USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 28
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4. The Generall Court doth hereby, for themselues and their successors, fully and foreuer discharge and secure the said Capt. John Cullick, his now wife, and her children and successors, from all demands and further and future troubles and molesta- tions by any, from, by and vnder vs, both respecting the Legacy forementioned, and respecting moneyes expended by ye Colony or prticuler Townes therein, in referenc to ye purchase of ye Riuer, and acquittances giuen for ye said moneyes.
5. And further, this Court doth hereby declare, that Capt. Cullick, his wife and their children and successors, shal from henceforth and for future, be wholly freed from all trouble by sutes of law by any from, by and vnder vs, in reference to ye agreement respecting ye purchase of ye Riuer.
The forementioned graunts are confirmed by the Gen11 Court, vnto Capt. John Cullick, his now wife and her children and successors, vpon consideration of five hundred pounds, to be paid by him vnto this Court or their order, and acquittances giuen for moneyes paid and other discharges, more largely spe- cified in specialties giuen by the said Capt. Cullick vnto this Court.
The true intent and meaning of ye fift perticuler grant of ye Court is, that Capt. John Cullick & his wife and heires are freed from all trouble and molestation soe far and noe further then ye estate bequeathed to them had or hath any reference to ye agreement made between Georg Fenwick Esqr and this Genrll Court.
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In confirmation of ye prmises & by order of ye Gen: Court, I have caused the seale of ye Coll: to be herevnto affixed as aboue appeareth on ye mar- gent. Jo: Winthrop, Gour.
Enacted by the Gen: Court and by their order subscribed, pr. Dan: Clark, Secretary to ye Collony of Conect- icutt.
This writing is a true Coppy of an Orignll d'd pr ye Gen1l Court, to Capt. Jnº. Cullick, transcribed pr Dan1] Clark, Secry.
[107] A discharg from Capt. John Cullick and his wife, to ye Genll Court of Conecticut .*
These pats testifie to all to whom they may be of concern- ment, that we, John and Elizabeth Cullick, of Boston, in New England, vppon good consideration moueing vs hereunto, doe, for our selues and heires and ye legatees to ye estate of Georg Fenwick Esqr, lying or situate in New England, hereby fully and freely and for euer acquit and discharg the Colony of Con- ecticut, with ye Generall Court and all and every Plantation therein, from all sum or sums of money already paid or any way payable vnto Georg Fenwick Esqr, or his assignes by vir- tue of an Agreemt and purchase made of ye Riuer ; And doe hereby fully discharge and acquit and secure the said Court and all those Plantations that were concerned in ye said purchase, from all future demands, troubles or molestations by any from, by or vndr vs or any of vs, in referenc to any moneyes that haue bene alredy paid or yt may be deemed to be due by virtue of the said Agreemt. In witness to ye prmises we, John and Elizabeth Cullick haue hereunto fixed or hands and seales, this instant October the seauenth, 1660.
Signed, sealed and delivrd in prsence of vs,
John Cullick.
Daniell Clark, Thomas Bull.
Elizabeth Cullick.
Recorded out of ye originall, and is a true extract, exam- ined pr me Daniell Clark, Secry.
* See Appendix, No. VI.
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[108] AT A SESSION OF THE GEN: COURT, AT HARTFORD, MICH 9, 58-59.
Thoms Wells Esqr, Gour.
Jo: Winthrop Esqr, Deputy.
Magestrates : Mr. Webster, Maior Mason, Mr. Willis, Mr. Talcot, Mr. Phelps, Mr. Allyn, Mr. Treat, Mr. John Wells.
Deputyes : Dan: Clark, Secret: Mr. Steel, Mr. Gaylard, Mr. Brewster, Capt: Lord, John Bissel, Will: Wads- worth, Joseph Migat, Mr. Sam1] Wells, Goodm: Morgan, Goodm: Demant, Richrd Butler, Edwrd Griswold, Robt Webster.
This Court hath remitted a third part of the fine imposed on Nicholas Palmer, by the Court of Magestrates, for giueing Cider to Indians.
Vppon consideration about a request of Lt Hollister, prsented to this Court, respecting the charges of the Ch. of Wethersfeild agaynst him, vpon wch he was excomunicated, the Court find- ing that former indeauours have not prvayled to obtaine them, doe hereby declare, that this Court judgeth it agreeable to ye General practice of the Chs amongst vs, to deliuer vnto ye de- jinquent the prticulers of his offence in writeing (if he desire it,) before they proceed to excom: or elce they, by the Elders, sea- sonably after the sentence, doe giue in the charges for ye delin- qnts benefit and conviction ;
The wch this Court doth iudge ought to haue bene attended by the Ch: of Wethersfeild, and the prticulers wherein Lt Hol- lister hath offended (for whch he was censured,) sent to him from the Church, or elce that the Ch: doe order or enable the Elder to deliuer the said charges to ye Lt Hollister or to some trusty messengr improued by him to fetch them at the Elders house. But in case ye motion or advice of the Court prvayle not to pro- cure the charges forementioned, then the Court orders Mr. Samll Wells and Samll Boreman seasonably to repaire vnto Mr. Russel, in the behalf of Lt Hollister, and in the name of the Courte desire, and if need be, require of him and the Ch: of Wethersfeild, the prticuler charges or offences for wch Mr. Hol- lister was censured, and hauinge receaved the sayd charges
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from Mr. Russel and the Ch:, forthwith to deliuer them to Mr. Hollister for his help and conviction.
And whereas Mr. Treat, Mr. Hollister, Jo: Demant, are de- sirous and willing to attend some regular way for the composing their differences, and to yt end desire some Chs: or prsons may be thought on, to heare and determine the same ; It is desired by the Court, that Wethersfeild Ch:, wth ye officer, would con- sidr the matter and seasonably, wthout delay, conclude if it can be, vpon some way that may effect the issueing their sad differences.
[109] This Court sees cause to repeale that order or orders wherein the selling of Sider was prohibited ; soe far as the ordr respects Cider, so far it is repealed ; the rests stands in force.
Its ordered by this Court, that there shalbe provided for every Mill in this Collony, a Toll dish, of a just Quart, as alsoe a Pottle dish of 2 Quarts, and a pinte dish, al sealed, and an instru- ment to strike wth, all fit for the purpose.
Its ordered, that for the future it shalbe left wth the Mages- trates in this Jurisdiction, in cases respecting the selling of Liquors to ye Indians, to weigh and consider such tests as are prsented, wth circumstances accompanying the same, and to judge and determine the cause, as reason and justice in their judgment and apprhension doe require.
Its ordered by this Court, that for the future none shalbe prsented to be made freemen in this Jurisdiction, or haue the priuilidge of freedome conferd vpon them, vntil they haue ful- fild the age of twenty one years and haue 30l. of proper per- sonal estate, or haue borne office in the Como wealth ; such persons quallified as before, and being men of an honest and peaceable conversation, shalbe prsented in an orderly way at the General Court in October, yearly, to prvent tumult and trouble at the Court of Election.
It is ordered by this Court, that for al such orders as are of publique concernment, and sent forth into the whole Collony to be published, that the Secretary shalbe payd for his paynes herein out of the publique treasury, and the several Townes to repay the same to the Treasurer. And likewise for al such orders as are by him transcribed into the Countrey booke, there
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shal be allowed twelue pence for euery order, out of the pub- lique treasury.
Its ordered by this Court, that whateuer wine or liquors are brought in or landed in any part or porte in this Jurisdiction (except such as may be landed for transportation,) shal pay for euery Butt of wine, 20s. to ye publique treasury, and soe prpor- tionably for lesser casks. As alsoe, for euery Anchor of Liquors (except before excepted,) there shalbe payd to ye publique treas- ury, fiue shillings, soe prportionably for al greater or lesser casks or quantities. Al wch wines or liquors shalbe entred at such place and by them yt are appoynted herevnto by the Court. This order to be duely obserued, vpon penalty of forfeiting such wine or liquors as are discouered and proued to be omitted or neglected to be entred. And within one month after the pub- lication of this order, it is to stand in force.
The prsons appoynted for entry and recording such Goods as are subiect to Custome, by the forementioned order, are-
For Hartford, Jonathan Gilbert, [110] Windsor, Walter Filer, Wethersfeild, Sam11 Boreman, Fairfeild, Mr. Will: Hill, Stratford, Richd Butler, N: London, John Smith, SeaBrook, John Westall, Middle Towne, John Hall, Norwalk, Mr. Camfield.
These prsons appoynted for this service are allowed for yer paynes herin, for every Butt of Wine entred, 2s. and for every Anchor of Li- quors, twelve pence pr An- chor ; and soe proportiona- bly for other casks.
Its ordered by this Court, that noe prson in this Collony shal draw and sel Wine or Liquors to the English, by retayle, wth_ out licence, vppon penalty of fiue shillings for every Quart. And yt none yt are licenced ordinary keepers shal sel liquors for aboue foure shillings by the Quart, and soe prportionably, after that rate, for other quantities. And that such as Stil liquors, and are licenced to sel by retayle, shal not sel for aboue two shillings by the Quart, and soe prportionably to yt price, for other quantities.
It is ordered by this Court, that whatsoeuer licences haue bene formerly granted to any priuate prsons to retayle liquors, shal stand in force noe longer then til ye General Court in May next, and that whateuer licences of this nature are graunted for
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the future, they shal prceed imediately from ye Gen' Court ; And yt there shalbe 2s. 6d. payd to the Secretary by him yt prcures the licence .*
Its ordered by this Court, that if any person be found drunk, and convicted soe to be, in any priuate house, he shal pay twenty shillings for euery transgression of this nature, vnto the pub- lique treasury, and the owner of the house where the person is found and proued to be made drunk, shal pay 10s.
Its ordered and required by the authority of this Court, that the Constables in each Towne shal make diligent search vppon al occasions when there is suspition of miscarriages by disor- dered meetings of prsons in private houses to tiple together ; and haueing discouered they are to make prsentmt therof to pub- lique authority, and such as are convicted to be guilty of the breach of this order shal pay fiue shillings, one half to ye pub- lique treasury, the other halfe to ye prson discouering.
Its ordered by this Court, that there shal not be any corne or malt stild into Liquors, in any Plantation in this Colony.
Middle Towne souldiers are abated one of ye ordinary traine- ings, that soe they may help him that carries on the Mill there, vp with his heauy worke.
[11]] Willm: Wadsworth, Lt: Hollister and George Graues are appoynted by this Court, to discouer what lands are adia- cent to ye Riuer, about Thirty Miles Island, on both sides, for the space of six miles vp and downeward the Riuer, as alsoe eastward and westward from the Riuer.
The Treasurer is ordered to send downe Warrt to ye Consta- ble and Townsmen of Seabrook, requireing them to make a valuation of. al the land and ratable estate at the Farme at 6 Miles Island, and returne a list thereof to ye treasurer.
This Court, taking into consideration the continued troubles and distance twixt the Ch: at Hartford and the wthdrawen party, after further indeauours for a concurrenc and vnanimity to cal in some help from abroad, and findeing their labours herin invalid, haue now ordered and appoynted a council to be called by ye Court (leaueing each party to yre liberty whether they wil send or noe,) to be helpful in issueing the Questions in controuersy.
* [In the margin ;] " This order concernes not Ordinary keepers."
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Its ordered that those Chs: (whose Elders were requested to come hither) should be desired by Lrs from ye Secretary, in the name of the Court, to send vs one from each Ch: of their ablest instruments, to be prsent at Hartford, by the third of June next, to assist in heareing and issueing these differences.
Its alsoe ordered and expected by the Court, that the Quæsts in controversy shalbe publiquely disputed in the prsence of the Council, according to former order. And yt each party, both ye Church at Hartford and ye withdrawers, shal ioyntly concur in bearing the charges of the former Council, and in prpareing and provideing for this yt is now to be called.
Edward Stebbing, Jno: Allyn, John Bernard, Nath: Ward, George Graues, or any three of them, are to levy the rate for the charge of the last Council, according to former order, and to make provision for ye entertaynemt of this Councill.
[112] AT THE GENI COURT OF ELECTION. HARTFORD, MAY 19, 59.
Magistrates chosen :
John Winthrop Esqr, Gour.
Thom: Wells Esqr, Deputy.
Mr. Webster, Major Mason, Mr. Hen: Clark, Mr. Wil- lis, Mr. Talcot, &. Treas: Mr. Phelps, Mr. Allyn, Mr. Tratt, Mr. Jo: Wells, Mr. Gould, Mr. Ogden, Capt. Tap- pin, Thomas Baker, Robt Bond, Dan11: Clark, Secret"y. Deputies : Deacon Gaylard, Capt. Lord, Secretry Clark, Mr. Campfield, Will' Wadsworth, Joseph Migatt, Rich: Butler, Edw: Griswold, Josias Hull, John: Standley, John Hart, Hugh Caulkin, Robt Webster, James Avery, Samll Stocken, Cornelius Hull, John Wheeler, Thomas Fairchild, Joseph Judson, John Clark, Robt Chapman, Lt Hollister, John Demant, Samll Wells, Samll Bore- man.
The freemen voted to leaue the choice of ye Comissioners with ye Gen11 Court.
Comissioners chosen for ye ensueing year ; John Winthrop Esqr, Gour ; Thomas Wells Esqr, Deputy. Reserue, Maior
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Mason, who is to act in behalfe of this Collony in ye busines respecting Mistick & Paucat: at ye next meeting of ye Comrs: The Secretry to assist, as occasion shal require.
Mathew Marvin of Norwalk is freed from watching and trayninge.
It is ordered by this Court, that there shalbe Letters sent from ye Secretary of this Court vnto the Gen11 Court in the Massa- thuset, to informe them yt it is or desire and resolution to bring the case respecting Mistick and Paukatuck, vnto a reveiw, or second consideration, at ye meetinge of ye Comrs, and therefore desire them of ye Massath: to provide to attend ye transaction of ye matter forementioned.
[113] This Court haveing considered the busines respecting the Indians at Paquanack, and the difference twixt Stratford and Fairfield about the sayd Inds: doe see cause to order, that according vnto ye desire of the Indians they may quietly pos- sess and enioy from hencforth and for future, that parcel of land called Gold Hill: And that there shalbe forthwith so much land layd out within the liberties of Fairfield as the Comitte appoynted by the Court shal iudge fit, and in as convenient a place as may best answer the desire and benefit of the Indians forementioned, for ye future. And the sayd Comittee is to see soe much land layd out wthin ye bounds of Fairfield, for ye vse and accomodation of Stratford, as yt Golden hill forementioned is for quantity and quallity, and as may be most convenient for ye neighbours of Stratford. And in case Stratford men are vnwilling to accept of land, that then ye Comittee shal appoynt how much and in what kind the inhabitants of Fairfield shal pay vnto Stratford, in way of satisfaction. And it is ordered and concluded, yt this parcel of land called Gold Hill, surren- dered by Stratford vnto Paquanack Indians, accordinge to ye premisses, shalbe ful satisfaction from them vnto the Indians forenamed, and yt neither they nor their successors shal make any further claimes or demaunds of land from Stratford, but shal from henceforth and for future be accounted as Fairfield Indians, or belonging to Fairfield, to be prvided for by them for future as is forementioned in the order. And its ordered, yt in case these Indians shal wholly at any time relinquish and desert Gold Hill, that then it shal remaine to Stratford Plantation,
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they repaying to Fairfield the one half of yt wch they receaued in consideration of the sayd land.
The Comittee appoynted by the Court to see this order put in execution, are, of Norwalk, Mr. Campfield, Mr. Fitch, Rich- ard Olmstead, Nath11 Elye, who are to bound out the lands at Gold Hill, about 80 Acres, beginning at ye foot of ye hill where ye Wigwams stood, and soe to run vpwards on the hill and within Fairfield bounds, as is aboue mentioned. And the sayd Comittee is to make returne to ye Court in October, what they doe in reference to this order.
Mr. Campfield prsenting from the Towne of Norwalk, Richrd Olmstead for yr Lieutenant and Walter Hoyt for their Ser- geant, they are both confirmed by this Court.
Mr. Talcot, Capt. Lord and Joseph Migat, are appointed to take and prsent an Inventory of ye estate of Sam11 Fitch, at ye next June Court, and to be assistant in ye distribution and man- agement of ye sayd estate.
[114] Hartford, May 20, (59) This Court haueing consid- ered the petition prsented by the inhabitants of Seabrook, doe declare yt they approue and consent to what is desired by ye petitioners, respecting Mohegin, prvided yt within ye space of three yeares they doe effect a Plantation in ye place prpounded.
The Court ordered the Secretary to send an Attachmt to be serued on the estate of Arthur Bostock.
Its ordered yt ye Assistants in this Jurisdiction shal haue power to send forth destreints for levyng rates to grant replevins, to prceed according to law in punishing Drunknes, Lying, Theft, wthin their respectiue prcincts, as any prticuler Magistrate may doe.
Its desired by this Court, That ye Gournor, Mr. Willis, Mr. Allyn, Mr. Trat, Mr. Brewester, doe assist each other in keep- ing Court at N: London, on ye first day of June, to transact such occasions as are necessary and shalbe prsented vnto them.
Thomas Basset of Fairfield, is freed from watching, warding and traininge.
Vppon consideration of what hath bin propounded by Mr. Baker, respecting East & South Hampton, It is judged by this Court to be very advantagious to ye safety and comfort of ye Plantas: aforesayd, that vppon any necessary occasion there
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should be liberty allowed vnto ye Magistrates, or ye maior part of them, to call a Court in either of those Plantats: according as they iudge most meet and to impannel Juries or summon wit- nesses as need requires, to attend the Court soe called out of either of ye Plantations.
2. It is judged that noe Magestrate ought to be called to ac- count for any error in transacting mattrs of Judicatr, but only by the Gen: Court at Conecticut.
3. That according to ye Articles of Confederation, it is not in ye hands or power of any Magistrate to summon any to Con- ecticut Court, after triall at Long Island, but by way of appeale, and yt in all ordinary cases it is very meet and expedient yt all testimonies should be taken by 2 Magestrates, before Pit & Deft, upon oath, and sent ouer hither, if occasion soe require, and not trouble men to come to giue prsonall testimony here.
4. Respecting matter or charge for Magistrates comeing for information in cases to this Court, It is iudged yt where it re- dounds to ye prticuler benefit of ye Towne concerned in it, the charge should be borne by the Towne to wch he belongs ; if any difference arise about ye charges, the Magistrates 'in ye other Plantation to decide it.
This Court is adiourned to ye 3d Wednesday in June.
[115] AT A SESSION OF GEN: COURT, HARTFORD, JUNE 15: 59. Jo: Winthrop Esqr, Gour.
Tho: Wells Esqr, Dep:
Magistrates : Mr. Willis, Mr. Talcott, Mr. Allyn, Mr. Phelps, Mr. Goold.
Deputies : Deaco Gaylard, Capt. Lord, Secretr: Clarke, Will: Wadsworth, Jos: Migat, Rich: Butler, Jo: Demant Sen:, Mr. Sam: Wells, Edw: Griswold, Josias Hull, Sam11 Boreman, Cornel: Hull, John Wheeler, John Standley, Joseph Judson, Hugh Caulkin.
The Gouernors Worshp manifesting his desires to this Court of a tract of Land at the head of Pocatanack Coue, to yo furtheranc of a Plantatn at Quinibauge, The Court haueing heard and considered the sayd request, haue answered it to ye
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number of 1500 Acres vppon the Fresh Riuer together with ye Royalty and propriety of the Riuer, in case it may not be priuditiall to any Plantation, nor take in aboue 150 Acres of Meadow.
This Court doth hereby manifest their acceptance of the in- habitants of Quinibaug vndr this Gouernmt, if they desire the same.
Deacon Caulkin, James Morgan, James Avery, are appoynted to lay out ye Gouernours land.
Whereas there hath bin liberty graunted by virtue of a re- peale of former orders prohibiting selling Cider to English and Indians, This Court to pruent the excess of drinking Cider, and drunknes thereby too frequently obserued in ye Indians, and yt by Cider as is iudged, doe hereby order, that whoeuer sels Cider to Indian or Indians, shal for future sel none by bottles or in Casks, greater or lesser, but only such quantities as they yt sel shal see drunk before their eyes, in yr prsence, yt drunknes and the evil effects thereof [may be] avoided and pruented.
Its ordered, that the former order respecting prviding Ordi- nary keepers in each Plantation, shal now stand in force of general concernment to ye whole Collo:
Mr. Willis is requested to goe downe to Sea Brook, to assist ye Maior in examininge the suspitions about witchery, and to act therin as may be requisite.
This Court doth iudge it to be ye duty of the inhabitants of Wethersfield to pruide for ye Towne of Wethersfield, in refer- ence to ye ministry.
This Court obserueing the neglect of their former ordr in reference to ye Inventories of the estates of or honord freinds deceased, Edward Hopkins and George Fenwick Esqrs, It is therfore now ordered and required by this Court, yt whateuer prson or prsons in this Collo: haue in yr prsent possession or im- prouement any estate yt either is or hath bin reputed or ac- counted the estate of either of ye aforesaid Gent: sinc their de- cease, that they secure and prserue the said estate in their owne hands, or ye value thereof, (casualties exepted,) to be accómpt- ible to this Court when required thervnto, vntil ye wills and in- ventories of ye sd Gentl: be exhibited into ye Court, and right
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owners to ye estate appeare, and administration be graunted ac- cording to law.
This Court hath granted a license to ye Marshall to sell wine by retaile, prvided he suffer not ye wine that he sels to be drunk in his house.
[116] Its ordered, that ye general heads of the charges against the withdrawers shalbe sent to them, and that they appear at the Court in October, to answer to the sayd charges.
Wednesday, the 29 of this Instant, is appointed to be kept a solemne Humiliation, partly for England and partly for or owne selues, in regard of the vnsetlednes of their and or peace, partly for the season, yt God would pruent euills yt may be fear- ed, and respecting ye Council, that God would bless their labours to effect a good issue, if they come vp.
This Court judgeth it necessary that several of ye Chs. of Xt in the Massatuset should be sent vnto, and desired to afford the help of their Reurnd Elders and worthy messengers that were of the former Council at Hartford, vnto whom are added, by the nomination of the withdrawers, the teaching Elders of Dorchester and WaterTowne. The Chs to be sent to, whose help is requested, are Boston, Camb:, Roxb:, Dorchester, Ipsw:, Dedham, Water T:, CharlesTown, Sudbury ; seauen wherof the withdrawers consented to ; the Court and Ch: assenting to and desiringe all or as many as the Lord shall incline or enable to attend the worke; vnto whose decisiue power, the with- drawen partie is required, the Ch: at Hartford freely engaging to submit according to the order of ye Gosple.
Its the rather desired that those Reuerend Eldrs and Messen- gers of ye former Council, with ye other two conioyned, should be requested to be helpful now againe to heare and determine these irreconciled differenc at Hartford twixt the Ch: and wth. drawen members, bec: of the experimt yt hath bin made of their abillities and labouriousnes, aud the good issue yt was effected therby, workeing a pacification amongst them yt were at soe vast a distance and being the more apt and ready in ye contro- uersy to discerne where ye root and occasion of ye breach is.
The Council forementioned is requested to be at Hartford the 19 of Augst, the time of their hearing the matters in differenc
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publiquely debated, according to former ordr, to be with al con- venient speed after their comeing vp.
The former ordrs respecting charges in and about [the] former Council, and prvideing for this Council, to stand in force.
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