USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 3
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It is ordered that with the consent of Mr. Pincheon, that the said Mr. Pincheon shall within these 18 dayes pay Mr. Whi- ting 407. by sending downe as much Corne as the saide 407. comes to, or els to pay him the saide Mr. Whiting in marchantable beaver att 9s. pr pounde provided that if in the Bay the saide Mr. Whiting cann put it away att higher rate the saide Mr. Pincheon to have the benefitt of it, if it be put away at losse the saide Mr. Pincheon to stand to it, and the saide Mr. Pin- cheon may write to his frends to see that the saide Mr. Whi- ting doth his best for the saide Mr. Pincheons advantage.
It is ordered that the Indian Corne that is brought into the plantacons for the supply of theire necessitis, either by agree- ment with Mr. Pincheon or any other way of a generall trade, shall goe att 5s. 6d. in money, in wampum att 3 a penny, 6s. pr bushell, or if in beaver according to the order att 9s. pr pounde, yett this is not any way to infringe the bargaine formerly made with Mr. Pincheon for soe much Corne as he bringes in.
It is ordered that these men followinge shall receive the Corne aforesaide for the plantacons according to their proporcon agreed on, and shall keepe one exact account of what every man hath att the rates aforesaid ; the men appointed for this service are Henry Wolcott ye younger for Windsor, Edwarde Stibben and Thomas Scott for Harteford, For Wethersfeilde Mr. Plum. It is alsoe ordered yt such as are in want of Corne or like to betwene this and harv[est] must give in theire names and wants to ye parties aforesaide of the severall plantacons, and they are to retorne it in ye next particular Courte, provi- ded yt the receivers of Corne aforesaid are not to deliver any Corne without the present payment formerly menconed.
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OF CONNECTICUT.
It is ordered that Thomas Staunton shall haue for the seruice hee hath done for the Countrey already past, tenn poundes. [10] It is ordered that Thomas Staunton shalbe a publicke officer for to attend the Corte vppon all occasions, either Gen- erall or prticuler, as alsoe any meetinge of the Magistrates to interprett betweene them and the Indians, as also is to haue for it 10l. pr Anñm.
It is ordered yt Captaine Mason & Jeremy Adames shal goe on Thursday next, accordinge to or prmise to trade wth the Indians for Corne and to settle a Trade between vs and them aboute Corne.
It is ordered that the order of the 9th of March last be againe renewed.
It is ordered where any Company of Indians doe sett downe neere any English plantacons that they shall declare whoe is their Sachem or Cheife & that the saide Cheife or Sachem shall paye to the saide English such trespasses as shalbe comitted by any Indian in the saide plantacon adioyninge, either by spoil- inge or killinge of Cattle or Swine either wth Trappes, dogges or arrowes & they are not to pleade that it was done by Stran- gers vnlesse they cann prduce the prty and deliur him or his goodes into the Custody of th' English ; and they shall paye the double if it were voluntarily done.
Whereas there was some complainte made against Mr. Willm Pincheon of Agawam for that as was conceived & vppon prfe appred he was not soe carefull to prmote the pub- licque good in the trade of Corne as hee was bounde to doe, It is ordered the saide Mr. Pincheon shall wth all convenient speede pay as a fine for his soe failinge 40tie bushells of Indian Corne for the publicque & the saide Corne to be deliured to the Treasurer to be disposed of as shalbe thought meete.
Whereas vppon full debate & hearinge the matters of Iniuries & difference betweene Soheage, an Indian the Sachem of Py- quaagg nowe called Wythersfeild, & th' English Inhabitants thereof, and It appres to the Cort that there hath beene divers Iniuryes offered by some of the saide English inhabitants to the said Soheage, as alsoe the saide Soheage & his men haue like- wise comitted divers outrages & wronges against the saide Eng- lish, yet because as was conceiued the first breach was on the
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PUBLIC RECORDS
saide English prte, All former wronges whatsoeuer are remitted on both sides and the saide Soheage is againe received in Amytie to the saide English, & Mr. Stone, Mr. Goodwin & Tho: Staunton are desired to goe to the saide Soheage & to treate wth him accordinge to the best of their discretion & to compose matters betweene the saide English and the saide So- heage, and vppon their reporte there shalbe som setled course in the thinge.
It is ordered there shalbe 1s. pr skin of beaver to be paide to the publicque out of the Trade of beaver, to be paide into the Treasury every half yeere : this order to stand for an yeere & vntill the Cort take other order to the Contrary.
It is ordered that none shall trade in this River wth the In- dians for beaur but those that are hereafter named (vizt) For Agawam Mr. Pyncheon, for Windsor Mr. Ludlowe, Mr. Hull ; for Harteford Mr. Whytinge, Tho : Staunton ; Wythersfeild Geo : Hubberd & Rich : Lawes ; and if any trade for beauer other then are fornamed they shall forfeit 5s. pr pounde to be paide pr eury pounde they soe trade.
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[Pages 12-22, blank : these pages were probably designed for the insertion of the Constitution, Oaths, &c., which were subsequently recorded on pp. 215-227 of the original as now paged.]
[220] Forasmuch as it hath pleased the Allmighty God by the wise disposition of his diuyne pruidence so to Order and dispose of things that we the Inhabitants and Residents of Windsor, Harteford and Wethersfield are now cohabiting and dwelling in and vppon the River of Conectecotte and the Lands there- unto adioyneing ; And well knowing where a people are gath-
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OF CONNECTICUT.
ered togather the word of God requires that to mayntayne the peace and vnion of such a people there should be an orderly and decent Gouerment established according to God, to order and dispose of the affayres of the people at all seasons as occation shall require ; doe therefore assotiate and conioyne our selues to be as one Publike State or Comonwelth ; and doe, for our selues and our Successors and such as shall be adioyned to vs att any tyme hereafter, enter into Combination and Confedera- tion togather, to mayntayne and prsearue the liberty and purity of the gospell of our Lord Jesus wch we now prfesse, as also the disciplyne of the Churches, wch according to the truth of the said gospell is now practised amongst vs ; As also in or Ciuell Affaires to be guided and gouerned according to such Lawes, Rules, Orders and decrees as shall be made, ordered & decreed, as followeth :-
1. It is Ordered, sentenced and decreed, that there shall be yerely two generall Assemblies or Courts, the on the second thursday in Aprill, the other the second thursday in September, following; the first shall be called the Courte of Election, wherein shall be yerely Chosen fro tyme to tyme soe many Magestrats and other publike Officers as shall be found requi- sitte : Whereof one to be chosen Gouernour for the yeare en- sueing and vntill another be chosen, and noe other Magestrate to be chosen for more then one yeare ; pruided allwayes there be sixe chosen besids the Gouernour ; wch being chosen and sworne according to an Oath recorded for that purpose shall haue power to administer justice according to the Lawes here established, and for want thereof according to the rule of the word of God ; wch choise shall be made by all that are admit- ted freemen and haue taken the Oath of Fidellity, and doe co- habitte wthin this Jurisdiction, (hauing beene admitted Inhabit- ants by the maior prt of the Towne wherein they liue,*) or the mayor prte of such as shall be then prsent.
[222] 2. It is Ordered, sentensed and decreed, that the Elec- tion of the aforesaid Magestrats shall be on this manner : euery prson prsent and quallified for choyse shall bring in (to the prsons deputed to receaue the) one single papr wth the name of him written in yt whom he desires to haue Gouernour, and he
* This clause has been interlined in a different hand writing and at a more recent period.
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PUBLIC RECORDS
that hath the greatest nuber of papers shall be Gouernor for that yeare. And the rest of the Magestrats or publike Officers to be chosen in this manner: The Secretary for the tyme be- ing shall first read the names of all that are to be put to choise and then shall seuerally nominate them distinctly, and euery one that would haue the prson nominated to be chosen shall bring in one single paper written vppon, and he that would not haue him chosen shall bring in a blanke: and euery one that hath more written papers then blanks shall be a Magestrat for that yeare ; wch papers shall be receaued and told by one or more that shall be then chosen by the court and sworne to be faythfull therein; but in case there should not be sixe chosen as aforesaid, besids the Gouernor, out of those wch are nomin- ated, then he or they wch haue the most written paprs shall be a Magestrate or Magestrats for the ensueing yeare, to make vp the foresaid nūber.
3. It is Ordered, sentenced and decreed, that the Secretary shall not nominate any prson, nor shall any prson be chosen newly into the Magestracy wch was not prpownded in some Generall Courte before, to be nominated the next Election; and to that end yt shall be lawfull for ech of the Townes aforesaid by their deputyes to nominate any two who they conceaue fitte to be put to Election ; and the Courte may ad so many more as they iudge requisitt.
4. It is Ordered, sentenced and decreed that noe prson be chosen Gouernor aboue once in two yeares, and that the Gou- ernor be alwayes a mēber of some approved congregation, and formerly of the Magestracy wthin this Jurisdiction ; and all the Magestrats Freemen of this Comonwelth : and that no Mages- trate or other publike officer shall execute any prte of his or their Office before they are seuerally sworne, wch shall be done in the face of the Courte if they be prsent, and in case of ab- sence by some deputed for that purpose.
[224] 5. It is Ordered, sentenced and decreed, that to the aforesaid Courte of Election the seurall Townes shall send their deputyes, and when the Elections are ended they may prceed in any publike searuice as at other Courts. Also the other Generall Courte in September shall be for makeing of lawes, and
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any other publike occation, wch conserns the good of the Com- onwelth.
6. It is Ordered, sentenced and decreed, that the Gournor shall, ether by himselfe or by the secretary, send out sumons to the Constables of eur Towne for the cauleing of these two standing Courts, on month at lest before their seurall tymes : And also if the Gournor and the gretest prte of the Magestrats see cause vppon any spetiall occation to call a generall Courte, they may giue order to the secretary soe to doe wthin fower- teene dayes warneing : and if vrgent necessity so require, vppon a shorter notice, giueing sufficient grownds for yt to the depu- tyes when they meete, or els be questioned for the same ; And if the Gournor and Mayor prte of Magestrats shall ether neglect or refuse to call the two Generall standing Courts or ether of the, as also at other tymes when the occations of the Comon- welth require, the Freemen thereof, or the Mayor prte of them, shall petition to them soe to doe : if then yt be ether denyed or neglected the said Freemen or the Mayor prte of them shall haue power to giue order to the Constables of the seuerall Townes to doe the same, and so may meete togather, and chuse to themselues a Moderator, and may prceed to do any Acte of power, wch any other Generall Courte may.
7. It is Ordered, sentenced and decreed that after there are warrants giuen out for any of the said Generall Courts, the Constable or Constables of ech Towne shall forthwth give no- tice distinctly to the inhabitants of the same, in some Publike Assembly or by goeing or sending fro howse to howse, that at a place and tyme by him or them lymited and sett, they meet and assemble the selues togather to elect and chuse certen dep- utyes to be att the Generall Courte then following to agitate the afayres of the comonwelth ; wch said Deputyes shall be chosen by all that are admitted Inhabitants in the seurall Townes and haue taken the oath of fidellity ; pruided that non be chosen a Deputy for any Generall Courte wch is not a Freeman of this Comonwelth.
[226] The foresaid deputyes shall be chosen in manner fol- lowing : euery prson that is prsent and qualified as before ex- prssed, shall bring the names of such, written in seurrall papers. as they desire to haue chosen for that Imployment, and these 3
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PUBLIC RECORDS
or 4, more or lesse, being the unber agreed on to be chosen for that tyme, that haue greatest nüber of papers written for the shall be deputyes for that Courte ; whose names shall be en- dorsed on the backe side of the warrant and returned into the Courte, with the Constable or Constables hand vuto the same.
8. It is Ordered, sentenced and decreed, that Wyndsor, Hart- ford and Wethersfield shall haue power, ech Towne, to send fower of their freemen as their deputyes to query Generall Courte ; and whatsoeuer other Townes shall be hereafter added to this Jurisdiction, they shall send so many deputyes as the Courte shall judge meote, a resonable prportion to the nüber of Freemen that are in the said Townes being to be attended therein ; web deputyes shall have the power of the whole Towne to give their voats and alowance to all such lawes and orders us may be for the publike good, and unto weh the said Townes ure to be bownd.
9. It is ordered and decreed, that the deputyes thus chosen shall have power and liberty to appoynt a tyme and a place of meeting togather before any Generall Courte to uduise and consult of all such things as may concerne the good of the pub- like, as also to examine their owne Elections, whether accord- ing to the order, and if they or the gretest prte of them find any election to be illegall they may seclud such for prsent fro their meeting, and returne the same and their resons to the Courte ; and if yt proue true, the Courte may fyne the prty or prtyes so intruding and the Towne, if they see cause, and give out a warrant to goe to a newe election in a legall way, ether in prte or in whole. Also the said deputyes shall hane power to fyne any that shall be disorderly at their meetings, or for not coming in due tyme or place according to appointment ; and they may returne the said fynes into the Courte if yt be refused to be paid, and the Tresurer to take notice of yt, and to estreete or levy the same as he doth other fynes.
10. It is Ordered, sentenced and decreed, that every Generall Courte, except such as through neglecte of the Gournor and the greatest prte of Magestrats the Freemen themselves doe call, shall consist of the Gouernor, or some one chosen to moder- ate the Court. and 4 other Magestrats at lest, wth the mayor prte of the deputyes of the senerall Townes legally chosen ;
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OF CONNECTICUT.
and in case the Freemen or mayor prte of the, through neglect or refusall of the Governor and mayor pite of the magestrats, shall call a Courte, yt shall consist of the mayor prte of Free- men that are prsent or their deputyes, with a Moderator chosen by the : In weh said Generall Courts shall consist the supreme power of the Comonwelth, and they only shall haue power to make lawes or repeale the, to graunt leuyes, to udmitt of Free- men, dispose of lands vndisposed of, to seuerall Townes or prsons, and also shall haue power to call ether Courte or Mages- trate or any other prson whatsoever into question for any mis- demeanour, and may for just causes displace or deale otherwise according to the nature of the offence ; and also may denle in any other matter that concerns the good of this comon welth, excepte election of Magestrats, weh shall be done by the whole boddy of Freemen.
[227] In weh Courte the Governour or Moderator shall have power to order the Courte to giue liberty of spech, and silence vnceasonable and disorderly speakeings, to put all things to voate, and in case the voate be equall to have the casting voice. But non of these Courts shall be adiorned or dissolued wthout. the consent of the maior prte of the Court.
11. It is ordered, sentenced and decreed, that when any Generall Courte vppon the occations of the Comonwelth haue agreed vppon any sume or somes of mony to be lenyed vppon the seuerall Townes wthin this Jurisdiction, that a. Comittee be chosen to sett out and appoynt. wt shall be the prportion of euery Towne to pay of the said leuy, prvided the Comittees be made vp of an equall nüber out of each Towne.
14th January, 1638, the 11 Orders abouesnid are voted.
[216] THE OATH OF THE GOU'NOR, FOR THE [PrSENT.]
I N. 10. being now chosen to be Gournor wthin this Juris- diction, for the yeare ensueing, and vutil a new be chosen, doe sweare by the greate and dreadfull name of the everliveing God, to prmote the publicke good and peace of the same, ac- cording to the best of my skill ; as also will mayutayne all law- full priviledges of this Comonwealth ; as also that all wholsome lawes that are or shall be made by lawfull authority here estab-
4
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PUBLIC RECORDS
lished, be duly executed; and will further the execution of Justice according to the rule of Gods word ; so helpe me God, in the name of the Lo: Jesus Christ.
THE OATH OF A MAGESTRATE, FOR THE PrSENT.
I, N. Il). being chosen a Magestrate wthin this Jurisdiction for the yeare ensueing, doe sweare by the great and dreadfull name of the euerliueing God, to prmote the publike good and peace of the same, according to the best of my skill, and that I will mayntayne all the lawfull priuiledges thereof according to my vnderstanding, as also assist in the execution of all such wholsome lawes as are made or shall be made by lawfull author- ity heare established, and will further the execution of Justice for the tyme aforesaid according to the righteous rule of Gods word ; so helpe me God, etc.
[215]
THE OATH OF A CONSTABLE.
I, A. B., of 1l), doe sweare by the greate and dreadfull name of the euerliueing God, that for the yeare ensueing, and vntill a new be chosen, I will faythfully execute the office and place of a Constable, for and wthin the said plantacon of W : and the lymitts thereof, and that I will endeuor to prsearue the publike peace of the said place, and Comonwealth, and will doe my best endeauor to see all watches and wairds executed, and to obey and execute all lawfull comaunds or warrants that com fro any Magestrat or Magestrats or Courte, so helpe me God, in the Lo: Jesus Christ.
[11] Ja : 14th 1638. It is Ordered that the tresurer shall de- liuer noe mony out of his hands to any prson wthout the hands of two Magistrats if the som be above 20s. ; if it be vnder then the tresurer is to accept of the hand of on ; but if it be for the payment of some bylls to be alowed, wch are referred to some Comittes to consider of whether alowed or not, That such bylls as they alowe & sett there hands vnto the Tresurer shall accept. & give satisfactñ.
to: ftauns: ( Governor.)
( Dep'. Gorernor.)
Gro : wyllys Edna Hopkm's Tho : Welles
(Magistrates.)
John -Webster (Milliam +1 /0Rp6
( Deputies.)
(John Steel Lowry Moollcoff. Johor pratt Thomas Stoughton
Bomat for william Spencer
Ww. Stuffin. James 2300/25
coneriam y agent
John Major
Sko Stanton
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[23]
[APRIL 11th, 1639.
AT A GENERALL MEETING OF THE FREEMEN] FOR THE ELEC- TION OF MAGISTRATES, ACCORDING [TO THE ]ORDERS.
Jnº. Haynes Esqr., was chosen Governor for the y[eare ensueing] and vntill a new be chosen.
Mr. Roger Ludlowe, Deputy.
Mr. George Willis, Mr. Edward Hopkins, Mr. Thomas Wells, Mr. Jno. Webster, Mr. Wm. Phelps, were chosen to assist in the Magis[tracy] for the yeare ensueing, and all tooke the oathes app[ointed] for them.
Mr. Edward Hopkins was chosen Secretary and [Mr. Thomas] Wells Tres'r. for the yeare ensueing .*
Committees : Mr. Jno. Steele, Mr. Spencer, Jno. Pratt, Edw : Stebbing, [Mr.] Gaylard, [Henry] Woolcott, [Mr. S]toughton, [Mr.] Foard, Thurston Rayner, James Boosy, George Hubbard, Ric : Crabb.
Elty Pomry of Windsor complayned that he had [a mare] taken away by the Pequatts, wch after the warrs [ ] was killed by the Naanticke Indians ; he desir[ed] therefore the helpe of the Court to be releeved [and that] some order may be taken with them for restitucon. [The] Courte tooke the same into serious consideracon and [thinke] it according to their duty and good reason to prtect [the] persons and estates of all the members of the Com[onwealth] soe farr as lyeth in their power in a way of Just[ice,] and accordingly prmised as opportunity shall be off[ered] to deale with those Indians about it.
The like was desired by Mr. Ludlow in regard of [ ] of his, and the like prmise made to him.
The Court in regard of the state of the present ty[me] and the many occations that ly vppon men, thought f [itte to] referr the prticulars hereafter mentioned to a Co[mittee,] vizt. the
* Pages 23-26 of the original are more mutilated and defaced than any other portion of the Volume. Thus far, on page [23] the words in brackets have been supplied from a copy made in 1743, and attested by George Willys, Secretary, which is printed with the Proceedings in the Mason case, p. 148.
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PUBLIC RECORDS
Treaty with Vncus concerning the land [ ] by him and other Indians between Hartford and W[indsor,] as also with Pequannocke Indians, who are now co[ ] to answere any letters sent from or neighbors of Quinnipiac] and to ripen orders formerly in agitacon against [the] next meeting of the Court : They are also des[ired to] putt Mr. Goodwin in mind of finishing the treaty [ ] of the Towne of Wethersfeeld with Seq[uassen] concerning the land beyond the River : and [the] Governor, Mr. Deputy, Mr. Willis, Mr. Hopkins, Mr. [ ] Mr. Steele & Mr. Spencer were intreated to attend [the said] services.
It is ordered that the watch be renewed in each [Towne, and] begin the second day of the next weeke.
The Court was adiorned till the third T[hursday in[ ]
[24] [Two or three lines are torn from the top of this page, which contains the record of a Particular Court.]
Jnº. Edmunds, Aaron Starke and Jno. Williams were cen- sured for vncleane practises as folls. Jno. Williams [ Edmunds ?] to be whipt att a Carts[tail] vppon a lecture day at Hartford. Jno. Williams to stand vppon the pillory from the ringing of the first bell to the end of the lecture, then to be whipt at a Carts [tail,] and to be whipt in like manner att Windsore within 8 dayes following. Aaron Starke to stand vppon the pillory and be whipt as Williams, and to haue the letter R burnt vppon his. cheeke, and in regard of the wrong done to Mary Holt to pay her parents 10l. and in defect of such to the Comonwealth, and when both are fit for that condition, to marry her.
It is the mind of the Court that Mr. Ludlow and Mr. Phelps see some publique punishment inflicted vppon the girle for con- cealing it soe long.
Mr. Williams brings his action of trespasse aganst Matthew Allen for 74 Rod of Corne destroyed through defect of his fence : Thomas Moore for 10 Rod,
Mr. Woolcott for 60 Rod,
Ann Marshall for 2 Rod,
George Phelpes for 8 Rod,
Jno. Porter for 70.
The Jury find for the plfs, to pay for 224 rod of Corne
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spoyled, three pounds ; for keeping of the ground 20 dayes, 30s; Costs 10s.
[In margin,] [Mr. ] foreman, [Mr. S]kinner, {Mr.] Steele, Mr.] Smith, [Mr. ] Moore, [Mr. ] Weed, [Jeffe]ry Ferris, Robins, [ S]cott, [ Pan]try, [ S]tanley, ] Birchard.
Thomas Bull informed the Court that a muskett with 2 letters I W was taken vp att Pequannocke in pursuit of the Pequatts, wch was conceaved to be Jno. Woods who was killed att the Rivers mouth. It was ordered for the present [that] the musk- ett should be delivered to Jno. Woods freinds vntill other appeare.
AUGUST THE FIRST, 1639.
Jno. Bennett & Mary Holt were both censured to be whipt for vncleane practises, and the girles Mr is inioyned to send her out of this Jurisdiction before the last of the next month.
These following were censured & fined for vnseasonable and imoderate drinking att the pinnace.
Thomas Cornewell, 30s. Samuell Kittwell, 10s.
Jno. Latimer, 15s. Thomas Vpson, 20s. Mathew Beckwith, 10s.
Jno. Moody had an attachment graunted vppon the g[oods of Thomas] Gaines, in the hands of Mr. Stoughton, for a debt [of 51b weight of Tobacco.]
[25] A GENERALL COURT ATT HARTFORD, THE 8th OF AUG. 1639.
Jno. Haynes Esqr. Govr.
Roger Ludlow, Dep'ty.
Mr. Willis, Mr. Wells, Mr. Webster, Mr. Hopkins, Mr. Phelpes.
Comittees. Mr. Talcott, Mr. Spencer, [In]o. Pratt, Mr. Hull, Mr. Porter, Mr. Tappin, Mr. Ward, Geo. Hub- bard, James Boosy, Mr. Hill, Mr. Stoughton.
The Constables of Hartford were fined 2s. 6d. for not return-
4*
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PUBLIC RECORDS
ing their warrants according to order, being much favoured in regard it was the first tyme and one of them sicke.
Mr. Wells, Mr. Hill and Mr. Ward were intreated to auditt the last Tres'rs acco.
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