USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 29
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The Deputy Gouernor is desired to inquire into ye busines about ye Monheags comeing and abideing with Seano, and to act by way of advice as his Worse shal judge meet.
The petition of James Rogers was read and considered and ye things petitioned graunted, viz: 150 Acres next vnto ye bounds of N. London, prvided it doe not damnify the Indians nor ye Planta: of N. London, or any farme now layd out ; Goodm: Morgan and Avery to lay it out to him. He hath liberty graunt- ed to possess and improue what land Vncas hath giuen him.
Thomas Burnam is required to appear at ye Court in Octobr, to answr for his former cariage complayned of to ye Court, and Lt Bull is required to prsecute his formr complnt at ye Court aforesd.
[117] AT A SESSION OF THE GENI COURT AT HARTFORD, OCTOBr 6, 59.
John Winthrop Esqr Gour.
Thoms Wells Esqr Dep.
Magestrates : Mr. Willis, Mr. Phelps, Mr. Allyn, Mr. Treate, Mr. Gould.
Deputies : Danll Clark, Sec: Deaco Gailard, Mr. Rich: Lord, Willm Wadsworth, Mr. Robbins, Joseph Migat, Richrd Butler, Mr. Samll Wells, John Deminge, Samll Boreman, Edwrd Griswold, Mr. Hill, Josias Hull, Thoms Fairchild, Joseph Judson, Jehu Burr, John Gregory, Waltr Hoit, Samll Stockin, Nathan1] White, John Clark, Robt Chapman, Thoms Judd, John Hart.
This Court haueing considered the Petition of Arthur Bost- ick, and what hath bin prsented in behalfe of his wife, accord- ing to ye desire and prposition of the said Arthur, haue appoint- ed Mr. Blackman, Goodman Beardsley, Mr. Fairchild and Joseph Judson, as a Comittee to consider the state and condition of the said Bostock and his wife, and to ordr what they think
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sutable therin ; and in case Bostick be vnsatisfied wth their act, then he is required to appear at ye next Session of this Court, to render the reason of his dissatisfaction with the act of the foresd Comittee. And the Comittee to make returne at ye next Session, what their determination is about the prmises. But in case Bostock rest satisfied wth what is done by the Com- ittee, this Court doth free the Attachmt yt was formerly laid on ye estate of the said Bostock.
Cromwel Bay being propounded to this Court to be admitted and receaued vndr this Gouernment,* The Court considering the same, haue and doe declare their willingnes to accept the said Plantation of Setauk vndr this Jurisdiction, soe far as they may not any way intrench vpon the Articles of Confederation wth the other three Collonies, and therfore desire the inhabit- ants of Setauk to attend the next sitting of the Comrs at New- hauen, if they think meet, to act for and in their own behalf in ye prmises.
The last wills of Edward Hopkins and George Fenwickt Esqrs being exhibited into this Court, it is thought meet by the Court yt ye former restraint layd on ye estates should be taken
* The following petition had been presented to the Gen. Court, by the inhabitants of the plan- tation at Cromwell's Bay :
"Cromwell Bay, alis Setauke, August ye 6. 1659.
It hauing pleased God to dispose the harts of vs the inhabitance of the place aforesaid, to subiect our plantation, persons and estats vnder the prtection and gouerment of the Colloney of Coneticoke, for the full accomplishment of the prmises, wee the said inhabitance doe request the faviour of our trusty and beloved associats Ensigne Alixander Brian and Samuell Sherman to solicit our vnion wth the sayd Colloney that wee may be accepted a member of the sayd body pollitick; the terms specified in all humblenesse, three years race free, in respect of our low es- tate and charge in poynt of purchas, secondly, in regard of our remotenes from the head Court, and the vncertaine passage our the Sound, that like prvelege might be granted vs liueing on Long Island equall wth South and East Hampton; the aforesayd terms being granted vnto vs, wee the sayd inhabbitance athorize the sayd Alixander and Sammuell to ratifie and conclud the sayd vnion as if wee the said inhabitance were personally present. Subscribed wth a vnanimos consent, day and date aboue writen." Signed by, John Vnderhill, Richard Wodhull, Roger Cheston, John Jenner, William Fance, Thomas Harlow, James Coke, Johon Diar, Edward Rous, Thomas [ ] Thomas Mabbes, George Wood, Henry Rogers, Roert Acreley. "These in the name of the rest." [Towns & Lands, Vol. i. Doc. No. 9.]
t The Will of Mr. Hopkins, (whose death occurred a day or two before that of Mr. Fenwick,) was executed Mar. 17th, 1656-7. An abstract of it is given in a note to Savage's Winth. Jour. I 228. Mr. Fenwick's Will was proved, April 27th, 1657. A copy of it is preserved among the files in the Secretary's Office (of this State,) and an abstract will be found in the Appendix, No. VII.
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of, and yt ye debts due to ye said estates be required and gath- red in, to pruent damadge in ye estates.
This Court takeing into consideration the long and tedious differences and troubles yt haue bin and are stil continuing twixt Mr. Russel and severall members of Wethersfield Ch:, and perticularly twixt Mr. Russel and the Lt,* doe iudge it very necessary that some course be attended for ye redress of the same, and haueing long waited to haue ye parties at difference com to some ioynt agreemt amongst themselues vpon a way [118] and meanes | of hearing and healeing the said differ- ences, and not concluded of, This Courte doth therfore desire the 2 Chs of Christ at Hartford and Windsor to send 2 or 3 Messengrs a peice, to examine and search into ye nature of the differences, and haueing heard what may be said by both parts, to giue such counsel and advice as God shall direct them vnto by the light of Scripture and reason, and in case it be not em- braced, that then ye determination of ye Messengrs may be prsented vnto ye Court yt soe it may be duely considered. And the whole Church belonging to Mr. Russels charge lately of Wethersfield, is to be acquainted herewith, yt they may pre- pare ymselues for this hearing. It is further desired that ye Messengrs may be prsent at Wethersfield ye first Tuesday in Nobr and that prvision be made for their entertainmt by those yt are now resideing at Wethersfield.
A list of the Estate of the several Plantations was prsented and is as followeth : £
Impr, The Estate and prsons at Hartford,
21128. : :
of Windsor, 15345. :
of Wethersfield, 12103. : :
Farmington, 05548. :
Sea Brook, 05215. :
Middle Town, 02543. :
Fairfield, prsons, 80. 10442. : : Stratford, prsons, 65. 08434. : :
Mr. Willis and Mr. Allyn are desired to goe down and to as- sist in keeping Court at Fairfield, on Thursday, the 20th of this instant. Mr. Campfield is desired to assist them, espetially in the busines respecting Mr. Gould and Galpin.
* Lieut. Hollister. See page 330, ante.
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This Court is adiourned to ye 2d Wednesday in Nobr next. The estate of Norwalk is 3829 £.
[119] HARTFORD. SESSION OF THE GENI COURT, Nobr 9, 59.
This Court doth graunt a Rate of a penny & penny pr £. to to be levied vpon ye estate of ye Collony.
In consideration of Gods goodnes to this Collony, in ye fruit- ful and seasonable haruest, the general restoration of health to ye Plantations, and the success of ye indeauours of ye Reuer- end Eldrs of ye last Councill, for ye composeing the sad differ- ences at Hartford,-for the foregoinge respects, this Court doth see cause to appoint this day three weeks, being the last of this month, as a publique thanksgiueing throwout this Collony.
Jonathan Gilbert is appoynted to require the paymt of that wch Farmington Indians are engaged to pay to this Court, in Octobr yearly, the first payment being due 2 yeares now past.
Mr. Willis, Mr. Talcot, Mr. Stone and Edward Stebbing are desired by the Court to goe downe to Middle Towne, to inquire ye nature of ye troublesom differenc fallen out there, and to indeauour a composition thereof, but if they cannot issue it, the Comitte is desired to make returne to ye next Session, what they shal doe in ye premisses.
David the Jew, for his misdemeanour in going into houses when the heads of ye families wr absent, and tradeing prvision from children, and for such like misdemeanrs, is fined 20s.
This Court adiournes to ye last Thursday in Febrary next.
[120] At A SESSION OF THE GENI COURT, FEBr 23, 59. Jo: Winthrop Esqr, Go:
Magestrates :* Mr. Willis, Mr. Phelps, Mr. Allyn, Mr. Treat.
Deputies : Mr. Gaylard, Capt. Lord, Dan]] Clark, Sec', Willm Wadsworth, Mr. Robbins, Mr. Sam: Wells, Jo-
* The name of Deputy Governor Welles, disappears from the list of Magistrates. He died, at Wethersfield, Jan. 14th, 1659-60.
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seph Migat, Rich: Butler, John Demant, Edw: Griswold,
Samll Boreman, Josias Hull, Thoms Judd, John Hart. Michael Griswold is freed by this Court from traineing but he is to maintein watch and ward.
John Allyn and Jacob Migat, in behalfe of the Artillery, pur- sueing a former graunt of this Court of 300 Acres of land, for incouragemt to ye Artillery successiuely, doe desire that this Court would be pleased to grant to them 30 miles Island, wth those two parcels of meadow on ye East side of the Riuer, the one next aboue, the other next below the Island, in case the place thereabouts be not found to be sutable for a Plantation, or be not prengaged to any perticuler person, by this Court.
This Court considering the low estate of Willm Clarke his family, doe order respecting the fine imposed on him for trade- ing Liquors contrary to law, that he shall pay to ye publique Treasurie 40s. pr yeare, for foure yeares, the first payment to be made this spring, at ye demand of the Treasurer.
Daniell'Harris is approoued for an Ordnary keeper, in Middle Towne.
To pruent future trouble respecting Guards appointed by a former Order, to attend the publique meetings in the several Plantations, This Court now orders, yt it shalbe in ye power of the milletary officers belonging to each Towne yearely to cal out and appoint soe many of the Traine Band as the order of Court requires for each Plantation, to attend that seruice, pro- vided yt noe person is to be compelled to attend that service two yeares together. And the Sergeants who are to take care of the said guards, are ordered and required to exercise due care that their respective companies come with their armes wel fixed, and provided with powder and bullets sutable for yt ser- vice.
[121] This Court doth order, that all the Podunk Indians shal peaceably enioy al their lands at Podunk with their severall proprieties as formerly, free from any molestation by any in this Collony, according to ye Comrs orders in 58 & 59, hereby fully ratifyinge and confirmeing their acts therein.
Mr. Willis, Mr. Tailcot, Mr. Allyn, Capt. Lord, William Wadsworth, John Allyn, Ensign Wilton, John Bissel, are ap- pointed a Comittee to lay out and devide Podunk lands for-
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merly possessed by those Indians, and likewise to treat wth ye Indians, that what land there may be that is not or may not be fit for their planting, they may be willing to part with it to those English that have contracted with Tantonimo. And what appeares to ye Comittee to be granted and allowed by the Indians to be Tants: perticuler propriety, the Court is willing to allow of and confirme to ye English according to their bar- gaine, vidz: to Thoms Burnam and his partners. And what winter graine is sowed on the land, there shalbe liberty and allowance from ye Indians to reap the same by those that haue sowed it. The Comittee aboue haue full power giuen them by this Court to make a ful issue about the prmisses accordinge to ye order abouementioned. And if the Indians be willing to part with some planting land, the Comittee may lay it to Tanto: part, for those English abouementioned. And to make returne to ye Court what they doe in and about the prmisses.
Whereas there hath bin complaint made and prsented by ye inhabitants of Hartfd, Windsor & Wethersfield in referenc to ye bargain made wth Mr. Fenwick, This Court doth order that a Comittee be chosen to treat with Capt. Cullick, as agent to G. Fenwick Esqr, about the differenc that hath bin and yet is in referenc to ye Agreemt made with him. Vnto wch Com- ittee this Court doth grant full power to bring matters in con- trouersie vnto a full issue by composition or otherwise, as they shal see meet.
[122] The Comittee chosen to treat with and pursue to effect the order of the Court with Capt Cullick, are The Worll Gouernor Winthrop, Mr. Willis, Mr. Allyn, the Secretary and W. Wadsworth.
Whereas there hath bin a repealing of ye former restraint laid vpon ye estates of Edw: Hopkins and George Fenwick Esqrs, that debts due to ye estate might be taken in, Vpon fur- ther consideration, this Court orders, that ye estates aforesaid be securd within this Collony vntil the sd estates be inventoried and ye Inventories prsented and administration granted by this Court.
This Court adiournes to ye 2d Wednesday in Aprill.
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[123]
A SESSION OF GEN: COURT, APRIL 11, 60. Jo: Winthrop, Esqr, Go:
Magestrats : Mr. Hen: Clark, Mr. Willis, Mr. Allyn, Mr. Phelps, Mr. Treat.
Deputies : Mr. Gailard, C: Rich: Lord, Dan: Clark, Sec":, Willm Wadsworth, Mr. Robbins, Mr. S. Wells, Joseph Migat, Richd Butler, John Deminge, Edw: Griswold, Thom: Judd, Jo: Hart, Samll Boreman, Samll Stockin.
A Lr from ye Dutch Gouernor to or Worll Gouernor was read, as also or Worll Go: returne thervnto, wch was approued by this Court.
This Court considering the necessity of altering that perticu- ler in ye 3d Law, respecting the choice of a Gouernor, vidz: That noe person be chosen Gour aboue once in two yeares, haue thought meet to propound it to ye consideration of ye freemen of this Collony, and doe order the Secretary to insert the same in the Warrts for ye choice of Deputies, and request the return of ye remote Plantas: (yt vse to send Proxies, at ye Election, by their Deputies. And it is desired that their proxies may be ordered according to what may be concluded on about ye ordr forementioned.
This Court appoints Wm. Wadsworth and Jo: Deminge Senr, to assist Mr. Jo: Cotton in administration to ye Estate and as ouerseers of the last will of Thoms Wells Esqr.
This Court haueing heard the returne of the Comittee for Podunk lands; That since they came to a conclusion respect- ing Thomas Burnam his contract with Tantonomo, It appeares that part of the lands laid out to the said Burnam and his co- partners doth belong to Foxens successors, by a gift from Foxen to his allies: This Court doth therefore order, That those Po- dunk Indians shal enioy and possess their lands according to former order. And that those English men that contracted with Tantonimo shal enioy and possess according to their bar- gaine only that wch is ye particuler proprietie of Tantonimo, that the Indians doe yield or that Tanto: can proue to be his propriety.
Mr. John Allyn and Jonath: Gilbert are to bound out ye said Tanton: part to Thos Burnam and his partners and this shal stand vntil further proof appeare about Tantonimo his right.
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OF CONNECTICUT.
[124] This Court haueing heard and considered the Petition from N. London doe at prsent soe far accept of the request of the petitioners as to allow of Mr. Tinker for an Assistant in that Plantatn: and Mr. Bruen, James Rogers, Lt Smith and John Smith, a's Comrs, vntil the Election Court in May next; who with ye assistance of Maior Mason shal haue power to keep Court according to ye contents of ye Petition, in matters of an inferiour nature, and perticulerly about that busines respecting Waterhouse ; and the ful answer of ye Petition is deferd vntil ye Court of Election.
Willm Duglas is chosen Packer for N. London, for a ful yeare, and to be allowed for his paines herin according to what is allowed in ye Massachusets collony, and whateuer he packs or repacks shal pass vndr his seale.
[125] A. COURT OF ELECTION HELD AT HARTFORD, MAY 17, 60. Magestrates Electª.
Jo: Winthrop Esqr, Go: Maior Jo: Mason, Dep :
Mr. Henry Clark, Mr. Willis, Mr. Phelps, Mr. Allyn, Mr. Treat, Mr. Gould.
Long Island. Capt. Tho: Topping, Mr. Ogden, Tho: Baker, Robt Bond.
Danll Clark, Secr. John Talcot, Treasr.
Deputies : Wm. Gaylard, Wm. Wadsworth, Jo: Talcot, Joseph Migat, Edw: Griswold, Jo: Deming Sen:, Mr. Sam: Wells, Richrd Butler, Josias Hull, Stephen Hart, Antho: Howkins, Samll Boreman, Wm. Gutridge, Mathew Griswold, Robt Chapman, Jno. Tinker, Hugh Caulkin, Math. Campfield, Sam1] Hall, Wm. Cheny, Robt Warner, Phillip Groues, Tho: Fairchild, Jo: Wheeler, Cornel: Hull.
It was voted by the freemen that ye perticuler in ye 4th Law, respecting the choice of the Gouernor, should be altrd, and that for future there shalbe liberty of a free choice yearely, either of ye same person or another, as may be thought meet, without priudice to ye law or breach thereoff.
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This Court doth free Michael Try, Richard Vore, Goodman Fossaker and Goodman Stocking, from traineing, watching and wardeing.
This Court doth confirme and establish the conclusion of ye Comittee in reference to ye Paquanack Indians and the Planta- tions of Stratford and Fairefield.
The choice of ye Comrs for this Collo: for the yeare ensueing, is left by the freemen to this Court to issue and effect.
The Worfl Gouernour and Dep: Gouernor are chosen Comrs for this yeare ensueing, and Mr. Math: Allyn is chosen for a reserue.
Mr. Mathew Allyn is chosen Moderator, to supply the place of ye Gouernor and Dep: in case of their occasional absenc from ye Gen: Court.
The Towne of Huntington, on Long Island, prsenting their desires to be accepted vndr this Gouermt, vpon the same tearmes yt Southampton stands wth vs, and likewise to be freed from publique charges for ye space of three yeares, this Court in order to ye forementioned request, makes this returne; That they accept of ye proposition of ye Towne of Huntington soe far as may be consistent with ye Articles of Confederation with ye Vnited Collonies, and therfore doe advise the Planta: foremen- tioned to address vnto ye Comrs at yeir meeting at N. Hauen, to vndrstand the mind of the Comrs in this matter. And further, this Court expects to be free from publique expense about that Plantatn for ye space of three yeares after the Confederation, [126] and that themselues shal beare all the charges | that may be contracted by any occasion wherin this Collo: doth, accord- ing to Articles agreed on, afford them assistance.
Wm. Palmer Senr, is freed by this Court from watch: ward: and traineing.
Vppon ye motion of Mr. Josiah Stanborough, This Court doth declare that it is their desire that ye Magestrates of South- ampton and Mr. Barret would be pleased to take ye children of ye wife of Mr. Stanborough and the estate belonging to them, and to dispose of both soe as may be conduceable to ye prserva- tion of ye estate for ye legatees.
This Court haueing considered the petition of Goodman Jack- son, doe accept of his request and are willinge to allowe this
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libertie, that provided there be 15l. fine paid to ye publique treasury by the transgressour, then the form' sentence adiudg- ing corporall punishmt vpon ye delinqt shalbe revoked, but if this fine be not embraced and accepted of, then the corporall punishmt is speedily to be inflicted, according to ye appointmt of ye Magestrates.
It is ordered by this Court, that neither Indian nor negar servts shalbe required to traine, watch or ward, in this Collo:
In consideration of much inconvenience that appeares to acrew to many in this Collo: by virtue of former orders that in point of execution haue not attayned their end in satisfying creditors in a sutable way, according to ye nature of contracts or bargaines, men conveighing away the kind of pay that many times is preingaged, It is therfore ordered, that it shalbe law- full for such creditors as haue debts oweing to them in corne or any other spetial pay (vpon ye refusal of pay in kind, when it is due and demaunded,) to take out an attachmt and lay it (if it can be found out) vpon such estate as is engaged by the debtr, or other estate yt may be found such as ye creditor liketh, pro- vided it be not prohibited by law, and secure the said estate at- tached, to a triall at ye next Court appointed for yt end. And whateuer estate thus attached vpon a trial and iudgmt of ye Court comes to be apprized, the said Court yt issues the case [127] shall | appoint those yt shall prize the estate, the valua- tion whereof shalbe regulated accordinge to ye worth and na- ture of ye pay contracted for.
The price of Sheep, in ye list of Rates, shal for future be valu- ed at 15s. pr sheep, vntil the Court further advise on it.
This Court orders that ye Grand Jury hereafter mentioned shal inquire and considr of ye misdeameanors and breaches of the orders of this Collo: in ye several Townes, and make prsent- ment thereof at ye prticuler Court in Octobr next, and likewise at ye prticuler Court in May, (61.) The Grand Jury is as fol- loweth; For Hartford, Willm Wadsworth, Richard Butler ; Windsor, Mr. Henry Woolcot, Josias Hull; Wethersfield, John Deming, Samll Boreman ; Farm:, Anthony Howkins ; Middle T:, John Hall; Sea Brook, Robt Chapman ; N. London, John Smith ; Stratfrd, Goodm: Groues; Fairfield, Jehu Burr ; Nor- walk, Richard Olmsted.
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It is ordered, that al defects in Armes or neglects in traine- ing, watch, etc. shalbe determined by any one Magestrate or Assistant, where such are inhabiting ; and by two of them yt order the prudentials of ye Towne where is neither Magestrate nor Assistant ; and that those who determine the case shall haue power to issue forth order to ye Clarke of ye band to levy the fine imposed. This order to take place notwithstanding former orders.
This Court frees the Assistants and ye Deputies chosen to attend ye severall General Courts, while they stand Deputies, from traineing, watching and wardeing.
Its ordered, that ye Grand Jury men shal repaire speedily to some Magestrate or Assistant to be sworne to ye seasonable and effectual execution and attendanc on their worke.
Its ordered by this Court, that noe Towne in this Collo: shal suffer any Indians to dwel wthin a quarter of a mile of it, nor shal any strange Indians be entertained in any Towne, vpon penalty of 40s. a month, to be paid to ye publique treasurie by each Plantatn which shalbe found transgressours herein. This order to take place and be of force, in ye begin: of July next. [128] This Court doth order, that noe man or woman within this Coll: who hath a wife or husband in forraigne parts, shal liue here aboue two years, vpon penalty of 40s. pr month vpon every such offendor ; and any that haue bene aboue 3 years already, not to remaine within this Coll: aboue one yeare longer, vpon the same penalty, except they haue liberty from ye Gen: Court.
This Court obserueing an omission or neglect of a former order respecting the Inventorying the estates of Edw: Hopkins and Geo: Fenwick Esqrs doe now further order, that the select men of every towne (where any estate that either is, or hath bin, since the decease of these Gent:, reputed or accotd part of that estate yt is disposed by them or either of them,) shal make diligent inquiry in their respectiue Plantations to find out the said estates according to a true value and to inventorie the said estate and to make prsentment thereof at ye prticuler Court in Septbr next. And all and every person in each Plantatn, as before, is hereby required to give in a just accot to their select men, of all the estate that either is, or hath bin in their possession
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or improuemt since ye decease of ye aforesaid Gent :. And who- euer is knowne to conceale any of the said estates, or not to giue in a true accot as before required, or if any select men doe neg- lect to attend this order, he or they shal pay vnto ye publ: Treasurie, 5l. for every such default.
This Court orders, that if any Indians shal bring in Guns into any of the Townes in this Coll: It shalbe lawful for any one of ye English to seize on their guns, and to keep them vntil there be 10s. a piece brought to redeem each gun, wch shalbe devided, one half to ye Treasurie, the other half to ye seazer.
Mr. Willis and Goodman Migat and Anthony Howkins are desired and appointed to take in the consideration of ye loss of Lt Lewis and Francis Browne, and according as they iudge requisite to make destribution to both parties of that wch ye Indians haue engaged to pay yearly to make vp their loss by fire, vntil ye whole sum be paid in by ye Indians.
There is liberty graunted that Fairfield, Stratford and Nor- [129] walke shal gather out of their said Townes || a small Troop of Horse, with two meet officers added to exercise them of their owne choseing, and the Troopers to be such as are ap- proued by Mr. Gould and Mr. Fairchild and Mr. Campfield and the officers to be apprued by the Generall Court. And for pro- portion they are to take seaven out of Stratford, 7 out of Fair- field and 4 out of Norwalke.
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