USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 16
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William Leawis plt contra Thomas Dement defendt, in an action of slaunder, to the dammage of 501.
William Leawis plt contra Thomas Dement defendt, in an action of the case, to the dammage of 3l.
Thomas Dement plt contra William Leawis defendt, in an action of slaunder, to the dammag of 51l.
Thomas Dement plt contra William Leawis defendt, in an action of the case, dammages 10s.
Gregory Willterton, Nathaniell Ely, Arthur Smith, are each of them fined 5s. a peece for not appearing seasonably to serue vppon the Jury.
[196] In the action betweene John Bissell plt contra Jeames Egleston defendt, the Courte findes for the defendt.
In the action betweene Mr. Ollcott plt and Thomas Edwards defendt, the Courte adiudgeth the defendt to pay to the plt 40s.
In the action of Richard Fellows plt agt Stephen Beckwith defendt, the defendt not appearing in Courte to answer his sum- mons, The Courte hath ordered an attachmt to issue forth vppon his person to answer the plt, the next Courte.
In the action of William Frauncklyn plt agt Thomas Barber defendt, the Jury findes for the plt, 4l. 2s. 6d. to bee pd. in
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wheat at 4s. pr bush:, and costs of the Courte, wch the Courte adiudgeth 20s.
In the action betweene Beniamin Nuberry plt and Wil- liam Frauncklyn defendt, the Jury findes for the plt, dammages 2d. and costs of the Courte, wch the Courte adiudgeth to bee 10s.
In the action between Nehemiah Olmsted plt and Richard Lyon defendt, the Jury finds for the plt, dammages 11l. and costs of the Courte.
In the action betweene Mr. Ollcott plt and Samuell Gardiner defendt, the Jury findes for the plt, his debt of 7l. 11s. 8d. dam- ages 30s. and costs of the Courte.
In the action betweene Bray Rosseter plt and Mr. Henry Woollcott defendt, the Jury findes for the plt, damages 31. 12s. and costs of the Courte.
Thomas Barber testified this day in Courte, vppon oath, that hee being in William Frauncklyns howse last September, and the said Frauncklyn speaking to him of Mr. Nuberry's debt, hee tould the deponent that hee had left that debt with Thomas Forde, to doe in it with Nuberry as hee saw cause.
Robert Hayward allso testified this day in Courte vppon oath, that hee being occassionally in William Frauncklyns howse, the said Frauncklyn tould him that hee had left the debt wch Ben- iamin Nuberry owed him, with Thomas Forde.
Mr. Wells made it appeare in Courte that Peter Bussaker is indebted to him 13s.
[197] William Bartlitt not appearing in Courte, being called, hath forfeited his Recogniscance of 207. and Edward Higbye, his security, for not bringing him in, hath forfeited his Recog- niscance of 10l.
Gouert Locman not appearing in Courte, being called, hath forfeited his Recogniscance of 2007. Sterling ; And Cornelius Vantino and Gisberd Vandict, his security, for not bringing in the said Gouert Lockman, haue forfeited theire Recogniscance of 2001.
William Clarke, being called in this Courte to appeare vppon his Recogniscance of 10. and not answering therevnto, hath forfeited the same.
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OF CONNECTICUT.
[192] AT A MEETING OF THE FREEMEN OF THE JURISSDICTION OF CONNECTICUTT, FOR THIE CHOYCE OF MAGISTRATES, THE 17th OF MAY, 1649.
Magistrates :
John Haynes Esqr, is chosen Gournor.
Edward Hopkins Esqr, Deputy Gournor.
Rogr Ludlow Esqr, Magistrate. Mr. Webster, Magist".
Mr. Wells, Magist" and Treas- Mr. Cullick, Magist" and Sec". Mr. Howell, Magist". Mr. Cossmore, Magist".
urer. Mr. Woollcott, Magist". Capt. Mason, Magist".
Deputyes : Mr. Taylecoate, Mr. Steele, Mr. Phelps, Mr. Allyn, Mr. Gayler, Mr. Clarke, Mr. Trott, Edward Steb- bing, Andrew Bacon, Jeames Boosy, Nath: Dickerson, Sam: Smith senior, Danyell Tuterton, John Hurd, Mr. George Hull, Mr. Andrew Ward, Steph:Harte, Thomas Judd, John Clarke, Mathew Grisswold.
Cary Lathum being to appeare this day at this Courte vppon his Recogniscance, and the Courte being certefied from Mr. Wenthrope of the said Lathums prsent inabillity to trauell, they doe respitt the forfeit of his said Recogniscance, provided hee appeare at the Courte heere vppon the first Wednesday of July next.
Isaac Wylly and Cary Lathum are to bee warned to the Courte the first Thursday in June, for resisting the Constable : and allso Robert Beadle and the aforesaid Cary, for letting an Indian goe that was committed to theire charge.
Vppon the desire of the inhabitants of Pequet, for theire in- couragement it is Graunted by this Courte, that they shall bee freed from all publick Country charges, (except such as are oc- cassioned by themselues,) for the space of three yeares next ensuing :
It is allso Graunted, that the bounds of the plantation of Pe- quett shall be foure myles on each side the Riuer, and six myles from the sea northward into the Country, till the Courte shall see cause and haue incouragement to add therevnto, provided they interteine none amongst them as inhabitants that shall bee obnoxious to this Jurissdiction, and that the aforesaid bounds bee not distributed to less than forty familyes :
17*
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And for the setling of some way for the deciding of small dif- ferences amongst them, vnder the value of forty shillings, It is ordered by this Courte, that Capt. Mason shall haue power to giue the oath of magistracy to John Wenthrope Esqr, for the [193] yeare ensueing, || and vntill a new bee chosen, whoe shall haue power (taking vnto himselfe Thomas Mynott* and Samuell Lathrop, as Assistants,) to heare and determine the same ; pro- uided if any bee greiued, they shall haue libberty to appeale to the Courte at Connecticutt, if they haue just cause so to doe :
And the Courte will indeauor to take order with Vncus, that no trapps shall bee sett by him or any of his men, within the bounds of theire Towne : But to prohibitt and restraine Vncus and his men from hunting and fishing within theire limmitts, they doe not yett see cause to doe ; For no Indians are depri- ued of that libberty in any of or Townes, provided they doe it not vppon the Sabath day :
This Courte allso taking into consideration theire proposition for the restraining of others from trading Corne with the Indians within theire Riuer, They doe declare that they cannott re- straine any therfrom whoe liue in and are members of any of the Vnited Colonyes ; and for others, It is vnder the prsent consid- eration of the Commissioners :
The Courte commends the name of Faire Harbour to them, for to bee the name of theire Towne.
Whereas, It is now come to the certeine intelligence of this Courte, that one Hallitt, with one that was Mr. Pheax his wife, are now come into, and liues in the Plantation of Pequett, and (as is conceiued) hath committed in other places, and so liues at this present, in that fowle sin of adultery, wch is odious to God and man, and therfore this Courte cannott but take notice of it ; It is therfore ordered, that there bee a warrant directed to the Constable of the same Towne, to aprhend the said par- tyes, and to bring them vpp to the next perticular Courte in Hartford, wch will bee vppon the first Thursday of the next month ; and the Gouernor is desired to write to Mr. Wenthrope and acquaint him with it.
As allso that a like warrant shall bee directed to the Constable
* An error of the original record. The name should be Mynor or Miner.
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there for the aprehending and bringing vpp to the next perticu- lar Courte, Mary Barnes of theire Towne.
Thomas Mynott is appointed by this Courte to bee a military Sergeant in the Towne of Pequett, and doe inuest him with power to call forth and traine the souldgers of that Towne, ac- cording to order of Courte.
[194] This Courte, taking into consideration the proposition of the Towne of Fairefeild, about a percell of land bought by them of the Indians, that it mighte bee settled vppon them for theire inlargement, doe desire and appointe Danyell Titterton and John Hurd of Stratford to suruey and veiw the said percell of land, and consider therevpon how convenient it is for them and inconvenient for this Comon wealth, to haue the said prem- isses setled vppon the said Towne of Fairefeild, and make re- turne thereof to the next Session of this Generall Courte, that they may the better know what is to bee done therein.
The Deputy Gouernor and Mr. Wells are desired to execute the place of Commissioners for this Jurissdiction with the Vnited Colonyes, at theire meeting in July next, and for the yeare ensuing.
William Leawis and Isaack More are presented for Sergeants, by the Deputyes of Farmington, as chosen by the souldgers : and are approued by the Courte : and are to call forth and traine the souldgers at the dayes appoynted.
It is ordered, that there shall bee a dwelling howse erected at Seabrooke, about the middle of the new Forte Hill, at the charge and for the seruice of this Common wealth. And Capt. Mason, Mr. Taylecoate and Jeames Boosy are desired to take care about it, and to see the thinge effected, according to theire best discretion.
The Courte declares that the twenty pound that is now re- quired of the Townes of Fairefeild and Strattford, is in full of all accounts for theire proporcon of country charges to this time.
Concerning Mr. Blackmans meintenance, Mr. Ludlowe is desired (both for what is behinde, as allso for the future,) to take care that it bee leuied, according to the seuerall seasons, as is provided by the order of the Country.
It was reported by the Comittee appointed for the laying out
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of the lands vppon the Riuer, according to agreement with Mr. Fenwicke, that those of Seabrooke shall runn, in theire deuision of land on the east side the Riuer, from the Riuer eastward, fiue myles ; and northward vpp the Riuer, on the east side, six myles : And on the west side the Riuer, northward eight myles.
The Court is adiorned to the first Wednesday in June next.
A SESSION OF THE GENERALL COURTE IN HARTFORD, THE 6th OF JUNE, 1649.
John Haynes Esqr, Gournor.
Edward Hopkins Esqr, Deputy.
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster, Mr. Cullick.
Deputyes : Mr. Phelps, Mr. Gaylerd, Mr. Steele, Mr. Trott, Mr. Clarke, Mr. Taylecoate, Mr. Allyn, Edward Stebbing, Jeames Boosy, Sam: Smith, Andrew Bacon, Nath: Dickerson, Steph: Harte, Thomas Judd.
This Courte being informed (by the Committee appointed to take care about the erecting of a dwelling howse at Seabrooke, aboute the middle of the new Forte Hill, at the charge and for the seruice of this Common wealth,) that there is a want of the hands and abillityes of men of seuerall trades, and labourers, for the carrying on and effecting of the premisses in any reasona- ble time, doe order that it shall bee lawfull for any Magistrate within and of this Jurisdiction, to send out warrants for the pressing and compelling of such men to worke vppon the prem- isses, as they shall bee informed to bee fittest and most able to carry on the worke till the same bee effected and compleated, for such wages as the said Magistrate that giues his warrants shall judge meete, any order formerly provided for the regula- ting of mens wages to the contrary notwithstanding.
For the better preseruing corne and meadow on the east side of the great Riuer ; It is ordered by this Courte, that there shall no hoggs or swyne of any sorte bee put ouer thither, or kept there, at any time after the publishing of this order, except they bee kept out of the bounds of the seuerall Townes, or in theire yards, vnder the penalty of two shillings a head for euery
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OF CONNECTICUT.
hogg or swyne, for euery time they shall bee found there con- trary to this Order.
The Courte appoints Thomas Hollibutt of Wethersfeild. Clarke of the Trained Band of that Towne.
[198] Vppon reading the Acts of the Commissioners for the vnited Colonyes at the meeting held at Plymouth the last seu- enth month, It was observed that in the agitacon of the differ- ence betwixt the Massachusetts Colony and this, in reference to the imposition required from Springfeild, vppon some goods passing out at the mouth of this Riuer, towards the charge ex- pended at Seabrooke, tending to the good of all the plantacons vppon the Riuer, It was questioned by the Commissioners of the Massachusetts whether there were any order of this Courte extant, for the payment of any imposition by goods aprtaininge to the inhabitants of Springfeild, brought from thence and so passing downe this Riuer. The Courte doth declare that by express order, of the 5th Febr, 1645, all corne laden aboard any vessell vppon this Riuer and passing out to sea at the Riuers mouth, was to pay two pence pr bush : in the forementioned respects ; and Beauer twenty shillings pr hogshead ; wherein as Springfeild was intentionally included, so this Courte had due respect therevnto as then considered vnder the Massachusetts Gouernement, that no greater burthen mighte fall vppon those inhabitants then according to cleare grounds of equity and righteousnes, in theire best aprehensions, they ought readily to submitt vnto, and was equall for them to beare ; and no more then they should haue expected to bee imposed vppon them- selues in the like case ; which order hath beene since confirmed, and a penalty of confiscation of such goods annexed in case of non-payment : the execution whereof in reference to our breth- ren of Springfeild, hath only beene deferred vntill the judgement of the Commissioners of the other Collonyes mighte bee under- stood in the premisses, according to the Articles of Confedera- tion, wherin provision is made for deciding of any differences that might fall in betwixt any of the Colonyes ; wherevnto they referred themselues in this case, allthough they are yet allto- gether vnsatisfied that Springfeild doth properly fall in within the true limmitts of the Massachusetts Pattent, wch they much
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desire may with all convenient speed bee clearly issued in a way of loue and peace, and according to truth.
This was voted to bee recorded and sent to the next meeting of the Comissioners, as the Act of this Courte.
[199] A PERTICULAR COURTE IN HARTFORD 7th JUNE, 1649. John Haynes Esqr, Gournor.
Edward Hopkins Esqr, Deputy.
Magistrates : Mr. Welles, Mr. Woollcott, Mr. Webster, Mr. Cullick.
Jury : Sam: Smith, Nath: Dickerson, William Wads- worth, John Crow, John Bernard, Thomas Selden, An- tho: Hawkins, William Heydon, Danyell Clarke, George Phelps, Josias Churchell, John Goodrich.
Thomas Newton plt contra John Capell, in an action of debt 8l. and dammages, 4l.
Henry Grey plt contra Jonas Wood defendt, in an action of defamation, to the dammage of 50l.
William Edwards plt contra Richard Samwis and Stephen Tayler, in an action of the case, damages, 107.
William Edwards plt contra John Bennett defendt, in an ac- tion of slander, to the dammage of 5l.
William Leawis plt contra Thomas [Dement] defendt, in an action of slaunder, to the dammage of 50l.
In the action betweene Thomas Newton plt and John Capell defendt, the Jury findes for the plt, debt, 8l. and 2d., and dam- mages 40s. and costs of Courte. Execution graunted and delivered the 21th of May, 1650.
In the action betweene Henry Grey plt and Jonas Wood de- fendt, the Jury findes for the plt dammages, 3l.
In the action betweene William Edwards plt and Richard Samwais and Stephen Tayler, defendts, the Jury findes for the plt 5l. 5s. and costs of the Courte. Execution delivered to him the 7th of Novemb", 1649.
In the action of slaunder betweene William Edwards plt and John Bennett defendt, the Jury findes for the defendt, and costs of the Courte.
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OF CONNECTICUT.
In the action of slaunder betweene William Leawis plt and Thomas Dement defendt, the Jury findes for the defendt, and costs of the Courte.
William Edwards is fyned, for drawing wine contrary to order of Courte, 30s.
The Courte graunts execution to John Bennett agt William Edwards, according to the verdict of the Jury at the Courte houlden the first of March, 1648-9.
The Courte graunts execution to William Francklyn agt Thomas Barber, according to the verdict of the Jury at the Courte houlden the 16th day of May, 1649.
The same is graunted to Beniamin Nuberry agt Francklyn. [200] Samuell Pond complaines agt Jonas Westouer for mis- deameanor.
Jonas Westouer acknowledgeth himselfe bound to this Com- monwealth, in a Recogniscance of 201. and John Bissell and Robert Haward in a Recogniscance of 10l. a peece, provided the said Westouer appeares at the perticular Courte in Sep- tembr next and carry good behauior in the meane time.
The Courte appoints Mr. Webster to goe to Stratford to assist Mr. Ludlow at the perticular Courte there, next Thursday come fortnight, in the execution of justice.
William Comstock, Mr. Trott and Sam: Smith Junior, are either of them freed from theire and either of theire Recognis- cances for the said Comstocks appearing at this Courte.
Walter Leawis and Mr. Trott his security are freed from either of theire Recogniscances, for the said Walter his appear- ing at this Courte.
This day there was presented to this Courte the last will and testament of John Porter, late of Wyndsor, deceased, and the Inuentory of his estate.
Cary Lathum, of Pequett, acknowledgeth himselfe bound to this Common wealth, in a Recogniscance of 40l. provided hee appeare at any place within this Jurisdiction haueing reasona- ble warning soe to doe, at any time within this six months, and carry good behauior in the meane while.
William Bartlett acknowledgeth himselfe bound to this Com- mon wealth, in a Recogniscance of 20l. and Cary Lathum, in a Recogniscance of 201. that the said William Bartlitt shall ap-
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peare at the perticular Courte vppon the first Thursday in Sep- tembr next, and carry good behauior in the meane while.
Jonas Woods bond to the Dutch, hee delivered into this Courte, wch was cancelled by order thereof, and the Secr. ap- pointed to certefie the same vnder his hand.
Jonas Wood complaining to this Courte that by reason of Thomas Newtons failing to performe the verdict of the Jury, according to agreement at the Courte in Hartford, vppon the 28th of December, 1648, hee was forced, to his great loss and dammage, to satisfie his bond at the Monatoes himselfe ; This Courte adiudgeth to bee due to the said Jonas Wood from the said Thomas Newton, according to the aforesaid verdict and dammages,-
For his bond at the Dutch, being 400 Gilders, 381. 00. 0. For so much the Jury adiudged Newton to pay him more then the bond, 30. 00. 0.
For the charge & dammage about it, 10. 00. 0.
78. 00. 0.
out of wch the Courte discounts the 18l. wch Wood was to pay Newton, by the verdict of the Jury, vppon an action of New- tons agt Wood, the same day : so there remaines to Wood sixty pounds. Execution graunted.
[201] A PERTICULAR COURTE IN HARTFORD, THE 6th OF SEP- TEMBY, 1649.
John Haynes Esqr, Gouernor.
Edward Hopkins Esqr, Deputy.
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster, Mr. Cullick.
Jury : Mr. Westwood, John White, Nathaniell Ely, George Graue, John Lattimore, John Rily, Thomas Hollibutt, Luke Hitchcock, Will: Gayler Junior, Will: Phelps Junior, Walter Fyler, Robert Haward.
Thomas Osmore plt contra William Cornewell defendt, in an action of the case, to the damage of 41.
Richard Buttler plt contra William Cross defendt, in an ac- tion of the case, to the damage of 6l.
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OF CONNECTICUT.
Mrs. Chester plt contra Wallter Leawis defendt, in an action of defamation, dammages, 10l.
Sam: Gardiner plt, for himselfe, Thomas Edwards and the Widdow Louenam, contra Thomas Osmore defendt, in an ac- tion of Trespass, to the dammage of 41.
Mathias Trott plt contra John Coleman defendt, in an action of slaunder, to the dammage of 50l.
Mr. Henry Woollcott, senior, plt contra Bray Rossiter de- fendt, in an action of the case, to the damage of 12l.
John Bissell plt contra Richard Fellows defendt, in an action of the case, to the dammage of 40s.
Owyn Tuder plt contra William Edwards defendt, in an action of debt, to the value of 201.
Corbitt Piddell plt contra Thomas Stanton defendt, in an ac- tion of the case, concerning two cures, to the dammage of 6l.
Jeames Wakely plt contra Thomas Skidmore and Edward Higby defendts, in an action of slaunder, to the dammage of 201.
Thomas Stanton plt, contra Joane Sipperance, in an action · of slaunder, to the vtter vndoinge of his wiues good name and allmost taking away her life, to the dammage of 2001.
Joshuah Jennings, for not watching one night, and other ill carriages to the Constable, is to pay for the watchman in his roome, and is fyned, 2s. vid.
Jeames Wakely, for some defects in wattching, is fined 2s. vid.
Henry Coale, for sleeping in ye time of his watch, is fyned 10s.
Nathaniell Barding, for the same, is fined 10s.
Timothy Mercer, of Wyndsor, is fined, for a pound breach, 40s.
[202] In the action betwene Thomas Osmore plt contra Will- iam Cornewell defendt, the Jury findes for the plt, debt 20s. damages 13s. 4d. and costs of the Courte.
In the action betwene Richard Buttler plt and William Cross defendt, the Jury findes for the plt, 4l. 5s. in wampum, and costs of the Courte. Execution d'd to ye pl', ye 15" of May, 1650.
In the action betwene Mrs. Chesther plt and Wallter Leawis is defendt the Jury finds for the plt, 20s. and costs of ye Courte.
In the action betwene Sammuell Gardiner plt and Thomas
18
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Osmore defendt, the Jury findes for the plt, 20 bush: of Indian corne, two bush: of Indian Beanes, and costs of ye Courte. Execution d'd 14th of May, 1650.
In the action betweene Mathias Trott plt and John Coltman defendt, the Jury findes for the plt, 30s. and costs of ye Courte.
In the action betweene Mr. Woollcott plt and Bray Rossiter defendt, the Jury findes for the defendt, costs of the Courte.
In the action betweene John Bissell plt and Richard Fellows defendt, the Jury finds for the defendt, costs of the Courte.
In the action betweene Owyn Tuder plt and William Ed- wards defendt, the Jury findes for the plt, 15 barrills of Tarr and 4l. 10s. and costs of the Courte. Execution granted, to issue forth within 14 dayes.
In the action betweene Corbitt Piddell plt and Thomas Stan- ton defendt, the Jury findes for the plt, 20s. and costs of the Courte. Execution graunted to bee prsent.
In the action betweene Jeames Wakely plt and Thomas Sckidmore and Edward Higby defendts, the Jury findes for the plt, damages 2d. and costs of the Courte, wch the Courte al- lowes to bee 9s. 8d.
In the action betweene Thomas Stanton plt and Joane Sib- perance defent, the Jury findes for the plt, 30s. and costs of the Courte.
The Courte appointes the eldest Sergeant of the Trained Band at Wethersfeild, to call forth and exercise the same ac- cording to order of Courte, for the present, and that they should make choyce of one amongst them for theire Leiftenant, and prsent him to the Courte.
[203] Mrs. Chesther complaines against George Chappell and Goody Coleman and Danyell Turner, for misdeameanors.
Danyell Turner, for libelling against Mrs. Chesther and for other misdemeanors, is committed to prison, and is to bee brought forth and whipt next Lecture day, and then to goe to prison againe for a month from this time, and then publickly corrected againe, and giue good security for his good behavior.
Thomas Willkenson, for disorderly carriage in the meeting- howse, vppon the Saboath day, is to bee committed to prison till the Courte sees cause to free him.
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OF CONNECTICUT.
Thomas Rushmore, for the same crime, is committed allso with the former.
This Courte frees Jonas Westouer and his security from theire and either of theire Recogniscances, for Westouers ap- pearance and good behauior.
Thomas Burnham acknowledgeth himselfe bound to this Com- wealth in a Recogniscance of 10l. that Rushmore, his man, shall appeare at the next perticular Courte, and carry good be- hauior in the meane time.
Gregory Gibbs acknowledgeth himselfe bound to this Coñon wealth in a Recogniscance of 20. and Thomas Parkes in a Recogniscance of 107. that the said Gibbs shall carry good be- hauior for the space of halfe a yeare next ensuing.
The Judgment of the Courte is that Walter Leawis should giue Mrs. Hollister good security to the value of 30/. before hee goes from her, that what dammage shee shall susteine for want of his seruice shall bee made good and paid to her, if hee doth not make it appeare in a reasonable time, that hee is not bound to serue her any longer then vntill this time.
William Bartlitt of Pequett is freed from traineing, by reason of his lamenes, prouided hee notwithstanding meinteine his armes as complete and able for service as they should bee if hee did traine.
[204] A GENERALL COURTE IN HARTFORD, THE 13th OF SEPTEMBER, 1649.
John Haynes Esqr, Gournor.
Edward Hopkins Esqr, Deputy.
Magistrates : Roger Ludlow Esqr, Mr. Wells, Mr. Woollcott, Mr. Webster, Mr. Cullick.
Deputyes : Mr. Taylecoate, Mr. Steele, Mr. Trott, Mr. Allyn, Mr. Phelps, Mr. Gayler, Mr. Clarke, Mr. Warde, Andrew Bacon, Edward Stebbing, Sam: Smith, Nath: Dickerson, John Demon, Thomas Staples, absent, Steph: Harte, Will: Beardsly, absent, Thomas Sherratt, absent. This Courte frees John Rockwell senior and John Styles
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