USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 43
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May 18th, 1641. Witness, John Warham, Ephraim Huitt.
Gyles Gibbs.
Postscript : I giue to Elizaphatt Gregory, 10 bushells of Corne, in case hee discharge the debt I gaue my worde for him to Mr. Huitt. And to Richard Wellar, I giue 40s., by 20s. a yeare, beginninge from September next.
Witness,
John Warham, Ephraim Huitt.
[269] Wyndsor, 8th Septembr, 1648.
An Inventory of the estate of SAMUELL ALLYN, late of Wyndsor, deceased. £
Imp": the howsing and homelottes, 117. ; It: 4 acres of meadow, 7l. 18. 00. 00
It: 15 acres ouer the great Riuer, 15. 00. 00
It: 18 acres of vpland,
01. 10. 00
It: in goodes ; one bed with his furniture, 05. 00. 00 It: two beds more, &c. 02. 14. 00
It: one pillowbeere, one table cloath and napkins, 00. 10. 08 It: his wearing apparrell, 05. 05. 00 It: 3 iron potts, 2l. 5s. ; in brass, 1l. 10s. ; in pewter, 17., 04. 15. 00.
44
506
WILLS AND INVENTORIES.
It: in hogsheads, payles, tubbs and earthen ware, 00. 19. 00 It: 2 spinning wheeles, 00. 07. 00 It: in crookes, Grid iron, fire pan and tongs, 00. 13. 00 It: his workeing tooles, 2l. 2s .; It: a muskitt and sworde, 13s., 02. 15. 00
It: a table, and forme, and other lumber, 00. 10. 00 It: in cattle ; one cowe, one heifer, 1 yearling, 12. 00. 00
It: two swynes, 04. 00. 00
Henry Clarke, Dauid Willton,
76. 18. 08
[270] The last Will and Testament of THOMAS NOWELL.
I Thomas Nowell, of Wyndsor on Conecticutt, being righte in vnderstanding and of perfect memory, in regard of my age and weaknes desiringe to sett my howse in order, as my last Will and Testament and a token of my loue and respect, doe be- queath vnto Robert Willson my kinsman, one steere and one cowe; and vnto Isable Phelps my kinswoman, one cowe. And in case my wife shall after my decease marry againe, then it is my will and Testament that at the time of marriage forespece- fied, the said Elizabeth, ouer and aboue my foresaid gifts, shall pay to the said Robert and Isable each of them, ten pownds a peece' Item, as a token of my loue, I bequeath vnto my wife Elizabeth all the rest of my estate in goods, debts or dues of what kinde soeuer, to her full and finall dispose as shee shall see best; as allso I bequeath vnto her my dwelling howse, with all my lands thereto prtaininge in Wyndsor aforesaid, for and during the tearme of her life. And after her decease, as a token of my love, I bequeath my said howse and land vnto Christopher Nowell, son of Edward Nowell, of Wakefield, in Yorkshire in England, deceased, to him and his heires for euer. And to this my last Will and Testament, wittnes my hand, subscribed this present November 3d, Anno Domini, 1648.
Wittnes, Isable Phelps, Thomas Nowell.
Bray Rosseter.
507
WILLS AND INVENTORIES.
An Inventory of the Estate of Thomas Nowell, late of Wyndsor de- ceased, prized by vs whose names are heere underwritten, Febr. 22th, 1648.
£ s. d. ·
Imp": The dwelling howse, barne, outhowses, with the homelott, orchyard, with an addition of meadow adioining, 75. 00. 00
Item, 13 akers of meadow, 37. 10s. pr acre, 45. 10. 00
Item, 66 akers of vpland, with some additions, 03. 00. 00
In the Parlour ; Item, one standing bed, with its furniture, 17. 00. 00
Item, one trundle bed, with its furniture, 10. 00. 00
Item, one couerlitt, 4 pr of sheets, 3 pr pillow beers, 06. 12. 00
Item, 3 table cloaths, 15 table napkins, 02. 18. 00 Item, 14 yards } of new linnen, with some cotton cloath, 02. 03. 06 Item, more new cloath, 5 yards }, 00. 13. 09 Item, a cubberd, a table, a chaire, a small box, 3 stooles, 02. 10. 00 Item, 2 truncks, one chest, 17. 6s .; Item, 15 cushions, 21. 6s., 03. 12. 00
Item, 2 Bibles, and some other bookes, 00. 14. 00
Item, a pr of gold waights, 00. 03. 00
Item, his wearing apparrell, 117. 11s .; Item, 2 car- petts, 2l., 13. 11. 00
Item, in mony and plate, 34. 00. 00 [271] Item, a pewter flagon, 2 platters, 3 saltes, 2 pintes, 01. 00. 00 Item, a pr. of andirons, tongs and other things, 00. 13. 00
Item, 33 yards of kersy, 11l. 4s. ; Item, 5 yards } of searge, J7. 15s. 12. 19. 00
In the Kittchin ; Item, in Pewter,
04. 00. 00
Item, in Brass, 04. 03. 04
Item, one iron pott, one fryinge pann,
00. 12. 00
Item, 2 peeces, a př of bandleers,
01. 06. 00
Item, one broiling iron, one cleaver, 1 spittle iron, 2 spitts, one smoothing iron, one gridiron, 00. 18. 06
Item, 2 pr of andirons, fire shouell and tongs, 00. 18. 00
Item, 2 chaffing dishes, potthookes and hanging, 00. 05. 06
Item, one chaire, one prof bellowes, 7s. ; Item, 2 linnen wheeles, 6s., 00. 13. 00
In the sellar ; Item, 2 beare barrills, one butter churne, 2 Runletts, 00. 13. 00
Item, one case of bottles, one salting trough, 00. 08. 00
Item, in Porke, 27. 10s .; Item, in tubbs and other lum- ber, 1l., 03. 10. 00
In the Parlour Loft ; Item, one bed with its furniture, 05. 00. 00 Item, 7 bush: rye, 3 bush: maulte, 20 bush: pease, 04. 13. 00 Item, 22 bush: wheat, 04. 08. 00 Item, 2 sacks, 2 baggs, 1 hogshd., some old tooles, 00. 18. 06 Item, yearne, linnen and cotton, 01. 14. 00 Item, 12 yards of okam cloath, 00. 18. 00
508
WILLS AND INVENTORIES.
In the Kitchin Lofts and Garritts ; Item, 10 bush: In- dian corne, 01. 05. 00
Item, in Bacon, 01. 00. 00
Item, 1 saddle, 1 cloakbag, 1 pillion, 1 sidesaddle and pillion cloath, .
02. 06. 00
Item, 2 horse collars, and other geares, 00. 12. 00
Item, 3 pillowes, one blankitt, 01. 00. 00
Item, 3 hogshds, 2 sythes, flax, and other lumber, 02. 00. 00
In the yardes and outhowses ; Item, 2 horses, one colte, 27. 00. 00 Item, 2 oxen, 2 steares, 23. 00. 00
Item, 3 cowes, one heifer, one young bull, 18. 05. 00
Item, 3 swyne, 02. 00. 00
Item, waine, wheeles, expinns, cops and pin, 01. 10. 00
Item, 2 yoakes with theire irons, 2 chaines, 2 pr yoake crooks, 01. 00. 00
Item, one plow, one harrow, one grynding stone, 01. 05. 00
Item, 4 stocks of Bees, . 03. 00. 00 .
Item, (more abroad) 2 cowes, one steare, 15. 00. 00
Item, one iron crow, a saw, beetle and wedges, with some other things, 01. 10. 00
Henry Clarke,
Dauid Willton, John Moore.
Totall sum is,
368. 11. 01
CODE OF LAWS,
ESTABLISHED BY THE GENERAL COURT, MAY, 1650 .*
[Recorded in Vol. II.]
[6*] FORASMUCH as the free fruition of such Libberties, Immunities, Privileges, as Humanity, Civillity and Christianity, call for, as due to euery man in his place and proportion, without Impeachmt and infringement, hath euer beene and euer will bee the Tranquillity and Stabillity of Churches and Common wealths, and the denyall or de- privall thereof, the disturbance if not ruine of both :-
It is therefore ordered by this Courte and Authority thereof, that no mans life shall bee taken away, no mans honor or good name shall bee stained, no mans person shall be arrested, restrained, ban- ished, dismembered nor any way punnished ; no man shall bee de- prived of his wife or children, no mans goods or estate shall bee taken away from him, nor any wayes indamaged, vnder colour of Law or countenance of Authority, vnless it bee by the vertue or equity of some express Law of the Country warranting the same, established by a Generall Courte, and sufficiently published, or in case of the defect of a Law in any perticular case, by the word of God. J
* In April, 1646, the General Court desired Mr. Ludlow "to take some paynes in drawing forth a body of lawes for the gouernment of this Commonwelth. & present them to the next Generall Courte." (p. 138, ante.) The request does not appear to have been immediately com- plied with,-at least, the work was not completed in time to be presented for the action of the Court, before May, 1647 ; it was then ordered, that when the body of laws should be per- fected, as the Court had desired, Mr. Ludlow "should, besides the paying the hyer of a man, be further considered for his paynes." (p. 154.) No further mention of the progress of the work, or of its completion, occurs upon the records, until Feb. 1651, when an order of the Court, granting extra-compensation to the Secretary for "drawing out and transcribing the country orders, concluded and established in May last," enables us to fix the date of its adoption.
This Code, (usually cited as ' Mr. Ludlow's code,' or ' the code of 1650,') is recorded at the end of Vol. II. of the Colony Records, and separately paged. The orders subsequently passed, were, from time to time, added at the end, or occasionally inserted under the appropriate title, by the Secretary. Prefixed to the Laws is a copy of the Fundamental Orders, or Constitution of 1639, already printed, on pages 20-25 of this volume.
44*
510
CODE OF LAWS.
[*]
ABILLITY.
It is ordered by this Courte, that all persons of [the age] of twenty one yeares and of right vnderstanding, whether excomunicated, con- demned or other, [shall] haue full power and libberty to make theire W[ills and] Testaments, and other lawfull alienations of theire [lands] and estates, and may bee Plaintiffes in a civill case.
ACTIONS.
It is further ordered and decreed, that in all Actions brought to any Courte, the Plaintiff shall haue libberty to withdraw his Action, or to bee non suted, before the Jury haue giuen in theire verdict, in wch case hee shall allwayes pay full costs and charges to the De- fendt, and may afterward renew his suite at another Courte, the former non suite being first recorded.
AGE.
It is ordered by this Court and the Authority thereof, that the Age for passing away of Lands or such kinde of Hereditaments, or for giuing of voates, verdicts or sentences in any civill Courtes or causes, shall bee twenty and one yeares, but in case of chusing of Guardians, fourteene yeares.
ARRESTS.
It is ordered and decreed by this Courte and Authority thereof, that no person shall bee arrested or imprisoned for any debt or fyne, if Law can finde any competent meanes of satisfaction otherwise from his estate ; and if not, his person may bee arrested and im- prisoned, where hee shall bee kept at his owne charge, not the Plain- tiffs, till satisfaction bee made, vnless the Courte that had cognis- cance of the cause or some Superior Courte shall otherwise deter- mine ; provided neuertheless, that no mans person shall bee kept in prison for debt but when there appeares some estate weh hee will not produce, to wch end any Courte or Commissioners authorized by the Generall Courte, may administer an oath to the party or any others suspected to bee priuye in concealing his estate ; [ ] shall satisfie by service, if the Creditor require [it,] but shall not bee sould to any but of the English Nation.
[8]
ATTACHEMENTS.
It is ordered, sentenced and decreed, that the ordinary summons or process for the present within this Jurissdiction and vntill other
511
CODE OF LAWS.
provision made to the contrary, bee a warrant fairely written, vnder some magistrate or magistrates hand or hands, mentioning the time and place of appearance, and if the said party or partyes doe not appeare according to the said warrant or summons vppon Affidauit first made of the serving of the said person or persons, the Courtc shall graunt an Attachement against the person or persons delin- quent to arrest or apprehend the said person or persons for his or theire willfull contempt ; and in case no sufficient securitye or bayle bee tendred, to imprison the said party or partyes, returneable the next Courte that is capeable to take cogniscance of the said buisnes in question ; and vppon returne of the said Attachement, the said Courte to doe therein as according to the Lawes and orders of this Jurisdiction ; and in that case allso the party delinquent to beare his owne charge.
It is also ordered, that Attachements to seize vppon any mans Lands or estate bee onely graunted for, or against, such goods as are Forreigners and doe not dwell or inhabitt within this Jurissdic- tion ; or in any case vppon credible Information it appeare that any Inhabitant that is indebted, or ingaged, goe about to conuey away his estate to defraud his Creditors, or to conuey away his person out of this Jurissdiction, so as the process of this Jurissdiction may not bee serued vppon his person ; in that or any other just causes there may bee Attachement or Attachements graunted vppon the Limmit- ations expressed ; provided that in all cases of Attachements, all or any of the Creditors haue libberty to declare vppon the said Attache- ment, if hee come in at the returne of the said Attachement ; provi- ded allso that if any Attachement laid vppon any mans estate, vppon a pretence of a great sum, and if it bee not prooued to bee due in some neare proportion to the sum challenged, and mentioned in the Attachement, then the security giuen shall bee lyable to such dama- ges as are susteined therby.
It is further ordered and decreed by this Courte, that whosoeuer takes out an Attachement against any mans persons, goods, chattles, Lands or Hereditaments, sufficient security and caution shall bee [9*] giuen by him to prosecute his Action in C[ourte] and to an- swer the defendant such Costs as shall [be awarded] him by the Courte ; and in all Attachments of g[cods or] lands, legall notice shall bee giuen vnto the P[arty] or left in writing at his howse or place of vsuall [abode] if hee liue within this Jurissdiction, other- wise [his] sute shall not proceed. And it is further ordered and declared, that euery man shall haue libberty to Repleuye his Cattle or goods impounded, distreined, seized or extended, (vnless it bee
512
CODE OF LAWS.
vppon execution after Judgment and in payment of Fynes,) prouided in like manner hee put in good security to prosecute his Replevy and to satisfie such damage, demaunds or dues as his Adversary shall recouer against him in Lawe.
BALLAST.
It is ordered by this Courte and Authority thereof, that no Ballast shall bee taken from any shoare in any Towne within this Jurissdic. tion, by any person whatsoeuer, without Allowance vnder the hands of those men that are to order the affaires in each Towne, vppon the Penalty of six pence for euery shovell full so taken, unless such stones as they had laid there before. It is allso ordered by the Au- thority aforesaid, that no shipp nor other vessell shall cast out any Ballast in the Channell or other place inconvenient, in any harbor within this Jurissdiction ; vppon the Penalty of ten pounds.
BARRATRY.
It is ordered, decreed and by this Courte declared, that if any man bee prooued and adiudged a Common Barrater, vexing others with vniust, frequent and needless sutes, it shall bee in the power of Courtes both to reiect his Cause, and to punish him for his Barratry.
. BILLS.
It is ordered by the Authority of this Courte, that any Debt or Debts due vppon Bill or other speciallty, Assigned to another, shall bee as good a debt and estate to the Assignee as it was to the Assign- er, at the time of its Assignation, and that it shall bee lawfull for the. said Assignee to sue for and recouer the said Debt due vppon Bill and so assigned, as fully as the originall Creditor might haue done ; provided the said Assignement bee made vppon the backside of the Bill or Speciallty, not excluding any just or cleare interest any man may haue in any Bills or Specialtyes made ouer to them by Letters of Attornye or otherwise.
[10*] BOUNDS OF TOWNES AND PERTICULAR LANDS.
Forasmuch as the Bounds of Townes and of the Lands of perticu- ler persons are carefully to bee meinteined, and not without great danger to bee remoued by any ; wch notwithstanding by deficiency and decay of markes may at vnawares bee done, whereby great jealousies of persons, trouble in Townes and incumbrances in Courtes doe often arise, weh by due care and meanes might bee prevented ;
513
CODE OF LAWS.
It is therfore ordered by this Courte and Authority thereof, that euery Towne shall sett out theire Bounds within twelve months after the publishing hereof, and after theire Bounds are graunted ; and that when theire Bounds are once sett out, once in the yeare three or more persons in the Towne, appointed by the Select men, shall appoint with the adiacent Townes to goe the bounds betwixt theire said Townes and renew theire markes, weh markes shall bee a great heape of stones or a trench of six foott long and two foott broad, the most Auncient Towne, (weh for the Riuer is determined by the Courte to bee Wethersfeild,)* to giue notice of the time and place of meet- ing for this perambulation, wch time shall bee in the first or second month, vppon paine of fiue pounds for euery Towne that shall neg- lect the same ; provided, that the three men appointed for perambu- lation shall goe in theire severall quarters, by order of the select men and at the charge of the severall Townes. And it is further ordered, that if any perticular proprietor of Lands lying in Common with others shall refuse to goe by himselfe or his Assigne, the bounds betwixt his land and other mens, once a yeare, in the first or second month, being requested thereunto vppon one weekes warning, hee shall forfeit for euery day so neglecting, ten shillings, halfe to the party mooving thereto, the other halfe to the Towne. And the owners of all impropriated grounds shall bound euery perticular parcell thereof with sufficient Meare stones, and shall preserue and keepe them so vppon the former penalty.
BURGLARY AND THEFT.
Forasmuch as many persons of late yeares haue beene and are apt to bee iniurious to the goods and liues of others, notwithstanding all care and meanes to prevent and punnish the same ;
It is therfore ordered by this Courte and Authority thereof, that if any person shall committ Burglary, by breaking vp any dwelling howse, or shall robb any person in the feild or high wayes, such a person so offending shall for the first offence bee branded on the forehead with the Letter (B) : If hee shall offend in the same kind the second time, hee shall bee branded as before, and allso bee
* This early decision, by the General Court, of the question of priority of settlement of the River towns, seems to have been hitherto overlooked by writers on our colonial history. The clause within the parenthesis is, in the original record, interlined. As however the hand wri- ting is that of Capt. Cullick, who ceased to be Secretary in 1658, the interlineation must have been made within a few years after the adoption of the code of 1650. The clause is retained in the first printed revision, of 1672-3, and in that of 1702 ; but is omitted in subsequent revisions.
514
CODE OF LAWS.
[11*] severely whipped; and if hee shall fall [into the same offence] the third time, hee shall bee put to death [as being incor- ridg]able. And if any person shall committ [such Burglary or] rob in the feilds or howse on the Lords day, beside the former punnish- ments, hee shall for the first offence haue one of his eares cutt of, and for the second offence in the same kinde, hee shall looss his other eare in the same manner ; and if hee fall into the same offence the third time, hee shall bee put to death.
2. Secondly, for the prevention of Pillfring and Theft, It is order- ed by this Courte and Authority thereof, that if any person, whether Children, Servants or others, shall bee taken or knowne to Robb any orchyards or garden, that shall hurte or steale away any grafts or fruite trees, fruites, linnen, woollen, or any other gooods left out in orchyards, gardens, backsides, or other place in Howse or Feilds, or shall steale any wood or other goods from the Waterside, from mens dores or yards, hee shall forfeitt treble damage to the owners there- of, and such seveere punishment as the Courte shall thinke meete.
And forasmuch as many times it so falls out that small thefts and other offences of a criminall nature are comitted, both by English and Indians, in Townes remoate from any prison or other fitt place to weh such malefactors may bee committed till the next Courte ; It is therfore hereby ordered, that any Magistrate, vppon complaint made to him, may heare and vppon due proofe determine any such small offences of the aforesaid nature, according to the Lawes heere established, and giue warrant to the Constable of that Towne where the offender liues to leuye the same, provided the damage or fyne exceed not forty shillings ; provided allso it shall bee lawfull for either party to appeale to the next Courte to bee houlden in that Ju- rissdiction, giuing sufficient caution to prosecute the same to effect at the said Courte. And euery Magistrate shall make returne yearely to the Courte of the Jurissdiction wherin hee liueth, of what Cases he hath so ended. And allso the Constable, of all such fynes as they have received ; And where the offender hath nothing to sat- isfie, such Magistrate may punnish by Stocks or whipping, as the Cause shall deserue. It is allso ordered that all servants or worke- men imbeazling the goods of theire Masters, or such as sett them on worke, shall make restitution, and bee lyable to all Lawes and Pen- altyes as other men.
515
CODE OF LAWS.
CAPITALL LAWES.
[Of the Capital Laws, fourteen in number, the first twelve agree, word for word, with those adopted in Dec. 1642, and recorded on page [92] of Vol. I, (p. 77, ante.) It has not been thought necessary to repeat them here. The others follow :- ]
[13*] 13. If any Childe or Children aboue sixteene yeares old and of sufficient vnderstanding, shall Curse or smite theire naturall father or mother, hee or they shall bee put to death, vnless it can bee sufficiently testified that the Parents haue beene very vnchristianly negligent in the education of such Children, or so prouoake them by extreame and cruell correction that they haue beene forced there- vnto to preserue themselues from death [or] maiming. Exo: xxi: 17; Levit: xx. [9]; Exo: xxi. 15.
14. If a man haue a stubborne and rebellious sonne of sufficient yeares and vnderstanding, viz: sixteene yeares of age, wch will not obey the voice of his father or the voice of his mother, and that when they haue chastened him, will not hearken vnto them, then may his Father and Mother, being his naturall parents, lay hold on him and bring him to the Magistrates assembled in Courte, and testifie vnto them that theire Sonne is stubborne and rebellious and will not obey theire voice and chastisement, but liues in sundry notorious crimes, such a Sonne shall bee put to death. Deut: xxi. 20, 21.
It is allso ordered by this Courte and Authority thereof, that what- soeuer Childe or Servant, within these Libberties, shall bee convict- ed of any Stubborne or Rebellious Carriage against their Parents [14*] or Governours, | wch is a forerunner of the aforementioned euills, the Gouernor or any two Magistrates haue libberty and power from this Courte to committ such person or persons to the howse of Correction, and there to remaine vnder hard labour and severe pun- nishm' so long as the Courte or the maior parte of the Magistrates shall judge meete.
And whereas frequent experience giues in sad euidence, &c.
[This provision is precisely as enacted in Dec. 1642, and follows immediately after the twelve capital laws recorded on page 78.]
CASCK AND COOPER.
It is ordered by this Courte and Authority thereof, that all Casck vsed for Tarr or other Comodityes to bee put to sale, shall bee Assized as followth, viz: euery Casck commonly called Barrills or halfe hogs- heads shall containe twenty eight gallons wine measure, and other vessells proportionable ; and that fitt persons shall bee appointed Itom time to time, in all places needfull, to gage all such vessells or
516
CODE OF LAWS.
Cascks and such as shall bee found of due Assize shall bee marked with the gagers marke and no other, who shall haue for his paines four pence for euery Tunn, and so proportionably.
And It is allso ordered, that euery Cooper shall haue a distinct Brandmarke on his owne Casck, vppon paine of forfeiture of twenty shillings in either case, and so proportionably for lesser vessells.
[15*] CATTLE, CORNEFEILDS, FENCES.
Forasmuch as complaints haue beene made [of] very euill prac- tice of some disordered persons in the Country, who vse to take other mens Horses, sometimes vppon the Commons, sometimes out of theire owne grounds, common feilds and Inclosures, and ride them at theire pleasure, without a leaue or priuity of theire owners :-
It is therfore ordered and enacted by the Authority of this Courte, that whosoeuer shall take any other mans Horse, Mare or drawing Beast, out of his Inclosure, vppon any Common, out of any common feild or elsewhere, except such bee taken damage faisant, and dis- posed of according to law, without leaue of the owners, and shall ride or vse the same, hee shall pay to the partyes wronged treble damages, or if the Complainant shall desire it, then to pay onely ten shillings, and such as haue not to make satisfaction shall bee punnished by whipping, imprisonment or otherwise, as by law shall bee adiudged, and any one Magistrate may heare and determine the same.
It is allso further ordered, that where Lands lye Common, vnfenced, if one shall improue his Lands by fencing in seuerall, and another shall not, hee whoe shall so improue shall secure his land against other mens Cattle, and shall not compell such as joine vppon him to make any fence with him, except hee shall allso improue in severall, as the other doth ; and where one man shall improue before his neighbour, and so make the whole fence, if after his said neighbor shall improue allso, hee shall then satisfie for halfe the others fence against him, according to the present value, and shall meinteine the same. And if either of them shall after lay open his said feilds, (wch none shall doe without three months warning,) hee shall haue libberty to buy the devidend fence, payinge according to the present valuation to bec sett by two men, chosen by either party onc. The like order shall bee [attended] where any man shall improue Land against any Towne Common, provided this order shall not extend to howse lotts not exceeding ten acres : But if in such, one shall im- proue, his neighbour shall [bee] compellable to make and meinteine one halfe of the fence betweene them, whether hee improuc [or not.]
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