USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 9
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In the ac. of Math : Allen plt, agt Rich : Fellowes defent, the Jury find for the deft, chardges of Court & viiid. for powndage.
In the ac. of Math : Allen plt, agt Nich: & Will' Clarke defts, the Jury find for the plt, damages 3l. 3s. 4d. & costs of Court vijs.
The ac. of Math : Allen plt, agt Tho: Olcott is forborne vntill the next Court.
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OF CONNECTICUT.
In the ac. of John Robins plt, agt Tho : Holibut defent, the Jury find for the plt, damages 25s. & costs of Court.
Tho : Ford pl't, as assigne to Edward Smith, agt Tho: Marshfield deft, in an ac. of debt to the damage of 307. 13s. 4d. Roger Ludlowe Esqr, plt, agt Will' Whiting deft.
SEPTEBER THE 14th, 1643. A GENERALL COURTE. John Heynes Esqr, Gour.
Mr. Webster, Mr. Welles, Capten Mason, Mr. Swayne, Mr. Woolcott.
Mr. Steele, Mr. Taylcote, Mr. Westwood, Andrew Bacon, Mr. Hill, Mr. Stoughton, Mr. Hull, Will' Gaylard, Mr. Chapline, Mr. Robins.
The Courte is adiorned for a month.
[112]
SEPT@BER THE 15th, 1643.
Jo; Heynes Esqr, Gour.
Ed : Hopkins Esqr, Deputy.
George Willis Esqr, Mr. Webster, Mr. Welles, Mr. Whi- ting, Capten Mason, Mr. Swayne, Mr. Woolcott.
[Deputyes :] Mr. Steele, Mr. Talcott, Mr. Westwood, An- drew Bacon, Mr. Hill, Mr. Hull, Mr. Stoughton, Will' Gaylard, Mr. Chaplin, Mr. Robins, James Boosy, Sam- uell Smith.
The Grand Jury. Mr. Phelps, Jur; Willia Pantry, Rich- ard Webb, John Pratt, Nath : Waird, John White, Mr. Trott, Mr. Parke, Mr. Chester, Nath : Foote, Nath : Dickinson, Tho : Ford, Mr. Clarke, Mr. Porter, Mr. Terry ; Jur.
The Court adioyrned for a month.
OCTOBER THE 12th, 1643.
John Sadler was to be warned to the next Generall Court.
Whereas Mr. Hopkins, Mr. Willis & Mr. Whiting have prm- ised to vse their best endeauors to pruide fower barrells of pow- der, It is Ordered, that Wyndsor shall take offe two barrells,
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PUBLIC RECORDS
Hartford one barrell and Wethersfield one, yf yt may be had, & to make the best pay the Country afords to sute the occa- tions of the prtyes that pruide yt.
It is ordered, that Wyndsor shall haue for the prsent 30l. of powder out of the Comon stocke, wch they are to restore so soone as they can pruide.
It is Ordered, that Mr. Talcott and Andrewe Bacon are to take a record of the debts of the Country oweing in Hartford, Mr. Woolcott & Mr. Hill for Wyndsor, James Boosy for Weth- ersfield.
Mr. Whiteing and Capten Mason are to examine whether the Country or some prticuler prson are to dischardge the debt due to Roger Anadowne.
Mr. Hopkins, Mr. Whiteing and Capten Mason are to prsse eight souldiers wth sufficient arms and pruisions to be sent to Mohegen to defend Vncas,* and to doe such seruice in building or otherwise as shall be thought meet, and there to remayne as the said comittee shall see cause.
It is ordered, that the Gournor or deputy, or any two Magis- trats, vppon any sudden occation or eminent daynger may presse men and munition for a defensiue warre or to garde & defend the Country in their necessary occations or passage fro Towne to Towne. Also, the deputyes in the seurall Townes are desiered to call their prticuler Townes togather, to take Order wthin theselues to be in a posture of defence vppon an alarū, that the seurull souldears may know to what quarter to resorte and where to stand vppon their prsent defence.
Richard Lordt for his miscariedge in draweing his sowrd and vseing thretening speeches in contending wth Tho : Stan- tont about tradeing for indean corne, is fyned to pay to the Country fiuet pownd.
* The Commissioners of the United Colonies (who were at this time in session, at Boston,) having decided upon delivering up Miantonimo to be murdered by his captor, Uncas, (" that so execution may be done according to justice and prudence,") were apprehensive that the Narra- gansetts, or some of the neighboring tribes, allied with or tributary to the Narragansett Sachem, would seek to revenge his death. They therefore directed that measures should be taken to pro_ vide for the defence of the Colonies, and "that Hartford furnish Vncas with a competent strength of English to defend him against any present fury or assault of the Narragansetts or any other." (Records of U. Colonies.)
t The names of Richard Lord and Tho. Stanton, and the word 'fiue,' have been partially ob- literated, by drawing a pen across them, at a date evidently long subsequent to that of the record.
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OF CONNECTICUT.
It is Ordered that there shall be a rate of forty pownd leuied, to be paid to Mr. Fenwicke, to be laid out for the repaireing the Fort.
For the avoyding of many differences and quarrells that may arise by takeing vppe debts of Indeans, It is Ordered, that who- soeuer, after the publisheing this Order, shall sell for day, or trust any Indean or Indeans wth goods or comodityes, shall for- feit to the Country the double some or value of what they do betrust them wthall ; and that no man shall trade wth them at or about their wygwams, but in their vessells or Pynnaces or att their owne howses, vnder the penalty of 20s. ech tyme.
To pruent or wthstand such sudden assaults as may be made by Indeans vppon the Sabboth or lecture dayes, It is Ordered, that one prson in euery seuerall howse wherein is any souldear or souldears, shall bring a muskett, pystoll or some peece, wth powder and shott to ech meeting, excepte some on Magistrate dispense wth any on, and appoynt some other to supply his roome.
Jacob Waterhowse doth acknowledge himselfe bownd in a recognizance of Fifty pownd, to attend the next Court to an- swer for his mysdemeanor towards the Indeans.
The Court is adioyrned vntill Thursday next.
[113] A PITICULER COURT, HELD THE IXth OF NO: 1643. John Heynes Esqr, Gour.
Ed : Hopkins Esqr, Dep.,
Roger Ludlowe Esqr, George Willis, Mr. Webster, Mr. Welles, Mr. Whiteing, Capten Mason, Mr. Woolcott, Mr. Swayne.
The Jury. Mr. Tailcott, Tho : Osmore, Ed : Stebbing, John Barnard, Arther Williams, Mathewe Sension, Tho: Dewey, Tho : Orton, Tho : Vffoote, Samuel Hales, Rich- ard Parke, John Demon.
In the action of Nathaniell Dickinson plt, agt John Robins defent, the Jury find for the deft. Costs of Court vijs,
In the ac. of Nathaniell Eldredge plt, agt Tho: Marshfield, the Jury find for the plt, the debt and costs of Court, xl.
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PUBLIC RECORDS
In the ac. of Tho : Ford plt, as assigne to Ed : Smith, agt Tho : Marshfield deft, the Jury find for the plt, the debt & costs of Court. The debt, 30l. 13s. 4d.
In the ac. of Math : Allen plt agt, Tho : Olcocke deft, the Jury find for the plt, damages six pownd, fiue shillings, and costs of Court.
In the action of Roger Ludlowe Esqr plt, against Willia Whiteing gent. defent, the Jury find for the plt, damages thirty- nyne pownd, and costs vijs.
Willi' Lewes his fyne is to be paid at these seurall tymes, vizt. 5l. the 20th of March, and 5l. the 20th of Septeber, and the other xl. three months after.
[114]
No : xth, 1643. A GENERALL COURT.
John Heynes Esqr, Gour.
Ed : Hopkins Esqr, Dep.
Roger Ludlowe Esqr, George Willis Esqr, Mr. Webster, Mr. Whiting, Mr. Welles, Capten Mason, Mr. Swayne, Mr. Woolcott.
Deputyes : Mr. Steele, Mr. Talcoate, Mr. Westwood, Andrewe Bacon, Mr. Hill, Mr. Hull, Mr. Stoughton Will' Gaylard, Mr. Chaplin, Mr. Robins, Samuell Smith, James Boosy.
Whereas in the fundamentall Order* yt is said (that such who haue taken the Oath of fidellity and are admitted inhabit- ants) shall be alowed as quallified for chuseing of Deputyes, The Court declares their judgement, that such only shall be counted admitted inhabitants, who are admitted by a generall voate of the mayor prte of the Towne that receaueth them.
Whereas yt is obsearued that the late Order for on in a Fam- ily to bring his Arms to the meeting house euery Sabboth and lecture day, hath not bine attended by diuers prsons ; It is now Ordered, that whosoeuer hereafter shall at any tyime neglecte the same, shall forfeit xijd. for euery neglect, whereof vid. to the prty that shall informe and vid. to the Country.
* See page 23. [Or. 224.]
97
OF CONNECTICUT.
It is Ordered that all the souldears in the severall Townes wthin this Jurisdiction shall be trayned sixe dayes yerely* as they shall be appoynted by the Capten or other officer, Vizt. one day in the first weeke of these seuerall months here men- tioned, March, Aprill, May, Septēber, October & Noueber ; and if the day appoynted prue unseasonable, the Officer is to ap- poynt the next fayer day. The hower to begin is eight of the clocke. And whosoeuer shall be absent any of the said dayes after the hower lymited, or shall not continue the whole tyme shall forfeit 2s. vid. for euery default, excepte such as are lycen- sed vnder the hands of two magistrats. The Clarkes of the seuerall bands are to distreyne the delinquents wthin 14 dayes after the forfeture, and to take vid. for theselues, the remaynder to be for the mayntenance of drums, cullers & such like ; and if any of the said Clarks shall omit to distreine any delinquent for the said terme of 14 dayes, shall forfeit to the Country the double some. The Capten and officers shall haue liberty to re- lesse such as they approue for expert souldears for halfe a day, at any time. Mr. Ludlowe is desiered to call forth the soul- dears of the Towns vppon the sea cost, to see the exercise as aforesaid, vntill there be some fitt officers pruided.
Mr. Chaplyn, for diuulgeing and setting his hand to a writing cauled a declaration, tending to the defamation of Mr. Smith, is fyned to pay to the Country xil.
Frances Norton, for setting his hand to the said writeing, is fyned 5l.
John Goodridge also, for setting his hand to the said writeing is fyned 40s.
Mr. Plum, for prferring a rowle of diuers greuinces agt Mr. Smith & fayleing of proufe in the prsecutio thereof, is fyned xl.
Robert Rose for joyneing wth Mr. Plum therein is fyned 40s.
Its concluded that a writeing shall be prpared and openly read in the seuerall Townes, for the clereing Mr. Smith, and an Order made of ten pownd fyne for whosoeuer shall be conuicted vnder two witnesses to diuulge any the said greiuences to his defamation.
The Court is adiurned vntill Wensdey com seuennight.
* " It is judged meet by the Commissioners that there be trayneings at least sixe tymes eurie yeare in each Plantacon w hin this confederacon." (Rec. of U. Colonies, Sept. 1643.)
10
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PUBLIC RECORDS
Mr. Webster and Mr. Welles are to take vppe of the Tra- ders for Indean corn, the forfetures due to the Country.
WENSDAY THE
*DAY OF No: 1643.
Its Ordered, that there shall be a Rate of 1507. levied vppon the three Towns, wch is to be prportioned by Mr. Taylcott and Andrewe Bacon, Mr. Hill, Willa. Gaylard, Mr. Chaplin and James Boosy.
The Gouernor and Deputy are desiered to examine the Tres- urers accoumpt and to assigne the bylls for the Country debts, what shall be alowed.
Its Ordered that the plantations shall keepe a day of humil- iation vppon Wensday com three weeks.
Mr. Branker is freed fro watching & warding.
[115] Whereas many clamors haue bine raysed & spred through seurall prts of the Country, of some indirect proceedings of Mr. Smith of Wethersfield, both in Church administrations & in acting in the ciuell occations of the Towne, whereby the peace of the Comon welth was disturbed, wch gaue occation to the Court to giue liberty to all who had any iust greiuences in ether kynd agt him to prduce them in publique, and to apoynt a tyme for hereing and determining the same, wch accordingly
was attended by seuerall in that Towne, and many complaints made, wherein Mr. Smith was accused and judged by the to lye vnder much guilt. But vppon a full heareing of all that was aleadged by any in mayntenance of their accusations, It was found that most of their accusations were mistaks, wherein Mr. Smith was much wronged, both by false reports and vniust sur- mises. It was therefore, by vnanimos consent of the whole Court, Ordered, for pruention of the further spreading of the said reports wch tend so much to the priudice of the publique peace and th' aparent wrong of Mr. Smith, That whosoeuer wthin this jurisdiction shall hereafter be conuicted by the testi- mony of two witnesses, to continue or renewe any of the for- mer complaints (most of the said greiuences haueing bine also formerly hard by the magistrats and elders,) wherein he hath
* Blank in the original. .
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OF CONNECTICUT.
bine clered by this Court, shall forfeit to the Country ten pownd for euery such offence.
JANUARY 3d, 1643.
The Courte takeing the state of or natiue Country into con- sideration haue Ordered, that there shall be monthly a day of humiliation keept through the Plantations, according to the course of or neighbours at New hauen, and to begin vppō Wensday the xth of this month.
Mr. Fenwicke is prpownded to stand in election for a Magis- trate, the Court in Aprill.
The Gour & Deputy are desiered to returne an answer to the request of the Ilanders, signified by their letter prsented to the Court.
Gyles Whiteing is dismissed fro trayneing & is content to pay 12d. euery trayneing day, to the Clarke of the land, to- wards the mayntenaunce of drums & cullers.
The Court is adiorned for sixe weekes.
[116]
FEB. 14th, 1643.
John Heynes Esqr, Gour.
Ed: Hopkins Esqr, Dep.
George Willis Esqr, Mr. Webster, Mr. Whiteing, Mr. Welles, Capten Mason, Mr. Woolcott, Mr. Swayne.
[Deputyes :] Mr. Steele, Mr. Talcott, Mr. Westwood, Andrewe Bacon, Mr. Hill, Mr. Hull, Mr. Gaylard, Mr. Stoughton, Mr. Chaplin, Mr. Robins, Samuell Smith, James Boosy.
Nath: & Elizabeth Willet plts, agt Benedict Alueret defent, in an ac. of debt to the damage of 12l.
Math: Allen plt, agt Tho: Steynton defent, in an ac. of the Case.
All prsons that can bring in sufficient proufe that they are aboue 60 yeares of age, are freed fro watching.
Whereas yt is obsearued that many differences arise fro the inequallity of measures that are vsed amongst vs, for the pruent- ing whereof, It is Ordered, that the Clarks in the seuerall
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PUBLIC RECORDS
Townes wch are appoynted for the fixeing the said measuers shall once in euery yeare appoynt a certen day and place & giue notice to the Inhabitans to bring in their measures to them to be tryed and compared wth the standard; and they shall haue 3d. for the first fitting and sealeing ech measuer, and 2d. for euery tryall and sealeing, pruided that non be sealed but of seasoned wood ; and it shall not be lawfull for any prson wthin these libertyes to sell by any other measure but such as are sealed, and whosoeuer shall fayle to bring in his measure to the said Clarke at the tyme & place appoynted shall forfeit 12d. for euery default, wch forfetures shall be gathered by the said Clarks, and they shall haue 4d. in the shilling to theselues ; and if vppon tryall any measure be found to little they shall cutte out the seale. They are also to size & seale all yards and wayghts.
Forasmuch as many laborers and workemen complayne that they are forced to put offe their Corne wch they receaue for their worke to seuerall Chapmen, for comodityes, at a cheper rate then they take yt att, For the pruenting whereof, It is now Ordered, that whosoeuer wthin these libertyes shall sell any Comodityes or make any bargaine to be paid in Corne, after the publisheing this Order, shall take the said Corne att the Country rate.
[117] Whereas many complaynts are brought into the Court by reason of diurs abuses that fall out by seuerall prsons that sell Wyne and strong water, as well in vessells on the River as also in seuerall howses, for the pruenting whereof yt is now Ordered, that no prson or prsons, after the publisheing this Order, shall nether sell Wyne nor strong water in any place wthin these libertyes, wthout license fro the prticuler Court or any two magistrates.
Whereas the Condition of these seuerall Plantations in these beginnings wherein we are, is such that necessity constraynes to improue much of the grownds belonging to the seuerall Townes in a comon way, and yt is obsearued that the publique & generall good, wch ought to be attended in all such improue- ments, receaues much priudice through waint of a prudent ordering and disposeing of those seuerall Comon lands to such wayes of improuement as are most prpr to the, and may best aduance the publique good, It is therefore Ordered,
OF CONNECTICUT. 101
that ech Towne shall before the sitting of the next Court, chuse fro among theselues seaven able and discreet men, who by this Order haue power giuen the, and are required to take the coñon lands belonging to ech of the seurall Townes respectively, into serious and sadde consideratiō, and after a through disgesting of their owne thoughts, sett downe vnder their hands in what way the said lands may in their judgement be best improued for the comon good. And whatsoeur is so decreed & determined by the said 7 men in ech Towne, or any fiue of the, conserne- ing the way of improuement of any such lands, shall be at- tended by all such prsons that haue any prpriety or interest in any lands that shall be so judged by the said Comittee.
And whereas also, much damage hath risen not only fro the vnrulynes of some kynd of Cattell but also frö the weaknesse & insufficiency of many fences, whereby much variance and difference hath followed, wch if not pruented for the future may be very priudiciall to the publique peace ; It is therefore likewise Ordered, that the said 7 men soe chosen, or at lest 5 of the, shall sett downe what fences are to be made in any Comon grownds, and after they are made to cause the same to be vewed, and to sett such fynes as they iudge meet vppon any as shall neglect or not duly attend their Order therein. And when fences are made and judged sufficient by the, whatsoeur . damage is done by hoggs or any other cattle shall be paid by the owners of the said cattle, wthout any gaynesaying or releife by Repleivy or otherwise. And the seurall Townes shall haue liberty once euery yeare to alter any 3 of the former 7, and to make choyse of others in their roome : It being pruided that any prticuler man or men shall haue liberty to inclose any of their prticuler grownds, and improue the according to their owne discretio by mutuall agreement, notwithstanding this Order.
[118]
[A PITICULER COURTE. * ]
John Heynes Esqr, Gour.
Ed : Hopkins Esqr, Dep.
* The date is not given.
10*
102
PUBLIC RECORDS
George Willis Esqr, Mr. Webster, Mr. Whiting, Mr. Welles, Capten Mason, Mr. Wcolcott.
The Jury :- Ed : Stebbin, John Edwards, John Stadder, John Cattell, John Wastoll, John Byssell, Water Fyler, John More, Henry Woolcott, Will' Wadsworth, Andrew Bacon, Will' Gybbins.
Henry Woolcott pl. agt Bray Rocester deft, in an ac. of the Case, to the damage of 5l.
John Dymon pl. agt Tho : Gunne deft, in an ac. of tres- passe for Fals Imprisonment.
John Dymon pl. agt Edward Presson deft, in an ac. of the Case to the damage of vijl.
Ed : Presson pl. agt Will' Perwidge deft, in an ac. of the Case to the damage of xl.
Tho: Steynton pl. agt Tho: Crump deft, in an ac. of Slaunder.
Jaruis Mudgge
Nath : & Eliz : Willet pl. agt Benedict Alueret deft, in an ac. of debt to the damage of 12l.
Math : Allen pl. agt Tho: Steynton deft, in an ac. of the Case, 28s. damage.
Mr. Will' Whiteing pl. agt Tho : Bassett defent, in an ac. of the Case to the damage of vl. 10s.
Mr. Will' Whiting pl. against Dauid Wilton deft, in an ac. of the Case to the damage of ixl.
In the ac. of Math : Allen pl. agt Tho: Steynton deft, the Jury find for the pl. damages 28s. & Costs of Court. Execu- tion graunted.
In the ac. of Willia Whiteing pl. agt Tho: Basset deft, the Jury find for the pl. damages 5l. and Costs of Court.
In the ac. of Nath : & Eliz : Willet pl. agt Benedict Alueret deft, the Jury find for the pl. damages 5l. & 2d. and Costs of Court.
Tho: Hurlbut his fyne is respited, vppon Peter Bassakers tryall to make nayles wth less losse and at as cheape a rate, then he is to duble the fyne, otherwise to be quit.
103
OF CONNECTICUT.
The Jury find that John Ewe, by misaduenture, was the cause of the death of Tho : Scott.
The said John Ewe is fyned to pay fiue pownd to the Country and ten pownd to the Wyddowe Scotte.
[119] THE COURT OF ELECTION, APRILL, 1644.
Edward Hopkins Esqr, Gour. John Heynes Esqr, Dep.
George Fenwicke Esqr, George Willis Esqr, Roger Lud- lowe Esqr, Mr. Webster, Mr. Whiting Tres"., Mr. Welles Sec., Capten Mason, Mr. Woolcott, Mr. Swaync. Mr. Steele, Mr. Talcoat, Mr. Westwood, Andrew
Bacon, Mr. Trott, James Boosy, Nath : Foote, Sa : Smith, Mr. Hill, Mr. Hull, Mr. Gaylard, Tho : Ford.
Vppon the petition of Benedict Alfford for reliefe agt the verdict giuen in by the Jury at the sute of Nath: Willet pl. It is Ordered, that judgt shall be respited till the Court put an issue thereto.
Its the apprhension of the Court that the damages & Costs of Court mentioned in the petition of Benedict Alford, that yt shall be layd vppon Marshfields estate, by the prportion of other creditors, and what that falls short shall be borne by the said Benedict & Mr. Woolcott & Nath: Willet by equall prportions.
The Courts adioyrned to the second Thursday in May.
MAY THE IXth, 1644.
The Court is adioyrned vntill Munday, the third of June, eight of the clocke, vnder the penalty of 2s. vid. eur default.
JUNE THE 3, 1644.
Whereas many strayngers & passengers that vppon occation haue recourse to these Townes, and are streightened for waint of entertainment, It is now Ordered, that these seuerall Townes shall pruide amongst theselues in ech Towne one suffi- cient inhabitant to keepe an Ordinary, for pruisiõ and lodgeing in some comfortable manner, that such passengers or strayngers
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PUBLIC RECORDS
may know where to resorte; and such inhabitants as by the seuerall Townes shall be chosen for the said searuice shall be prsented to two Magistrats, that they may be judged meet for that imployment, and this to be effected by the severall Townes wthin one month, under the penalty of 40s. a month, ech month ether Towne shall neglect yt.
Whereas many differences arise about dresseing and meas- ureing of Corne, betwixt the buyer and seller, It is now ordered, that the sealer of the measures in eury Towne shall keep a stan- dard whereunto the buyer may resort; and the said measurer hath power, and is appoynted by the Court to determine and issue the differences that may arise both in respect of the measur and also the dresseing & cleanes of the grayne. The mesurer to be paid by the guilty prty.
[120] The Court adiorned to the last July, (x a clock) vnles the Gour see cause to call yt sooner.
Its Ordered that the two Peeces that came fro Piscataq' shall be purchased for the vse of the Country ; the Gouernour and Deputy are desiered to contract wth the owners for the.
Whereas by reson of the badnes and rottennes of much yarne and other defects that fall out in the ordering of yt, both lynnen and woollen, many weauers are discouridged to goe on in their trade, It is therefore Ordered, that two experienced men shall be chosen in ech Towne who shall haue power to judge and determine the price or rate that any weauer in the said Towne shall receaue by the yard for such yarne, who shall vewe and make tryall thereof, vppon complaynt made vnto the ; and whereas they are many tymes much hindred by seeke- ing for their pay, they are now to retayne their worke in their custody vntill they receaue their pay for yt. Joseph Magott & George Graues are chosen for Hartford, Will' Gaylard & Eld- weed Pomry for Wyndsor.
The Gouerr and Mr. Fenwicke are desiered and chosen by the Court to be Comissioners for this Jurisdiction, to agitate such businesses as shall fall out to be attended in behalfe of the Combinatiō, the next meeting in September and for the yeare following.
Mr. Steele, Andrewe Bacon & James Boosy are to order &
105
OF CONNECTICUT.
appoynt some convenient howse in Hartford, for the comly and sutable meeteing of the Comissioners in September next, where- in they may agitate the affaires of the Combination.
Whereas many stubborne, refrectary and discontented sear- uants and apprntices wthdrawe themselues fro their masters searuices, to improve their tyme to their owne aduantage ; for the pruenting whereof, It is Ordered, that whatsoeuer searuant or apprentice shall heareafter offend in that kynd, before their couenants or terme of searuice are expiered, shall searue their said Masters, as they shall be apprhended or retayned the treble terme, or threefold tyme of their absence in such kynd.
For the pruenting of differences that may arise in makeing or setting downe of Fences, as well in meadowe as vpland, It is Ordered, that in the setting posts and rayles or hedges, in the meadowes and homelotts, there shall be a liberty for ether prty of 12 inches fro the diuident lyne, for breakeing of the grownd to sett the posts, or for the laying on the hedge, but the staks. and posts are to be sett in the diuiding lyne ; and in vpland there is alowed a liberty of fower foote for a ditch, fro the diuiding lyne, for ether of the bordering prtyes where the prpor- tiō of fence belongs vnto the.
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