USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 13
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In the ac. of Mr. Euens pl. agt Mathias Trott deft, the Jury find for the pl. The deft is to pay 23 bush: 3 pec: of wheat, and cost of Court.
In the action of Mr. Euens plte, agt Carwithy deft, the Jury find for the pl. 5l. 5s. 6d. damages & cost of Court.
In the action of Henry Smith pl. agt Jaruis Mudge deft, the
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Court judgeth Mudge to pay 5 bush: of marchantable dry In- dean corne, or the value thereof.
In the action of Rich: Webb pl. agt George Chappell deft, Chappell is to pay 24s. damages & cost of Court.
Tho: Stephenson acknowledgeth himselfe bownd in a recog- nizance of 10l. to make good his attacht agt Elias Puttmans goods, or satisfie damages.
In the ac. of Webbe pl. agt George Chappell deft, the defet is to pay 24s. & cost of Court.
Mr. Chester if freed fro Trayneing.
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[156]
OCTOBER THE 29th, 1646.
Ed: Hopkins Esqr, Gor.
Jo: Heynes Esqr, Dep.
Mr. Webster, Mr. Woolcott, Mr. Whiting, Mr. Welles.
The Jury :- Will' Gybbins, Nath: Richards, Jo: Edwards, Tho: Hurlbut, Aron Cooke, John Stadder.
Willm Ellit is to be whipped the next lecture day, and to searue his Master his tyme, & then to returne to pryson.
Will' Fiske is to be whipped the next lecture day, and to restore dubble of what shall be prued agt him, as yt shall be judged by Mr. Woolcotte.
The ac. of Mr. Whiting pl. agt Sa: Smith is respited vntill the next Courte.
Gybbins plt agt Read.
Moody plt agt Read, for Rent.
Mr. Moody plt agt Read, for damages.
Willit plt agt Read.
Judson plt agt Rescue.
In the action of Mr. Whiting pl. agt Tho: Newton deft, vp- pon an Attacht returned by the Constable of Fayrfield, Greene appeared for Newton & the Jury find for the plant. the byll 57. 16s. and 2s. vid. damages & cost of Court.
In the ac. of Ed: Hopkins plt, agt Tho: Newton deft, the Jury find for the pl. The Deft is to pay 4l. 13s. 4d. in mony according to the bill, 10s. damages & cost of Court,
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OF CONNECTICUT.
In the action of John Moody pl. against James Whatly de- fendt, the Jury find for the deft, coste of Court.
Kircū & Carrington are to pay 30s. to the administrators of Vere, for their bargaine of Corne.
Three of the Jury betwixt James Whatly pl. agt R. Fellowes dt, thinke on witnesse cannot cast the cause wthout some cir- cūstances fall in neare to equalize a witnesse, and they appr- hend the circustances on the other side rather the stronger : 1. The prty of who he bought the horse said he knew not of the lamenes : 2. the price giuen might intimat soundness ; 3. seu- erall that rodde on the horse and that wrought him, did not dis- couer any lamenes. John White, Tho: Olcoke, Will' Phelps.
The other 3 conceaue the witnesse giuen into the former Court hold out the defent might know the lamenes of the horse ; 2. one witnesse testifieing frö his mouth, that he said he was lame.
[157]
OCTOBER THE 30th, 1646.
Ed: Hopkins Esq, Gor.
Jo: Heynes Esqr, Dep.
Mr. Webster, Mr. Welles, Mr. Whiting, Capten Mason, Mr. Woolcott.
[ Deputyes :] Mr. Phelps, Mr. Stoughton, Mr. Clarke, Mr. Porter, Mr. Steele, Mr. Talcoat, Mr. Westwood, Mr. Cullicke, Mr. Trotte, James Boosy, Nath: Dickenson, Jo: Demon.
The deputyes are to take into consideration the fenceing up- pon the Easte side of the great Riuer, by who & where they shall see cause.
The Order of the Comissioners concerneing the restreynt of of selling powder, shotte, amunition etc. to any out of the Juris- diction, wthout the lycence of two Magistrats, or one Magis- trat and 2 deputyes, is confirmed .*
* This order of the Commissioners was confirmatory of that made in 1644, (see p. 113, ante) which had been approved by the General Courts of all the United Colonies except Plym- outh. The present order prohibited, under a heavy penalty, the sale of arms or ammunition to any person out of the confederate jurisdictions, " without lycense under the hands of two.
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The Order conserneing the prceeding against Indeans is con- firmed. t
There is alowed for the searuing of executions 2s. 6d. if vn- der 40s. and 5s. if aboue.
Whosoeuer drawes wyne after the publisheing this Order, shall pay to the Country after the prportio of 40s. a Butt for what shalbe drawen.
Mr. Phelps is appoynted to joyne wth the Comittee for the planting Matabezeke.
[158]
JA : 28th, 1646.
Ed. Hopkins Esqr, Gor.
Mr. Webster, Mr. Whiting, Capten Mason, Mr. Welles, Mr. Woolcott.
[Deputyes : ] Mr. Steele, Mr. Talcoate, Mr. Cullicke, Mr. Westwood, Mr. Trott, James Boosy, Nath: Dickenson,
Jo: Demon, Mr. Phelps, Mr. Stouton, Mr. Clarke, Mr. Porter.
The Order concerneing paying 5s. a pownd for takeing Tobacco not growing wthin this Jurisdictio, is repealed.
Richard Lord for transgressing the Order against selleing lead out of this Jurisdictio, is fyned seauen pownd.
magistrates of the jurisdiction, or at least under the hands of one magistrate and two deputyes, intressed in the publique affaires, & that all & eu'ry such lycense shall from time to tyme he kept in a booke or memoriall in writing, that all the parcells or particulers, wth the quantities soe lycensed, the prsons to whom, the grounds for weh, upon occasion may be considered by the Gen'all Courts, or Comissioners for the Colonyes." (Rec. of U. Colonies, Sept. 1646.)
+ Providing, that in case of " wilfull & hostile practises against the English, together with the enterteineing, protecting or rescueing of offenders," "the Magistrates of any of the Jurisdic- tions might, at the charge of the plaintiff's, send some convenient strength of English, & accord- ing to the nature & vallewe of the offence & damage, seize & bring away any of that planta- con of Indians that shall entertaine, protect or rescue the offender, though it should be in another Jurisdiction, when, through distance of place, comission or direction cannot be had, after notice & due warning given them, as abettors or at least accessory to the iniury & dam- age done to the English; onely women & children to be sparingly seized vnlesse knowen to be some way guilty. And because it will be chargeable keeping Indians in prison, & if they should escape they would prove more insolent & dangerous after, it was thought fitt that upon such seysure. the delinquent or satisfaction should againe be demanded of the Sagamore or Planta- con of Indians guiltie or accessory as before; and if it be deuyed, that then the magistrates of the Jurisdiction deliver up the Indians seized to the party or parties indamaged, either to serve or to be shipped out and exchanged for Negroes, as the cause will iustly beare." [[bid.] This Order will be found incorporated with the code of 1650, in a subsequent part of this volume.
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OF CONNECTICUT.
Tho: Staynton, for the like transgressio, is fyned 5l. fiue pownd.
Dauid Wilton, for the brech of the same Order, is to forfeite the lead wch was attached at Wethersfield, being 131 pownd.
Nath: Waird is freed fro trayneing and warding, so long as the infirmity he complaynes of remayneth vppon him.
The Gour and Mr. Whiting are desiered to attend the place of Comissionrs for the Vnited Collonies, for this next yeare.
There is a Rate of 30l. graunted for the Fort.
MARCH THE 4th, 1646.
Ed: Hopkins Esqr, Gor.
Mr. Webster, Mr. Welles.
[The Jury:] Tho: Ford, Tho: Osmore, Jo: Nott, Sa: Boremā, Tho: Thornton, Benedict Alford.
In the ac. of Joseph Nubery plt, agt Ambrowse Fowler deft, the Jury find for the plant, fower pownd xs. & costs of Court.
In the actio of Sa: Smith pl. agt John Guteridge, Tho: Rite & Sa: Martin defts, John Guteridge and Sa: Marten are to pay the pl. xvi bush: Indean.
Mary Williās, for her fowle misdemeanor, is fyned 5l.
Joshua Gynings vndertaks to pay this 5l.
Tho: Blisse for not trayneing, is fyned 2s. vid.
[159]
MAY THE 19th, 1647.
Ed: Hopkins Esqr, Gor.
Mr. Webster, Mr. Whiting, Mr. Woolcoat, Mr. Welles. The Jury : Mr. Phelps, Mr. Porter, Mr. Roceter, Dauid Wilton, Mr. Parks, James Boosy, Sa: Smith, Will' Wadsworth, Ed: Stebing, Tho: Ford, Andrew Bacon, Nath: Waird.
In the ac. of James Whatly. pl. agt Tho: Coleman, the Jury find for the deft, costs of Court, and for witnesses, 2s. 6d.
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In the ac. of Henry Gree pl. agt Sa: Marten deft, the Jury find for the pl. debte 15l. iis., damages ten pownd, and costs of Court.
MAY THE 21st, 1647.
The Jury : Mr. Talcoate, Gre: Wilterton, Tho: Osmor, Sa: Smith, Will' Wilcoxson, Robert Howard, Dan: Tyt- terton, Walter Fyler, John Croe, Ed: Haruy, Tho: Judde, John Demon.
In the ac. of John Steele pl. agt Tho: Demon, the said Tho: Demon is to pay six bush: of Indean.
In the ac. of Blysse pl. agt Lyman & Arnold, the defents are to pay 20s. & costs of Court.
Henry Densloe is to attend agayne the next Court, and Wil- coxe to pay him 5s. for not prsecuting this Court.
In the ac. of Mr. Whiting pl. agt Sa: Smith deft, the Jury find for the pl. viijl. damages, and cost of Court.
In the ac. of Blachfield pl. agt Spenser, the Jury find for the pl. 50 bush: of Indean, & costs of Court.
In the ac. of Spenser pl. agt Blachfield deft, the Jury find for the pl. 31s. 3d. damages, & costs of Court.
[160] In the ac. of slaunder, of Mr. Whiting pl. agt Tho: Ford deft, the Jury find for the pl. 40s. & costs of Court.
In the ac. of Will' Fishe pl. agt Aron Cooke, the Jury find for the pl. fiue pownd damages & costs of Court.
In the ac. of Tho: Ford pl. agt Oldige & Hull, the Jury find for the defts, costs of Court.
Henry Gree acknowledgeth himselfe bownd to the Court, in a Recognizance of xl. & Tho: Hassard in 20, that Tho: Has- sard keepe good behauior vntill the Generall Court in Septeber next, and appeare at the prticuler Court the day before.
In the ac. of Write pl. against Norton, the pl. is to haue the swyne & pay the chardges for the keeping.
MAY THE 24th, 1647.
Roger Ludlowe Esqr, Moderator.
Mr. Woolcoat, Mr. Welles.
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OF CONNECTICUT.
Jury : Sa: Smith, Will' Wilcoxso, Robert Howard, Dan: Tytterton, John Demon, Walter Fyler, Ed: Haruy, Tho: Judde, John Westall, Aron Cooke, Anthony Howkins, Stephen Hart.
In the ac. of Mris Willis pl. agt Francis Styles deft, (Mr. Roceter appeared for Mr. Styles,) the Jury find for the pl. 3401. damages & costs of Court.
[162]
MAY THE 20th, 1647.
Jo: Heynes Esqr, Gor.
Edward Hopkins Esqr, Dep. Gor.
George Fenwicke Esqr, Magistrate; Roger Ludlowe Esq. Mag: Mr. Webster, Mag: Mr. Whiting, Mag: Tres'; Capten Mason, Mag: Mr. Woolcoate, Mag: Mr. Welles, Mag: Sec"; Mr. Cosmore,* Mag: Mr. Howell,* Mag:
Deputyes : Mr. Phelps, Mr. Stoughton, Mr. Porter, Mr. Clarke, Mr. Steele, Mr. Talcoat, Mr. Cullike, Mr. Trott, Sa: Smith, Ja: Boosy, Nath: Dickenson, An: Bacon, Mr. Taynter, Ed: Haruy, Dan: Tytterton, Will' Wil- coxsō, Stephen Hart, Tho: Judde.
It is Ordered, that the three Townes on the Riuer & Tunxis shall pay ten shillings to whosoeuer shall kill any Woolfe wthin any of their libertyes, & so to pay for euery woolfe that shalbe kylled wthin the term of one yeare after the date hereof.
Forasmuch as diuers inconveniences fall out by letting land to the Indeans, whereby they mixe theselues in their labours wth the Inglishe, and therby the manners of many young men are lyable to be corrupted, It is Ordered, that noe Inhabitant wthin this Jurisdiction shall contracte wth or lette any land to any Indean after the publisheing this Order, nether shall any Indean possesse any land held of the Inglishe after the last of October next, pruided notwthstanding that such natyves as haue caried theselues peacebly, and wch will subiecte theselues to be ordered
* John Cosmore and Edward Howell, of Southampton, on Long Island. (See Articles of Com- bination, in Appendix, No. II; and p. 112, ante.)
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by the Inglishe, shall haue pruission for planting vppon reasona- ble terms sette forth for them.
James Pyne hath forfeted his recognizance, for not appeare- ing at the Court held at Hartford the 20th of May.
James Harwood also hath forfeted his recognizance.
An Attacht is to goe forth for Tho: Sherwood.
A Warrant for Tho: Newton.
Whereas, by an Order of the 14th of January, 1638, it was Ordered, that euery Generall Court, excepte such as through neglecte of the Gor and the greatest prte of Magistrats the Free- men theselues doe call, shall consiste of the Gor or some on chosen to moderate the Courte, and 4 other Magistrats at lest, wth the maior prte of the deputyes of the seuerall Townes, legally chosen, wch hath bine conceaued, that by the example thereof no prticuler Court might be keepte excepte the Gor or Dep: Gor and 4 Magistrats were prsent, wch this day coming into consideration, this Court seeing the many inconveniences thereof to be so restreyned, & considering in case it may so fall out that by reson of the absence of the Gor or Deputy & 4 Magist: noe prticuler Court may be extant to administer justice according to the law of God and humane pollicy, wch is now [163] conceaued to be contrary to the trewe meaneing || of the said former Order, It is therefore now declared and so Ordered, sentenced & decreed, that the Gour or Dep: Gor wth 2 Magis- trats shall haue power to keepe a prticuler Court, according to the lawes established, & in case the Gour or Dep: Gor be ab- sent, or some waye or other incapable ether to sit or to be prsent, if three Magistrats meete, and choose on of thèselues to be a moderator, they may keepe a prticuler Court, wch to all intents & purposes shalbe deemed as legall, as though the Gor or Deputy did sitte in Courte, and all other Orders that haue bine heretofore in that case made shalbe reduced to this Order .*
It is Ordered, that there shalbe a gard of 20 men, euery Sab- both and Lecture day, compleate in their arms, in ech seuerall Towne vppon the Riuer, and atte Seabrooke and Farmington 8 apeece, ech towne of the sea coast ten, and as the nūber of men increase in the Townes, the gaurd is to encrease.
* [In margin,] " Added to the 10th fundamentall."
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OF CONNECTICUT.
MAY THE 25th, 1647.
The Estreits for the leueing of Fynes shall goe forth once eury yeare, both in the Townes on the River and by the sea- side, and some officer appoynted in ech place to leuy and re- ceaue the and the accoumpts to be giuen in by the seuerall Plan- tations of their generall chardges at the Court in Septeber, for the prfecting of the accoumpts betwixt them. Mr. Ludlowe is desiered to graunt out warrants for the fynes by the sea-side.
Vppon the makeing vppe of the Rates betwixt the Townes by the sea side, for the last Rate, ther was found to be due fro Stratford, 9l. iis. 2d .; fro Fairfield, xil. 14s. 8d. ; these Townes being alowed what they had expended vppon the prparations of the late warrs, but other expenses shalbe alowed out of the Fynes when the accoumpte of the shalbe brought vppe.
Its the mynd of the Court that ther should be pruision made for entertayneing the Magistrats dureing the sitting of the Court, and the deputyes of Hartford are desiered to find out a fitte man.
Its Ordered that the souldears shall only make choyse of their millitary officers & prsent the to the prticuler Court, but such only shalbe deemed Officers as the Court shall confirme.
The chiefe officer in euery Towne shall appoynt the dayes of Trayneing alowed by Order of Court.
[169] Whereas it appeares that diuers, to defeate and defraude their creditors, may secretly and vnderhand make bairgens & contracts of their lands, lotts and accomodations, by meanes whereof, when the creditor thinks he hath a meanes in a due order of lawe to declare against the said lands, lotts and accom- odations, and so recour satisfaction for his debte, he is wholy deluded and frustrated, wch is contrary to a righteous rule, that euery man should pay his debts wth his estate, be it what yt wilbe, ether real or prsonall; This Court takeing it into con- sideratiō, doe Order, sentence and decree, that for the future that if any Creditor doe suspecte any debtor, that he may prue non soluant in his prsonall estate, to repair to the Register or Recorder of the Plantation wher the lands, lotts or accomoda- tions lyes, and enter a Caueat against the lands, lotts and ac- comodations of the said debtor, and shall giue to the said Regis- ter or Recorder 4d. for the entry thereof ; and the said creditor
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or creditors shall take out sumons against the said debtor, and in due forme of law the next prticuler Court, ether for the whole Collony or for that prticuler Plantation wher the said lands, lotts and accomodations lyes, or the next Court ensueing, de- clare against the said debttors lands, lotts & accomodations ; and soe if the creditor recouer, he may enter a judgment vppon the said lotts, lands and accomodations, and take out an extent against the said land, directed to a knowne officer, who may take two honest & sufficient men of the neighbours, to appryse the said lands, lotts & accomodations, ether to be sould out right if the debt so require, or sett a resonable rent vppon the same, vntill the debte be payd, and deliver the possession there- of ether to the creditor or creditors, his or their assigne or as- signes, or any other ; and what sale or sales, lesse or lesses, the saide officer makes, being orderly recorded, according to former Order of recording of lands, shalbe as legall and bynding to all intents & purposes as though the debtor himselfe had don the same ; pruided that if the said debttor can then prsently prcure a Chapman or Tenant, that can giue to the creditor or creditors satisfactio to his or their content, he shall haue the first refusall thereof. Also yt is declared, that he wch first enters Caueat as aboue said, and his debte being due att his entring the said Caueat, shalbe first paid, and so euery creditor as he enters his Caueat and his debte becom due, shalbe orderly satisfied, vnlesse at the next Court yt appeares the debters lands, lotts and ac- comodations prue insufficient to pay all his creditors, then eury man to haue a sutable prportion to his debte out of the same, and yet notwthstanding euery man to receaue his prte accord- ing to the entry of his Caueat ; yet this is not to seclude any [165] creditor || to recouer other satisfaction, ether vppon the prson or estate of the sayd debtor, according to lawe and cus- tum of the Collony.
And also yt is further decreed, that what sale or bargaine soeuer the debtor shall make concerneing the said lotts, lands and accomodations, after the entering of the said Caueat, shalbe voyde as to defraud the said creditors. It is also further ex- playned and declared, that if the said debtor be knowne to be an insoluant man before the first Caueat entered against the said lands, lotts & accomodations, and the same appeare at the next
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OF CONNECTICUT.
prticuler Court, then the Court shall haue power to call in all the creditors in a short tyme, and set an equall and indifferent way how the creditors shalbe paid out of the said lands, lotts & accomodations ; otherwise, if the said debtor proue insoluant after the first Caueat entered, then this Order to be duly ob- searued, according to the prmisses and true intent and meane- ing thereof. It is also further declared and explayned, that the Recorder or Register of the said Caueat shall, the next prticuter Court as aforesaid, returne the said caueats that are wth him, at wch tyme & Court the enterer of the said Caueats shalbe cauled forth to prsecute the next prticuler Court follow- ing; and if the enterer of the said Caueats fayle to prsecute according to this Order, the Register or Recorder of the said Caueat or Caueats shall putt a vacatt vppon the said Caueat or Caueats, wch shalbe invalled or voyde to chardge the said lotts, lands and accomodations aforesaid.
Forasmuch as it is obsearued that many abuses are comitted by frequent takeing Tobacco, It is Ordered, that noe prson vnder the age of 20 years, nor any other that hath not allreddy accustomed himselfe to the vse therof, shall take any Tobacco vntil he haue brought a Certificat, vnder the hand of some who are approued for knowledg & skill in phisicke, that it is vsefull for him, and also that he hath receaued a lycence fro the Court for the same. And for the regulateing those who ether by their former takeing yt haue to their owne apprhensions made yt necessary to thé, or vppon due aduice are prsuaded to the vse thereof, It is Ordered, that no man wthin this Collony, after the publicatiō hereof, shall take any tobacco publicquely in the street, nor shall any take yt in the fyelds or woods, vnlesse when they be on their trauill or joyrny at lest 10 myles, or at the ordinary tyme of repast comonly called dynner, or if it be not then taken, yet not aboue once in the day at most, & then not [166] in company wth any other. Nor shall any || inhabiting in any of the Townes wthin this Jurisdiction, take any Tobacco in any howse in the same Towne wher he liueth, wth and in the company of any more then one who vseth and drinketh the same weed, wth him at that tyme; vnder the penulty of six pence for ech offence against this Order, in any of the prticulers thereof, to be payd wthout gainesaying, vppon conuictiõ by the
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testimony of one witnesse that is wthout iust exception, before any one Magistrate; and the Constables in the seuerall Townes are required to make prsentment to ech prticuler Court of such as they doe vnderstand and can evict to be transgressors of the Order.
And for the pruenting that great abuse wch is creepeing in by excesse in Wyne and strong waters, It is Ordered, that noe inhabitant in any Towne of this Jurisdiction shall continue in any comon victualing howse in the same Towne wher he liueth aboue halfe an hower att a tyme in drinkeing wyne, bear or hotte waters, nether shall any who draweth & selleth wyne suffer any to drynke any more wyne att on tyme then after the prportion of three to a pynt of sacke. And it is further Order- ed, that noe such wyne drawer deliuer any wyne, or suffer any to be delivered out of his howse to any who com for yt, vnlesse they bring a noate vnder the hand of some on Mr of some family and alowed inhabitant of that Towne, nether shall any such Ordinary keep, sell or drawe any hotte waters to any but in case of necessity, and in such moderation for quantity as they may haue good grownds to conceaue yt may not be abused ; and shalbe reddy to giue an accoumpte of their doeings herein when they are cauled thereto, vnder Censure of the Court, in case of delinquency.
When Mr. Ludlowe hath prfected a body of lawes as the Court hath desiered him, it is the mynd of the Court that he should, besids the paying the hyer of a man, be further consid- ered for his paynes.
Yf Mr. Whiting wth any others shall make tryall and prse- cute a designe for the takeing of Whale, wthin these libertyes, and if vppon tryall wthin the terme of two yeares, they shall like to goe on, noe others shalbe suffered to interrupt the, for the tearme of seauen yeares.
[167]
JUNE THE 3d, 1647.
Ed: Hopkins Esqr, Dep.
Mr. Webster, Mr. Welles.
The Jury :- Humphry Pynny, Willia Heton, Joseph Ma- gotte, Tym: Standly, John Edwards, John Elsen.
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OF CONNECTICUT.
In the action of Aron Cooke plt, agt John Dawes, the Jury find for the plt 4l. & costs of Court.
Henry Densloe is bownd in a Recognizance of 201. to appear the next Court.
Mr. Math: Allen & Tho: Newton acknowledge themselues bownd in a Recognizance of a 160l. to the Court, to saue the Court & such debttors harmeles & indempnified fro any dayn- ger, losse or inconvenience that may befall the by any some of mony that shalbe recouered in the Court, of Scippeseyer his debts, in reference to an ac. comenced agt Sa: Smith.
In the action of Math: Allen pl. agt Peter Jacobe, of 61. 10s. thers acknowled to be paid,
by Dauid Prouost, . 2. 0.
by Sa: Smith, 1:2:7; 1. 2.7
more by him in wheat 2l. 8s. 2. 8.
behind 19s. 5d. wch the deft is to pay.
Tho: Sherwood, for his contempte in not appeareing att Court vppõ sumons, is fyned 40s.
Tho: Newton, for his misdemeanor in the vessell cauled the Virgin, in giueing Phillipe White wyne wn he had to much be- fore is fyned 5l.
[168]
JUNE THE 2, 1647.
Ed: Hopkins Esqr.
Capten Mason, Mr. Webster.
[Deputyes :]-Mr. Steele, Mr. Talcoate, Mr. Cullicke, An- drew Bacon, Mr. Trott, James Boosy, Sa: Smith, Mr. Clarke, Mr. Porter.
It was this day Ordered, that all guns and millitary amunition wch this Comon welth by a Comitte haue formerly bought of George Fenwicke Esqr, be delivered vnto Capten Mason for the vse of the Country, wch being done, the sd. Capten Mason to acquit & discharge the said George Fenwicke, or his Agent, of the prticulers soe delivered.
It was then further Ordered, that Capten Mason should for the peace, safty and good asurance of this Comon welth, haue the coñaund of all souldears and inhabitants of Seabrooke, and
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in case of alarum or daynger by approch of an enimy, to drawe forth or put the said souldears & inhabitants in such posture for the defence of the place, as to him shall seeme best.
It is this day Ordered, that in case Mr. Whiting, being at prsent vppon a voyadge att sea, be by Pruidence pruented of his intended returne, then Capten Mason to be on of the Com- issiors for this Jurisdiction, and to attend the searuice this yeare wth the Comissiors of the Vnited Collonyes, in the Bay or els- wher, at the tyme or tymes appoynted.
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