USA > Connecticut > New London County > New London > History of New London, Connecticut, From the First Survey of the Coast in 1612 to 1852 > Part 24
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Minutes of cases before Court of Assistants, 1664, 1665 and 1666.
" Isaac Waterhouse indicted for throwing the cart and stocks into the Cove.
" Several persons fined for pulling down Mrs. Tinker's house. A person be- longing to Seabrook, for uttering contumelious speeches against his Majesty when in liquor ; to be whipt immediately at New London, and a quarter of a year hence at Seabrook ; Mr. Chapman to see it done.
" Uncas versus Matthew Beckworth, Jun., for burning a wigwam of his.
" Cases of defamation,-Samuel Chester vs. Goodwife Chiapple,-Thomas Beeby vs. Hugh Williams, a stranger, for defaming his wife, -- Matthew Gris- wall vs. Wolston Brockway and wife, -- Wolston Brockway and wife vs. Mat- thew Griswall, -- Capt. Denison vs. Thomas Shaw,-Capt. Denison vs. Elisha and William Cheesebrook
" Wolston Broekway complained of by Matthew Griswall for entertaining a runaway at his house."
Before this court Capt. Denison brought various charges against a young man at Mystic, by the name of John Carr, accusing him of engaging the affections of his daughter Anne without leave-of pro- posing to her to leave her father's house and marry him-of taking a cap and belt and silver spoon from his house, and finally of defaming his daughter. Carr retracted all that he had said against the young lady, but was fined on the other counts £34, 7s. 6d.
John Carr appears to have had an extra quantity of wild oats to
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sow ; the next year he was again arraigned, together with John Ash- craft, for various misdemeanors, endeavoring to entice women from their husbands, concealing themselves in houses, writing letters which had been intercepted, &c. They were fined, and the wives of sev- eral men solemnly warned and ordered to take care. (John Carr died 1675.)
Capt. Denison was himself presented at the same session of the court, (1664,) by the constable of Southerton, for marrying William Measure and Alice Tinker, and put under bond of £100 to appear at Hartford, in October, and answer to the presentment, and likewise for such other misdemeanors as shall there be charged against him.
By referring to the records of the General Court, it is ascertained that Capt. Denison forfeited this recognizance; being three times called he did not appear. His offense probably consisted in the com- mission under which he acted, which was derived from Massachu- setts ; Capt. Denison having hitherto refused to submit to the author- ity of Connecticut. But in May, 1666, the difficulty was accommo- dated, and he was included in the indemnity granted to other inhab- itants of Stonington.
County courts were constituted by the General Assembly in May, 1666. New London county extended from Pawkatuck River to the west bounds of Hammonasset plantation, (Killingworth,) including all the eastern part of the colony, and the courts were to be held an- nually, in June and September, at New London.
The first court assembled September 20th, 1666. Major Mason, Thomas Stanton and Lieutenant Pratt, of Saybrook, occupied the bench ; Obadiah Bruen, clerk. In June, 1667, Daniel Wetherell was appointed clerk and treasurer. After this period Major Mason's health began to decline, and he was seldom able to attend on the court ; as there was no other magistrate in the county,1 the General Court, after 1670, nominated assistants to hold the court in New London annually. In 1676, Capt. John Mason, oldest son of Major Mason, was chosen assistant, but the same year in December, re- ceived his death wound. Capt. James Fitch was the next assistant from New London county. He came in about 1680, and Samuel Mason, of Stonington, soon afterward.
County Marshalls. Thomas Marritt (or Merritt) appointed in December, 1668; resigned, 1674.
1 In May, 1674, Major Palmes was invested with the authority of a magistrate for New London county, but was never chosen an assistant, though often nominated.
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HISTORY OF NEW LONDON.
Samuel Starr appointed 1674; resigned, 1682.
Stephen Merrick, appointed 1682.
John Plumbe, appointed 1690.
Minutes of cases, chiefly before the County Court.
" 1667. Alexander Pygan complained of by Widow Rebecca Redfin, [Red- field, ] for enticing away her daughter's affections contrary to the laws of this corporation.
" Goodwife Willey presented for not attending public worship, and bringing her children thither ; fined 5s.
" Matthew Waller for the same offence, do.
" George Tongue and wife were solemnly reprimanded for their many offences against God and man and each other. On their submission and prom- ise of reformation, and engaging to keep up the solemn duty of prayer and the service of God in the family, they were released by paying a fine of £3.
" Hugh Mould, Joseph Coit and John Stephens, all three being ship carpen- ters, are at their liberty and freed from common training.
" Wait Winthrop, as attorney to Governor Winthrop vs. James Rogers. Both parties claimed a certain pair of stillyards ; Rogers had recovered judg- ment ; it was now ordered that the stillyards should be kept by Daniel Weth- erell till Richard Arey should see them. L
" 1670. Unchas brought under a bond of £100 for appearance of his son, Foxen,2 and two Indians, Jumpe and Towtukhag, and $ Indians more for breaking open a warehouse. He was fined 50 bushels of Indian corn for his son, 5 pound in wampum to Mr. Samuel Clarke and 20 pound in wampum to the country treasury.
" Major Mason vs. Amos Richardson, for defamation, calling him a traitor, and saying that he had damnified the colony £1,000.3 Defendant fined £100 and costs of court.
" John Lewis presented by the grand jury for absenting himself at unseason- able hours of the night, to the great grief of his parents.
" John Lewis and Sarah Chapman presented for sitting together on the Lord's day, under an apple tree, in Goodman Chapman's orchard.
" William Billings and Philip Bill fined for neglect of training.
" 1672. Edward Palmes, clerk of the court.
" Richard Ely, in right of his wife, Elizabeth, [} versus John Cullick, as adm'r on estate of George Fenwick. This was an action for recovery of a legacy left said Elizabeth, by the will of Fenwick. Recovered £915 and costs.
"Jolin Pease complained of by the townsmen of Norwich, for living alone, for idleness, and not attending public worship; this court orders that the said townsmen do provide that Pease be entertained into some suitable family, he
1 For the purpose of ascertaining if they were the same steelyards that the said Aery sold to James Rogers.
2 Not Foxen, the counselor of Uncas.
3 Major Mason also carried this complaint against Mr. Richardson, before the Gen- eral Court. See Comm. Col. Rec., vol. 2, p. 168.
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paying for his board and accommodation, and that he employ himself in some lawful calling.
" A negro servant of Charles Hill presented for shooting at and wounding a child of Charles Haynes.
" 1673. John Birchwood, of Norwich, appointed clerk.
" Widow Bradley presented for a second offence, in having a child born out of wedlock, the father of both being Christopher Christophers, a married man ; sentenced to pay the usual fine of £5, and also to wear on her cap a paper whereon her offence is written, as a warning to others, or else to pay £15. Samuel Starr became her bondsman for £15 1
" Ann Latimer brought suit against Alexander Pygan for shooting her horse ; damages laid at 30s. Defendant fined and bound over to good behaviour for presumptuous and illegal carriage in shooting Mistress Latimer's horse.
" James Rogers, Jr., for sailing in a vessel on the Lord's day, fined 20s.
" Edward Stallion for sailing his vessel from New London to Norwich on the
L Sabbath, 40s.
" Steven Chalker, for driving cattle on the Sabbath day, 20s.
" Sept. 1674. Complaint entered against Stonington for want of convenient highways to the meeting-house. The court ordered that there shall be four principal highways according as they shall agree among themselves to the four angles, and one also to the Landing-place, to be stated by James Avery and James Morgan, within two months.
" Sept. 1676. James Rogers, Sen., John, James and Jonathan, his sons, presented for profanation of the Sabbath, which is the first day of the week, and said persons boldly in the presence of this court asserting that they have not, and for the future will not refrain attending to any servile occasions on said day, tliey are fined 10s. each, and put under a bond of £10 each, or to continue in prison.
" Matthew Griswold and his dr. Elizabeth versus John Rogers, (husband of said Elizabeth,) for breach of covenant and neglect of duty ; referred to the Court of Assistants.
" John Rogers ordered to appear at Hartford Court, and released from prison a few days to prepare himself to go.2
"1677. Thomas Dunke for neglecting to teach his servant to read is fined 10s.
" Major John Winthrop vs. Major Edward Palmes, for detaining a certain copper furnace and the cover to it ; damages laid at £5.
" William Gibson owned working on the first day of the week ; fined 5s.
" 1680. Capt. John Nash, presiding judge.
" Thomas Dymond vs. barque Providence, stranded on Fisher's Island, for salvage of goods.3
1 Christopher Christophers and the Widow Bradley were afterward married, prob- ably in 1676. Offenses of this nature were often presented by the grand-jurors. This one is noticed on account of its peculiar penalty.
2 This was the commencement of the dealings with the Rogers family. As the subject is amply treated in a foregoing chapter, the subsequent cases respecting them will be omitted in these extracts.
3 This and similar cases that occur show that the county court had cognizance of marine affairs and custom-house duties.
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HISTORY OF NEW LONDON.
" 1681. Unchas complains of much damage in his corn by English horses this year.
" 1682. New London presented for not having a grammar school, fined £10; also for not having an English school for reading and writing, £5.
" William Gibson and William Chapell fined for fishing on the Sabbath.
" Elizabeth Way presented for not living with her husband. The court orders her to go to her husband or to be imprisoned."
Her husband resided in Saybrook, and she persisted in remaining ' with her mother, at New London. She was the only daughter of John and Joanna Smith. A remonstrance of her husband against her desertion of him is on record at Saybrook. The order of court was disregarded.
" Capt. George Denison and John Wheeler fined 15s. for not attending public worship.
" 1686. Chr. Christophers vs. Thomas Ice, for trespass on his land at Black Point. The jury find that a north line from Reynold Marvin's N. E. corner to come to the Gyant's land, takes in a part of the land plowed by Thomas Lee, by which they find said Lee a trespasser, and that he surrender to C. C. all west of said north line.
" 1687. Mr. Joseph Hadley, of Youngers, in the government of New York, enters complaint against William Willoughby and Mary Wedge, formerly so called, yt the said woman and Willoughby are run from Yorke, and she is a runaway from her husband Ake Peeterson, and is now at Mr. Elyes.
" This court grants liberty unto Mr. Charles Bulkley to practise physick in this county, and grants him license according to what power is in them so to do.
" Oliver Manwaring licensed to keep a house of publique entertainment and retail drink, 40s. pr. year.
" Mr. Plumbe for his license to pay £3 pr. year.
" Complaint being made to this court by John Prentice against William Bcebe for keeping company with his daughter Mercy, and endeavoring to gain her affections in order to a marriage, without acquainting her parents, which is contrary to law, the said Wm. Beebe is ordered to pay a fine to the County Treasury of £5.
" At a County Court held at New London, June 4, 1689. Whereas the Governor and Company in this colony of Connecticut have re-assumed the government, May the 9th last past, and an order of the General Assembly that all laws of this Colony formerly made according to Charter, and Courts constituted in this Colony for administration of justice, as before the late inter- ruption, shall be of full force and virtue for the future, until further order, &c.
" Sept. 1689. By reason of the afflicting hand of God upon us with sore and general sickness, that we are incapacitated to serve the King and Country at this time, we see cause to adjourn this Court until the first Tuesday in Novem- ber next.
" 1690, June. John Prentice, Jun., master of the ship [vessel] New Lon- don, action of debt against said ship for wages in navigating said ship to Eu- rope and back.
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HISTORY OF NEW LONDON.
" Nicholas Hallam brings a similar action, being assistant [mate] on board said ship.
" The Court adjourned to first Tuesday in August, on account of the conta- gious distemper in town.
" July 3, 1690. Special Court called by petition of Mrs. Alice Living, to settle the estate of her husband. Major Palmes refusing to produce the will, administration was granted to Mrs. Living.
" Jonathan Hall, of Saybrook, for setting sail on the Sabbath, July 27, fined 40s.
" 1693, June. George Denison,1 grandson of Capt. G. Denison, a student of Harvard College, prosecuted for an assault on the constable, while in the exe- cution of his duty.
" Sept. John Chapell, Israel Richards, John Crocker and Thomas Atwell, presented for nightwalking on the Sabbath night, Sept. 17, and committing various misdemeanors, as pulling up bridges and fences, cutting the manes and tails of horses, and setting up logs against people's doors ; sentenced to pay 10s. each, and sit two hours in the stocks."
The first prerogative court in the county was held at Lyme, April 13th, 1699. The next at New London, August 28th. Daniel Wetherell, Esq., judge. This court henceforward relieved the county court from the onerous burden of probate of wills and settlement of estates.
The justices of peace in New London, in 1700, were Richard Christophers and Nehemiah Smith. The former was judge of pro- bate in 1716.
In 1700, Lebanon was included in New London county, and in 1702, Plainfield. The other towns were New London, Norwich, Stonington, Preston, Lyme, Saybrook and Killingworth.
" Complaints of the Grand Jury to the Court holden at New London, June 4, 1700.
" New London for want of a Grammar School ; also want of a Pound, and deficiency of Stocks.
" Stonington for having no Stocks according to law ; also no sworn brander of horses.
" Norwich for want of a School to instruct children.
" Preston for want of Stocks, and not having a Guard on the Sabbath and other public days."
" June 4, 1701. New London County was presented by the Grand Jury as deficient in her County prison, and for not providing a County standard of weights and measures ; also for great neglect in the perambulating of bounds betwixt town and town.
1 This was probably George, son of John Denison, of Stonington, and the same per- son that in June, 1698, was chosen clerk of the county court. He was son-in-law of Mr. Wetherell, who was then chief judge.
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HISTORY OF NEW LONDON.
" New London and Lebanon presented for a deficiency in their town stock of ammunition."
Note on Horse-coursing .- In the trade with Barbadoes, Surinam, and other southern ports, no article of export was more profitable than horses. A law was enacted in 1660, requiring that every horse sent out of the colony should be registered, with its marks, age and owner. Accordingly, in 1661, we find recorded :
" Mr. Clay's gray mare shipt for Barbadoes in the Roebuck ; also four mares delivered by Harlakenden Symonds, and one shipt by Mr. Tinker."
As the trade increased from year to year, the raising of horses be- came an important business, and many farmers entered into it largely.
Lands at that time being in a great degree uninclosed, the animals were let loose in the woods, with the mark of the owner carefully branded upon them. The ease with which they could be inveigled and carried off, and the stamp of the owner obliterated or concealed, en- couraged an illicit trade in these animals, which soon filled the courts with cases of theft and robbery. A bold rover in the woods might entrap half a dozen horses with ease, and shooting off through In- dian paths by night, reach some port in a neighboring colony where himself and the mark upon his horses were alike unknown; and be- fore the right owner could get track of them, they were afar on the ocean, out of reach of proof. Many persons, otherwise respectable, entered into this business or connived at it. Men who would scorn to pocket a sixpence that belonged to another, seemed to think it no crime to throw a noose over the head of a horse running loose upon the common, and nullify the signet of the owner, or engraft upon it the mark that designated their own property.
Those who traded in horses, that is, who went round the country, buying them up, gathering them into pounds ready for sale, or driv- ing them to the ports from whence they were to be shipped, were called Horse-coursers. Of these, very few escaped the suspicion of - having at one time or another enlarged a drove by gathering into it some to which they had no just or legal claim.
Courts were several times held at New London, Norwich and Stonington, for the trial of persons accused of taking up and appro- priating stray horses, and the developments were such as to throw a dark shade upon the habits of horse-coursers. The punishments in- flicted were fines and whippings. At Stonington, Jan. 12th, 1683-4, a court was held for the trial of horse-coursers; it is the first of which any account has been found. Two persons were convicted ;
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HISTORY OF NEW LONDON.
one was sentenced to pay £10, or to have fifteen lashes; the other £5, or to have ten lashes. Other persons who knew of the offense, which the court calls a crying evil, against which they are bound to bear testimony, and concealed it, were also fined.
Similar instances occurred from year to year ; but the delinquency was not upon a large scale. A stray colt was concealed, a mare sur- reptitiously obtained, a pacer ferreted away, or perhaps three or four horses at a swoop carried out of the colony. But as we approach the end of the century, the disclosures become more alarming. In- dividuals in all parts of the county, from Lebanon to Stonington, became implicated; some were convicted; others declared "suspi- ciously guilty."
In June, 1700, an adjourned court was held at New London pur- posely for the trial of horse-coursers. The penalty for a first offense was a fine of £10 and to be whipped ten lashes; for a second, £20 and twenty lashes ; for a third, £30 and thirty lashes, and so on. One notorious offender was convicted three times, but by the clemency of the court, the lashes were each time remitted.
1
CHAPTER XVIII.
Campaign of General Winthrop on the northern frontier .- Fort built on the Parade .- Province Galley .- Bringing the guns from Saybrook .- Patent .- Proprietors .- Commons .- Court-House .- New inhabitants.
In the year 1690, New York and the New England colonies uni- ted in sending an expedition against Canada, from which province the French and Indians had issued and destroyed Schenectady, Feb. 8th, 1690. The command of the land forces was given to Fitz- John Winthrop, who had the rank of major-general and commander- in-chief. Sir William Phipps commanded the fleet. Winthrop marched with his forces to Lake Champlain, but could go no further. The Indian auxiliaries failed ; provisions were scarce, and he was obliged to retreat to Albany for subsistence. The fleet was no less unfortunate ; it sailed too late, and on arriving at Quebec, found the place too strong for them. After an abortive attempt upon the town, in which they received more injury than they inflicted, the fleet re- turned home and the whole enterprise utterly failed.
The government of New York was greatly exasperated at General Winthrop's retreat, attributing the failure of the expedition entirely to him. If he had pressed onward they said, to Montreal and kept the French troops occupied in that quarter, Quebec, left defenseless, would have surrendered at the first summons. So great was their dissatisfaction, that on Winthrop's arrival at Albany they procured his arrest, and he was only saved from a disgraceful trial before pre- judiced judges, by the bold and adventurous friendship of the Mohawks under his command. They crossed the river, freed their general from restraint, and gallantly conducted him back to the camp.1
1 Trumbull's Hist. of Conn., ch. 16.
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HISTORY OF NEW LONDON.
The reputation of Winthrop in his native colony was not dimin- ished by the disastrous issue of the enterprise. After the strictest scrutiny the Legislature approved of his conduct, and in view of the difficulties that he encountered, deemed that he had acted the part of a wise and discreet commander. But in New York he was regarded with bitter animosity; and the officers belonging to his council, who had concurred in his measures, were obliged to retire with him to Connecticut, there to wait till the fury of the storm was spent. Among these exiles was Captain, (afterward Colonel) John Livings- ton, who accompanied Winthrop to Hartford and subsequently to New London, where he became a landholder and an inhabitant. He married Mary the only child of General Winthrop, and continued to . make New London his home, until November, 1718, when he went to England on some business, and there died.
While the troops of the colony were absent on the Canadian fron- tier, several French privateers entering Long Island Sound, captured a number of vessels, and with hostile demonstrations greatly alarmed Stonington, New London and Saybrook. The militia from the inte- rior were summoned to the defense of the seaboard, and for a few days great excitement prevailed. But the enemy were not in suffi- cient force to hazard a conflict, and they contented themselves with a descent upon Block Island, where they took several of the inhabit- ants prisoners and a considerable booty.
Danger at this time came so near New London that the inhabit- ants were aroused to the necessity of fortifying the town. Notwith- standing the site for a fort had been so early marked out, nothing in this line had as yet been commenced. Both the town and the colony appear to have relied on the mother country for assistance in fortify- ing New London.
In 1680 the government, in reply to certain questions proposed by the Lords of Trade and Plantations, speak thus of the town and harbor :
" The Harbor lyeth about a league up the river, where the town is; ships of great burden may come up to town, and lye secure in any winds ; where is great need of fortification, but we want estate to make fortification and pur- chase artillery for it, and we should thankfully acknowledge the favor of any benefactors, that would contribute towards the doing of something towards the good work."1
But while they were waiting for aid from abroad, the town might
1 Hinman's Antiquities, p. 137.
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HISTORY OF NEW LONDON.
be ruined by a single bold stroke of piracy. The General Court therefore assumed the business, and in the course of the year 1691 a fort or battery was constructed, and furnished the same season, with " six great guns from Seabrook"-probably four or six-pounders. This fortification stood on the point or eastern border of the present Parade, where is now the Ferry wharf. On the higher ground to the west were the magazine and guard-house.
The Province galley was at this time commanded by Capt. John Prentis, (second of that name;) its rendezvous was at New London. In May, 1695, he was suddenly ordered to equip for an expedition- which was to last only three weeks. Men, arms and provisions were impressed for immediate service; May 27th, Mr. Wetherell notes, "Ten soldiers arrived from New Haven and Fairfield Co., impressed for the Province sloop." The object of this cruise has not been ascertained. After this period for several years Capt. Prentis had a general charge and oversight of the fort, by commission from the governor, but no regular garrison was maintained, and the works hastily built, soon decayed.
The warfare on the northern frontier continued, until the mother nations were pacified at the peace of Ryswick in 1697.
The exhibits of debt and credit, dry and trivial as the entries may seem, are often illustrative of the history and manners of the times. A few items from the accounts of the town and county treasurer may be cited as examples.
" 1691. To Sam" Raymond 5 dayes for fetching ye gunns -- he went by land wth his horse, 16s.
" To Capt. Wetherell, 5 dayes do, -- wth expense for himself and Raymond and provision for those yt went by water £2. 4s. 3d.
" To John Prentis, Jeremy Chapman, Oliver Manwaring, Nath1 Chappell, Willm Miner, Thomas Crocker, Thomas Daniels,-for fetching ye gunns from Seabrook, (from 15 to 18s. each.)
" To Mr. Plumbe for his horse boat to fetch ye gunns &c. £1. 10s. 6d.
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