USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 48
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[61*]
TRESPASSES .
It is ordered by this Courte and Authority thereof, that if any horse, or other beast, trespass in Corne or other Inclosure, being fenced in such sorte as secures against Cowes, oxen, small calues,
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and such like orderly cattle, the party or parties trespassed shall procure two able men of good reporte and creditt to veiw and ad- iudge the harmes, weh the owner of the beast shall satisfie (when knowne,) vppon reasonable demaund, whether the beast were im- pounded or not ; but if the owner bee knowne and neare residing, as in the same Towne, or the like, notice shall bee left at the vsuall place of his aboad, of the Trespass, before an estimacon bee made there- of, to the end hee, or any others appointed by him, may bee present when the judgement is made ; the like notice allso shall bee left for for him of the damage charged vppon him, that if hee approue not thereof hee may repaire to the select Townsmen, or some of them, whoe shall in such case nominate and appointe two able and indif- ferent men, to reveiw and adiudge the said harmes, wch being dis- charged, together with the charge of the notice, former and latter veiw, and determination of dammages, the first judgement to bee void, or else to stand in lawe.
TREASURER.
It is ordered, that the Treasurer shall deliver no mony out of his hands to any person, without the hands of two Magistrates, if the sum bee aboue twenty shillings ; if it bee vnder, then the Treasurer is to accept of the hand of one ; but if it bee for the payment of some bills to bee allowed, wch are referred to some Comittees to consider of, whether allowed or not, that such bills as they allowe and sett theire hands unto, the Treasurer shall accept and giue satisfaction .*
VOATES.
It is ordered by this Courte and decreed, that if any person within these Libberties haue beene or shall bee fyned or whipped for any scandalous offence, hee shall not bee admitted after such time to haue any voate in Towne or Common wealth, nor to serue on the Jury vntill the Courte shall manifest theire satisfaction.
VERDICTS.
That loue and peace, with truth and righteousnes may continue and [62*] flourish in these confœderated Colonyes, || It was, vppon the rec- omendation of the Commissioners, ordered, that any Verdict or sentence of any Courte within the Colonyes, presented vnder authentique tes- timony, shall haue a due respect in the severall Courtes of this Ju- rissdiction, where there may bee occasion to make vse hereof, and
* Jan. 14th, 1638-9. p. 26.
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shall bee accounted good euidence for the partye, vntill better eui- dence or other just cause appeare to allter or make the same voide : And that in such case, the issueing of the cause in question bee res- pited for some convenient time, that the Courte may bee advised with where the verdict or sentence first passed. Provided notwith- standing, that this order shall bee accounted valid and improued onely for the advantage of such as liue within some of the confæder- ated Colonyes; and where the verdicts in the Courts of this Colony may receiue reciprocall respect by a like order established by the Generall Courte of that Colonye .*
WYNE AND STRONG WATER.
Whereas many complaints are brought into the Courte, by reason · of diuerse abuses that fall out by severall persons that sell wyne and strong water, as well in vessells on the River as allso in severall howses ; for the preventing hereof, It is now ordered by the Author- ity of this Courte, that no person or persons, after the publishing of this Order, shall neither sell Wyne nor strong water by retaile, in any place within these Libberties, without lycense from the perticu- lar Courte or any two Magistrates, t or where there is but one Magis- trate, by a Magistrate and one of those appointed to order the affaires of the Towne.
WATCHES.
It is ordered by this Courte and decreed, that there shall bee a suf- fitient Watch meinteined in euery Towne, and that the Constable of each Towne shall duely warne the same and see that the inhabitants or residents doe severally in theire turnes obserue the same, accord- ing as the inhabitants doe agree .; And this Courte doth explaine themselues and order that whosoeuer within this Jurissdiction, that is lyable to watch, shall take a journeye out of the Towne wherein hee liueth after hee hath had timely notice aud warninge to watch, hee shall provide a watchman for that turne, though himselfe bee absent ; and if any man that takes a journye, or goes out of the Towne wherein hee liueth, if hee returne home within a weeke after the Watch is past his howse, hee shall bee called back to watch that turne past a weeke before.§
[63*] And for the better keeping Watches and Wards by the Con-
* Approved by the General Court, Oct. 25th, 1644. p. 113.
+ Feb. 14th, 1643-4. p. 100. The clause which follows was added subsequently.
# June, 1636. p. 2. 6 Sept. 1649. p. 196.
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stables in time of peace, It is ordered by this Courte and Authority thereof, that euery Constable shall present to one of the next Magis- trates the name of euery person whoe shall vppon lawfull warninge refuse or neglect to watch or warde, either in person or some other fitt for that service : And if, being convented, hee cannott giue a just excuse, such Magistrate shall graunt warrant to levye fiue shillings on euery such offender, for euery such default : the same to be im- ployed for the vse of the Watch of the same Towne. And it is the intent of the lawe that euery person of able body (not exempted by lawe,) or of estate to hire another, shall bee lyable to watch and warde, or to supply it by some other, when they shall bee therevnto required. And if there bee in the same howse diuerse such persons, whether sonnes, seruants or soiourners, they shall all bee compella- ble to watch as aforesaid. Provided that all such as keepe families at theire farmes, being remoate from any Towne, shall not bee com- pellable to send theire seruants or sonns from theire farmes to watch and warde in the Townes.
WOLUES.
Whereas great loss and dammage doth befall the Common wealth by reason of Wolues, wch destroy great numbers of our Cattle, not- withstanding provision formerly made by this Courte for suppressing of them ; therfore, for the better incouragement of any to sett about a worke of so great concernement, It is ordered by this Courte and Authority thereof, that any person, either English or Indian, that shall kill any Wolfe or Wolues, within ten myles of any plantacon within this Jurissdiction, shall haue for euery Wolfe by him or them so killed, ten shillings paid out of the Treasurye of the Country : pro- vided, that due proofe bee made thereof vnto the plantacon next ad- ioyning where such wolfe or wolues were killed, and allso bring a certificate under some Magistrates hand, or the Constable of that place, vnto the Treasurer.
WRECKS OF THE SEA.
It is ordered and decreed and by this Courte declared, that if any shipps, or other vessells, bee it freind or enemye, shall suffer ship- wreck vppon o' Coasts, there shall bee no violence or wrong offered to theire persons or goods, but theire persons shall bee harboured and releiued, and theire goods preserved in safety, till Authority may [64*] bee certefied and shall take further order therein.
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VESSELLS .
It is ordered by this Courte and Authority thereof, that no Vessell nor Boate shall haue libberty to goe from any Porte in any Towne within this Jurissdiction, before they haue entred with the Register or Recorder in each Towne what quantity of powder and shott they carry forth with them in theire said vessells, and shall take a Certifi- cate, vnder the said Registers or Recorders hand, of the same, paying to him for every Certificate, foure pence : And if any vessell shall attempt to goe from the said Towne or Porte, or Townes and Portes, before hee hath entred as aforesaid, or shall bee found with any more or greater quantity of powder and shott aboard the vessell or vessells then they had a Certificate to shew they had entred, shall forfeitt and pay for each default the true value of all such powder and shott as they should haue entred as aforesaid. And all such persons or Mars of such Vessells shall giue a true account, vppon theire returne, to the said Recorder where they have entred the prem- ises, how they haue disposed thereof, vppon the former penalty : And if the said Towne Register or Recorder shall haue just cause to conceive that hee or they carry forth more of the premises then in an ordinary way is requisitt for theire necessary defence and safety in theire intended voyage, then the said persons or Mars of Vessells shall giue in security vnto the said Recorder, (if by him required therevnto,) that hee shall giue a due account to this Commonwealth of the same, vppon his returne.
FORREIGNERS.
It is ordered by this Courte, that no Foreigners, after the twenty ninth day of September next shall retaile any goods by themselues in any place within this Jurissdiction, nor shall any Inhabitant retayle any goods weh belongs to any Forreigner, for the space of one whole yeare after the said twenty ninth of September next, vppon penalty of confisscation of the value of one halfe of the goods so retailed, to bee paid by the seller of them.
[65*]
HOME LOTTS.
Whereas there is creeping in, in severall Townes and plantations within this Jurissdiction, a great abuse of buying and purchasing Home Lotts and laying them together, by meanes whereof great de- populations are like to follow, It is ordered that all dwelling or man- sion howses that are or shall bee allowed in any plantation or Towne within this Jurissdiction, shall bee vpheld, repaired and meinteined
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sufficiently in a comely way : As allso, whosoeuer shall possess and inioye any homelotts within any such plantation or Towne, that is not yet built vppon, shall, within twelve months after the making of this order, erect and build a howse there, fitt for an inhabitant to dwell in, vnless the Courte, vppon knowledge of the case, finde cause to abate, or giue longer time for building.
It is ordered, that the prises of Corne for the yeare ensuing, for all Country Rates, (except where ingagements to the contrary are ex- pressed,) shall bee as followeth :
Wheat, foure shillings six pence pr bush:
Pease, three shillings six pence pr bush:
Rye, three shillings six pence pr bush: Indian, three shillings pr bush:
And that there shall bee libberty for all men to pay one thirde parte of such Rates, in good Wampum.
State uf Cuunertirnt,
Office of Secretary of State.
I hereby certify, that I have caused the printed matter contained in the foregoing pages of this volume, to be diligently compared with the original Records of the Colony of Connecti- cut, prior to its union with New Haven ; and that I find the same to be (except where otherwise indicated and expressed,) a true, full, and literal copy of the said Records.
L. S.
In testimony whereof, I have hereunto set my hand and affixed the Seal of the said State, at Hartford, this 29th day of January, A. D. 1850.
ROGER H. MILLS,
Secretary of State.
APPENDIX,
No. I. (p. 68.)
LETTER FROM SIR WILLIAM BOSWELL, RELATING TO THE ENCROACH- MENTS OF THE DUTCH.
[In ' Colonial Boundaries,' Vol. II. Doc. No. 1.]
HAGHE, 22 Jan: 1643, st. vet.
Worthy Doct Wright,
You cannot but imagine of how small effect any instructions [to me ] or motions of myne heer are like to be, vntil our affres shalbe bet- ter settled at home ; yet is it vnfit wee should forbeare to keep any right wee haue on foot, or to set forth in due manner to the States th' encrochem' of their West-Inda Compny, (vnder whose wing the traders vpon Conecticut & Planters in New Netherld, if any be, doe sheltre themselues,) vpon his Matties sub'ts th'abouts. Wherfor my aduise (the best I can offre for present,) is,-
1. That the Parties interessed, (by whom the Mema" enclosed hath been drawne) procure some Declaracon or Act, from the Par- lemt, at least from the Howse of Commons, or their Comittee for these buisinesses ; wherby it may appeare, that they take notice & care of our people & plantacons in those p'ts.
2. That they procure lettres likewise, from the Lords of the Conelt vnto mee, wth this Memall or the like enclosed, requiring mee to represent the same, in wholle or p't, as I shall see requisit, to the States G'rall, & West-India Company, or others, whom I shall think propre. As also, to doe what else I shall iudge necessary, for atteyning the end, & quiett correspondee between the English & Dutch desired : And to make report.
3. They acquaint the States Ambr in London with the summe of these l'res, Mema", & Act. And to make him sensible of the incon- ueniences & harmes wch may & certainly will befall the West India Compny, &c., if any quarrells should arise & spread from those quar- ters. This to be done by p"sons of qu[ality.]
4. That in the mean tyme, th' English there doe not forbeare to put forward their plantacons, and crowd on, crowding the Dutch out of those places where they haue [occupied,] but without hostility or any act of violence. I will not doubt but they are so wise as to stand vp, on their guard, with sufficient caution, and force to resist any suddaine attempt by frends or foes vpon them.
49
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APPENDIX.
I shall heartily contribute the best of my powre vnto their & your content ; praying you to pardon mee for not answering yor l're sooner, hauing indeed hoped to haue learned something more to pur- pose, by the time I have taken, I rest
Yo' assured ould frend & seru',
Willın Boswell.
Dr. Laurce Wright &c. At Chartrehowse. For yourself.
[Sir William Boswell, was at this time English ambassador to the States General. How this letter found its way to the Colonial files, does not appear. It is probable, however, that the ' Memorial' to which it refers, was one drawn by Gov. Hopkins, (at that time in England,) and transmitted through the agency of his friend, Dr. Wright, to the English ambassador; and that the letter itself (indicating a course of policy which seems to have been closely adhered to by the Colony, in their subsequent dealings with the Dutch,) was brought to Connecticut, by Gov. Hop- kins, on his return, some months afterward. The Dr. Wright to whom it is addressed, is proba- bly the same to whom Mr. Hopkins, in his will, bequeathed a piece of plate of the value of £20, desiring " his honored friend Dr. Wright, to whom he owed much more than that, being much engaged, to accept it only as a testimony of his respect."]
No. II. (p. 112.)
A COPPIE OF Y COMBYNATION OF SOUTHAMPTON Wth HARFORD.
[From ' Towns & Lands,' Vol. I. Doc. No. 7.]
Whereas formerly sume Ouerturs haue by letters paste betwixt sum deputed by the Jurissdiction of Conectecote and others of ye plantation of Southampton vpon Long Iland, concerning vnion into one boddy and gouernment, wherby ye said Towne might be in- terested in ye general combination of ye vnited Collonies, for prosse- cution and issuing wherof, Edward Hopkins & John Haines being authorised wth power from ye Generall Corte for ye Jurisdiction of Conecticute, & Edward Howell, John Gosmore and John More de- puted by ye Towne of Southampton, It was by the said parties con- cluded & agreed, And ye said Towne of Southampton doe by their said deputies, for themselues and their successors, assotiate and joyne themselues to ye Jurisdiction of Conecticote, to be subiect to al the lawes there established, according to ye word of God and right reson, wth such exceptions & limmitations as are hereafter expressed.
The Towne of Southampton, by reson of ther passage by sea being vnder more difficulties and vncertainties of repayreing to ye seueral Corts held for ye Jurisdiction of Conectecote vpon ye mayne land, wherby they may be constrained to be absent both at ye times of election of Magistrats and other ocations, wch may proue p'judicial to them; for p'venting wherof, it is agreed, y' for ye p'sent vntil more plantations be settled neere to ye Towne of Southampton weh may be helpful each to other in publike occations, (and yt by mutual agre- ment betwixt ye said Towne and ye Generall Corte for ye Jurisdiction of Conectecote it be otherwise ordered,) there shalbe yearly chosen
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two Magistrats inhabbiting wthin ye said Towne or liberties of South- ampton, who shal haue ye same power wth ye Prticuler Courts vpon ve Riuer of Conectecote, though no other Magistrats of ye Jurisdic- tion be p'sent, for ye Administration of Justice and other ocations wch may concerne the welfare of ye said Towne, offences only wch con- cerne life excepted, or limbe, weh always shalbe tryed by a Courte of Magistrats to be held at ye Riuers mouth, weh said Magistrats for ye Towne aforesaid, shalbe chosen in manner following :
The Towne of Southampton, by ye freemen therof shall yerely p'sent to sume Generall Courte for ye Jurisdiction of Conectecote or to ye Gouerner thereof, before ye Court of Election, wch is ye second Thursday in Aprill, the names of three of their members of their said Towne, and such as are freemen therof, whome they nominate for Magistrats the yeare ensuing, out of web ye Generall Courte for ye Jurisdiction shall chouse two, who vpon oath taken before one or both of ye Magistrats for ye p'cedent yeare at Southampton, for ye due execution of their place, shal haue as ful power to proceede therin as if they had beene sworne before ye Gouernor at Conectecote. It is also provided yt ye freemen of ye said Towne of Southampton, shal haue libertie to voat in ye Courts of Election for ye Jurisdiction of Conectecote, in regard of ye distance of ye place, by proxie. But in case the Towne of Southampton shal, by any extreordinarie hand of Providence, be hindred from sending ye names of ye three p'sons to be in Election for Magistrats, vnto ye Generall Court in Aprill, or hauing sent, ye same doe miscarrie, it is in such case then prouided & agreed, yt ye two Magistrats for ye precedent yeare shal supply ye place vntill ye next Generall Court for election.
It [is] agreed and concluded, y' if vpon vewe of such orders as are alreddy established by ye General Court for ye Jurisdiction of Connectecoate, there be found any difference therin from such as are also for ye present settled in ye Towne of Southampton, the said Towne shal haue libertie to regulate themselues acording as may be most sutable to their owne comforts and conveniences in their own judgment, provided those orders made by them concerne them- selues only and intrence not vpon ye interestes of others or ye Gen- erall Combination of ye vnited Collonies, and are not cross to ye rule of riteousness. The like powre is also reserued vnto themselues for the future, for making of such orders as may concerne their Towne ocations.
It is agreed & concluded, yt if any party find himselfe agreved by any sentence or judgment passed by ye Magistrats, residing at Southampton, he may appeale to sum p'ticuler or General Court vpon [the] Riuer, prvided he put in securitie to ye satisfaction of one or both of ye Magistrates at Southampton spedily to prosecute his said appeale, and to answer such costs and dammages as shalbe thought meete by ye Court to which he appeals, in case there be found no just cause for his appeale.
It is agreed & concluded, y' ye said Towne of Southampton shal only beare their owne charges in such Fortifications as are necessa- rie for their owne defence, maintaining their owne officers and al
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other things that concerne themselues, not being lyable to be taxed for fortifications or other expences y' only apertaine to the planta- tions vpon the Riuer, or elswheare. But in such expences as are of mutuall & common concernment, both ye one and the other shal beare an equall share in such proportion as is agreed by the vnited Collonies, vizt. according to the number of males in each plantation, from 16 to 60 years of age.
The oath to be taken at Southampton.
I, A. B. being an Inhabitant of Southampton, by ye Prvidence of God, combined wth ye Jurisdiction of Conectecote, doe acknowledg myself to be subiect to ye Gouernment therof & do sweare by the greate and dreadfull name of the euerliuing God to be true & faith- full to the same, and to submit both my person & estate therunto, acording to al the wholesum lawes and orders yt are or hereafter shalbe made and established by lawful Authority, wth such limmita- tions & exceptions as are expressed in ye Combynation of this Towne wth ye aforesaid Jurisdiction, & that I wil nether plot nor practice any euil against ye same, nor consent to any that shal so doe, but wil timely discouer it to lawful authority there established ; and y' I wil as I am in duty bound maintaine the honner of the same and of ye lawfull Magistrats therof, promoteing ye publike good of it, whilst I shal continue an Inhabbitant there ; & whensoeuer I shal giue my voate or suffrage touching any matter weh concerns this Common Wealth, bein cald therunto, I wil giue it as in my consience I shal judg may conduce to ye best good of ye same, w"out respect [of ] p'sons, or fauor of any man ; soe help me God in ye Lord Jesus Christ.
The forementioned agreements wear concluded ye day & yeare aboue written, betwene ye parties aboue mentioned in behalf of ye Jurisdiction of Conectecott and ye Towne of Southampton, wth refference to ye aprobation of ye Commissioners for ye vnited Col- lonies, wch being obtayned the said agrements are to be atended and obserued, according to ye true intent and purpose thereof, or other- wise to be voyde and of noe effect; and in testimonie thereof hane interchangably [ ] put to their hands.
[Endorsed, in the hand writing of Secretary Clark.] A coppy of ye Combination with South- ampton.
No. III. (p. 119, 266.)
THE AGREEMENT WITH MR. FENWICK.
Writers upon our colonial history, almost without exception, have referred to the contract with Mr. Fenwick, as a purchase by Con- necticut of the jurisdiction right to the territory included in the Earl of Warwick's grant to Lord Say & Sele and his associates,-or in
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other words, as an assignment to the Colony, of the ' Old Patent' of 1632, held by Mr. Fenwick and his co-proprietors. Dr. Trumbull has given authority to this version, by stating that " the Colony, on the whole, paid Mr. Fenwick £1600, merely for the jurisdiction right, or for the old Patent of Connecticut;" (H. of Conn. 1. 150.) elsewhere, that the settlers of Connecticut and N. Haven were the patentecs of Viscount Say and Seal, &c., to whom the patent was originally given ;" (p. 28.) and again, (p. 118,) that " as the colo- nists, both in Connecticut and New Haven, were the patentees of Lord Say & Seal, Lord Brook and the other gentlemen interested in the old Connecticut patent, and as that patent covered a large tract of country, both colonies were desirous of securing the native title to the lands." Mr. Dwight, (who seems rarely, if ever, to have questioned the authority of Dr. Trumbull, in matters connected with the early history of the colony,) repeats the statement, that the colony paid Mr. F. £1600, " merely for the jurisdiction right, or for the old patent." (H. of Conn. p. 109.)
It will be seen, however, on referring to the agreement itself, that it is merely a contract of sale, of the fort at Saybrook and its appur- tenances, and the land upon the River,-with a pledge on the part of Mr. F., to convey to the Colony 'if it come into his power,' all the land between Saybrook and Narragansett River, included in the old patent. Such conveyance does not appear ever to have been made ; on the contrary, repeated admissions of the General Court, show that it was not made, and that so far from receiving any legal assignment or transfer of the old patent, the Colony was (so late as 1661,) with- out even a copy of it, and not fully informed as to the rights and priv- leges which it was supposed to confer. In the Instructions to Gov. Winthrop,* the agent of the Colony for procuring the charter of 1662, the General Court desire him " to use all due means to procure a copy of the Patent referring to these parts, granted unto those Nobles and Gentlemen whom Mr. Fenwick did represent in his sale to this Colony ;" and in case the copy could be obtained, Gov. F. was "to consider both what privileges, rights and immunities are therein granted, and to compare it with the Bay Patent," &c. In the letter to the Earl of Manchester, t the General Court represent the Colony as " having neither Patent or copy of it, nor aught else that may ensure us of future continuance of our present privileges." And if further evidence is necessary that the conditional engagement of Mr. Fen- wick, to procure an assignment of the patent, was never performed, it is furnished in the conditions of the settlement between the Colony and Capt. Cullick, (Mr. F.'s brother-in-law and executor,) and in the admissions of Mrs. Cullick, in her petition to the General Court in 1663, (after a copy of the old patent had been found by Gov. Winthrop, among the papers of Mr. Hopkins. )}
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