USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 4
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The order of the 9º March, 1637, concerning powder and shott is renewed, and yf it be not provided by the severall Townes within 6 weeks, the penalty to be taken without any mitigacon.
Whereas there was an order of the 18th of Febr. 1638, for surveying the armor and other military provitions in each Towne once a quarter, wch hath hitherto beene too much neg- lected, for the execution hereof Mr. Spencer was now chosen for Hartford, Mr. Hill for Windsor and James Boosy for Weth- ersfeeld, and they are to begin before the last of this month : And in case any of these persons before chosen be negligent in this great trust comitted to him, he shall pay 20s. for every de- fault ; and they are to make returne of such wch they find de- fective, the nex Prticular Court after each tyme of their view, and during the tyme of this service they are freed from watch- ing, warding and trayning.
It is ordered that all the military men shall be trayned att least 6 dayes in the yeare ; the tymes are to be chosen att the discretion of the Capt., only the monthes of May, June and July are excepted vnles it be vppon spetiall occation.
The Tresurers acco being audited, the Country was found indebted to him 16l. 10s. 6d.
Mr. Governor, Mr. Deputy and Mr. Wells, or any two of them, are intreated to goe to the Rivers mouth to consult with Mr. Fenwicke about a treaty of combinacon wch is desi[red] againe to be on foott with the Bay.
The occations of the Comonwealth being taken into consid- eracon, it was thought fitt and ordred that a Rate of 100L. be made in these plantacons, and Mr. Talcott, Mr. Hull and Mr. Tapping are intreated to prportion it vppon the several planta- cons, to be payd in, the one halfe within [one] month and. the other within 3 monthes.
The Court is adiorned till the 15 of this month.
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OF CONNECTICUT.
[26]
AUGUST THE 15º, 1639.
A MEETING OF THE GENERALL COURT, wch WAS ADIOURNED UNTILL THIS DAY.
Mr. Deputy declared that he with Mr. Wells and Mr. Hooker had repayred to Mr. Fennicke according to the direc- tion of the Court, whom they found every wayes sutable to their minds, and in prticular for the present agitacon with the Bay he is willing the State here should prceed to a mutuall agree- ment for an offenciue and defenciue warr and all other offices of loue, but desires that matters of Bounds may be respitted vntill he vnderstand further the minds of the rest that are equally interested with him in the patent of the River. Vppon consideracon hereof, Mr. Governor was intreated to write an answere to Mr. Winthropp that the Court is very ready and willing to entertaine a firme combinacon for a defenciue and offenciue warr, and all other mutuall offices of loue and friend- shipp, according to the propositions formerly agreed, wch are the desires also of Mr. Fennicke with whom they haue con- sulted in the case. But the matter of bounds he desires may be a little respited vntill he haue opportunity to intimate his owne apprehensions, or some others who have equall interest with himselfe arriue in these Coasts, whom he hopes to see the next spring.
Mr. Tresr. had order to call in for all the fines due to the Cuntrey, and for such monyes as are due from the traders for Bevar.
The manifold insolencyes that haue beene offered of late by the Indians, putt the Court in mind of that wch hath beene too long neglected, vizt, the execution of justice vppon the former murtherers of the English, and it was vppon serious con- sideracon and debate thought necessary and accordingly de- termined, that some speedy course be taken herein, and for effecting hereof it was concluded that 100 men be levyed and sent downe to Mattabesecke, where severall guilty persons re- side and haue beene harbored by Soheage, notwithstanding all meanes by way of persuation haue beene formerly used to him for surrendring them vpp into or handes; and it is thought fit that these counsells be imparted to or friends att Quinnipi-
-
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PUBLIC RECORDS
[ocke] that prvition may be made for the safety of the new plantacons, and vppon their ioynt consent to prceede or desist.
The 100%. rate was layd vppon the severall Townes in this prportion ;
Hartford, 431. 00 00
Windsore, 28 06 8
Wethersfeild, 28 13 4
100 00 0
The Courte was adiorned to the 26 of this month.
AUGUST THE 26°, 1639. [27]
Mr. Webster informed the Court that according to the deter- minacon of the last meeting, Mr. Deputy, Mr. Willis and him- selfe acquainted or freinds of Quinnipiocke with their purposes concerning the murtherers, and desired the concurrence of their apprehensions therein, who fully approving of the thing yett intimated their thoughts somewhat to differ from ors in the present execution of it, in regard of some new plantacons that are now beginning and some inconvenience wch may fall vppon these parts of the Cuntrey by a noise of a new warr, wch may hinder the coming of shipps the next yeare.
Whereas divers of the Pequatts who were given to Vncus and Antinemo haue planted againe part of the land wch was conquered by us contrary to or agreement with them, It was thought fitt and ordered, that 40 men be prportioned out of the severall plantacons and imediately sent away to gather the Corne there planted by them.
The men are prportioned for the severall Townes thus,
Windsor, 13
Hartford, 17
Wethersfield, 10
-
40
It was referred to Mr. Governor, Mr. Willis, Mr. Phelps, Capt. Mason and Mr. Ward, to agitate this businesse and bring it to an issue with what speed may be, and they haue power to presse 20 armes, 2 shallopps and 2 Canowes, for this service.
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OF CONNECTICUT.
It was concluded that there be a publique day of thanksgiving in these plantacons vppon the 18th of the next month.
This Court is dissolved.
SEPT. the 5th, 1639.
Jno. Haynes Esqr. Govr.
Mr. Hopkins, Mr. Wells, Mr. Phelps, Mr. Webster.
Richard Lyman complayneth against Sequassen for burning vpp his hedge wch, before Mr. Governor, formerly he prmised to satisfy for, but yett hath not done it. Sequassen appeared and prmised to pay within 4 dayes, or elce an attachment to be graunted.
Edward Hopkins compt. in behalfe of Mr. Jno. Woodcocke, against Fr. Stiles, for breach of Covenants, in 500l.
Mr. Stiles desires respite till the next Court in regard of wit- nes in the Bay : Graunted.
Jno. Moody contra Blachford, for a fowling peece he bought and should have payd for it 40s. pr bill of. The Jury find for the pl. 41 damages, costs 6s.
Ric. Lord against Thomas Allen for 40s. debt. Mr. Allen appeared not. Mr. Spencer witnessed that he borrowed 40s. in the Bay, of Ric. Lord and prmised to repay it here. 2s. 6d. graunted for costs and an attachment vppon his goodes.
Fr. Stiles contra Jno. Woodcocke in an action of debt for 2 hhds malt & a hhd of meale.
[28] Samuel Ireland was fined 10s. for contempt of ye Court in not appearing vppon a warrant served vppon him. Vppon his submission he payd 5s. & was acquitted.
Thomas Gridley of Windsore was complayned of for refusing to watch, strong suspition of drunkennes, contempteous words against the orders of Court, quarrelling and striking Mr. Stiles his man : he was censured to be whipt att Hartford and bound to his good behavior. He entred a recognizance of 10l. for his good behaviour.
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PUBLIC RECORDS
OCTOBER THE 3d, 1639.
Mr. Haynes, Mr. Ludlow, Mr. Willis, Mr. Wells, Mr. Webster, Mr. Phelpes, Mr. Hopkins.
Edwa. Hopkins contra Fr. Stiles, in behalfe of Jno. Wood- cocke, in an accon for breach of Covenants. Covenants prdu- ced. The Jury find that the deft. hath in his hands 807. and 150l. for the purchase of the house, and for not taking in 400 acres of ground according to Bargaine, that Mr. Stiles should take the house backe againe and repay backe the 230l. with 70l. damages : costs 10s .*
It is ordered that the souldiers for the last exploit shall be payd for 9 dayes, att 2s. pr day, the mony to be payd to the Constable of every Towne and he to deduct the cost of the provitions he pressed for them.
SEPT. THE 10th, 1639. A GENERALL COURT.
Jno. Haynes, Esqr.
Mr. Willis, Mr. Hopkins, Mr. Wells, Mr. Webster, Mr. Phelps.
Comittees : Mr. Steele, Mr. Talcott, Mr. Spencer, Jno. Pratt, Mr. Gaylord, Capt. Mason, Mr. Hill, Mr. Hull, Mr. Tapping, Mr. Ward, James Boosy, George Hub- bard.
The Constables of Windsor were fined 5s. for not returning the warrant of the Comittees that were chosen for that Towne.
Mr. Deputy was fined 5s. for being absent.
Mr. Hopkins, Mr. Wells, Mr. Steele and Mr. Spencer were intreated to ripen some orders that were left vnfinished the former Court, as about prvition of settling of lands, testaments of the deceased, and recording spetiall passages of Prvidence.
The Court was adiorned vntill the second thursday in the next month, vnlesse spetiall occations occurr to call it sooner.
* An imperfect record of this trial and verdict is made at the bottom of page [25.]
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OF CONNECTICUT.
[29] OCTOBY THE 10th, 1639. A SESSION OF THE GENERALL COURT.
Mr. Deputy informed the Court that he hath vnderstood since his returne, offence hath beene taken att some of his prceedings in his late jorney to Pequannocke, and the parts thereabouts : he therefore desired to make knowne what had beene done by * him therein, wch was this ; Att his coming downe to Quin- nipiocke the hand of the Lord was vppon him in taking away some of his Cattle, wch prevented him in some of his purposes there for selling some of them : Afterwards att his coming to Pequannocke he found cause to alter his former thoughts of wintering his Cattle there, and vnderstanding that the begin- nings of a Plantacon beyond that was not caryed on according to the agrement made with those who were interessed in order- ing the same, and that by some things wch appeared to him, his apprehensions were that some others intended to take vp the sayd place, who had not acquainted this Court with their pur- poses therein, wch might preiudiciall to this Comon wealth, and knowing himselfe to be one of those to whom the disposal of that plantacon was comitted, he adventured to drive his Cattle thither, make provition for them there, t and submitts himselfe to the Court to judge whether he hath transgressed the Comis- sion or nott.
The Court taking the premises into consideracon, did vnani- mously conceaue that his proceedings could not be warranted by the Comission, nor can he be excused of neglect of his duty, that he had not given notice to these plantacons of what he did, notwithstanding his allegations of the inconveniences wch oth- erwise might have accrued ; yett that the thing may fully ap- peare as it is, and matters ordered in a comely mañer, It is conceaued fitt that a Comittee be chosen to repaire thither and take a view of the aforesayd occations, and yf in their judgments both persons & things settled by him be soe as comfortably be confirmed, they may remayne as they are, or otherwise altered att their discretions ; and they are to report things how they find them, to the next Generall Court, that then a full issue may
* [Margin] "Mr. Ludlow his Apology for taking vp Vncoa ;"
t [Margin] "and to sett out himselfe and some others house lotts to build on there."
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PUBLIC RECORDS
be given to the matter in hand, as things shall then appeare ; and Mr. Governor and Mr. Wells were intreated to attend this service, and they are desired to conferr with the planters att * Pequannocke, to give them the oath of fidelity, make such free as they see fitt, order them to send one or two deputyes to the two Generall Courts in September and Aprill, and for deciding of differences & controversies vnder 40s. among them, to prpound to them & give them power to choose 7 men from among themselues, with liberty of appeale to the Court here ; as also to assigne Srieant Nicholls for the present to trayne the men and exercise them in military discipline ; and they are far- ther desired to speake with Mr. Prudden, and that Plan[tacon] that the difference betweene them and Pequannocke plantacon may be peaceably decided, and to this end that indifferent men may be chosen to judge who have most right to the places in controversy and most nead of them, and accordingly determined as shall be most agreeable to equity and reason.
[30] It is ordered that Mr. Willis, Mr. Webstr and Mr. Spen- cer shall review all former orders and lawes and record such of them as they conceave to be necessary for publique concerne- ment, and deliver them into the Secretaryes hands to be pub- lished to the severall Townes, and all other orders that they see cause to omitt to be suspended vntill the Court take further order.
Mr. Fenwicke, Mr. Whiting, Mr. Hill and Mr. Ward are nominated by the Court to be presented to the vote of the Cuntrey for magistratts att the Court in Aprill next, prvidet Mr. Fenwicke and Mr. Whiting shall be freemen by that tyme.
The Townes of Hartford, Windsore and Wethersfield, or any other of the Townes within this jurisdiction, shall each of them haue power to dispose of their owne lands vndisposed of, and all other comodityes arysing out of their owne lymitts bounded out by the Court, the libertyes of the great River ex- cepted, as also to choose their owne officers, and make such orders as may be for the well ordering of their owne Townes, being not repugnant to any law here established, as also to im- pose penaltyes for the breach of the same, and to estreat and levy the same, and for non-payment to distrayne, and yf there
" [In margin] " Gou'r & Mr. Wells.sent to Peq."
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OF CONNECTICUT.
be noe personall estate, to sue to the Court to sell his or their house or land, for making satisfaction. § Also each of the afore- sayd Townes shall haue power by a generall consent once every yeare to choose out 3, 5 or 7 of their cheefe Inhabitants, where- of one to be chosen moderator, who having taken an oath pro- uided in that case, shall haue a casting voice in case they be equall; wch sayd prsons shall meett once in every 2 monthes & being mett together, or the maior part of them, whereof the moderator to be one, they shall haue power to heare, end and determine all controversies, eyther trespasses or debts not ex- ceeding 40s. provided both partyes live in the same Towne ; also any two of them or the moderator may graunt out sumons to the party or partyes to come to their meetings to answere the actions ; also to administer oath to any witnesses for the clearing of the cause, and to giue judgment and execution against the party offending. But yf eyther party be grieved att the sentence, he shall haue liberty to appeale to a higher" Court, prvided it be before judgment and execution be graunted. But yf it fall out there be noe ground for the appeale, the Court to confirme the judgment and giue good costs, and fine or pun- ish the prty appealing.
The Townes aforesayd shall each of them prvide a Ledger Booke, with an Index or alphabett vnto the same : Also shall choose one who shall be a Towne Clerke or Register, who shall before the Generall Court in Aprill next, record every man's house and land already graunted and measured out to him, with the bounds & quantity of the same, and whosoever shall neg- lect 3 monthes after notice given to bring into the sayd Towne [31] Clerke ||. or Register a note of his house and land, with the bounds and quantity of the same, by the nearest estimacon, shall forfeit 10s. and soe 10s. a month for every month he shall soe neglect. The like to be done for all land hereafter graunted and measured to any ;* and all bargaines or morgages of land whatsoever shall be accounted of noe value vntill they be re- corded, for wch entry the Register shall receaue 6d. for every parcell, delivering every owner a coppy of the same vnder his hand, whereof 4d. shall be for himselfe and 2d. for the Secretary of the Court. And the sayd Register shall, every Generall
* [In margin ;] " Heere insert so much ye printed booke fol: 24 : from A : to B :"
5
38
PUBLIC RECORDS
Court, in Aprill and September, deliver into the same a tran- script fayrely written of all such graunts, bargaines or ingage- ments recorded by him in the Towne Booke, and the Secre- tary of the Court shall record it in a booke fayrely written prvided for that purpose, and shall preserue the coppy brought in vnder the hand of the Towne Clerke. Also the sayd Towne Clerke shall haue for every serch of a parcell 1d. and for every coppy of a parcell ijd ; and a coppy of the same vnder the hands of the sayd Register or Towne Clerke and two of the men chosen to governe the Towne, shall be a sufficient evidence to all that haue the same.
After the death and decease of any person possessed of any estate, be it more or lesse, and who maketh a will in writing or by word of mouth, those men wch are appointed to order the affayres of the Towne where any such person deceaseth, shall within one month after the same, at furthest, cause a true In- ventory to be taken of the sayd estate in writing, as also take a coppy of the sayd will or testament and enter it into a booke or keepe the coppy in safe custody, as also enter the names vppon record of the Children and Legatees of the Testator or deceased prson, and the sayd orderers of the affayres of the Towne are to see every such will and Inventory to be exhibited into the publique Court, within one quarter of a yeare, where the same is to be registered ; and the sayd orderers of the affayres of the Towne shall doe their indeauour in seeing that the estate of the Testator be not wasted nor spoyled, but improved for the best advantage of the Children or Legatees of the Testator, accord- ing to the mind of the Testator, for their and euery of their use, by their and every of their allowance and approbacon. But when any prson dyeth intestate, the sayd orderers of the affayres of the Townes shall cause an Inventory to be taken, and then the publique Court may graunt the administracon of the goodes and Chattells to the next of kin, jointly or severally, and divide the estate to wiefe (yf any be,) children or kindred, as in equity they shall see see meet; and yf noe kindred be found, the Court to administer for the publique good of the Comon, prvided there be an Inventory registered, that yf any of the kindred in future tyme appeare they may haue justice and equity done vnto them ; and all charges that the publique Court or the orderers
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OF CONNECTICUT.
of the affayres of the Townes are att about the trust comitted to them, eyther for writing or otherwise, it is to be payd out of the estate.
Within 20 dayes after the end of this Court, the Secretary shall provide a coppy of all the penall lawes or orders standing in force, and all other that are of generall concernement for [32] the | governement of the Comonwealth, and shall giue direction to the Constables of every Towne to publish the same within 4 dayes more, att some publique meeting in their severall Townes, and then shall cause the sayd lawes and orders to be written into a booke in their severall Townes, and kept for the use of the Towne, and soe for future tyme for all lawes or orders that are made as aforesayd, each session of the Generall Courts ; and once every yeare the Constables, in their severall Townes, shall read or cause to be read in some publique meet- ing all such lawes as then stand in force and are not repealed ; and the Secretary of the Court shall haue 12d. for the coppy of the orders of each session of every generall Court, from each of the Townes.
Also, the Secretary of the Court shall have xijd. for every ac- tion that is entred, to be payd by him that enters the action, and he that is cast in the suit to allow it in costs.
Whatsoever member of the generall Court shall reveale any secrett wch the Court inioynes to be kept secrett, or shall make knowne to any prson what any one member of the Court speaks concerning any prson or businesse that may come into agita- con in the Court, shall forfeit for every such fault ten pounds, and be otherwise dealt withall, at the discretion of the Court. And the Secretary is to read this order att the beginning of every generall Court.
For the better keeping in mind of those passages of Gods prvidence wch haue beene remarkable since or first undertaking these plantacons, Mr. Deputy, Capt. Mason, Mr. Stone, Mr. Goodwine, Mr. Chapleyn, and George Hubberd, are desired to take the pains severally in their severall Townes and then ioyntly together, to gather vp the same, and deliver them into the generall Court in Aprill next, and yf it be judged then fitt, they may be recorded ; and for future tymes whatsoever re- markable passages shall be, yf they be publique, the sayd partyes
40
PUBLIC RECORDS
are desired to deliver in the same to the generall Court. But yf any prticular prson desires to bring in any thing, he shall bring it vnder the handes of two of the aforementioned prtyes that it is true, and then present it to the generall Court, that yf it be there iudged requisite it may be recorded ; provided that any generall Court for the future may alter any of the partyes beforementioned or add to them as they shall iudge meet.
The Court was dissolved.
[33]
NOVEMBY THE 7th, 1639. A PITICULAR COURT.
Jno. Haynes Esqr., Mr. Wells, Mr. Webster, Mr. Phelps.
Richard Gildersley contra Jacob Waterhouse, in an action of debt. Jury find for plf. 147. 18s. 9d. Costs & damages 6s. Jacob Waterhouse contra Ric. Gildersleeue, in an action of debt. The Jury find for the plf.
For a hogg, 21. 0s. 0d.
Damages, 1. 17. 4.
Costs of suite, 0. 6. 0.
3. 17. 4.
The Court adviseth vpon informacon given that the levying of Mr. Michell his fine be forborne vntill the next Generall Court.
The Court admitteth the relict of Jno. Brundish of Wethers- field deceased to be Administratrix for the use of her and her children .*
DECE. THE 5th, 1639. A PITICULAR COURT.
Jno. Haynes Esqr., Roger Ludlow, Mr. Hopkins, Mr. Willis, Mr. Wells, Mr. Webster, Mr. Phelps.
Richard Westcoat contra Jno. Plum, in an action of tres- passe, to the value of 10l. The Jury find for the plf. 6 Bush- ells of Corne : costs of suit 12s.
* An Inventory of the estate of John Brundish is recorded at page [70]
January. Ho 16h, Gary a youwall Mount.
Governo? informed the Sound that the orration of rollen
jeto. of everyone fold who do fined to pau flor an
to by
monowning genova and gowronggent
wok around
ent burger and tooka. a vion
Show boord an moyen ono ron comarca -
Pan ternget fit
By toom to rowferme
Educa Hopkins
(Secretary, 1639_1640.)
41
OF CONNECTICUT.
Jno. Plum contra Wm. Westcoat in an action of the case, not prforming the trust of a Cowkeeper, to his damage of 201. The Jury find for the Deft .; costs 12s.
JANUARY THE 2d, 1639. A PATICULAR COURT.
Wm. Clarke, servant to Jno. Crow, was fined 40s. for misde- meanor in drinking, and corporall punishment was remitted vppon his prmise of his care for the future to avoyd such occations.
Execution was granted to Richard Westcoat.
It was thought fitt and ordered that Frauncis Norton and Thomas Coleman shall haue power to call before them such as Mr. Plum shall suggest to them, to be (as he conceaues) joint offenders in the damage layd vppon his swine in the case of Ric. Westcoat, eyther in regard of any other Cattle that were knowne to be in the sayd Corne, or weaknesse of fence, or neglects in keeping shutt any gate or gates into the sayd Corne, and yf they can with the consent of the partyes, to divide the sayd damages layd vppon Mr. Plum. But yf they agree not, to returne their opinions concerning the same into the Court.
[34]
JANUARY THE 16th, 1639. A GENERALL COURT.
Jno. Haynes Esqr., Roger Ludlow Esqr., Mr. Willis, Mr. Hopkins, Mr. Webster, Mr. Welles, Mr. Phelpes.
Comittees. Mr. Steele, Mr. Spencer, Mr. Talcott, Jno. Pratt, Mr. Hill, Mr. Hull, Mr. Gaylord, Mr. Stoughton, Mr. Ward, Thurston Rayner, James Boosy, Ric. Crabb.
Mr. Governor informed the Court that the occation of calling them together att this tyme was att the importunity of or neigh- bors of Wethersfeeld, who desired to haue some answere to their request concerning Vncoa, and therevppon he related that himselfe with Mr. Wells, according to the order of Court, went thither, and tooke a view of what had been done by Mr. Lud. low there, and vppon due consideracon of the same they haue thought fitt, vppon Mr. Ludlowes assenting to the tearmes pro- pounded by them, to confirme the same. 5*
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PUBLIC RECORDS
It is ordered both for the satisfaction of those of Hartford & Windsore, who formerly mooved the Court for some inlarge- ment of accommodacon, and also for or neighbors of Wethers- feeld who desire a plantacon there, that Mr. Phelps, Mr. Hill, Thomas Scott, Wm. Gibons, Robert Rose and James Boosy, shall as soone as with any conveniency may be, view those parts by Vnxus Sepus wch may be suitable for those purposes and make report of their doings to the Court wch is adiorned for that end to the 20th of Febr. att 10 of the clocke in the morning.
FEBR. THE 20th, 1639. A SESSION OF THE GENERALL COURTE.
Mr. Hull moved the Court in behalfe of Thomas Foard of Windsore, that in regard the workemen are much taken vp and imployed in making a bridge and meeting house with them, and his worke hendred of impaling in the ground wch was graunted him by the Court for a hogg parke, that there may be graunted him a yeare longer tyme for the fencing it in ; wch was vppon the reasons aforesayd condiscended to.
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