USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 17
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senior, from watching and training, and Mr. Brancker from watching and wardinge and traininge.
This Courte taking into consideracon the many dangers that the familyes of Thomas Holcombe, Edward Grisswold, John Bartlitt, Francis Grisswold and George Grisswold, all of Wynd- sor, are in and exposed vnto, by reason of their remoate liuing from neighbors and nearenes to the Indians, in case they should all leaue theire families together without any guard ; doth free one souldger of the foremenconed families from training vppon euery training day ; each family aforesaid to share herein ac- cording to the number of souldgers that are in them : provided that man wch tarryes at home stands about the aforesaid howses vppon his sentinell posture.
It is ordered by this Courte, that whosoeuer shall take out any warrant from the Secretary thereof, that concernes an action, shall, before hee hath a warrant, enter his action with the Secretary and then take out his warrant for summons to answer the same, for wch they shall pay for euery entry twelue pence, and for euery warrant foure pence, though they agree with their defendts before the Courte. Allso, if any other magistrate shall graunt a warrant that concernes an action, they shall en- ter the action in a small booke for that purpose before they graunt the warrant, and shall make a due returne at euery Courte to the Secretary thereof, what such warrants, and to whome, they haue graunted. And all such persons shall bee as lyable to pay twelve pence for euery such action, to the Sec- retary of the Courte, as if they should haue had theire warrants of him.
It is allso ordered, that whosoeuer shall enter into any Re- cogniscance in Courte, shall pay to the Secretary of the said Courte for euery entry, six pence ; and before hee withdrawes it or bee freed from it, shall pay him for the withdrawing of it, twelue pence.
Whereas by reason that the order about watching hath not beene rightly vnderstood, many differences and inconveniences haue beene occasioned, For preventing thereof, this Courte doth explaine themselues and order ; that whosoeuer within this Jurissdiction that are lyable to watch, shall take a journey out of the Towne wherein hee liueth, after hee hath had timely notice
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and warning to watch, hee shall provide a watchman for that turne, though himselfe bee absent. And if any man that takes a journey, or goes out of the Towne wherein he liueth, if hee returnes home within a weeke after the watch is past his howse hee shall bee called back to watch that turne past a weeke be- fore.
[205] Jespar Gunn, of Hartford, is freed from watching during the time that hee attends the seruice of the mill.
This Courte, taking into serious consideracon what may bee done according to God in way of reuenge of the bloude of John Whittmore, late of Stanford, and well weighing all circum- stances, together with the carriages of the Indians (bordering therevppon,) in and about the premisses : doe declare themselues that they doe judge it lawfull and according to God to make warr vppon them.
This Courte desires Mr. Deputy, Mr. Ludlow and Mr. Taylecoate to ride to morrow to New Hauen, and conferr with Mr. Eaton and the rest of the Magistrates there aboute sending out against the Indians, and to make returne of their apprehen- sions with what convenient speed they may.
The Courte is adiourned to next Tuesday at noone.
A SESSION OF THE GENERALL COURTE IN HARTFORD, THE 18th SEPTEMBER, 1649.
Whereas the French, Dutch and other forraigne nations doe ordinarily trade gunns, powder, shott etc. with the Indians, to or great preiudice, and the strengthening and animating of the In- dians against vs, as by dayly experience wee finde ; and where- as the aforesaid French, Dutch etc. doe prohibitt all trade with the Indians within theire respectiue Jurissdictions, vnder penal- tye of confisscation ; It is therfore hereby ordered, that after due publication hereof, it shall not bee lawfull for any French- man, Dutchman or person of any other forraigne nation, or any English liuing amongste them or under the gouernment of them or any of them, to trade with any Indian or Indians with- in the limmitts of this Jurissdiction, either directly or indirectly, by themselues or others, vnder penalty of confisscation of all such goods and vessells as shall bee found so trading, or the due
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18*
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value thereof, vppon just proofe of any goods or any vessells so trading or traded : And it shall bee lawfull for any person or persons inhabiting within this Jurissdiction to make seizure of any such goods or vesells trading with the Indians as by this law is prohibited ; the one halfe whereof shall bee to the proper vse and benefitt of the partye seizing, and the other to the pub- lick :
This order, vppon the recomendation of the Comissioners to the Generall Courtes of the seuerall Jurissdictions was confirm- ed by this Courte.
[206] The distribution of the souldgers that shall issue forth of each towne, is as followth :
Hartford, 13
Wyndsor, 11
Wethersfeild, 08
Fairefeild & Stratford, 13
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45.
The Comittee chosen by the Courte for the ordering of the setting forth of theise souldgers for ammunition and provision, are as followth :-
Magistrates. Mr. Haynes, Mr. Hopkins, so farr as his buis- ines shall prmitt, Mr. Wells, Mr. Webster.
Deputys. Mr. Allyn, Mr. Taylecoate, Sam: Smith senior.
Mr. Ludlow was desired to take care for preparing the sould- gers with provisions and all other necessaryes for the designe in the two Townes : and Mr. Hull and William Beard- sley are chosen to assist therein.
In the case of Thomas Newton plt against John Cabell de- fendt the execution of the judgement is to bee suspended vntill the Courte of Election in May, to wch Courte the defendt doth appeale, and the plt is to haue notice to appeare at the said Courte to answer the appeale.
Gouert Lockman appeared at this Courte and desired an issue might bee put to his buisines : hee was tould that notwith- standing the forfeit of his bond, yet if hee could make it ap- pear that hee was hindred by a hand of God, and that there was not a willing neglect of his owne, his case should bee taken
· A blank in the original. The words omitted were probably ' sea side'.
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OF CONNECTICUT.
into due consideration ; wherevnto hee said little, onely pro- fessed his innocency in not selling any powder or shott to Indi- ans, but onely the quantity of a pound wch hee once gaue to a Sachem. Hee was allso tould that if hee would enter into a bond to a double valew of what his last was, payable by him in case euident proofe were produced, and that vppon Christian testimonye, (wch hee called for,) that hee is vnder greater guilt then hee yett will acknowledge, by that mischieuous trade, the former ingagement should bee remitted ; wch hee refusing, the Courte further propounded to him either to pay the whole for- feiture or to enter into bond to appeare at the Courte in May to answer the charge against him, and to submitt to what shall bee found uppon tryall by suffitient testimonye, and hauing so done, the halfe of the forfeiture should bee remitted him. The said Gouert not attending the propositions made by the Courte, but after the adiournement thereof, applying himselfe to the Gouernor for an issue, hee condisscended by way of agreement to pay one hundred pounds, provided hee might not bee ingag- . ed to abide the tryall of the case; wch was accepted by the Gouernor, and the said sum received.
The Courte is adiourned to the 10th day of the next month.
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[207] A SESSION OF THE GENERALL COURTE IN HARTFORD, THE 10th OF OCTOBER, 1649.
John Haynes Esqr, Gouernor.
Edward Hopkins Esqr, Deputy.
Magistrates : Mr. Wells, Mr. Webster, Mr. Woollcott, Mr. Cullick.
Deputyes : Mr. Phelps, Mr. Trott, Mr. Clarke, Mr. Allyn, Mr. Taylecoate, Mr. Steele, Edward Stebbing, Sam : Smith, Nath: Dickerson, Steph : Harte, John Demon, Andrew Bacon.
It is ordered by this Courte, that the 100l. wch is received of Gouert Lockman, shall bee sequestred and reserued for the per- fecting of the Forte and worke about the same, so farr as it will goe, and that none of it shall [be] expended vppon any other country or common respect.
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Mr. Hopkins, Capt: Mason, Mr. Cullick, Mr. Allyn and Mr. Taylecoate are desired to prosecute with effect the worke that is still to bee done aboute the Forte and dwelling howse to bee erected for the vse and seruice of the Country, according to former order of Courte.
It is ordered that Thomas Stanton shall bee allowed and paide fiue pounds for the seruice hee did in interpreting the In- dians language the yeare before the last order for his receiving the like yearely recompence for the future.
The Courte is adiourned to this day month.
A SESSION OF THE GENERALL COURTE, THIS 7th OF NOVEMBE, 1649.
John Haynes Esqr, Gouernor.
Edward Hopkins Esqr, Deputy.
Magistrates : Mr. Wells, Mr. Woolcott, Mr. Webster, Mr. Cullick.
Deputyes : Mr. Phelps, Mr. Trott, Mr. Clarke, Mr. Gay- ler, Mr. Allyn, Mr. Taylecoate, Edward Stebbing, Sam:
Smith, Andrew Bacon, Nath: Dickerson, John Dement.
It is ordered that a warrant shall issue forth to the Constable of Pequet, to repaire forthwith to Chessbrooke of Long Iland, and to let him vnderstand that the Gouernmt of Connecticutt doth disslike and distaste the way hee is in and trade hee doth drive amonge the Indians : And that they doe require him to desiste therfrom immediately : And that hee should repaire to Capt. Mason of Seabrooke, or some other of the Magistrates vppon the Riuer, to giue an account to him or them of what hee hath done hitherto.
It is further ordered, that East Hampton, of Long Iland, shall bee accepted and interteined vnder this Gouernment according to their importunate desire.
This Courte graunts Sam: Smith and the rest of the owners of the shipp at Wethersfeild, libberty to get and make so many pipestaues as will freight out the said shipp the first voyage, provided they doe it out of the bounds of any of the Townes vppon the River, within this Jurisdiction.
The Courte is adiourned to this day month.
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OF CONNECTICUT.
[208] A SESSION OF THE GENERALL COURTE IN HART- FORD, THE 5th OF DECEMBER, 1649.
John Haynes Esqr, Gournor.
Edward Hopkins, Esqr, Deputy.
Magistrates : Mr. Woollcott, Mr. Webster, Mr. Cullick. Deputyes : Mr. Phelps, Mr. Allyn, Mr. Trott, Mr. Steele,
Mr. Clarke, Sam: Smith, Nath: Dickerson, Andrew Bacon, Edward Stebbing, John Dement, Steph: Harte.
There being a petition presented to this Courte, by some of inhabitants of Stratford, complaining against theire way of rating, the Secretary of the Courte is appointed to write to the Constable of Stratford that hee should acquaint the Towne of Stratford with the same, and that the Courte requires the Towne to take order that either theire Deputyes or some others may come prepared to the next Courte of Election in May, to speake to that case.
It is ordered by this Courte, that there shall bee a publick day of Thanksgiving kept by all the Churches within this Jurissdic- tion that may bee seasonably acquainted therewith, vppon this day fortnight.
The Courte is adiourned to the first Wednesday in February next.
[209] A PERTICULAR COURTE IN HARTFORD, THE 6th OF DE- CEMBY, 1649.
John Haynes Esqr, Gournor.
Edward Hopkins Esqr, Deputy.
Magistrates : Mr. Wells, Mr. Woolcott, Mr. Webster, Mr. Cullick.
Jury : William Gibbens, Nath: Dickerson, John Bissell,
Sam: Bourman, Sam: Smith, Dauid Willton, Luke Hitchcock, William Wadsworth, Thomas Bull, Thomas Bunce, John More, Antho: Hawkins.
Thomas Burneham plt contra John Bennett defendt, in an action of debt, to the value of 3l. 10s.
John Sadler plt contra John Bennett defendt, in an action of debt and damages 50s.
William Colefax plt contra John Sadler defendt, in an action of the case, to the damage of 4l.
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PUBLIC RECORDS
William Houghton plt contra Jeruis Mudge defendt, in an action of debt to the value of 61. 10s.
John Hudshon plt as attorney to Sampson Shorye contra Will: Williams, in an action of debt and damages 8l.
Jeames Wakely plt as attorney to Stephen Day contra Thomas Sckidmore defendt, in an action of debt and dammages, 177. 10s.
Thomas Demon plt contra Sammuell Martyn defendt, in an action of the case to the damage of 107.
Jeruis Mudge plt contra Edmund Scott defendt, in an action of the case to the damage of 39s.
Richard Samwis plt contra Thomas Barly defend, in an ac- tion of debt to the value of 5l. The defendt appeares not : And the plt did not prooue that the warrant was serued.
Sammuell Gardiner and Thomas Edwards plts contra Ben- iamin Hilliard in an action of the case to the dammage of 31. 10s. The defendt not appearing, the Courte graunts an attachmt.
John Sable plt contra Jeruis Mudge defendt, in an action of debt to the value of 44s. dammages 15s. The defendt is to put in security to answer the plt, next Courte.
This Courte doth sequester the howse, homelott and meadow of the relict of Abraham Elsing, now the wife of Jaruis Mudge, wch is mentioned and valued in the Inuentory of Abraham El- sing's estate at 40l. 8s., for the vse and benefitt of the two daughters of the said Abraham Elsing ; and the whole rent of the aforesaid premisses shall bee reserved for the vse of the said children, from this present yeare vntill the Rent of the said land shall make vpp the said 407. 8s. to bee two thirds of the sum of the whole estate that the said Inuentory doth ammount vnto. [210] In the action betweene Thomas Burnham plt, and John Bennett defendt, the Jury findes for the plt, debt and damage 1l. 18s. 2d. and costs of the Courte.
In the action betweene John Sadler plt and John Bennett defendt, the Jury findes for the plt, debt and damages, Il. 11s. 3d. and costs of the Courte. Execution delivered to the Mar- shall, the 10th January, 1649.
In the action betweene William Colefax plt and John Sadler defendt, the Jury finds for the plt, damages 10s. and costs of the Courte.
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In the action betweene William Houghton plt and Jaruis Mudge defendt, the Courte grauntes the plt right to the cowe wch the defendt had formerly sould him, in satisfaction for the debt.
In the action betweene John Hudshon plt and William Wil- liams defendt, the Jury findes for the plt, debt and damages 8l. and costs of the Courte. Execution graunted in 14 dayes, and delivered, the 8th Jan", (49.)
In the action betweene Jeames Wakly plt and Thomas Sckidmore defendt, the Jury findes for the plt, debt and dam- mages, 15l. 10s. and costs of the Courte. Execution graunted the 7th of March (49.) and delivered the 8th day of ye same month.
In the action betweene Jaruis Mudge plt and Edmund Scott defendt, the Court adiudges the defendt to pay the plt 10s.
In the action betweene Thomas Demon plt and Samuell Martyn defendt, the Jury findes for the plt, debt and damages 41s. and costs of the Courte. Execution graunted in a week.
Grego: Gibbs and his security are freed from theire and either of theire Recogniscances for the said Gibbs his appearance at this Courte and good behauior.
John Jennings, for his filthy and prophane speeches and car- riages, is adiudged to lye in prison till next Thursday morning after the Catechising, and then to bee publickly whipt, and so returne to prison againe for a month after that, except hee finde bayle to appeare when hee is called for againe to receive second correction, wch the Courte appoints and thinkes meete to bee next Thursday come month, excepte the Gouernor judges the weather vnseasonable.
Joane Sipperance is adiudged to pay double for the lace shee stole, and three fold for the time she absented herselfe from her mars seruice.
Srgeant Barber, for his disorderly striking Leiftennant Cooke, is adiudged to lay downe his place, and is fined to the Country, 5l.
Richard Webb is fined for not appearing at this Courte sea- sonably to serue on the Jury, 2s. vid.
[Note. Here terminate the Court Records, contained in Volume I. The remainder of the volume consists of records of Wills and Inventories, and of conveyances of land and lay-outs of grants to individual proprietors. Volume II. contains only the proceedings of the General Court,-and from the period at which it commences, to June, 1663, the Records of the Particu- lar Court, or Court of Magistrates, (including the Probate Records,) have been lost.]
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[VOLUME II.]
A SESSION OF THE GENERALL COURTE, 6th or FEBr, 1649.
John Haynes Esqr, Gournor.
Edw: Hopkins Esqr, Deputy.
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster, Mr. Cullick.
Deputyes ; Mr. Phelps, Mr. Clarke, Mr. Allyn, Mr. Steele
Mr. Taylecoat, Sam: Smith, Nath: Dickerson, John Deming, Edw: Stebbing, Andr: Bacon.
It is ordered by this Courte that Nehemiah Olmsted bring in to the Secretary a receipt vnder Mr. Hop[kins] his hand, in full for this yeares payment of that [ ] proportion laid vppon Farmington in reference to the composition for Seabrooke by the first of the next month, and if hee failes so to doe, Mr. Treasurer is desired to send the marshall to distreine the said Olmsted.
The same is to bee done for Jonathan Gillett and Tho: Buck- land of Wyndsor, for the yeare 1647.
And for the yeare 1648, Will: Phelps and Will : Hey [ton] of Wyndsor are required to doe the same with the former, or else pay it themselues.
The same allso is to bee done by John Hawkes and Tho: Orton of Wyndsor, for the yeare 1649.
This Courte appointes Sam: Bourman of Wethersfeild, to bee the Towne sealer of all measures and weights in that Towne, according to order of Courte.
It is ordered by this Courte, that Will: Rescew shall bee allowed and paid out of the publique Treasury, ten pounds a yeare during the time hee keepeth the charge of the house of correction.
This Courte, taking into consideracon the petition of Tho: Staunton presented to them, haue graunted to him and doe order, that hee shall haue libberty to erect a trading howse at Pawcatuck, with six acres of planting ground, and libberty of feed and mowing, according to his present occasions : and that
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OF CONNECTICUT.
none within this Jurisdiction shall trade within that Riuer for the space of three yeares next ensuing ; provided hee submitt himselfe to such other exceptions and cautions as the Gouernor and Deputy shall judge meett.
The Courte is adiourned to the 20th of next March.
[2] A SESSION OF THE GENERALL COURTE, THIS 20th OF MARCH, 1649-50.
[John] Haynes Esqr, Gouernor.
[Edw:] Hopkins Esqr, Deputy.
Magistrates : Mr. Wells, Mr. Woollcott, Mr. Webster, Mr. Cullick.
Deputyes : Mr. Phelps, Mr. Taylecoat, Mr. Trott, Mr. Clarke, Mr. Allyn, Sam: Smith, Nath: Dickerson, Andr: Bacon, John Deming, Edw: Stebbing.
Robert Haward, miller of Wyndsor, is freed from seruing vppon Juryes during his attendance vppon the mill.
The order about the wages of men and cattle is repealed. Allso, the order about the prises of all corne is repealed ; whereby all persons are left at libberty to make theire bargaines for corne, provided where no price is agreed betwixt persons, corne shall bee payable according to the former order, that is to say, wheat at 4s., pease at 3s., rye at 3s. and Indian at 2s. vid. pr bush :
The answer of the Courte to the petitioners in Saybrooke is to bee recorded : and the Comittee appointed to attend further what they shall desire, is as followth :- The Gournor, Mr. Wells, Mr. Webster, Mr. Steele, Mr. Allyn and Sam: Smith, and such other as they shall see cause to call to them : The answer followth :--
The petition from the Inhabitants of Saybrook, presented by Mathew Grisswold and Tho: Leppingwell, being read and con- sidered, the Secretary was directed to returne the ensuing answer :
Though the Courte yett see not any convincing strength of argument in the reasons alleadged to induce either an allteracon
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PUBLIC RECORDS
in theire judgement touching the equity of what is imposed, or a necessity of leauing the determinacon thereof to others, (the purchase or agreement mentioned not being carried on wholy without the knowledge or consent of the Inhabitants there, vnles the end be severed from the meanes, wch prudence for- bids, the interests of that place as really concerned therein as the other plantacons, and in some respects more, the pretence of this Courts passing sentence in theire owne case, excluding all the inhabitants of the Riuer from a capabillity of acting therein, and vppon the same ground making all Courts vncape- able in many cases of determining by themselues what may concerne theire peace and comforts, without a forraigne assist- once,-the vncomelines, yea, and vnreasonableness whereof is easily obvious,)-yet this Courte, for the further satisfaction of the petitioners are content to giue them full libberty to present in writing any arguments or reasons they haue to lead theire judgements in the present case, wch shall bee taken into due and serious consideracon, and either owned in theire strength, (if they appeare convincing,) or a returne made therevnto in [3] writing, if the validity bee dissatisfactory ; || wherein the Courte shall not deny them any libb[erty they ] desire of taking in the aprehensions of others, (not [ ] concerned in the case,) for theire owne reliefe and [satis]faction : being no wayes vnwilling theire actions should bee brought to the light and judged by it, but ever re[sol]ued to give due respect to any beame thereof that [may] bee presented by any, when it shines in its beauty : But in the meane time they advise the petition- ers to adress themselues to a ready observacon of what is impo- sed, vntill the Courte see cause to make another judgement in the case.
This Courte adds to the Committee chosen to prosecute the worke about a dwelling howse at Seabrooke, at the Courte vppon the 10th of October, 1649, Stephen Post and Thomas Traisy, of Seabrooke :-
And Sammuell Smith senior, of Wethersfeild, to the Comittee about the lands at Mattabeseck, in the roome of Jeames Boosy.
This Courte appoints that next Wednesday come seuen-night shall bee kept a publique day of humilliation throughout all the plantacons in this Jurissdiction, to seeke the face of the Lord.
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OF CONNECTICUT.
Mr. Clarke, of Wyndsor, is propounded by the Deputyes of that Towne to bee in nomination for a Magistrate, at the next Courte of Election.
The Courte is dissolued.
[4] A GENERALL COURTE OF ELECTION, THE 16th OF MAY, 1650.
Edward Hopkins Esqr, Gouernor.
John Haynes Esqr, Deputy.
Roger Ludlow Esq., Mag. Mr. Cullick, Mag. &. Sec".
Mr. Wells, Mag. g. Treasurer. Mr. Clarke, Mag.
Capt. John Mason, Mag. Mr. Howell, chosen
Mr. Webster, Mag. Mr. Cossmore, Magist".
Mr. Woollcott, Mag.
Deputyes : Mr. Trott, Mr. Hull, Mr. Gaylerd, Mr. Steele, Mr. Taylecoate, Mr. Allyn, Mr. Hollister, Mr. Warde, Nath: Dickerson, John Bissell, Andr: Bacon, Edw: Steb- bing, Dauid Willton, John Deming, Will: Beardsly, Tho: Sherratt, Steph: Harte, Tho: Tomson, Tho: Birchard, absent, Nath: Griswold, absent.
This day there were made Freemen of this Jurisdiction,
John Wenthrope Esqr, Mr. Jonathan Brewster, Mr. John Russell, John Pantry, Natha: Cooke.
It is ordered by this Courte that no Forreigner, after the 29th of September next, shall retaile any goods, by themselues, in any place within this Jurissdiction : nor shall any Inhabitant retaile any goods wch belong to any Forreigner, for the space of one whole yeare after the said 29th of September next, vppon penalty of confiscation of the value of the one halfe of the goods so retailed, to bee paid by the seller of them.
The Courte is adiourned till Munday next.
The prsentments of the Grand Jury vnto this Courte are vppon the fyle : wch were fyned by the perticular Courte vppon the 20th of Febr, 1650, as appeares by the Records of that Courte.
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PUBLIC RECORDS
[5] A SESSION OF THE GENERALL COURTE, THE 21th OF MAY, 1650.
Edw: Hopkins Esqr, Gouernor.
John Haynes Esqr, Deputy,
Magistrates : Roger Ludlow Esqr, Mr. Wells, Mr. Web- ster, Mr. Woollcott, Mr. Cullick, Mr. Clarke.
Deputyes : Mr. Taylecoat, Mr. Steele, Mr. Warde, Edw: Stebbing, Mr. Hollister, Andr: Bacon, Nath: Dickerson, Will: Beardssly, Tho: Sherratt, John Dement, Steph: Harte, Tho: Tomson.
This Courte takinge into serious consideracon, the losse of time that the souldgers pressed vppon the last expedition against the Indians, might sustaine by theire depending therevpon, doe allowe to the common souldgers 6s. 8d. a peece, and the ser- geants 10s. a peece.
This Courte graunts execution to Newton against John Cable, according to the judgmt entred the 7th of June, 1649.
This Courte, considering the Returne of Danyell Titterton and John Hurd, about a percell of land lying neare the Towne of Fairefeild, according to theire order from the Generall Courte of Election, in May, 1649, doe graunt vnto the said Towne of Fairefeild the said percell of land to Sagatuck Riuer : provided the said Sagatuck doe not exceed two myles from the bounds of the said Fairefeild.
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