USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 11
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It is also lefte in the power of the Court, in any case of tryall to vary and alter the damages giuen in by the Jury, as they shall judge most equall and righteous.
But if any find theselues agreiued, ether by verdict of Jury, or proceedings of Court, they haue liberty to apeale to the Gen- erall Court. It is also left to the magestrats to impanell a Jury of sixe or twelve, as they shall judge the nature of the case to require, but no jury shalbe vnder sixe, and if 4 of the agree, or 8 in a Jury of 12, the verdict shall stand as if the whole nūber of ether did agree.
It is also Ordered, that the Towns shalbe at liberty to abate two of the 7 men formerly appoynted for the dispose of grownd and Ordering of Fences.
The former Order, concerneing the pryses of corne is re- pealed, and it is Ordered, that for all bargens hereafter made to be paid in Corne, and for the worke of men and cattle, wheat shall be payable at 4s. pr bush., rye at 3s., pease att 3s., and Indean att 2s. vid. pruided yt be marchantable corne.
For the pruenting of differences that may arise in the owne- ing of Cattle that be lost or stree away, It is Ordered, that the owners of any Catle wthin these Plantations shall earemarke or brand all their Cattle and swyne that are aboue halfe a yeare old (except horsses) and that they cause their seuerall marks to be registred in the Towne booke; and whatsoeuer cattle shall be found vnmarked after the first of May next shall forfeit 5s. a head, whereof 2s. vid. to him that discouers yt, and the other to the Country.
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OF CONNECTICUT
Whereas yt is expressed in the late bairgen made wth the Marchants, that there shalbe noe Englishe grayne sould out of this Riuer to any other, It is the judgement of the Court and so Ordered, that whatsoeuer wheat shalbe grownd into meale or made into biskett, that all such meale and biskett shall com [135] vnder the said bairgen, as | also malte made of barly, pruided the said Marchants giue for such molte an answerable price to other Chapmen.
Whereas it is said in the fundamentall Order,* that the Gen- erall Court shall consist of the Gouernour or some on chosen to moderate and 4 other Magistrats at lest, It is now Ordered and adiudged to be a lawfull Court, if the Gour or Deputy wth other Magistrats be prsent in Court, wth the mayor part of deputyes lawfully chosen. But no act shall passe or stand for a law, wch is not confirmed both by the mayor part of the said Magistrats, and by the mayor prte of the deputyes there prsent in Court, both Magistrats and deputyes being alowed, eyther of the, a negatiue voate. Also the prticuler Court may be keepte by the Gouernour or Deputy wth t other Magistrats.
Whereas vppon an agreement lately contractedį by some deputed by this Jurisdiction wth George Fennicke Esqr, for and concerneing the Fort att the Riuers mouth, wth th'apurten- ances and disbursements expended there by himselfe and others, this Jurisdictio is ingadged to pay to the said George Fenwicke Esqr, two pence pr bush. vppon all graine that shalbe exported out of this Riuer for tenn yeares ensueing, after the first of March next, and six pence pr Ct vppon all biskett that shall in like manner be exported, as by the said agreeement doth and may more fully appeare ; For the pruenting of all abuses and indirect courses that may be attempted or taken by any in euadeing the foresaid payment and that the same may be truly and exactly prformed, according to the true intent of the said agreements, It is Ordered by this Court, that noe grayne or byskett shalbe laden by any aboard any vessell in this Riuer,
* Page [226] 24.
# In the record of the fundamental Orders as amended, in [Vol. ii. p. ] this blank is filled with the word three.
# The articles of agreement bear date Dec. 5th, 1644. They were not placed upon Record however, until several years afterward, in [Vol. ii. p. 59.] See Appendix, No. III.
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vntill they have made entry of the number of the bush. of grayne and the kynd thereof, and waight of biskett they intend to lade aboard any such vessell, and recorded the same in a booke prouided for that end and purpose, wth such prsons as by this Order are appoynted to receaue the same, vnder the penal- ty of forfeting the on halfe of all such grayne or biskett that shalbe laden wthout entring of the same as before ; the on halfe of that wch is so forfeted, to be to the vse of the Country, and the other halfe to him who shall discouer the same and informe. And it is Ordered, that euery man who lades any such grayne or biskett, shall take care and prouide that there be paid to Mr. Fenwicke or his assignes att Seabrooke, the two pence pr bush. and sixe pence pr Ct, for all graine and biskett so laden by them, so neere as may be in the same kynd of graine as is laden by them, or if otherwise, to the content of him or his assignes ; the laders of the said corne being lefte notwthstanding, in all bargains for corne made before this time, to compownd or agree wth those fro whom they receaued the corne so sent away, or in case of difference, to take any other lawfull course to haue the said chardge of two pence pr bush. determined vppon who, ac- cording to the rules of equity and righteousnes, yt ought lastly [justly ?] to fall, for the payment thereof.
And it is further Ordered, that no vessell exporting corne or byskett, shall depart from any of the seuerall Townes vppon this Ruier, vntil the Mr thereof, or some fro him, haue taken a [136] noate vnder the hand of him || that is deputed by this Court for that searuice in the severall Townes, of what quanti- ties of corne or biskett is laden aboard the said vessell, wch noate or noats shalbe delivered by him to Mr. Fenwicke, att Seabrooke, or his assignes, and payment made of the two pence pr bush. and six pence pr Ct according to this Order, or satisfac- tion giuen to Mr. Fenwicke or his assignes for the same ; and in case any Mr shall refuse or neglecte to take the said noate according to this Order, yt shalbe lawfull for those who haue the chardge of the Fort att Seabrooke to make stay of the said vessell vntill the Mr, or some fro him, haue brought a noate or certificate as is before exprssed. And in case any such vessell shall, in a surreptitious manner, gett free att the said Fort, wthout a cleare dischardge fro Mr. Fenwicke or his assignes,
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eyther the vessell or the Mr thereof shalbe liable to pay fower pence pr bush. for all graine and twelue pence pr Ct for all bis- kett that is exported wthout delivery of such noate as is before exprssed, yf eyther the one or the other att any tyme returne agayne into this Riuer. And in regard to the conueniency of the sytuation of their howses, being neere the waterside, wherby the foresaid Records may be made and noates prcured by those who yt may concerne, wth leste troble, Mr. Jo: Plum is appoynted and desiered to attend this searuice at Wethers- field, Edward Stebbing att Hartford and Walter Fyler att Wyndsor.
And whereas further, by virtue of the forementioned agree- ments, this Jurisdiction is ingaged for the said tearme of tenn yeares after the first of March next, to pay to the said George Fenwicke Esquire twelue pence pr annm for euery hogge that is killed in any of the Townes vppon the Riuer, eyther for mens prticuler occations or to make sale of, as also twelue pence pr annm for euery milch cowe or mare of 3 yeares old and vpp- wards, that is in any of the Townes or Farmes vppon this Riuer, twenty shillings for euery hogshead of Beuer traded out of this Jurisdiction and paste away downe the Riuer, two pence for euery pownd of Beuer traded wthin the lymitts of the Riuer, the foresaid payments to be made in Beuer, wampum, wheat, barly or pease, at the most comon and indifferent rates ; It is by this Court Ordered, that all the Inhabitants of this Riuer doe take spetiall notice of the said agreements and doe pay in to George Fenwicke Esqr, at Seabrooke, or to his assignes, att or before the first day of March, 1645, and so euery yeare, att or before the first day of the said month of March, vntill the tearme of tenn years be expired, such soms as shalbe due from them vppon any of the foregoing prticulers; according to the meaning of the said agreements, or in case they be respited by the forementioned prsons, who are betrusted wth the order- ing of these payments, for a longer tyme, that they bring in such payments as shalbe due frö them, to such place or places as shalbe appoynted to them by the said Trustees in ech Towne, vppon 48 howers warneing or notice eyther publickely or pri- uatly made knowne and giuen. And if any man shall neglecte to make the said payments at the tyme and in the manner be-
12
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fore specified, he shall pay two pence in euery shilling alow- ance pr month, vntill the whole due be discharged, and shall, vppon his owne chardge, keepe the grayne or other payment to be made by him, vntill a fitt oprtunity be offered of conueying the same to Seabrooke, and this signified by the said Trustees. And it is further prouided and ordered, to pruent all collusiue dealeing whereby the true meaning of the said agrements might be frustrated, that if any man shall conceale eyther hoggs, mares, cowes or beuer, and not giue true notice to the par- tyes forementioned and appoynted by this Order to take record thereof, he shall forfeite the on halfe of what shalbe so concealed by him, or the value thereof, the on halfe of that wch is so for- feted to be to the vse of the Country, and the other halfe to [137] him who shall discouer || and informe of any such indi- recte and deceiptfull proceedings.
It is the intent of the Court, and accordingly Ordered, that euery man shall pay for such mares and cowes as are in his hands euery yeare, the first day of February, and those are to be esteemed milch cowes as haue giuen milke the yeare before.
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[138]
A PITICULER COURT, MARCH THE 5th, 1644.
Ed: Hopkins Esqr, Gour.
Jo: Heynes Esqr, Dep.
Mr. Webster, Mr. Whiting, Mr. Welles, Cap: Mason, Mr. Woolcott.
The Jury. Mr. Androwes, Andrewe Bacon, Will' West- wood, Will' Wodsworth, James Boosy, Sa: Smith, Nath: Dickenson, Tho: Tracy, John More, Sam: Allen, Dauid Wilton, Math: Graunt.
Andrewe Bacon and George Graues testifie in Court, that they being wth Tho: Crumpe when he was sicke, not long be- fore his death, askeing him how he would dispose of his estate, he said, his debts being paid, he desiered his master would doe wth yt as he pleased.
Ed: Hopkins Esqr, Gor, is admitted to administer the estate of Tho: Crumpe, late of Hartford, deceased.
In the action of Ed: Elmor and Nath: Willett plants against
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OF CONNECTICUT.
Rich: Trott defent, the Jury find for the plus six pownde, eleauen shillings and sixe pence damages and costs of Court.
In the action of Tho: Steynton pl. against Math: Allen de- fent, the Court haueing hard the witnesses, find that Tho: Steynton bought and paid for the blanketts lefte by Mr. Allens man for Hugh the millwright, and Mr. Allen ought to repay the mony formerly taken by verdict of the Jury, yet in regard of Tho: Steyntons formerly prrūtorines, * not moueing the Court for longer tyme, thereby now occationeing further troble and chardge, the Court adiudgeth Math: Allen to pay to Tho: Steyn- ton twenty shillings and the chardge of this Court, and the other chardge and losse to lye vppon Tho: Steynton.
Rich: Lord being conuented before the Court for altering an execution issued out, his misdemeanor therein is looked vppon as an offence of a high nature, but conceaueing yt a sudden, inconsiderat act, and finding him much humbled and affected therewth, giueing full acknowledgement of his Offence, he is ad- iudged to pay to the County fiue marke.t
Daniell Porter for his former thefte is fyned xxs.
The said Daniell, Willia Pantry & Rich: Lord acknowledge theselues bownd in the some of ten pownd to the Country ; pruided the said Daniell appeare at the Court to be held at Hartford, the first Thursday in June next, then this Recogni- zance to be voyd.
The Court takeing the cariedge of Jeramy Addoms into con- sideratiõ, fynd his misdemeanor great, in adhereing to Tho: Osmor in his misaprhensions about the execution, and giueing him incouridgement by pruoking speches to resist the officer, but espetially his passionat distempered speches, lowd languadge & vnmannerly cariedge in the face of the Court, to the great offence of the beholders, Require him to appeare at the next prticular Court, there to receaue such censure as the Court shall conceaue his misdemeanour to desearue.
The Arbitration vppon the sute of Tho: Dewye pl. agt Tho: Ford deft, is fownd good, and Tho: Ford is to pay the 36s. awarded therein and chardges of the Courte.
Peter Bassaker acknowledgeth himselfe bownd in xxl. to the Country, pruided if he appeare at the Court to be held in Hart-
*Peremptoriness.
* A mark =13s. 4d.
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. PUBLIC RECORDS
ford, the first Thursday in June next, then this Recognizance to be voyde.
[139] Susan Coles, for her rebellious cariedge toward her mistris, is to be sent to the howse of correction and be keept to hard labour & course dyet, to be brought forth the next lecture day to be publiquely corrected, and so to be corrected weekely vntill Order be giuen to the contrary.
Tho: Osmore, for some expressions vsed by [him] tending to the derogatio of the justice of the Court vppon an execution issued out of the Court, is fined vil. 13s. 4d,
Robert Bedle, for his loathsū and beastly demeanor, is ad- judged to be brought forth the next lecture day, to be seuerely scourdged, and to be keept in the howse of correctio a fort- night longer, and then brought forth againe to be publiquely whipped, and then to be bownd to appeare at euery quarter Court to be whipped, vntill the Court see some reformation in him, & shall see cause to release him.
Walter Gray, for his misdemeanor in laboring to inueagle the affections of 'Mr. Hoockers mayde, is to be publiquely cor- rected the next lecture day.
The said Walter Gree hath forfeited*
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[140] THE COURT OF ELECTION THE 10th OF APRILL, 1645. John Heynes Esqr, Gour. Ed: Hopkins Esqr, Dep.
George Fenwicke Esqr, Mag. Roger Ludlow Esqr, Mag. Mr. Whiteing, Tres", Mag. Capten Mason, Mag. Mr. Webster, Mag. Mr. Welles, Mag., Secr. Mr. Wool- cott, Mag.
[Deputyes.] Mr. Steele, Mr. Talcoat, Mr. Trott, Mr. Ollister, Mr. Phelps, Mr. Gaylard, James Boosy, Sa: Smith, Tho: Newnton.
John Byssell is freed fro Trayneing.
Freemen ; Robert Bartlet, Rich: Fellowes, John Halls, Math: Webster, Jo: Welles, Tho: Barbor.
* This entry remains thus incomplete.
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OF CONNECTICUT.
Whereas yt was Ordered, that the Towns should trayne 6 dayes in the first weeks of seuerall months, It is now Ordered, that the Capten may require the souldears to trayne 3 dayes att any tyme wthin the months of Aprill, May and June, and 3 dayes in Septēber, October & Nouēbr.
James Boosy is chosen Clarke of the band for Wethersfield.
Henry Gray of Vncowaue, for his many misdemeanors, is adiudged to be imprysoned duereing the pleasure of the Court, and to be fyned ten pownd.
Jehue Burre the elder, and Tho: Barlowes are to be warned to the next prticuler Court.
There is a lyberty of two Fayres to be keepte yearely att Hart- ford, one vppon the second Wensday in Maye, the other the 2d Wensday in Septēber.
Whereas there hath bine much dispute about the highwaye betweene Wyndsor and Hartford, wch hath bine lately vsed in coming through the meadowe of Hartford wth carts & horses, to the anoyance and priudice of the Inhabitants of Hartford that haue lotts in the said meadowe, It is therefore thought meete and so Ordered, that the high waye, as for carts, catle and horsses, be stopped vppe, and that the highwaye betweene the said Wyndsor and Hartford in the vpland be well and pass- ably amended & mayntayned for a continuance, by Hartford as much as belongs to them and by Wyndsor as much as be- longs to them; the said highwaye to be amended by ech prty by sixe weeks or two months, vppon the penulty of twenty shil- lings pr weeke for that prty that fayles ether in the whole or in prte, as long as it soe lyes not sufficiently repaired and mayn- tayned ; and at the sixe weeks end or two months end, Mr. Webster and Nath: Waird doe seriously surueye that prte wch belongs to Wyndsor, and that Henry Woolcott the elder and Jo: Porter doe surueye that prte wch belongs to Hartford, and certifie of the sufficiency of the said highwaye, to the next prticuler Court, who are delinquents, and the penulty to be leuyed vppon the delinquent prty wthout any fauor or affection, both for fayleing att the tyme aforesaid, as also for future the like penulty vppon the prsentment of the insufficient mayntayne- ing thereof.
The Gouernour is content to goe twice this yeare to keepe
12*
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PUBLIC RECORDS
Court at the seaside (vppon the motion of Mr. Ludlowe, in the behalfe of the Plantations there,) and hath liberty to take what magistrate he pleaseth to assist him; or in case his occations will not prmitt him to goe himselfe, he may appoynt some other in his steed.
The Gour & Deputy wth Mr. Whiting, Mr. Webster and Mr. Welles, are desiered to determine and settle any differences that shall arise about the 2d. pr bush. to be paid for the Corne that shalbe exported.
The Court is adiorned vntill the 2d Wensday in Maye.
[141]
MAY THE 13th, 1645.
It is desiered that the Gour, Mr. Deputy, Mr. Fenwicke, Mr. Whiting and Mr. Welles should agitate the busines concerne- ing the enlardgement of the libertyes of the Patent for this Ju- risdiction, and if they see a concurrence of oprtunityes, both in regard of England * they haue liberty to prceed therein, att such resonable chardge as they shall judge meete, and the Court will take some speedy course for the dischardge and satisfieing the same, as yt shalbe concluded and certified to the Court by the said Comittee or the greater prte of them.
The Courts adioyrned to the 2ª Wensday in July, or sooner if the Gour see cause to call yt.
JUNE THE 5th, 1645. THE PITICULER COURT.
Jo: Heynes Esqr, Gour.
Ed: Hopkins Esqr, Dep.
Roger Ludlowe Esqr, Mr. Webster, Capten Mason, Mr. Welles, Mr. Woolcott.
The Jury. Ed: Stebbing, Leonard Chester, fyned 5s., John Robins, fyned 5s., James Boosy, John Demon, Will:' Gybbins, Nath: Elye, John Willcoxe, Hüphry Pynny, Stephen Terry, Roger Williams, Jo: Banks.
In the action of slaunder of Tho: Sherwood the elder, pl. agaynst Henry Graye defent, the Jury find for the plant, costs of Court and damages twenty pownd.
*This blank in the original.
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OF CONNECTICUT.
In the 2d action of slaunder of Tho: Sherwood the elder, pl. agt Henry Graye defent, the Jury find for the plant costs of Court and damages fower pownd.
In the action of slaunder of Tho: Sherwood the elder, plte, agt Jehue Burre the elder, deft, the Jury find for the plant, costs of Court and damages fifteene pownd.
In the action of Jehue Burre the elder, plant, agt Tho: Sher- wood the elder, defent, the Jury find for the defent, costs of Court.
[142] Nath: Dickenson and Tho: Coleman are to take a prtic- ular of the estate of Mr. Parks man deceased and bring yt to the Court ; and for the wages due to him, it may be respited vntill we heare fro Mr. Parks, or his returne.
Baggett Egleston, for bequething his wife to a young man, is fyned 20s.
George Tuckye, for his misdemeanor in words to Eglestons wife, is fyned 40s., and to be bownd to his good behauior and to appeare the next Court.
Tho: Ford acknowledgeth himselfe to be bownd in xl. to this Comonwelth and George Tucky in 20l., that the said George shall appeare at the next Court, and keepe good behauior in the meane season.
The information agt Henry Graye read in Court, is to be in- quired into by the Magistrats that goe to Stratford, and he to continue bownd.
Rich: Lord brought Maruins man* into the Court according to his Recognizance.
Tho: Ford pl. agt Josiah Hull and Rich: Oldridge defts, in an actio of the Case, to the damage of 30l.
William Edwards pl. agt Jonathan Rudde, vppon an attacht, 2s. 6d.
Will' Edwards acknowledgeth himselfe bownd in a Recogni- zance of 5l. to prsecute & make good his actiō.
Tho: Staples pl. agt Clement Chaplin deft.
Rysly agt Watts. Basset agt Tharpe.
Chappell, the Taylar, [ag'] Southmead.
* Daniel Porter. See p. [138] 123.
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PUBLIC RECORDS
JULY THE 9th, 1645.
Ed: Hopkins Esqr, Dep.
Mr. Webster, Mr. Whiting, Mr. Welles, Mr. Woolcott. [Deputyes :]-Mr. Steele, Mr. Talcoate, Mr. Phelps, Mr.
Gaylard, Mr. Trott, Mr. Ollister, James Boosy, Sa: Smith.
Whereas Mr. Fenwicke, Capten Mason and James Boosy haue had some treaty wth Math: Gryffen, for fortification att the Forte, who haue reported to the Court how far they haue prceeded therein, and the Court doth approue of their prposi- tions, and desire they would take some speedy oprtunity for the full issueing and prfecting the said bairgaine, and there is graunted by the Court a rate of 2007. to be leuied on the Plan- tations, towards the dischardge thereof; and Mr Talcott is desiered to assiste the said Comittee therein, and to take care for the speedy accomplishement thereof, and to pruide any necessaryes for the carieing on the same ; the rate is to be paid in, in such grayne and att such prises as the Comittee shall agree to alowe the partyes they contracte wthall aboute the worke.
Will' Smith of Wethersfield is chosen Clarke of the band for that Towne, and to vewe the Arms.
It is Ordered that the Magestrats or the greatest prte of the shall haue liberty if they see cause to prsse men and munition for a defensive warre, or to defend the Mohegins vntill the next sitting of this Courte.
There is a Rate of 50l. graunted.
[143] Mr. Fenwicke and Mr. Hopkins are chosen Comission- ers for the next meeting in September att Newhauen, and for this yeare following.
Its Ordered, that there shall be a letter directed fro the Court to desire Mr. Fenwicke, if his occations will prmitt, to goe for Ingland to endeauor the enlardgement of Pattent, and to fur- ther other aduantages for the Country.
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OF CONNECTICUT.
THE PITICULER COURT. JULY THE Xth, 1645.
Ed: Hopkins Esqr.
Mr. Webster, Mr. Welles, Mr. Woolcot, Mr. Whiting. Ruth Fishe, for comitting fornicatio, is adiudged to be twice whipped, once here after the first lecture at this Towne & once at Wethersfield.
Leonard Dyks, who shee accuseth to be the father of the child, is adiudged to keepe the child, and to be whipped, and vppon his refusall to submit he is to be sent to the howse of correction, there to be held to hard labour and course dyet, and what he can gett aboue the chardge of his dyet is to be keept toward the mayntenaunce of the child.
John Coltman, for his misdemeanour and vnseemely cariedge toward Ruth Fishe, and disobeying the Gouernours comaund, is to be fyned fiue pownd.
Math: Williams, for comitting fornication wth Susan Cole, is adiudged to be twice whipped and to be fyned fiue pownd.
Susan Cole is to be twice whipped, once now and once at the next lecture.
Mr. Allen is to respite his corne in his hand, (demaunded by the powndkeepr on the north side at Hartford,) and is to bring his action the next Court, agt such whose fences were then open when his hoggs were impownded.
The laste will & testament of Edward Vere is brought into the Court.
[144]
SEP: 4th, 1645.
John Heines Esqr, Gor.
Ed: Hopkins Esqr.
Mr. Webster, Capten Mason, Mr. Welles, Mr. Woolcott. The Jury .- Mr. Cullicke, Jo: White, Tho: Ford, Rich: Goodmā, Nath: Dickenson, Tho: Coleman, Jo: Stadder, Tho: Hurlbut, Dauid Wilton, Tho: Gunne, Tho: Dewy, Robert Howard.
In the action of John Robins pl. agt Leonard Chester defent, the Jury find for the defent the chardges of the Court.
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PUBLIC RECORDS
In the action of Sam: Gardner pl. against Leonard Chester deft, the Jury find for the pl. [costs of] Corte.
In the action of Berding pl. against Edwards, Edwards is to pay Berding fiue shillings. 5s.
In the action of George Chappell pl. agt Leonard Chester, the Jury find for the deft the chardges of the Court.
Bacon plt.
Will' Colefoxe, for his misdemeanor, is to be fyned xxs.
George Chappell, for abuseing the Constable and excesse in drinkeing, is to be bownd to his good behauior and to be fined fiue pownd. 5l.
Will' Brumfield, for drunkenes and strickeing the watchmen, is to be bownd to his good behauior and fyned fifty shillings.
Mr. Chester, for resisting the Constable and other miscaried- ges in the Court, is fyned forty shillings. 40s.
James Northā is bownd in 10l., Will' Brumfield in 201., that Will' Brumfield keepe good behauior and appeare the next Court.
Rich: Belding is bownd in xxl., George Chappell in 107., that the sd. George keepe good behauior and appeare the next Court.
SEP. XIth, 1645. THE GENIII COURT.
Jo: Heines Esqr, Gor.
Ed: Hopkins Esqr, Dep.
Roger Ludlowe Esqr, Mr. Webster, Capten Mason, Mr. Welles, Mr. Woolcott.
Deputyes :- Mr. Steele, Mr. Talcoate, Mr. Ollister, Mr.
Trott, Ja: Boosy, Sa: Smith, Mr. Phelps, Mr. Hull, Mr. Gaylard, Mr. Roceter, Jehu Burre, Will' Berdsly, Tho: Sherwood.
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