USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 47
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53
549
CODE OF LAWS.
Cattle, euery Cowe of foure yeare old and vpward shall be valued at fiue pounds ; euery heifer and steare, betweene three and four yeare old, foure pounds, and betweene two and three yeare old, fifty shil- lings, and betweene one and two yeare old, thirty shillings; euery Oxe and Bull of foure yeare old and vpwards, six pounds ; euery Horse and 'Mare of foure yeare old and vpwards, twelue pound ; of three yeare old, eight pounds ; betweene two and three yeares old, fiue pounds ; of one yeare old, three pounds ; euery Sheepe of one yeare old, thirty shillings ; euery Goate aboue one yeare old, eight shillings ; euery Swyne aboue one yeare old, twenty shillings ; and all Cattle of all sortes vnder a yeare old, are hereby exempted, as allso all Hay and Corne in the husbandmans hand, because all meadow, earable ground and Cattle are rateable as aforesaid. And [5]*] for all such persons as by the advantage of theire Artes and Trades are more able to helpe beare the publique charge then Com- mon Labourers and workemen, as Butchers, Bakers, Bruers, Vic- tuailers, Smiths, Carpenters, Taylors, Shoemakers, Joiners, Barbers, Millers and Masons, with all other manuall persons and Artists, such are to bee rated for their returnes and gaines proportionably vnto other men for the produce of theire estates. Provided that in the Rate by the Poll, such persons as are dissabled by sickness, lameness or other infirmities shall bee exempted ; and for such servants and children as take not wages, theire parents and masters shall pay for them, but such as take wages shall pay for themselues.
And it is further ordered, that the Comissioners for the severall Townes vppon this Riuer shall yearely meet vppon the third Thurs- day in the sixth month at Hartford, and the Comissioners for the Townes of Fairefeild and Strattford shall meett the same day in one of those Townes, (and two dayes before the Generall Courte in Sept: they shall meete ye Comissioners vppon ye Riuer in Hartford,*) and bring with them, fairely written, the just number of males listed as aforesaid, [and] the Assessment of estates made in theire seuerall Townes according to the rules and directions in this present order expressed ; And the said Comissioners being so assembled shall duely and carefully examine all the said Lists and Assessments of severall Townes, and shall correct and perfect the same, according to the true intent of this order, and the same so perfected they shall transmitt vnder theire hands to the Generall Courte, the second Thursday in September, and then, directions shall bee giuen to the Treasurer for gathering of the said Rate, and euery one shall pay
* The clause in parenthesis, is interlined.
550
CODE OF LAWS.
theire Rate to the Constable of the Towne where it shall bee assessed ; nor shall any land or estate bee rated in any other Towne but where the same shall lye, is or was improued to the owner's, reputed own- er's, or other proprietor's vse or behoofe, if it bee within this Juriss- diction. And for all peculiars, viz: such places as are not yet laid within the bounds of any Towne, the same Lands, with the persons and estates therevpon, shall bee assessed by the Rates of the Towne next vnto it ; the measure or estimacon shall bee by the distance of the meeting howses.
And if any of the said Comissioners or of the select men shall wil- lingly faile or neglect to performe the trust committed to them by this order, in not making, correcting, perfecting or transmitting any [52*] of the said Lists or Assessments, | according to the intent of this order, euery such offendor shall bee fyned forty shillings for euery such offence, or so much as the Country shall bee damnified thereby, so as it exceeds not forty shillings for one offence ; provided that such offence or offences bee complained of and prosecuted, in due course of law, within six months.
And it is further ordered, that vppon all distresses to bee taken for any of the Rates and Assessments aforesaid, the officer shall distreine goods or Cattle, if they may bee had ; and if no goods, then lands or howses ; if neither goods nor lands can bee had within the Towne where such distresses are to bee taken, then vppon such returnes to the Treasurer hee shall giue warrants to attache the Body of such persons to bee carried to prison, there to bee kept till the next Courte, except they put in security for theire appearance there, or that payment bee made in the meane time.
And it is further ordered, that the prises of all sorts of Corne to bee received vppon any Rate by vertue of this order, shall bee such as the Courte shall sett from yeare to yeare, and in default thereof they shall bee accepted at the price current, to bee judged by the said Comissioners.
And it is further ordered, that all Estates of land in England shall not bee rated in a publique assessment.
It is allso provided and ordered, that all Towne Rates shall bee made after the same manner and by the same rule as the Country Rate.
Whereas much wrong hath beene done to the Country by the negligence of Constables, in not gathering such Leuyes,as they haue received Warrants from the Treasurer, during theire office :- It is therfore ordered, that if any Constable shall not haue gathered the
551
CODE OF LAWS.
Leuyes committed to his charge by the Treasurer then being, during the time of his office, that hee shall, notwithstanding [the] expiration of his office, haue power to leuye by distress all such Rates and Leuyes ; and if hee bring them not in to the old Treasurer, accord- ing to his warrants, the Treasurer shall distreine such Constables goods for the same ; and if the Treasurer shall not so distreine the Constable, hee shall bee answerable to the Country for the same. And if the Constable bee not able to make payment, it shall be law- full for the Treasurer, old or new respectively, to distreine any man or men of that Towne where the Constables are vnable, for all Arrearages of Leuyes ; and that man or men, vppon petition to the Generall Courte, shall haue order to collect the same againe, equal- [53*] ly, of ye Towne, | with his just dammages for the same.
It is further ordered by this Courte, that all Collectors and gath- erers of Rates shall appoint a day and place and giue reasonable warning to the Inhabitants to bring in theire proportions, vppon wch every man so warned shall duely attend to bring in his Rate, or vppon neglect thereof shall forfeitt two pence in the shilling for what hee falls shorte ; and the said Collector shall haue authority hereby to distreine the delinquents, or bee accountable themselues for the Rates and penaltyes so neglected by them.
RECORDS.
It is ordered by this Courte and Authority thereof, that the Towne Clarke or Register, in the several Townes of this Jurissdiction, shall record all Births and Deaths of persons in theire Towne: And that all parents, masters of servants, executors and administrators, re- spectiuely, shall bring in to the Register of theire severall Townes, the names of such persons belonging to them or any of them, as shall either be borne or dye ; and allso that euery new married man shall likewise bring in a certificate of his Marriage, vnder the hand of the Magistrate wch married him, to the said Register ; And for each neglect the person to whome it doth belong shall forfeitt as fol- lowth, viz : If any person shall neglect to bring in a noate or certifi- cate as aforesaid, together with three pence a name, to the said Re- gisters, for all Births and Deaths, and six pence for each Marriage, to bee recorded, more then one month after such Birth, Death or Marriage, shall forfeitt for euery default fiue shillings, and the pen- alty further increased vppon longer neglect, according to the judge- ment of the Courte. And the Register of each Towne shall yearely conuey to the Secretary of the Courte a true transcript of the Births, Deaths and Marriages, giuen vnder theire hands, with a third parte
552
CODE OF LAWS.
of the aforementioned fees, vnder the penalty of forty shillings for euery such neglect, all wch forfeitts shall bee returned in to the Treasury ; Allso the Grand Jurors may present all neglects of this order.
It is ordered by the Authority aforesaid, that the seuerall Towns within this Jurissdiction shall each of them provide a Ledger Booke, with an Index or Alphabett, vnto the same : Allso shall chuse one [54*] whoe shall bee a Towne Clarke or Register, || whoe shall, be- fore the Generall Courte in September next, record euery mans howse and lands allready graunted and measured out to him, with the bounds and quantity of the same. And whosoeuer shall neglect three months after notice giuen, to bring in to the said Towne Clarke or Register a noate of his howse and land, with the bounds and quantity of the same by the nearest estimacon, shall forfeitt ten shillings ; and so ten shillings a month, for euery month hee shall so neglect ; the like to bee done for all lands hereafter graunted and measured to any. And if any such Graunter, being required by the Grauntee, his Heires or Assignes, to make an Acknowledgmt of any Graunt, Sale, Bargaine or Morgage by him made, shall refuse so to doe, it shall bee in the power of any Magistrate to send for the partye so refusing and committ him to prison without Bayle or Maineprise, vntill hee shall acknowledge the same: And the Grauntee is to Enter his Caution with the Recorder, and this shall saue his interest in the meane time. And all Bargaines or Mor- gages of lands whatsoeuer shall bee accounted of no value vntill they bee recorded, for weh Entry the Register shall receive six pence for euery percell, delivering euery owner a Coppy of the same vnder his hand, wherof foure pence shall bee for himselfe and two pence for the Secretary of the Courte. And the said Register shall, euery Generall Courte in May and September, deliuer into the same a Transcript fairely written of all such Graunts, Bargaines or Ingage- ments recorded by him in the Towne Booke ; And the Secretary of the Courte shall record it in a Booke fairely written, prouided for that purpose, and shall preserue the Coppy brought in vnder the hand of the Towne Clarke. Allso the said Towne Clarke shall haue for euery search of a percell, one penny, and for euery Coppy of a percell, two pence ; and a Coppy of the same vnder the hand of the said Register or Towne Clarke and two of the men chosen to gouerne the Towne, shall bee a suffitient euidence to all that haue the same .*
* Oct. 10th, 1639. p. 37.
553
CODE OF LAWS.
For the better keeping in minde those passages of Gods Provi- dence wch haue beene remarkeable since o' first vndertaking of these Plantacons, Mr. Deputy, Capt. Mason, Mr. Stone, with Mr. Good- wyn, are desired to take the paines seuerally in theire seuerall Townes, and then jointly together, to gather vp the same and deliver them in to the Generall Courte in September next, and if it bee judged then fitt, they may bee recorded, and for future times, what- soeuer remarkable passages shall bee, and if they bee publique, the said parties are desired to deliuer in the same to the Generall [55*] Courte : | But if any perticular person doe bring in any thinge, hee shall bring it vnder the hands of two of the aforemen- tioned parties, that it is true, then present it to the Generall Courte, that if it bee there judged requisitt it may bee recorded : provided that any Generall Courte for the future may allter any of the par- ties before mentioned or add to them, as they shall judge meett .*
It is allso ordered by this Courte and decreed, that after the death and decease of any person possessed of any estate, bee it more or less, and whoe maketh a will in writing or by word of mouth, those men wch are appointed to order the affaires of the Towne where any such person deceaseth, shall within one month after the . same at furthest, cause a true Inventory to bee taken of the said es- tate in writing ; as allso take a Coppy of the said Will or Testament and enter it into a Booke or keepe the Coppy in safe custody ; as allso enter the names vppon record of the Children and Legatces of the Testator or deceased person. And the said orderers of the af-
faires of the Towne are to see euery such Will and Inventory to bee exhibited into the publique Courte, within one quarter of a yeare, where the same is to bee registred. And the said orderers of the affaires of the Towne shall doe theire indeauours in seeing that the estate of the Testator bee not wasted nor spoiled, but improued for the best advantage of the Children or Legatees of the Testator, ac- cording to the minde of the Testator, for theire and euery of theire vse, and by theire and every of theire allowance and approbation. But when any person dyeth Intestate, the said orderers of the affaires of the Towne shall cause an Inventory to bee taken, and then the publique Courte may graunt the Administracon of the goods and chattles to the next of kinn, jointly or seuerally, and devide the estate to wife (if any bee,) children or kindred, as in equity they shall see meett. And if no kindred bee found, the Courte to administer for the publique good of the Common: provided ther
* Oct. 10th, 1639. p. 39, 40.
48
554
CODE OF LAWS.
bee an Inventory registred, that if any of the kindred in future time appeare, they may haue justice and equity done vnto them. And all charges that the publique Courte or the orderers of the affaires of the Towne are at, about the trust committed to them, either for writing or otherwise, is to bee paid out of the estate .*
Whereas allso, It was recomended by the Commissioners, that for [56*] the more free and speedy passage of Justice || in each Juriss- diction, to all the Confederates, If the last Will and Testament of any person bee duely prooued in, and duely certified from any one of the Colonyes, it bee without delay accepted and allowed in the rest of the Colonyes, vnless some just exception bee made against such will or the proouing of it, weh exception to bee forthwith duely certefied back to the Colony where the said Will was prooued, that some just course may bee taken to gather in and dispose the estate without delay or dammage. And allso that if any knowne planters or settled inhabitants dye Intestate, Administracon bee graunted by that Colony vnto wch the deceased belong, though dying in another Colony. And the Administracon being duely certefied, to bee of force for the gathering in of the estate in the rest of the Colonyes, as in the case of Wills prooued, where no just exception is returned- But if any person possessed of an estate, who is neither planter nor . setled inhabitant in any of the Colonyes, dye Intestate, the Admin- istracon (if just cause bee found to giue Administracon,) bee graunt- ed by that Colony where the person shall dye and departe this life, and that care bee taken by that Gouernement to gather in and se- cure the estate, vntill it bee demaunded and may bee deliuered ac- cording to rules of justice :- Which vppon due consideracon was confirmed by this Courte, in the behalfe of this Colonye, and or- dered to bee attended in all such occasions for the future : provided the Generall Courtes of the the other Colonyes yeild the like assent therevnto.t
SCHOOLES.
It being one chiefe project of that old deluder Sathan, to keepe men from the knowledge of the Scriptures, as in former times keep- ing them in an vnknowne tongue, so in these latter times by per- swading them from the vse of Tongues, so that at least the true sence and meaning of the originall might bee clouded with false glosses of saint seeming deceiuers ; and that Learning may not bee
* Oct. 10th, 1639. p. 39.
+ Recommended by Comm'rs of the U. Colonies, Sept. 1648, and confirmed by the General Court, Mar. 14th, 1648-9. p. 179.
555
CODE OF LAWS.
buried in the Graue of o' Forefathers, in Church and Common wealth, the Lord assisting our indeauors,-It is therfore ordered by this Courte and Authority thereof, that euery Towneshipp within this Jurissdiction, after the Lord hath increased them to the number of fifty houshoulders, shall then forthwith appoint one within theire [57*] Towne to teach || all such children as shall resorte to him, to write and read, whose wages shall bee paid either by the parents or masters of such children, or by the Inhabitants in generall by way of supplye, as the maior parte of those who order the prudentialls of the Towne shall appointe; provided that those who send theire children bee not oppressed by more then they can haue them taught for in other Townes. And it is further ordered, that where any Towne shall increase to the number of one hundred families or housholders, they shall sett vp a Grammer Schoole, the masters thereof being able to instruct youths so farr as they may bee fitted for the Vniversity. And if any Towne neglect the performance hercof aboue one yeare, then euery such Towne shall pay fiue pounds pr Annū, to the next such Schoole, till they shall performe this order.
The propositions concerning the maintenance of Schollars at Cambridge, made by the Comissioners, is confirmed. And it is or- dered, that two men shall bee appointed in euery Towne, within this Jurissdiction, whoe shall demaund what euery familye will giue, and the same to bee gathered and brought into some roome, in March, and this to continue yearly as it shall bee considered by the Comissioners .*
SECRETARY.
It is ordered and decreed, that within twenty dayes after the sess- ion of euery Generall Courte, the Secretary thereof shall send forth Coppies of such Lawes and orders as are or shall bee made at either of them, weh are of generall concernement for the gouernement of this Commonwealth, to the Constables of each Towne within this Jurissdiction, for them to publish within .fourteene dayes more, at at some publique meeting in theire seuerall Townes, and cause to bee written into a Booke and kept for the vse of the Towne. And once euery yeare the Constables in each Towne shall read or cause to bee read in some publique meeting all the Capitall Lawes, and giue notice to all the Inhabitants where they may at any time see the rest of the Lawes and orders and acquaint themselues there-
* Confirmed by the General Court, Oct. 25th, 1644. p. 112 ; Note.
·
556
CODE OF LAWS.
with: And the Secretary of the Courte shall haue twelue pence for the Coppy of the orders of each Session aforesaid, from each of the Townes .*
[58*] And it is further ordered that the Secretary of the Courte shall record such Wills and Inventoryes as are exhibited into the said Courte, and shall fyle the originall of them, and giue a Coppy thereof to such as desire it, for wch hee shall haue for euery Record of any Will or Inventory, or both, wch is aboue the sum of forty pounds, three shillings foure pence ; and for euery coppy of them or either of them, one shilling eight pence : And for euery search or supervising of them six pence: allso for recording of euery Will or Inventory, or both, weh is aboue the sum of thirty pounds and vnder the sum of forty pounds, two shillings six pence ; and for euery coppy of them, or either of them, fifteene pence ; and for euery search or supervising of them foure pence : Ailso for euery Attachemt, twelue pence, and for euery Bond or Recognis- cance in or about the same, six pence : Allso for euery Execution above fiue pounds, the Secretary shall haue twelue pence, and for euery Execution vnder fiue pounds, six pence : Allso for the entry of euery or any Recogniscance in Courte, six pence, and for the withdrawing of it twelue pence, weh shall bee paide before the boun- den bee freed from his said Recogniscance.
It is allso ordered, that whosoeuer shall take out any Warrant from the Secretary of the Courte, that concernes an Action, shall, before hee hath a Warrant, enter his Action with the Secretary, and then take out his Warrant for summons to answer the same ; for wch they shall pay for euery entry twelue pence, and for euery War- rant, foure pence, though they agree with theire defend's before the Courte. Allso if any other Magistrate shall graunt a Warrant wch concernes an Action, they shall enter the Action in a small Booke for that purpose, before they graunt the Warrant, and shall make a due returne at euery Courte to the Secretary thereof, what such Warrants and to whome they haue graunted ; and all such persons shall bee as lyable to pay twelue pence for euery such Action to the Secretary of the Courte as if they should haue had theire Warrants of him.
STRAYES.
It is ordered by this Courte and Authority thereof, that whosoeuer shall take vp any straye beast or find any goods lost, whereof the owner is not knowne hee shall giue notice thereof to the Constable
* Oct. 10th, 1639 ; (p. 39 ;) amended.
,
557
CODE OF LAWS.
of the same Tow'ne, within six dayes, whoe shall enter the same in a [59*] booke, and take order that it bee cryed | at theire next Lec- ture day or generall meeting, vppon three seuerall dayes, and if it bee aboue twenty shillings value, at the next Markitt, or two next Townes publique meetings, where no Markitt is within ten miles, vppon paine that the partye so finding and the said Constable hauing such notice and failing to doe as is here appointed, to forfeitt, either of them, for such default one thirde parte of the value of such strayc or lost goods.
And if the finder shall not give notice as aforesaid, within one month, or if hee keepe it more then three months, and shall not aprize it by sufficient men, and allso record it with the Register of the Towne where it is found, hee shall then forfeitt the full value thereof. And if the owner appeare within one yeare after such publi- cation hee shall haue restitution of the same or the value thereof, hee paying all necessary charges, and to the Constable for his care and paines, as one of the next Magistrates or one of the Townesmen shall adiudge; and if no owner appeare within the time prefixed, the said straye or lost goods shall bee thus devided, one fourth parte thereof with his reasonable charge shall bee to the finder, one fifth parte thereof or ten shillings to the Constable, at the choyce of the Courte, and the rest to the Common wealth ; provided there bee three streakes clipt in the haire of the neare buttock six inches long, that they may bee knowne.
SWYNE.
It is ordered by this Courte, that all the swyne, either hoggs or shoates, in the severall plantations that are kept at home within the Towne, shall by September next bee ringed or yoaked, or kept vp in theire yards vnder the penalty of foure pence for euery such swyne, to bee paid by the owner to the party that shall take the swyne so defectiue and impound them ; allso all such as are kept by heards in the woods, shall not bee suffered to abide aboue one nighte in the Towne, but that it shall bee lawfull to impouund them, in case they come at any time home from the middle of March to the middle of November. Fairefeild and Strattford desires to bee included in this order.
For the better preserving Corne and meadow on the east side of the great Riuer, It is ordered by this Courte, that there shall no hoggs nor swyne of any sorte bee put ouer thither or kept there at {60*] any time, after the | publishing of this order, except they
48*
558
CODE OF LAWS.
bee kept out of the bounds of the severall Townes or in theire yardes vnder the penalty of two shillings a head for euery hogg or swyne, for euery time they shall bee found there contrary to this order.
TIMBER.
It is ordered by this Courte, that no Timber shall bee felled with- in three myles of the mouth of Mattabeseck Riuer, nor at vnseason- able times, viz: from the beginning of Aprill to the end of Septem- ber, and that it bee improued into pipestaues or some other merchant- able comodity, within one month after the felling thereof, or carted together : and that the Timber so improued shall not bee transported from the Riuer but for discharge of debts or fetching in some neces- sary provision.
TOBACKO.
Forasmuch as it is obserued that many abuses are crept in and comitted by frequent taking of Tobacko, It is ordered by the Au- thority of this Courte, that no person vnder the age of twenty yeares, nor any other that hath not allready accustomed himselfe to the vse thereof, shall take any Tobacko, vntill hee hath brought a certificate vnder the hands of some who are approued for knowledge and skill in phisick, that it is vsefull for him, and allso that hee hath received a lycense from the Court for the same. And for the regulating of those whoe either by theire former taking it haue to theire owne aprehensions made it necessary to them, or vppon due advice are perswaded to the vse thereof, It is ordered, that no man within this Colonye, after the publication hereof, shall take any Tobacko pub- liquely in the street, high wayes, or any barne yards, or vppon train- ing dayes in any open places, vnder the penalty of six pence for each offence against this order in any the perticulars thereof, to bee paid without gainsaying vppon conviction, by the testimony of one wittness that is without just exception, before any one Magistrate. And the Constables in the severall Townes are required to make presentment to each perticular Courte of such as they doe vnder- stand and euict to bee transgressors of this order.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.