USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 34
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These vndrwritten are voted to be put to nomination at ye next Court of Election, in May ; Mr. Campfield, Edward Gris- wold, Mr. Bond.
This Court doth establish and ratifie the former order sent out by the Assistants respecting the Indians, in regard of ye in- fection of ye Pox.
[180] AT A GENERALL ASSEMBLY OF ELECTION, HELD AT HARTFORD, MAY 14, 1663 .* Magistrates elected : John Winthrop Esqr, Gouernr.
John Mason Esqr, Dep: Gour.
Mr. Mathew Allyn, Mr. Dan11 Clarke, et Sec'y,
Mr. Samll Willys,
Mr. John Allyn,
Mr. Nathan: Gould, Mr. Baker,
Mr. Rich: Treat,
Mr. Shermon,
* The record of this and the subsequent sessions, as far as published in this Volume, are in the hand writing of Mr. John Allyn.
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399
OF CONNECTICUT.
Capt Thomas Toppin, Mr. Howell, Capt John Talcot, et Treasurer. Mr. Thirstan Rayner.
Mr. Woolcott,
The freemen vote that the Generall Assembly shall choose Comissioners for this Corporation for the year ensuing.
Deputies :
Mr. Wadsworth, Jehue Burr,
James Rogers,
Mr. Fitch,
Cornelius Hull,
James Morgan,
Capt Nubery, Richard Olmsteed, Hugh Caulkin,
Lnt Walter Fyler,
John Gregory, Thomas Tracy,
John Nott, John Clarke, Joshua Barnes,
SamIl Boreman, Robert Chapman,
Philip Groues,
Anthony Howkins, Robert Warner,
Joseph Judson,
Thomas Judd, Nath: White,
This Court doe make choice of or Honoured Gouernour & Capt John Tallcott to be Comissioners for this Colony, for the year ensueing, and Lnt John Allyn is chosen as a reserue to Capt John Tallcott, and ye Secretry Mr. Danll Clarke to be a reserue to or Honoured Gouernour, to attend that seruice, if the Comissioners by accident faile of goeing.
This Court being sencible of the great charge that this Colo- ny is at, by the Perticuler Courts attending the tryall and issue- ing of those differences and actions as are presented to their consideration, doe therefore order, that for the future, whateuer actions are comenced to be tryed by a Jury, and are not wthdrawn one day at least before the Court, there shall be payd for euery such action six shillings, (besides what is due by order, to the Secretry & Jury,) for the use and improvement of the Court that tries the cases, for the discharge whereof the plaintife shall procure a receipt under the hand of that ordinary keeper or inhabitant that prouides for the Court, which receipt shall be deliuered unto ye Secretary or Recorder of the Court, wherby the Court may be sattisfyed that they haue credit giuen for so much wth the sayd ordinary keeper. And there shall be in like manner, two shillings allowed for each action that is to be issued by the Magistrates or Commissioners. And likewise, whateuer fine is imposed by any Court for delinquency in any person, there shalbe so much of the fine abated from the Publique [181] Treasurie as may fully compleat the discharge | of the
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Courts expences, wth the ordinary keeper or inhabitant that prouides for them.
There being complaint made to this Court of the unsetled state of the plantation of Sowth-hold, by the ill cariage of seuerall persons there, This Court haue therefore desired and appoynted the Worp]] Mr. Mathew Allyn and Mr. Willys, to goe to Long Island, to tak in assistance of the Magistrates at Long Island, in setleing affayres at Sowth-hold, and in examin- ing the case respecting Mr. Wells his reuolt since he took oath to this Gouerment ; and any other matters, either in setleing the peace of that Plantation or proceding against such as mis- demeane themselues, according to their deserts.
Mr. Bond is chosen Comissioner by this Court, and he is hereby inuested wth magistraticall power on the Island.
It is ordered, that three pownds be allowed to the three Plan- tations of Stratford, Fayrefeild and Norwalke, towards the charge of the transportation of their Corne to New London, which sume shall be allowed out of the next Country Rate, and that the rest of the charge for those Townes be payd by the sayd Townes according to order of Court in March last, which is to be aded to the proportion of the country rate imposed upon those three Townes.
This Court doth order, that the charge of keeping Court since March, 61-62, wthin the plantations of Fayrfeild, Stratford and Norwalke, which remaines yet to be sattisfyed for, It shall be borne by the Colony in a generall way. The cost of the last Court held at Stratford is comprized in this order. And this Court doth order and hereby graunt, that there shall be liberty to keep Court at Fayrfeild, for the plantations on the seaside, once a year, unles exterordinary occation call for one more in the year. The time of their sett Court is the first Wedensday in Nouember yearly.
This Court doe order & appoynt Mr. Bruen, Mr. Chapman and John Smith, of New London, a Committee to hear and de- termine the differences betwixt the Indians at Niantick and the English, respecting burning their fence, or any other complaints presented to them respecting those Indians.
This Court doth impower Mr. Toppin, Mr. Gould, Mr. Sher- mon and Mr. Howell as a Comittee to hear and consider the
At a fession of the Gent of drugs: 1883
Assembly holden at Hartford the 19th
That Court both defire that those Friends appointed to keeps The (Parter, to allfo receive the duplicate Into their Custody & keep It in Behalf of the freemen of this Corporation; & the Worship full Pournous is desired to deliver the duplicate to the said Fremd or either of them ;:
This Purt roth Nominate & appoints the Dip: Governo. m Willys mª Don't Clarke & John Allyn or any three or a of them to be a Committe to treat with " honoured fremos of N: Hauen, milford, Branford & gilford about getting their union & Incorporation with this Colony of Connecticut, if they are Impowered to act according to the Instruc tions given to the Comitte sent to New Haven in March laft,
John Allyn Security a
(1663_1665.)
401
OF CONNECTICUT.
busines respecting Hamonossitt, and to make reporte of their considerations to ye Court ; and likewise the case of the horss in Nicholas Clarkes hand is left according to the premises to the consideration of the sayd Comittee.
This Court doth determine that Jonathan Gilberds Butt of Wine, seazed for the Countrey, to be according to the lawe established forfeited to the Countrey.
This Court doth establish Jeramie Adams to be Custome Master for Hartford, and the liberty graunted unto Jonathan Gilbert by the Perticuler Court, is repealed, respecting custome- ing his owne wines, liquers, &c.
Whereas this Court, upon the request of Henry Walkely, Attourney to James Wakely, to release the sayd Henry from [182] attending the order || of the Court respecting the sayd estate, these are to declare that this Court doth release the sayd Henry from attending the sayd order, and haue returned to him the letter of attourney granted unto him from James Walkely, and the estate remaines to be ordered according as the Perticuler Court haue prouided.
This Court doth determine that the land at Homonoscitt doth not of right belong unto the Towne of Seabroke.
This Court doth remitt ye Butt of Wine to Jonathan Gilbert that was seized on of his, in behalfe of ye Countrey, & the Marshall doth engage to pay the Custome & to pay 20s. towards ye expence that hath been occasioned therby to ye Countrey.
Wm. Edwards chargeth Mr. Daniell Clerk, for breach of his oath, unfaithfullnesse in ye great trust committed to him by the freemen of this Corporation, to the dishonour of God, infring- ment of ye royall perogatiue of our Soueraign Lord the King, contempt of ye authority established in this Corporation, & abuse of the members of ye same, to such censure as he shall make appeare according to the lawes established in this Corpo- ration.
Mr. Anthony Hawkins is chosen Commissioner for ye Towne of Farmington, and sworn in Court; Capt Seely is chosen Commissioner for ye Town of Huntington and sworn in Court; and also, Mr. Jonas Wood is chosen a Commissioner for the said Towne, and Capt Seely is to giue him his oath.
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PUBLIC RECORDS
Capt John Young is chosen Commissioner for the Town of Southhold, and sworne in Court; and Barnabas Horton is also chosen a Commissioner for Southhold, and Capt Young is to administer the oath unto him.
This Court hath chosen Mr. Bruen and John Smith, Com- missioners for ye Town of New London, and the Worshipll Major Mason is by this Court requested to administer the Com- missioners oath unto them.
These may sertify that we Richard Olmstead and Joseph Judson and John Banks, being appoynted by the Generall Court at Hartford to run the line between Stratford and Fairefeild, we accordingly haue begun at the usuall place agreed upon by ye two Townes, and haue run almost two poynts from the North poynt towards the Norwest, and run and measured to the extent of twelue miles, and also haue run the due cross line at the end, which line runs on the South side of a spruse swamp commonly called Monhantik, and so ends at the mouth of ye Brook commonly called by the English the half way Brook, being aboue Pagasitt. Witnesse our hands, this 22 of Nouember, 1662. Richard Olmstead, Joseph Judson, Joseph Banks.
This was ordered by the Court to be recorded in the Records of the Court.
This Court orders, that Dorathy Lord shall maintaine so much fence (and no more) as doth belong to that proportion of meadow as was graunted to her and her husband by graunt from ye Towne of Hartford.
This Court repeals the order prohibiting commerce wth the people in or about the Manhatoes.
[183] The differences at Southhampton about the land at Quaganantick, is referred to the determination of the Court in May next, and they are to improue the mowing land as former- ly, till the case be issued.
This Court orders, that no person in this Colony shall buy, hire or receive as a gift or mortgage, any parcel of land or lands of any Indian or Indians, for the future, except he doe buy or receive the same for the use of the Colony or the benefitt of some Towne, with the allowance of the Court.
This Court doth inuest Capt John Young and the rest of the Commissioners on the Island, with Magistraticall power upon the Island.
403
OF CONNECTICUT.
This Court doth order, that all that are Freemen upong Long Island, and haue not taken the oath of a Freeman, shall haue the oath of a Freeman administred to them by the Magistrates and Commissioners of the Island, or any two of them.
This Court haueing' heard and considered the controversie between Leiut Rob: Sealy and the Town of Stratford, doe judge that the Towne of Stratford shall pay unto the said Sealy 25l. in some currant pay, and he to make ouer all his right and title in the lands there, to the said Towne, whether his right there be fro gift of the Towne or Indians or any other wayes; and this to be a finall issue of the controversie, each man bearing his owne charge.
This Court, haueing presented to their consideration the tur- belent carriage of Rich: Latten, doe order, that in case the said Latten do not depart the Towne of Huntington by October next, he shall be summoned to appear to answer the complaint of the said Towne, at October Court ; and the Commissioners are to take the testimonyes that concern the complaint, and send them up wth the said Latten to the Court.
The Court chose Mr. Willys, Mr. Gould, Capt Tallcott and Capt Young as a Comitte to consider and draw up there thoughts and apprehensions conserning the setlement of West- chester & Stanford, and make return to the Court.
This Court doth declare, that notwithstanding the uncomfort- able debates that haue been respecting the Major, that the Major stands clear and is in a fitt posture to carry on the affaires of the Court, which this Court doth desire and request him forth- with to attend, according as his place requires.
It is ordered by this Court, that for ye future, each Plantation hath hereby liberty to send their Deputyes to the Generall As- semblies in May and October, according to the tennour of the Charter, and they are not to expect any farther notice to minde them of their liberty herein, and the Deputies are to bring serti- ficates with them from the Constables, to manifest their choyce.
It is ordered by this Court, that the Constables in each Plan- tation are hereby impowred to charge the watch and ward in the respectiue plantations, in the name of the authority here establisht, duely to attend there watch and ward, by walkeing in such places where they may best discouer danger by the
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PUBLIC RECORDS
approach of an enemy or by fire, which if they do discouer, they are to giue notice thereof by fireing their guns and crying Fire, Fire, or Arm, Arm. And in case they meet with any persons walking in the streets unseasonably, they are to examine them, and in case they cannot giue a good accompt of their occasions, they are to returne them to the Constable, who is to require them to appeare before a Magistrate or some Assistant, to giue an accompt of their unseasonable walking.
[184] It is also ordered, that the watchmen shall duely attend to receive their charge, at the Constables, in the evening by the shutting in of the day light, and they are not to leaue their watch before the break of the day, and whosoeuer shall be found guilty of the breach of this order shall forfeit 1s. for euery de- fect herein.
This Court ordered that Wm. Waller, as Renol Maruens agent, should be allowed one quarter part of this bill of 50l. as his part of the horses, and Mathew Griswold is not to trouble Wm. Waller or Renold Maruen, for any part of those horses for which the bill is made.
The petition of Mrs. Cullicke was this day read ; and the Court voted, that they did not see cause to make any abate- ment of ye said bill, according as she petitioned .*
This Court appoynted Wm. Wadsworth, Ens: Auery, Lnt Smith, as a Committe to veiw the lands at Homonoscitt, and if they judg it be nott fitt for a plantation, and will not be uery prejudiciall to Saybrook, then they are to lay it out to Mr. Math: Allyn, Capt Tallcott, John Allyn, Mr. Willis, and ac- cording to the graunt of the Court; but if it be prejudiciall to Saybrook, they are to lay out what they judge right to the Towne of Saybrook and the rest to Mr. Math: Allyn, Capt Tallcott, John Allyn, Mr. Willys, Mr. Joseph Haynes or Mr. Daniell Clerk, according as the Court shall determine, as farr as it will go, according to their graunts, ye 1st graunt to be layd out 1st, and so successiuely ; and what any two of this Com- mitte agree to, shall be a finall issue of the case. The time of meeting and attending this seruice is to be appoynted by Say- brook and the Gent: concerned, sometime in June next.
* See Appendix, No. XI.
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OF CONNECTICUT.
The Court in answer to the request of Thomas Forde, which was to haue some allowance in respect of his land sold to Mr. Fitch, which the said Forde forfeited to the Countrey by mort- gage, they graunted him the sume of thirty pownds.
This Court appoynted Mr. Wyllys and as a Comittee to draw up a letter and send it to the Generall Court of the Massachusetts, about Paukatuck, as an answer to the letter sent to us from their Councill .*
The Court haueing considered the complaint of Wm. Edwards against Mr. Clark, and hauing seriously considered the case, do find him so far falty as to put him out of the Secretary's place untill the next Election Court.
This Court appoynts Thomas Minor, Math: Griswald and Wm. Waller, or any two of them, as a Comitte to hear the case depending twixt Uncass and the Inhabitants of N: London, respecting lands, and to make report to the Court in October next, what they find in the case. This they are to attend be- tween this and the end of June next.
This Court remitts Cary Latham and Mr. Duglas fine, wch was imposed upon them by the Court in March, for there trans- gression in making their list.
This Court orders, that Rob: Usher and John Meggs shall continue in the place and office of a Constable ouer those that haue submitted to this Gouerment in there respectiue Planta- tions, untill the Court see cause to alter otherwise, and all those that haue submitted are to attend the former order made in Oc- tober Court last.
The Court uoted, that they would not send the Patent nor coppy thereof to be read at New Hauen.
[185] This Court orders, that the letter drawne up by the Committe to the Manadoes, be drawn out fair, and sent to the Lord Stephenson, t and signed by the Secretary in the name of the Court, as allso the letter to West Chester.
This Court orders Mr. Willys and John Allyn to draw up a Letter to the Gen11 Court of ye Massachusetts, in refference to Pawkatuck & Mistick, and to desire a return.
* The letter from Massachusetts, (of Mar. 8, 1662-3,) and the reply of the Committee are in "Towns & Lands," Vol. I, Nos. 44 & 45.
+ Stuyvesant.
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PUBLIC RECORDS
This Court appoynts Lnt Rob: Sealy to be the cheife miletary officer in Huntington, to exercise theire trained souldiers.
This Court ordered that Capt John Young should haue 5l. allowed him for his seruice on the Island last year.
This Court ordered that Richard Pontons charge at Hartford should be born by the publike Treasury.
This Court orders that Southhold shall haue and enjoy the same priuiledges as Southhampton doth by uertue of their com- bination.
This Court chose Lnt John Allyn, Secry for the Colony, un- till the next election, and he was sworn in Court.
This Court graunts unto the Major or Worpll Dep'ty Gou- · ernr, 500 acres of land for a farme, where he shall chuse it, if it may not be prjudiciall to a plantation allready sett up or to sett up, so there be not aboue 50 acres of meadow in it.
The Court orders that those freemen that were presented to the Court in October, from Norwidge, shall be accepted and sworn by or Worpll Deputy Gour.
'The Court orders Mr. Math: Allyn and Mr. Willis to write to Setawkit, and settle businesse there, according as they judge best.
The Court also accepts of those freemen prsented from N: London, and orders Mr. Bruen to administer the oath unto them, whose names are Samll Roggers, Miles More, Mihell Rice.
The Court is adjourned untill the 3d Wedensday in Augst, unless the Gour come to us sooner and see cause to call the Court together.
AT A MEETING OF THE COUNCILL, JULY 10th, 1663.
The Councill doth desire and appoynt Capt John Tallcott to go down to West Chester, and if the eleuen Queries concerning West Chester do appear to be sufficiently proued in the affirma- tiue, then the said Capt may and is herby ordered to administer the oath of a Constable unto him whome the Inhabitants shall desire and chuse to that seruice, if he approues of the person ; and he hath herby liberty to establish a Serjnt in the said Town. And it is desired that Capt Tallcott would be pleased to en- deauor to settle thinges in the Town of West Chester, in as
407
OF CONNECTICUT.
peaceable a manner as may be. The forsaid Queries are upon the file.
The Secretary allso is ordered to send a Letter to the Inhab- itants of Narraganset in the name of the Councill, and to signify to them, that Mr. Richard Smith Senr, Capt Edwd Hutchinson and Lnt Jos: Hews are appointed select men at Mr. Smiths tradeing howse ; and Mr. Rich: Smith Junr is appoynted Con- stable for the said Town, and Mr. Rich: Smith Senr is to ad- minister an oath to him for a faithfull discharge of his office.
It is ordered, that the Plantation aforesaid shall for the future be called by the name of Wickforde. The Coppy of the Letter to Wickford, hangs upon the file.
[186] AT A SESSION OF THE GENII ASSEMBLY HOLDEN AT HARTFORD, THE 19th OF AUGst, 1663.
Assist's: Maior John Mason, Dept Gour:
Mr. Mathew Allyn, Mr. Henry Woolcott, .
Mr. Samll Willys, Mr. Dan11 Clark,
Capt John Tallcott, John Allyn & Sec'y.
Deputies :
Wm. Wadsworth, Tho: Tracy, Mr. Rob: Chapman,
Capt Benj: Newbery, Lnt Walter Fyler, Samll Boreman,
James Rogers, John Nott, Mr. Jos: Fitch.
Hugh Calkin, Nath: White,
This Court doth desire that those Freinds appoynted to keepe the Charter do allso receiue the Duplicate into their custody, and keep it in behalfe of the Freemen of this Corporation ; and the Worshipfull Gouernour is desired to deliuer the sd Dupli- cate to the said Freinds, or either of them.
This Court doth nominate and appoynte the Dep: Gouernor, Mr. Willys, Mr. Danl] Clarke and John Allyn, or any three or 2 of them. to be a Committe to treat wth or honoured freinds of N: Hauen, Milford, Branford and Gilford, aboute setling their union and incorporation wth this Colony of Connecticut ; and they are impowred to act according to the Instructions giuen to the Comitte sent to New-Hauen in March last; and in case
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PUBLIC RECORDS
they cannot effect a union, they are hereby authorized publikely to declare unto them that this Assembly cannot well recent their proceeding in Ciuill Gouermt as a distinct Jurisdiction, being included within the Charter graunted to Conecticut Cor- poration ; and likewise they are publikly to declare that this Assembly doth desire and cannot but expect that the inhabit- ants of New Hauen, Milford, Branford, Guilford and Stanford do yeild subjection to the Gouermt here establisht according to the tennor of or Charter, which is publiquely to be read in New Hauen.
This Court being sencible of the great inconueniency that may com to the members of this Colony by Indians walking up and down the Towns, in the night season, to buy liquers, doe order, that whatsoeuer Indian shall be found walking up and down in any Towne in this Corporation, after the day light shut- ting in, except he giue sufficient reason, shall forfeit twenty shillings, fifteen shillings to the Publiq' Treasury, and five to the person or persons complaining and proueing the same, or else be seuerly whipt six stripes at least ; and any one Assistt or Commissioner hath power to hear and issue any such complaint. And if any Indian shall be found in the night season transgress- ing this order, the Assistts or Commissioners, or any one of them, may secure them, by setting a watch upon them or by committing them to prisson for a tryall ye next fitting oppertu- nity. This is to be published to the Indians in or about each Towne.
Wm. Blumfield appeales from the sentence or judgmt of the Court held at Hartford, June 15, 63, to the judgment and deter- mination of this Assembly.
The Comitte appoynted to view Hommonoscit, returned a writing under their hands, dated June 3, 1663, wherein they expresst that according to their best judgment it will make a comfortable plantation for the entertainment of thirty families to subsist comfortably. The Comitte were Wm. Wadsworth, Samll Smith, James Auery.
John Clow Junr presented a Petition to the Court for the planting of Homonoscitt, and engaged to pay 10s. to the Treas- ury for it,* according to order.
* i. e. for the presentation of the Petition ; according to the order of May, 1662. p. 381.
OF CONNECTICUT. 409
Corporall Marshall is to haue 27. payd him by the Treasurer and deliver the horse to the Treasurer, and this to be a finall issue of the case.
[187] This Court hauing considered Wm. Blumfeilds appeale, wth the [ ] therof, doe order that Mr. Rogers shall pay unto Blumfeild the summ [ ] pounds in currant pay,
and Mr. Rogers to keep the mare and bull and [ ] as his proper estate, and discharge Mr. Louelands debt and pay the cost [of this] Court, and the first Court his case was in tryal. Blumfeild is to pay the char[ges of] the special Court .*
This Court orders the Secry to draw out the letter which was read in the [Court.] and subscribe it in the name of the Court, and send it to Capt Hutchinsont and his [ ]
This Court haueing considered the request of Tho: Forde, by their vote d[eclare] that they see no cause to give Goodman Forde the six pownds od, that he d[esires] in refference to his land at Podunck, now in Mr. Jos: Fitches hand.
This Court orders, that the land at Homenoscitt be reserved for a plantation.
This Court orders that the planting of Homonoscit be reffered to October Court.
AT A SESSION OF THE GENERALL ASSEMBLY AT HARTFORD, [OCTOBER] THE 8th, 1663.
John Winthrope Esqr, Gour.
Major John Mason Esqr, Dep:
Mr. Math: Allyn, Mr. Henry Woolcott,
Mr. Samll Willys, Mr. Dan11 Clarke,
Mr. Rich: Treat, John Allyn,
Capt John Tallcott, Mr. Sherman.
Deputies : Mr. Wm. Wadsworth, Capt Ben: Nubery, Mr. Jos: Fitch, Lnt Walt: Fyler, Samuel Boreman, John Nott,
* The corners and outer margins of the two leaves of the original record, paged 187 to 190, are much worn and defaced. On pages 187 and 189, the whole or a part of the words termi- nating each line is torn off, or has become illegible.
t A letter from Capt. Hutchinson and the other proprietors of the Narragansett lands, with a copy of the reply from the General Court, are in " Colonial Boundaries," Vol. I. Nos. 9 & 10.
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Mr. Anthony Hawkins, Thomas Jud, Mr. Jehu Bur, absent ; John Bankes, Philip Groue, Mr. Math: Camp- feild, Nath: White, Rich: Olmsteed, absent ; Ens: Joseph Judson, absent ; Wm. Cheny, Tho: Tracy, Tho: Lepping- well, James Rogers, [James] Morgan, Mr. Rob: Chap- man, Wm. Waller.
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