USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 23
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1. Each bushell of Corne of all sorts, or meale yt shall passe out att ye Rivers mouth, shall pay two pence pr bushell :
2. Every hundred of Biskett yt shall in like manner passe out att ye Rivers month, shall pay six pence :
OF CONNECTICUT. 269
3. Each milch cow, and mare of three yeares ould or up- wards, within any of ye Townes or farmes uppon the River, shall pay twelue pence pr annū: during ye foresd tearme :
4. Each hogg or sow yt is killed by any prticuler prson with- in ye lymitts of ye River and the Jurissdiction aforesayd, to bee improved eyther for his owne prticuler use, or to make marketts of, shall in like manner pay twelve pence pr annū:
5. Each hoggshead of Beaver traded out of this Jurissdic- tion, and past by water downe ye River, shall pay twenty shil- lings :
6. Each pound of Beaver traded within ye lymitts of ye River shall pay two pence, onely it is provided yt in case the generall trade with ye Indians* now in agitacon prceed, this tax uppon Beaver, mentioned in this and ye foregoing article, shall fall :
7. The sayd Committie doe, by the power aforesayd, consent and agree to and with ye sayd George Fenwicke Esqr, yt hee ye said George Fenwicke and his heires shall bee free of any imposition or customes yt may heereafter by the Jurissdiction bee imposed att ye Fort.
It is agreed yt the aforesaid payments shall bee made in manner followinge :-
What shall bee due from ye graine that is exported shall bee payd in graine according to the proportion of the severall kindes of graine that doe pass away, att the common current price, neyther attending such prises on ye one hand that the Courte may sett, nor yett on the other hand such as Corne may bee sould att through the necessityes of men ; and in case of [61] any difference,|| then the price shall bee sett by two good men the one to be chosen by Mr. Fenwicke and the other by the Courte : what shall bee due otherwise shall bee paid in Beaver, wampom, barly, wheat or pease, the former considera- tion for the p[rice] to bee herein allso attended ; and it is pro- vided and agreed that a strict order and course shall bee taken in observing what graine is putt aboard any vessell that goeth downe [the] River, from any of the Townes, and due notice be- ing [taken] thereof, every boate or vessell shall bee inioyned to
* See page 113, ante ; Rec. of U. Colonies, in Hazzard's St. Papers, ii. 19.
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take note from some deputed by the Courte in each Towne, what quantityes and kindes of graine are aboard the said ves- sell, and to deliver to Mr. Fenwicke or his assignes att Sea- Brooke, so much as will bee due to him according to the fore- mentioned Agreements. And likewise [for the] other pay- ments due care shall bee taken that [they bee] made att the place aforesaid, in as convenient a way as [may] comfortably bee attended, and yt all indirect courses bee prevented whereby the true meaning of these agreements may bee evaded.
In witness whereof the parties beforementioned have here- unto put theire hands, the day and yeare abouesayd.
Geor: Fenwick
Edward Hopkins, Jo: Haynes, John M[ason,] John Steel, James Boosye.
I have examined and compared this writing with the origin- all and finde it to bee a true Coppy this 4th of March, 1655-56. John Cullick, Secr.
It was afterwards concluded both by the Generall Courte of Connecticutt and Mr. Fenwicke, that in case there should any difference arise touching the Interpretation of any of the within mentioned Agreements, the determination and issuing thereof should bee referred to those who made the sayd Agreements, being best acquainted with theire owne intendments.
It was allso agreed betwixt George Fenwick Esqr and the Committee mentioned, the 11th of Octobr, 1645, in regard there hath not beene a due and full attendance to the said Agree- ments this prsent yeare, by [many,] which in parte arose from the unwillingness in masters of vessells to [stay] allwayes att SeaBrooke for the delivery of the corne due to Mr. [Fenwick,] that the sayd Agreements shall beginn and take place from the [first] of March next, being 1645, to the end and tearme of tenn yeares ; [and] for the preventing of the beforementioned diffi- culty, George Fenwick [Esqr] doth agree & is content to take what corne shall bee due unto [him, att] the Townes of Hart- ford or Wethersfeild. And the sayd Com[mittee doth, in] be- halfe of the Generall Courte, and by vertue of [power commit-
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ted] to them, [agree] and undertake that att any time [within four ]teene days, [after] warning and notice given by [Geo: Fen- wick Esqr, or his assignes, there] shall bee delivered to [any vessell he or they shall appoint, such corne] as is due to him by [vertue of this Agreement, att eyther of the Townes aforesaid. Neverthelesse, it is still provided that the Mar of every vessell [62] carry a note of the quantityes of grayne,] || with the sev- erall kindes thereof, that are laden by any aboard his vessell from such persons as are deputed by the Generall Courte to that service, and deliver it to George Fenwick or his assignes, before they depart from SeaBrooke, under the penalty men- tioned in an order, made by the Generall Courte of Connecti- cott, for preventing of any indirect or collusive proceedings in violation of the sayd Agreement. And whereas severall pen- altyes are by the sayd order to bee inflicted uppon such as shall transgress, or seeke to evade the true meaning of the sayd agreements, It is now agreed and consented to by the afore- sayd Comittie, that the one halfe of that wch is so forfeited by any shall bee and appartayne to the sayd George Fenwick Esq', or his assignes, and the other to such as shall informe .*
E: Hopkins.
I have examined and compared this writing with the origin- all, and finde it to bee a true Coppy, this 4th of March, 1655-56. John Cullick, Secr.
[63]
FEBr: 17: 1646.
It was agreed betwixt Edward Hopkins on ye behalfe of George Fenwick Esqr, and John Cullick, John Tallcott, John Porter and Henry Clark, James Boosie and Samuell Smith, on behalfe of ye Jurissdiction of Connecticutt, that the Agreement formerly made with Mr. Fenwick shall bee altered, and what was to bee receaved by him according to that, reduced to the tearmes heareafter expressed : viz : there shall, yearely for ten yeares payd to Mr. Fenwick or his Assignes, one hundred and eighty pounds pr annum, to bee payd every yeare before ye last of June, as it shall bee required by the Assignes of the sayd G.
* Pages 61 and 62, of the record, are much torn and defaced ; the missing portions have been supplied by reference to the original agreement, preserved in Vol. I of . Towns & Lands,' Doc. No. 3.
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Fenwick, either to such vessells as shall bee appointed, or to such house or houses in Wethersfeild or Hartford as hee shall direct and order, to bee payd } in good wheat att 4s. pr B: } in pease att 3s. pr B: } in Ry or Barly att 3s. pr Bll, and if ry or barly bee not payd, then to pay it in wheat and pease in an equall proportion ; only this present yeare, some Indian corne shall bee accepted, but as little as may bee ; Allso there is to bee receaved by the sayd Geo. Fenwick, what shall bee due from Springfeild for the foresayd tearme of 10 yeares, as allso what else may bee due uppon the Beaver trade, according to the former Agreement with him: Allso, whereas the Towne of SeaBrooke is to pay, in this sum of 180l. for this yeare, 10l., when that Towne increaseth so as they pay a greater propor- tion in other rates, in reference to what these Townes, Wind- sor, Hartford, Wethersfeild and Farmingtowne doe pay, they shall increase theire pay to Mr. Fenwick accordingly : allso, whereas Mattabesuck may hereafter bee planted, they shall pay to Mr. Fenwick in the same proportion they pay other rates, to these Townes : These foure Townes being accounted at one hundred and seaventy pounds.
Edward Hopkins,
John Tallcott, John Cullick, 1
James Boosie.
I haue examined and compared this writing with the originall and finde it to bee a true Coppie, this 4th of March, 1655-56. John Cullick Secr.
[64] A SESSION OF THE GENERALL COURTE IN HARTFORD, THE 7th OF MARCH, 1654-55.
Mr. Wells, Deputy.
Magistrates : Mr. Webster, Mr. Woollcott, Mr. Cullick, Mr. Clarke, Mr. Willis, Mr. Tailecoate,
Deputies : Mr. Steele, Mr. Phelps, Mr. Trott, Mr. Gay- lerd, Mr. Allyn, Mr. Westwood, Mr. Hollister, Edw: Stebbing, John Bissill, Andrew Bacon, Nath: Dicker- son, Steph: Harte, Tho: Coleman, Tho: Whittmore.
Richard Church is freed from watching, warding & training.
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This Courte allowes the souldiers yt went uppon the last ex- pedition to ye Narragansetts, by vertue of the determination of the Comissionrs, as followeth :
To the coñon souldiers, 16d. a day ;
To the Drumers, 20d. a day ;
To the Serieants, 2s. a day ;
To the Ensigne, 2s. 6d. a day ;
To the Leiftenant, 3s. a day ; To the Steward, 2s. a day.
This Courte desires Mr. Wells & Nath: Dickerson, for Weth- ersfield ; Mr. Webster and Mr. Cullick, for Hartford ; Mr. Clarke & Mr. Allyn, for Windsor; Mr. Steele & Steph: Harte, for Farmington ; Thomas Allyn and Robert Webster, for Mid- letowne, to receive, allowe & signe to the Treasurer, such bills of debts from ye Country to any perticular person as shall bee brought in to them in theire severall Townes. And Mr. Web- ster & Mr. Cullick are desired to audite the Treasurers accot for the yeare past.
This Courte hath considered the acknowledged transgression of lawe, about casting Ballast in an inconvenient place, at Weth- ersfield, by William King, Marriner ; uppon severall grounds they doe mitigate the penalty of the said order, and doe adiudge the said King to pay for his transgression aforesaid, 20ss.
This Courte advises that it bee prsented to the Gen: Courte in May next, that it may bee ordered, that notwithstanding the former order wch req: that such goods as are disstreined uppon execution should bee apprized by 3 men, as yt Lawe directs, wch now proves to bee inconvenient & sometimes iniurious to ye creditors, it shall hereafter bee lawfull for ye Marshall to make sale of such goods distreined wthout the apprizemt before specified, as well as hee may, for the good of the debtor, for the same pay that the debtor was to make.
[65] A GENERALL COURTE OF ELECTION [IN ] HARTFORD, THIS 17th OF MAY, 1655.
Mr. Thomas Wells, chosen Govrnor.
Mr. John Webster, Deputy Govrnor.
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Mr. Hopkins, Magistrate ; Maior John Mason, Magis- trate ; Mr. Winthrop, Magistrate. Mr. Woollcott, Mag- istrate. Mr. Cullick, Magistrate &. Sec" ; Mr. Clarke, Magistrate ; Mr. Willis, Magistrate ; Mr. Tailecoate, Magistrate, Treasurer ; Mr. John Cosmore, Magistrate ; Capt. Thomas Topping, Magistrate.
Deputyes : Mr. Steele, Mr. Phelps, Mr. Gayler, Mr. Allyn, John Bissell, Mr. Trott, Nath: Dickerson, Mr. Hollister, John Deming, Mr. Warde, Mr. Hill, Mr. Westwood, Edward Stebbing, Andrew Bacon, Mr. Brewster, absent, Will' Cheessbrooke, absent, Robert Webster, Will' Smith, absent, John Pratt, absent, Phillip Groves, Steph: Harte, absent, John Clarke, Rich: Webb, Nath: Cam- feild, Thomas Fairechild.
The names of those wch were made Freemen of this Juriss- diction, at this Courte, are,-Mr. John Russell Senior, Jacob Gibbs, John Hubberd.
The freemen hath impowered this Generall Courte to chuse Commissionrs for them, for the yeare ensuing.
A letter is to bee sent to East Hampton, in ans: to theires, yt it can bee no advantage, but rather the contrary, to theire devided, shattered condition, not to have dependance uppon or bee under some settled Jurissd: &c. and therefore advise ym so to doe, &c. and to pay wtt is theire just dues to this Comon- wealth.
Math: Camfeild, for Norwaack, & Phillip Groves, for Strat- ford, are confirmed Assistants, according to former order, in May (54.)
Maior John Mason & Capt. John Cullick are chosen Com- missionrs for this Collony for the yeare ensuing, to agitate with the other Collonyes, according to the Articles of Confederation, and Mr. Tailecoate is chosen as a Reserve.
Mr. Govrnor, Mr. Deputy & Mr. Clarke are desired to goe downe to the sea-side to keepe Courte at Fairefeild or Strattford.
Maior Mason, Mr. Cullick & Mr. Tailecoate, are desired to goe to Pequett, as soone as may conveniently sute them and the Towne, to keepe Courte there, and wtt other necessary ser- vice shall appeare.
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This Courte, considering the petition of Capt. John Under- hill, in refference to his seizure of ye Dutch Howse, Hope, & lands ; they doe, in way of answer, returne as followeth : First, yt notwithstanding all yt hath yet appeared to them, they may and doe declare yt till more appeares, they shall meinteine theire owne seizure of ye prmises, according to the end and extent thereof. 2dly, yt they see not cause to warrt his seizure, nei- ther shall they allowe or approve of his sale thereof, to any per- son wttsoever, from this Jurissdiction .*
Concerning Mrs. Styles petition, ye Courte declares yt if the Comittee yt goes to keepe Courte at Strattford and the Towne of Strattford sees cause, they may settle uppon Mrs Styles wtt shee desires.
[66] This Courte considering the sad complaint of Goody Beckwith, of Fairefeild, in referrence to her husbands deserting of her, doe declare yt by wtt evidences hath beene prsented to them of ye manner of her husbands departure and discontinnu- ance, they judge that if the said Goody Beckwith, wife of Thomas, shall uppon her oath testifie to the Magistrates that are shortly to keepe Courte at Strattford, that her husbands de- parture was as others have testified it to bee ; and yt shee hath not heard from him nor of him any wayes since hee deserted her, the said Magistrates may give her a bill of Divorce & sett her free from her said husband.
This Courte considering the appeale of Jonas Wood, of South Hampton, and well weighing the grounds & causes thereof, doe
* In May, 1653, Capt. Underhill was commissioned by the Colony of Providence Plantations, as commander in chief of their land forces, for the prosecution of the war against the Dutch. Under and by virtue of this commission, (and, as he alleges, with the permission of the Gen- eral Court then in session at Hartford,) on the 27th and 28th of June, 1653, Capt. Underhill seized the Dutch Fort, "The House the Hope," at Hartford, with the lands adjacent. In April, 1654, [page 254, ante,] the General Court ordered the Dutch house, with the lands &c. thereunto belonging, to be sequestered and reserved in the behalf of the Cominonwealth of England, " all particular claims or pretended rights thereunto notwithstanding," "till a true trial may be had of the premises," and in the mean time prohibited all persons from improving the premises by virtue of any title other than should be given them by the Court.
In the petition now presented to the Court, (a certified copy of which is preserved in Vol. I of " Towns & Lands," Doc. No. 81.) Capt Underhill asks permission to sell and convey the prop- erty he had seized two years before,-pleading his past services to the Colonies, his straitened circumstances, and the justice of his claim. Notwithstanding the refusal of the Court to grant the prayer of the petition, Capt. U. proceeded to effect a sale, and on the 18th of July following, executed a deed of the premises to Wm. Gibbins & Richard Lord. [Towns & Lands, I. 82.]
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judge and declare, that as things have appeared to them they cannott but justifie the said Woods appeale against John Cooper, and doe judge that Cooper hath vnjustly molested, troubled, greived, and dissparaged the said Wood, in a speciall manner in and about his telling Wood that hee lyed against his knowledge and concience, wch charge of his hath evidently ap- peared to this Courte to bee alltogether groundless aud scanda- lous. The prmises being considered, they doe adiudge the said John Cooper to pay as followeth :
Im: To Wood, for his charge uppon the first Jury, and all other charges for his owne defence and clearing, at the severall other Courtes at South Hampton, wherein hee was defendt, and all other charges of evidences, wittnesses and otherwise, in order to his appeale to this Courte, ye sum of thirty pounds,
£30.0.0. 2dly To Wood, for slaundering of him, as aforesaid, 05. 0. 0. 3dly To the Country, in pt of theire charge in attendance uppon ye aforesaid appeals, 05. 0. 0.
40. 0. 0.
It being the true intent & meaning of this Courte, notwith- standing the prmises, that John Cooper should pay all the char- ges of the two last prticular Courts at South Hampton and of the Generall Court there, over and above the aforesaid sum of forty pound, that is, so farr as Cooper as plantiff procured ye charge for himselfe or for the maintenance of his cause against. Wood; but so farr as Wood procured any charge for his owne defence & clearing, Wood is to pay out of the aforesaid sum of 301.
If John Cooper shall not satisfie & discharge to Jonas Wood the judgemt of this Court, viz: the sum of 35l. betweene this & the first of July next, then Wood may proceed to execution. The Secr. is ordered to deliver execution to Jonas Wood accordingly.
This Courte allowes Cornelius Hull, out of the publique Treasury, for his charge and expence in coming up hither to give in testimonie concerning Baxster, 20ss.
John Elderkin, of Pequett, being prsented to this Court as chosen by ye Towne of Pequett to keepe an ordinary, accord-
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ing to order of Courte, wch hee hath accepted of to attend after 29 Sept: next, the Court confirmes him in that place.
[67] This Courte allowes the keeper of the prison, for his yearly s[alary ] 12l. & for delinquents 6s. 8d. ahead.
It is ordered, that the Towne of Norwack shall possess & inioy all ye land wch they purchased of the Indians, not of right belonging to the plantation of Fairefeild.
This Court orders, that in the intervalls of Generall Courts, ye Magistrates shall have power to appointe publique dayes of Thanksgiving & Humiliation, in this Jurissdiction, as they shall judge meete.
It is ordered by this Courte, with the approbation of ye Depu- tyes from the seaside, viz: Fairefeild, Strattford & Norwacke, that the whole charge of all such Courts as are kept in any of the aforesaid Townes, wherein none are questioned for ye breach of some capitall lawes, shall bee borne by those said Townes, and that all the charge of such Courtes in any of the aforesaid Townes as shall have some charged in them for the breach of any capitall law as aforesaid, shall bee borne one halfe by the said Townes, & the other halfe by the Country.
Whereas, it doth evidently appeare to this Courte that the Secretary thereof, for some yeares past, hath not had sutable recompence for his great paines in the service of his place, by the former provision or allowance they have made in consider- ation thereof; It is ordered by this Courte, that the Secr shall have 18d. for every action entred by the taking out of any war- rant respecting the same, either from himselfe or any other Ma- gistrate, under the sum of forty shillings, and 6d. for every war- rant : And for every action, as before, above ye sum of forty shillings, the Secr shall have 2s .; And that if any Magistrate graunts a warrant respecting any action, they shall bee paid for every warrant, six pence: and they shall take the Secretary's fees of such persons as they graunte theire warrants to, and at every Courte, make due payment thereof to him :
It is allso further ordered, that the Secr shall have for every Attachement or Replevin, bond and action belonging thereun- to,* 5s. ; for every Execution under fifty shillings, 2s. 6d., and every Execution above fifty shillings, 5s .; for every Will or In-
* [In margin ;] " and for coppies of them, halfe so much."
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ventory or both, under 50l., 3s. 4d .; & for every under a hun- dred pound, five shillings ; and for every one above a 100l., 6s. 8d. And for the Orders of common concernment in each ses- sion of the Generall Court published, 2s. from each Towne where they are published ; & what writing perticuler Townes or persons makes ye Secr, at any Generall Courte or session thereof, they shall pay and allowe, wthout any delay, good re- compence & satisfaction to his reasonable content. For every Recognisc: entring in Courte, uppon the entry thereof 2s.
The Courte is adiourned to the 1 Wednesday in July next.
[68] A GENERALL COURT IN HARTFORD, THE 4th OF OCTOBr, 1655.
Mr. Wells, Govrnor.
Mr. Webster, Deputy.
Magistrates : Mr. Cullick, Mr. Clarke, Mr. Willis, Mr. Tailecoate.
Deputyes : Mr. Fitch, Mr. Allen, Mr. Trott, Mr. Hull, Mr. Steele, absent, Mr. Woolcott, Mr. Westwood, Mr. Hill, absent, David Willton, Edward Stebbing, John Bissell, Andrew Bacon, Nath: Dickerson, Sam: Smith, Tho: Coleman, John Brunson, William Smith, Phillip Grove, Thomas Fairechilde.
Bartho: Barnard, of Hartford, is fyned 5s. for not returning the warrants seasonably for Deputyes, according to order.
The Widdow Gibbs her forfeiture of 4l. as by record of Courte, in Sept. (54) is by this Courte remitted to one halfe, yt is to say, that shee shall pay but 40ss. wch*
Richard Lettin, being called 3 times to appeare at this Courte in answer to his Recognisc: and not answering thereunto, hath forfeited his Recognisc: of 201.
George Phillips, by reason of severall weakenesses that attend him, is freed by this Courte from Training during his aforesaid weakeness.
The Comissionrs of Strattford & Fairefeild are fyned 40s. a
* The original is thus incomplete.
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peece, for theire neglect of meeting according to order, for the perfecting the Lists.
Sea-Brooke is fyned forty shillings, for not sending ye Lists of theire estates to the Courte.
Norwacke is fyned in like manner, for ye same defect, 40ss.
The Lists of the persons and estates in ye severall Townes within this Jurisdiction:
Persons. Estates: £.
Persons. Estates: f.
Hartford, 176.
19525. Sea-Brooke,
Windsor, 152. 15595.
Norrwake,
Wethersfeild, 102. 12404. Strattford, 65. 8165. 10s.
Farmington, 52. 5910. Fairefeild, 90. 9255. 18
Midletowne, 32. 2315.
Pequett.
The last Wednesday in this month is appointed by this Courte to bee solemly observed a day of publique Thankesgiv- ing to ye Lord (for renewed mercyes,) by all the Plantations in this Jurissdiction.
This Courte adiudges yt Wm. Lewis as Attorny to John Cogg[ ] shall pay unto James Wakely thirty shillings for his charges, damages & uniust molestations hee has sustained, by reason of his Attornyshipp to Stephen Day, of Cambridge .* [69] This Courte graunts a penny in the pound, to bee levied to de[fray the] Country charges & debts, wch is to bee paid three fourths in wheat and pease and one in Indian.
This Courte orders that Danniell Porter shall bee allowed and paid out of the publique Treasury, as a sallery for the next ensuing yeare, the sum of six pounds, and six shillings a journy to each Towne uppon the River, to exercise his arte of Chiur- gerie.
The Courte is adiourned to ye last Wednesday in March next.
MARCH 26, 1656.
Deputyes : Mr. Fitch, Mr. Allyn, Mr. Woollcott, Mr. Trott, Mr. Westwood, Edw: Stebbing, Capt: Willton, Nath: Dickerson, Andr: Bacon, Tho: Coleman, John Bissell, Sam: Bissell, Rob: Webster.
* [In margin: ] " John Cullick dissents from the Court in this Act of theires : John Cullick."
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It is ordered by the Courte, that Mr. Wollcott shall assist Mr. Clarke in attending the deffects about trainings in the Towne of Wyndsor, in such cases as 2 Magistrates have power to ishue.
This Courte doth graunt the request of Good: Wadsworth, Good: Lewis, Good: Wilterton, Good: Seager, in freeing them from training & watching.
Capt. Jno: Cullick this day promising to deliver into the Courte the originall agreements betweene Mr. Fenwick & this Collony for what they purchased of him, which being done, this Courte doth order that this Committee now chosen shall give Capt. Cullick a trve coppy of them vnder their hands, which shall be att all times full and good in law to all intents & pur- poses as the originall writings, which writings shall be sealed with the seale of the Collony.
The names of the Committe now chosen to subscribe ye aforesd coppys are, Mr. Welles, Mr. Webster, Major Mason, Mr. Tallcott, Mr. Steele, Mr. Westwood, Mr. Woolcott, Sam: Smith.
Mr. Webster, Mr. Tailcott, Mr. Fitch, Mr. Woolcott, and Sam: Smith are chosen to as a Committe for to take in 'the Accots from ye Capt. concerning the monies pd for their pur- chase of Mr. Fenwick.
The Courte is adjourned to this day fortnight, if the Governor sees cause yn to call it.
[70] A GENERALL COURTE OF ELECTION IN HARTFORD, 15 MAY, 1656.
Magistrates elected :
Mr. Webster Esqr, Governor.
Mr. Welles Esqr, Dept. Governor.
Mr. Hopkins Esqr, Magist., Mr. John Winthrope Esqr, Major John Mason, Magistrate, Mr. John Cullick, Magist : &. Sec"., Mr. John Clarke, Magistrate, Mr. Willis, Magistrate, Mr. Tallcott, Magistrate §. Treasu- rer, Capt. Topping & Mr. Ogden, Magist.
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