USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 10
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[121] The Gour is desiered to returne an answere to the Towns of Stratford and Vncocoaue, of Mr. Ludlowe his letter conserneing his prpositions made to the Court about the manner of Rateing & his chardges for Country imployment.
It is Ordered, that whosoeuer arests or retaynes any mans goods by way of Attachment or Repliuy, shall put in good security to prosecute the sute wthin conuenient tyme, and to pay what damages shall arise vppon his neglect or not makeing good his action, and shall pay xijd. for the attachment or repliuy & vid. for his recognizance or bond.
Also, no Magistrate shall graunte any warrant conserneing prsonall actions, but the demaunder thereof shall pay 4d. for yt.
Also, there shall be 2s. vid. payd for the Recording euery Will and Inventory that is vnder the some of 407. and iijs. 4d. if aboue 40l.
It is Ordered, that the Towne Clarkes or Registers in the seuerall Townes within this Jurisdiction, shall ech of them keepe a record of the day of mariedge of euery prson hereafter
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maried wthin theire libertyes, and of the day of the birth of euery child hereafter borne, to who the parent of the child shall wthin three dayes after the birth of his child certifie the day of the childs birth, and to who euery man that shall be maried shall wthin three days after his mariedge certifie his mariedge day, vnder the penalty of 5s. euery default. The said Register is to receaue vid. for recording the day of mariedge & iid. for recording the birth of the child.
It is Ordered, that no Inhabitant wthin these libertyes shall. suffer any Indean or Indeans to com into their howses, except the Magistrats or Traders, who may admitte of a Sachem if he com not wth aboue 4 men ; Only Vncus who hath bine a fryend to the Englishe may com wth 20 and his brother wth 10.
The Order of the 8th of Septeber, 1642, conserneing trading wth Indeans, is repealed.
Whereas Mr. Mathew Allen hath presented severall peticons to this Court for releefe against the Church of Hartford, in regard of his censure of excommunicacon, wherein he affirmes he hath beene wronged by the sayd Church; It was the iudg- ment of the Court that the sayd Allyn by his peticons and ex- pressions in Court concerning the sayd businesse, hath layd an accusation vppon the Church of Hartford, and that he ought to bring into the Court the prticulars of his accusation, that the Church of Hartford may giue answere thereunto.
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[122]
JUNE THE VIth, 1644.
Ed : Hopkins Esqr.
Jo : Heynes Esqr, Dep.
George Willis Esqr, Mr. Webster, Mr. Whiting, Mr. Welles, Capten Mason, Mr. Woolcott.
The Jury .- Nath: Waird, Jo: White, Wm. Pantry, Rich: Gudman, Mr. Olister, Mr. Chester, Jo: Demon, Tho: Tracy, Roger Willias, Walter Fyler, John Taylor, Tho: Boscom.
Clement Chaplin pl. againste Henry Smith and Samuell Smith defts, in an action of the Case. The pl. appeareth not.
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OF CONNECTICUT.
Math: Allen plant, against Will' Lewis deft, in an ac. of the Case, to the damage of 14l.
Will' Whiting pl. agt Dauid Wilton deft, in an action of the Case, to the damage of xl.
George Steele pl. agt John Carrington deft, in an action of the Case.
Nath : Willet pl. agt Will' Edwards deft, in an ac. of debt.
Will' Perwydge pl. agt Math: Allen deft, in an ac. of the Case.
Robert Howard pl. as attorny to Ed: Welles agt Will' Edwards, deft, in an ac. of debt.
Will' Edwards pl.
Daniell Frost
1. Will' Lewis pl. agt Mathew Allen deft, in an ac of the Case.
Tho: Osmore pl. agt John Plum deft.
2. Will'. Lewis pl. agt Math: Allen deft, in a 2ª action of the Case.
Mr. Woolcot pl. agt Tho : Marshefield deft, in an ac. of the Case to the damage of 431. Execution graunted.
In the ac. of Clement Chaplin pl. agt Henry Smith & Sam- uell Smith defts, the Jury find for the defts, costs of the Courts. One witnesse.
In the ac. of Mathew Allen pl. agt Wm. Lewis defent, the Jury find for the pl. that the deft is to pay rent according to his bargen wth Will' Cornewell, as he was to pay, for the prportion of land he holds, for the terme of three yeres & a halfe paste, and 20s. 4d. costs.
In the action of Will' Whiteing pl. agt Dauid Wilton deft, the Jury find for the pl. the deft is to returne the steere, and costs of Court 8s. vid.
In the ac. of Will' Perwydge pl. agt Math: Allen deft, Mr. Styles and Will' Pantry are the Arbitrators chosen to value the worke according to their last agreement; & wn Wm. Perwydge hath giuen security to prform the bargen, Math: Allen is to satisfie for the worke as the Arbitrators shall award.
[123] In the ac. of Robert Howard pl. agt Wm. Edwards deft, the Jury find for the deft, xis. vid. Costs.
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In the ac. of Tho: Osmore pl. agt John Plum deft, the Jury find for the pl. fiue pownd fiue shillings damages & costs of Court.
The actions of Will' Lewis pl. agt Math: Allen deft, are referred to arbitriment of John White & John Taylor.
In the ac. of Henry Woolcott pl. against Tho : Marshefield deft, the Jury find for the pl. 25l. xs. damages & costs of Court.
John Pratt is freed fro watching, according to the prmise of the Generall Court.
John Styles is fyned, 2s. vid. John Sadler is fyned, 5s.
Tho: Watts, for trayneing wth a peece chardged, is fyned 20s. Peter Blachfield is fyned 5s.
Vppon the further euidence that Tho : Steynton hath brought into the Court conserneing a late sute presented agt him by Math: Allen pl., execution is respited vntill the next Court.
The prticuler Court is to be held the first Thursday in August
Benedictus Aluerd acknowledgeth himselfe bound in a recog- nizance of xl. to the Country, pruided if in convenient tyme he prsecute the sute vppon an attacht he hath taken agt the goods of John Cooke or answer such damages as may vppon his neg- lect or not makeing good the action, then this to be voyd.
Tho: Welles.
The 7 men who haue power to Order Fences and sett penal- tyes, haue the like power to graunt execution vppon the forfeture thereof.
JULY THE 4th, 1644.
Mr. Hill is desiered to assist the Gour and Deputy to audicte the Tresurers accoumpte.
There is a Rate of 100l. graunted to be leuied vppon the three Townes.
[124]
AUGUST THE FIRST, 1644.
Ed : Hopkins Esqr, Gour.
Mr. Webster, Mr. Whiting, Mr. Welles, Mr. Woolcott.
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The Jury .- Mr. Parke, Mr. Cullicke, Jo: Barnard, Will: Gybbins, Rich: Lord, Mr. Chester, Frances Norton, Sa: Smith, John Byssell, Rob: Wynchell, Tho: Buck- land, Tho: Ford ; Jur.
John Demon pl. agt Ed: Preston, in an actio of the Case, 20 bush1 of Ry & 10s. damages.
Ephrā Huit pl. agt Walter Fyler deft, in the behalfe of the Towne of Wyndsor, in an ac. of the Case.
Richard Mylls pl. agt Willi Combstocke & John Sadler defts, in an ac. of Slaunder to the damage of 200l.
Rich: Mills pl. agt James Norton deft, in an ac. of debte to the damage of 201.
Mr. Wm. Whiting pl. agt James Whatly deft, in an ac. of the Case to the damage of 4l.
James Whatly pl. agt Tho: Osmore deft, in an ac. of the Case.
James Whatly pl. agt Tho: Ketling deft, in an ac. of Slaun- der to the damage of 5l.
In the ac. of John Robins pl. agt Nath: Foote deft, the Jury find for the deft costs of Court.
In the ac. of John Robins pl. agt Rich: Beldon deft, the Jury find for the pl. damages 5l. according to the Arbitribers, leaue- ing the former damages to be issued by the Arbitrators, and costs of Court.
In the ac. of Nath: Foote pl. agt Robert Rose deft, the Jury find for the pl. damages xiid. and costs of Court.
In the ac. of John Demon pl. agt Ed: Preston deft, the Jury find for the pl. 20 bush. of Ry & 10s. damages & costs of Court.
In the ac. of Mr. Whiteing pl. agt James Whately deft, the Jury find for the pl. damages 3l. 16s. country pay, or 3l. mony, and costs of Court.
In the ac. of Ephra Huit pl. agt Walter Fyler deft, the Jury find for the pl. the land he sued for & costs of Court.
[125] In the action of James Whatly pl. agt Tho: Ketling defent, the Jury find for the pl. 13s. 4d. damages and costs of Court. Execution graunted.
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[126]
SEPT. THE * 1644.
Edward Hopkins Esqr, Gour.
Jo: Heynes, Esqr, Dep.
George Willis Esqr, Mr. Webster, Mr. Welles, Mr. Woolcott.
The Jury .- Nath: Foote, Nath: Dickinson, Tho: Vffoote,
John Elson, Rich: Webb, Will' Rescue, Tho: Osmor,
Rich: Butler, Joseph Loomes, Franc: Styles, Tho: Dewe, Tho: Orton ; Jur.
Nath: Wylled plant agt Will' Edwards deft, in an action of debt.
James Whatly pl. agt John Lattimore deft, in an ac. of Slaun- der.
James Whatly pl. agt Tho: Osmor deft, in an ac. of the Case.
James Whately pl. agt Richard Harris deft, in an ac. of slaunder.
Will' Perwidge pl.
Math: Beckwith & Tho: Hungerford pl. agt Will' Edwards deft, in an ac. of slaunder.
Tho: Steynton pl. agt Math: Allen deft, in an actio of the Case.
John Lattimor to pay 5s. damages to James Wakely.
Rich: Mylls to pay 5s. damages to James Northū.
The Inventory of John Cattell was brought into the Court & by Will' Gybbins & his wyddowe to administer.
James Hallet, for his thefte, is adiudged to restore fowerfold for what shall be proued before Capten Mason & Mr. Woolcott, and to be branden in the hand, the next Trayneing day at Wyndsor.
In the ac. of James Whatly pl. agt Richard Harrison, the Jury find for the pl. vid. damages & costs of sute.
In the ac. of Math: Beckwith & Tho: Hungerford pl. agt Will' Edwards deft, the Jury find for the pl. damages 20s. & costs of Court.
* Blank in the original. -
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[128]
SEPTEMBER THE 12th, 1644.
John Heynes Esqr, Dep. Gour.
George Willis Esqr, Mr. Webster, Mr. Whiteing, Mr. Welles, Mr. Woolcott, Capten Mason.
Deputyes :- Mr. Steele, Mr. Talcoate, Mr. Westwood, Mr. Cullicke, Mr. Hill, Mr. Hull, Mr. Gaylard, Henry Clarke, Mr. Trott, Mr. Olyster, James Boosy, Samuell Smith.
The Court is adioyrned to the 25th of this month, after the lecture.
Mathew Maruen pl. agt Peter Bassaker.
THE PITICULER COURT, THE 24th OF OCTOBER, 1644.
Ed: Hopkins Esqr, Gour. Jo: Heynes Esqr, Dep.
George Willis Esqr, Mr. Webster, Mr. Welles.
The Jury .- Henry Woolcott, Jo: More, Dauid Wilton, Tho: Gunne, Richard Wascote, Joseph Magott, Will' Lewes, Tymothy Standly, Tho: Coleman, Will' Palmer, Jo: Stadder, Jo: Wastall.
In the action of James Whatly pl. agt Tho: Osmore defent, the Jury find for the pl. damages 47. 12s. and costs of Court. Execution graunted.
THE GENERALL COURT, THE 25th OF OCTOBER, 1644.
Whereas, Mr. Mathew Allen of Hartford formerly prsented a petition to the Court, wherein he chardged the Church of Hart- ford to doe him wrong, the wch he was to haue prued in Court, but hath neglected to make yt appeare, It is now Ordered, that he shall haue a coppy of the answer formerly giuen to the peti- tion now sent to him, and be required to bring in his answer thereunto & giue yt in Court the 27th of Noueber, and also an- swer his former contempt.
It is agreed that the prpositions concerneing the maynten- aunce of mynisters, made by the Comissioners of the Vnited
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Collonies, shall stand as an Order for this Jurisdiction, to be exe- cuted accordingly where there shall be cause .*
[129] The prpositions conserneing the mayntenaunce of scol- lers at Cambridge, made by the said Comissiors is confirmed, and It is Ordered that 2 men shalbe appoynted in euery Towne wthin this Jurisdiction, who shall demaund what euery family will giue, and the same to be gathered and brought into some roome, in March; and this to continue yearely as yt shalbe considered by the Comissiors.t The prsons to demand what will be giuen are
For Hartford, Nathaniell Waird and Ed: Stebbing.
(to gather yt, Rich: Fellowes, Tho: Woodford. ) For Wyndsor, Will' Gaylard, Henry Clarke. For Wethersfield, Mr. Trott, Mr. Wells. For Stratford, Will' Judson, Jo: Hurd.
For Vncowaue, Jehue Burre, Ephraim Wheeler. For Southampton, į Mr. More, & Robert Band.
* "Whereas the most considerable prsons in these colonyes came into these parts of America that they might inioye Christ in his ordinances, wthout disturbance ; And whereas among many other precious mercyes, the ordinances are & haue beene dispensed among us wth much purity & power, The Commissioners tooke it into serious consideracon, how some due mayntenance according to God might be pruided & setled, both for the present and future, for the encouradg- ment of the Ministers whoe labour therein, & concluded to prpound & commend it to each GenTall Court, that those that are taught in the word in the seu"all Plantacons be called together, that eurie man voluntarily set downe what he is willing to alowe to that end & vse ; and if any inan refuse to pay a meet prportion, that then he be rated by authority in some iust & equall way ; and if after this any man withhould or delay due paymt the civill power to be exercised as in other iust debts." [Records of U. Colonies, Sept. 5, 1644.]
t This " proposition of a gen'all contribution for the mayntenance of poore schollers at the Colledge at Cambridge" was presented to the Commissioners, at their meeting in September, 1644, by the Rev. Mr. Shepard,-" and fully approved by them, & agreed to be commended to the seu"all genTall Courts as a matter worthy of due consideracon & enterteinm' for the ad- vancement of learning, wch we hope will be chearfully embraced." Mr. Shepard, after request- ing the Commissioners to consider "some way of comfortable mayntenance for that Schoole of the Prophets weh now is," suggests that " If therefore it were commended by you, & left to the freedome of eurie family weh is able & willing to giue, throughout the Plantacons, to give yearly but the fourthi part of a bushell of corne or something equivalent thereunto,-and for this end, if eurie Minister were desired to stirre up the licarts of the people once in the fittest season of ye yeare, to be freely enlarged therein, & one or two faithfull men appointed in each Towne, to receaue & seasonably to send in what shall be thus giuen by them,-It is conceaued that as noe man could feele any grievance hereby, soe it would be a blessed meanes of comfortable prvision for the dyet of dyuers such students as may stand in neede of some support, & be thought meet & worthy to be contynued a fit season therein." [Rec. of U. Col., Sept 1644.]
# Southampton had been received under the Jurisdiction of Connecticut, not long previous to this time, with the approval of the Commissioners of the U. Colonies. Sce copy of the Articles of Combination, in Appendix, No. II.
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OF CONNECTICUT.
The prpositions of the Comissiors coneerneing a generall In- dean trade (except corne, fishe and venison) is also approued and setled by the Court, vppon the terms therein prpounded, if other Jurisdictions doe the like.
Also, the said Commissioners Order concerneing verdicts is approued .*
The Gouernour, Deputy, Capten Mason, Mr. Steele, Mr. Gaylard & James Boosy are desiered to treat wth Mr. Fen- wicke concerneing the setling of the Rivers mouth, to know vppon what terms we stand wth him in that respecte, and also to consider what they thinke meet to be done for matter of Fortificatio there, and to take the first oprtunity they can for the issueing of yt, and to determine and conclud wth him as they shall judge meete.
It is Ordered, that all prsons hereafter comitted vppon delin- quency shall beare the chardges the Country shall be att in the prsecutiō of the.
Its Ordered, there shalbe a publike day of thanksgiueing through this Jurisdiction, vppon Wensday com fortnight.
Its Ordered, that all Collectors and gatherers of Rates, shall appoynt a day & place and giue resonable warneing to the In- habitants to bring in their prportions, vppon wch every man so warned shall duely attend to bring in his rate, or vppon neg- lecte thereof shall forfeit 2d. in the shilling for what he falls shorte, and the said Collector shall haue authority hereby to distreyne the delinquents, or be accoumptable theselues for the rates & penaltyes so neglected by the.
There is a Rate of 10l. to be added to the former of 140l. [130] Whereas yt is obsearued that the Dutch and French doe sell and trade to the Indeans, guns, pistolls and warlike instru- ments, It is now Ordered,t that no prson wthin these libertyes
* "There being a question p"pounded of what esteeme & force a verdict or sentence of any one Court wthin the Colonyes, ought to be of in the Court of another Jurisdiction, The Com- missioners well weighing the same, thought fit to commend it to the seu'all Gen'all Courts, that euery such verdict or sentence may have a due respect in any other Court through the Colonyes, where occasion may be to make use of it, & that it be accounted good euidence for the Plain- tife, vntill eyther better evidence or some other just cause appeare to alter or make the same voyd ; & that in such case, the issuing of the cause in question be respited for some convenient tyme, that the Court may be advised with, where the verdict or sentence first passed." [Rec. of U. Col.]
+ " And it is commended to the serious consideracon of the seurall jurisdictions, whether it be be not expedient & necessary to prhibit the selling of the aforesayd ammunicon either to
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shall at any tyme hereafter sell nether gun nor pistoll nor any Instrument of warre, nether to Dutch nor French men, vnder the penalty of forfeting twenty for one, and suffering such fur- ther corporall punishement as the Court shall inflicte.
A GENERALL COURT, NOUEBY THE 15th, 1644.
Edward Hopkins Esqr, Gor. Jo: Heynes Esqr, Dep.
George Willis Esqr, Mr. Webster, Mr. Whiteing, Mr. Welles, Capten Mason, Mr. Woolcotte.
Mr. Steele, Mr. Talcote, Mr. Westwood, Mr. Cullicke, Mr. Trotte, Mr. Oyllister, Samuell Smith, James Boosy, Mr. Hill, Mr. Hull, Mr. Gaylard, Mr. Clarke.
Richard Lyman hath the like liberty, wth John Tynker and his prtners, for the making pitch and tarre, pruided they gather not their wood wthin halfe a myle one of another, and that what- soeuer wood is or shall be gathered for that vse be imprued wthin three months after the gathering.
A PITICULER COURT THE FIRST THURSDAY IN DECEBER. Ed: Hopkins Esqr, Gor. Jo: Heynes Esqr, Dep.
Mr. Webster, Mr. Whiting, Capten Mason, Mr. Welles, Mr. Woolcotte.
· The Jury :- John Porter, Walter Filer, Aron Cooke, Math: Sention, Nath: Dickenson, Jo: Demon, Will: Smith, Jo: Notte, Will: Pantry, Ed: Stebbin, Jo: White, Jo: Watson.
Tho: Steynton plt, against Math: Allen deft. Rich: Mylls plt, agt Will' Comstocke deft. Mathew Allen plantife, agt Tho: Hollibut deft. Will' Hill plt, agt Peter Bassaker deft.
French or Dutch, or to any other that doe comonly trade the same wth Indians." [Records of U. Col., Sept. 1644.]
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Henry Densloe pl. agt Jaruis Mudge deft, in an ac. of Slaun- der.
Math: Allen pl. agt Peter Bassaker defent.
[131] An executiõ to be graunted agt Tho: Osmore, at Ja: Whatly his sute, Jo: Barnard, 37. 6s. 8d.
Will' Edwards pl. agt Peter Bassaker deft, in an ac. of debt to the damage of 3l.
In the actio of slaunder by Henry Densloe pl. agt Jaruis Mudgge deft, the Jury find for the deft costs of Court.
Mr. Trott & Nath: Dickinson vndertake that Carrington shall appeare wn the Court or the Gour shall call for him.
Mr. Ollister & Jo: Edwards vndertake that Robert Bedle shall appeare at the Court at Hartford, uppon Thursday next.
DEC. THE XIth, 1644.
Mr. Heynes & Mr. Willis are desiered to consider of the estate of Nath: Foote deceased, and to take in what helpe they please fro any of the neighbours to aduise how yt may be disposed of and to report their apprhensions to the next Court.
Mr. Webster & Mr. Whiteing & Mr. Woolcot are desiered to see an equall deuision made of Marshfields estate to the seuerall creditors.
Tho: Walston is fyned 20s. for inuegling the affections of Mr. Alcocks mayde.
Dauid Wilton and Daniell Clarke are admitted executors to the will of Ephraim Huit. Mrs. Huit prmiseth that if the goods sett apart for the dischardge of debts fall short, that shee will resigne such other goods as are comitted to her, to make yt out.
Robert Bedle is adiudged to restore double for the seuerall thefts acknowledged by him, and to be seuerly whipped and branded in the hand vppō Wensday next.
Ed : Hampson for diuulging slaunderus speeches agt Mr. Chester, is fyned fiue pownd to the Country.
In the absence of the officer of the Court, the Constable may searue executions.
Bedle stole frö Mr. Blakman, of gunpowder, ij pownd ; Frō wydowe Foote, of Rye, iiij bush; Fro Tho: Welles, 2 sacks ; Fro Rich: Mylls, 1 blanket; Frö Tho : Tracy, 1 sacke.
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[132] A GENERALL COURT, THE XIth OF DECEBER, [1644.] Ed: Hopkins Esqr, Gor.
Jo: Heynes Esqr. Dep.
Mr. Webster, Capten Mason, Mr. Welles, Mr. Woolcott. Mr. Steele, Mr. Talcoate, Mr. Cullicke, Mr. Westwood,
Mr. Hill, Mr. Hull, Mr. Trott, James Boosy, Sa: Smith.
Whereas through the blessing of the Lord vppo the payne- full endeauors of these Plantations, incouridgement hath bine giuen for the rayseing some quantity of corne, whereunto many haue addicted thèselues vppon hopes of receaueing some com- fortable supply to their necessityes thereby ; But prtely through waint of oprtunity and fitte instruments to transport the same into forraigne prts, and partly the aduantages that haue bine taken frö the multitude of sellers and their pinching necessityes, the rate and price of corne is so little and the comodity so vn- auaylable for the attaynement of such supplyes as are most sutable to mens needs, that much discouridgement falls vppoñ the spirits of men in such imployments, wch is like to be more and more increased if some course be not taken for the finding some other way of trade for corne then hath bine hitherto āt- tended, whereunto not only our owne necessityes call vs, but the complaints of the other Collonyes, both of the Masachu- setts and Plymoth, by their Comissioners, who looke vppon the- selues as much priudiced by our ouerfilling their marketts, require the same at our hands; It is therefore, by generall consent, Ordered, and also agreed wth the prtyes hereafter mentioned, that noe Englishe grayne shall for the two next yeres ensueing be sould to any out of this Riuer, but Edward Hopkins Esqr and Mr. Willia Whiteing and such other Marchants as they shall take to the, who do vndertake to endeauor the transpor- tatiō thereof into some prts beyond the seas, and to make such improvement of the rest as oprtunity of these prts shall prsent, and to pay to the seuerall owners 4s. pr bush. for wheat, 3s. pr bush. for Rye, and 3s. pr bush. for pease ; and it is pruided that halfe of that wch is transported this prsent yere, if yt be sent into England, the aduenture thereof, in case the ship be taken or otherwise miscary, shall be borne by the owners thereof ; the payment for the said corne to be made by the said Marchts at
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OF CONNECTICUT.
the returne of the shippe, or so soone as returne may any other- way be made, and to be paid in the best and most sutable Eng- lishe comodityes that may be prcured for the necessary support of these plantations ; they are not to receaue fro, nor be ac- coumptable to, any owner, vnder a 100 bush. And it is by generall consent Ordered, that whosoever vppon this Riuer shall sell or send out any Englishe corne, vnles such as shall appeare at this prsent tyme to be truly and wthout deceipte in- gaged, but to the foresaid company of Marchts, shall forfeit the one halfe of such graine so sould or sent out contrary to the true meaning of this Order ; and halfe of the graine so for- feted shall be to the prpr vse and behalfe of he or they that shall discouer the same deceipte, and the other halfe to the Country : pruided that any the Inhabitants of these Plantations may sell or exchange the said Englishe graine among theselves notwth_ standing this Order.
[133] * In the absence of the Officer of the Court, the Con- stable of the Towne shall searue Executions.
Ed : Harnson for diuulgeing slaunderous speeches agt Mr. Chester is fyned 5l. to the Country.
William Phillips pl. agt Tho. Waples.
[134]
FEB : 5th, 1644.
Ed: Hopkins Esqr, Gor.
Jo: Heynes Esqr, Dep.
Mr. Whiting, Mr. Webster, Mr. Welles, Capten Mason, Mr. Woolcott.
Mr. Steele, Mr. Talcoat, Mr. Westwood, Mr. Cullicke, Mr. Hill, Mr. Hull, Mr. Gaylard, Mr. Clarke, Mr. Ollister, James Boosy, Sam: Smyth.
Whereas some question hath rysen concerneing vnnessary tryalls by Jury, and found by experience that many such suts might be pruented if arbitrations were attended in a more pri- uat way, according to the nature of the differences, wch is recomended by the Court to all the Towns of this Gouerment ;
* The two entries following are repeated from_page [131.]
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And for the regulateing of Juryes for the future, It is Ordered, that in all cases wch are entered vnder 40s, the sute shall be lefte to be tryed by the Court of Magestrats as they shall judge most agreable to equity & righteousnes; and that in all cases that are tryed by Juryes, the Court of Magestrats shall haue liberty, if they doe not conceaue the Jury to haue prceeded according to their euidence, in their verdict giuen in, to cause them to returne againe to a second consideration of the case, and if they continue in their former opinion and doe not in the judgement of the Court attend the euidence giuen in Court, it shall be in the power of the Court to impanell another Jury and comitt the consideration of the case to the.
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