction, May 17th, 1661. 

The Deputy Gouemor declared to the court the cause of 
tiie meeting, viz, that he had received a copie of a letter from 
his majesty, w*** another letter fro the gouemor of y« Massa- 
chusetts,* for the app'hending of Colonell Whaley & Colonell 

• A oopj of the kings letter to the Ooverxior of New England, dated March 6th, 
1000-1, may be fonnd in 8d Mass. Hiit. ColL, Til, 128, and a copy of Got. Endicott't 
letter to the Dep. Gov. of New HaTen dated Maj 7th, 1661|,in Doc xeL to GoL Hist. 

or N. T., iU, 41- 


Ooff, v^*' letten he shewed to the court & acquaiuted them 
;> forthwith vpon the receit of them, granted his letter to Ha 
mf^trate'of Newhareu, by advice & concurrence of the 
deputyes there, to make p^sent & dilligent serch throughout 
their towne for the said psons accordingly, w^** letter the 
messengers carried, but found not the magistrate at home, A 
that he himself followed after the messengers & came into 
Newhaven soone after them, the IS") of May 1661, bringing 
•w^it him Mr. Crane, magistrate at Brandford ; who when they 
were come, sent p'seutly for the magistrates of Newhaven A ■ 
Milford, & y» deputies of Newhaven court ; the magistrates 
thus sent for not being yet come, they advised with the depu- 
ties about the matter, and after a short debate w"! the dep- 
utyes, was writeing a warrant for serch for the aforead 
Golonells, but the m^strates before spoken of being come, 
vpon further consideratiou, (y case being weighty,) it was 
resolued to call the gen: court, for the effectuall carrying 6 
of the worke. The deputy gouemo' further informed the 
court that himself & the m^strates told y" messengers that 
they were farr frO hindering the search, & they were sorry 
that it so fell out, & were resolved to psue the matter as that 
an onswere should be p'pared against their retume i^ the 

The Court being mett, when they heard the matter declared, 
&, had heard his majestyes letter & the letter from the gour 
erno^ of the Massachusetts, they all declared they did not 
know that they were in the colony, or had been for divers 
weekes past, &. both magistrates & deputies wished a serch 
had beene sooner made, & did now order that the magistrates 
take care & send forth warrant, that a speedy, dilligent serch 
be made throughout y* jurisdicon, in psuauce of his ma''*» 
comand, according to y" letters received, & y' fr6 y« seaerall 
plantations a returne be made, y< it may be recorded.* 

OrdtrtotarAfor ITiaHqr OMif 0e^ 

UaylT.lMl. For the Hanlull or DepntlM >t Hllford. 

Ton BIS to makg dUlgmit nuoh, by tha flnt, througlioDt Ui» whtria towne <tf Ifitt- 

focnluid thepraoiiMJtitluMar, taking wUIitok two or three Boffioient penooe, and 

oiUJiig In ID; other helpe joa iball ue need of, who u« hereby reqnlied to mttand 

Gw your auiiCanae upon mU; eod this to be ln*D dwelling honiei, bwnei or aOkw 


And whereas there have been nimo" of their late being 
here at Newhaven, it hath been enquired into & seuerall psons 
examined, but could finde no trueth in those reports, & for 
anything yet doth appeare, are but vniust suspitions & ground- 
les reports against y« place, to raise ill surmises & reproaches. 

[272] At a Court of Magistrates held at Newhaven the 

27th May, 1661. 

Deacon George Clarke of Milford, plaint, 

John Baldwin of the same, defendt. 
The plaint entred a action of the case against y® defendt, 
for a house & goods, (to the vallew of 33^',) burnt at Milford, 
but after some short debate, the plaint not finding himself at 
p'^sent p'pared to prosecute his action, desired that it might 
be respitted vntill a time of heareuig (tliis court) might be 
afforded, onely he desired that the testimony of Hans Aluers 
might be taken in y® case, who testified that there was a hole 
in y* clabboards about the vpper floore at w*^^ a man might goe 
in, through w^^ (fro his house) he could see both y® clothes 
& y* men at worke, w^^ y« defendt granted might be so. 

bnlldingB whatAoever, and vessels in the harbour, for the finding and apprehending of 
Golonell Whalley and Colonell (iofie, who stand charged with crimes, as by his 
Majesties letter appears; and being found, you are to bring them to the Deputie 
Goyeroor, or some other Magistrate, to be sent over for England, according to his 
Miyestie« order. Hereof faile not at peril. 

By order of the General Court, 

Jasper Crane, as attest, 

Matthew Gilberte, William Leete, Deputie GoYemour. 

Robert Treatt. 

In the Marshalls absence, I doe appoint and impower you, Thomas Sanford, Nicho- 
las Campe, and James Tapping to the above named powers, according to the tenonr 
of the warrant; and to make a retume thereof imder your hands to me by the first. 

Robert Treatt 
Wee, the said persons, appointed to serve and search by virtue of this our warrant, 
doe hereby declare and testifie that to our best light we have the 20th of May, 1661, 
made diligent search according to the tenour of this warrant, as witness our hands. 

Thomas Sanford, \ 

Nicholas Campe, ( q^ow»v,— 

James Tapping, Y Searchers. 

Lawrence Ward, his I mark. ) 

8d Mass. Hist CoU. vii, 124. 
The Judges remained concealed in the cave at the West Rock, fh)m May 16, to 
June 11. 


Saijeaiit Willm Fowler, attorney for U'. John Pavraport 
junior, of Newbaven, entred aa actioQ of the case against H". 
Joanna Prudden of Milford, concerning a horse taken vp A 
detiuned by her; Jasper Ounn appeared as her attorney to 
answere the sate. 

To prove that the horse in qneetion did belong to the plaint*, 
these following testimonyes were p'sented, 

Edmund Tooly testied that there was brought vp by Edw: 
Campe, about six yeares agoe, a horse colt of a bright hay 
couler W*' sucked liis dam, -vr^ was also of a bright bay couler, 
the colt had white in his forehead, one white foote bebiude, w^^ 
he app'hendod to be the horse now in questio at Milford, A to 
be the very same horse which came of hie master Davenports 
bay mare. 

This testimony was taken vpo oath the 28'>> of 12'i> moneth, 
1660. Mathew Gflbert. 

Ralph Lynes & John Burwell being vuder oath in court at 
Milford, (where the case was heard, (but not issued,) the 7*^ 
of March, 1661,) did there testify, (as by a copy of their record 
now p^sented did appeare,) concerning a horse of M'. Daven- 
ports w"'' is supposed to be this, that they knew him at a yeare 
old, & that then ho was a bright bay w"> a small star, & to their 
best app'hension it is six yeares since, & when he did come 
out againe, then he was branded with ii'. Davenports brand. 

Samuell Burwell, aged about 20 yeares, witnesseth that 
when this horse that is now in controuersy at M". Praddens, 
was first brought vp out of the wooda, winter was twelue 
moneth, into M'. Whitmans yard, & then John Warlock & hee 
was tliere together, & the sd Warlock then said he did not 
app^hend this was M'. Pruddens horse, for he did not know 
that she wanted any such horse, further hee then said that she 
[273] wanted a bay gelding, but this |{ was not like that, for 
be made account that y gelding was not so light a couler as 
this, & that it was bigger then this, but he said that they might 
doe well to ketch him &: search him whether he was a gelding 
or no, but he did not app'heud that horse to be M". Pruddens 

The abouesd Samuell Burwell hath made oath vnto the 

aboue named testimony, before mee, Robert Treat, at 

Milford, March 1S% {fff. 

The defendant declared that he looked for proof that y 

horse was M'. Davenports, v'' yet he saw not, for as Sae 

Edmund Toolyes, it was but a single testimony, and for John 


Burwelly he hath said at M^*'. Pruddens that he thought j^ 
horse was hers ; the defendt p'sented the testimony of John 
Warlock, but not vpon oath, who saith in a writeing directed 
to M'*. Joanna Prudden, as followeth, 

Louing M^*, there was a mistake in my last to you, I not so 
fully ynderstanding your writeing to mee, my testimony is as 
followeth, that you had a bright bay stone horse with a small 
Starr in his forehead & one white foote behinde & a black list 
▼pon his backe, w*^ P P. vpon his neare shoulder & M: for 
Milford ; there vsuall walk of feeding was about the sea side, 
A this is the trueth of what I doe remember, witness my hand. 
This is the writeing & I W marke of John Warlocke, 
Attested by mee, Robert Chapma, Decemb 7'*»,1660. 

This writeing being read, the plaint called for a former tes- 
timony of John Warlocks w<^*» he app'hended contradictory 
vnto this, but the defendt answered he neuer saw it, but if 
they would make vse of trueth, its here p>^sented. 

These words taken out of M^ Pruddens booke. 

A gray mare colt, foled in 54, of the markes of his sorrild 
mare, a sorrild horse colt of the same yeare & marke of my 
sorrill mare, these two lie towards the Indian side. 

Ypon w^^ the plaint pleaded that theres mention made of a 
sorrilld colt, but the horse in questio is a bay, therefore cannot 
be the 8ame,& besides that w^^^ M'''. Prudden wants is a geld- 
ing, but this is a horse, wherevpo the defendt pi^sented the 
testimony of Tho. Betts, as followeth. 

When I had been at Newhaven, to let M'. Davenport see 
the horse w«*> is in diflference betweene M^ Davenport & M*"*. 
Prudden, Sarjeant Fowler came to M". Pruddens & looked 
vpo the horse & y« brandmarke, & sd that the marke could 
not be I: D:, but it might possibly be P: P:, & by the horse 
starting forward when y^ brand was setting 6, might tume it 
off one side. 

This testified by mee, Tho: Betts. 

Benjamine Jones, aged about 20 yeares, witnesseth that as 
John Warlock was comeing fro the Indian side, he said at o*" 
house that he thought he see his M*"*. gelding, and so shee told 
[274] Esbume Wakema of him, & he went & fetched || him 
home, & he said seuerall times it was his m'" gelding, a brave 
bay gelding, & at another time when ye said Esburue was a 


leading him to the water, I asked him That horse j* was, A 
he sd it was his m'*. gelding. 

The aboue written Benj Jones hath made oath Tnto the 
abouesd testimony, before mee, Robert Treat, in Mil- 
ford, March ISf 1660: 1661. 
7?he Court haveing viewed the horse, heard & considered 
the evidence on either side, with y> pleadings both of {A A 
defendt, b; way of sentence declared that by all that hath 
beene said it doth not clearely appeare to who the horse Aoth 
belong, but they doe judg that y" most probable proof is o the 
plaint side, and doe therefore order that the horse be delivrd 
to M'. Davenport as haveing the most probable right, liberty 
being left to y« defendt of a reueiw at the court of magistrates 
in October next if be see cause to prosecute j y* defendt to pay 
y" charges of j' court in this cause. 

Leiftenn' Charles Glouer of Southold, plaint', against 

M^ James Mills & Leiftenn' John Budd defendants, 

entred an action of the case for breach of an t^eem' 

vpon y" forfeiture of a bond of 200''. Mf . Mills being 

thrice called, answered not, but Leiftenn' John Budd 

appeared to answere the snte, wherevpo the plaint 


That he haveing done a peice of worke for M^. Mills, there 

grew a difiFerence vpoii accounts & otherwise betwixt them, 

wherevpon they both voluntarily, and mutually, agreed to 

refcrr it to indifferent men for issue, & entred into a bond of 

200'' to stand to their award, w':'' by a writeing, dated the 

25"' October, 1660, did so appeare ; another writeing was by 

him p^seuted, dated 29''' October, 1660, whereby it appeared 

y' M'. W"> Wells & Captaine Jotm Youngs of Southold were 

by ioynt consent chosen arbitrators, for ending all diflferencea 

betwixt them according to their former engagem', as soone as 

possibly the said James Mills could returne fro Newhaven; 

accordingly about tliree dayes after his returne,' they got the 

arbitrators together, which was o the S'"' of December, & they 

foure being mett, M^ Mills asked hun y' they might isarie 

acQDunts betwixt themselues & not trouble their freinds, to 

w*"" he said himself was not ppposit, wherevpon M'. Wells 


wished them to make triall & go as far as they could, & then 

they should have the less to doe ; the plant' further said that 

[275] M*". II Mills then promised to come downe o the morrow 

mommg w**> his bookes, but came not, but about eleaven a 

clock hee came hurrying & desired him to goe with him, w«^ 

ha did, where they run ouer their abruptly, but could not 

iwae, & so it rested till the 14^^ of December, at w<^^ time 

ihey assayed againe, but could doe nothing, & that M^ Mills 

said the men w«*» they had chosen should not end it, but it 

should goe to Newhaven, by which he conceiv'd it appeared 

that Ml". Mills had forfeited the 200^', haveing broken his 

engagemS concering which hee craved the iustice of the court. 

But for the cleareing of M*". Mills fra breach of y« agreement 

k forfeiture of the bond of 200^ », the defendt p'sented in write- 

ing as followeth, 

Northampton, this IZ^^ of May, 1661. 
The deposition of Thomas More, sen. This deponent saith, 
whereas there w'as a diflFerence betweene M'. Mills & Charles 
Glouer, in makeing vp their accounts & the bigncsse of the 
shipp more then the first agreem^ they both agreed to put 
their diflferences to men to be ended, but vpon further consid- 
eration, M'. Mills &, Charles Glouer with y® consent of their 
aSrbitrators, agreed to make vp their accounts between them- 
selues without any arbitrators, if possibly they could, & the 
next day they were together makeing vp their accounts, & 
went as far in their accounts as that time would pmitt, for the 
shipp being aground o the barr, the tide was to get her off, & 
then M'. Mills told Charles Glouer he would carry his booke 
aboard, and there they would make a end, & so they did both 
of them carry their books aboard, and this deponent being 
aboard the shipp, at evening M^ Mills asked Charles Glouer 
if they should go see if they could make a end of their 
accounts. Charles Glouer told him he could not that night 
& so Charles Glouer went ashore pi^sently; y® next day M'. 
Mills asked Charles Glouer if he would not stay y* they might 
issue their business of their accounts, Charles told him that he 
could not stay then,~& then Charles went home, w^h was foure 
miles fro the shipp, then M^ Mills told Charles that he would 
come vp at night ; a day or two after this they both did meet 
where M'. Mills lodged, & went to makeing vp their accounts, 
but before M^ Mills would go any further in his accoipits 
w**» Chdrles Glouer, M'. Mills asked the carpenter, Charles 
Glouer, what hee would demtind for the two foote depth S^ 


8d4 REOOBDS OF THE [1661 

hold y« shipp was more then the first agreemS Charles would 
aot tell nor say what he would have a long time, but at last 
Charles Glouer told Mills what he would have, & then M»*. 
Mills thought his demands were so vnreasonable that he 
should neuer give him what he demanded ; being both of them 
almost angry, Mr. Mills told the carpenter, Charles Glouer, 
that he had paid him more for the shipp already then the 
agreem^ was, and that should be made appeare by his accounts, 
& there they left oflF. A day or two ^ this, M'. Mills drew 
out all his accounts and carryed them to M^^. Wells & M^". 
[276] Youngs, & told them there were || the accoimts in all 
die pticulers that he had paid to Charles Glouer, & pfered to 
take his oath to them, & M^^. Mills prayed them to take them 
& pvse them with Charles Glouer, & to see what exceptions 
they could finde against them, but M'. Wells & M'. Youngs 
refused, & said they would not meddle with them vnless they 
had power to issue any differences they should finde in y« 
accounts, not further. 

Taken before me, John Ogden. 

The depositio of 'Alice Rawlings, being swome & examined, 
saith, That o the 7<*» of December last past, being at M'. 
Mores at Southold, that on that day in the evening y« arbitra- 
tors betwixt M^ James Mills & Charles Glouer mett, & that 
she heard the said Charles Glouer say seuerall times y* the 
arbitrators advised them to end it betwixt themselues, and if 
they could not end all their differences betwixt themselues, ^ 
if they could not end all their differences betwixt themselues^ 
then if they would bring it to them the sd arbitrators, they 
would doe it for them, also this deponent saith, that the next 
day after the arbitrators mett, the sd Charles Glouer & James 
Mills mett at M^ Moores according as the arbitrators advised, 
& began w^** their accounts, and she, the deponent, heard M'. 
Moore say seuerall times to y« said Mills, come away & leave 
off your accounts, for you will loose the tide to heave the shipp 
off, but y« said James Mills refused to breake off before he 
had finished y^ acc^" with y® said Charles Glouer, & when 
they had done, the sd deponent heard him say that there was 
little or noe difference in y« accounts, & that he did not mat- 
ter small matters, five or six pounds should not make a differ- 
ence betwixt them, onely they had not reckoned some mens 
wages & other small matters ; also this deponent saith that y« 
second day following, Charles Glouer went downe to the shipp 
to end their difference, but returned & did not, but about 2 'or 
3 dayes after that they went downe to y® shipp, they returned 
againe, & James Mills at M^ Moores said to Charles Glouer, 
t&tH we end o' matters now, but he refused & said he must go 


.•V • 


home to sleep, James Mills replied to him, (being very vrgent 
to have him stay & end with him,) & said to him the said 
Charles Glouer, I caried my booke downe with mee to the 
shipp to end witluyou & there you would not, but you would 
come yp to the towne, & then when I saw you would not stay 
there to end, I concluded to bring my book vp to towne with 
mee againe & I am now come vp purposely to end with you & 
now you will not, I cannot wait vpon you alwayes, my occa- 
sions calls mee ouer to Pequitt, if you will not doe it now, 
appoint a time when I shall come vp againe & I will, so the sd 
Charles Glouer appointed y® next night following, & accord- 
ingly the said James Mills came, and being together at M'. 
Moores, the sd James Mills said to the said Charles, you know 
we have almost ended our accounts, before we proceed any 
further let mee know what it is you require for the shipp for 
building the shipp two foot deep in y® hold then y« agreemS y* 
[277] sd Charles || Glouer did in a very angry manner refuse 
vtterly to tell the sd James Mills what he should give him for 
the shipp, for, said Glouer, let vs finish c^ accounts first, & after 
we have ended all o' accounts then I will tell you what you shall 

§ve for y« shipp, & not before ; and thus did the sd Charles 
louer continue for the space of about 3 houres, till it was about 
12 a clock at night, & by no pswation would be drawne to tell 
the sd Mills what he should give him for the shipp, the sd Mills 
replied it is all y® reason in the world that I should know 
what I must pay for the shipp before I pay for her, & vnlesse 
you will tell mee what I must pay for the shipp I will not 
finish my accounts with you, for you would have mee give you 
y* diflFerence in accounts betwixt vs, & then you will make 
mee pay for y^ shipp what you please yourself. Also this 
deponent saith, shee heard Charles Glouer say at the same 
time, I confesse saith hee Charles Glouer, when I made the 
agreem* with you y® aforesd Mills, I told you I did not cer- 
tainly know what length the shipp was by the keele, I said I 
knew not whether shee was 49 foote, or 50, or 51, or 52 foote 
by y* keele, but I was certaine she was 49 foote, but said y® sd 
Charles Glouer, there shee is as shee lies, more or lesse. Also 
this deponent saith, that the next morning after they had this 
discourse, that the said James Mills went ouer to Pequett 
according as he said to Glouer the night before, that his occa- 
sions was vrgent & he could not wait vpon him, so as he did 
fro time to time. Also this deponent saith y^ about 9 or 10 
dayes after, the sd James Mills returned to Southold, & then 
did bespeake a lanching dinner, at w^^ time Charles Glouer & 
James Mills mett, & Oharlea Glouer asked him when they 
should end their differences, for said hee, it is time ; the sd 

896 BlplpftDB OF THE [1661 

James Mills siid it was not then a seasonable time, it being 
about 12 a clock at night ; the next morning James Mills went 
aboard the shipp, & then did Charles Glouer send a warrant 
after him the said Mills. Also this deponeiftt saith shoe heard 
Charles Glouer say, if the shipp had been M"^. Brentons, she 
might have beene lanched y® last yeare. Also she saith, she 
heard the sd Glouer vrge James Mills many times to doe his 
worst, saying he would faine see the fruits of his threatening 
him, & further saith not. To all this that is before declared, 
Fortune, y® wife of James Mills doth testify to be true vpon 
oath, also Roger Rawlings, husband to the deponent Alice 
Rawlings, testifieth the trueth of all this vpon oath. 
Taken vpon oath this 4**> of March, j|f f, before mee, 

John Tinker, of New London, Assistant. 

This deposition being read, the pi replied that therein it is 
said that o the 7*** of December y© arbitrators mett at M'. 
Moores, w«*» he now vndertook to disapproue, w«*> y* defendt 
desired might be noted that he charged falchood on the wit- 
nesses ; the writeing being viewed, y® pi was told that y* depo- 
nent doth not say that they mett at M^ Moores, but being at 
M"^. Moores, &c., concerning w*^^ charg y® pi saw his error. 
[278] II The plaint* desired to speake to that passage in y* 
deposition, viz, the second day following, Charles Glouer went 
downe to the shipp to end their differences but returned and 
did not, but about 2 or 3 dayes after they went downe to the 
shipp they returned againe, & James Mills at M>^. Moores said 
to Charles Glouer shall we end o*" matters now, but he refused 
A sd he must goe home & sleep; to w^^ he now answered, it 
is true he went downe o the second day, the reason was the 
shipp being off, M^. Mills desired him to goe & worke, who 
also then said, it may be we may end o' matters aboard, but 
he went ouer to Shelter Island, who promised to come vp at 
night, who did come, but very late, & he haveing beene 3 
nights aboard, wanting those refreshm*" w^^ he might have 
had on shore, being almost spent, he did say he must goe home 
& sleep. 

The defend^ desired it might be noted that the pi had said, 
that he could not get M'. Mills to attend a issue, yet now hath 
sd y* M^ Mills would have had it attended but he must goe 
home, & sleep. 

1661] JURiSDionoN o# turn hayen. 897 

The plaint p'sented these testimonies following, 

The testimony of Nathaniel More, aged about or neare 20 
jreares, this deponent saith, that ypon a sixt day at night he 
heard M'. James Mills say, that the men which was the arbi- 
trators chosen betweene them should not end their differences, 
but it should goe to Newhaven, & that he did not matter 200^' 
so long as he thought hee should get five by it. 

Nathaniell Moore. 
Testified vpon oath before mee. Will Wells, Aprill lO***, 

Simo Steevens, seama & one of the crew that did belong to 
M^ Mills his shipp, aged about 28 yeares, saith. This deponeut 
saith that he heard Leiftenn^ Charles Gloucr ask M^ Mills to 
have their differences ended according to their refference in 
that behalf, but he sd M^ Mills refused, saying he was doubt- 
full Captaine Youngs was p'judiced against him, he being his 
arbitrator, and moreouer said he would have it ended at New- 
haven ; the sd Charles Glouer said y^ was a put off, & then 
earnestly desired M^ Mills & hee might come to a faire end, 
according to their first agreem^ but M^ Mills sd he mattered 
not 200* » as long as he could get 500* > by it; this discourse 
was 6 a Friday in y* evening at M^ Moores hoiise. 

Simo Steevens. 
Taken the 2^ of March, 1660, before mee, WiH: Wells. 

For the cleareing of the case, M^ Wells in court declared 
that there was & evening when the plaint & defendt & y* arbi- 
trators mett at M»". Youngs house, with intent to endeavo*" y« 
ending of the differences between them, w^^ were of two sorts, 
1. in matter of accounts, 2, about the enlargment of the shipp, 
at w^^ time M^ Mills said that for the accounts, he thought 
they might end themselues, where vpon M'. Youngs & himself 
bid them doe what they could, & what they could not doe 
therein, they would affoard their help, & that then it was 
[279] agreed there should be a prosecution for issue, || which 
was to be the next morning, & no after that he knowes of, but 
the whole businesse was neuer taken out of y^ arbitrators 
hand, but the matter of accounts onely, as hath beene said ; 
to the same purpose now spake Captaine Yongue, who w^^^all 
added, that that pt concerning the enlargm^ of the shipp it was 
neuer like to be issued by themselues; concerning the testi- 
mony of Tho. Moore senior, M^ Wells declared there was a 

898 BlCpDB OF THE [1661 


mistake, it was true that M'. Mills brought his book and 

accounts to him, but he would not meddle with it being alone, 

Capt' Youngs said he knew nothing of it, & both said that he 

neuer came w^^ his booke & accounts to them together. 

The testimony of Edward Cogner was p^^sented. 

This deponent saith that vpon a sixt day of the weeke at 
night, he heard this discourse betwixt James Mills & Charles 
Glouer, namely that Charles Glouer had been foure or five 
times to account with M^. Mills, & at this time had his book 
vnder his arme & desired him to come to account, yet he did 
not, but put off the said Charles, so as nothing was done about 
y« same in my p'sence. Edward Cogner. 

Taken vpon oath y« 10^*» of Aprill, 1661, before mee, 

Witt Wells. 

The defend t pleaded that by the bond M' . Mills was engaged 
to attend a sudden & speedy issue after his reture fro New- 
haven, w^^ engagem^ he saw not but he had attended to as 
well as the plaint', if the testimonyes 6 his part be consid'ed, 
and therefore the plaint did vniustly molest him by arest & 
imprisonm*; but the plaint' replied, that the defendt had 
refused to stand to the arbitratio, &c., & that there was iust 
ground for the arrest, as should appeare by these testimonyes 

The deposition of Rennick Garret, sen, & Abraham Whithar, 
aged something aboue twenty yeares. 

These deponents do testify they did somtimes heare M'. 
Mills say, before the shipp was lanched, that if he could but 
get the shipp off, & out of the creeke, that he would shew 
goodma Glouer a trick. 

Taken before mee, John Youngs, February 12, 1660. 

The Court haveing heard the evidence o either side, with the 
pleas of both plaint' & defendt, declared that by what hath 
beene said, it doth not appeare but that M»". Mills hath psued 
the attendance to his duty, in reference to the bond, as well 
as the other, (though they see negligence in both,) & that the 
bond of 200* » is not by him forfeited, & so no iust ground for 
this sute, & doe therefore order that both plaint & defendt do 
beare their owne charges, the bond to be kept by the secretary. 
[280] II John Lum, of Huntingto, plant', ag^ Barnabas Hor- 
ton of Southold, defendt, in a action of the case concerning a 


mare^ but he findeing himself ynp>^pared in poynt of testimony, 
withdrew his action. 

Leiftenn^ John Bud, plaint', Charles Glouer, defendt. The 
plaint' declared ag^ the defendt for a debt of IS^i, the defendt 
granted that happily there might be money due to the plaint', 
but how it should be IS^* he knowes not, he knew there were 
accounts of 7 or 8 yeares, w^*» they had endeavoured to issue 
but could not, he therefore propounded that two indifferent 
men at Soutliold might be chosen to make vp the account, & 
what the ball shall appeare to be, Captaine John Youngs now 
engaged with him to satisfy to y« plaint', who accepted the 
proposition & engagem^ w^^ is (vpon notice given by y« 
plaint') to be attended by the defendt. 

Sarjeant Rich: Baldwin & John Gowper, attorneys for M^. 
James Mills, pi, entred an action of debt & dama^, to the 
vallew of 600*», against Charles Glouer of Southold. 

Sarjeant Richard Baldwin w**» some others of Milford, 
haveing attached a bolster, blanket &c, supposed to be y« 
estate of Jacobus Loper, now appeared to psecutej who were 
told that the boy was much indebted to the jurisdiction, w^** 
must first be paid. Hans Alvers, his master, was asked 
whether the goods attached was Jacobus his propp estate, who 
answered that he was to have some bedding with him w^^ he 
was to have the vse of, but whether it would be demanded 
againe at y® end of his time, he knew not, haveing lost his 
indenture which might have cleared the case. After w«*> the 
deputy gouerno'^ declared, that there was a sentence formerly 
past in this court against Jacobus Loper for notorious mis- 
cariages, namely for burning a house w^*» a considrable quan- 
tity of goods for ought appeares, the owners whereof were to 
be repaired in proportion to y® damage they should make 
proof off, wherevpon he hath been kept in prison to this time 
to see if any would appeare o his behalf, to satisfy for the 
wrong done, but nO hath appeared. It was now propounded 
that if there were any that would be a chapman for Jacobus 
Loper, that they would take notice y* the tender is made, 
after w^^ Sarjeant Baldwin declared, that y« damage sustained 
by him hath been very great & his fact of a high nature, he 


|00 , BEOOBBS OP THB [1661 

therefore propounded whether y« court would not adventure 
a little more vpon him, by sending him to the BarbadoeB^ 
[281] which they inclined not vnto, but did order || that 
Jacobus shall remaine in prison vntill he haye receiyed the 
correction formerly ordered, and that then he be delivered to 
his master Hans Aluers, who is to convey him out of the 
jurisdicon, the goods before mentioned belonging to Jacobus, 
to remaine vnder custody vntill the charg of imprisonment be 

Oaptaine John Youngs againe appeared to prosecute his 
action against Richard Smith of Setaucutt, who being called, 
answered not. 

The last will & testament of Mathias Curwin, late of South- 
old, deceased, was p^sented, subscribed by John YnderhiU & 
deposed by Barnabas Horto, at the court March 5^i>, 1660, 
before, WiH Wells, John Youngs. 

The last will & testam^ of Tho. Cooper of Southold, de- 
ceased, was p^sented, deposed by Barnabas Horto, Charles 
Glouer, Barnabas Windes senior, before Will. Wells, John 
Youngs, at a court held the 6^^ of March, 1660. 

An inventory of the estate of Mr. Francis Newman, (the 
late Hon"^*^ Gouerno^ of this Colony,) amoimting to 430, 02, 
07, was p^sented, & by the widdow of the deceased attested to 
be a full inventory of iter late husbands estate, to the best of 
her knowledg. M^. Wakema, Deacon Miles, John Cooper, 
vpon oath attested to the vallew y^ it was iust, according to 
thefr best light, at a court held at Newhaven y® 5^^ of March, 
1660, 1661. 

An inventory of the estate of Deacon Henry London late 
of Newhaven, deceased, amoimting to 210^*, 07», 00^, was ' 
pj^sented at a court at Newhaven the 7^^ May 1661, & by 
y« widdow of y® deceased vpon oath witnessed to containe y« 
whole estate of her late husband, to the best of her knowledge. 
Leifteun^ John Nash, Deacon W" Peck & James Bishofq) 
attested to the vallew y^ it was iust, according their best light. 

An inventory of the estate of John Wakefeid late of New 
Haven, deceased, amounting to 116^», 08% 01»i, was p^sented, 
proued in coui-t at Newhaven Decemb. 4^*>, 1660, & by the 

1661] juBiBDionoK OP raw ha.ten. 401 ^ 

Vlddoir of the docessed then attested to cootie j* whole 
■Mate of her late husband, to y vallew of 10*, to y best of 
her knowledg. WiH Tompson & Roger Allen vpO oath wit- 
nessed y' y" yallew was iust, according their best light. 

An inventory of the estate of Ephraim Penington late of 
Newhaven, deceased, was p^sonted, amounting to 112, 03, 00, 
proaed in court at Newhaven the S"* of Febr. 1660, & then 
by the widdow of the deceased attested to containe the whole 
estate of her late husband, to y* best of her knowledg, John 
Cowp A; Roger Allen both witnessed vpon oath yt the Tallew 
was iust, according to their best light. 
[282] II An inventory of the estate of Edward Camp late of 
Newhaven, deceased, was p'sented, proued in court at New- 
haven the first of November 1659, & by y widdow of y" 
deceased vpon oath attested to containe y» whole estate of her 
late husband, to tlie best of her knowledg. Leiftenn* John 
Nash & Abraham Dowlittle attested to y^ vallew, at a court 
at Newhaveii Decemb^ 4"", 1660. 

An inventory of the estate of Edward & Grace Watson 
late of Newliaven, deceased, amounting to 80'', 03', 08''4, 
was p'sented, proued in court at Newhaven March 5, 60, w*' 
was by Francis Browne attested to containe y* whole estate 
of y« parties deceased, to tlie vallew of 5',"to the best of his 
knowledg, (an estate formerly appointed to Mary Walker in 
y« house & land of her father (vuder some qnestio) excepted.) 
Francis Browne & James Bishopp attested y' the apprisem* 
was iust, according their best light. 

An inventory of the estate of John Ouerin late of New 
Haven, deceased, amounting to ^ , at a court at New Haven 
was presented, attested by Jeremiah Osbume to containe the 
whole estate of the deceased, to the best of his knowledg. 
Willm Russell attested that y vallew was iust, according to 
their best light. 

A writeiug was p^sented by widdow Pigge, as the will of 
Robert Figg her late husband, & by her vpon oath attested to 
be bis last will & testam' to the best of her knowledg, but being 
neither sealed nor subscribed by the testator, nor any other as 


402 BEOOBDS OF THB [1661 

witnesses, could aot be legally proved, but Yjf6 testimony^giTOn 
in at a court at Newhaven Febr. 5. 1660, it was ordered tUK 
Hke estate shall be disposed off as in the writeing is specified, 
& accordingly vnto the widdow of the deceased was granted 
power of administracon. Also an inventory of the estate of 
Robt. Pigg, amounting to 176*', 12«, 6<*, was p^sented, w«*> by 
the widdow of the deceased attested to containe the whole 
estate of her late husband, to the vallew of 10>, (a peice of 
serge intended for a coat for herself excepted,) to the best of 
her knowledg. That y vallew was iust was attested by 
Francis Browne & James Bishopp. 

[288] At a Court of Election held at Newhauek fob 
THE Jurisdiction, the 29**» op May, 1661. 

M'. Witt Leete was chosen Gouemo'. 

M^ Mathew Gilbert was chosen Deputy Gouemo'. 

M^ Benjamine Fenn was chosen Magistrate. 

M'. Robert Treat was chosen Magistrate. 

M'. Jasper Crane was chosen Magistrate. 

Who all tooke the oath proper to their place, but M*". Fenn 
with this explanation, (before the oath was administred,) 
that he would take the oath to act in his place, according to 
the lawes of this Jurisdiction, but in case any business from 
without should p^'seut, he conceived that he should give no 
offence^f he did not attend to it, who desired that it might 
be so vnderstood. 

M*". John Wakeman & Witim Gibbard were also chosen 
Magistrates, but neither of them tooke the oath.* 

The Gouerno' & M^ Fenn were chosen Comissioners. 
M'. Treat the. third in the choyce, to supplie, if God by his 
prouidence should hinder either of the other. 

* They had both repeatedly declined being considered candidates when nominated 
by the town.— N. H. Town Rec. ii. 887, 840. Through apprehension of a change of 
go^mmeot, and of dangers which began seriously to threaten the colony firom aU 
tides, there appears to hare been great reluctance to accept office this year. 



1081] * JUBSDICIIilll OF NEW HAYEN. 408 

Bo^ Allen w)i| ohosen Treasurer. 
"Raines Bidtoppjvas chosen Secretary. « 

"Hio: Eimberly was chosen Marshall. 

All for the yeare ensiling. 

(Thit it tbe lact entry made bj William Gibbard, and what followi to in the hand 
writing of James Bishop.] 

At a Oeneball Court held att Newhauen for the Juris- 
diction, THE 29^»» OP May; 1661. 

The Deputies presented there certificates which wore ap- 
prooued, cdl for the yeare ensueinge except New Hauen, which 
were only for the present sitting this court. 

There was p'sent, 

Th. Gouem.. ^'^Z^' j N., H.»«.. 

D^ij Gouems ^^^^^^^ j MOford. 

M'. Fenne, ) M'. Robert Kitchell, ) n..»ftv«i 

M'. Treat, [ Magistrates. John Fowler, j """'O™- 

Barnabas Horton, | G^„*k^i-i 
WiH Furrier, j Southold. 

Leiftennt Swaine, j Sranford. 
Lawrence Ward, ) •"*«"""*"• 

A writing of John Benhams, which he brought from Guil- 
ford, was presented and reade to the court, with a petition of 
his owne by way of acknowledgment of his euill and desireing 
(forgivenes) of the court, being his first offence, hopeing it 
should be a waminge to him euer after. The court was will- 
ing to accept his acknowledgement, prouided that they heard 
not further against him. Vpon this, the court saw cause to 
declare as followeth, viz, 

That whereas we haue bene occasioned (vpon some reports 
' of grieuance from sundry non-fireemen, that just priuilidges 

404 RECORDS OF jgBM [1661 

and liberties are denied them, whicbr they 8{^rehend is tllonRr- 
;id.|hem by our first fundamental! law,) tg take the matter 
'pt84] into consideratio, || and ypon a serious review of things 
of this nature, and of our law, wee doe see cause to declare 
vnto all godly and peaceable inhabitants in this colony, that 
we are greiued to heare of some vncomfortable manor of 
acting by such vnsatisfied persons, in a seeming factious, if 
not seditious, manner, which we wish that all, (whoe would 
not be looked vpon as distui*bers of our peace, and troublers 
of our Israeli,) to be warned from after appearings in such 
wise, and wee hope they shall haue noe cause to complaine of 
any injury by our witholding of just rights, priuilidges or 
liberties, from any to whom they belong, soe as to hurt the 
promotion of our cheife ends and interests, professed and 
pretended by all at our comeing, combineing and setling in 
New England, as by the Articles of Confederation & otherwise 
may be made to appeare, which must ingage ts to seeke, 
secure & advance the same by law, and from which we cafiot 
be perswaded to diuert," soe as to comitt our more weighty 
ciuill or military trusts into the hands of either a crafty Achit- 
ophell, or a bloody Joab, as some abusiue medlers doe seeme 
to hint vnto vs, in a paper we met withall, though such should 
seeme to be better accomplished w^*> either naturall or ac- 
quired abilities aboue those that are as well lawfuU as intitled 
freemen, whose earnest desire is, that all planters would make 
it their serious endeauour to come in by the doore to enjoy all 
privilidges & beare all burdens equall w^*» themselues, accord- 
ing to our foundation setlements & vniuersally professed ends, 
and y^ there may be noe disorderly or vncomely attempts to 
climbe vp another way, or to discourage the hearts or weaken 
y« hands of such as yet beare the burden of the day in pub- 
lique trusts, which wilbe aflicting and hurtful! to the ends 

The Court taking (the law about distribution of y« estates 
of those that dy intestate and leaue more children then one,) 
into consideration, because sometimes there is left a weake 
widdow, and sometimes a company of weake A small chil- 
dren, & soe thereby many difficulties doe attend, the court 


did €id«v ^i»< as it is in ?• primed Uw, when 
dwre is a aU d tti r Jb bat one child, thai one third part of 4|| 
•rtate is left to y* discredon of j* court to dispose ot^hf 
dioidiiig it betvixt j* widdow ^ child, see now in this case, 
belwixt the widdow k children, as tbej shall see cause, ondy 
reeeming liberty of iqqieales, according to the printed law. 

The Court considering of an order formerly made for the 
reec^ding of y* jurisdiction accounts in a booke for y' pur- 
pose, did now order that this should yearely be done, in such 
forme & latitude as the deputies of y« generall court that 
yeare shall accept of, and the sume of y« accounts, what is 
left in credit or debt rpon the ballance, and in whose hands it 
is, and in what, with a record of the jurisdiction, what it is 
and where it is. 

It was now ordered y* all sheepe of a yeare old or aboue, 
be rated but at teu shillings apeice, till further order be giuen. 

Gonceming y« custome for wine & strong liquors, the dep- 
uties for Milford was desired to let it out to Ensigue Bryan for 
the yeare ensueing, for 13^' in currant country pay and 3^> in 
filuer, if they could get it, but if not, it was to be gathered 
yp by the persons that formerly did it in CTcry plantation, for 
thebenefittof the jurisdiction. 

It was alsoe ordered that fifty pound be payd to y^ gouem^, 
and fifteene pound to the deputy gouern' for y^ yeare ensue- 

[285] II W. John Wakeman propounded to the court con- 
cerning the late gouem'* sallaiy, (he being deceased,) how 
much they would allow of it to be payd, and it was vnani- 
mously concluded to allow halfe the yeares sallary, and alsoe 
that y^ charges of his funerall bee borne by y^ jurisdiction, as 
Gouem' Eatons was. 

Richard Lawes and Francis Bell was chosen deputies for 
Stamford, to keepe court quarterly, except vpon extraordinary 
occasion, to try any case not exceeding the value of 12i>, & to 
lay a fine not aboue 40 shillings, taking in with tliem some 
others as deputies with the consent of y^ freemen, & both 
these tooke oath for the faithfull discharge of tlieir trust 
comitted to them, according to the best of there ability, for 

406 REOOBDS OF TBB [1661 

the preseruing of the peace of y^ jurisdiction, k for admini^* 
tiing of justice in cases presented. 

The Court tooke seriously y* case of Southold into debate, & 
considering that y^ election for magistrates for them did not 
hold, they thought something was very necessary to be done 
for them, and at last issued & concluded by a full vote, that 
seeing M^ W™ Wells and Cap*. John Young was sent in nom- 
ination for magistrates by the major vote of there freemen, the 
court therefore thought they judged them fittest for cheife 
office among them, but the court propounding y* same to them, 
found them very vnwilling to accept of any further trust, yet 
notwithstanding, after much debate, the importunity of y 
court, together w*^ the necessity of vpholding some power for 
y* good of Southold, was considered by them, they submitted 
themselues to y* courts desire, & therevpon the court did 
impower these two as comissioners, with three other which the 
freemen should choose & appoint, to keepe court for the yeare 
ensueinge, once a quarter or oftener vpon extraordinary occa- 
sions, to try any case not exceeding twelue pounds, & to lay a 
fine not exceeding 40 shillings ; but the power of calling and 
regulating these courts to be in the hands of these two, or one 
of them if the other be absent, & then to call in another with 
the consent of the freemen, to supply his absence, but if both 
these be absent, there shalbe noe such power to keepe any 
such courts. M'. W™ Wells now tooke oath, & had power to 
administer the oath to y* rest, and likewise they was hereby 
jnvested with all such other office power as hath bene at any 
time heretofore giuen to Southold deputies in euery respect. 

Some queries put by some of Southold to court. 

Firsty concerning Thomas Moore, whoe haueing bene bound 
ouer by y® marsliall to appeare at y* court at Newhauen, which 
he hath refused. The court answered & agreed y* the afore- 
sayd Thomas Moore should be bound ouer in a band of 100*> 
to appeare at New Hauen, at the court of magistrates in Octob. 
next, to answer his contempt, if full proofe of his satisfaction 
be not before giuen to y* court. 

2 que ;, was concerning such y* refuse to bring in an account 
of there estates according to order. The court declared y^ a 


due estimate of there estate be taken by some intrusted for j^ 
purpose, as neare as may be, & given in, & they bound ouer to 
answer for their contempt at y* court of Magistrates at New 


8 q:^ propounded concerning a drumer, whether they might 
not choose such a one as was not a freeman, & chose by the 
generall vote of y« company. The court answered because of 
there present necessity & his fitnes, they allowed John Paine 
to be drumer whom they nominated. 

The Court alsoe haueing sundry complaints brought to them 
about y* military affaires of Southold, & there armes & amuni- 
tion being defectiue sundry wayes, did giu^bem to vnderstand 
that they tooke notice of them, & did glue serious aduise that 
there be an effectuall amendment of these tilings, that there 
[286] may be due incouragement || giuen to those that are in 
cheife military trust among them, else if this court shall heare 
further complaints, they shall sharply witnes against them. 

Leiftenn* Charls Glouer is allowed by this court to be 
leiftenn* for Southold military company, as chosen by y« free- 
men thereof. 

There was sundry propositions presented by M^ Pecke, 

Bchoolemaster, to this court, as foUoweth ; 

First J that the master slialbe assisted with ye power & coun- 
sell of any of the honoured magistrates or reuerend elders, as 
he finds need or y* case may require. 2. That Rectores Scholae 
be now appointed & established. 3. What is y* the jurisdic- 
tion expects from y* master, whethejp any thing besides instruc- 
tion in the languiges and oratory. 4. That two indifferent 
men be appointed to proue & send to y^ master such schollars 
as be fitted for his tuition. 5. That two men be appointed to 
take care of the schoole, to repaire & suply necessaries as y« 
case may require. 6. Whether the master shall haue liberty 
to be at neighbours meetings once euery weeke. 7. Whether 
it may not be permitted that y° schoole may begin but at eight ' 
of y* clocke all y^ winter halfe yeare. 8. That y® master shall 
haue liberty to vse any bookes that doe or shall belong to y« 
schoole. 9. Tliat jr® master shall haue liberty to receiue into 
and instruct in y® schoole schollars sent from other places out 
of this jurisdiction, and y* he shall receiue the benefit of them, 
ouer & aboue what y* jurisdiction doth pay him. 10. That 
the master may haue a settled habitation, not at his owne 


408 RBCOBDS OP fn [IMl 

charge. 11. That he shall haue a weekes yacatioii in y 
yeare to improoue as the case may require. 12. That his per- 
son and estate shalbe rate free in euery plantation of this 
jurisdiction. 13. That lialfe the ycares payment shall be 
made to, and accounts cleared with y^ master within the conJP 
passe of euery halfe yeare. 14. That 40^', alias fourty pounds, 
per annum, be payd to the schoolemaster by the jnri8dictio& 
treasurer, and that lO^i, alias ten pounds, per annum be payed 
to him by New Hauen treasurer. 15. That y* major part of 
the foresayd payments shall be made to y* schoole master in 
these particulars as followeth, viz:, 30 bush: of wheate, 2 bar- 
rills of porke & 2 barrills of beefe, 40 bush: of Indian come, 
80 bush: of pease, 2 firkins of butter, lOOtt of flax, 30 bush: 
of oates. Lastly y That the honoured court would be pleased 
to consider of and settle these things this court time, and to 
confirm e y* consequent of them, the want of which things, 
especially some of them, doth hold the master vnder discour- 
agement and vnsettlement ; yet these things being sutably 
considered & confirmed, if it please the honoured court farther 
to improue him who at present is schoole master, although 
vnworthy of any such respect, and weake for such a worke, 
yet his reall intention is to giue vp himselfe to the worke of a 
gramer schoole, as it shall please Gk)d to giue opportunity & 

The Court considering of these things, did graunt as follow- 
eth, viz, to y® second, they did desire & appoint M'. John 
Davenport, sen»^, M^ Streete & M^ Pearson to take y* care & 
trust vpon them ; to the third, they declared that besides y* 
which he exprest, they expected he should teach them to write 
soe far as was necessary to his worke; to the fourth, they 
declared that they left it to those before mentioned; to the 
eight, they declared that he should haue the vse of those 
bookes, prouided a list of them be taken ; and the nineth they 
left to y* comittee for y® schoole ; and the rest they graunted 
in generall, except the porke & butter, & for that, they did 
order that he should haue one barrill of porke & one firkin of 
butter prouided by the jurisdiction treasurer, though it be 
with some losse to the jurisdiction, & that he should haue 
wheate for y® other barrill of porke. This being done, M'. 
Pecke seemed to be very well satisfied. 

There was something propounded about the engraning of 
Gou^fn*" Batons tombe, which was agreed to be left to y* 


Qouern"^, Deputy Qouern»^ and New Hauen court, with the 
aduise of the elders of New Hauen. 

It was alsoe ordered that a comittee be chosen by this court 
fi>r the treating with & issueing of any seeming differance 
betwixt Gonecticot Colony and this, in reference to the 
diuiding bounds betwixt them, and of some seeming right to 
this jurisdiction, which they pretend in a letter sent to this 
(Jen^i Court,* which being read, the court considering, did 
[287] nominate & conclude of the Gouern% Deputy Gouern*" || 
and all the magistrates, with M^ John Davenporte sen% George 

* At a General Court for the town of New Haven, April SSd, 1<I60, ** The gonemor 
desired that the bounds of a pcell of land towards Camecttoote mig^t be sett out, for 
the pmention of future differrences that might otherwise arise betwixt vs, w^i* motion 
was approued, and thereupon it was ordered y^ M^ Tale, W") Andrewes, John Cowperi 
John Braekitt, Nathaniel Merriman, w^ the help of Mantowees, an Indian, y* late 
pprieto', shall set out the bounds w^ lasting markes, w«*> is to be done w^ the first 
convenyence." — N. H. Town Bee. ii. 816. 

The setting of these bounds occasioned the following letter, which, in the hand- 
writing of Daniel Clarke, Secretary, is found among the State Records at Hartford. 
Foreign Correspondence, ii. Doc. 4. s 

Hone** Gent: This Court haueing receaued information, not only by what appeares 
in one of yo^ Lawes respect: the purchase of land fh>m y Indians, wherin there is a 
seeminge challeng of very large intrests of lands, and likewise by what intelligence 
we haue had of yo^ strechting yo' bounds vp towards vs, by markeing trees on this 
side Pilgroomes Harbour, wch things, as y< intrench vpon or intrest, soe they are not 
satisfying or contentful, nor doe wo app^bend it a course furthering or strengthining 
y^ freindly correspondency that we desire, and ought to be ppetuated twixt neigh- 
bours and confoederates ; espetially in that we conceaue you cannot be ignorant of our 
real and true right to those parts of y« countrey where you are seated, both by con- 
quest, purchase and possession; and tho: hitherto we haue bin silent, and altogether 
forborne to make any absolute challenge to o' owne, as before, yet now we see a ^ 
necessitie at least to reuiue y« memoriall of o^ rite and intrest, and therfore doe desire 
that there may [be] a cessation of further proceed, ui this nature, vntil, vpon mature 
consideration, there may be a determinate settlement and mutuall concurrence twixt 
yorselues and this collonie, in reference to y* deviding bounds twixt the two colonies. 
It is further desired and request*^ by vs, that if there [be] any thing extant on record 
w*h you y^ may further y« [de]ciding this matter, that it may be produced, and 
that there may be a time and place appointed, where some deputed for yt end, fur- 
nished w(h fill power, may meet, y^ [so a] loving issue may be efifectd to prevent 
furth[er tro]ubles. And in case there be noe record of grant or 

allowance from this collony, respecting the surrend'', not only of lands possessed by 
you and improued, but alsoe such lands as it seemes to vs that you, vnd' some p^nd^ 
or assumed right, haue induced by yo^ bounds w>hin yc liberties, that you would be 
pleased to consid' on some speedy course, wherby a compliance and condescendency 
to what is necessary and convenient for yo' future oomforte may be obtained from 
vs, the true proprietors of these parts of countrey. We desire yo^ retume to 
o' Gen" Court, in reference to o' proposit's, with what convenient speed may be, y^ soe - 
what is desired by vs in point of mutuall and neighbourly oorrespondeno, according 
to y rules of justice and rightiouanes* may be stil maintained and continued. 



410 RECORDS OP THfi [1861 

Hubbard and Leiutenn^ John Nash, as a con^ittee for this 
busines, whom they impowered to gine an answer to theire 
letter, & to trcate with & conclude of, soe farre as they should 
see cause, with any whom they should appoint for this 
Busines ; and there was an answer drawne vp & sent, signifie- 
ing soe much to them. 

M^ Robert Treate was allowed captaine for Milford by this 
Gen'* Court, as desired & chosen by the freemen thereof. 

There was certificates presented from the seuerall plantar 
tious concer[ning] view of armes, according to order, & the 
sufficiencie of there armes and amunition & towne stocke, 
which seemes to be in a competent measure sufficient, except 
Southold, which was witnessed against. 

It was ordered that a rate of 150** shalbe leuied vpon the 

seuerall plantations & pprietours of Pagausett, according to 

there proportions, to be payed at such times, & in such pay, & 

at such prizes as was ordered the last yeare, which is thus 


New Haven, 051 05 03 

Milford, 033 01 02 

Guilford, 021 06 03 

Stamford, 020 06 00 

Southold, 012 17 10 

Brandford, 009 17 04 

Paugausett, 001 06 02 

150 00 00 

The remainder op y* Court op Magistrates which began 

May 27th, 1661. 

There was present, y® Gouern'^, Deputy Gouern', M"^. Fene, 
M^ Treate, & M^. Crane. 

Will Pepper was called before y« court & examined of sun- 
dry gross facts of theft, & for breaking prison, he haueing sun- 
dry things found in his hands, both att Guilford & at Sear 
brookc, where he was last taken, as siluer & wampom, tobacco, 
holland, apparell, a pistol, shooes & deare skins, &c. 

It being asked him where he had these things^ there was 


6*», 8», 9^ in siluer he confest he tooke out of M^ Rother- 
fords vessell in Newhauen harbour, except one shilling, & the 
wampon he sayd he had some of it at Conecticut & some at 
Boaston, & the tobacco he sayd he bought of John Story of 
Flushin, & 18 yards { of hoUand he sayd he tooke out of M**. 
Wethrills vessell, & the pistoll out of goodm Clarkes shop at 
Ouilford, & some shooes he sayd of Peter Desbrow at Greene- 
wich, & the deare skins & one pound of powder from Humphry 
Spinninge, & sundry other things he had, which he sayd he 
had some in one place & some in another, but was found very 
false in sundry things, that at last the gouern^ told him y^ he 
was a notorious theife, & had gone on in a way of theft long, 
& that after he was prisoner at New Haven he broke prison & 
got off his locke & the same night went aboard M^ Bother- 
fords vessell & tooke y^ siluer that was in a closse place & 
seuerall other things, & whereuer he came he did mischeife, 
euen to those that shewed him kindnes, & after he was last 
taken at Seabrook hee wounded the mans seruant where he 
was taken; for these things &c, it was told him he was not lit 
to line in any place with any godly people, & that he was neare 
the gallowes as an incorrigible person. 

The Court therefore considering his seuerall euills & wrongs 
done to sundry, as apeared by his owne confession & proofe, 
and his mischeife done at Seabrooke, did by way of sentence 
declare, that those persons they had knowledge of from whom 
he had stole should haue there owne goods againe towards 
there satisfaction, and that he be seuerely whipt, for a warning 
both to liimselfe & others of falling into such like courses, <fe for 
other charges which are or may come, that he be sold for a 
fine of ten pounds to be payed to the jurisdiction, & that he 
be kept in prison till he be thus disposed of. 

Richard Baldwin of Milford & John Cooper of Newhauen, 
plaint', in the behalfe of M^ James Mills, entred an action of 
yo case against Leiftenn^ Charls Glouer of Southold defend- 
ant, for vnjust molestation & false imprisonment of M^. James 
Mills, to his damage & discredit. 

The Grouern' demanded of ye j^:, how was his false impris- 
onment. They answered, for sueing the band which Charls 


4t2 RECORDS OF THB . [1661 

[288] Glouer had noe cause. It was aemaunded |I of y« ji: 
concerning there lett' of attumie, which being deliuered to y 
court was accepted. The gouem' a^ked them to what damage 
they extended there action ; plaint' answered, besides his foure- 
teene dayes imprisonment or vnder custody, his men was much 
hindered thereby. The go' told them, if he got bayle hee 
needed not. Defendt desired them to prooue there vnjust 
molestation ; plaint' left it to the court, & the go' answered y* 
they see noe cause there should haue bene such pceeding 
against M'. Mills by Gharls Glouer. Plaint' pleaded damage, 
being a marchant, & that it was much indignity to such a one 
to be vnder an arrest, & left it to y® courts consideration; 
defend't answered, he had his liberty to goe about his worke, 
& testified by the marshall of Southold that he might haue had 
his liberty if he would haue giuen in security, & that he did 
goe to Northampton in this time; the plaint' answered, but 
he was vnder an arrest & at there comand for y* time. 

The Court considering the case as an vnjust molestation, A 
soe a damage in reference to his credit thereby being vnder an 
arrest, did by way of sentence declare, that L: Charts Glouer 
doe pay to M'. James Mills fifty shillings, alsoe the charges of 
y* action. 

Cap^ Nathaniell Siluester being bound ouer to this court to 
make his appearance, was called three times by y* marshall, 
but answered not nor appeared. 

Cap^ John Young, plaintiffe, entred an action of slaunder 
against John Bud sen', defend^ both of Southold, & there 
vpon the plaint' jnformed y^ John Bud sen' came into court at 
Southold & sayd we was very strict against Quakers, but we 
could suffer whoring & drinking, or drunkennes. 

Defend't desired him to prooue it, vpon which M'. W™ 
Wells sayd, it was to all the court, therefore euery one tooke 
it particularly to himselfe. 

The plaint' alsoe informed against y* defend^ that he had 
seuerall times charged him with lieing when he was told he 
tended to disturbe the peace. 

Defend^ answered to y® first charge. Sir, I haue acknowl- 
edged them to be hasty words, & that y* words were whoring, 


tipling, 4k wanton es, & for y* second charge he sayd he was 
brought into y^ church about it & gaue satisfaction to those 
that was there, & that for three quarters of a yeare after this 
he had comunion w^^ them at the Lords table. M^ Wells 
informed that they vsed meanes to reclaime him in another 
way by his sone to pswade him to come & make his acknowl- 
edgement of his euill. Defend^ replied, You dealt with mee 
as a rogue, binding me ouer to appeare in a bond of 100*», but 
afterwards the defend* acknowledged the words charged was 
spoken by him, & that they was euill words & such as passed 
from him in his hast & distemper, & therefore sayd he had 
acknowledged that he had cast a reproach vpon them, because 
he had not brought any thing legally against any of them, 
therefore acknowledged that he had slaundered them all & 
confest his euill therein. M^. Wells seeing John Bud some- 
thing pliable, & not willing to bring further trouble on Iiim as 
he exprest, ppounded to him that in one of his writings he had 
sayd y* he was a wretched man & had undone him in body or 
soule, or both. There was much sayd to John Bud by the 
court to conuince him of his euill. M^ Wells sayd this was 
spoken at court & not priuately. Defend* answered, as the 
Lord sets it vpon my heart, I shall acknowledge it. M'. 
Treate counselled him to petition to his impleaders for mercy 
in a free acknowledging of his euill. L: Charls Glouer desired 
to ppound two things to John Bud, expressing that it was not 
his mony y* they desired ; & y* Jirst was y* John Bud cofne- 
ing into y® court sayd that he had taken away his place from 
him; & secondly ^ that he went about to take away his head. 
John Bud answered he knew noe such thing, but it was 
prooued by the marshall of Southold, then afterwards John 
Bud owned his first speech as an euill speech, & y* L: Glouer 
neuer sought his place nor was capable of it; then M^". Treate 
aduised John Bud to giue all incouragement to y* souldjers to 
attend to their present officer ; then John Bud acknowledged 
the euill of the second speech & sayd he was sorry for it. 
After this (was read to the court) an oath of L: Charls Glouer 
concerning some speeches of John Bud sen>^ in the behalfe of 
the Quakers, which is as foUoweth, 

414 BSOOBDS OF THS [1661 

3%e deposition of L: CharU Glouer. 

This deponent sajth 7^ being occasionally at y« house of 
Leiftenn^ John Buds, & there haueing some discourse vpon 
some points of religion, & that the Quakers came in amongst 
other sectes that are now abroach m the world, of which this 
[289] abouesayd John Bud did soe highly comend of as || say- 
ing that they were the honestest and most godly people that 
were now in the world, and did vse many expressions by way of 
great dislike of the pceedings of all the goueruments in this 
country against them, and that they would one day haue 
cause to repent thereof, and further did aske me this deponent, 
why they might not haue there liberty here as well as in other 
countries, saying they were not the like abused noe where, 
where they came, as they were here, vnto which my answer 
was to him that you doe much mistake yourselfe, and I am 
sorry to heare what you say, vnto which with many other 
words of reply, sayd they were such a people that he could 
wish he was worthy to lay downe his life for them, and would 
if he were calld to it, and though much more might be sayd, 
yet further this deponent sayth not. 

Taken vpon oath in open court att Southold y« 20^^ of 
July, 1660. 

Clause, a Dutchman, owned he was present in the sayd 
John Buds house when the discourse abouesayd was vented 
by him, & sayd he vnderstood the cheife part thereof, but not 
vnderstanding fully, his oath was spared, this testified M^ 
W°» Wells. 

Now vpon this, John Bud charged L, Cha: Glouer to bo 
a false fellow for taking an oath against him, which much 
vnsatisfied L. Cha: Glouer. 

The Gouerno' told John Bud that he judges all the governe- 
ments for y^ sake of the Quakers k that he was a Quaker in 
heart and aflFection, and among y® generation spoken of in 
Jude, that speake euill of dignities, & that the plaint' would 
prooue against him to fauour the Quakers. Cap^ Jo: Young 
sayd it would be prooued that y^ Quakers preached in his 
house, both men and women. John Bud sayd it was without 
his consent. The gouern"* asked him il he acknowledged 
his euill about the Quakers. Jo: Young sayd he heard him 
oomend them. Jo: Bud sayd they held forth Christ in there 
speeches ; that in apeared by these things (it was told him) 


he carried too friendly to the Quakers. J 
acknowledged his speech that he spake against 
taking an oath against him, to be very euill, an 
noe ground to speake soe of him. 

The Court considering the case betweene Caj 
and John Bud sen^, the charges being ackno^ 
defend' & sundry other euills discouered by hin 
by way of sentence declare, that John Buds ca 
things hath bene very bad, and in reference to 1 
court declared that he had greatly slaundered 
A to such a degree, if only in reference to his 
he shewed his moderation to the court, they 
haue more severely witnessed against it, but 1 
his acknowledgment of his euill, they did adju< 
to y« plaint' but ten pounds and the charges ( 
and for his other miscarriages, in his troublesoi 
Southold, & soe much testified here, & in his fi 
the Quakers, wherein its to be feared he hath 
sion on the governments, they did sentence hi 
poimds as a fine to the jurisdiction, and left a 
ing with him that he be not found in any such 
telling him if he was, it would be much hea 
then at this time ; and for the busines about li^ 
left it with him seriously to consider of and mak 

John Bud answered that as things was pres 
not how the court could doe lesse. 

John Herdman (haueing presented a petitio 
for an abatement of a former fine layed vpon h 
but the court told him they could not see at j 
abate it without too slender passing by of wici 
they could see there was a reall change in him. 
and Ensig* Bryan testified something of his bei 
as they had heard, and M'. Osborne. Now tl 
these testimonies considered to forbeare the fi 

Edward Parker desired it might be tooke n< 
court that whereas it was reported that he 1 
Palmer that he saw the gentlemen here three 6 

416 BECORDS OF THB [1661 

messengers came, M^ Graue and goodm Tod testified that 
they heard John Pahner say that he neuer heard Edward 
Parker say any such thing. 

L: Jn° Nash was appointed a trustee (for y« credited* to 
M'. (loodyeares estate,) in the stead of M^ Jn** Wakeman, 
he being to remoue & desireing it. 

[290] II M^ Osborne, clearke of the jron workes, was licensed 
to draw wine and strong liquors for the workemen by this 
court till they see cause to repeale it. 

It was agreed that M'. John Davenport jun^ should haue 
ten shillings allowed him by the defend't for charges about 
the horse tried in the begining of this court, except he see 
cause to remitt it. 

M'. Goodenhouse ppounded that the attachment graunted 
him by the court of magistrates Decemb. ll^h, 1660, on M^ . 
Euance his house & accomodations, might extend, as to the 
principle, soe to the rent and pduce of it. 

W™ Andrewes sen' desired to joine w**> him in this attach- 
ment (in the behalfe of his sonne W">, which was seruant in 
the ship,) to the valew of 30*» as he sayth. 

John Cooper informed that there was 30^ *» out of this house 
ingaged to M^ Hodshon in the behalfe of M^ Stendam, but 
that was referred to the records. 

Concerning M^ Goodenhouse it was declared as foUoweth, 
viz, whereas the estate of M^ John Euance hath bene layd 
vnder an attachment by M'. Goodenhouse, that is, his houses 
accomodations and all appurtenances therein, at the suite of 
M'. Goodenhouse, vpon an account of a ship called the Susan 
in partnership & gargo & for factorige and wages, now for 
this he appeared & pduced these testimonies to make proofe 
of the proportion of his interests to a quarter & 24^*» part in 
the sayd ship and gargo, together with an account for factorige 
and wages both for himselfe and his sonne vnder M'. Euance 
his hand, and pleaded that M'. Euance had receiued ISOO^** 
sterling for composition from the Portugall embassadour, all 
which parts of ship and gargo, factorige and wages, doe 
i|Aount to 329* *», 6», as he saith, but noe sufficient proofe yet 
appearing to the courts satisfaction, of M'. Euance his soe 



receiuing, the court therefore saw cause to referre the matter 
to a further clearing. The testimonies was th^e, 

Ensigne Bryan saith he apprehended by M<^. Euance speak- 
ing of the losse of the vessell betweene them, that M^. Gooden- 
house he had the greatest losse, but what part or share he 
had in the ship I know not. 

Taken vpon oath in court at New Hauen, June 1'"^ '61. 

Soe attests Wiftm Leete, Gouern*". 

June 1"S 1661, at Newhauen. 
Philip Leeke, aged about fifty yeares, testifies vpon oath 
the day and yeare abouewritten, before me Rob^ Treate at 
New Hauen, as foUoweth, that I haue heard M^ John Euance, 
marchant, late of Newhauen, say that he had sold to Mf. 
Samuell Vangoodenhouse of Newhauen aforesayd, one quar- 
ter part of the ship Shusan ; and moreouer, I haue heard the 
sayd M^, John Euance, march^, say that he was a great deale 
in the sayd M'. Vangoodenhouse debt, after that he had soe 
bought the part of the sayd ship, and to my best remem- 
brance, I the sayd deponent haue also heard M"^. Euance say 
that he sold that part of the sayd ship for threescore pounds 
to M*". Vangoodenhouse, & further not. 

Robert Treaie. 

M*"". Goodyeare testifieth that shee knowes that M^ Samuell 
Vangoodenhouse had a part in the ship called the Susan be- 
fore he bought the 24'*> part of M^ Goodyeare, which alsoe 
shee testifies that he did buy of him, and was hers before shee 
married M'. Goodyeare, and further she sayth not. 

Margret Goodyeare. 
Taken vpon oath this S^ of June 1661, before me, 

WiHin Lecte, Goucm»'. 

[291] II A bill of debt from Isaacke Allerton sen' vnto Ed- 
ward Batter of Salem, with a letter of atturnie given by the 
aforesayd Edward Batter to Richard Raymond for the recou- 
ering the sayd debt, which being attested was by this court 
accepted to come in with other debts vpon Isaacke Allerton 
sen' his estate. 

An jnventory of the estate of WiHm Chittenden of Guil- 
ford, deceased, was presented, amounting to 677*», 16«, 07<*, as 
presented & prooued in court at Guilford the 21^*> of Febru- 
ary 1660, vpon oath by Joane Chittenden, the widdowA relict 
of the sayd Wiilm Chittenden deceased, for the quantity, andCt* .^ 





by the testimony of Abraham Crittenden sen', John Fowler 
& Wittm Stone apprisors, for the valuation to be just. 

WiHm Leete, Gouem'. 
An jnventory of the estate of Thomas Vfl5t seni' deceased, 
was presented, soe much of it as remained within the bounds 
of Milford and Stratford, amounting to 2891*, 12», 07^, pre- 
sented in court at Milford, the 6'*» of Decem: 1660, and attested 
vpon oath by Thomas VflSt jun' & John VflStt, that this is a true 
jnventory of the whoUe estate of Thomas Vfl5t, deceased, within 
those limits aforesayd, to the best of their knowledge, & that 
the valuation is just, testified by Alexander Bryan & Thomas 
Wheeler, to the best of there light to that part of the estate 
about Milford, & testified by John Herd and Henry Wakeling 
of Stratford that the valuation of, that part of the estate 
about Stratford was just, to the best of there light ; this was 
approoued alsoe in court at Milford, as before, testified by, 

George Clarke, Secre: 

The Gouem', 

Deputy Gouem*", 

M'. Ben: Penne, 
M^ Robt Treate, 
M'. Jasper Crane, ) 



[292] Att a Generall Court held att New Hauen fob 
THE Jurisdiction, August 1"* 1661. 



John Cooper, 
James Bishop. 

John Pletcher, 
Thomas Welch. 

Mr. Robt Kitchill, 
George Hubbard. 

Richard Law. 

Leiftenn* Swaine, 
Laurence Ward. 

The Gouem*" informed the court of the occasion of calling 
them together at this time, & among the rest the maine thing 
insisted vpon was to consider what aplication to make to the 
king in the case we now stood, being like to be rendered 
worse to the king then the other colonies, they seeing it an 
incunjibant duty soe to doe. The gouern'^ informed alsoe the 



court that he had receiued a letter from the counsell in j^ 
Bay, which was read,* wherein was intimated of sundry com- 


* Secretary Rawson to Governor Leete. 

Hoiumred Sir, The coxmcil of oar jurisdiction being assembled the 4^ instant at Bos- 
ton, ordered me to signify to yon what lately they have receaved from England by 
Captain Leverett his letter, bearing date 12th Aprill, 1661, who tella ns that however 
onr addresse to his majesty came seasonably and had a gracious iittiwer, yett many 
complaints and claims are multiplied against us, and that wee are like to heare from 
his majestys committee what those complaints are, and what is expected from us; 
that an oath was produced against him for saying that rather then wee should or would 
admitt of appeales here, wee would or should sell the country to the Spaniards; which 
though he absolutely denyed that ever he so said, and that if he should have so said 
he had wronged the country very much, some of the said committee said the words If 
spoken they were pardoned, but they looked at the words not so much his as the spirit 
of the country, and tho* againe he desired that the country might not suffer, in theure 
minds, for what he knew was so much and so farre from them, as to thinke ou^t in 
any such respect, yet one of them proceeded to question him, whether if wee durst 
wee would not cast off our allegiance and subjection to his Majesty ; he answered, he 
did apprehend wee were honest men and had declared m our application to his migesty 
the contrary, and therefore could not have such thoughts of us without the breach of 
charity; that it is no lesse than necessary we had some able person to appeare for us; 
well furnished to carry on our busines, which will not be without money; that the 
councill for plantations demanded of him whether wee had proclaimed the King and 
whether there was not much opposition to the agreeing of our application. He an- 
swered he knew not, only had heard Capt Breaden say so, but humbly submitted to 
thehre consideration, that neither wee nor any other were to be concluded by debates 
but by our conclusions, which were sent and presented to his Migesty in our names. 
They tooke notice, from enquiry, that it was only frt>m one colony, namely, Massa- 
chusetts, and have theire considerations of the other colonies neglects, to speake most 
favourably thereof. Thus fan* as to the letter. Further I am required to signify to 
you as from them, that the non attendance with diUigence to execute the kings ^o 

mig'estys warrant for the apprehending of Colonel Whaley and Goffe will much hazard Y '' ^ 
the present state of these colonies and your owne particularly, if not some of your 
persons, which is not a little afflictive to them. And that in theire understanding 
there remaines no way to expiate the offence and preserve yourselves from the danger 
and hazard but by apprehending the said persons, who as wee are informed are yett 
remaining in the colony and not above a fortnight since were seen there, all which will 
be against you. Sir, your owne welfare, the welfare of your neighbours, bespeake 
your unwearied paines to free yourselfe and neighbours. I shall not add, having so 
lately by a few lines from our govemour and myselfe looking much this way com- 
municated our sence and thoughts of your and our troubles, and have as yett received 
no return, but conmnend you to God and his rich grace, for your guidance and direc- 
tion in a matter of ^uch moment, as his Majesty may receave full and just sattisfaction, 
the mouths of all opposers stopped and the profession of the truth that is in you and 
us may not in the least suffer by your actings is the prayer of 

Sir, your assured loving friend, 

Boston, 4^^ July, 1661. Edward Rawson, Secretary, 

In the name and by order of the councill. 

Sir, Since what I wrote, news and oertaine intelligence is come hither of the two 
colonells being at New Haven from Saturday to Monday and publickly knowne, and 
however it is given out that they came to surrender themselves and pretended by Mr. 

420 RECORDS OP THE [1861 

plaints in England made against New England, and that the 
comittee in England tooke notice of the neglect of the other 
colonies in there nonaplication to the king. 

Now the court, taking the matter into serious consideration, 
after much debate & aduise, concluded that this writing should 
be sent to the counsell in the Bay, the coppie whereof is as 
Hono^^ Gent. 

Yours dated the 4'*» of July (61,) w^^ a postcript of ttie 
15'**, we receiued July 80'*>, which was comunicated to our 
gen** court August 1"S whoe considered what you please to 
relate of those complaints made against New England & of 
what spirit they are represented to bee of, vpon occasion of 
that false reporte against Capt. Leueret, who we belceue to 
haue more wisdome & honesty then soe to reporte, and we are 
assured that New England is not of that spirit. And as for 
the other colonies neglect in non-aplication with yourselues to 
his majesty the last yeare, it hath not bene forborne ypon any 
such account, as we for our parts pfesse, and beleeue for our 
neighbours, but only in such new & vnaccustomed matters 
wee were in the darke to liit it in way of agreem' as to a forme 
satisfactory that might be acceptable ; but since that of your 
colony hath come to our vciw, it is much to our content, and 
we solemnely pfesse from our hearts to owne and say the same 
to his majesty, and doe iugage to him full subjection and alle- 
giance with yourselues accordingly, with pfession of the same 
ends in coming with like permission and combineing with 

Gilbert that he looked when they would have come in and delivered up themselves, 
never setting a guard about the house nor endeavouring to secure them, but when it 
was too late to send to Totocut, &c. Sir, how this will be taken is not difficult to 
imagine, to be sure not well; nay, will not all men condemn yon as wanting to your- 
selves, and that you have something to rely on, at least that you hope will answer 
your ends ? I am not willing to meddle with your hopes, but if it be a duty to obey 
such lawfull warrants, as I believe it is, the neglect thereof will prove uncomfortable. 
Pardon me, sir, its my desire you may regaine your peace (and if you please to give 
mee notice when you will send the two colonells) tho' M'. Wood Greene is bound 
honce within a month, yet if you shall give me assurance of theire coming I shall not 
only endeavour but doe hereby engage to cause his stay a fortnight, nay 8 weekes, 
rather than they should not be sent, expecting your answer, remaine. 

Sir, your assured loving friend and servant, 

Edward Bawson. 
Hatch. Coll. 8S8. 


yooraelues &, the other neighbour colonies, as hj the preface 
of our articles may appeare ; vpon^ which grounds we both sup- 
plicate and hope to find a like ptection, priuilidge, imunitiea 
& faaonre from his royall majestie. And as for that you note 
of our not soo dilligent attendance to his- majesties warrant, 
wee haue giueu you an account of before, that it was not done 
out of any mind to slight or disowne his majesties authourity, 
Ac. in the least, nor out of fauour to j" CoUonells, nor did it 
hinder the efect of their apprehending, they being gone before 
[293] the warrant || came into our colony, as is since fully 
prooued ; but only there was a gainesaying of the gent: earnest- 
nra, who retarded their owne businos to waite vpon ours 
w'liout comission ; and alsoe out of scruple of conscience, & 
feare of vnfaithfulnes to our people, (who comitted all our 
authourity to vs Tnder oath,) by owneing a generall gouem^, 
vnto whom the warrant was directed, as such implicitly, and 
that Tpon misinformation to his majestie giuen, though other 
magistrates were mentioned, yet (as some thought) it was in 
or vnder him, which ouersight (if soe it shalbe apprehende) 
we hope, vpon our humble acknowledgement, his majestie will 
pardon, as alsoe that other and greater bewayled remissnes in 
one, in not secureing them till we came & knew their place, 
out of ouer-much beleife of tlieir pretended reality to resigue 
vp themselues, according to their pmise to sauc the country 
harmelesse, which fayleing is soe mnch the more lamented, by 
how much the more we had vsed all dilltgeuce to presse for 
such a deliuery vpon some of those that had shewed them 
former kindnesae, as had bene done other where, when as none 
of the magistrates could otherwise doe any thing in it, they 
being iJtogether ignorant where they were or how to come att 
them, nor truely doe they now, nor can we beleeue that they' 
are hid any where in this colony, since that departure or 
defeatement. But howeuer the consequence proue, we must 
wholly rely on the mercy of God &, the king, with pmise to 
doe our endeauour to regaioe them if opportunity seme. 
Wherefore, in this our great distresse wee earnestly desire 
your ayd to present vs to his majestie in our cordiall owneing 
and complieing with your addresse, as if it had bene done & 
sayd by our very seines, whoe bad begun to draw vp something 

422 ^ BECOBDS OF THE [1661 

that way, but were disheartened through sence of feeblenes & 
incapacity to pcure a meete agent to present it in our disad- 
uantaged state, by these puidences occurring; hopeing you 
will fauour vs in this latter and better pleasing manor of doe- 
ing, which wee shall take thankfully from you, and be willing 
to joine in tfie pportionate share of charge for a comon agent 
to solicite New Englands affaires in England, which wee 
thinke necessary to pcure the benefit of all acts of indemnity, 
grace or fauour, on all our behalfes, as well as in other respects 
to preuent the mischeifes of such as maligne and seeke to mi&- 
informe against vs, of which sort there be many to complott 
now a dayes with great sedulity. If you shall desert vs in this 
afliction to present vs as before, by the transcript of this our 
letter or otherwise, together with the petition and acknowledge- 
ment herewithall sent, we shall yet looke vp to our Grod, that 
deliuerance may arise another way, resting. 

Greorge Hubbard and John Cooper was chosen and appointed 
by the court to goe as messengers vnto the Massachusets with 
this writing, to see what would be done in the case.* 

[294] Att a Gen^i Court held at New Hauen fob the 

Jurisdiction, August 21*^ 1661. 

Present, Deputies, 

The Gouernr, j^^n Cooper, 

Deputy Gouern', James Bishop. 

John Fletcher, 

M'. Ben: Penne, ) Thomas Welch. 

M'. Robt Treate, [ Magistrates. M^ Robt Kitchell, 

Mf . Jasper Crane, ) John Powler. 

Leiftenn^ Swaine, 
Laurence Ward. 

The Gouern*" ppounded to the court concerning pclaimeing 

* Governor Leete seems about this time to have been apprehensive of personal dan- 
ger on account of his remissness in executing the king's warrant, and not long after 
visited Boston and conferred with Rev. John Norton, who, in his behalf, wrote, Sept. 
28, 1661, to Richard Baxter, one of the king's chaplains. The letter may be seen in 
the Life of Baxter, fol. Lond. 1696. p. 291. Mr. Davenport also in defence of himself 
as well as of the goyemor and magistrates, wrote Aug. 19, 1661, to Sir Thomas Tem- 
ple, a letter which is in 8d Mass. Hist Coll. viii. 827. 


the King in this colony, seeing now the Bay had done it already.* 
The gouern' alsoe informed them that he had receiued a letter 
from M''. Norton, wherein he intimates concerning Cap^ Leu- 
erets aprehensions concerning the state of New England, and 
the gouem>' farther said he looked we had done more already, 
and that this was only a formality. 

The thing being debated and considered, it was voted and 
concluded as an act of the gen^^ court that it should be done. 
And for the time of doeing it, it was concluded to be done the 
next morning at nine of the clocke, and the military company 
was desired to come to the solemnizing of it. And the forme 
of the pclamation is as followeth, 

Althou^ we haue not receiued any forme of pclamation by 
order from his Majestie or Gounsell of State, for the pclaiming 
his Majestie in this Colony, yet the Court taking jncourage- 
ment from what hath bene in the rest of the Ynited Colonies, 
hath thought fitt to declare publiquely and pclaime, that we 
doe acknowledge his Royall Highnes, Charls the Second, King 
of England, Scotland, France and L*eland, to bee our Soue- 
raigne Lord and Sang, and that wee doe acknowledge ourselues 
the jnhabitants of this Colony to be his Majesties loyall and 
Mthfidl subjects. God saue the King. 

Att a Court of Magistrates held att New Haven Octob. 

16th, 1661. 

Present, the Gouern*^, Deputy Gouernf, M^ Penn, M'. 
Treate and M'. Crane. 

Samuell Plumb of Brandford, plaint', entered an action of 
the case against widdow Pennington of New Hauen, defend*. 

The plaint' informed the court that tlie defendt had tooke 
vp a heifer, (which was tooke vp att Milford before for a 
stray,) and that shee had killed it contrary to order, which he 
apprehended might be his, he haueing such a one of such an 
age as he sayd wintered at Conecticutt, which went out from 
thence and he could neuer heare of againe. The gouern' 

* August 7th, 1661, thej had however agreed upon an address to the king Decem- 
ber 19, 1660. lias8.Beo. 


424 BEOQSDS OF THE [1661 

asked him if he could prooue that he had such a heifer at such 
a time ; plaint' answered 7^ he had witnesses att home. It 
was sayd Thomas Welch of Milford witnessed against widdow 
[295] Penningtons carriage in this busines, || as doeing it dis- 
orderly, in not sueing out her right at Milford before shee killed 
her. Shee answered that M^ Gilbert bid her satisfy att Mil- 
ford, which shee ap'hended that if shee satisfied Thomas 
Welch for his charge and trouble it had bene enough, but 
shee being a poore widdow, and not vnderstanding things, 
desired to submitt to the will of God and the court in this 
matter ; there was Richard Johnson and John Ailing appeared 
to make proofe that it was her heifer. The plaint' haueing 
not wittnesses here, withdrew his action till the court of magis- 
'trates in May next. 

Deacon Gun of Milford ppounded in the behalfe of M'". 
Pnidden, that the liberty graunted by the court of magistrates 
in May last of the review of the action about the horse till this 
court, that it might be extended vnto the court of magistrates 
in May next, shee being not puided of witnesses at present, 
they being at a great distance. It was demaunded of him by 
the court what meanes she had vsed to puide herselfe, but 
Deacon Gun could not say much to it. 

The Court thought it meete that M^ John Davenporte, 
jun>^, should haue notice of this motion, and the marshall was 
sent to know his mind, but he being not then at home brought 
this answer afterwards as followeth, viz:, that he thwight they 
had had time suflScent already, and therefore were not willing 
to giue any further time. But the court considering that the 
law for pbable right, vpon which he had the horse, would allow 
it, the court therefore thought it just that there should be 
time of liberty giuen to her for a review of the action, or to 
any other that shall appeare to lay a better claime to the horse 
then yet hath bene, vntill the court of magistrates in May 

Deacon George Clarke of Milford, plaint', haueing entred 
an action of the case for a house and goods, to the value of 
88^», burnt at Milford, against John Baldwin of Milford 
defendt, in May last, he, being not then prepared, w**»drew his 
action by agreement vntill this court, whoe now appeared to 

itn] iwBBBtcBom or wcm xatsit. 4S 

pseeBte it i^Brt the ^lefattdi, b«t die defendt a|Ma«d wiik- 

out Mb whmamem «Bid pifiiad that die pUziif wms to set hnn 
and luf wHaewHBF it das oo«rt at his owne dxaxige A tixmble jis 
diey wmsdieB. 

Tbe Go«en' ad^ed John Baldwin if be oooll prooe diaA 
a yoMMiut ; Jofam Baldwin aaxswered that diere was somediing 
done to that purpose hy tbe plainf in diat be desred to SHirooa 
hifla to dss eovul, b«t tbe plaint^ answered that he did it not^ 
and M'. Feon deared it that it was I>eacon Glarkes son diat 
eame to hkn to desre % warrant of him for John Baldwin^ 
beareing diat be woold not apeare at this couit; but after 
mmcb debate and noe sodi agreement prooued by the defendt, 
die coort flaw caase to bind oner j* defendt to answer the 
pbiiif and to biing his witnesses in May next at the court of 
magtBtrates, except they did agree it betweene themsdues 
befiwe, which the court radier desired. 
[296] I Beacon PedLe came and ppounded to tbe court diat 
fftfM^"^ since be had put in security to the deputy gonem'^ 
be die appearance of his sonne Samuell Andrewes, be thought 
die court would bane called him to answer, he knew noe rea> 
acm why be dxmld stand for tbe thing being long since be 
desired die court to conader it. M'. Treate sayd to die 
gouem' diat it was be titsii had dcme it and be might releane 
it, but nodiing was done at that time« Afterwards Deacon 
Pecke came and presented his son Andrewes to the court 
according to his security, and dfi^sir^ them to free him. M'« 
Fen and M'. Treate answered that tit^fj UpAj^ rpon him firee^ 
The gouem^ answered that be did not know f/ut hf^ was^ and 
he sayd be thought tbey might kaue it tf^^ and t$n Mi/d b« 
thou^ Deamn Peek^ pka wa^ g^x/d er*o«ig)i. JM^ Tr^uUf 
sayd be thought be had fallj i^^'Xioar^^A \m duty. 

Tbe Court appcmit^ tl^ »jet ^isij '/f X'/renib iMd^t lo \m % 
day of sc4em thanksgiu^ng ihrtM$^ tlie juriMlktiz/n Prtr tti# 
mercies of tbe yeare pa^t. 

Mary Andreves, wife of W* Andr^rwet jun% mUB^ ruUp y 
court and ^n^r^ to be fineed tnjtu h^ hwiAmid^ bearing thai 
he was mamfd Uj Mti/(Abtar woman; tfjr proofe whereof she 
fowoMid, firat a leit^ fgma W. Katijankill Whitfield in JKog- 

426 BECORDB OF THfil (1661 

land, and from Richard Miles jun' out of Barbadoes, both 
which was read, but the lett' of Rich: Miles being torne, the 
court desired her to call Richard Miles, that thej might heare 
what he could say himselfe in the case, whoe came and 
expressed what he had writt in the lett^ The gouern*^ asked 
her if shee would try any further meanes, shee answered shee 
would leaue it to the court. 

Richard Miles jun>^ was called to speake what he could say 
in the case vpon oath, whoe testified as foUoweth, I Richard 
Miles jun** att New Hauen in New England, being in Barba- 
does in Septemb in the yeare of our Lord 1660, saw W" 
Andrewes whoe belonged to a small vessell called the Gharls, 
the master of which his name was Rob^ Guardus, whoe 
informed me that W™ Andrewes was married to one Joane 
King, a Cornish woman that lined then in Kings Sale in Ire- 
land. I asked him the certainty of the thing, who told mee I 
might very well beleeue it, for he was his neare neighbour ; 
wherevpon I desired to speake with W™ Andrewes, which 
after some discourse I told him what the reports was that was 
reported of him in New England that he was married to one 
in Ireland, and that M^ Nathaniel Whitfield had writt ouer to 
New England in a lett' that he heard it was soe, vpon which I 
desired W*" Andrewes to deale plainely with mee, but he at 
first denied it, till I told him the master testified it that it was 
soe and that he was his neare neighbour, and I told him that 
the master told mee her name, vpon which he was much 
amazed and I could scarce get a word of him, but after I 
pressed it much vpon him, he owned it that he was married 
to one in Ireland, and sayd that he was an vndone man. 

This testimony was giuen in vpon oath before the court. 

Together with this the lett^ of M^ Natha: Whitfield, which 
Richard Miles speakes of, was presented and read before the 
court which was as he testified, together with his long absent- 
ing himselfe from his wife in New England, about eight or 
[297] nine yeares, || notwithstanding by Rich: Miles and sun- 
dry opportunities formerly he had of returning backe to her, 
but he neuer attended any to this day. Thomas Kemberly 
sen' alsoe informed the court that his sone wrote from Vir- 


ginia that he being in Bristow heard that W^ Andrewes was 
married in Ireland, and Ihat he wrote to him that his wife 
was aliue in New England. 

The Court considering the case and the euidences presented, 
with the long time of absence of W™ Andrewes from his wife 
being fuUy cleared, did see noe cause to keepe Mary Andrewes 
in bonds to such a man, but did by way of sentence declare 
her to be diuorced from him and that shee was fully at lil^erty 
to marry with another without offence. 

John Fletcher of Milford appeared before y* court and 
desired that these three oathes followeing might be ratifiofl 
before the court & confirmed by thera in as full k authenticko 
maner as they could, which the court graunted, k he further 
desired that they might be recorder!, which is as followfstfi, 

Enow all men whom it may t^mtyarufi y* I, John Flt^U^hitr. 
of Milford, in y« colony of X«w llfituiu in N<fW KuinUuni^ njcw 
about fifty nine yeares, do^; Yft^m my i'Airimt$*i kuowUuiati U^i\fy 
vpon oath, that when 'd» I dw<^li in Kii^larMli ithur^t Ut uu«i 
Henry Bacon k William \iHf*/$u^ brr;ilM?r Ui y* «Hy<l IlMiiry 
Bacon, and I neuer iK^rd or kiM?w m\y uum^ of tlM^iu v< w<iHf 
their owne brethren by i\ui Uktytn uUht^ aii<l tb^y tiwah wimi 
I first knew ttiem, in HtretU/fi, iu tint i'/fHuiy </f Uuil«4U<i| 
within y« realme of England, is afU^rwuMu I knaw lUmry 
Bacon when he was mxiioaHA W Clif/Miiii iu y^ %mm^ t'AHiuiy*^ 
of Rutland aforesayd; aiid I iUni Uiuiifytt Y* I kiM^w ll^t nuyti 
Henry Bacon brother to lli#^ ►;ayd WiHm Iwum Utui oim^ ouly 
sone, called Tljomaif Kwi'/m^ wt*M ktu^wtm Ut uu*a*, fttr y*- nfrnd'Ai 
of six or seuen yeares, and 1 liau<^ h<^rd it rit\HtrU*Ai that h<s 
went to Hue at y« i>aH4i/l'>^rts k iU^tnt iiU*A; and furth<;i' i llio 
abouesayd John Vlf:U:h<:r <i<^t trjfttify, y* 1 AfHt waW know y' y« 
abouesayd Wittm Ba<^>n, brother U> y* sayd Henry HiU'Am,\iHA[ 
a sone called Natlianiell liw^m^ whoe was his eldest sone, 
whoe now liueth in New England and was p^sent at my testi- 
fieing hereof, and furtlier bayth not. 

Witnes, John Fletcher. 

Know all men whom it may concerne y< I, Mary Fletcher, 
of Milford, in y« c^^lony of New Hauen in Xeweugland, aged 
about fifty foure yeares, doe vittm my certaine knowledge tes- 
tify v[x>n oath, y^ when I was in England, dwelling at Htret- 
ton in y« county of Rutland where one Henry Bacon & Wilhn 
Bacon, brother to y« sayd Henry Bacon, dwelt, and I knew 
nor heard of any other but these two brothers by the fathers 


rade, and I lined at the esyd Stretton for the space of ten 
yeares, in which time the sayd Henry Bacon remoued hie 
dwelling to Clipsam in y county of Rutland aforesayd within 

Srealme of England ; and J doe further testify that the sayd 
enry Bacon had one only sone named Thomas Bacon, which 
I knew from a child, and I heard y' he went to the Barbadoes 
and died there, and I, the eayd Mary Fletcher, doe further 
testify y' I well knew Wilim Bacon, brother to Henry Bacon 
aforesayd, whose eldest sonne Nathaniell Bacon I well knew 
from a child, whoe is now liueing in New England and present 
at my testifieing hereof, and further not. 

Witnes the marke of Mary Fletcher. 

Know all men whom it may conceme, y' I, John Ward, of 
Brandford in ye colony of Newhauen in New England, and 
aged about thirty six yeares, doe declare & vpon my knowledge 
[298] testify || on oath, that I well knew for y space of six 
or souen yeares one Henry Bacon, of Clipsam in y* county of 
Rutland, within y" realme of England, & one WiHm Bacon, 
brother to y" sayd Henry Bacon in the same county of Rut- 
land abouesayd, and I neuer knew or heard of any brother or 
brethren more y' they had by y* fathers side ; and I doe further 
testify y' I well knew Thomas Bacon, sonne of Henry Bacon 
& nephew to the sayd Wilim Bacon, and I neuer knew or 
heard y' the sayd Henry Bacon had any other child but only 
the sayd Thomas Bacon, whoe as I haue heard went to the 
Barbadoes 4 died there ; and further I the sayd John Ward 
vpon certaine knowledge doe testify, y' I well knew Nathaniell 
^con to be the eldest sone of WiHm Bacon, brother to the 
sayd Henry Bacon, and the sayd Nathaniell Bacon is now 
liueing in New England & was p'seut at my attesting hereoff, 
and further sayth not. Witnes, John Ward. 

This is a true record of the originall ^ James Bishop, Secret. 

These three foregoeing depositions was taken vpon oath, in 
preence of the court of magistrates held att New Haue Oc'b: 
IT"", 1661, which persons are knowne to be of good report. 

Subscribed by me, James Bishop, Secretary for y* jurisdic- 
tio, and sealed with y" colony scale by order of y" court of 

1662] JUBiSDionoN o? hew haten. 429 

Ait a Gbn') Gonai held att New Hauen fob the Jdbis- 
DicnoN, Mat 7"", 1662. 
The Gonem'', Deputies for 

The Deputy OouernS John Cooper, ) w„„,,-„„n 

M'. Ben: Fenne, ) „ . James Bishop, j «ewtiauen. 
M'. Eobt Treate, J ^^f' Thomas Welch, ( „.,. , 
M'. Jasper Crane, j "^'^^'- Richa: Baldwin. } **'^*^"^- 

M'. Rob* Kitchell, ) « ic j 
George Hubbard. ! *'"''^°^- 
Richard Law, ) c-. ^ , 
L; Francis bIw, \ Stan&rd. 
Leiftnn' Swaine, ( b„ ,-„ ^ 
Laurence Ward! \ Brandford. 

The Court being come together to consider of the affayres of 
the jurisdiction and how matters might be carried on in refers 
ence to the election for the yeare followeing, vnderstanding 
that there was a great discouragment Tpon the spirits of those 
that were now in place of magistracy, and alsoe to consider 
about M'. Rossiter and his sonne, that was now vnder the 
custody of the marshal!, but the court vnderstanding that 
sundry persons of Guilford was then in towne whoe had sub- 
scribed too some olfensiuc papers which was before sent to the 
court, & some of them spread abroad to the disturbance of the 
peace of this jurisdiction, therefore the court thought meete, 
(before they pceeded in any other matters,) to call these per- 
sons vppE particular examinatloB, but vnderstanding that 
[299] II Francis Browne & his sone was bound ouer (to 
answer for some contemptuous carriages to authority in New 
Hauen,*) to y court of magistrates when tliey should call 

* Jofan Browoe had been brought before the deputy governor, October 21, 1661, and 
chnrged with having bean inluiicBled, which he denied. Duriog his exnniination hi« 
fetber, Francis Browne, cddiIdk in, >' discovsrvil great dintcinper of ipiril," and 
" ottered many contemptaoua it reproachfull epeechea against anthority," Bakiog 
" b; what authority his i-aiin t/oi called thilbar, be Itnew no autharity they had lince 
the king waa proclnimed, ner would be obey any lawot TnUll tbej came tbenco, & 
othsn were of the same minde." FinsHy he and iiis ran, who demanded ofthedepn^ 
governor whcthor lie had iiis authority (mm Chsrles the second, were committed to 
priaoD, IhoDgh order waa afterwardi given that, cDnsldoring hii age and infirmity, 
Francia Browne ihould have iibertj to lodge ai the manhalla boms, wbioh be refoMd 
to accept of, b«oauae hia wd had tiot tbt Mm« hvor. N. H. Town lt«o. U. 8il. 

480 BEOOBDS OF THB [1662 

them & hopeing he might giue a good example to any that 
after should be called in a full acknowledgment of his euill, 
did first call for him & his sone, whoe being called, the writing 
of their offensiue carriages was read before them, to which 
Francis Browne answered that he was sorry w^*> all his heart 
that euer he should say or doe any thing against the authour- 
ity, & did fully owne all that he had sayd & was heartily sorry 
that he should be any discouragement to any whom Grod should 
rayse vp amongst vs, or that he should be any leading examr 
pie in euill to his soiie; he was asked if he had any further to 
inlarge in sight of his euill, but in debate of the matter the 
spirit of Francis Browne seemed to be out of frame & vttered 
some expressions about his imprisonment which was offensiue 
to the court, which they witnessed against & respited the mat- 
ter to further heai-ing ; but after, Francis Browne acknowl- 
edged his euill, & sayd that it neuer entred into his heart to 
alter this way of gouernement to haue it out of the hands of 
those that are members of churches, & did acknowledge the 
pride of his spirit which appeared in his first appearing, & 
shewed his sorrow for the same, & sayd he ueuer intended to 
lay any blame vpon any & soe left himselfe with the court. 

John Browne alsoe did desire to acknowledge his euill, and 
did confesse that he was heartily sorry for his sin in this 
busines, & acknowledged the breach of the 6'*> comandm^ & 
that he neuer intended any thing against the fundam'talls, but 
that he spake in a sinfuU passion when he sayd Haue you 
your authourity from Charls the Second. 

The testimony of Jiv Tod & Nathaniell How was read, 
of some sinful! & wicked expressions which John Browne 
expressed, and John Browne owned the euill of them as they 
was prooued, but could not remember he sayd soe, as he 

The Court heareing what was sayd by them, did pceede to 
sentence, & first to John Browne in particular, & did sharply 
witnes against his euill, & told him that this did occasion them 
to lay a bond of 20^^ vpon him that he attend his oath of fidel- 
ity, & this to continue the courts pleasure. 


Francis Browne, his father, answered that the thing the 
court had done was good. 

And for the case of them both, the court declared that in 
respect of y* height of their miscarriages, though they accepted 
their acknowledgment, yet in respect of charges, they layd a 
fine of forty shillings to be payd by them both equally to the 

[300] II The Court now pceeded to the examination of some 
of Ouilford, and first Thomas Stephens was called, (he haue- 
ing deliuered in the writings to y« gouem'^,) & asked if he 
owned his hand y^ was in two of y« writings, to which he 
answered y* h did, & being farther questioned whether he 
was the contriuer of y« first writing & did owne the sence of 
it; but before he would glue answer he desired to speake with 
the gouem' alone, which was graunted him, & the gouern' 
coming in againe informed the court y^ Thomas Stephens his 
end of speaking with him was to mind him what was in y« 
p'face of y« first writing; the gouern^ told them he had 
acknowledged what incouragem^ he had giuen them in yn 
pi'sence of M'. James Pitch, it being there ppoimded to him 
as if they had bene denyed of those priuilidges which the 
fiindamentall law did allow them, the gouern^ answered he 
thought they was not, & that he had practised as liberally 
as others towards them in y^ respect, but M'. Rossit' ofiring 
to enter into debate about y« matter, the gouern^ answered 
that he was not willing to enter into reasoning with them to 
giue his single judgement in y« case, but if they would in a 
loueing & peaceable way p''sent to y« court what they had 
to ppound in it, they should be heard, & ho would further 
them in it y* they should haue y^ which y® law did allow them, 
to which M'. Fitch sayd y' it was all y^ y gouern"^ could doe, 
& they seemed to bo satisfied. This being declared, they 
pceeded to question whether he contriued y« writing, to which 
he answered yt he did not write it liimselfe, but did desire M^ 
Rossitf to draw it into forme, which was grieuanco to him. 
It was demanded of liim if y^ was the issue of y* meeting in 
which M' . Fitch was pi^sent, hee answered y* though all theire 
grieuances was not then spoken of, yet he did not know any 

482 BBCOBDS OP TBB [1663 

thing in y» writing but y' which was theire grieuanoe. It 
being further denianded of him whether he owned the whoUe 
or iu part? he answered, y' he intended nothing bnt y> which 
was his grieuance, but did acknowledge y' by his subscriptions 
he did patronize both the wri^ngs. It being demanded of 
him whether there was any thing in it y* he did not debitct or 
recant, or y^ he did still owne it, but he stood still to justifie 
himselfo ; then j" first writing was read to him which consisted 
of seuerall heads, but he stood much in his owne Justification, 
but being put vpon giueing his reasons, as is p'tended in y 
writing they was ready to doe, he ouaded, & desired time 
according to law to giue answ' & consider of it, but after 
acknowledged yt he with some others did question with him 
y' wrote-it whether there was not something in it which they 
did not vnderstand; it was told him that then he subscribed 
to y' which was beyond his compasso, he answered y' M'. 
Rossiter sayd he would Tndertako to make it out ; it was fur- 
ther replied vnto him, to shew him his euill, y* he that was 
Mrome to p'serue & maintaine y bono' of y* authority setled 
here, should doe & carry it iu such a maner as is here 
expressed ; he still answered that his intent was onely to haue 
his grieuances written, then after many tumes of speech & 
reitterations, it was put to him about y" maner of sending the 
first writing abroad, whether it was sutable to his oath ; he 
answered y' it was not done by his consent, & it troubled him 
when he heard it was done, for he feared it would be oSensiue, 
but for his owno part he intended only to haue it p^sented to 
y court & to haue an answer of it. Then y" second paper 
being read, it was asked him how ho could doe it, as if he 
[301] would haue them destroyed ; || he answered that it waa 
far from his tliougbts or desires. It was further demanded 
whether they was all together when it was subscribed it, be 
answered he knew not, but when he heard it was prepared he 
went to M^ Bossiters, & he thinkes there was three or four 
there p'sent; but being asked if they desired M'. Bossit' to 
draw vp y" second writing, he answered y' after they heard y* 
court had y* first paper & but part of it, & the principle thing 
left out, they considered whether it was not there way to 


pTfleat y* vhich they bad prepared, A some su^ested vhether 
they should not adde something to y former, but he being 
uked vboe it was, answered he knew not, nor could sware j' 
M'. Boasif writt it, but for his part he neither writ it nor was 
prsent when it was writ. 

Then they asked him about y* ptest, whether it was done in 
his name, being subecribed in y* name of seuerall psons & 
many fkmilies in Guilford? he answered that he should giue 
Doe answer to it A sayd he was not bound to accuse himselfe. 

But Thomas Stephens being after accused by Richard Hub- 
b^, as one y* drew him into this busines, did confesse y' he 
DOW sees y* he had done y' which he ought not to haue done, 
nor should haue done it if bee had considered it, & j* he was 
sorry for it, & desired to haue it passed by, A confesty' he had 
grieued y« spirits of those among whom he liues. It being 
demanded, (y* eceing he was looked vpon as one of y* heads 
in this matter,) whether he would relinquish these things ? he 
answered y' soe fune as they were any blemish to j' court or 
any member of it he did. 

Bichard HubbaU called for examination, was told by y* 
govern'' y' it was y" courts pleasure to haue those called whose 
names was subscribed, & therefore desired to know whether 
he owned these subscriptions? he euading a plaine answer, 
not being able to write himselfe, but being asked whether it 
was not with his consent? he answered y^ there was such a 
paper shewed to him & hee asked if they should set his hand 
to it, to which he answered if they would they might, y* first 
paper was y' wliich John Benham spread, & y second was after 
y* courts declaration, to which latter he sajth he remembers 
yt he allowed not his hand to be sett to it; but being further 
questioned, whether he joyned in y* contrinance of them? he 
- answered he had noe hand in y* contriulng of them, but M'. 
Bossit' drew vp y* first, & they desired him y' if there was any 
thing in it to eleare y' he would be at court to giue answer, & 
he further sayd y' tliey could not haue subscribed it had not 
M'. Boesit' Tndertooke to manage it, & he pmised to make 
proofe of it. It was alsoe ppounded to him whether he was 
any of those bmilies in whose name the ptest was subscribed, 

484 BBOMDS OF THB [1662 

he answered not as he knew of. He was also asked whether 
he did now retract w^ he had done, or stand in y^ justifiicaticm 
of it, or was sorry that is soe spread abroad in y^ country to 
make such disturbance as it hath done at Stamford & South- 
hold? he answered that it was only his desire to haue w^ our 
law did allow & noe more, & whateuer is else, it was besides 
his intention, & he doth renounce & disowne it, & is sorry for 
any thing beyond this. 

John Bishop was called, & told y^ y^ court being mett about 
some other occasions & haueing beene excersised w^^ some 
aflicting excersises by some papr* sent abroad, & to which 
they find his name, desired to ^ whether he owned his hand. 
He answered first by way of euasion y* he did not, for he 
^s could not write, & desired proofe y^ he gaue order to any to 
set his hand to them, but afterwards granted y^ he gaue his 
consent to set his hand to both y* writings ; and being ques- 
tioned whether he contriued them, he denied it, & sd if it be 
[302] y« paper as || he thinkes it is, it was brought to him by 
M^ Bossit^ & read. He being asked if he still owne them & 
will stand by them or now detract, answered that if there was 
anything of disowning y« gouernmS he did vtterly disowne it, 
& sd he neuer vnderstood it soe & therefore would haue noe 
hand in it, for he had alwayes practised contrary. He was 
then told y« substance of y® writings & y' it was a season now 
to expresse himselfe if he had anything to say, for they had 
met w^*» this busines both from Stamford & Southhold, & y« 
rice of it was from them ; he answered he neuer vnderstood it 
as now he doth, he thought not a quarter of it, therefore sees 
he was meerely drawne in & did now vtterly renounce & dis- 
owne both y« writings, he only desired to haue y^ which o' 
lawes allow. 

WiHm Stephens was called, & asked if he would owne his 
hand to those two writings; he did owne them, and being 
asked if he had any hand in y® contriuance of y", he answered 
he neuer see any of them till they was done, he supposed they 
vnderstood who did them, he neither gaue order to haue them 
done nor knew of them till they was brought to him & read, 
which was done by M^ Bossit' at his house. He was asked 

1662] ^UBiSDicnoN of new haven. 485 

if he disowne j^ goaemm% he answered noe, nor neu^r did, 
nor had any such thought, for he onely intended to desire that 
which o' law did allow, & what is more in jr* papers is beyond 
his intentions. He was told that he had done all this after he 
had taken y* oath of fidelity. Sam^^ Eitchell informed the 
court y* W"> Stephens desired him to goe & speake to the 
gouem' to put out his name out of y« writings, & the gouern' 
answ^*^ him y^ if he would come & doe it himselfe before wit- 
nesse he might, but he could not doe it himselfe, but he came 

Tho: Cruttenden was called, & told y* they had not called 
him for accusation but for examinatiO, & first asked him 
whether he owned his subscriptions to those two writings ? he 
answered, yea he did ; then he was asked whether he framed 
them or was done by some oth"^ to his hand ? he answered y* 
he had but litle time & therefore could not giue his answ', 
but being further questioned about y« sending y« abroad, & 
whether he was able to make good y® things spoken in those 
writings, & whoe the psons were y* they asperse & charge with 
ynfaithfuUnes, &c, he after many turnes of speech did answ', 
yt he had noe hand in sending them abroad, but he thinkes 
Jno Benham had it at there towne, but he knew not whoe gane 
it him, & for y« psons aspersed, &c, he knew not, but this he 
could speake, y* he would say nothing to the defamation of 
this hono"^** court or any member of it, & y* it may be yMn a 
grosse writing there may be some particular expressions which 
they did not vnderstand, & sd it was his weakenes to set his 
hand to any thing he vnderstood not, or y* he did it inconsid- 
erately, but sd y* M'. RossilF drew vp jr* first writing & he 
api^hended y* they had liberty from jr* hono'<* gouern', in y« 
p'sence of M'. Pitch to expresse their grieuances, y« substance 
whereof was in y ^ writing. Then the gouern"^ asked him if w* 
[803] he had sd before M'. Pitch was not || to this purpose, 
& related as before to Tho: Stephens, which he did not deny ; 
then he was told y* in stead of that they seeke to rase o' fun- 
damentalls & cast aspersions vpo sundry, & soe send it abroad 
to their defamation whose hono^* they was bound to maintaine 
A p^serue, this wee take as Tnkind & ynneighborly dealing 

436 BEGOBDS OF THE [1662 

with Ts, & not sutable to y^ fidelity to which they was swomo^ 
therefore he was wisht to consider how it would stand with his 
oath ; and then after the court had answered their first wri- 
ting w^*> modesty, now vpon this they come w**> another paper 
& tread ypon vs, & render vs Ganaanite like, & you expecting 
Bahabs fauc, & this from you that are o'' neighbors, who 
should haue beene succour to vs if there had beene humane 
fraylty apeared in any of vs. He was further asked if he still 
owne it or was sorry for what he had done ? he answered y^ 
soe far as the things may be requested by them & granted by 
y« court he did still continue his desire, and being asked fur- 
ther about y® ptest, if he had any hand in it or did owne it? h 
sd he could say nothing to it. 

John Rossit"^ was called, & the gouern"^ told him that y« 
court calls for an examination of him now he being in durance, 
& it was told him how he had answered to y® marshall about 
paying of his fathers rates when his father was from home in 
an incouraging way, but y® marshall goeing after his father 
was come home, hopeing he would haue made good w^ he had 
sd but finding such opposition as they found; vpon the returne 
of y« marshall with the testimonies of other y^ was with him, 
the gouern' sd he thought it high time to suppresse these 
things, & vpon this ground he gaue forth a warrant to appre- 
hend & arrest you & your father, to be secured till y« court 
could heare & examine y® case, & soe they brought yo' father 
& you to his house, & after some speech they was sent to New- 
hauen, to be kept in durance. He was told y^ now he was 
called to giue in his answers to this or any oth^ miscarriages 
mentioned in y® warrant, & for, y« first case whether these 
things was soe or no ; he answered that he should be loath to 
answ' quaeries, but if there be an indictm* & proofe, he should 
giue his answ^ He was told that they knew noe inconven- 
iencie it would be to him, possibly it might p^vent a formall 
indictm^ ; he answered y' it would be an infringem^ to them 
of their libertie, for if they had beene examined at Guilford 
ihey should haue knowne w^ they had had to answi" for. The 
gouem' told him y* such a testimony giuen in to him under 
soe many hands he thought sufficient to doe as he did, till the 

1662] JUBiSDicnoiT of new hatek. 48T 

opart could exainine y matter, but he refusing to annr' w*^ 
out a charge layd againet w^'' y* vitnessee, he vaa told that 
the forme of his charge was in j* warrant, tie:, resistaDCe and 
ooDtempt of authourity setled, &c, now first for his fact of 
resistance of authoritj, which was the occasion of comitting 
him, whether ho would owne it or noe? he was told y» j* 
worst thej wished him was y' he would see his euill & depart 
[304] from it, || but he refusing to giue ausw' till he heard v* 
y* witnesses would say, tliey was then called, k first Jn" Scran- 
tum y* marshall spake as followeth, that y* treasurer brought 
him tw& warrants, one for y^ jurisdiction & one for y* towne, 
to streine for rates of y" y^ was behind, whose names was on 
y* backside of y* warrants, & M'. Rossit^s name was in both, 
soe he went to Jn" Rossif, (his father not being at home,) & 
read the warrants & the sumes ; Jn^ Rossit^ beii^ asked if this 
was soe, he answered yea, & j' he did not question but his 
father would pay y* towne rates, (for he had heard his father 
say soe,) if they would stay while bis father came home, and 
ftirther Ja" questioned whothor they was his fathers sumes, & 
they told him his father should bring in an account of his 
charges about y* Oolonells, & further yt Jn° said he would goe 
to y* treasurers about it, & y treasurer sd he did soe, k told 
him at smittis shop y' if cattle would doe he did not question 
but they would be payd, to which y" treasurer answered y* he 
thought they would, & if they would choose one k he another 
they would doe something y' way; but this latter part Jn<» 
Rosseter denied, &, said he had not power to dispose of his 
fathers cattle. Then y« marshall further related y' when y" 
treasurer told him y' there was nothing done in it, he then 
went to distreine, (M^. Bosset' being come home,) k hearing 
there would be resistance, he tooke with him some to assist 
him, & soe went to M'. Rosseters house one morning, & he 
coming out of y doore he told him he had two warrantB to him 
in both which he was as one behind in paym' of his rates, & 
soe reade y", £ sd to him if he would make p'sent pay he 
should not distreine, but M'. Rosset^ answered he would not 
pay it then nor next morning neither,* then y* marshall he 

* Ur. Roifitar had rtfoMd to pay ratal for his panon and bona, cm tha gronnd of 
hia baitig an allow ad pbTUoian, pleading that the lawa olnationaaxataptadiiichihini 

488 RECORDS OF THB *• [1662 

went away to take two cowes & told the men y^ was with hifii 
which they was, <& as he turned away he heard Jn® Bosset' say 
y^ they should haue noe cowes there, & then came & tooke vpan 
axe, & went to the gate, & told vs we should haue noe cowes there. 

Jn® R: being asked whether he owned y* he soe sd, answered 
y* there being a gap in y« fence, supposing they would haue 
droue out y® cattle there he tooke vp an axe to goe to stop the 
gap, & sd they should driue out noe cattell there. This testi- 
mony of ye marshall, W°» Stone & Richa: Bristow, being giuen 
in vpon oath in M^ Rosset" examination is omitted here, but 
haueing all spoken, Jn^* Rosset>^ owned it as legally prooued, 
& the issue was y* y® cattle' was lef