USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 45
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GUARDS AT MEETING.
It is ordered by this Courte, that there shall bee a Guard of twenty men, euery Saboath and Lecture day, compleat in theire Armes, in each severall Towne vppon the River ; and at Seabrooke and Farm- ington, eight a peece ; each Towne vppon the seaside in this Juriss- diction, ten ; and as the number of men increase in the Townes, theire Guards are to increase .*
And it is further ordered, that each man in the Guards aforesaid shall bee allowed halfe a pound of powder yearly, by their seuerall Townes.t
HIGHE WAYES.
Whereas the mainteineing of high wayes in a fitt posture for passage according to the severall occassions that occurre, is not onely necessary for the comfort and safety of man and beast, but tends to the proffitt and advantage of any people, in the issue,-
It is thought fitt and ordered, that each Towne within this Juriss- diction shall euery yeare chuse one or two of theire inhabitants as
* May 20th, 1647. p. 150.
t Oct. 9th, 1650. (p. 212.) This order was made subsequently to the adoption of the code, and inserted under its proper title by the Secretary.
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Surveyors, to take care of, and ouersee the mending and repairing of the High wayes within theire severall Townes respectively, whoe haue hereby power allowed them to call out the severall cartes or [27*] persons fitt for labour in each Towne, || two dayes at least in each yeare, and so many [more] as in his or theire judgements shall bee found necessary for the attaining of the aforementioned end, to bee directed in theire worke by the said surveyor or surveyors, and it is left to his or theire libberties either to require the labour of the severall persons in any familye, or of a teame and one person, where such are, as hee finds most advantageous to the publique occasions, hee or they giuing at least three dayes notice or warning before hand of such imployment ; and if any refuse or neglect to attend the ser- vice in any manner aforesaid, hee shall forfeit for euery dayes neg- lect of a mans worke, two shillings sixpence, and of a Teame, sixe shillings, which said fynes shall bee imployed by the Surveyors to hire others to worke in the said wayes; And the Surveyors shall within foure dayes after the severall dayes appointed for worke, de- liuer in to some Magistrate a true presentment of all such as haue beene defectiue, with their severall neglects, who are immediately to graunt a distresse to the Marshall or Constable, for the levying of the incurred forfeiture, by them to bee delivered to the Surveyors for the vse aforesaid. And if the Surveyor neglect to performe the ser- vice hereby comitted to him, either in not calling out all the inhabit- ants in theire severall proportions as before, or shall not returne the names of those that are deficient, hee shall incurr the same penaltye as those whome hee so passes by are lyable to by vertue of this order, weh shall bee imployed to the vse aforesaid, and to bee levyed allso by distress vppon information and proofe before any one Magistrate .*
IDLENES.
It is ordered by this Courte and Authority thereof, that no person, howseholder or other, shall spend his time idlely or vnproffitably, vnder paine of such punishment as the Courte shall thinke meet to inflict : and for this end, It is ordered, that the Constable of euery place shall vse speciall care and dilligence to take knowledge of offendors in this kinde, especially of common Coasters, vnproffitable fowlers, and Tobacko takers, and present the same vnto any Magis- trate, who shall haue power to heare and determine the case or trans- ferr it to the [next] Courtc.
* An order for the appointment of Surveyors of highways in the several towns, and impow- ering them to call out persons and teams, was passed July 5th, 1643. (p. 91)
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INDIANS.
[28*]
It is ordered and decreed, that where any company of Indians doe sitt downe neare any English plantations, that they shall declare whoe is theire Sachem or Chiefe, and that the said Cheife or Sachem shall pay to the saide English such tresspasses as shall be comitted by any Indian in the said plantation adioyning, either by spoyling or killing any Cattle or Swyne, either with trapps, doggs or arrowes : And they are not to pleade that it was done by strangers, vnless they can produce the partye and deliver him or his goods into the custody of the English : And they shall pay the double dammage if it were done voluntarily .* The like ingagement this Courte allso makes to them in case of wrong or iniurye done to them by the English, wch shall bee paid by the partye by whome it was done, if hee can bee made to appeare, or otherwise by the Towne in whose limmitts such facts are committed.
Forasmuch as o' lenity and gentlenes towards Indians hath made them growe bold and insolent, to enter into Englishmens howses, and vnadvisedly handle swords and peeces and other instruments, many times to the hazzard of limbs or liues of English or Indians, and allso oft steale diuerse goods out of such howses where they resorte ; for the preventing whereof, It is ordered, that whatsoeuer Indian shall hereafter meddle with or handle any English mans weapons, of any sorte, either in theire howses or in the feilds, they shall forfeitt for euery such defaulte halfe a fathom of wampum; and if any hurte or injurye shall therevppon follow to any persons life or limbe, (though accidentall,) they shall pay life for life, limbe for limbe, wound for wound, and shall pay for the healing such wounds and other dammages. And for anythinge they steale, they shall pay double, and suffer such further punnishment as the Magis- trates shall adiudge them. The Constable of any Towne may at- tache and arrest any Indian that shall transgress in any such kinde beforementioned ; and bring them before some Magistrate, whoe may execute the penalty of this order vppon offendors in any kinde ex- cept life or limbe; and any person that doth see such defaults may [29*] prosecute, and | shall haue halfe the forfeiture.t
It is ordered by this Courte and Authority thereof, that no man within this Jurissdiction shall, directly or indirectly, amend, repaire, or cause to bee amended or repaired, any gunn, small or great, belonging to any Indian, nor shall indeauo" the same ; nor
· Thus far, ordered, Apr. 5th, 1638. p. 19.
+ June 11th, 1640. p. 52.
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shall sell nor giue to any Indian, directly or indirectly, any such gunn, nor any gunpowder, or shott, or lead, or shott mould, or any millitary weapon or weapons, armor, or arrowe heads ; nor sell nor barter nor giue any dogg or doggs, small or great ; vppon paine of ten pounds fyne for euery offence, at least, in any one of the afore- mentioned perticulars ; and the Courte shall haue power to increase the fyne, or to impose corporall punnishment where a fyne cannott bee had, at theire discretion .*
And it is allso ordered, that no person nor persons shall trade with them at or about theire wigwams, but in theire vessells or pinnaces, or at theire owne howses, vnder penalty of twenty shillings for each default.t
Whereas, It doth appeare that notwithstanding the former Lawes made against selling gunns and powder to Indians, they are yet sup- plyed by indirect meanes, It is therfore ordered and declared, that if any person after publishing of this order shall sell, barter or trans- porte any gunns, powder, bullitts or lead to any person inhabiting out of this Jurissdiction, without license of this Courte, or from some two Magistrates, hee shall forfeit for euery gunn ten pounds, for euery pound of gunpowder fiue pounds, for euery pound of bullitts or lead forty shillings, and so proportionably for any greater or lesser quantity# ; provided notwithstanding, that [it] is left to the judgment of the Courte, that where any offence is committed against the said order, either to agravate or lessen the penalty, according as the na- ture of the offence shall require.
Whereas diuerse persons departe from amongst vs, and take vp theire aboade with the Indians, in a prophane course of life ; for the preventing whereof,
It is ordered that whatsoeuer person or persons that now inhabiteth, or shall inhabitt within this Jurissdiction, and shall departe from vs and settle or joine with the Indians, that they shall suffer three yeares imprisonment at least, in the Howse of Correction, and vnder- goe such further censure, by fyne or corporall punishment, as the perticular Courte shall judge meete to inflict in such cases.§
[30*] Whereas the French, Dutch and other Forraigne Nations
* Dec. 18th, 1642,-except the clause " nor sell &c. any dogg or doggs, small or great," which was added subsequently. pp. 79, 80.
Oct. 12th, 1643. p.95.
# Dec. 18th, 1642. p. 80. The proviso was added subsequently.
§ Dec. 1642. p. 78.
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doe ordinarily trade gunns, powder, shott etc. with the Indians, to o' great preiudice, and the strengthening and animating of the Indians against vs, as by dayly experience wee finde; and whereas the aforesaid French, Dutch etc. doe prohibitt all trade with the Indians within theire respectiue Jurisdictions vnder penalty of confiscation ;
It is therfore hereby ordered by this Courte and Authority thereof, that after due publication hereof, it shall not bee lawfull for any Frenchmen, Dutchmen, or person of any other forraigne nation, or any English liuing amongst them or vnder the gouernment of them, or any of them, to trade with any Indian or Indians within the lim- mitts of this Jurisdiction, either directly or indirectly, by themselues or others, vnder penalty of confisscation of all such goods and ves- sells as shall bee found so trading, or the due value therof, vppon just proofe made of any goods or any vessells so trading or traded : And it shall bee lawfull for any person or persons inhabiting within this Jurissdiction, to make seizure of any such goods or vessells tra- ding with the Indians as by this law is prohibited, the one halfe whereof shall bee to the propper vse and benefitt of the partye seiz- ing, and the other to the publique .*
This Courte, judging it necessary that some meanes should bee vsed to conuey the lighte and knowledge of God and of his Worde to the Indians and Natiues amongst vs, doe order that one of the teach- ing Elders of the Churches in this Jurisdiction, with the helpe of Thomas Stanton, shall bee desired, twise at least in every yeare, to goe amongst the neighbouring Indians and indeauo' to make knowne to them the Councells of the Lord, and thereby to draw and stirr them vp to direct and order all theire wayes and conversations ac- cording to the rule of his Worde : And Mr. Gouerno" and Mr. Dep- uty, and the other Magistrates are desired to take care to see the thinge attended, and with theire owne presence so farr as may bee convenient, incourage the same.
This Courte hauing duly weighed the joint determination and ar- gument of the Commissioners of the United English Colonyes at New Hauen, in Anno 1646, in reference to the Indians, and judging it to bee both according to rules of prudence and righteousness, doe fully assent therevnto, and order, that it bee recorded amongst the [31*] Acts of this Courte, | and attended in future practice as occas- sions may present and require: The said conclusion is as fol- loweth ;__
* Passed, Sept. 18th, 1649, upon the recommendation of the Comm'rs of the U. Colonies. . 197.
p
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The Comissioners seriously considering the many willfull wrongs and hostile practices of the Indians against the English, together with theire interteineing, protecting and rescuing of offendors, as late our experience sheweth, (wch if suffered, the peace of the Colonyes cannot bee secured,) It is therfore concluded, that in such cases the Magis- rates of any of the Jurissdictions may, at the charge of the Plaintiff, send some convenient strength of English, and according to the na- ure and value of the offence and damage, seize and bring away any of that plantation of Indians that shall interteine, protect or rescue he offendor, though it should bee in another Jurissdiction, when through distance of place, commission or direction cannott bee had, after notice and due warning giuen them, as actors, or at least access- ary to the iniurye and damage done to the English : onely women and children to bee sparingly seized, vnless knowne to bee some way guilty. And because it will bee chargeable keeping Indians in pris- on, and if they should escape they are like to prove more insolent and dangerous after, It was thought fitt that vppon such seizure, the delinquent or satisfaction bee againe demaunded of the Sagamore or plantation of Indians guilty or accessary as before ; and if it bee de- nyed, that then the Magistrates of the Jurissdiction deliuer vp the Indian seized to the party or partyes endammaged, either to serue or to bee shipped out and exchanged for neagers, as the case will justly beare. And though the Comissioners foresee that such severe though just proceeding may provoake the Indians to an vniust seizing of some of ours, yet they could not at present finde no better meanes to preserue the peace of the Colonyes, all the aforementioned out- rages and insolences tending to an open warr : Onely they thought fitt that before any such seizure bee made in any plantation of In- dians, the ensuing Declaration bee published, and a Coppye giuen to the perticular Saggamores :
The Commissioners for the Vnited Colonyes, considering how peace with righteousnes may bee preserued betwixt all the English and the severall plantations of the Indians, thought fitt to declare and publish, as they will doe no iniurye to them, so if any Indian [32*] or Indians of what plantation so euer, doe any willfull dam- mage to any of the English Colonyes, vppon proofe, they will in a peaceable way require just satisfaction, according to the nature of the offence and dammage. But if any Saggamore or plantation of Indians, after notice and due warninge, interteine, hyde, protect, keepe, conuey away or further the escape of any such offendor or offendors, the English will require satisfaction of such Indian and
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Saggamore or Indian plantation ; and if they deny it, they will right themselues as they may, vppon such as so meinteine them that doe the wrong, keeping peace and all tearmes of Amity and Agreement with all other Indians.
INKEEPERS.
Forasmuch as there is a necessary vse of howses of Common In- terteinement in euery Common wealth, and of such as retaile wine, beare and victualls, yet because there are so many abuses of that lawfull libberty, both by persons interteining and persons interteined, there is allso need of strict lawes and rules to regulate such an im- ployment ;
It is therefore ordered by this Courte and Authority thereof, that no person or persons licensed for Common Interteinement shall suffer any to bee drunken or drinke excessively, víz: aboue halfe a pinte of wyne for one person at one time, or to continue tipling aboue the space of halfe an houre, or at vnseasonable times, or after nine of the clock at night, in or about any of theire howses, on penalty of fiue shillings for euery such offence. And euery person found drunken, viz: so that hee bee thereby bereaued or dissabled in the vse of his vnderstanding, appearing in his speech or gesture, in any of the saide howses or elsewhere, shall forfeitt ten shillings; and for excessiue drinking, three shillings, foure pence ; and for continnu- ing aboue halfe an houre tipling, two shillings six pence ; and for tipling at vnseasonable times, or after nine a clock at night, fiue shillings, for euery offence in these perticulars, being lawfully con- victed thereof ; and for want of payment, such shall bee imprisoned vntill they pay, or bee set in the stocks, one houre or more, in some open place, as the weather will permitt, not exceeding three houres at one time : Provided notwithstanding, such licensed persons may interteine seafaring men or land trauellers in the night season when they come first on shoare, or from theire journye, for theire necessary [33*] refreshment, or when they prepare for || theire voyage or journeye the next day early, [if there] bee no dissorder amongst them ; and allso strangers and other persons in an orderly way may continnue [in] such howses of Common Interteinement during m [eal] times or vppon_lawfull buisines, what time their occassions shall require .*
And it is also ordered that if any person offend in drunkenes, ex-
* Some of the provisions of this section are included, in substance, in the order of May 25th, 1647.
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cessiue or long drinking, the second time they shall pay double fynes: And if they fall into the same offence the third time, they shall pay treble fynes : And if the parties bee not able to pay theire fynes, then hee that is found drunke shall bee punnished by whip- ping to the number of ten stripes, and hee that offends by excessiue or long drinking, shall bee put into the stocks for three houres, when the weather may not hazzard his life or limbs ; and if they offend the fourth time they shall bee imprisoned vntill they put in two sufficient sureties for theire good behauiour.
And It is further ordered, that the severall Townes vppon the Riuer within this Jurissdiction, shall provide amongst themselues in each Towne, one suffitient Inhabitant to keepe an Ordinary, for pro- vision and lodging in some comfortable manner, that passengers or strangers may know where to resorte. And such inhabitants as by the seuerall Townes shall bee chosen for the said service shall bee presented to two Magistrates, that they may bee judged meete for that imployment. And this to bee effected by the severall Townes within one month, vnder the penalty of forty shillings a month for each month that either Towne shall neglect the same .*
And It is allso further ordered, that euery Inkeeper or Victuailer shall prouide for interteinement of strangers horses, viz: one or more inclosures for summer, and hay or provender for winter, with con- venient stable roome and attendance, vnder penalty of two shillings sixpence for euery dayes default and double dammage to the partye thereby wronged, except it bee by inevitable accident.
Lastly, It is ordered by the Authority aforesaid, that all Consta- bles may and shall, from time to time, duely make search through- [34*] out the limmitts of their Townes, | vppon Lord's dayes and Lecture dayes, in times of exercise, and allso at all other times so oft as they shall see cause, for all offences and offendors against this Law in any the perticulars thereof : And if vppon due information or complaint of any of theire Inhabitants or other credible persons, whether Tauerner, Victualler, Tabler, or other, they shall refuse to make search as aforesaid, or shall not to theire power performe all other things belonging to theire place or office of Constableship, then vppon complaint and due proofe before any one Magistrate, within three months after such refusall or neglect, they shall bee fyned for euery such offence ten shillings, to bee levied by the Marshall as in other cases, by Warrant from such Magistrate before whome they
* June 3d, 1644. p. 103.
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are convicted, or Warrant from the Treasurer vppon notice from such Magistrate.
It is ordered by this Courte and Authority thereof, that no Inkeep- er, Victualer, Wine drawer, or other, shall deliuer any Wyne, nor suffer any to bee deliuercd out of his howse, to any wch come for it, vnles they bring a noate vnder the hand of some one master of some familye and allowed Inhabitant of that Towne ; neither shall any of them sell or draw any hott water to any but in case of necessitye, and in such moderation for quantity as they may haue good grounds to conceaue it may not bee abused ; and shall bee ready to giue an account of theire doings herein, when they are called thereto, vnder censure of the Courte in case of delinquency.
INDITEMENTS.
If any person shall bee indicted of any Capitall crime (whoe is not then in durance,) and shall refuse to render his person to some Magistrate within one month after three proclamations publiquely made in the Towne where hee vsually abides, there being a month betwixt proclamation and proclamation, his lands and goods shall bee seized to the vse of the Common Treasury, till hee make his lawfull appearance, and such withdrawing of himselfe shall stand in stead of one wittnes to prooue his crime, vnless hee can make it appeare to the Courte that hee was necessarily hindred.
[35*]
JURYES AND JURORS.
* It is ordered by the Authority of this Courte, that in all cases wch are entred vnder forty shillings, the sute shall bee left to bee tryed by the Courte of Magistrates as they shall judge most agreeable to equity and righteousnes. And in all cases that are tryed by Juries, It is left to the Magistrates to impannell a Jury of sixe or twelue, as they shall judge the nature of the case shall require ; and if four of sixe, or eight of twelue, agree, the verdict shall bee deemed to all intents and purposes sufficient and full ; vppon weh judgement may bee entred and execution graunted, as if they had all concur- red ; but if it fall out that there bee not such a concurrence as is before mentioned, the Jurors shall returne the case to the Courte with theire reasons, and a speciall verdict is to bee drawne there- vpon, and the voate of the greater number of Magistrates shall carrye the same ; and the judgement to bee entred and other proceedings as in case of a verdict by a Jury.
* [In margin,] " In old Book, Feb: 5, '44." See p. 118, ante.
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And it is further ordered, that the Courte of Magistrates shall haue libbertye (if they doe not find in their judgements, the Jury to haue attended the euidence giuen in, and true issue of the case, in theire verdict,) to cause them to returne to a second consideration thereof; and if they still persist in theire former opinion, to the dis- satisfaction of the Courte, it shall bee in the power of the Courte to impannell another Jurye, and committ the consideration of the case to them. And it is allso left in the power of the Courte to varye and allter the dammages giuen in by any Jurye, as they shall judge most equall and righteous, prouided, that what allteration shall at any time bee made in that kind, bee done in open Courte, before Plaintiff and Defendant, or Affidauitt made that they have beene required to bee present, and that allteration wch is made bee done either the same Courte, or provision made to secure the verdict of the Jury vntil the case bee fully issued. And whereas many persons, after theire seuerall causes in Courte haue beene tryed and issued, haue slipt away or otherwise neglected, if not refused, to pay the charges of the Courte, according to order ; for preventing thereof for the future, It is ordered, that whosoeuer shall haue any action or sute in Courte, after the publishing hereof, shall, as soone as his cause is issued pay [36*] the whole charges of the Courte, that concernes either Jury or Secretary, before hee departes the same. And the like allso shall bee done by all those whose Actions are not taken vp, and with- drawne before the sitting of the Courte wherein they were to bee tryed ; or otherwise, for neglect or non performance of either, bee committed to prison, there to remaine till hee or they haue satisfied the same.
GRAND JURY.
It is ordered and decreed, that there shall bee a Grand Jury of twelue or fourteene able men warned to appeare euery Courte yearely in Septemb', or as many and oft as the Gouerno' or Courte shall thinke meete, to make presentment of the breaches of any Lawes or orders or any other misdemeanors they shall know of in this Jurissdiction .*
LANDS; FREE LANDS.
It is ordered, and by this Courte declared, that oure Lands and Heritages shall bee free from all fynes and lycenses vppon Aliena- tions, and from all Harriotts, Wardships, Liveries, Primer seizins,
* July 5th, 1643. p. 91.
·
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yeare, day and waste, escheats and forfeitures vppon the death of parents or ancestors, bee they naturall, vnnaturall, casuall or judi- tiall, and that for euer .*
LEVYES.
Forasmuch as the Marshalls and other officers haue complained to this Courte that they are oftentimes in great doubt how to demeane themselues in the execution of theire offices ;
It is ordered by the Authority of this Courte, that in case of fynes and assessments to be levyed, and vppon execution in Civill Actions, the officer shall demaund the same of the party or at his howse and place of vsuall aboade ; and vppon refusall or non payment, hee shall haue power (calling the Constable, if hee see cause for his assist- ance,) to breake open the dore of any howse, chest or place where hee shall haue notice that any goods lyable to such Levye or Execu- tion shall bee ; and if hee bee to take the person, hee may doe the like, if vppon demaund hee shall refuse to render himselfe; and whatsoeuer charges the officer shall necessarily bee put vnto, vppon [37*] any such occassion, || hee shall haue power to levye the same as hee doth the debt, fyne or execution ; and [if] the officer shall leuye any such goods vppon execution as cannott bee conuayed to the place where the party dwells for whome such execution shall bee leuyed, without considerable charge, hee shall leuye the said charge allso with the execution. The like order shall bee ob- serued in leuying of fynes ; provided, it shall not bee lawfull for · such officer to leuye any mans necessarye bedding, apparrell, tooles or armes, neither implements of houshold, weh are for the necessary vpholding of his life ; but in such cases hee shall leuye his Land or person, according to Law; and in no case shall the officer bee put to seeke out any mans estate further then his place of aboade : But if the party will not discouer his goods or Land, the officer may take his person. And it is allso ordered and declared, that if any officer shall doe iniurye to any, by colour of his office, in these or any other cases, hee shall bee lyable vppon complaint of the party wronged, by action or information, to make full restitution. See MARSHALL.
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