USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 27
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This Court approueing the pious care of the Towne of Fair- feild, in procureing help for Mr. Joanes by his owne consent therevnto, as far as appeares by a papr prsented by their Dep- uties to ye Court, doe order, that according to their desires the foresaid paper be kept amongst the Court papers, and desire the Towne not any way therevpon to depriue yeir Reund ancient Pastor, Mr. Joanes, in sicknes or health, of his comfortable maintenance.
This Court orders yt out of the sum imposed vpon the Indians of Southampton, to pay for the loss yt was there susteined by fire, there shalbe the sum of 30l. pr Anñ. for the four first [97] yeares, || and fourty pounds pr Anñ. for the two last yeares abated. The total abatement amounts to 200l. Os. 0d.
Its ordered, that Mr. Cosmore, Mr. Ogden, Capt. Tappin and Goodman Clarke, shal make distribution of that paymt that the Indians make, to them that haue suffrd loss by fire ; only Mr. Fordom is excempted from any part of this pay for the losse of
* See a letter to Easthampton, written some months previous to this session of the General Court, in Appendix, No. V.
OF CONNECTICUT. 317
his owne house and goods therein conteyned : provided, that before distribution be made, the charges that the Countrey hath bin at in yr exhibited* to ye Island shalbe first defrayed.
John Griffin, now returneing from Pocumtacot, was made free, by consent of the Court.
Robert Allyn and John Gager are released fro their fine for not attending ordinary Town training.
The Court is adiourned til the 3d Wednesday in August.
Mr. Samuel Stone, Teacher at Hartford, prsenting vnto the Gen: Court, Mrch 25, '58, a petition wth certayne prpositions, it was vppon his request ordered to be recorded :--
My humble request is that the Questions here prsented may be sillogistically reasoned before this honord Court. I hope that some of or withdrawen Brethren, or some other whom they shal prvide, wil reason with me, face to face :
Quæs. 1. The former Councel at Hartford June, 56, is vt- terly cancild and of no force.
2. There is no violation of the last agreemt (made when the Reuerend Elders of Massachusets were here,) either by the Ch: of Christ at Hartford or their Teacher.
3. The withdrawen Brethren haue offred great violence to ye formentioned agreement.
4. The withdrawen Brethren are members of the Ch: of Christ at Hartford.
5. Their withdraweing from the Ch: is a sin exceding scan- dalous & dreadful and of its owne nature destructiue to this and other Churches.
6. The controversy between the Ch: of Christ at Hartford and the withdrawen prsons is not in the hands of the Churches to be determined by them.
Sam: Stone.
[98] AT A SESSION OF THE GEN: COURT AT HARTFORD, AUGS 18, 1658.
Thom: Wels Esqr, Gou:
Esqr Winthrop, Depu:
Magestrates : Mr. John Webster, Maior Mason, Mr. Willys, Mr. Tailcot, Mr. Phelps, Mr. Treat, Mr. Allyn, Dan: Clark, Secret:
* An error of the Recorder. The word was probably expedition.
28*
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Deputies : Mr. Steel, Capt. Lord, Deaco Gaylrd, W. Wadsworth, Jo: Bissel Senr, Jos: Mygatt, Rich: Butler, Edw: Griswold, L: Hollister, Jo: Demāt, Sam: Wells, Sam: Boreman, Antho: Howkins, Jo: Clark, Robt Chap- mā, Robt Webstr, Math: Camfeild.
In reference to a complaynt made by Georg Graues, Georg Stocken, Nath: Willet, Nath: Berdin, contr: Mr. Webster, Capt. Cullick, Mr. Goodwin, Andrew Bacon, in ye name of the rest of ye withdrawers at Hartford, consisting of several prticulers, prsented the last session to ye consideration of this Court, This Court sees cause to defer the consideration of the complt vnto the Court in Octobr, and haue ordered that then it shalbe at- tended ; in ye meane time, to procure what light and help they can in the case.
This Court appoynted Esqr Winthrop, Major Mason, Mr. Talcot, Mr. Steel, as a Comittee to treat with Capt. Cullick about the purchase of the Riuer, and to prpound that in case Capt. Cullick will allow to ye Countrey 500l. and demand noth- ing from Seabrook nor Middletown, and returne such security to ye Countrey as he can or as in his power, that then there shalbe acquittances granted, each to other.
The Comittee is to make report to morrow, wt the result of ye Treaty is.
19 Day. The Comittee returned answer to ye Court, that Capt. Cullick is willing to quit acco wth the Countrey, and if ye arrears yet due to him amount not to 300l. he wil make it vp 300l. Mr. Talcot sayth 2507.
This Court orders, that notice shalbe giuen to ye Indians liueing at Farmington, that in regard of their hostile pursuits, contrary to former ordr of Court, and considering their enter- taynmt of strang Indians, contrary to their agreemt wth ye English when they sate downe at Farmington, whence ensues danger to ye English by Bullets shot into the Towne in their skirmishes, That they shal speedily prvide another place for their habitation and desert that place wherin they are now [99] garrisoned. || And what Indians refuse to attend this order shalbe returned to ye Courte in October next. Further, it is required by the Court that Farmington Indians shal forth-
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OF CONNECTICUT,
with send away al such strangers as haue not bin knowne inhab- itants in that place, according to forementioned agreemt.
Mr. Steel, L: Lewis, Ensigne Steel, Thom: Judd, are desired to comunicate the mind of the Court to ye Indians.
Daniel Clark was sworne, according to ye forme of the Secretaries Oath approued by this Court and ordered to be recorded.
A Petition from several of the inhabitants of Wethersfeild* was prsented to this Court and vpon prvsall of the same the Court returned this answer :-
In regard of a complaynt, in the Petition, of a scandalous oath taken by Mr. Russel, whereby the inhabitants seem afrayd to adventure themselues vndr his ministery, the Court hath considered the nature of the Oath and ye witnesses, and tho there are diuers apprhensions of it, yet to ye purpose of the allegation to wch Mr. Russel testified, the oath was ambiguous : but that it should be strayned to such a height as in the Peti- tion is declared, this Court judgeth it not meet, and in that re- spect the Petitioners blameable, and that he is not hereby ren- dred so scandalous as not fit to administer in his office. Yet notwithstanding, they iudg that Mr. Russel should speak more playnly for ye future, to ye capacity of the hearers, espetially in way of testimony ; and yt the Petitioners should carefully avoid all vnnecessary strayneing of words or expressions (yt are in
* This Petition (in " Ecclesiastical" Papers, Vol. i. No. 1,) is signed by John Holister, Thomas Wright Sen., John Deniminge Sen., John Edwards Sen., and Richd Smith Sen., and five females, all members of Mr. Russell's church, together with thirty nine others, inhabitants of Windsor. After referring to an order of the Courtp assed in March 1657-8 (see page 311, ante,) that no ministry or church should be entertained or attended by the inhabitants of any plantation, ' dis- tinct and seperate from and in opposition to that which is openly and publicly observed and dispensed by the settled and approved Minister of the place,' the petitioners declare that they cannot regard Mr. Russell as their settled and approved Minister,-first, because, in the prece- ding spring, he had sent them a writing to provide for themselves,-whereby they consider them- selves freed from their former obligations to him: these obligations they profess themselves unwilling to renew, since they " are afrayed to venture [their] soules vnder his ministry." They further represent that he had brought great scandal on the church, by "a greivous oath, ac- knowledged by himselfe to bee ambiguous, rash and sinfull,-and what more may be made evi- dent." They ask the Gen. Court, that they may not be held in bondage, but may " use their liberty" in procuring another minister " faithfull in the administrations of the Gospell and inof- fenciue in his conversation."
For a further account of the dissensions in the Church at Wethersfield, having a similar ori- gin, and intimately connected, with the troubles of the Hartford church, see Trumbull's Hist. of Conn. i. chap. xiii.
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yeir nature dubious) to such a perticuler sense as may occasion trouble.
To ye busines of their liberty, wch the Petitioners think Mr. Russels graunt and their acceptance hath stated them vnder, the Court judgeth, that they had reason to desire help and ad- vice in this case. And it is conceaued that vnles there be some due meanes attended for ye healing of their differenc, that ye fire wilbe more kindled by their address hither, the paper that was sent in to ye Towne by Mr. Russel being of an ambiguous nature, subiect to various interprtations, and therefore should be explayned and retracted by Mr. Russel. And the Court ad- viseth each party, that they walk louingly together, without disturbeing carriage each to other.
In reference to ye differenc twixt the Church at Hartfrd and the withdrawers, it was ordered, that the ensueing prticulers should be prsented to each party, as ye mind and desire of ye Court :-
[100] 1. It is conceaued that they should obserue and at- tend that rule of Christ, Acts, 15, To debate and dispute their differenc amongst themselues, in the first place.
2. That the Questions in controuersy should be playnly sta- ted and gathered out of their papers, before they debate as that text holds forth.
3. In case this doth not take nor be embraced, that then each party should chuse three Elders, able and as indifferent as times wil afford, before whom (the Quæst. beinge beforehand playnly stated,) the case in difference shal be publiquely disputed, who shal lend what light and help they can, to ye issueing the con- trouersy according to God, vnto wch both parties shall peacea- bly subiect themselues.
4. And in case either the Church or withdrawers refuse to chuse, then the Court to chuse instead of that part yt discents, leaueing liberty to ye other part to make choyce for themselues such able and indifferent men as they can agree vpon to be in- strumental in issueing these sad differences, by hearing the dis- pute as before and passing determination thereon. And if either part be dissatisfied wth the determinations of the persons yt are soe chosen, that then there may be liberty for the dissatisfied
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OF CONNECTICUT.
party to obiect, that soe the determination may be vindicated and confirmed by scripture and reason.
These being prpounded the withdrawers were willing to chuse, as in 3d Proposit: The Church at Hartford refused. Soe, in issue, the Court on the one part chose Mr. Cobbit, Mr. Michil, Mr. Danforth, and for a Reserue, Mr. Browne ; and Mr. Street for a reserue to ym yt ye withdrawers chose, who were Mr. Dauenport, Mr. Norton, Mr. Fitch.
The seueral Elders forementioned, chosen to assist in the dif- ferences at Hartford, are requested to come vp to Hartford by the 17th of September, to assist in that seruice.
Its ordered, that Lrs of request shalbe sent from the Court and both parties, to ye several Elders and yr Churches, for to effect the same.
Mr. Allyn, Mr. Phelpes, Mr. Henry Clark and the Secretary, are appoynted to write and indite the sayd Lrs, in behalfe of the Court, and to send them.
Mr. John Allyn, Edward Stebbing, Nath: Ward, John Ber- nard, are appoynted to take in the account of the charge re- specting al ye Elders attending the last Council, and the man [101] yt was maimed, and to distribute it by way || of rate vpon both parties, viz : the church at Hartf: aud ye withdrawers.
In regard that the Court apprhends yt the order concerne- ing the stateing and draweing forth of the Questions in contro- uersy twixt the Church at Hartford and the withdrawers, hath not bene fully attended, it is therfore ordered, that twixt this and the St of September next, each party shal attend the fore- sayd order, in draweing forth and playnly stateing al such Questions as they desire to haue debated before the Council. And in case they attend not to deliver the sayd Questions or Positions each to other, before that day appoynted, whateuer is neglected to be prsented as aforesayd shal not be attended by the Council ; and it is also required that each party doe playnly declare what it is that they wil mainteine in their Questions, either negatiuely or affirmatiuely, as matter of offence. And in case there be no more Questions delivered in by that time ap- poynted, then ye questions already prsented shal stand as that wch the Council is to attend. And both parties are to send in
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a coppy of their Questions or positions to ye Secretary of ye Court.
According to ye desire of Jasper Varleet, manifested to Mr. Gouernr and Mr. Allyn, in reference to Isbrand Goodheart, It is ordered by this Court, That Isbrand Goodheart, now in durance, shalbe returned vnto Jasper Varleet, to be at his dispose, to im- proue him for his vse, vntil the remainder of that debt for wch he is now in durance be satisfied,-Provided the sayd Varleet make not sale of the sayd Isbrand to any forreigne Inhabitants or Pagans. And the sayd Jasper is to returne both Isbrand and an account of the debt vnto the next Court.
This Court is adiourned vntil Munday next, 23 Augst.
Augst 23. This Court, haueing considered the Order about landing Rum and Barbados liquors, doe now impose the forfeit- ure specified in the sayd order, only vppon draweing out and selling the sayd liquors.
This Court orders that the several Townes where any part of the estates either of Edw: Hopkins Esqr deceasd, or George Fenwick Esqr deceased, be knowne to remayne, shal speedily take an Inventory of the sayd estate and prsent it, vndr the hands of those yt order the prudentials of the Towne, to ye Court in Octobr next.
Its ordered, that the several Constables in the Planta[tions] vpon the Riuer, that haue had to doe in gathering in and deliv- ering the paymt for ye purchase of the Riuer, shal bring in their receipts respecting the sayd paymt, vnto ye Court in October next, if it be not done already.
In reference vnto a General Muster, This Court leaues it vnto the Maior to appoynt the time for calling the companies togeth- [102] er this year, as he iudgeth most sutable, || for time and place. And the three prticuler training dayes, that are by order and custome to be attended for this latter part of the year, in the Plantations yt doe assemble at the General meeting, are remitted, and are to issue in the General Muster wch is to be attended for two dayes space. And its also required, that noe souldier that attends the service aforesayd shal deminish any of that prportion of powder that ye Order of the Countrey impo- seth on him for his store.
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OF CONNECTICUT.
This Court Orders, vpon the request of Mr. Allyn, that the case respecting [him] and Mrs. Alcot shalbe attended in the Court in October, and that sumons shalbe granted by the Sec- retary, for yt purpose.
On Wednesday, the 8t of September, is appoynted a solemne humiliation, in al the Plantations in this Collony, to implore the fauour of God towards his people, in regard of the intemperate season, thin harvest, sore visitation by sicknes in several Plan- tations, and the sad prolonged differences yt yet remaine vnre- conciled in Chs: and Plantations; and that God would succeed such meanes as are appoynted to be attended for the healing of the foresayd differences.
Mr. Mathew Allyn is appoynted by the Court, to stand as a Comittee wth Mr. Henry Clark, of Windsor, to act in the dis- posing of lands at Mussawco, according to former order of Court.
AT A SESSION OF THE GEN !: COURT AT HARTF: OCTOBr 7, 1658. Thomas Wells Esqr, Gour.
Magestrates : Mr. Webster, Maior Mason, Mr. Willis, Mr. Tailcot, Mr. Phelps, Mr. Treat, Mr. Allyn.
Secretary ; Daniel Clark.
Deputies : Mr. Steel, Capt. Lord, Deaco Gaylard, Will: Wadsworth, Joseph Migat, Rich: Butler, John Bissel Senr, Edw: Griswold, Lieut Hollister, Mr. Sam: Wells, Jo: Demant, Samll Boreman, Mr. Brewster, Goodm: Morgan, Mr. Ward, Mr. Hill, Thom: Fairchild, Joseph Judson, Nath: Richards, Waltr Hoyt, Goodm: Judd, Robt: Webster, Georg Graues, Jo: Clark, Robt Chapman.
It is ordered by this Court, yt al the receipts respecting the several rates payd for the purchase of ye Riuer, prsented vnto the Court, shalbe recorded by the Secretary into ye Countrey's booke of Records.
Vpon the motion of Mr. Ward, respecting the estates of prsons deceased, at Fairfeild, This Court doth appoynt Mr. Ward, Mr. Hill, with the Townesmen of Fairefeild, to assist Mr. John Wells and Assistant Campfeild in proueing Wills and takeing in Inventories, and distributeing estates of prsons yt
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PUBLIC RECORDS
dyed intestate, and to appoynt administrators; and in case any are vnsatisfied wth their determinations herin, they haue liberty to make their address to ye next Session of this Court. This ordr respects Stratford, Fairfeild and Norwalke.
The list of the Persons and Estates wthin this Jurisdiction, prsented to this Court :-
£
Hartford,
Persons, 187. Estat, 20547.
[103]
Windsor,
Persons, 160.
Estat, 16209.
Wethersfeild,
Prsons & Estate, 12397.
Fairfeild,
Prsons & Estate,
10509. 13s.
Stratford,
Prsons & Estates,
8646.
Norwalk,
Prsons & Estate, 3297.
Middle Towne,
Prsons & Estate, 2326.
Farmington,
Prsons & Estate, 5761.
New London, Prsons & Estates,
5793. 4s.
This Court graunts a Rate of a penny pr pound to be levied vppon the estate of this Collony.
This Court haueing considered the former ordr about Qua- kers and such like Heretiques, doe now see cause to leaue it vnto ye discretion of the Magestrates or Assistants, within this Jurisdiction, where any such prsons shalbe found fomenting their wicked Tenets and shalbe legally convicted to be dis- turbeing to ye publique peace, to punish the sayd Heretiques by fine or banishment or corporeal punishmt as they iudge meete. And the same to be inflicted vppon any prson or prsons that shalbe instrumental to bring any such prsons, viz: Heretiques, by sea or land, into any Plantation in this Collony, Prvided the fine for a prticuler default exceed not the sum of ten pounds.
It is ordered by this Court, that in case there fal out any sud- den exigent, in any Plantation in this Collony, by assault of In- dians or any other Enemy, to ye disturbance and hazzard of the Publique weale, that then it shalbe in the power of the prsent Milletary officers belonging to ye place soe disturbed, to require and cal forth the souldiers that are belonging to their comand in yt place, to marshal them and order and dispose them as need and prsent occasions shall require to defend the place assaulted and to quit the enemy ; and in case need re- quire, to assist a neighbour Plantation in any extremity as
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OF CONNECTICUT.
aforesayd, that then the miletary officers shal advise wth such Magestrate or Magestrates or Assistants as may conveniently be obteined, what way to act for releif of their neighbouring freinds. And this course to be attended vpon all such occa- sions vntil the Court shal take further order.
This Court is adiourned vntil the next Wednesday aftr the prticuler Court in March.
The Magestrates appoynted the first Wednesday in Nouembr a publique Thanksgiueing, for England's late victories and prservation, and for the mercy of God to vs, in or continued peace and the abatement of the sore sicknes wherewith many Plantations were visited in this and other Collonies.
[104] THE SEVERAL RECEIPTS RESPECTING THE PAYMES FOR Ye PURCHASE OF SEABROOK FORT ETC.
1647 I doe acknowledge hereby to haue receaued of the Windsor. Constables of Windsor, for ye year 1647, vpon the composition wth Mr. Fenwick, the sum of thirty seauen pounds fiue shilling and seauen penc, I say recd. for ye vse aforesayd, 37l. 5s. 7d.
04. 19. 6.
6th Feb: 1647. 42. 5. 1. Ed: Hopkins.
Recd more, of Aaron Cook, 0. 17. 0. Jnº. Bissel, 1. 00. 0.
11} Bush's wheat, 2. 06. 0. 4 Bush: pease, 0. 12. 0. Jno. Tinkrs Farm, 0. 04. 6.
4. 19. 6. 4. 19. 6. 37. 5. 7.
42. 5. 1.
3d MARCH, 1655.
1655 Received of Bartholomew Bernard and Will' Par- Hartford. trigge, Constables for ye Towne of Hartford, in ye yeare (55) the sume of Sixty pounds fiue shil- lings, for ye vse of George Fenwick Esqr, vpon ye Agreemt about ye Fort at Seabrook, I say recd the day and yeare aboue-
29
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PUBLIC RECORDS
said, in part of what is payable to him by the Townes vpon the Riuer for ye yeare past, 601. 05s. 00d.
John Cullick.
1654 Recd of Samll Smith and Jnº Demming, Consta- Wethersfld. bles in Wethersfeild, in ye year 1654, the sum of Twenty one pound eight shillings six pence, wch was payd in April (54.) And Recd of ym in Corne in April (55) the sum of Twenty eight pounds one shilling and sixpence, both wch payments are made in reference to their prportion in Weth- ersfeild for ye composition for the Fort, and for the aforsaid yeare of their Constableship; both wch paymts aforesaid were not made neither for time nor kind according to the Countreyes agreemt wth Geo: Fenwick Esqr. Witness my hand this seau- enth Feb: 1655.
John Cullick.
1654 Recd of John Standley, of Farmington, last spring Farm: twelue month, Thirteen pounds, seauenteen shillings, and last suñer, one pound eight shillings, wch he payd vpon the acco. of the Fort Rate for Farmington, in the year of his Constableship there, wch was 1654. Witness my hand, this 30th Nouembr, 1655.
John Cullick.
1656 Recd by me, John Cullick of Hartford, of Jona-
Windsor. than Gillet and Abraham Randal, Constables in Windsor, in ye year 1656, the sum of Twenty six pounds, fifteen shillings and sixpence, part of it being paid to John Bernard for my vse in ye year of their Constableship, and the rest the day of the date of these prnts, wch aforesayd sum is in part of payment of their Townes prportion, in the afore- [105] said year of their Constableship, for ye Composition wth George Fenwick Esqr, in reference to ye Fort at Seabrook, I say Recd this 25th day of June, 1658, the sū of 26l. 15s. 06d. John Cullick.
Hartford, Recd of Richard Goodman and John Bayly, Con- 1656-57. stables in Hartford, the sum of Sixty pounds fiue shillings, being for that Townes prportion in the yeare of their Constableship, of the composition wth George Fenwick Esqr, about the Forte, I say Recd as aboue this 16th of March, 1656-57, Witness my hand.
John Cullick.
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OF CONNECTICUT.
Hartford, 28th Feb. 1654. Recd of Will: Lewis and Gregory Wilter- ton the sum of Sixty pounds fiue shillings, wch is for Hartfords prportion (for the yeare of their Constableship,) of the Composition made between this Jurisdiction and George Fenwick Esqr, in reference to Sea- brook Fort, I say Recd of them, 60d. 5s. 0.
John Cullick.
1652 Whereas the Constable of Farmington, in the year Farm: 1652, did pay vnto me vppon the acco: of the Com- position for ye Fort at Seabrook betwixt Georg Fen- wick Esqr and ye Colony of Conecticut, the sum of Fourteen pounds sixteen shillings and eight pence, and John Brunson, of Farmington, doth now promis to pay the remainder (next March,) wch is eight shillings and fourpence ; the said John Brunson alsoe affirming that I gaue him no receipt for the same, I doe hereby declare that I owne the receipt of so much vpon the Accot aforesaid, provided no former receipt come in to my priudice for the same, and John Brunson aforesayd saue me harmles therefrom. Witness my hand, this 27th day of Sep- tembr, 1658.
John Cullick.
1657. Recd of John Root, of Farmington, 14th April, 1657, according to the warrant granted for the gathering of the Rate respecting the purchase of the Fort, The sum of Fif- teen pounds fiue shillings.
John Cullick.
Recd of John Coal, Constable for this year in Farmington, the sum of Fifteen pounds fiue shillings, wch is for that Townes prportion in the year of his Constableship, of the composition for the forte, I say receaued this 30th of November, 15: 05s. 00d. John Cullick.
[106]
CONNECTICUT. For severall good considerations moueing herevnto, It is now ordered and enacted by the General Court of Conecticut, this instant October, the seaventh, sixteen hundred and sixty.
1. That Capt. John Cullick, in behalf of his now wife and her children, shal from henceforth haue ful and free libertie to pos- sess and improue the estate of George Fenwick Esqr, lying in
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PUBLIC RECORDS
this Collony, according to ye true intent and meaninge of ye last Will and Testamt of George Fenwick Esqr, as alsoe this Court graunts vnto the said Capt. John Cullick full power of administring to ye foresaid estate in behalf himself, his wife and hr children, as legattees to ye foresaid estate.
2. That Capt. John Cullick and his heires, from henceforth, are fully discharged and released from his engagement made in Court, respecting eight hundred pounds estate.
3. The Generall Court doe for themselues and their success- ors hereby fully remit, release and quit claime all their right and intrest to, and further and future demands respecting a legacy of five hundred pounds, specified in ye last will of George Fen- wick Esqr.
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