USA > Connecticut > New Haven County > Derby > Town records of Derby, Connecticut, 1665-1710 > Part 21
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This Court for ye prevention of thos indians Running away That are disposed in servec by ye athority yt are of ye enymi and have Submitted to marcy such indians if thay be taken it shall be in ye power of his master to dispose of him as a scap- tive by trancporting of him out of ye cuntry
And if any indian shal take up any such sarvant run away he bringing him to ye next athoryty shal have two yards of
260
Derby Records.
cloth for ye same and if any indian or indians shal hide any such run away cervant he or thay shall be Liable to pay 40 : shillings for every such offenc or suffer one months imprisen- ment :-
whereas there is Too frequent a practice among us for men to leave cattle and horses on purpos in meadowes and felds or other inclosures whare by thay doe great pregedis to there naithbors the oner of ye said feld for ye prevention there of it is ordered by this court yt hosoevar shal leave his cattle in any medow or feld yt is not broken up for fre commonedg ye oner of every such beast shal pay for ye Poundage of such beasts Two shillings ahead and if any hors cattle or swine Bee fre- quently trespasing upon there Naithbors after ye onors of them have Notice of it and do not use soficient means to prevent it thay likewise shal pay Twelve penc ahead for every beast or swine of theirs shal be impounded after such warning
whereas it is found yt ye marshall and cunstable in cerving of exsicutions have many tims tendered to them and som tims can find no other estate of dettors or delinkquents then such as is not devidable in it self whare by ye ovar pluch of ye aprisement is not [ ] To ye dettor or delinquent out of ye thing aprised for reles and direction in such cases ; this court doe order yt in such cases whare ye estate aprised doth by aprisement amount to more than ye creadetors due wth ye charges ye credetor and dettor doe not agre abought ye sattis- fiing ye [ ] That ye estate remain : 6 : dayes in ye officers hands at ye [ ] [ ] or delinquent and it shal be in ye libbarti of ye dettor [ ]
(Page 4.)
ording to y[ ]
officers just due ; in faillure whare
officers to [ ] ye excicution is directed shall at or after ye time Sel it by out cry for
ecyah Due or specyah devidable wch Said speciah shal be aprised and delivered
acording to ye excycutions- - this court considering ye good cervic of such committion
cerand Sargants as have bene in offece in ye late wars againts ye indens hoe have not ye
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Derby Records.
offices in ye trained bands doe se cause to honnor there desarts by exsempting them from
ning as Privat Soulders requiaring only yt al such officers be present at all trainings
respective bands whare thay Live wth there Sords and thereas ye these officers of ye
rained bands yt are present shal desire them to exersise ye Company or Part there
yt office thay beare in ye wars for there one and ye companies betar furderanc in ye
millitary disaplying unles themSelves shal chuse to fall into ye same Copasiti in ye bands Thay were in before ye wars and if one Shuch officers doe refuse or Nedglect to be present At ye Severall trainnings and attend ye desire of ye officers of ye : trained bands they shal be liable To som pennallty yt ye law apends to the Same offenc in millitary officers also all com- mition officers: viz: Such as have bene made so in ye leate wars Shall be freed from half there [ ] and ward only in ordenary tims of Peace
Extracted out of ye Records of ye Court and Sealed Acordin to order p John Allyn Secretary
To Derby Constable-
To publish & record-
At A Gen11 : Court held at hartford octo; 11th 1677 This Court doth grant a rate of eight pence upon ye pound upon all ye rateable Estate of ye Collony to discharg ye Cuntry debts to be payd in good & merchantable wheat pease & Indian Corn porck & befe winter wheat at five shillings p Poshels Summer wheat fower shillings p boshels, white peas Thre shillings six pence p boshels, indian corn at two shillings six penc p bo- shels : porck att Thre pounds Ten shillings p Parrell Good and marchantable full sized well Repact p ye packer ; & befe soe repact as before forty shillings p barell : all ways provided if there be above third paid in Indian Corn it shall be paid Not above Two shillings p boshels
Theas are Nomynated to Stand for ye Nomination for assist- ants in may next Wm : Leete Esq" : Magor : Robt : Treat Esq" M' Sam11 Willys Magor Nathan Gold ; Magor John Tallcott : Mr henery Woolcott : Capt John Alyn : m" W" : Jons m" Jams
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Derby Records.
Richards Mr alex Bryan M Jams Bishop. Cap: John Nash Cap : Thomas Tapen m" Matthew Gilbord Cap : Ben : New- bery, Magor Ed : Palms m" Andrew Lett : mr Thomas ffitch Mr Sam. Tullcat m' Robert Chapman Cap Wm : ffowler Mr Sam Sherman Mr John Wadworth Mr ed. Griswell M' John moss Cap : Wm : Curtic Cap ; Dan Clark m' Dan wetherell le" : Rich omstead
For the regulation of ye tanners it is ordered by this Court yt no tannor Shall have anny more fo taning any hide then Two penc upon ye pownd for grene hids and fower penc upon ye pound for dry hids-it is also ordered yt ye price of grene hids shal be thre penc p pownd and dry hids 6 penc upon ye pound exsepting abatements for [ ] hids and the tannor Shall set down ye price payd to ye bucher or onar to be paid vesabelly upon ye hide yt ye prise of ye hide being taned may be truly known it is also ordered yt if any tannor or onar of lether Shal Sel or cause to be sold any lether befor It be duly seled acording to law or shal sell any lether for more then the prise mentioned shall forfit such leather or the vally of it one third to the complaynor And ye rest to ye counti tresure whare it shall happen-for ye Regulation of ye shumakers it is ordered yt after ye first of may next no shumaker shal take Aboue five penc hapeny a size for al plain and wodden hele shoes for al sizes above ye mens Sevens 3 sole shoes well made and wrought nor above 7 p. 12 a size for well wrought French sols and every shomaker shal have by him a tru and test size or measure and acordingly make his shoes in the usuall manur and if any showmaker shal mark his showes or ware with a fals size or measure to Abuise and wrong the byer or shal sel above ye price above said-he shal forfit Such showes or ware -- for ye incorridgment of ye good peapell in this Collony in clering land it is ordered yt hoe so evar Shal henc forth inclose land he Shall have 4 : yers libarty or fredom from Reats before it be tested ; It is ordered by this Court that no bill of divorce shall be granted to any man or women lafully maried but in case of adultery fradulent contract wilfol desirtion for Thre yers with totall Niglect of Duty or seven yers providentiall Absenc being not heard of after due enquiary mead and certi- fied such parti Shall be counted as legally ded to ye other party
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Derby Records.
in all wch cases a bill of devorce may be granted by ye Court of asistants to ye agreved party [ ] may then lawfally mary or be married to any other [ ] by wofoll Experience in ye late war many of ye inhabetants
(Page 5.) of this cuntry, Living in a single and
Naithbor hods have distroyed and cut of by ye enyemy
Dwellings meade desolate to ye Reuin of such
families
And incorridgment of ye heathen in doing further mischeave Provedinces of god semes to testifi against Such a way of Living
Religion socyati in Naithborhod for common safty the P of them are in dainger to degenerate to hethenech egnoranc Court for ye Prevention of such inconveniency and evells and Doe orther yt for ye futor all Plantations or townships yt [ ] Plantation wise shall Settle themselves in such nerenes together yt thay be A help defenc and soccar each to other against any sirprise onset or attempt by any common enymy ; and ye gen- erall court from time to time shal appoynt a committy to Regular such plantation settlement acordingly-for as much as none can be egnorant of ye leate afol dispensations of g to [ ] pore wildarnes peopell evedently declaring his displeas- are in generall against ye land altho wth Lengthened out and undesarved patienc to us in this collony considering that though his hand is stretched out still in som places, Dismal clouds hangs ovar all the unawakeened and insencablenes of all Among us, so much apering in many god provoking sins rather abounding more than evar unrepented of and unre- formed to ye great gref of ye athority minystry and many other of gods peapell ad further being in som measure sensable of ye hour of temtation already begun in other Parts of ye world to gods peapell
And ye great hazard our dere native Cuntry and his magestys other domains espetially ye churches and Peapell of god in them are exsposed to by ye [ ] and prevayling power of ye enyme this Court thought good to appoynt Twelth of november next to be kept a day of fasting and pray" on the
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Derby Records.
ground afore said : and doe also reccommend it to al ye churches and minnistry through out this collony as often as thay can to ingage themselves and stir up there Peopell to ye work of sollom humeliation and prayer with turning to [ ] in this our day of Jacobs trobles :
extracted out of the Records of ye Court and Sealed acording to order p John Allyn
Secretary
To Derby cunstable To publeech and record
At A Court of Election held att hartford may : 9 : 1678 :
This Court doe Nominate & appoynt m' Sam11 : Shurman & Captn & Wm: Curtice to be for Stratford & Wodbery
This Court doe se cause to grant a yere longar for Crede- tors to make up there acounts wth their dettors
Where as in title atachments: fo: 4: 5 thare is libarty Granted for atachments Spetiall Pay ingaged, this Court de- clars yt that Spectiall pay is to be meade in writing or word of mouth when the goods or consideration for ye same was taken ye same by the dettor and in case this be not meade to appere to ye sattisfaction [ ] court by ye plantive ; ye judges before whom such case shall be tried areto [ ] in ye case and where as it is further expresed in ye law yt ye estate upon judgment shall be aprised to answer ye judgment This Court do In case ye dettor doth present ye spetiah ingaged to answer ye judgment of the court upon ye delivery of ye same provided it be within one month after given upon ye case ye estate attached shall be released to ye debtor
As an adition to ye law title scols (schools) This Court se cause to order yt every wher ye lord shall have incresed there Numbers to thirty families And maintain a Scoole to teach children to rede and wright upon ye p[ ] Expresed in a for- mar order of this Court
This court do grant ye tannors libarty to purchas hids from without ye [ ] And to pay for them in Leather and such and soe much leather may be transported out of this collony and Noe more upon ye pennallty of forfiture of ye full a[ ] There of This to stand duearing ye courts Plesure
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Derby Records.
This court do Repeale the order meade Last court for ye Regulating of [ ] And Shumakers extracted out of ye Court Records p John Allyn Secretary
To order
(Page 6.)
& marking of Horses for Severall me :
yereling hors colt being Ere marked last yere : it is a sorrell
a star In the forehead ; & a little white streake downe from
marked on the nere or left ere with a slitt on the of the said ere : it being a yere old last Spring ; branded N on the nere or left buttock :
Nicholes Camp one sorrell Hors colt half a yere old marked on the under side of ye nere Ere with a little Slitt : & branded on the nere buttock with : N : & a long white Streake on the forehead :
one Bay meare colt Branded on the nere buttock wth a : X I681 : marked with two hapenies on the under side of the offer or right ere one black gray hors colt half a yere old : branded -: 4: with : F : on the nere or left buttock: & marked with a slitt on 1681 : the under side of the nere or left ere ;
Richard Bryan : one gray hors colt : branded on the nere or -: 12: left buttock with : X : & marked with two hapenies out of the I681 : right or offer ere
Sar John Hulls one Rone meare colt Coming Two yere old : November : a star in ye forehead sum Small white in the offer or right futt 28: 1681 behinde ; marked on the offor or right eare wth a slit in or nere the top & a slit in the neere or left eare & a hapeny on the under side of the same eare ; judged to be the said Hulls by approbation of the Townsmen of Derby
[ ] Pringle one black meare colt with a star in the fore- 1681 : head marked on ye nere or left eare wth a slit in the top & another in the side of the same eare
Sa' EBen : Johnson hath Sold or changed with Abell Gun 1681: A blackesh Brown hors wth a star in ye fore head a T on the shoulder & a hapeny on the offar Eare or right Eare : Six yere old next Spring
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Derby Records.
1681 :
Abell Gun hath sold or changed wth Sar Eben : johnson a Sorrell hors wth a bald face, M, on the nere Shoulder & a Slitt on the under side of Each Eare coming Six yere old next Spring
[ ] hath a stray hors a black geldin Branded wth M on the nere or left Buttock : & Sc on the nere Shoulder ; & Two hape- nies or peces out [ ] the fore side of the nere or left Eare : prised by jer. Johnson & Ephraim wheler att Two pound :
- Riggs hath taken up a Bay hors astray, aboutt 4 : or 5 : yere old : Branded on the [ ] shoulder with : 7 + : & a very little star in ye fore head: & a white Snip betwen the nos- trells : Black fete & docked : a hapeni out the offer Eare.
[ ]one sorrellesh Dun meare Coltt in the yer 1681 : A little white down the face Brodest above the Eyes : marked with a . slitt in the nere or left Eare & Branded with : A : on the nere Shoulder
[ ] Abell Gun one light Dun hors colt Sum [ a slit in ] meare
(Page 7.) october : 5 : 1692
Jonas Tomlenson hath sold to Samuell Brinsmead a bay hors with
& taill marked with a swallow forke on the nere or left
A hapeny on the under side of the same eare : & a half offer or right Eare about five yeares old :
October : 5: 1682 :
Samuell Brinsmead hath sold to thomas Woster A Bay hors
mane & a black taile docked : marked wth a swallow forke or left eare & a hapeny on the under side of the same ear & a half slitt
on the offer or right Eare aBoutt five yeres old Abell Gun Clark
Feb. 8 : 1682 : Mr Richard Bryan one Sorrell Meare Colt Branded with ; X on ye Buttock; & Two hapenies out of ye offer Eare : A white in ye face A sorrell Spott in ye white towards ye offer or Right Eye: & the nere or left hones Behind & before white :
Derby Records.
267
one Black hors Colt with a streak of white Down the face To the mouth ; Branded with : X on ye nere or Left Buttock & two happenies cutt out of ye offer or right Eare;
Sam1 woster one gray hors colt Coming Two yere old March : I: 1682-3 marked with a swallow fork on ye nere eare ; Judged to be the Sd Wosters By approval of Two of the Townsmen
Abell Gunn hath Sold to Pellatiah Holbrook A blackesh March : hors about 7 or 8 : yere old : marked with a hapeni cut out of the offer Ear a star in the fore head : the right or offer fot Be- hind white : & branded with 4 : on the shoulder
John Beach hath sold to John Tibbals : A sorrell mare Two yere old & vantige : marked with Two hapenies on the under side of the nere or left Eare; & Branded with M on the (side ?) of ye nere Buttock : & a croked white streak down the fore- head
Samuell Riggs one Black mare colt coming Two yeres old marked with Two happenies cut out of the under side of ye left or nere Eare: & a hapeni cut out of Both sids of the right Eare : Sume white on ye left or nere fot below the fettlock : judged to be ye said Sar Rigges & alowed to be By the Towns- men of Derby
Samuell Riggs one Black hors about Eight yere old, eare marked with Two hapenies cut out of the under side of the nere Ear : & a hapeni cut out of Both sids of the right or offer eare with a star in the fore head & a little white Snip Betwen the Nostrils ; judged to be the said Sa Riggs & alowed to be by the townsmen of Derby ;
John Smith Sen: of the Town of milford one sorrell [ ] Coming Two yere old : marked with a hapeny out of the under Side of the nere or left are: & fouer white fete two woale eyes : & a ball face spreading over the right ey : & com- ming down the left jaw said to be the sd Smithes & alowed to be marked by the townsmen of Derby
Sar John Hubbell one Black hors Colt coming a year old : March : marked on the near or Left ear with a half tennent [ ?]
3: 1683 :
(Page 8.)
washban of Stratfor hath sold to Phillep Denman a bay
26: 1683 :
March : 19: 1682 :
Aprill : 20 : 1683 :
April : 25 : 1683 :
August : 25 : 1683 :
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Derby Records.
about aleven year old ; a hapeni out of the offer or right ear
ed with : S: on the near Buttock; a star in the fore head : & a few
on the rot (root) of the taile ;
of Derby hath sold to George Barly; of Stratford a light sorrill
docked ; 4 white fete : a white on the nose & a star in head ; 3 year old last spring :
Hawkins one gray hors judged to be a: year old ; marked with a stilt or half tennent on the under side of each Eare ; judged to be the said Abygall Hawkins hors as laying the best claim to him and alowed to be marked & recorded by the townsmen :
-: 13: I686:
Abell Gunn of Derby hath sold to Jonas Tomlinson a bay mare colt white in the face : with a slitt in ye neare or left eare : Black mane & taill : aged 2 year old now past ;
-I686:
Abell Gun of Derby hath changed to Ephraim Sanford of milford a gray hors about : 6: year old a gelding & docked ; Branded with A on ye nere or left shoulder & a hapeny cut out of the offer eare ;
William Tyler Jun' : sould to Ebenezar Johnson of Derby a black hors with a white face, two wall eyes, three white feet, and dock't, branded upon the left buttack with W : T, upon the left shoulder with M [ ?]
John huls ear mark is a slit down the right ear and a hapeny under the same ear
Joseph hulls ear mark is too half penyes on the fore side of the far or right ear
John Pringl ear mark is a slit down both ears
[ ?] Ear mark is a swallow fork on the far or right ear and a half peny on the under side of the near or left ear
DesemBer: 14: 1693 ; Jeremiah Johnson Junor ear mark is one noch under Each Ear
Janewary : 4: 1693 : Ther was a red pide heffer a stray too yer old coming taken up at Capt Johnson and prized at -I-5-0
David wooster ear marke is a hapeny under each ear
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Derby Records.
october : 26: 1696 Capt Johnson hath sould to good man a black mear about seven year old branded with an H on the neere shoulder and a slit in the neere eare
may : 19: 1700 Samuel Brensmead hath sold to Josiah bald- win by way of exchang a sorrell bald face meare two whit feet a noch on the under side of the off eare & B up on the neer shoulder
may: 17: 1700 Josiah baldwin heath sold to Samuel brins- mead by way of exchang a bay mare with a star on the for ed and two hapeny cut out of the nere side of the offer or right ear and branded with M on the near shoulder and hath [ ] [ ]
(Page 9.) To all whome it may conserne Know ye that I John Chatfield of the town of Darby in the county of [ ] haven & Coloney of Conecticute in new England for Consid- eration of the sume of Eleven pounds by being ingaged to be paid : wheare with I am fully contented, I have granted Bar- ganed sold asigned & made over & doe by thes presents grant Bargane sell asigne & make over unto George Beman of Derby in the County & Colloney afore said a sartaine parsel of swamp Land & being in a swomp Called grape swamp in the Town- ship of Darby Bounded west with the high way south with george Bemans swamp East with the comone Land north west & north with the highway that gos of horse hill unto the rocks ninety rods twenty Roods wide at the south and twelve Roods wide on north & norwest End Containing teen (ten ?) Acres by Estemat more ore Lesse to be to him his heayres & assignes forEver & doe couvnant promise to & with the above said george Beman that he his heayers exsecutors administrators shall or Lawfully may from time to time & at all times & quietly poses & in joy the above said parcel of land & all the appurtenances therunto belonging or in any wise apertaineing without Lett trouble interuption molestation claym or Demand from me my heayres exsecutors administrators asignes or any person or persons or to Clame from by or [ ] them or any of them or any to any part or parcell
It is to be under stood that i have sold all my right that is given me to this swamp
270
Derby Records.
-in witnes wherof i have sett my hand & seall this -day of febuary in the year of our lord one Thousand six hundred & ninty six or ninty seven
Signed sealed & Delevered in the
presents of us Ebenezor Johnson
John Chattfield
Abell hollbrook Appeard
before me acknowledged the in-
strument to be his own act the
20 of febeware 1694 Ebenezer Johnson Comysnor
(Page 10.) Know all men by thes presents that we whose names are under written mary washban somtime the wife off now ye realect of hope washbon Desesed will Washban & Samuell Washban mary washban & Jane washban the chil- dren of the above sd hope washban : Divers good Considera- tions us ther unto moveing are mutally agreed to devid the estate in Lands of the sª hope washbon as fowloweth inprimes, that william washban ye Eldest son of the above sd hope wash- ban : have & hold the house that ye sd hope Washban Died in & the home Lot & all ye Land in the field above the sd hill : Item that Samuell Washban have & hold the house & hom- stead that was formerly John Grivens & all the Lands belong- ing to that house that was ye sª John Grifins Item that ye Land below ye hill with all the Rest of ye Land that ye sª hope Washban Died posesed of & what Divistion Lands shall come in be equally Devided betwen the said william washban & Samuell washbon all wayes provided the said william wash- ban being the Eldest son have his first choyce: Item that mary washbon the Relecte of the sª hope washbane During her widowood has her Liberty to Dwell in which house she pleases ether yt her husband died in or yt which was John Grifins & to have one third part of ye Land if she see caus During her widowood. Item that what Debts wher Con- tracted in ye Life of the said hop washbon & are yet unpaid be Equally Discharged-by the sd william washbon & samuell washbon ye one to pay ye one equall halfe & the other ye other halfe.
1
Item the Rest of the undivided estate that was the sd hop washbans to be Left & Remaine to the disposall of the sd mary
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Derby Records.
washban ye Relecte of ye above sª hope washban : Jane wash- ban being under age has choosen befor the witnes below writ- ten her mother mary washban to be her gordion : dated the sixteenth of november one thousand six hundred ninty & six the Eight yeare of our sufereigne Lord King william
All the persons afore mentioned. apeared be- fore me & acknowledged. ye day or date aboue mentioned. the aboue written Instrument to be ther owne act & deed Signed Seald & Delivered in the presents of us John Davies Isaack Nicols Ebenezer Johnson Comisigr
the mark wo of mary washban ye relect aboue sd
The mark X of william washban & eldest son aboue said the mark of O samuell washban the mark of S Sarah washban John Johnson
(Page II.) To all to whome these presents shall come know yea that I William Tiller of Derby in the County of new haven in the colloney of conencticut in new England for & in con- sideration of the sume of thirty pounds parte then in hand paid & the Remander secured to be paid to me by stephen Person of the aboue sd Towne County & Colloney afor sd & divers other good & well advised considerations moveing ther unto have sold & doe by these presents fully freely & abso- lutly sell & alenat asigne sett over give grant & confir unto steven Person aforsd & to his heyers executors adminystra- tors & asignes my Dwelling house & home lote situat in Derby aforsd the home Lot consisting of about foure acres litil more or les & it is bounded on the south with the hous & Lot of the aboue sd Person east with ye Land of Phillip Denman & the west with the high way & one the north with the Land of John Tibols alsoe (teen?) acers of land Lying in the sd Derby on ye place called Sentany hill be it more or lese being bounded one ye south with ye Land of sd Person & John Tibols one ye north with the Land of Jerimiah Johnson one the west with the Land of Phillip Denman on the east with ye Land formerly apertan-
272
Derby Records.
ing to Doctor gune alsoe teen acres of land lying at Derby upon sentinall hill afor sd be it more or lese & is bounded on the Land of Jeremiah Johnson senior west & with ye towns Land east & one the north with Towne Land & the comone south alsoe three acers of medow lying in Davids medow be it mor or Less bounded with ye medow of sd Person the north one the south with ye medow of (miss?) Bowers one the east with a brook one the west with Towns Land for him ye for sd Person his heayrs & asignes to have hold yous ocupy poses & injoy the above sd home lote & tract of upland & medow spesified as his & their owne proper estate & inherettence for evar with out any maner of Lett hinderenc molestation disturb- ance Deniall challenge claime ore demand what soever of or by me the above sd william Tiller my heyers exsecutors or adminystrators or from or by any other person or persons what soever claming ore that may at any Time or Times hear- after clame the same or any part ther of for from by or under me by my meanes per act or procurment afirming my self to be the true Lawfull solle oner of the aboue sd house home Lot & tracts of up Land & medow aboue spesified & that I have- ing my self good Right & full power To sell & dispos of the same & that free & clear & freely & clearly & acquited exon- erated & discharged of & from all other & former gifts grants bargans sails morgages Doweries joynters wills in tayles Rents taxes & incumbranses whatsoever & now the aboue said house home Lot & tracts of up Land & medow above spesified to be Recorded to the sd stephen Person his heayers & asignes for ever with all previledges & convenenesey ther to beloning or in any wis apertaining in the town or county Records & fur- ther Couvnt firmly by thes presents for my self my heyers & exsecutors & administrators to & with the afor sd stephen Person his heayers & asigns, to signe seall & delivar any other & firmer deed & convey of the aboue sd spesifyed house hom lote & tract of upland & medow of the sd steven Person his heyers executors adminystrators & asigns shall be advised or divised from time to Time by the Counsell Lerned in the Law for confirmation of all which have to thes presents i put my hand & seall in stratford this twenty eight day of october in the
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