CORNELL UNIVERSITY UBRARY CORNELL UNIVERSITY LIBRARY 3 1924 082 451 398 DATE DUE m.,^^^' ■ ms JS*»i6fe M^" i T"teg»- Tmr — MAntu j^pzfijasQ PRfNTCO IN U.S.A. The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924082451398 E F5(?®-R.«) S OF THE COLONY OR JURISDICTION OF NEW HAVEN, FROM MAT, 1653, TO THE UNION. TOGETHER WITH THE NEW PIAVEN CODE OF 1656. TRANSCRIBED AND EDITED IN ACCORDANCE WITH A RESOLUTION OF THE GENERAL ASSEMBLY OF CONNECTICUT. By CHARLES J. HOADLY. M. A. State Lilbnurian, Member of the Conn. Hist. Soc, HAETFORD: PRINTED BY CASE, LOCKWOOD AND COMPANY. 1858. W CORNELL UNIVERSITYi \LI8RARY At a General Assembly of. the State of Connecticut, holden at New Haven in said State, on the first Wednesday of May, in the year of our Lord one thousand eight hundred and fifty-six : - Resolved, That the secretary be authorized to purchase for the use of the state, two hundred and fifty copies of the proposed publication of the Records of the Colony of New Haven, prior to the union with Connecticut, transcribed and edited by Charles J. Hoadly, Esq. Provided, that such publication shall be authenticated by the official certificate of the secretary, as a true copy of the original record ; and provided also, that the-expense of the same shall not exceed two dollars and fifty cents per volume. Resolved, That the copies so purchased be distributed as follows ; one copy fo the town clerk of each town in this state, to be preserved m his ofHoe for the use of the town ; one copy to the governor, and to each of the state officers of this State ;. one copy to the governor of each of the several states and territories of the United States, to be deposited in their several state libraries ; one copy to the library of congress ; one copy to the Smithsonian Institute; one copy to each of the colleges of this state; twenty-five copies to Mr. Alexander Vattemare for international exchange ; and the remainder of the said two hundred and fifty copies to be deposited in the offipe of the secretary, subject to the disposal of the general assembly. r PREFACE. The present volume comprises all the Records of the Jurisdiction of New Haven now known to exist, except the few entries in the 'Eecords of the Colony and Plantation of New Haven,'»printed in 1857. In the Introduction to the work just mentioned, it was stated that the volume of Records of which this is in immediate continuation, had many years ago disappeared ; so long since, indeed, that no writer on Connecticut or New England history seems to have had an opportu- nity to consult it. Reference is made in this book to two places in the missing volume, one as fo: 176) said to contain records of the date of May 30th, 1649, the other, fo: 303, containing some of the date of May 29th, 1651. The Records of the Town of New Haven, prior to the Union, are unbroken in their series, and it is from them, together with those of the other towns in combination, that the history of New Haven Jurisdiction from 1644 to 1653 is mainly to be gleaned. The same care has been used to render the text strictly correct and reliable as in the previous volume. The editor has taken the liberty to omit a few passages, indicated in notes, containing details of evidence in some criminal cases, for which he trusts no apology is needed. Several documents from the Files of the State have been inserted in their chronological order in the text. This seemed to the editor better than to throw them into an appendix. They are printed in a smaller type, and the places noted where the originals may be found. The New Haven Laws are here given from the original printed copy belonging to the Library of the American Antiquarian Society at Worcester, Massachusetts, which has been very kindly loaned for that purpose. That copy is in excellent preservation, and, having his name written upon the title page, with the date 1656, is supposed to have belonged to John Davenport himself. As the book is of great rarity, and perhaps unique, a more particular description is added : it is a small quarto of eighty pages, though at signature G- there is a break in the paging, none being numbered 47 or 48 — it is printed with type of about the size generally used in the body of this volume, — it has no running title, — the breadth of the page, exclusive of the IV PEEPAOi). marginal notes, is the same with that of this work, and its length six inches. A fair transcript of these laws is now in the Secretary's office, which was made by Mr. Baldwin, then librarian of the American Antiquarian Society, at the request of the General Assembly in 1834. The laws contained in this code were passed at various times, and perhaps collected and digested about 1648 or 1649, though revised and in some degree altered in 1655, upon the perusal by Governor Eaton of the 'New booke of lawes in y" Massachusets colony,' and the ' Small booke of lawes newly come from England, w"" is said to be M'. Cottons.' Of the latter the full title is given in the note,* and an idea of its contents may be obtauied by consulting Hutchinson's Coll. 161, and 1, Mass. Hist. Coll. v. 173. Dr. TrumbuU, Hist. Conn, p. 235, edit. 1797, appears to have confounded it with another work attributed to Cotton,! but with reason thought to be by Davenport. The editor acknowledges renewed obligations to those gentlemen who have rendered him assistance in various ways, in particular to Hon. Francis DeWitt, -late Secretary of the Commonwealth of Mas- sachusetts, and to Mr. David Pulsifer, of Boston, for copies of docu- ments from the files of that State, to Samuel F. Haven, Esq. of Wor- cester, Mass., to Henry White, Esq. and others of New Haven, Ralph D. Smith, Esq. of Guilford, and to several friends in this city. Grateful for the favor with which his former volume was received, the editor beheves that the one now given to the public will be found of much greater interest and importance. If it shall contribute to foster a taste for the Study of the original materials for our history, he will feel that his labor has not been lost. State Libeaet, Haktfoed, C. J. H. May 3, 1858. * An Abstkaot of Laws and Government. ■ Wherein as in a Mirrour may be seen the wisdome & perfection of tlie Government of Clirists Kingdome. Aooomodable to any State or form of Government in the world, that is not Antiohristian or Tyranni- oall. Collected and digested into the ensuing Method, by that Godly, Grave, and Judicious Divine, Mr. Johh Cotton, of Boston, in New-Englcmd, in his Life-time, and presented to the generall Court of the Massachusets. And now published after his death, by Willidm AspmwaU. Isa. 83. 22. Jehovah is our Jtidge, Jehovah, is our Law- giver, Jehovah is our King, he mil save us. London, printed by M. S. for Idvemel Chapman, and are to be sold at the Crown in Popes-^ead Alley, 1655. — Small 4to. pp. 36, with title and preface 8, and analysis and errata 2. t A Discourse about civil government in a new plantation whose design is religion. Written many years since by that Reverend and worthy minister of the gospel, John Cotton, B. D. And now published by some undertakers of a new plantation, for general direction and information. Cambridge, printed by Samuel Green and Mar- maduke Johnson, 1678, — Small 4to. pp. 24. Bacon's Hist. Disc. 289, REOOEDS OF THE JURISDICTIOI^ OF NEW HAYEN. [In the handwriting of Francis Newman.] [1] At a coubt of election held at Newhauen for the Jurisdiction the 25*1' of Mat, 1653. Theopbilus Eaton, Esq"^, was chosen Gouerno'. M'. Stephen Goodyeare was chosen Deputie Gouerno"". IVancis Newman was chosen Magistrate for Newhauen. m'; JohnTstw*^IdT' ! ''^°'^° Magistrats for MiUford. M"^. William Leete was chosen Magistrate for Guilford. Theophiius Eaton, Esq', ) , Comission's and Oapt. Jn° Astwood, p*^^^^'^ ^"^^^'''^ ^■ M^. Leete is chosen a third man, and M'. Goodyeere a fourth, in. case any of the other or both should not be able to attend the service. M"". Joshua Atwater is chosen Treasurer. Francis Newman is chosen Secretarie. Thomas Kimberly is chosen Marshall. All chosen for the yeare ensuing and till new be chosen. 1 All w"=h came w'h due cirtificats. 2 bec0bd3 op the [1653 At a Geneball Coubt held at Newhauen, fob the Jubis- DicTioN, THE 25*'' OP Mat, 1653. Pbesbnt, Mf. Stephen Goodyear, Dept' Gou'. Francis Newman, Mf . William Fowler, Magistrals. Mf. William Leete, Mr. Gibbard, ) ^ , ^^^ Newhaven. Henry Lindon, ) ^ Jasper Graine, \ . Tj^andford Samuell Swaine, j ^°^ iiranaiora. First the deputies p^'sented cirtifycats of their being chosen to tliis trust by the free-men in each plantation ; none from South hold being present at this time, wherefore the court ordered that those deputies Wh were appointed for carying on civill affaires at South hold the last yeere are continewed still in J" same trust till further order from this court.* The Court was informed that the free-men of Stamford desire a constable may be chosen to cary on the publique occasions in their towne, and they haue pitched vpon Richard Law if [2] [the] II court see cause to confirme it, w<=h the court now did, and comitt the same power to him as Francis Bell had the last yeare, and becaus this yeare is like to proue verey trouble- some and many occasions may present, therefore the court orders that another man be chosen by the free-men there as a marshall, wh shall be helpfull and assistant to him in pub- lique buisnes as he shall appointe. It is ordered that twelue horses shall be kept in the fine townes in this jurisdiction that are vpon the maine, viz^ : foure at Newhaven, two at Millford, two at Guilford, two at Stam- ford & two at Brandford ; w^h sufficient furniture for trauell * In margin, " Southold, the froamen to ohnse ftno[ther] in LiY : Buds roome if they will." 1653] JUBISDICTION OP NEW HAVEN. 3 and to bee allwayes in a readines as the publique occasions of the cuntry may require ; and for the hire of the horses, the owner shall haue from Newhaven to Connecticote tenn shil- lings, from Millford to Stamford ten shillings, from Newhauen to Millford two shillings eight pence, or foure pence a mile, according as it is vsually accounted. The charge of keeping the horses is left to euery towne to consider ; the hazard of the horse to be vpon the owner, but .the charge of hiring men, whether messengers or others, to bring horses backe againe, to bee at the publique charge, as the authority of the place from whence they are sent shall agree w*h them. The Court considering how vsefuU horses may be for service in warr if wee should haue occasion, and how few there is left in the jurisdiction w^h are at present capeable of being made fitt for that imployment, thought good to order, that no horses be sold or sent out of this jurisdiction w'hout license from those psons and vnder such penaltie as it is ordered in case of other cattell. The Deputies that were chosen to cary on civill affaires at Brandford the last yeare are againe iiow chosen and appointed to the same trust and service for the yeare ensuing, and haue the same power and authority comitted to them as they then had. The Court considering and seing by experience that in these troublesome times sundrie occasions come suddenly in w"=h requires the attendance of some Wh may act in them as they shall conceive best for the publique good & safety, and the court being vnwilling to continew all here together for that purpose, did appointe M'. Goodyere, M'. Leete, Francis New- man, M"". G-ibbard, Benjamin Fenn & M. Crane, as a comittee, to whom they giue as full power to act in any sudden buisnes that may fall out, (so as they shall judg may bee for the good of ye jurisdiction,) as if they themselues were p'sent & acted in it. EECOEDS OF THE [1653 [3] At a Genbeall Court held at Newhauen foe the Jurisdiction the 29"* op Junej 1663. Present, Magistrats. Theaphilus Eaton, Esq', Gou. \ M'. Stephen Goodyear, Dept. Gou. \ Newhaven. Francis Newman, Magistrat, ) Capt. Jolin Astwood, Mag: for Millford. Mr. William Leete, Mag: for Guilford. Deputies. Mr.Gibbard, j Newhaven. Henry Lmdon, ) Benjamin Penn,jjj.^f^^^_ KoDert Treate, \ My. William Ohittendine, ) Qvulford M''. Thomas Jordan, ) E;J'"|' . ! soutthoid. William Furrier, J flSeTlUnejBrandfora. The Gouerno'' acquainted the court w^h what was done at the comission last at Boston, concerning the warr propounded against the Duch, and pticularly w*h an interpretation of the Gene"^!! Court of the Massachusets of the Articles of Confede- ration, wherein they declare that the comission'"s haue not power to act so fajrr in matters of that nature as to make an offencive warr ; these wrightings were readj and the interpret- ation was much disliked by the court, knowing that if it stood, the combina,tion of the Colonies must be broken or made vseles. The Gouerno' also acquainted the court w'h a late confer- rence Wh himselfe, Capt' Astwood and M"". Leete hath had w'h the magistrats and generall court of Connecticote Juris- diction, and that they haue agreed to send the minde of both the generall courts to the Massachusets concerning that inter- pretation, (that from this colony the court desired the gouerno'^ to drawe vp, w^h is hereafter entered,) and also againe to de- 1653] JURISDICTION OP NEW HAVEN. 5 sire aide and assistance from tliem in this vndertakeing against the Duch, according as the comission'^s had agreed, that is fiue hundered men from all the colonies, -w'h suitable pvsions for such a designe, but if that be not yeilded, that then they would give leaue that we Yse some meanes whereby volunteeres may be procured out of their colonic, w'h shipping, victualls and amunition fitt for that serTice. And the better to further and accomplish it, it is agreed that foure psons shall be sent as agents or comissioni^s from the two generall courts, that is, two from Connecticote and two from hence. Wherefore the court did now chuse and appointe M^. William Leete, one of the magistrats of this jurisdiction, and M^. Thomas Jordan, one of the deputies for the generall court for Guilford, for this service, who are to haue coinission and instructions from this court to authorise and direct them to act and negotiate in this buisnes, and to give the comission'"s a call to sitt here at New- haven the first or second Thursday in August next, w"h an- swer to the Massachusets declaration* and the eoinissions and instructions are as foUoweth, The answer of this Generall Court to y« Massachusets declar- ation. Vpon information of a question propounded by the honno^ed Generall Court of the Massachusets, concerning the power of the coiaission'"s to determine the justice of an ofifensive warr and the answer of the coinittee therevnto. This court hath considered and compared the Articles of Confederation and the interpretation together, and desire they [4] II may w^hout offence express their thoughts and appre- hensions in ye case. The confederation betwixt the colonies was no rash & sud- den ingagem', it had bine severall yeares vnder consideration. In anno 1638 there was a meeting at Cambridg aboute it, but some things being then propounded inconvenient for the lesser colonies, that conferrence ended w*hout fruit, and the foure jurisdictions, though knitt together in affections, stood in refferrence one to another loose and free from any express * In margin, " W'h declaration is recorded ia y ^ets of y comission's of y" Coll. May, 53." 6 BECORDS OP THE [1653 couenant or combination, till vpon a new invitation and prop- ositions from the Massachusets, another meeting was appoint- ed at Boston, in May, 1643 ; so that magistrts, deputies and free-men, especially those of the Massachusets, had aboute fiue yeares time to consider what they were aboute, the compass and consequences of such a consociation, and probably did im- proue it, and saw cause to renew the treaty so long suspended. 2. After a large & serious debate of the comittee chosen and impowered by the seuerall jurisdictions, (the Generall for y<* Massachusts then sitting at Boston, and being ac- quainted and from time to time advised w'h concerning all and every article treated of,) the 19"i of May, 1643, a firme agreement was made & concluded, wherein the other jurisdic- tions by their deputies, the Massachusetts, both by their depu- ties and by the generall court, considering that wee were all of one nation and religion, and all of vs came into these pts of America w'h one and the same end and aime, and (could it have bine done w'h conveniency) had communicated in one gouerment and jurisdiction, thought it their bounden duty w'hout further delay to enter into such a present consociation as whereby the foure jurisdictions might be and continew one, according to the tennour and true meaning of the Articles of Agreement, and that thencforth they all be, and be called by the name of the Vnited Colonies of New England. 3. Though all the plantations w^h allready are or hereafter may be duely setled w'hin the limits of each of these foure colonies are to be and for euer to remaine vnder the gouer- ment of the same, and each colony to haue peculiar jurisdic- tion w'hin itselfe as an intire body, as expressed in the 3^ and e"" Articles^ yet till now that was neuer vnderstood to cross or abate the power of the comission''s in things proper to the con- federation. The colonies vniting did for themselues and their posterities enter into a perpetuall league of frendshipp and amity, for offence and defence, mutuall advice and succour vpon all just occasions for the joynt safety and wellfare, as in the second Article. The charge of all just warrs, whether offensive or defencive to be borne by the foure colonies in their severall pportions, & the advantage of all such warrs, (if God 1653] JUMSDICTION OP NEW HAVEN. 7 give aJblessinge,) to be accordingly devided, as in the 4"" Ar- ticle ; and for the managing and conclndeing all such affaires, by expi'ess agreement, eight coinission's are to be chosen, (all in church fellowship, an(^ all to bring full power from their severall generall courts,) namely two by and out of each colo- ny, to heare and examine, weigh and determine, all affaires of warr and peace, leagues, aides, charges and numbers of men for warr, devision of spoyles or whateuer is gotten by conquest, receiving of more confederats or plantations into combination w'h any of these confederats, and all things of like nature wh [5] are the proper concomitants or {| consequents of such a confederation, for amity, offence or defence ; and if these eight comissionrs when they meete agree not, any six of them agree- ing haue power to setle and determin the buisnes in question, but if six doe not agree, then such propositions w*h their rea- sons to be sent and referred to the foure generall courts, &c., as in the G''' Article.- They were also to indeavo' to fram and estabhsh agreements and orders in generall cases of a civill nature, wherein the plantations ar§ interessed, for p^serVing peace amonge themselues and preventing (as much as may be) all occasions of warr or differrences w'h others, as aboute the speedy passage of justice in each jurisdiction to all the confederats equally as to their owne, &c., as^more largely ap- pe'ares in ye 8"» Article, so that certainly and w'hout question these foure colonies haue by a perpetuall covenant invested the coniission''s w*h power suiting such a confederation, and w'hout it the cobination must either breake or prove vseles. 4. As questions and scruples may arise and growe about the justice of an offensive warr, so conscience may be exercised in a defensive warr and concerning leagues and aides. Jehos- aphat the king of Judah sinned and was rebuked by two prophets, Jehu & Eliezer, for joyning w'h and helping Ahab & Ahaziah, kings of Israel. If therefore the generall court for the Massachusts doe now conceive and interpret that the power giuen to the commission'^s (men of the same nation, of the same religion, members of approued churches, who came into these pts for the same ends and spirituall aimes, and who had coinunicated in One and the same gouerment & jurisdic- 8 RECORDS OF THE [1653 tion, had not distance of place hindered,) in an offensiTe warr is a contradiction and absurdity in policy, a seandall to religion, a violation of fundanientall law, a bondage and pros- tituting itselfe to strangers, &c., they may at their next meet- ing, vpon the same or like grounds conclud against leagues, aides, a defensiue "warr & other pts of trust and power where- ■w*h the comission^s by the Articles are invested, and the three other colonies, or the generall court for any one of them, may doe.the like, but wee feare in so doeing wee shall draw guilt vpon ourselues in violateing a perpetuall league, so deliberatly and firmely made, be covenant breakers and provoake God against vs. 5. It may be considered when a just warr in ordinary cases may be called offensive or vindictive. When God gaue the land of Canaan, their citties, vineyards, &c., vnto the chiUdren of Israel, Israel was the staffe or sword in Gods hand by his appointement to punish a rebellious people, the measure of whose sinns was then full, but ordinarily and in refferrenoe to men, lawful! warrs are to defend, recover, secure or get satis- faction, in case of just possessions or rights injuriously invaded, seized or indangered by others, w'h respect to persons, estates or honoi^s, when other meanes wiU not serve ; such a warr was Davids against the chiUdren of Ammon, 2 Sam: 10, and such wee conceive was the late warr of England against Sqotland, and their p'sent warr against- the Duch. 6. Such leagues and confederations haue bine made and continewed amonge other people and provinces, some in a subordination, some in a consociation, vpon some seuerall [6] articles and covenants || wherein power hath bine granted, and yet customs, priviledges and parts of gouerment reserved for the sa,fety of the whole and conveniency of the parts, as may appeare in the different agreements and setlements of the Netherland Provinces, and the confederation of the cantons of the Switzers, &c. 7. Wee know of no fundamentall law of these colonies vio- lated or impared by the Articles of Confederation, as, (till now wee conceive,) they haue bine clearly and fully vnderstood by the whole coinittee and by the general! court of the Massa- 1653] JUEISDICTION OF NEW HAVEN. 9 chusets, whose heads and hands were in the eontriving and frameing of them, nor is there any such deligateing of others, especially of strangers, as is intimated. The freemen of the colonies generally, choose their owne respectiTe comission''s, such as in whom they may confide, and accordingly they are invested w'h power according to the combination covenant, and for these ten yeares wee haue found the blessing of God vpon our vniting, and his presence and assistance vpon the meetings and conclusions of the comission's. 8. According to the intent of the colonies and contrivers of the confederation, hath bine the practise in all former times. The coinission'^s haue mett and treated w'h power onely limit- ed to the Articles. The Indians, French and Duch haue had recourse to them in all matters of warr, leagues, aides, &c. from time to time; but this most clecrly appeares in anno 1645, when the meeting was at Boston, and the generall court for the Massachusets had some agitations w'h the commis- sion's aboute an offensive warr w'h the Narraganset Indians, if ye warr now propounded against the Duch may be called offensive, the generall court would haue sent a comission after the soldiers gon from Boston but not yet out of the jurisdic- tion, conceiveing that if othei"wise any blood should bee shed, the actors might be called to account for it. It was answered that though it did belonge to the authority of the severall jurisdictions (after the warr and number of men was agreed by the comission's,) to raise the men & pvide meanes to cary it on, yet the proceeding of the comission"'s, and the comission given, was as sufBcient as if it had bine done by y« Gen: Court, for, first, it was a case of such vrgent necessitie as could not stay the calling' of a court or counsell. 2. In the Articles of Cofederation, power is giuen to the coffiission's to consult, order and determine all affaires of warr, and the word (determine) comprehends all acts of au- thority belonging thereto. 3. The Coinission'^s are the sole judges of the necessity of y^ expedition. 4. The Generall Court haue made their cofnission's their sole counsell for these affaires. 2 10 EECOEDS OP THE [1653 6. Their counseles could not haue had their due effect ex- cept they had power to proceede in this case as they haue done, wh were to make the comission!'s power, and the maine end of their confederation to be frustrate, and that meerely for observeing a ceremony. 6. The comission''s haueing had the sole power to mannage the warr for number of men, fime, place, &c., they onely know their owne counsells and determinations, and therefore none can grant comissions to act according to these but themselijes., 7. To send a new comission after them or any confirmation of that w=h they haue, would cast blame vpon the comission''s and weaken their power, as if they had proceeded vnwarrant- ably. After much time spent in such agitations, the generall court for the Massachusets allowed the proceedings of the coinis- [7] sion''s for || the matter, and further agreed that it did belong to the commission's onely to appointe one to haue command in cheife ouer all y« forces sent from the severall colonies. 9. In the vniting of these colonies it was agreed & cove- nanted that if any of the confederats shall hereafter breake any of these pi'sent Articles, or be any other way injurious to any one of the other jurisdictions, such breach of agreement or injury shall be duely considered and ordered by the coinis- sion's for the other jurisdictions, that both peace and this pres- ent confederation may be intirely preserved w'hout violation, as in the ll''' Article. And it is a rule in law concerning legall acts, that all expressions & sentences, though of a doubt- full construction, be vnderstood for the confirming of them as farr as rationally may be. Then certainly in confederations and covenants, blood may not be drawne out by forced inter- pretations contrary to cleare words, sentences, the scope and purpose of all the Articles, and to the practise of all times since, to nullify or infringe them. 10. The premises considered, we conceive the interpretation made by the comittee & approved both by the magistrats and deputies of the Generall Court for the Massachusets, appar- rently tends to the breaking of the league of confederation be- 1653] JUBISDIOTION OP NEW HAVEN. 11 twixt the colonies, and though by an order of June the S^, 1653, they declare they haue no such intention, that satisfyes no more then if a man maimed and made for euer vseles should be told his life for a time should be spared. This col- ony conceiveth (and is accordingly affected,) that it had bine xaxich. better for them neuer to haue combined. They are more exposed to enemies and dangers now then before, while that interpretation stands in force at the Massachusets. The comission^s from thence are like to be sent w'h a limited' comission, and no fruit can be expected from such a meeting; all they can doe is to looke vp to him to whom all the shields of the earth belong, and y^ second place to seeke advice and help elsewhere. The comission and instructions of M'. William Leete, one of y6 magistrats for Newhaven Jurisdiction, and M^. Thomas Jordeuy one of the deputies for the Generall Court of the same Jurist', joyned to two agents or comission''s of Con- necticote, sent as a coinittee to treat w'h the honorable colonie of the Massachusts, as herevnder is more pticularly exprest. Whereas as all the confederated colonies, but especially these two smaller and more westerly jurisdictions, are in imminent danger of an invasion or warr, both from the Duch, (if once they be strengthed w^h forces, either from the Netherlands or elsewhere,) and from the Indians hired and ingaged by the Duch, (as by much Indian testimony is proved,) to cut of the English, not onely of Hempsted, Midleburrow, &c., w'hin the Duch lymits, wlio are threatened and exposed to ruine, for their faithfallnes to the English nation and their cuntry men in these parts, but the plantations w'hin the Ynited Colonies. Yow are to treate w'h the Gouernor, Counsell, Comission's and GeneraU Court of the Massachusets, or any of them, as you finde or may procure opptunity. That for the hono'' of the English nation, the peace and safety of the English in all this pt of America, by warr if no other meanes will serve, the Duch at and aboute the Manhatoes, who haue bine, and stiU are like to prove, injurious and dangerous neighbours, may be [8] removed, and that (according to the || comission's late 12 ' BE00ED3 OP THE [1653 agreement at Boston,) five hundered men may be speedily raised out of the foure colonies in proportion then setled and w'hout delay imployed in this publique service. But if the Gouernos Counsell, Coraission^s, Generall Court, &c., as aboue, thinke fitt to increase that number, (the Duch being now more strongly fortifyed,) or vpon other considera- tions much importing the wellfare of the whole confederation in these times of exercise, these two colonies of Oonnecticote and Newhaven doe joyntly desire that w*hout offence thxee magistrats of this jurisdiction may give a call (according to the 5^^ Article in y= Confederation,) to the commission's to meete at Newhaven the 4"> or 11''' day of August next, aU invested w'h full power from their severall jurisdictions, ac- cording to the Articles of Confederation, w'hout any other lymits then haue heitherto bine vsed. The Generall Court haue also (as you know) pvsed and considered the interpretation of the Articles of Confederation made by a comittee at Boston and approved both by magistrats and deputies of y^ Massachusts Generall Court, and by way of answer, doe now returne their apprehensions inclosed in a letter to the Gouerno'', Dept' Gouerno' and Coinission''s of that Colonic, w'=h wee herew'h deliuer to you, and you are to present to the Gouernor, June, 1653, ^ Francis Newman, Secret'. Further instructions for M"". Leete and M''. Jordan, if they cannot prevayle in the former ppositions. You are to propound and desire from the Gouernor, &c. libberty to strike vp a drum, or in some other way to treate for the raysing of volunteeres to assist these two colonies in an expidition for their safety, and if leaue be granted, (for wee would give no offence,) you may speake w'h such millitary 1653] JURISDICTION OP NEW HAVEN. 13 officers in whom you may confide, for the better furtherance of the worke. By the Gener" Court forNewhauen Colony, the 29'i> June, 1653, ^ Francis Newman, Secret. Further instructions for M'. William Leete and M'. Thomas Jorden, if they cannot prevayle in y^ former propositions. 1. For the number they may be two, three, or foure hundred men, pvided that such agreements and conclusions may be firmely setled in wrighting, that these two colonies may w'h conveniency send such a proportion of men as they may spare, that they may haue at least an equall share, both in power to order and command in all affaires, and in the success and ad- vantage of the buisnes in all respects, if God giue a blessing ; but herein they that by agreement stay w^h the stuff, or be ordered as a reserve or an auxiliary army, to guard y^ planta- tions or to watch against any invasions or assaults of y« In- dians vpon the plantations, to be reckoned as pt of our number [9] II and to share equally w^h. the rest ; and herein due con- sideration be had of shipping for the service, what great gunns will be necessary, w'h suitable pvision, w'h victualls, &c. ; and you will vfarily consider the qualhty and disposition of the men w*h whom you treate & their company they are like to bring, that they be such as w'h whom wee may joyne in the same way, both of church administratios and civill gouerment ; wee would be loath to bring Road Island or any of that stampe or frame nearer to vs. 2. If shipps should come from England, bringing such comissions as may suit the service propounded, while you are in those pts, it is hereby left to yo' discretion to treate & con- clude w*h them for the publique good, according to the ten- nour of yo' instructions, though wee cannot prescribe all ptic- ulars. 3. In case the Gouerno"^, &c., should send an answer to all propounded, in a letter sealed, neither treating nor acquaint- ing yoW with the contents, you may in time and place conven- ient, avoyding offence, open the letter and • consider what is written, that you may the better pceede in any thing to be 14 EECOEDS OP THE [1653 done, by you according to directions now giuen, and if any letters come from England, wh you may rationally conceive concerne publique affaires, you are to send them w'h all speede, though you hire a messenger. The wise and good God assist you according to y^ weight of yo"" worke, "Wee rest. By the G-ene'^11 Court for Newhauen Colonie, June aQ"", 1653, ^ Francis Newman, Secret. But if the Massachusets Colony should refuse to yeild to the goeing on of the warr as the coinission''s agreed, and also to meete as commission'"s at Newhaven at the time appointed, but should giue liberty for Tolunteeres to goe, and so the warr pceede, then it is ordered that this colony and Connecticote agree together to chuse a cotmsell of warr to sitt here at New- hauen for the ordering of the warr in all respects, so as they shall judg will be best for both the colonies. It was propounded to the court, that in case the Massachu- sets Colony will not revoake their interpretation they haue giuen of the Articles of Confederation, whether then the coiriission''s for this colony shall meete at the vsuall time in September. The court by vote declared, that in case that in- terpretation be not called in, they see no cause why they should meete. It was propounded to know how the amunition w'=h came last from the Bay, w^h is this colonyes pt, sent ouer by the Corporation, shall be disposed of. Some would haue had it devided, but the most of the court agreed to have it kept to- gether at Newhauen for the present, and the powder to be laid vp in seuerall houses in a seecret way as the magistrats and deputies of Newhaven shall appointe. Concerning the friggot w'^h. lyes at Connecticote, it is order- ed, that this colony will joyne w'h Connecticote in a way of proportion to buy her and fitt her w^h gunns and what else is necessary to goe forth vpon the service intended, that is to coast vp and downe betwixt the rivers mouth and Stamford for the better security of the two colonies from enemies w<=h may come by sea to doe spoyle vpon them, and whereas it is conceived she will cary ten gunns, it is agreed that foure of 1653] JUEISDICTION OP NEW HAVEN. 15 those tenn this colony ■will finde, W^h shall he had two from Newhaven, one from Gtiilford, and one from Brandford, & if there be occasion for more, one from Southhold. [10] II The Courte tooke into consideration the provisions ordered to be staide for the vse of the jurisdiction in March last, whether it shall be releasd or not, but considering how vncertaine things are, ordered that it be kept till M'. Leete returne from the Bay, or other order be given. Captaine Astwood acquainted the court that he hired a horse at Springfeild when he went to the Coinission in anno 1649, wh horse received some hurt in his jurny as the owner saith, and desires some further satisfaction then he hath had. The court declared themselues willing to satisfy any man in his just demands, yet conceive he had his hire for his worke, w<=h was a just recompence, hut being it was for publique ser- vice, in w<=h they desire no man may suffer, they order that he shall haue twenty shillings more pd him by the treasurer of this jurisdiction. It is agreed and concluded that the Gouerno' shall haue fifty pounds paide him this yeare ensuing out of the jurisdiction treasury, according as the same soine was ordered to be pd him y« last yeare. It is ordered that a rate of two hundered pounds be levyed from the seuerall plantations in this jurisdiction, W^h is to be paide according to their males and estates in due & equall pportions, w<=h is as foUoweth, from Newhaven, from MiUford, from Guilford, from Stamford, from Southhold, from Brandford, W^h paye is to be made in good money, or merchantable beavor at price currant," in wheat at 5^ p bush., pease or rie at 4^ p bush., in beefe at 3^ p ', or porke at 4^, all good and mer- chantable, and when either beefe or porke is packed in caske, the salt and caske is to be added and alowed for, and if any man paye live cattell, they are to be prised by indifferrent men chosen for yt purpose, or in any other paye w"=h may satisfy 75 16 04^ 42 16 06 28 05 01 £ s. d. 22 18 10 '200: 00: 00 15 11 05 14 11 10. 16 BECOEDS OF THE [1653 the treasurer and answer the jurisdictions occasions. All w^h is to be paide in to the treasurer at Newhaven betwixt this and the first of September next, vnder the same penalty as was ordered by the jurisdiction generall court the 27*'' of October, 1646. The Court was informed that a complainte was made to the Gouerno'', lately being at Connecticote, by some Indians, that some of Southhold had taken away their gunns, wh was now inquired into & found to be so, and the deput' of Southhold informed the court yt the Indian from whom the gun was taken caried it not weU, so that there might be cause to take it from him or them, yet y« towne were willing they should haue them againe, but some pticular psons that haue taken them are not willing, because by an order made in their towne the one halfe belongs to them, wherefore the court did now order that those gun or guns so taken be restored to the In- dians againe, that no publique quarrell may be begun w% the Indians by ts vpon any such account, yet judg that the In- dians should be warned that they cary it more inoffensively, or else they must know that y« English will not beare it. The Deputies of Stamford informed the court, that they haue bine at great charges in keepeing men to ward in the day time, for the soldiours that were pressed for the service, if the [11] warr || had gone on, haue bine vnder paye euer since, and bine as a guard to their towne in thfe day time. That the souldio's should be vnder paye, the court witnessed against it, for it was by no order of theirs, nor did any of the other townes ■ keepe their souldiofs vnder paye ; yet in regard that they are a fronteere plantation and so may be in more danger then some others, and out of tenderness to them in these troublesome times, the court orders that towards their charges six poundes thirteene shillings foure pence shall be abated out of their part of the jurisdiction rate. The Court was informed that the marshall hath spent much time aboute publique occasions, ouer and aboue what his place as marshall requires him to doe, for w<=h the court orders him to haue forty shillings pd by the treasurer, but agreed that 1653] JtfBISDICTION OP NEW HAVEN. 17 hereafter, for any such publique comon buisnes he bring in a pticnlar acc°', that.they may know what they alow him for. It is ordered that John Harriman shall receive that paye he is to have of the jurisdiction, from any plantation where it is due, as he shall desire, in such paye as the plantation payes in, the propertie thereof not being altered. It is ordered that estates of all the, teaching elders in y« jurisdiction shall hereafter be left out of the bills w<=h are brought in yearely to make vp the jurisdiction rate by. The Court haueing heard sundxie reports of an vnsatisfying offensive way of cariag in some at Southhold,.as those w<=h grow weary of that way of civill gouerment w°h they haue for diuers yeares (and w^h much comfort and safty) liued vnder, wh cariage of theirs tends to disturb the peace of the jurisdic- tion, and they the rather beleeve it because of a late pittition presented to this court by the said inhabitants, w'=h is a troubles to them to see, wherefore these are first to desire that all such psons may see their miscariages & judg themselues for the same, and that euery man would rest himselfe satisfyed w^h that way of gouerment w<=h God hath setled him vnder there ; but if any shall not, but grow troublesome, this court doth then declare that they may not beare such disturbers, but must call them to acc°t for the same, and doe hereby require the depu- ties intrusted for civill afiaires in that plantation that they giue notice of any such psons who shall be active in such courses, that they may bee proceeded w'h according to their due deserts. The Court considering that when they are dissolued & broken vp, there may be occasions present wh neede both councell and power to be put forth in way of action for the good of the jurisdiction, as pticularly aboute the fitting vp the friggot at Connecticote, if she be brought heither, and ordering other things aboute her imployment, or what else may fall in, therefore the court chose the magistrats of the jurisdiction, or the major pte of them, (they calhng in what deputies they please,) as a comittee or counsell, who shall issue and deter- mine any buisnes w'h concernes the publique good as fully as if the court were present. 3 18 records op the [1653 [12] At a Geneeall Court held at Newhauen for the Jurisdiction, the 3^. of August, 1653. Present. Magistrats. Theophilus Baton, Esqs GouernoS^ M'. Stephen Goodyear Dept' Gou. > Newhaven. Francis Newman, Magistrate, ) Capt' John Astwood, for Millford. M'. William Leete, for Guilford. Deputies. M^ William Gibbard, Henry Lindon. Benjamin Penn, Robert Treate. My. Chittendine, M'. Jorden. Richard Law, Francis Bell. M'. Crane, Liuetenant Swaine. The Gouernor acquainted the court w*h the answer return- ed from y« Massachusets by M^. Leete and M"^. Jorden, and severall wrightings were now reade to the court, first an an- swer from the gouerno'^ himselfe, vnder his owne hand, and two other answers from the counsell, vnder the hand of M"'. Edward Rawson, Secretary, w<=h are as foUoweth, &c. The Gouerno''s first answer. Hono'^ed Gentlemen, I haueing two dayes since received two letters and other wrightings from ye two jurisdictions of Connecticote and Newhaven, addressed to myselfe, ye Deputie Gouernor, and our two comission''s, I read them ouer and (after Capt' Hawthorne, one of our coinission''s, had pvsed them,) I sent them away w'h all speede to M'. Symon Brad- street, by a messenger of purpose, that so both our corhissionrs might consider of their answer to them ; and being importiined 1663] JURISDICTION OP NEW HAVEN. 19 by M"-. Thomas Jorden, of Guilford, to wright some thinge vnder my hand in answer to the said letters and wrightings, wherein I can for the present neither satisfye myselfe nor any other man, seeing it concerues the generall court to answer them, w^h I suppose they will when they assemble next, but now to call a generall court of purpose to such an end and at such a time as this is, vnless more Trgent necessitie did moue it, I cannot see how I shall be able to answer it to the cuntry, especially considering the generall court hath allready had so longe and large a debate aboute what is now. further vrged, viz* : a present warr w'h the Duch, and the comission''s of the Vnited Colonies, after all their long agitations, did not con- clude anything aboute it, neither is their any new matter of weight that invites vnto it our comission''s ; if you please to give them a call I suppose they will be ready to answer it, and may be invested w^h power as formerly w'hout any limitation, yet I beleeve the generall court will keepe their authority, so as not to act in so weightie a concernment as to send forth men &c, either to shed blood or to hazard the sheding of their subjects blood, except they can satisfy their consciences that God calls for it, and then it must bee cleere aiid not doubtfuU, it must also be necessary & expedient, for a generall I con- ceive will not act implicitly, (being the cheife power and au- thority of the cuntry or colony,) in a designe of so high a nature, neither doe I thinke it was euer at first intended so to act against their consciences when they entered into confed- eration. I shall, (God willing,) wright more at large to my honored frehd M". Eaton, the gouerno"" of Newhaven, when the wrightings are sent backe, meane while I rest, Yo"" louing frend, Salem the 14tJ» of the Jo Bndecott. 6th moneth, 1663. [13] The CovMsells first answer. Eight WorPP & much honored, The whole counsell being called together, andhaueing read and considered yc letter and yo' generall courts sence and construction of the Articles of Confederation. The case is of great concernment and very weightie, and therefore wee desire that it may be further seriously weighed and throughly agitated, to the full satisfaction of all the colo- nies, Wh is that which wee sincerely and earnestly desire. But inasmuch as the generall court hath so farr acted in the interpretation of the said Articles &c, wee hauing for the pres- ent no power to alter it, or to put any other construction y™ 20 RECORDS OP THE [1653 till the generall court shall meete, w<=h wee intend to assemble on purpose the 30'^ day of August, Wh is a day or two before the ordinary time of the meeting of the comission^s. Wee hope the Lord will be pleased so to direct vs as wee shall loueingly and vnanimosly agree to our mutuall satisfaction, yc's and o's; for if you please to beleeve vs, wee are all desir- ous to continew our confederation in all respective loue and helpfuUnes each to other. That wh wee aime at is that a right vnderstanding may be begotten betweene yo'selues and vs touching the confederation ; that being done, wee conceive nothing will hereafter obstruct our proceedings, either in peace or warr, but till then, in this case, wee know not how to raise forces according to yo"^ desire. Wee much feare that you haue not so charitably construed the declareation of the gen- erall court as was intended by them ; wee are all bretheren and desire to behaue ourselues towards you, and hope wee shall not justly incurr, (when aU things are duely Weighed,) the reproach of covenat breakers. But wee are not forward to ex- cept against such termes whereof there are to many, onely giue vs leaue to discharge our duties & consciences towards God and the people comitted to vs, which is that onely wee contend for, and w<=h wee hope you will not willingly abridge vs of. And for ourselues, touching the said Articles of Confed- eration, wee shall not further insist to vrge but that according to the words and gramatticall sence of the said Articles, the comission'^s haue power to judg & determine the justic of an offensive or vindictive warr, wh was of least consideratiojii to our Generall Court in their declareation, yet doe thinke that vppon the generall and fundamentall grounds exprest in the said declaration, the power of the comission's in such cases doth necessarily require serious consideration, explanation, and if need be emendacon, by all the generall courts, for the hone of God and wellfare of posteritie in the severall jurisdic- tions"^ w^h was the cheife thing intended in the said declara- tion, not to conclude the case, much less to breake the confed- eration, nor infringe the power of y" comission's where it may stand w*h fundamentall law and just libberties of the people. By the Counsell w'h y« consent of y^ Comission''s. Boston, 21 July, 1653. Edward Rawson, Secret. [14] The Gownsells second answer. Gentlemen, Wee cannot but comend yo"" ingenuity in ac- cepting our answer concerning the recalling the declareation of our generall court, & of our readines to comply w'h the rest of our confederats, and for that end to put our colony vpon no 1663] JURISDICTION OP NEW HAVEN. 21 small difficultys by calling our generall coiirt at an vnvsixall time, that thereby yo' colonies might vnderstand the trvie and genuine sence of the said declaration, wherevnto wee shall not doubt of their concurrenc. You are pleased also to take notice of our condesending to our frends, in that wee haue for the present waned the vrging of the Articles of Confederation in their litterall or gramatticall sence for the denying of power to the comission's to determine the justice of an offensive warr, W'h wee acknowledg was not the cheife intendment in the said declaration; w<^h candor of ycs, acceptable to vs, wee could haue desired had continewed in all passages of yo"^ wrighting, but wee cannot but observe that you are not satisfyed w'hout* complyance, but seeme willing to grOw vpon vs, and to impose vpon our letters more then you^ will finde y« gramattycall or logicall sence holdeth forth, w=h if you please to review, wee doubt not but you will checke yc owne apprehensions, and spare vs the labour of instancing the pticulars. Wee. did neuer vnderstand any of the confederats had for euer silenced themselues, or divested themselues of the libber- tie of speech for manifesting any greivance that might press them in the confederation, neither doe wee conceive a more ready means for one colony to communicate their thoughts vnto the other then by wrighting, much less can wee appre- hend the tendency of such a practise to the breach of the con- federacy, the imputation of wh wee must beare, and beleeve you doe it, not because you deny it, all though in y<^ same line yC arguments for it are so cleare to yo' owne vnderstanding that you appeale to our owne judgments in the case ; but if notw'hstanding wee must remaine in yo^ judgments offendo's, wee hope you will doe equall justice to yc owne who came not short in the same kinde of offence, by their declaration that wee are called of God and man to warr vpon the Duch, w'=h wee conceive they haue bine labouring to prone, doth not be- long to them but to the commission''s to determine. Griue vs leaue further to say you are mista[ken] in affirme- ing our declaration did obstruct present proceedings to the hazarding of dangerous consequences to some off the confed- erats, for you will neuer be able to proue that the comis- sio[n''s] , whom you thinke meete to entitle a Corporation of Eepresentati[ves], termes wee haue not bine acquainted with, and therefore pdon vs if wee vnderstand them not, wee meane six of them, wh. is necessary in such cases, did euer determine a warr w^h the Duch. We haue not therefore by our declar- ation hindered their pceedi[ngs] as^ou are pleased to insinu- * " wW" our" in the Massachusetts records, (MS.) 22 EEC0ED3 OF THE [1653 ate, and vpon that account wee suppose you may vnderstand our hands are bound from rays [ing] forces, because there was no agreement, allthough you doe [desire it.] To yo"^ motion that w'hout offence a meeting may be called [at] Newhaven for the manageing of the said matter, w^h wee vnderstand to be the pretended agreement, wee suppose y[ou] may now answer ycselues, the ground thereof fayling,* [if there be any urgent occasion that require a meeting before the usual time so neare approachinge we doubt not but the magis- trates of Newhauen understand their owne liberty by the arti- cles of Oonfcederacy to the obseruance whereof we shall en- deauour to apply our selues and the rather to prevent those imputations which may be greiveous to us. Wee thinke it necessary to giue some account why wee haue forborne to reply paj*ticularly, to the letters & remon- strances of your Gen'i court. It was not because we did not see or know not how to refute seueral pticulars some mistaken, others wrongfully charged upon us, or that we wanted reasons to object against them or to defend the general groiinds & reasons of our declaration. But that your Courts as well as our selues might be assured wee are studious of loue & peace and the continuance of our confcederation, and our differences might be more speedily composed at the propounded meeting wh otherwise would require (at such a distance) great lenght of time, and in the issue might hazzard a miscarriage byreason of mistakes which are more easily remoued in p'sence then by letters. Voted by the Cownsell, 22 July, 1653.] * Here a leaf has been torn from the record, and the remainder of this letter is sup- plied from the archives of Massachusetts. 1653] JUEISDICtlON 01? NEW HAVEN. 28 [17] II to the said place and take a view of it and in whose possession it is, whether it be the land that the sagamore of that place gane y* gouernor and M'. Goodyeare, or whether the right is yet in the Indians hand, and if they finde that it will answer the end propounded, that he then purchase it for the jurisdiction and speedily send the gouernor or the eomittee word how hee finds things and what hee hath done therein. The Court considering of the provisions that were formerly staide for the vse of the jurisdiction, and seeing tliere is now (through the hlessiag of God) come in the barne, and flesh may bee had out of the feild if there be occasion, did now order, that those provisions of come, flesh and butter, bee sett att libbertie for the owners to dispose of as they shall see cause, according to that law that prohibbitts the exportation of pvsions, made March 29*1", 1653. The order made at the generall court in May last for keepe- ing foure horses in Newhaven and two in each other towne for the cuntry service, vpon such hire and termes as is therein expressed, is now repealed in all y^ pticulars of it. The Court was acquainted that some money hath bine taken Vp for the service of the jurisdiction vpon sundrie occasions, as foure pounds of Edward Wigglesworth, when the cof&is- sion''s went to Boston in Aprill last, and fine pounds of John iBarriman, when M"^. Leete and M"". Jorden went to Boston in July last, and fine or six pounds is necessary to be provided for the coinission''s to cary w'h them now in their next gbeing, and therefore some course must bee taken to procure sillver to discharge those debts and to answer this present occasion. The court desired Captaine Astwood and Benjamin Fenn to treate w'h Ensigne Bryan or James Roggers, to see if they can gett silver or beavor for other paye, though w'h good allowance, to answer these things ; but if that cannot bee, that then so much butter bee gott to cary into the Bay as will sell for money to make vp this some, but if that will not be pro- cured, then so much of this corne that came from Guilford must bee carried and sould as well as it can, to procure siluer to answer these seuerall ingagements. The Deputies of Stamford acquainted the court that there is 24 EECOBDS OI* MB [1653 in their towne some that doe worke great disturbance, profess- ing they will paye no rates to these comon charges, because nothing is done against the Duch, and some saying they haue bine in bondage a greate while, but now they will haue their libbertie, and being reproued for the same and told they must bee bound ouer to answer it here, another answered, one and all. Wherefore the court doth advise the deputies to cary it as prudently and peaceably as they can and to gather vp these rates due, but if by faire meanes (for the court is not willing to deale harshly in these times if it may be avoyded) it cannot be attained, but some in a stubborne way refuse and grow boysterous in their spirits, working disturbance and giuing ill example to others, that then they give notice thereof to the gouernor or deputie gouernor, who are ordered by this court to send a warrant from hence to binde such psons ouer to an- swer it at the court of magistrats in October next. The Court considering the many complaints that haue bine made from the Bay of the ill packing of flesh, and the great damage that some men haue suffered thereby, did now order that in every plantation in this jurisdiction there shall be pub- lique packers chosen, one, two, or more as the plantation shall [18] see meete, who shall packe all || beefe, porke or vension that shall be for sale, and onely in such caske as are allowed, marked w'h the coopers knowne and constant marke, wh are to conteyne full thirty one gallons, or w'hin halfe a gallon ouer or vnder, and to packe it well and close, and none but such as is merchantable and equally sorted, better and worser together in a barrell, in due proportion round the beast, w'hout heades or feete, w^h packers shall be vnder oath to deale truely and faithfully in this trust ; and for their paines and time spent, & the penalty if any shall breake this order by selling flesh not packed by the said packers, it is left to every plantatio to order and sett it so as they see cause. The dispose of the beare that was brewed for the soldiours is referred to the two deputies of Newhaven, to doe it as well as they can for the good of the jurisdiction. The Court was informed that M"^. Augar and John Brocket haue spent much time in pviding things for the soldiours if 1653] JURISDICTION OP NEW HAVEN. 25 they had gone out to warr, many of wh things being made vp will bee loss to them, a note whereof M'. Augar presented to the court, amounting to fine pounds twelue shillings, and de- sired the court to take the things and paye him for them, or to alow him forty shillings for his time and loss in them and he would keepe them. The court considered his pposition and agreed rather to paye him forty shillings then to take the things, and ordered y' he should haue so much paide him out of the treasury. And for John Brocket who spent much time and pvided some things for the same service, it is left to the magistrats of Newhaven to agree w'h him as well as they can, and to alow him as they see cause. It is ordered that the marshall shall haue tenn bushells of the wheat that came from Guilford in pt of his sallary for the jurisdiction. It is ordered that all trade bee prohibbitted w'h the Duch till this court at their next session give further order, by wh time they may vnderstand from the other colonies what they doe in the like case ; onely in case of debts allready due to any there, if they shall be made to appeare that they are reall debts, (and doe beforehand make entrie thereof,) that no new debts be made to delude this order, and y* there is a free course at the Manhatoes to paye debts belonging to those in this juris- diction, w'hout obstruction from publique authority, then just debts may bee paide in wampom or other things not prohibbit- ted ; but if by authority there, debts due to those of this juris- diction bee stopped, then debts due to them from hence shall be stopped also ; and whosoeuer shall by any meanes directly or indirectly breake this order, shall forfeite the valew of the debts or things traded to the jurisdiction. 2,6 KECOBDS OF THE [1663 [19] At a Court op Magistbats held at Newhavbn for THE Jurisdiction, the first op July, 1663.* Present, Theophilus Baton, Gouernor. M^ Stephen Goodyeare, Dept' Gou'. Francis Newman, Magistrat for Newhaven. Oapt' John Astwood, Magistrat for Millford. Edward Hull was called before the court and complained of for makeing great disturbance at Millford, carying it in such a maner towards the jurisdiction and authority thereof (at Millford) as is not to be borne. The suin of wh complainte was presented to the court in a wrighting now read, vnder the hand of M''. William Fowler, magistrate, and Robert Treate, one of the deputies, that the said Edward Hull, did in Mill- ford harbour make seizure of Thomas Bassters boate, Wh he knew was before seized for the service of the cuntry, yet hee would proceede, and not onely so, but also after he knew it was seized for M^ Goodyeares pticular debte, he brake open the cabine, tooke away a gunn, a grapline and some cordidg, and caryed it away, and when a warrant was sent after him from the magistrate to come to him to answer, he refused, saying he would come againe shortly that way and make his answer, W'h not long after he did, but then stood to justify what he had done, though his comission will not warrant him therein, but beside this he brake out into many high words and threatening speeches, as that he might not onely seize her but cary her away if hee were able, or else fire her or take away any thing from her, and any that should w'hstand him herein should answer it; and vpon demand of security to come to a tryall and answer for what he had done, he said that hee hoped the rest of his company would come and sett him at libbertie, and that he hoped the Duch would come speedily and cut some of vs of, and other threatening ofifencive words W'h will be proued by sufficient witnesses at Millford, adding * In' margin, " This Court should have bine entred before ye lastgenerall Court but omitted." ' 16S3] JUEISDIOTION OF NEW HAVEN. 27 that now he was a prisoner he would drinke nothing but sacke and suger, and that he would shortly come & beate downe their mill. Edward Hull said it is true he seized the boate, but first went to y« magistrate and told him that it was prize, and though it is true he heard she was seized for the cuntrys vse, yet the magistrate told him she was released, wh M' . Fowler in ye said wrighting fully denyes, and the said Edward Hull could not now proue. Hee was asked what comission he had to doe these things, wherevpon hee shewed his cofnission Wh was read to the. court, but nothing found therein to justify him in these cariages, but rather the contrary, for they Wh granted him his comission at Eoad Island put in that clause, that he should cary himselfe civilly where hee comes, w^h he hath not attended ; beside his coMssion is to take but Duch vesseUs, or such as are enemies to the Comonwealth of Eng- land, w"=h he could not proue in this case, Thomas Baxster being anJBnglish-man and one that hath declared himselfe a frend to the" English, and though he hath lived amoimge the Duch, yet now he hath deserted them, and his verey [20] II Muing among them formerly doth no more declare him an enemie then Capt' Vnderhills doth declare him so. After sundrie debates of this natuTe, the said Edward Hull and others that stood by saw that his comission would not beare him out in what hee had done, yet hee continewed in his justifycation, vttering some high words and offensive speeches before the court; wherevpon the court told him that if hee justifye himselfe in this and intends to pceede in such wayes to the distTirbance of the colonies, the court must consider of < another way then they yet thought of, that is to send him to England, to answer it there, and then hee will see whether y« Parliament will justify him in such courses as these, and thinke him a fitt man to bee betrusted w^h a comission wh caries it in this manner to the Parliaments frends, thus to threaten them and hope that the Duch, the Parliaments and our enemies, will speedily come and cut some of vs of. After w<^h hee desired a little respite to consider, w^h was granted, and quickly came before the court againe and ac- 28 RECORDS OF THE [1653 knowledged y' by this debate w'h the court he saw the com- pass of his comission more then euer hee did before, and doth see that Jiee hath in this buisnes gone beyonde his comission and is verey sorrey for it, and for giueing out such speeches as hee hath done in his hast and passion, and desires the court to pass it by, and hee promiseth to be more wary in attending his comission for time to come; vpon w<=h acknowledgment the court was willing for this time to pass it by w^hout any further trouble to him. Bnsigne Bryan was complained of, that when he vnderstood from Edward Hull what hee intended to doe in takeing those things out of the boate, yet hee did not acquainte the magis- trate wth it but countenanced him therein by goeing along w'h him, w^^h held forth as if he approved the action, though hee knew beside ye seizure made for ye cuntry ther was an attachment laid vpon boate and goods for M'. Goodyeare for a pticular debte, and that hee himselfe became suretie that ye boate and goods should bee safely preserved for M^. Good- yeares vse, w«h cariage in respect of the publique, Ensigne Bryan was told is contrary to his oath of fidellitie taken to the jurisdiction, w^h things Ensigne Bryan acknowledged was true and confest it was his greate fault so to doe, and had hee con- sidered his way he should haue done otherwise. The court considering that Ensigne Bryan acknowledgeth his miscariage, and hoping it will be a warning to him hereafter, and vpon the desire of the deputies of Millford, who prosecuted in ye case, they past it by w'hout any further trouble to him at present. 1653] JUBISDICTION OF NEW HAVEN. 29 [21] At a Coxjrt of Magisteats'^held at Newhauen fob THE Jurisdiction, August, 4t*>, 1658'. Present. Theophilus Eaton, Gouernor. Mr. Stephen Goodyear, Dept. Gou. Francis Newman, \ Capt' John Astwood, > Magistrals. M'. "William Leete, ) M>^is. Elizabeth Godman accused goodwife Larremore that one time when she saw her come in at goodman Whitnels she said so soone as she saw her she thought of a witch. Good- wife Larremore said that one time she had spoken to that pur- - pose at M'. Hookes, and her ground was because M"". Dauen- port aboute that time had occasion in his ministry to speake^,! of witches, and showed that a froward discontented frame of spirit was a subject fitt for ye Devill to worke vpon in that way, and she looked vpon M'^. Godman to be of such a frame of spirit, but for sapng so at goodman Whitnels she denyes it. M'^^. Godman said, goodman Whitnels maid can testify it. The- maid was sent, and when she came she said slie heard " M"®. Godman and goodwife Larremore a talking, and she thinkes she heard goodwife Larremore say she thought of a witch in y« Bay when she see M'i^ Godman. Goodwife Lar- remore farther said that M"s. Godman had her before the gouernor for this, and the gouernor asked her if she thought My^. Godman was a witch, and she answered no. M'is. Godman was told she hath warned to the court diuers psons, viz^: M'. Goodyeare, M"». Goodyeare, M^. Hooke, ' M"«. Hooke, M'''^ Atwater, Hanah & Elizabeth Lamberton, goodwife Larremore, goodwife Thorpe, &c., and was asked what she hath to charge them w*h, she said they had given out speeches that made folkes tMnke she was a witch, and first she charged M"». Atwater to be y« cause of all, and to cleere things desired a wrighting might be read w^h was taken in way of examination before y« magistrate, (and is hereafter entred,) wherein sundrie things concerning M'is. Atwater is specifyed yf^h. were now more fully spoken to, and she further 30 BECOKDS OS" THE [1663 said that M"^ Atwater had said that she thought she was a witch and that Hobbamocke was her husband, but could proue nothing, though she was told that she was beforehand warned to prepare her witnesses ready, w'=h she hath not done, if. she haue any. After sundrie of the passages in y* wrighting were read, she was asked if these things did not giue just ground of suspition to all that heard them that she was a witch. She confessed they did, but said if she spake such things as is in My. Hookes relation she was not herselfe. She was told she need not say, if she spake y", for she did at the gouernofs* before many witnesses confess them all as her words, though she made the same excuse that she was not in a right minde ; but M."^. Hooke now testifyed she was in a sober frame and spake in a diliberate way, as ordinarily she is at other times. Beside what is in the papr, M''^. Godman was remembred of a [22] passage spoken of at the gouernoi^s || aboute M"". Good- yeares falling into a swonding fitt after hee had spoken some- thing one night in the exposition of a chapter, w<=h she (being present) liked not but said it was against her, and as soone as M"". Goodyeare had done duties she flung out of the roome in a discontented way and cast a fierce looke vpon M^. Good- yeare as she went out, and imediately M'. Goodyeare (though - well before) feU into a swond, and beside her notorious lying in this buisnes, for being asked how she came to know this, she said she was present, yet M'. Goodyeare, M^'s. Goodyeare, Hanah and Elizabeth Lamberton all aflSrme she was not in y* roome but gone vp into the chamber. After the agitation of these things the court declared to M."^. Godman, as their judgment and sentence in this case, that she hath vnjustly called heither the seuerall psons before named, being she can proue nothing against them, and that her cariage doth justly render her suspitious of witchcraft, W^h she herselfe in so many words confesseth, therefore the court wisheth her to looke to her carriage hereafter, for if fur- ther proofe come, these passages will not be forgotten, and therefore gaue her charge not to goe in an offensive way to * In margin, " July 21 : 63." 1653] JUBISDICTION OF NEW HAVEN. 31 folkes houses in a rayling manner as it seemes she hath done, hut that she keepe her place and medle w'h her owne buisnes. The examination of Elizabeth Godman, May 21*'', 1653. Elizabeth Godman made complainte of M"^. Goodyeare, M"^. Goodyeare, Mf.Hooke, Mr!^Hooke,M"s. Bishop, M"^. Atwa- ter, Hanah & Elizabeth Lamberton, and Mary Miles, M'''^ At- waters maide, that they haue suspected her for a witch ; she was now asked what she had against M'. Hooke and M"s. Hooke; she said she heard they had somethmg against her aboute theiir soone. Mr. Hooke said hee was not w'hout feares, and bee had reasons for it ; first he said it wrought suspition in his minde because shee was shut out at M''. Atwaters vpon suspition, and hee was troubled in his sleepe aboute witches when hisboye, was sicke, w^h was in a verey Strang manner, and hee looked vpon her as a mallitious one, and prepared to that mischeife, and she woTild be often speaking aboute witches and rather justifye them then condemne them ; she said why doe they proVoake them, why doe they not let them come into -the church. Another time she was speaking of witches w'hout any occasion giuen her, and said if they accused her for a witch she would haue them to the gouernor, she would trounce them. Anoth- er time she was saying she had some thoughts, what if the Devill should come to sucke her, and she resolued he should not sucke her. M"". Hooke said another thing w=h strength- ened his feares was, that whateuer was done in y^ church meetings she would know it presently, and his sonn John was vexed at it, and she being then questioned aboute it said some of the members told her, she was asked who, and she instanced brother Whitnel, concerning the agreement for catichizing, and some sisters she said told her some thing, but named none [23] nor what they told her. Jane Hooke said M"s. || Elze- beth could tell sundrie things that was done at ye church meeting before meeting was done, as aboute Delaware -Bay, aboute M' . Cheever, and aboute goodman Lamson and some other things. Time, M^. Hookes Indian, said in church meet- ing time she would goe out and come in againe and tell them what was done at meeting. Time asking her who told, she answered plainly she would not tell, then Time said did not 32 EECOEDS OP THE [1663 ye Devill tell you. She was also accused for talking and muttering to herselfe ; testifyed by Henry Boutle and some others. Time said she heard her one time talking to herselfe, and she said to her, who talke you too, she said, to you; Time said you talke to y^ Devill, but she made nothing of it. M'. Hooke further said, that he hath heard that they that are adicted that way would hardly be kept away from y* houses where they doe mischeife, and so it was w*h her when his boy was sicke, she would not be kept away from him, nor gott away when she was there, and one time M^'^ Hooke bid her goe away, and thrust her from y« boye, but she turned againe and said she would looke on him. M'''^ Goodyeare said that one time she questioned w'h Elizabeth Godmand aboute y^ boyes sickness, and said what thinke you of him, is he not strangly handled, she replyed, what, doe you thinke hee is be- witched; M"^ Goodyeare said nay I will keepe my thoughts to myselfe, but in time God will discouer. It was also said that it is suspitious that she hath put y« boyes sickness vpon some other cause, as that he had turned his braines w*h sliding, and said the boye would be well, againe, though he was handled in such a strange manner as the docter said hee had not mett w'h the like. M"". Good- yeare asked her if she was not the cause of his disease, she denyed it, but in such a way as if she could scarce denye it. M"^. Hooke further said, that when M"^. Bishop was married, M"^. Godman came to his house much troubled, so as he thought it might be from some affection to him, and he asked her, she said yes ; now it is suspitious that so soone as they were contracted M'is Byshop fell into verey Strang fitts w^h hath continewed at times euer since, and much suspition there is that she hath bine the cause of the loss of M."^. Byshops chilldren, for she could tell when M"s. Bishop was to be brought to bedd, and hath giuen out that she kills her chilldren w'h longing, because she longs for every thing she sees, w<=h M"s. Bishop denies; and being required to giue an instance she said M"=. Hooke said Mf'^. Bishop longed for some pease but that made against her when M"^. Hooke was spoken w'h and Jane Hooke said that M"s. Godman said to her M'K 1653] JURISDICMON OP NEW HAVEN. 33 Byshop was much giiien to longing, and that was the reason she lost her chilldren. Another thing suspitious is, that she could teU M"s. Atwater liad figgs in her pocket when she saw none of them ; to that she answered she smelt them, and coiild smeU figgs if she came in the roome, nere them that had them; yet at this time M"^. Atwater had figgs in her pocket and came neere her, yet she smelt them not ; also M' 's. Atwater [24] said that M"s. Godman || could tell that they one time had pease porridge, when they could none of them tell how she came to know, and beeing asked she saith she see y™ on the table, and another time she saith she was there in y« morn- ing when the maide set them on. Further M"s. Atwater saith, that that night the figgs was Spoken of they had strangers to supper, and M"^. Godman was at their house, she cutt a sopp and put in pann; Betty Brewster called the maide to tell her & said she was aboute her workes of darkness, and Was suspi- tious of M""is. Godman, and spake to her of it, and that night Betty Brewster was in a most misserable ease, heareing a most dreadfull noise Wh. put her in great feare and trembling, w^h put her into such a sweate as she was all on a water when Mary Miles came to goe to bed, who had fallen into a sleepe by the fire Wh she vsed not to doe, and in y^ morning she looked as one y' had bine allmost dead. M'is. Atwater said she told Mi^'s. Godman of sundrie things w^h render her sus- pitious, and forwarned her of her house ; she said she would haue her to y« court, M^^^ Atwater said very willingly; yet the next night she came theither againe for beare. M'is. Godman accused M^^. Goodyeare for calling her downe when M"3. Bishop was in a sore fitt, to looke vpon her, and said he doubted all was not well w'h her, and that hee feared ■ she was a witch, but, M'. Goodyeare denyed that; vpon this M"^ Godman was exceeding angrie and would haue the ser- vants called to witnes, and bid George the Scochman goe aske his master who bewitched her for she was not well, and vpon this presently Hanah Lamberton (being in y« roome) fell into a verey sore fitt in a verey Strang maner. M''^ Godman said the reason of her saying as before was because M^'^^. Goodyeare a little before said they was bewitch- 6 34 BECOEDS OF THE [1653 ed. M"^ Goodyeare said she said not so, but she and her daughter went to M^'^K Godman and said some thought they were bewitched, and said here is* a poore weake woman, (meanning M"^ Bishop,) what thinke you of her, some haue thought she is bewitched; she laughed and said alass who should bewitch her, she had a cousin was so; M"^ Goodyeare said, if there be any such psons, she was pswaded God would finde them out and discover them, for, said she, I never knew a witch dye in their bed ; M"=. Godman answered you mistake, for a great many dye and goe to the graue in an orderly way. Another time M"s. Goodyeare said to her, M"^ Elzebeth what thinke you of my daughters case ; she replyed what, doe you thinke I haue bewitched her; My'^^. Goodyeare said if you be the ptie looke to it, for they intend to haue such as is sus- pected before the magistrate. M"^. Godman charged Hanah Lamberton that she said she lay for somewhat to sucke her, when she came in hott one day and put of some cloathes and lay vpon the bed in her cham- ber. Hanah said she and her sister Elizabeth went vp into the garret aboue her roome, and looked downe & said, looke how she lies, she lyes as if some bodey was sucking her, & vpon that she arose and said, yes, yes, so there is ; after said Hanah, she hath something there, for there seemed as if something was vnder the cloathes ; Elizabeth said what haue you there, she said nothing but the cloathes, and both Hanah & Eliza, say that M"s. Godman threatened Hanah, and said let her looke to it for God will bring it vpon her owne head, and aboute two dayes after, Hanahs fitts began, and one night especially had a dreadfuU fitt, and was pinched, and heard a hedious noise, and was in a Strang manner sweating and burn- ing, and some time cold and full of paine y* she shriked out. - Elizabeth Lamberton saith that one time ye chilldren came downe & said M''^. Godman was talking to herselfe and they [25] were afraide, || then she went vp softly and heard her talke, what, will you fetch me some beare, will you goe will you goe, and y« like, and one morning aboute breake of day Henry Boutele said he heard her talke to herselfe, as if some body had laine w'h her. 1653] JURISDICTION OP NEW HAVEN. 35 The 24."^ of May, 1Q5B. Mf's. Godman being examined, (Mf. Datienport being pres- ent,) she was asked why she said M."^. Bishop longed allmost for every thing she see, and when she could not haue it, that was the cause of her fainting fitts and y« loss of her chilldren ; she said she heard something of M'■'^ Hooke to that purpose, that she longed for pease, but M''^ Hooke being sent for de- nyed that euer she told her so, and Jane Hooke being present said M"^ Godman told her that M"s. Bishop was much giuen to longing and that was the reason she lost her chilldren, and Hanah Lamberton said My^. Godman told her so also, and M^'^ Bishop said another woman in y towne told her that she had heard M^is. Godman say as much, so that she could not denye it ; she was told she hath much inquired after the time of M^'s. Bishops delivery of her chilldren, and would speake of it so as M."^. Goodyeare and her daughters marveled how she could know, and Hanah Lamberton one time told her mother that M'is. Godman kept her sisters count; she was asked the reason of this and of her saying M^'s. Bishop was so giuen to longing as it was a meanes to lose her chilldren when it was not so ; she said she could giue no reason, then she was told it was a high slander vpon M^'^. Bishop, she said she can say nothing but must lye vnder it. M'''^ Goodyeare said when M^ Atwaters kinswoman was married M''^ Bishop was there, and the roome being hott she was something fainte, vpon that M"^ Godman said she would haue many of these fainting fitts after she was married, but she saith she remembers it not; she was told shehath also said that M^i^. Bishop hath had such fitts of a child and Hanah Lamberton said she told her so, w<=h thing is not; M^^ God- man says she denyes it not but she remembers it not ; she was asked the reason why she should reporte these things if it were not to hide some other things w^h she would not haue discov- ered, and to hide these fitts, therefore giue a reason ; she said she cannot tell the reason. Goodwife Thorp complained that M''^. Godman June i6>h, came to her house and asked to buy some chickens, she said she had none to sell, Mf's. Godman said will 36 BBCOEDS OP THE [1663 you giue them all, so she went away, and she thought then that if this woman was naught as folkes suspect, may be she will smite my chickens, and quickly after one chicken dyed, and she remembred she had heard if they were bewitched they would consume w'hin, and she opened it and it was consumed in y« gisard to water & wormes, and divers others of them droped, and now they are missing and it is likely dead, and she neuer saw either hen or chicken that was so consumed w'hin w'h wormes. M"^. Godman said goodwife Tichenor had a whole brood so, and M"^'*. Hooke had some so, but for M"8. Hookes it was contradicted presently. This goodwife Thorp thought good to declare that it may be considered w'h other things. [26] At a Genbrall Couet held at Newhauen for the Jurisdiction, October 12">, 1663. Present. Magistrats. Theophilus Eaton, Esq'. Gouerno'. M"". Stephen Goodyear, Dept. Gouerno'. Francis Newman, Magistrat for Newhaven. Oapt. John Astwood, Magisft for MUford. M^ William Leete, Mag: for Guilford. Deputies. My. Gibbard, „ _ . ^ , Newhaven. Henry Lmdon, Benja: Fenn, [ ^.^^^_ Robrt Treat, ) Leutennant Chittenden, | n -if j My. Jorndan, J "^ °^ ' Jasper Crane, j grandford. bam: bwaine, ) The Gouernor and Capt. Astwood acquainted the court w'h the proceedings of the comissionrs at Boston at their last meet- ing in September, and first w*h the debate they had for tenn dayes w'h the Massachusets Generall Court, before they could 1653] JURISDICTION OP NEW HAVEN. 37 sitt as Gomissiorfs, and after w*h what they did when the comission's satt, all w"=h wrightings were read to the court. What ye coinission'-s of this coUony did the court approved, biit considering what the Massachusets Generall Court and Counsell haue done, this court all agreed and cannot but de- clare that they haue broke their covenant w'h vs, in acting directly contrary to the articles of confederation ; vpon w^h consideration this court sees themselues called to seeke for help elswhere, and can conclude of no better way then to make their addresses to the State of England, and for the more full proceeding therein, agreed to acquaint Connecti- cote OoUony therew'h, and desired the gouerno"^ to wright a letter to that purpose to M''. Haines, gouerno"^ there, as also to desire a treaty w'h them, (by a cof&ittee chosen by their generall court, to joyne w^h a comittee of this court,) here at Newhaven aboute this, and also aboute and concerning the Indians, whose spirits are stirred, wanting the help from the English wh they expected ; and for the better furtherance and more full prosecution of this buisnes in England, the court vnderstanding that Capt. Astwood is speedily to take a voyage theither aboute his owne necessary occasions, did desire and appointe him for this service, and agreed that a letter should be written from this court to M'. Hopkins to intreate him to be helpfuU and assistant to Capt. Astwood in this matter ; and that wrightings be sent from hence wh may fully declare the case as it is in the compass of it so farr as is necessary, w<>h wrightings are to bee signed as both the comittees shall agree, in the name of both the generall courts, and to desire help of shipping from England and what other force they thinke fiitt, that if they see good meanes may be [vsed J [27] II And to this purpose it was conceived and voted, that the declaration to the Lord Generall, fully informing the present state of the westward colonies, may close and bee con- cluded. That vnless the Duch bee either remoued or (so farr at least) subjected that these colonies may bee freed from inju- rious affronts and securied against the dangers and mischeiv- ous effects wh dayly grow vpon them by their plotting w'h the Indians and furnishing them w^h armes agst the English, 38 EBCOEDS OP THE [1663 and that the league and confederation betwixt the foure vnited English colonies be confirmed and setled according to the true sence and, till this yeare, the continewed interpretation of the articles, the peace and comforts of these smaller westerne colo- nies mil be much hazarded, and are like to be more and more impared, but as they conceive it their duty thus fully to pre- sent their afflicted condition to yo' Exelency, so they humbly leaue themselues, w'h the remedies, to yo' consideration & wisdom. The comittee chosen by this court to treate w'h a comittee from Connecticote is the gouerno"", M"^. Leete, Benjamin Fenn, and M^ Crane, not excluding the other magistrats of New- haven and leauing Oapt. Astwood to come as he thinkes good and his occasions will giue way ; and after both comittees haue mett, this court desires that the colony of Plymouth may be acquainted w*h what they shall conclude vpon, that so if it may bee, they may haue their concurrance in the buisnes also; and if both the comittees shall agree vpon any expedition . against the Narragansets, then it is ordered that this court will meete againe to consider of it. A letter from the Massachusets Generall Court to this Court was presented and read, wherein they desire that this court would appointe a coinittee to meete and consider the Articles of Confederation, because some things in them wants explana- tion, and some alteration; in w^h letter they also ppound foure queries to be answered, all wh the court considered of and by vote declared, that they see no cause to chuse any comittee for that purpose. The Articles of Confederation in their judgment wants neither alteration nor explanation, and they are fully satisfyed in them as they are ; and for the foure queries ppoiinded, they conceive they are easily answered, and doe desire and intreate the gouerno' on their behalfe to draw vp an answer and send it to them, so soone as conveniently he can. The letter from if Massachusets Court. Hono''ed Freinds, To yC answer of our declaration (so ill resented by you) wee made no reply but pposed a more speedy way (in our apprehensions) to prevent all misvnderstahding 1653] JURISDICTION OP NEW HAVEN. 39 and composing any dififerrent apprehensions concerning the true sence and meaning of our confederation, & in pursuance thereof our Generall Court assembled the day before the meet- ing of the Oomission'"s, to Whose considerations wee p'sented some propositions to that end, but after some expence of time wee were satisfyed our endeavours would proue fruitless through want of power on their parts ; wee resolued therefore as wee haue declared in our returnes to them, of W^h you may be fully certifyed by yo' comission''s, to address ourselues to the severall generall courts our confederates, to present our desires of a right vnderstanding of the articles of our confed- eration, being induced therevnto by the differrent app''hen- sions w=h, (to our griefe,) are arisen amongst vs, and if wee haue offended by a possitive declaration of our owne sence of [28] II the articles, let it be accepted in pt of satisfaction that wee doe at present presume no farther then to propound some queries to yo' consideration, the resolution of W^h shall not onely bee w'hout offence, but that w^h wee desire, and will much conduce to begett a right vnderstanding betweene vs. 1. Whether the reason of the comission's be the reason of all ye gen^ii courts. 2. Whether notwthstanding the determination of the comis- sion's, the courts, in cases of great concernmt, ought not to be satisfyed of the justice of their determinations before they pceede to act. 8. Whether it can consist w'h the preservation of entire power of gouerment reserved to the seuerall jurisdictions, that the juridica,ll or authoritative determination of peace and warr should be in the hands of six comission''s, who as such are not members of any court, and may pbably be no members of a dissenting jurisdiction. 4. Whether the coinission''s, as coinission's, be subject tp the geni'll courts of the seuerall jurisdictions to w"h they belong, or the jurisdictions and generall courts be subject to the comission"'s. The Articles wee conceive give occasion for these and many other questions of the like nature, and therefore need explan- ation or reconsiUation according to the true nature of a con- federation, w^h is the preservation of the power of gouermt of euery jurisdiction, not the stateing of any power in comission' s otherwise then subordinate and subservient to that end. The concordance of yo' answer (in these pticulars) w^h our apprehensions, will put and end to our differrences and begett a right vnderstanding betweene vs. But because wee cannot assure ourselues thereof in euery pticular, and being seriously desireous of the continewation of 40 EECOEDS OF THE [1653 our amitye, wee propose to yo'' consideration that a comittee be chosen by each jurisdiction to treate & agree vpon such explanation or reconsilliation of the Articles of Confederation as shall be consistent w'h our true meaning, the nature of a confederacy, and the power and authority of euery gouerment, w'^h being preserved to the seuerall generall courts, may be acknowledged, ratifyed and confirmed, the endeavouring whereof wee accompt the duty of Yo' louing frends and confederates, The Generall Court of the Massachusets. Boston, 13'!' of -Edward Rawson, Secret. September, 1653. The answer to the foregoing letter. Much Honnoured Gentlemen, Vpon the receipt of joi's, dated September IS^i, 1653, wee have perused and considered what passed betwixt yo'^selues and the coinission'^s, w^h the vncomfortable conclusion of the last meeting ; wee hoped the answers sent from the generall courts of Connecticote and Newhaven to yc vnexpected interpretation niight haue cleered the Articles of Confederation and prevented those latter agita- [29] tions, if according to the words and gramatticall || sense, the comissionrs have power to judg & determine the justice of an offensive or vindictive warr, as yo"" councell and comission's in their letter to the gouernor of Newhaven, dated July 21*'', 1653, granted, and yoi^selues seeme to confirme in the former pt of yo'' first wrighting sent to the comission^s at their last session; wee suppose they haue the same power in defensive warrs, leagues, aydes, &c., but confess what followes' in yo' said wrighting is to vs darke, if not a contradiction. They haue no power to judg and determine in the premises or any pt of them, They doe but beate the ayre, consider and con- clude in vaine, if none of the colonies be obliged to act accord- ing to their determinations. Wee grant (as the comission's themselues haue done,) that if any of their determinations ' prove manifestly vnjust, (w^h wee haue not yet heard of,) they ought to be laide aside. It is better to obey God then man, to obey God then generall courts or comission's, &c., which being premised and duely applyed to what foUoweth, we pass on to yo' foure queries, & conceive, 1653] JURISDICTION OF NEW HAVEN. 41 1. That as the reason of the magistrats and deputies in each of the colonies, in what is peculier to them, is the reason of y^ colony, so the reason of eight or six comission>'s, chosen and invested, &c., according to the Articles, is the reason of the confederates in matters propper to. the confederation. 2. That the comissionfs, in the scope of the Articles and intention of the confederates, are the representatives of the colonies, who vertually meete and determine in and by them, and in severall cases sometimes one of the generall courts, sometinies another may not see, or will not profess to see, sat- isfying light, but euery scruple admitted to stopp proceedings may prove verey prejudicial! to the colonies & soone breake the confederation. 3. The peculier jurisdiction and gouerment of one single colonie may be well distinguished from the power and trust of the oofQission'"s. The former wee conceive consists in makeing, repealing and executing lawes, choosing their owne officers, and all things of like nature, wherein themselues are onely concernd. The latter in affaires of warr, peace, leagues, aydes, ^s in the affaires of the confederation. [30] II So that though these and many other questions may be ppounded, yet out of the Articles duely considered, satisfy- ing answers may be giuen. The power of the comission''s is 6 42 EECOBDS OP THE [16S3 & ought to be subordinate and subservient to the safety & wellfare of the confederates^ and neither doth nor may in- croach vpon the peculier jurisdiction reserved to each colonie in pticular. Wee yet see no cause to chuse or send a comittee, either for explication or alteration of any of the Articles ; were all our spirits in as right a frame to keepe the covenants as tenn yeares since to enter and make them, wee suppose these dis- putes would soone be at an end; but when we consider what hath passed this summer concerning the Duch, both in reffer- ence to the vnjust warr they haue begun and still prosecute against the Goinonwealth of England, the former hostile wronges some of the colonies haue here susteyned, for wh no satisfaction can be obteyned, and ye late bloody conspiracy, W'h (as yo' reverend elders acknowledg) God in speciaU fauour hath discovered, and vpon what (in themselues) satis- fying grounds seven of the comission''s voted a warr against Ninigret, (a conspirator w'h, and agent for the Duch,) and agreed the numbers of men to be sent forth, according to W'h all the colonies were by solemne covenant ingaged to act, but find that the councell for the Massachusets denyed to raise forces for that service, not so much as alleadging that any thing in y^ comission''s determination was vnjust or contrary to rule, but onely that they see not sufficient ground to vnder- take the warr, w<=h any generall court (in the justest deter- minations) may at any time affirme or pretend; but such refusall (as yoi'selues well knew and thereof, anno 1648, mind- ed ye comission's,) is a breach of league and covenant. And compareing it w'h yo"' Strang and streined interpretation of the Articles, June 2^, 1653, and yo^ later agitations w'h the comission'-s in ye former pt of September, wee cannot but feare it is by many a premeditated and resolued breach, which certainly is a pvoaking sinn against God, of a scandalous na- ture before men, and may produce dangerous effects to the other three colonies. It had bine much better for them neuer to haue combined, then to be thus deserted by them that first propoimded & pswaded to the confederation. They are now exposed more to the malice and treachery both of Duch and 1653] JURISDICTION OP NEW HAVEN. 43 Indians then before, but of whom it will be required yo'selues will consider. Wee desire first to looke vp to the gracious & faithfull God who keepeth truth for euer, and in the second place to seeke advice and help elsewhere. Signed by Connecticot & Newhauen Secrets. Dated Nouein, first, 1653. M'. Goodyeare read a letter to the court from Stamford, informing that a Duchman wh knew our order had traded at Stamford some small matters and gathered vp some pvisions for his paye, w'h the constable hearing of staide for the juris- diction till further order, and doth now desire to know y? [31] minde || ofiTthe court. The court declared that it is a direct breach of y« order, and therefore is justly forfeite, but if any of the pties coceive they haue anything to say for themselues w'=h may excuse or mittigate the oiTence, they may apply themselues to the court of magistrats, who will heare and determine as they see cause, according to the law in that case. Also in the same letter they propound concerning caske for flesh, that they cannot get their coopr to make any caske aboue 25 gallons, he hauiag provided and cut his stuff before the order ; and for information herein, the court sent for Nic- olas Elsy, a coopr here at Newhauen, to know whether the caske might not be made according to the order, though the stuff was eutt for a less size ; he said he could not sp fully tell vnless he saw the stuff, but he conceives it might serve. Also some here at Newhaven ppounded that the order might be altered, for the size is too big, and at Connecticot the order is but 28 gallons, wh y* court considered of, but saw no cause to alter the order at this season, sundrie hauing allready sould some quantities of beefe beforehand to be deliuered, and sev- erall caske being allready made, and some psons haue packed vp beefe in caske of this size, therefore for this yeare they eon- firme the order as before, and if Stamford doe not make their caske according to the order, they must then before tliey sell any declare to the buyer what they hold, that so no deceipt & VHafighteousaes be coinitted. 44 RBCOKDS OP THE [1663 Another from Stamford was read, wherein they informe the court yt their is some differenc betwixt John Chapman and their towne, wh they cannot comfortahly issue w'hout the help of tw magistrats, and therefore they desire the court to send two magistrats to Stamford to keepe court, wherevpon ; this court did order that a letter should be sent to them in- forming that if the differrence be but small, it were better they issue it amonge themselues, for the charg will be great in sending and will fall vpon those Wh shall be found delinquent, and if vpon this information they notw*hstanding desire it, two magistrats shall be sent vnto them. An order made by the Comission'"s concerning the makeing of Duch vessells prize if they be taken in any of the harbours of the Vnited Colonies was read, and by vote confirmed & declared to be put in execution in this colonie, W^h order is as followeth, Vpon information received that in pursuit of Thomas Bax- ter, who (by vertue of a comission from Road Island vnder the Oomonwealth of England) hath taken a Duch boate or vessell neare the Manhatoes, the Duch haue manned out two vessells w*h aboute one hundered men in them as men of warr, and did then lye in the road nere the opening of Fair- feild harbour where Baxter was, the Comissionrs considering the. continewed open warr betwixt the Coinonwealth of Eng- land and the Netherlands, w'h the hostile affronts the Duch in these pts haue form^ly offerred to the English colonies, and the late execrable conspiracy charged vpon the Duch gouernor, his fiscall, &c. judg it necessary that each jurisdiction w'hin its owne lymits doe declare and order that all Duch shipps & other smaller vessells be at their perill prohibited coming into any harbour belonging to any of the confederated colonies, wthout express lycense from the gouerno^ of the colony or some other magistrate thereof, and if any such shipp or ves- sell shall after such order duely published, come into any [31] such II harbour or road, and being by some magistral or the next millitary officer where there is no magistrate, Or by such as are in each colonie appointed, being tlierevnto requir- ed, shall not forthw'h (or at least w'hin six houres) depart out of the said harbour or road, it shall be lawfull for the said colonie or plantation where any such vessell rides, by their owne or any other neighbour force, either to surprize and seize the same or to force it thence; and in the present pticu- 1653] JURISDICTION OP NEW HAVEN. 45 lare case at Fairfeild, if the said Duch vessells or either of them, or any other, he or shall ride or stay in the said road or harbour or any other harbour or road in those "western colo- nies, it is hereby declared that such vessell or vessells be comanded forthw'h to depart, but if the master or masters, or any of them, or such as order the said vessells or any of them, refuse or delay beyond the time before lymited, (wind & ■weather pmitting them to dept,) the inhabitants of Fairfeild or any other plantation w'hin the said two colonies, calling in help (if they see cause) as aboue, shall haue libertie to seize or force them thence as they can, and in all seizures so made, no pt either of goods, riggen or apptenances belonging to any such vessell shall be imbezelled or taken into any private vse till by a due tryall in the jurisdiction where the seizure is made, the vessell or vessells be found just prize by vertue of this order, and vessell and goods duely prized, and that after the seizure is judged lawfull by the authority afforesaid and so prised, then two third pts shall be alowed to the plantation or to such persons as shall seize the said vessell or vessells, towards charges as each jurisdiction shall order, and one third pt (free of all charges) to the colonies in their differrent pro- portions. Boston 17th, Septem. 1653. Simon Bradstreet, President. William Hathorne, Tho: Prence, John Browne, Eogger Ludlow, John CuUick, Theoph Baton, John Astwood. The Court considering the occasions of the jurisdiction, for defraying of necessary charges expended and to be expended, see cause to order that a rate of three hundered pounds be leuyed from the seuerall plantations in this jurisdiction in due and equall proportions, ouer and aboue the two hundered pound before granted in June last, w<=li 300'' is to be pd be- twixt this and the last of December next, in that paye, in such manner, and vnder the same penalty as the former 200'' is ordered to be paide. The proportions is as foUoweth, 46 BBCOEDS OP THE [1653 Newhaven, 113: 14: 06. MiUford, 064: 04: 09. Guilford, 042: 07: 07^. Stamford, 34: 08: 03. Southhold,, 23: 07: 01^. Brandford, 21: 17: 09. SOO'^: 00: 00. [33] II And further, considering the ingagment the jurisdic- tion stands in at the Bay for the powder and amunition sent from England, and brought heither in y^ summer, -w^h. some other debts due from the jurisdiction,, did now order that ouer and aboue the former rates, sixty nine pounds be raised in the jurisdiction, in beefe, porke, pease or wheat, all good and mer- chantable, in proportion as followeth, from NewhaYen, 271: 00: 00 Southhold are left out here be- from MiUford, 16 : 00 : 00 cause being at a distanc it from Guilford, 11 : 00 : 00 was conceiued they could from Stamford, 09:00:00 not send so sdone, but they from Brandford, 06:00: 00 ^^^ *« P^^^ ^* afterwards. And that it be all paid in at Newhaven and ready to send away by the last of February next, and if any plantation faile of their pportion or any pt of it, they shall forfeits a fourth pt of their pportion that is so vnpaide, euery moneth that it so remaineth, and paye the principall beside. It is ordered that John Harriman shall haue five pounds alowed him out of the treasury for the forbearance of at least one hundered pounds aboute a yeares time, after the coinis- sion^s mett here last in anno 1651, and if MiUford refuse to paye their share of it, because their deputies plead they were not behinde in their rates but rather beforehand, it is agreed it shall be made vp from y^ other townes. 1653] jurisdiction op kew haven. 47 At a Genehall Cotjbt held at Nbwhauen, for the Jubis- diction, nouembr 22"', 1653. Present, Magistrats. Theophilus Baton, Esq"", Gouerno''. M^. Stephen Goodyear, Dept. Gouerno'. Francis Newman, Magistrat for Newhayen. Mr. William Fowler, Mag: for Milford. M'. William Leete, Mag: for Guilford. Deputies. Mr.Gibbard, j N^whayen. Hen: Lindon, J Benja:Fenn, j MUford. Robert Treat, 5 WUliam Chittenden, | Qujifoj.^, Thorn: Jordan, J Richard Law, jg^^^f^^^ Francis Bell, ) Jasper Crane, j B^^^ford. Sam: Swame, j The Gouerno' acquainted the court w*h a letter he had received w^h was sent to Robert Basset, w'hout date or name subscribed, which is to stirr vp to stand for the State of Eng- land, as they pretend, and to stand for their libberties, that they may aU haue their votes and shake of the yoake of gouermt they haue bine vnder in this jurisdiction ; also w^h a letter from the towne of Stamford, makeing complaints of their rates and other greiuances as they pretend ; also another wrighting from Stamford, stirring vp to raise volunteeres to goe against the Duch, and that themselues will send forth tenn men well furnished for the warr; also a letter from M"". Ludlow, in- forming of a meeting they haue had at Fairfeild, at w^h they haue concluded to goe against the Duch, and haue chosen him [34] for their cheife || and he hath accepted it; all wh wrightings were read to the court, after w^h the court consid- ered whether they were called at this time to send forth men 48 RECORDS OP THE [1663 against the Duch, and after much debate and consultation had w'h most of the elders in the jurisdiction, the issue was, -w^h the court by vote declared, that considering the hazards and dangers attending such a designe, especially now, it being so nere winter, and the want of suitable vessells and the like, they see not themselues called to vote for a present warr, but to suspend a full issue tiU Connecticote jurisdiction be ac- quainted w'h it and giue notice what they will doe ; but if they agree to cary it on now, then this court agrees to joyne w'h them and to meete againe to consider and order as the case may require. The Court considering the disorderly and mischevious way wherein Thomas Baxter doth and hath for some time gon on, in plundering, spoyling and robing, to the great disturbance of the colonies, specially in takeing a vessell wh belonged to Plymouth, to the great damage of sundrie psons w"=h were comeing to plant vnder the English, and not knowing of any lawfuU comission he hath to do, these things, did order that a letter should be written to Connecticote to desire them to put forth their authority to take him if he come w'hin their juris- diction, and if he come w'hin any of these foure townes, viz^, Newhaven, MiUford, Guilford, or Brandford, that he bee seized, his comission examined, and as things appeare, further pceed- ing may bee ; and if he come to Stamford that a letter be written to them to doe as shall be thought fitt by the gouerno'', when he heares what Connecticote will doe in that also. The Court was informed by M'. Goodyeere and M. Newman, who went lately to Stamford to issue some difference betwixt the towne and Jn° Chapman, and to setle a right vnderstandr ing of things for the better quieting of their spirits, wh are in a mutinous way, and tliat when they came their the buisngs betwixt y« towne and Jn° Chapman was not prepared, Jn° Chapman refusing to haue it heard by two magistrats but will haue it issued in a full court, but being there they caused y^ towne to be called together, and being mett they found them for y^ most pt full of discontent w'h the present gouerment they are vnder, pleading that they might haue their free votes in ye choise of civill officers, makeing objections against their 1653] JURISDICTION OP NEW HAVEN. 49 rates, and ppotinded to haue their charges of ■watching and warding the summer past, w'h some worke made aboute their meeting house for their defence, borne by the jurisdiction, and that they might haue twelue men sent them at the jurisdiction charge to lye there all winter for their defence, w*h some other things, (Robert Basset and Jn° Chapman being two of the cheife speakers,) and after much debate w^h them to quiet them, Wh did litle prevaile w'h y'", an order from the comit- tee of Parliament in England sent to this colony was read to them, requiring them to submitt to the gouerment they are Tnder, w^h did somewhat alaye their spirits for y^ present, and they desired farther time to consider of things and they would in some short time send their minde to the gouerno' in wrighting. [35] II The Court considered of these things & saw cause to order, that after their propositions are sent and y^ gouerno"^ hath considered of them, if he see cause, a warrant shall be sent w'=h shall haue refferrence to y« order from England, and in submission to it requiring John Chapman and Robert Bas- set to appeare here at Newhaven at such time as the gouernof shall appointe, to answer such things as shall be laid to their charge. It is ordered that till the election court in May next, every towne shall, so often as the generall court or court of magis trats haue occasion to meete, pvide for their owne magistrats and deputies at their owne charge, that so these publique jurisdiction charges may be lessened. 50 ' bbcords op the [1653 At a Generall Court held at Newhauen for the Juris- diction THE 8"i op March, 1653. Present, Magistrats. Theophilus Eaton, Esq', Gouerrio''. M^ Stephen Goodyeer Dpt Gou. Francis Newman, \ M^ William Fowler, > Magistrats. M"". William Leete, ' Deputies. Mr.Willm«ibbard,jj^^^l^^^^^_ Henry Lindon, ) Benjamin Penn, | j^.^f^^^_ Egbert Treate, ) ^'- Oliitte^^ene, ) ^^^^^^_ M^ Jordan, ) Richard Lawe, Stamford. M. Crane, ) 5,^^,^^,^. Sam Swame, ) The Gouernor informed the court that the generall court for Connecticote, vnderstanding of sundrie miscariages that Thomas Basster hath done in their jurisdiction, and in this also, haue sent downe theire marshall w^h a comission to goe to Pairefeild and seize him, wherein they desire our concur- rance and the help of two men from hence, else his order was to returne and pceede no further, wherevpon the magistrats' of Newhauen mett together and considered the case, wh would admitt of no delay, thought it best to send two men from hence w'h him, who are this morning gon towards Pairfeild. The court by vote fully approued of what was done and judg it necessary that siich a course should be taken for his appre- hension, and did now further order that if Thom Baxster ' should be fled from Pairfeild to Greenwich, (as it is like he may,) then Richard Law y^ constable of Stamford, hath here- by lycence & authority to take men at Stamford, (if Baxsters strength be not to great for them,) '& seize him & bring him to Newhaven. 1653] JURISDICTION OF NEW HAVEN. 51 The Gouerno'' declared to y« court that he had received a wrighting from M''. Wells, of Southhold, informing of snndrie high miscariages of John Youngs, and also a testimony of Capt. Silvester and M. Booth, vpon oath, wherein they testifye that they heard John Youngs say that hee would pcure 60 men at Vncaway and make a garrison at Southhold to defend him against the power of Newhaven ; vpon the reading of w^h paprs the court judged it necessary that John Youngs should be called to account for these things, but hear now by Richard Law that John Youngs is imprisoned at the Duch, and there- fore at present stopped from these disorderly pceedings; they [36] ordered || that if any letter should be sent from his father or others, soliciting this jurisdiction to vse some meanes for attayning his libertie, then a letter shbuld be sent from hence to the Duch gouernor, desiring he may bee deliered to vs here at Newhaueu, (at the charge of them that solicit for him,) to answer sucb miiscariages as we haue to charge against him. M'. Herbert and M'. Moore, inhabitants of Southhold, being here, the court desird to speake w'h them, and being come before the court, they asked them concerning the affaires of Southhold, and pticularly aboute some differences w^h they haue heard is among them, and whether their rates are paide, and whether themselues haue taken the oath of fidellitie. They answered for the oath of fidellitie, neither themselues r/C nor many others in Southhold haue taken it, and they desire , now to be forborne also, and if the court please to send otier '/ two magistrats to Southhold, (w<=h they would cary and bring home at their charge,) to issue some differrences theire, they hope before they come away they should doe what the court desires, and for rates they know not, but what hath bine de- manded is paide. It was ppounded to them whether it were not better that some of both pties amongst whom the differrences are, (who may haue power to act for y^ rest,) should come heither to Newhaven at the court of magistrats the last Munday in May next, where they might haue better help for issuing of things then they can expect from any that can be sent ; they both approved of the motion and hope their towne will attend it. 52 RECOEDS OP THE [1663 They ppounded who shall giue oath in case witnesses are to be examined & sworne; the court considered of it & told them that they thought it would be satisfying to all pties if y« court desired M'. John Youngs, pastor, to wright the depositions of any, and then the deputies or either of them might giue oath, w<'h motion they fully approued of, and the court did now order that a letter should be written to Southhold from this court, informing them of this agreemt, and desiring them to attend it, and also that the rates due to y« jurisdict may be speedily sent to the treasurer at Newhauen, or at y« furthest brought w'h them when they come to y^ court in May next. After Thomas Moore was departed he returned againe to y« court and declared his willingness to take the oath of fidellitie now, w<=h the court well accepted and administred the oath of fidellitie to him, and declared that if he be a member of Salem church, and haue letters of recomendation, and lyes vnder no offence to hinder, he may haue the freemans charge giuen him at Southhold and be admitted a freeman as others are. Leiutennant John Nash was propounded to the court and approued of by the court for the cheife mUhtary ofl&cer'at Newhauen for y« p^sent. And Leutennant Samuell Swaine was ppoxmded and ap- proved of for Brandford in y® same way. The Gouerno' informed the court that Capt. Vnderhill de- sires some advice concerning a horse W'h hee seized at South- hold, w^h was taken from the Duch by Thorn Baxster, but the court declared y' they would not medle w'h. It is ordered that a dinner be pvided at the ordinary for y^ court and whom they shall invite vpon the election day, at the publique charge of the jurisdiction, but after, euery towne is to pvide for theire owne magistrats and deputies. Thomas Baxster being seized at Pairfeild and brought to Newhave the lO"" of March, was called before the court and told that hee stands charged w'h sundrie offensiue carriages, for W^h ye court conceives he can haue no comission to beare him out, and first his cariag aboute seizeing M. Mayoes vessell, w^h all the coinission''s haue witnessed against and written to Road Island aboute it, for w<=h cariag Road Island, as they are 1653] JURISDICTION OP NEW HAVEN. 53 [37] informed, hath declared || themselues offended w'h hinij calling in his comission and haue naade it voyde and null, and ■would haue proceeded against him but that he made an escape from them, beside many miscariages of a high nature at Fair- feild, but they belonge to another jurisdiction, whether the court referred them ; but for this jurisdiction he was told his miscariages at Stamford haue bine Terey offensiTOj as that he will beate vp a drume there for volunters and flourish his cullers to gather company, and if any oppose him he threat&ns them, and pticularly the constable ; thus he tramples upon the authority sett vp there ; also his miscariage lately at Millford in carrying away M. Fowlers cannow, and when one of Millford told him it was the magistrats cannow, he slighted such words, and when they laid hands vpon it to stay it, he w^h a halfe pike strucke the man betwixt the head and shoulders, and one of his men drew Ms cutlash and struck at his hand but missed it, and the rest stood w'h their peeces cocked & vowed they would shoote ; beside his cariage in entertaining and keepeing M^ Fowlers servant, and when he sent for him he would not deliuer him but said he had buisnes for him and when he had done w*h him he would send him home. Hee was asked what he said to these things, and whether he had comission to act thus ; he said he thought hee had, but his comission being pvsed there was no such thing in it, but he is lymitted to y« Duch and enemies of the Comonwealth of England, and to behaue himselfe civilly to aU the plantations in the Enghsh colonies. Hee said if he spake so at Stamford it is out of his knowledg, and for M'. Fowlers man he did send him home afterward ; for the miscariage at Millford, they were so lately and testifyed by so many witnesses, as Ensigne JBryan, James Eoggers his man, and others pi-sent, and might be confirmed by others at Millford, that he could not deny them. The court hauing pceeded thus farr, for the p-'sent dismissed him to be sent to Connecticote, to answer for what he hath done in their juris- diction. Two of Thorn Baxsters men, namely William Bllitt and Abraham Frost, were also brought prisoners, the tryall of 64 RECORDS OF THE [1653 whom this court refferrs to Connecticote as most propr to them, onely the marshall of Connecticote desired that the tesr timony of one of Fairfeild here p'sent may be taken and sent to Connecticote, because it may be of some vse to them there, Wh the court granted, & is as foUoweth, John Odell testifyeth vpon oath, that as Baxsters men went yp and downe the streets of Pairefeild w'h their swords drawne in their hands, he heard William BUitt sweare w'h a great oath, (but knowes not the words,) that w*h them hands of his he would be avenged vpon the blood of some of them w^h had taken his captaine, and he supposeth there were aboute a dozen of them W'h so runn w*h their swords drawne. Robert Basset was also brought alonge w'h them prisoner, and charged by the marshall of Connecticote, Leiutennant Cooke and goodman Lewis of Hartford, Edward Parker and Daniel Hopper, our two men, also joyning w'h them, that the said Robert Basset caried it in a sideing way w'h Thomas Baxster, for when they had seized him at the ordinary housie dore, quietly led him away w'hout disturbanc, Robert Basset came rtining after them w'h his hand vpon his sword, being amazed, as himselfe saith, to heare Baxster was taken, and gaue them many high and offensive words and cariag, affront- ing them in their way, comanding Leiutent Cooke to put vp his sword, (though he saith he intreated him,) W^h when they saw, they disarmed him, and the marshall coinanded him to aide them, so he went to the house w'h them where they kept Baxster prison'', and staid a while, but after went away w'hout leaue; further Connecticote men say tliat they conceive he might be some occasion of the disturbanc wh fell out after- ward, because while hee was w'h them at the house they mett w'h none, and they thinke Baxsters men knew not where they were, but quickly after he was gone they came and assaulted [38] y« watch [& fought w'h them, in which] || skirmish one of Baxsters men was killed and one of our men wounded and after this hurt was done he came to the house againe and de- sired to speake w'h the Capt., and being there began to reason the case w'h them aboute seizing of Baxster, and justifyed him in his way, pleaded for him and against those that tooke him, saying what had he done that they came to take him as a 1653] JURISDICTION OP NEW HAVEN. 55 rogue, a theefe and a miirtherer, w'h swords and staues ; fur- ther goodman Lewis said that as Robert Basset and he came along together in the way heither, he desired him that things might not be prosecuted too heavily against him ; goodman Lewis told him he should attend truth, but he had heard that he had bine active in drawing company together against the coinonwealth where he Hues, and that he will be a reformer, not onely of comonwealthes, but of churches also; Robert Bassett said hee knew the ground of such reports, w^h was a letter hee received w'hout any name subscribed, speaking to that purpose, and said hee, indeed this is the thing that ^'■ troubles mee, that wee haue not our vote in our jurisdiction as others hane, and instanced Connecticote jurisdiction. This discourse, both in the house w'h them & in the way w'h goodman Lewis, Robert Basset owned, but would haue excused himselfe, saying it was drawne forth of him, but was told it was w'hin before, else it could not have bine draWne out. Robert Basset was told, beside these miscariages before spoken of, the court hath heard, and some of them haue seene, (as M^ Goodyeare and M^ Newman,) at Stamford, his bold- ness and forwardness in expressing himselfe against the gouermt of the jurisdiction, and how actiue he hath bine to raise and cary on an insurrection in both these colonies, as appeares by the wrighting w^h he and John Chapman was bringing along the coast to raise volunteeres to goe against the a Duch as was pretended, himselfe ingaging therein w'hout any approbation from authority here, so that he hath bine a ring- leader in these wayes of disturbance and vndermining the gouermt of the jurisdiction, and this hath bine contrary to his oath of fidellitie taken to this jurisdiction, and contrary to a knowne express law published, and after he hath heard the letter from the comittee of Parliam' vnder their hands and scale, requiring his submission to the gouerment here estab- lished. Robert Basset said that in his heart and intentions hee hath not broken this law or his oath, but in some appearance hee may haue broken them, he was told this, an answer once for all in such cases, that the court judges not by mens hearts and 66 RECORDS OP THE [1663 intentionSj that is a worke propr to the all seeing God, but the court judges by words and actions, both w<=h haue evedently declared that, contrary to his oath and the law of the jurisdic- tion, he hath received a seditious letter to disturbe the peace of the jurisdiction, to vndermine and by fore to ouerthrowe and alter the verey foundations thereof, and indeed to turne things vpsidowne in church and comonwealth. This letter he conceales, though receiued as himselfe saith here at Newha- ven, neuer acquaints any magistrate w'h it, nor after at Stam- ford acquaints not the constable or any deputy, till the con- stable hearing of it in the towne goes to inquire, and then he showes it him but in his owne hand ; this letter hee spreads [39] abroade to kindle a fire and stirr vp the spirits || of others to the same rebellion, acting himselfe both in publique and private in a constant way for a good space of time to ouer- throwe the foundations of gouerment here established. Eobert Basset was told this is the substance of the charge against him, and if he will confess it he may ; if not, then the court must pduce proofe thereof; then Robert Basset said, hee sees that in his cariage he hath acted so as the charge holds forth, w<=h hee did not see before, and hee hopes hee hath cause to bless God that hath brought him heither at this time, for hee sees his course hath liine sinfuU and not according to the light that God hath giuen him. After this he was asked who hath bine of this confederacy w*h him as cheife actors in the buisnes, and what meetings he had w'h John Youngs at Stamford; hee said John Youngs was at his house, and one Capt. Bason, and they were con- triving to raise forces to goe against the Duch, and some wrightings were drawne vp concerning the shares of seuerall officers, w=h wrightings are at his house to bee scene, and for any at Stamford he named John Chapman, Jeremiah Jagger, old Newman and William Newman, w<=h are vnsatisfyed w'h the gouerment of the jurisdiction because they haue not their votes. Robert Basset was told that these men must be sent for and the wrightings at his house, and the court will meete againe to consider of these things, and in the meane time hee must 1653] JURISDICTION OF NEW HAVEN. 57 remaine a prisor here at Newhaven, but he can giue securitie to the valew of fifty pound for his appearance at the court one Wedensday come seven night, the court will show him that fauour that he shall be a prisoner in the marshalls house. It is ordered that a warrant be sent in the name of this court to warn John Chapman, Jeremiah Jagger and William Newman, inhabitants of Stamford, to appeare here at New- haven before the generall court, who appoints to meete againe on Wedensday come seven night, at one a clock in y« after- noone, to answer such miscariages as shall be laid to their charge. It is ordered that a serious view be made in euery planta- tion in this jurisdiction, to see who haue taken the oath of fidellitie & who have not, and that all male psons from sixteene yeares old and vpward, wh haue not allready taken it, wheth- er chilldren, servants or sojourners, as well aS planters, doe take the said oath, and that at the generall court in May next, a cirtifycate be brought from each plantation and pi^sented that they haue so taken it, or if any refuse, their names are to be returned, but if the authority of y« place finde any viifitt- ness in any pson by their ignoranc not vnderstanding the na- ture of such an ordinance, they may dispense w'h them a con- venient time for the better informing themselues, that ye name of God may not be taken in vaine. 58 BECORDS OP THE [1663 [40] At a Generall Court held at Newhaubn for the Jurisdiction, the 22"^ op March, 1653. Present. Magistrals. Theophilus Eaton, Esqs Gouerno^ M'. Stephen Goodyear, Dept Gouer'. Francis Newman, for Newhaven. W. William Leete, for Guilford. Deputies. M^ William Gibbard, j Newhaven. Henry Lindon, ) Benjamin Fenn, ) j^iufoj-d. Robert Treate, ) W. Chittendine, j ^.^.^f^^^^ M'. Jordan, ) Richard Law, ) Stafford. Francis Bell, ) Mr. Craine, ) B^andford. Samuell Swame, ) Robert Basset was called before the court, and being re- membred of what was the last court charged vpon him. and confessed by him, he was asked where those wrightings are W^h he informed the court of; he said he thought goodman Law had had order to bring them ; he was told so he had, and did looke in his house, but the wrightings were conveyed away. Hee was asked what that letter was that he receiued since w'hout a name ; he said it was a letter from Abraham Kim- berly, w<=h he sent to him aboute aboute some buisnes concern- ing Adam Motts saying Baxster was a rogue, and M' Ludlow was his brother. He was asked what conferrenc hee hath had here at Newhaven to raise disturbance ; he said hee was once at the ordinary where some of the towne were, and they were speaking aboute the designe against the Duch not goeing on, and hee hearing Scarbrough was coming from Vergenia w'h a oomission against the Duch said, what if a company should com from the west, and call them to account, but was told that 1653] JURISDICTION OP NEW HAVEN. 59 those wkich heard him, speake otherwise, as Eichard Beckly, William Meaker and Edward Pattyson, who testify that Rob- ert Basset said, what if a company, or army, should rise from the west and call the authority, or colonies, in these pts to ac- count, what -woTild they doe then, and the two latter say that hee asked if they would joyne w'h them, w^i showes that hee spake it to corrupt them, nor can the court beleeve that he spake in referrence to Scarbrough then, but of a Malignant pty w<=h hee hoped would rise, to ouerthrow churches and cofBonwealthes, as the first letter hee received w'hout a name imports. Beside all this, Serjant Bell, one of the deputies for Stamford, ' informed the court that though Robert Basset hath bine a great disturber of their peace in Stamford, at sundrie times in severall meetings, yet vpon the 7"» of March last, the day that the deputies were to come to the last court, there being a towne meeting called at Stamford, he caried it worss then evier before, (though hee seemed befere convinced of his mis- cariages and hoped he should neuer so offend againe,) for when the towne was come together, Robert Basset stood vp and asked What the meeting was for, Richard Law, the consta- ble, answered, there was a generall court to be at Newhauen, and deputies were sent for to goe theither ; Robert Basset re- plyed, 'they would obey no authority but that W'h was from the State of England; the constable answered, this authority is the authority of England; that he denyed and said, then let vs haue Bnglands lawes, for England doe not prohibbitt vs from our votes and liberties, and here wee are, and wee are cut of from all appeales to England, and wee can [have] no justice /fiere ; further he said they were made asses of, [41] II and their backes are allmost broke, and it is time for them to looke to themselues and to throw their burden of, for they shall be made very fooles ; and he spake against the justice of the authority of this jurisdiction; a replye being by some in defence thereof, hee said, is that authority just, that makes what lawes they please, executes them as they please, calls for rates when they please, and neuer so much as giue them a reason. Francis Bell told him that this should 60 BBCOEDS OF THE [1653 be declared at the court, hee answered yes, it was his mind it should be so, and therefore, saith hee, I will say it againe, is that authority just that makes what lawes they please, executes them as they please, calls for rates when they please, and. neuer so much as giue them a reason. Hee also said that they were not so much as neighbours, but bond-men & slaues, but that being witnessed against, hee justifyed what hee had said, saying they must be bond-meu or free-men, for their was no medium. To these passages both the deputies of Stamford witness to the substance of them, and William Newman to some of them, but the whole charge was in court owned & confessed by himselfe, except that passage (that they could haue no justice here.) Robert Basset was asked if he knew what libertie men had in England in poynt of vote, he said no ; hee was informed that many thousands in England, of great estates, and good repute in other respects, haue no vote in such elections, and was told that as his course and cariage hath bine full of pride & insolency, himselfe a leader to dis- turbethe peace. both of churches and commonwealth, nay to ouerthrowe all foundations laid here for gouerment, w^h by oath he stands bound to maintayne and vphold, so he hath dis- couered a false, rotten spiritt (as was lately obserued by some of Oonnecticote in their converse w'h him, and he told of it in open court.) Somtimes hee seemes to stand and pleade for the Parliam' & Gomonwealth of England, as if faithfuU to that cause, and at other times shewes himselfe a RoyaUst. The last yeare, when a marriner, one Thomas Adams, (as hee called himselfe,) though in apparell and cariage hee acted a part as if hee had bine the king of Scotts, or some greate prince, (though not willing to be knowne,) and by some was called King Tom,) and vnder such a fancy or conceipt came to Stamford, Robert Basset intertained him at his house, became his cheife associate while he was there, gaue him gunns at parting, and being examined concerning him, aflBrmed he had ground to satisfy himselfe that he is the King, &c., but was not willing (as he said) to speake anything to his prejudice. But beside all these things, there are sundrie passages in y^ wrightings not yet come to hand, w<=h so farr as the court haue 1663] JUEISDICTION OP NEW HAVEN. 61 information allready they see to be verey oflFensive and deserve consideration, and therefore seeing they haue bine conveyed out of his house to Richard Webbs, as his wife hath confessed to the court, and that after she heard the constable was to search for them, the court cannot issue his matters at this time, and the marshall was ordered to put him in prison, and irons vpon him for his better secuxitie ; but vpon his desire, consid- ering the coldness of the season, and the prison house where is no fire, that they might avoyde crueltie, the court left it to y« gouerno"^, magistrats and deputies of y« general! court at Newhaven, to order his imprisonm*, whether in y« prison or in ye marshalls house, as they should see catise in refferrence to his health. John Chapman, Jeremiah Jagger and William Newman, inhabitants of Stamford, were called and appeared ; first they were asked if they had taken the oath of fidellitie to this juris- diction, they aU answered yea; then Jeremiah Jagger and [42] William |1 Newman were w'hdrawne, and John Chap- man pceeded w'h and charged, that contrary to his oath and the lawes of the jurisdiction, (w'=h haue bine published,) he hath acted in a way of disturbance, vndermining the founda- tions of gouerm' laid in y« jurisdictio, in that he hath bine an instrum* and the mouth of diuers discontented spirits in Stam- ford to plead for alterations in votes, w^h being granted would ouerthrowe the frame of gouerm' fundamentally w"=h his oath binds him to vphold & preserue, Wh in him is worss then in another, because hee is a freeman and sometime hath bine a deputie in y« generall court, beside he hath bine instrumentall and active in carying a wrighting from Stamford to raise an army w^hout approbation, or so much as the knowledg, of the authority of the jurisdiction, and that after (as himselfe con- fesses) the authority setled for the jurisdiction at Stanaford had publiquely witnessed against it, yet he goes w'h Robert Basset to Norwalke, there seekes to stirr them vp to y^ same way and, as himselfe saith, prevayled, and so was to pceed to Fairfeild, and in all the townes till they came at Newhaven, had they not by the pvidence of God bine mett betwixt Nor- walke and Fairefeild by M'. Goodyeare and M'. Newman, two 62 EECOEDS OF THE [1658 magistrats of this jurisdiction then goeing to Stamford to seeke a setlement of things there, and by them was caused to returne. Hee was told this a seditious cariage and a way of insurrection, directly contrary to the express words of a knowne law, and this he did to disturbe the peace, not onely in this jurisdiction, but of Oonnecticot jurisdiction also, so that had it not bine stopped, who knowes how farr and to what mischeife it might haue pceeded; and though they pretended it was against the Duch, yet it was rebellion in them to act in such a way w'hout and against authority, and it is evident that the letter Robert Basset receiued, who was a principall instrument in this buisnes, and according to wh hee acted in other things, was to ouerthrowe churches and civiU gouer. ment, specially in this colony. John Chapman was wished to speake for himselfe if he had any thing to object ; he said he did intend no hurt against the jurisdiction, but he hath noth- ing to say to justify himselfe, but condemnes himselfe exceeds ingly in the thing, for he hath done very fooUishly and hopes it shall be a warning to him for time to come, for though it is true he was imployed by the towne in that service, yet he now sees hee should not haue accepted such imployment, but wit- nessed agst it, being contrary to his oath and y^ lawes of the jurisdiction. Jeremiah Jagger was againe called before the court, and told his way hath bine a way of disturbance in Stamford wh hath had influence into the whole jurisdiction, yea he hath acted so as to ouerthrow the very foundations of gouerm' here laid, pleading for liberties in votes, that all may chuse officers for publique trust, and chuse whom they please ; and because it is not granted, he growes surly and discontented, w°h (as at other times according to information giuen by ye deputies of Stamford,) hee did manifest when M'. Goodyeare and Mf. Newman were lately at Stamford, saying publiquely in the towne meeting, in discontent and w'h a surly spirit, that the court sent to the towne for deputies, but they were the churches deputies, and who must chuse them, the free-men ; then saith hee, wee are bond-men, and so will our chilldren bee, therefore it is time for vs to looke to it; and to M''. Goodyeare, (wh 1653] JURISDICTION OP NEW HAVEN. 63 [43] John II Benham also heard and now testifyes) he spake contemptuosly of the corriission''s, saying they satt long, but what did they, he could haue tliree or fours plow-men should doe as much in three or foure dayes ; and when the magistrats were informed by some that the generality of Stamford did desire they might haue libertie in vots, but they would be confined to chuse w'hin the church, but if that would not bee granted they should rest satisfyed in y* course setled, Jeremiah Jagger replyed it was not so, but they stood for their full lib- ertie, and spake against those that so informed ; beside all this, at another meeting when rates haue bine demanded for y^ jurisdictio, he hath showed himselfe discontented and said, let them take it, but it shall be a packing penny ; and when Eob- ert Basset saide in a towne-meeting, what doe here, wee are not so much as neighbors, but bond-men, & slaues, w^h being witnessed against by some, Jagger joynes w'h him and saith, what are wee else. To these things both the deputies testify, and Francis Bell saith he said at another time, they were no better then Indians, for what libertie had they more then they ; and at another time told Francis Bell (when hee was consta- ble) that hee was a silly feUow to bee set in authority ; and when the deputies haue bine sent for to the court, he hath spoken contemptuosly of them, saying let them goe, and eate and drinke, and say as they say, w<=h last passage' Francis Bell saith was true, but he acknowledged his fault privately to hime, but now the court heard of it by other meanes and declared that publique satisfaction should haue bine giuen for it. These things being declared, w'h the seuerall proofes of them, Jeremiah Jagger was told that this is his charge, that contrary to his oath and the knowne lawes publishd in y^ jurisdiction, he hath gon on from time to time disturbing the peace of this jurisdiction, and Tndermining the gouermt here established, pleading for such wayes of voteing as will ouer- throw the foundations laid, and if he may not haue it, then they are bond-men and so will their chilldren bee, and they must looke to it in time ; likewise when just rates haue bine demanded for the jurisdictio, he is discontend,. saying let 64 RECORDS OP THE [1653 them haue it, it shall be a packing penny ; and when Basset saith they are bond-men & slaues, hee sides w'h him and saith what are wee else, nay they were no better then Indians, and had no more libbertie ; hee hath spoken against the^ deputies, and against y« constable, reproaching him as a silly fellow, beside the contemptuouse words spoken against the comis- sion's, a cariage not 'to be suffered in any member of this jurisdiction. This charge being read, hee was asked if hee intended to remoue out of Stamford, he said no ; he was asked what he ment by saying it should be a packing penny, he said he could not tell ; he was told then the court knowes what construction to make of it, but he was wished to speake if he had ought to object against what hath bine charged ; at first he made sundrie evasions, but afterward did fully confess the charge was true, and that his speech concerning the coinis- sioni^s was an vnreverent sinnfuU speech, and that he 'had caried it ill in all the other respects, and is sorey for it, and sees now more in these things then euer hee did before, and were they to doe againe hee should not doe them, and hopes it will be a warning to him hereafter. William Newman was called, and told that he is accused by Robert Basset (amonge others) for being one of the disturbers of y« peace of Stamford, in pleading for such libertie in votes [44] as would || ouerthrow the foundations of gouerment here laid, wh by his oath hee should haue vpl^eld and mam- tayned; he denyed not that hee had pleaded for such libertie in voteing, but he had bine but as others of the towne haue bine, but was told he hath bine more forward then others, and likewise his father should haue bine sent for, whose hand is to a letter w'h is very offensiue to the court, but in respect of his age they forbore his father and sent for him; he confessed his fault, and said he is sorey hee hath giuen the court this occasion to send for him, and hopes it shall be a warning to him, and said his father wished liim to informe the court that hee is sorey for what hee hath done, and hopes hee shall act no more so. The court hauing pceeded thus farr w'h these seuerall offehdors, all pties being present, they pceeded to sentence, 1653] JURISDICTION OP NEW HAVEN. 65 and John Chapman and Jeremiah Jagger were told their mis- cariages are of a high nature, and such as by law (w<=h was read to them) they may see brings them in question for their life, but because they will seeke to wine them by lennity, they shall this time deale fauourably w*h them. And concerning Jeremiah Jagger, the court orders that he paye as a fine to the jurisdiction twenty pounds, and that hee binde himselfe in one hundered pound bond, to attend his oath of fidellitie hereafter and maintayn the foundations laid for gouermt here and the lawes of y^ jurisdiction, to the vtmost of his abillitie, avoyding all wayes of disturbance in this kinde w^h hee hath formerly gone on in. For John Chapman, the court ordered that he paye as a fine to the jurisdiction ten pound, and that hee enter bond to y* vallew of fifty pound, to attend his oatli of fidellitie hereafter and maintayne the foundations laid for gouerment here and the lawes of the jurisdiction, to the vtmost of his abillitie, avoyding all wayes of disturbance' in this kinde w°h he hath formerly gone on in. For William Newman, there is not so much charged against him, therefore the court passeth it w'hout a fine at this time, but he is to enter bond to the valew of twenty pound, to attend his oath of fidellitie hereafter and maintayn the foundations laide for gouerment here and the lawes of the jiirisdiction, to the vtmost of his abillitie, avoyding all wayes of disturbance in this kinde w<=h he hath formerly gon on in. Into w^h ingagment they all entered into one wrighting for their severall somes, before the court, w^h is as followeth. Whereas Jeremiah Jagger, John Chapman and William Newman, inhabitants of Stamford, haue bine questioned in court and sundrie miscariages proved against them, as the records of those pceedings will show, now these are to declare & certify, that wee, Jeremiah Jagger, John Chapman and Wil- liam Newman, doe severally binde ourselues in the somes fol- lowing; that is, Jeremiah Jagger in y« some of one hundered pound sterling, John Chapman in fifty pound sterling, and William Newman in twenty pound sterling, that wee will hereafter attend our oath of fidellitie and maintayne the foun- dations laid for gouerment here and the lawes of the jurisdic- tion, to the vtmost of our abillitie, avoyding all wayes of dis- 9 66 BEGOEDS OP THE [1653 turbance in that kinde w'=h wee have form'ly gon on in. In witnes -whereof wee haue herevnto set our hands before the generall court for y^ jurisdiction, at Newhaven this 24"' March, 16ff . f Erancis Newman, Secret. Wherevnto they all subscribed. [45] II The Gouernor read to the court sundrie propositions made by Docter Chayes, a French physitian, to w=h the court returnd answer that they will allow no sallary, for the other they object not, but if hee please to goe on in his practise they shall be willing to imploy him as they see cause. Mf. Goodyear read to the court a letter from M'. Youngs, of Southhold, wherein he informes that himselfe and y« towne desire the gouerno"" to vse some meanes for his sonns release, and that two magistrats may be sent to Southhold. The gouerno' told y« court that vpon this letter the magistrats here at Newhaven mett, sent for M"^. Herbert and 'My. Moore, then in towne, and told them that if they would be bound in one hundered pounds, that John Youngs should appeare here at Newhaven at the court of magistrats in the latter end of May next, to answer what should bee laid agst him, the gouernor would vse the best means hee could by wrighting to pcure the release of him & his wampom, but they refused tUl they had spoken w*h his father, whereof the gouerno'' by a letter, dated the 18th of March, 1653, now read, did informe M'. Youngs, pasto' of y^ church at Southhold. The court , vpon such ingagment for his appearance, approved y* meanes propounded or offered for his inlargment, and that being done, left it to the gouerno' to wright as he sees cause. And for sending two magistrats to Southhold, if notw'h. standing what the court hath sent to them they still continew their desire, and according to their owne proffer send for them at their owne charge, the court now desires and appoints M'. Leete & M' Newman to goe. The deputies of Millford were desired to speake to M'. Prudden from y^ court, to desire him to preach here at New- haven vpon ye election day next. A case ppounded by Leiutennant Seely, concerning one of ye mares w^h Baxster tooke from the Duch, w'h he hath 1653] JUBISDICTION OP NEW HAVEN. 67 bought of one of Southhold, whether he may not haue libertie to sell it againe to y= Duch; the court declared that they approve not of his buying any of those horses, neuer yet in any legall way proued to be lawful! prize, and as they haue hetherto had no hand in medling w'h them, so they resolue to keepe themselues free. The Court advised the deputies of Stamford if they see that, 'uotwthstanding the courts pceeding w'h these men, some others in their towne goe on to giue offence in y^ same kinde, they are to binde them to answer it at the next court of magis- trats, in y^ latter end of May, and pticularly Tuckee, Theale, Webb and Finch, who hath caried it ill as the court is in- formed. It is ordered that no pson in this jurisdiction shall imploye any Indian or Indians to looke after any horses, hoggs, or other cattell, in y^ woods, vnless some Englishman be appointed or approved by the authoritie of y« place to goe along w'h them, vnder y« penalty of fiue pound for euery time they shall breake this order. And if any Indian be found or proued driuing any horses, hoggs, or other cattell, w'hout y« like order, it shall be looked vpon in them as theft, & they pceeded w'h accordingly. For Thomas Baxster, the court ordered nothing concerning him now, but waite to see what Connecticote will doe w'h him, onely now Francis Bell testifyes that hee Thomas Baxster say, that hee hoped to see some of the comission''s hanged, or their heads of before longe, but being then questioned aboute it he said, he ment them w'^h were against the warr w'h the Duch. 68 becords of the [1654 [46] At a Genbball Court held at Newhauen fob the Jurisdiction, the 26"' op Aprill, 1654. Present. Magistrats. Theophilus Eaton, Esq', Gouerno'. M^ Stephen Goodyear, Dept. Gou'. Francis Newman, \ Mf. William Fowler, ( Magistrats. M^ William Leete, ) Deputies. M'. William Gibbard, „ ^ . , , Newhaven. Henry Lindon, Benjamin Fenn,)^i^f.^^^_ Robert Treatte, ) Leivtennant Chittenden, ^ I'lford M"". Jordan, Richard Law, Stamford. M'. Crane, Leivtennant Swaine, Brandford. Vpon information from Millford that Capt. John Manning, (concerning whose course of tradeing w*h the Dnch at the Mnnnadoes this last winter, and so furnishing the enimies of the comonwealtli of England w'h provissions, sundrie reports and complaints haue bine made in these parts,) was to come theither w'h his vessell, the gouerno"" advised that Capt. Man- ning should be there questioned concerning the saide offensive trade, and vpon acknowledgment or proofe thereof, that he giue bond, w'hin a convenient lymitted season, to answer his miscariage in England, and that vpon his refusall, the vessell be staide till further order ; and accordingly he was examined at Millford, Aprill 19"i, 1654, but did peremtorily deny that he had driven any trade at all w'h the Duch ; and being asked how oft he had bine at the Munnadoes and at Vergenia since he was at Millford in Nouember last, he affirmed he had bine at the Munnadoes but twice, and had bine but once at Verge- nia, and that he brought nothing thence to ye Munnadoes but 1664] JURISDICTION OP NEW HAVEN. 69 stones or ballast. This not satisfying at MUford, he came, or ■was brought, before the gouernor at Newhaven, -where, vpon examination, he maintayned the two former vntruthes. The gouernor told him proofe in both cases would be made to the contrary ; he answered he knew not that he had bine at Ver- genia any more then once ; it was replyed that such voyages are not so easily made, nor can be so soone forgotten, his vntruthes were willful! and his cariage offensive. After w"=h M^ . Ludlow came, and informed y« gouernor how inconvenient, and what a damage it would prove to him, if the vessell were staide w<=h he had hired to transport him & his family to Vergenia, and desired the gouernor would giue it him vnder his hand vpon what ground he made staye of the vessell, w'=h being presently done, M'. Ludlow laide claime to y« vessell as his, but being minded of what he had said, both at Fairefeild and here, concerning his hiring her of Capt. Man- ning, and that men need not hire what is their owne, it was at length agreed, and M'. Ludlow consented, to ingage for Capt'. Manning, and to leaue one hundered pound of his estate in Ensigne Bryans hand for securitie, that Capt. Manning, be- twixt this and the 20"^ of October next, present himselfe and this case in the truth of it to the authority in England, and submitt to and abide their censure therein, and vpon notice from thence that they are satisfyed, the securitie should bee [47] II released, and in the meane , time Capt. Manning and his vessell might attend M^ Ludlow his occasions in all wayes alowed by the State of England, '&c. ; and of this also M'. Ludlow desired and had a copie. But before M^. Ludlow and Capt. Manning went hence, information came from Millford that the vessell (expressly contrary to order giuen) was by Capt. Mannings men, w'h a higli hand and threatening speech- es, caryed away, and was pursued by a shallopp well manned and armed, sent from Millford. M^ Ludlow and Capt. Man- ning were againe sent for, and acquainted w'h this affront. M'. Ludlow was asked whether hee would notw^hstanding continewe the forementioned securitie ; at first he demurred and objected ; being told that if he refused, Capt. Maning must be staide here to answer his said trade, he consented and 70 BBC6RDS OF THE [1654 pmised to make good his saide ingagement at Millford, and Oapt. Manning wondered and seemed troubled that his men should cary the vessell out of Millford harbour, and profest he knew nothing of it, though it were after proued ypoh oath that he gaue his men order to goe out of y^ harbour into the roade. But when M'. Ludlow came w*h Capt. Manning to Milford, he refused to put in the said securitie, because the vessell was gone, wherevpon Oapt. Manning was sent backe to Newhaven and a generall court summoned to meete there the" 26"i of Aprill. In y« meane time Oapt. Manings men, in their way toward the Duch, perceiveing they could not escape in his vessell from the shallopp, W^h being manned w'h thirteene men made great speede, & would be much too strong for them, (though wee heare they had ten gunns,) they left the vessell adrift, and in y^ skiff fled away, takeing w^h them, as is con- ceived, onely Oapt. Mannings trunke, w'h his bookes, wright- ings, &c. When she was w*h much charge and hazard recouered and brought backe to Millford, then M'. Ludlow againe tendered the former securitie, but he haueing refused it before, the case thus altered was brought to a tryall here. Oaptaine Manning being called before the court was told, that by vertue of an order received from the councill of State for y« common wealth of England, dated July 2Q^^, 1652, he hath bine fornierly examined concerning his late course of tradeing w'h and supplying the Duch with provissions, who haue de- clared themselues enemies to that cofnonwealth, but heitherto he hath drawne guilt vpon himselfe by continewed, wdUfuU vntruthes, or lyes ; this court doth therefore againe require an account how oft he hath bine at the Manhatoes this winter, and how often at Vergenia, and what he hath brought either from Boston or from Vergenia & traded w'h the Duch. Wherevpon he now acknowledged that he had bine three times at the Munnadoes, and twice at Vergenia this last win- ter; the first time at the Munnadoes was aboute Nouember last, and then he caried aboute tenn tunn of goodes for one M^ Foster, viz', wine, salt and bread; ye pticulars he men- tioned, was aboute sixty bushells of salt, forty hundered weight of bread, and aboute eleuen quarter caske of wine, some of 1654] JUBISDICTION OP NEW HAVEN. 71 ■w-eh goods were disposed of at the Munnadoes, and he suppo- seth the rest at Vergenia. The salt, he saith, was much of it lost by reason of foule weather, and two thousand pound of bread, w<=h he saith was not fitt for^hoggs, and was cast ouer- board at the Munnadoes. Beside this he saith he had eight tun more of such goods aboard, w'h some suger, vpon his owne account. Being asked what he sould of them at the Munnadoes, he said he coxild not tell, because his men had caried away his bookes, but he went not w'h an intent to sell anything there, and said he could bring cirtifycate that he caryed fourteene tunn of goods to Vergenia. Being asked what he tooke in at the Manhatoes, he saide, not halfe a tunn ; he was asked how much beavor; he said he saw no beavor brought on board, but confesseth he sould two or three hun- dred weight of suger there ; he was asked what he brought to the Munnadoes from Vergenia in his two Toyages from thence ; he said, each time thirty fine hogsheads of tobaco, but not on of them his owne, (w<=h was not beleeved ;) being asked whose it was, he said part belonged to on Duncome in Virgenia, part to one Whorree, and pt to a Duch-man. He was asked [48] 11 how this agrees w'h his profession of loyalty & service to the comonwealth of England, thus to succour their enemies, be their factor or agent, transport tobacoes for them and others to tlie Duch jurisdiction, to defraude y« commonwealth of Eng- land of their customs ; he said he did not defraude them, the gouernour receiyed the customs in Vergenia; he was told it was not so, the gouernor may take what is due in Vergenia, but not the custom due in England ; this tobaco must have paide custom in England if carryed thether, and would haue bine seized if knowne to be Duch-mens goods, W'h he could not denye. After these examinations and confessions, Capt. Manning desired to speake privately w% the court, and did profess he did all this as a service to the comonwealth of England; being asked how, he said to make discovery at and of the Munna- does, that he might take advantage to surprise it, and intima- ted that some ia. Vergenia knew the plott & that it was laide in England, W'h was neither beleeved by the court, nor could 72 EEC0ED3 OF THE [1654 he cleelre or prove it ; but being asked what comission he had so to doe, who gaue him a dispensation to breake the lawes or orders of England in tradeing w'h and releiuing their enemies vnder such a pretence, or whether he had advised w'h any authority in New England aboute it, he could answer nothing. The Court considering Capt. Mannings confessions, and fihdeing them farr short of what hath bine constantly reported of his trade of salt, a skepple (w^h is aboute three peckes) for a beavor skin, and biskitt at a high price, w'h other coinodities^ first minded him of his vntruthes, or rather made lyes, boldly psisted in; but he requiring proofe, M'. William Fowler, magistrate, Benjamin Penn and Eobert Treatt, deputies for this generall court, and Jn° Baldwin, marshall, all of Milford, did vpon oath affirme before him in court, that in their hear- ing at Milford he did absolutely deny that he had bine any more then once at Virgenia and twice at the Munnadoes, since he was at Milford in Nouember last, and did further denye that he brought any cargo or ladeing at aU from Virgenia but stones to y" Munnadoes, and that he had not traded at all w'h ye Duch, but had turned all his cargo for England, and he affirmed the same vpon his examination before authority here, yet a littell before he came to MiUford he tould Ensigne Bryan at M"^. Ludlowes house in Pairfeild, (as Ensigne Bryan vnder his hand testifieth,) that he had bine twice at Vergenia since he went by MiUford, & the same he now fully acknowledgeth in court. And concerning his mens carying his vesseU out of Milford harbour in contempt of authority, he professed before y^ gouernor he knew nothing of it, as before, yet M'. Samuell Mayo, vpon oath taken before M"". Fowler at MiUford, the 20"> of Aprill, 1664, testifyeth, that Capt. Manning gaue order to his company, that if he did not come that night they should cary out the vessell into y« roade and staye tiU he came. Thomas Burrett, a seaman w'h Capt. Manning, vpon oath taken before M' . Fowler at MiUford, the IQ*"! of Aprill, 1654, testifyeth that he knowes of no trade betwixt Capt. Manning and the Duch, saue two barrells of small beare and aboute the vallew of thirty pounds worth of beauour, for wampom that he brought from Boston. 1654] JUEISDIOTION OP NEW HAVEN. 73 Martine Notus, a Duchman, (another of Capt. Mannings men,) vpon oath at the same time affirmed, that he knowes of no Other trade of Captaine Manning w% the Duch sane that litle packe of beaToi^ and two barrells of small beare. Lawrance PoUett, one of Oapt. Mannings company, being now ashoare, by reason that one of the company aboard gaue him a blow on the head, because he did not light a match presently, saith that they would goe away w'h the vessell to y« Manhatoes and leaue the Capt. behinde, and saith the com- [49] pany answered the English, that if they came || aboard, be it Tpon their perrill, for they would shott ; also he saith that Capt. Manning hath bine two times at Vergenia since he came from Boston, and brought thirty six hogsheads of tobaco the one time, and thirty fiue the other time. Testifyed vpon oath at Millford, the 20'h of Aprill, 1654. Before me, William Fowler. "J Captaine Manning was asked if he had anything more to say for himselfe, before the court proceeded to sentence ; he said he could bring cirtifycate from Vergenia to cleare himselfe ; being asked if he could bring cirtifycate to ouerthrow his owne confession, or proue that his selling salt, suger and other pvissions to y= Duch, and transporting tobaco for them to y« Munnadoes is a service to y« commonwealth of England, he was silent. Hee also pi^sented a cirtifycate from Grauesand', a small plantation w*hin y« Duch jurisdiction, vnder the hand of S"^ Henry Mody, Knight, and some others, directed to all admiralls, vice admiralls, captaines, &c. that he had tendered himselfe and vessell to serue y« comonwealth of England, but in what, is not expressed, nor did y« court looke vpon it as at all concerning them, but rather as the contrivment of a guilty man to secure himselfe (if it might be) from such as by comis- sion might either seize the Dtich, or such as in an vnderhand way furnish, releiue & support them. But he hauing no more to say, the court proceeded to sentence, and vpon the order before mentioned, w'h due respect to his owne carriage, con- fession and proofe, it was ordered, that Capt. Manning for two lyes (at least) told and so psisted in before authority, shall paye as a fine, (according to a law in this jurisdiction,) twenty shillings ; that he beare all his owne charges, both here and at Millford, and his vessell, w*h all his goods in her, by vertue of 10 74 ■ EEC0ED3 OF THE [1654 ye forementioned order from England, is by this court judged lawful! prize ; and of these pceedings they will (w'h their first conveniency) giue an humble account to y« State of England^ and in ye meane time ordered, that a copie be at his charge deliuered to Capt. Manning. After sentence, vpon Capt. Mannings desire, the court granted to him that both all his owne weareing apparrell in ye vessell, and likewise the wearing apparrell belonging to Lawrance PoUett, one of his men, who had no hand in carrying away the vessell, be freely deliuered to them. Lawrance Pollett, a Frenchman, and one of Capt. Mannings men, complained to ye court that his master refuseth to paye him six monethes wages at twenty shillings the moneth, due to him for so longe service in ye vessell. Capt. denyed not that so much was due to him, but would haue had him paide out of the vessell, but was told there is no reason for it, he hath received ye fraight and he must paye the wages, and accordingly ordered, that Capt. Manning paye the said PoUett six pounds, w^h be promised to doe. The Court took into consideration what alowance might be made to ye men w^h went from MiUford w'h some hazard, to recouer Capt. Mannings vessell out of the hand of bold, des- perate men, armed, (in wh service they were aboute foure and twenty bowers,) and being willing to incourage them and others in such publique service, either for the coinon wealth of England, or for this jurisdiction, did order that they should haue twenty shillings apeece allowed to them out of ye price of ye vessell, and that what other charges haue bine aboute it is to be borne out of ye same prize by the jurisdiction; and also, that those that haue attended this court aboute it, haue their charges allowed them whilest they so attended. It is ordered that the vessell and tackling weh belongs to her, weh was Capt. Mannings, and now judged lawfull prize, should be sould at MiUford on Tuesday next, at three a clbcke in ye afternoone, by an inch of a candell, he that offeres most to haue her, and that the price as it shall fall shall be paide in beefe, porke, wheat, pease, of each a like quantity, aU of it good and merchantable, and at currant price as it goes-at time 1654] JURISDICTION OP NEW HAVEN. 75 of payement, W'h is at or before the first of Nouember next, and that standing securitie be given, to y^ satisfaction of y« authority at Milford, that the paye be made according to this order ; and for sundrie other things in y« vessell, as appeares by an inventory taken, (w<=h are not alowed Captaine Manning & his man,) shall be sould by themselues at a due price, and y« same paye, or better, Robert Treatt now profferring corne for them at the price they are in y« said inventory vallewed at. [50] II Thomas Baxster being sent backe from Connecticot, was called before the court, and first the charges laide against him here in his passage towards Hartford were read, together w'h the testimonies giuen in vpon oath to proue them sever- ally, and he was told that this court doe not at all medle w'h his cariage to the Duch Jurisdiction, whether at land or sea, or whether it concernd Duchmen or English vnder that gouer- ment, nor w'h offences giuen at Fairefeild, or his seizing the vessell belonging to M''. Mayo, an Englishman of Plymouth Colonic, against whom neither trade, nor any complyance w*h the Dutch, contrary to the orders or directions of y^ comon- wealth of England is proued, but onely w'h the affronts he hath giuen, and the public[ue disturbance he hath made or indeavoured w*hin this colony; and leaning his injurious cariag towards M'. Fowler, in intertaining & keepeing his servant against the masters will, (mentioned at the former court in March,) to further consideration, when M. Fowler sees cause, his publique miscarriages in this jurisdiction were abridged & reduced to these heads, At Stamford he declared himselfe, that if any man traded but six penc w'h the Duch, he would take from him all that euer he had. Tesfifyed vpon oath by John Finch senio' and Elizabeth Jagger. Hee there further expressed his resolution to flourish his coulors, and beat vp the drumm for souldiours, (and w'hout any consent of authority,) and see who durst oppose him, he knew there were but three or foure in Stamford who were his enemies, and they were enemies and traytors to y^ State of England. Testifyed by Eichard Mills vpon oath. Heei there further professed he had or would doe something 76 RECORDS OP THE [1664 to sett New England together by the eares. Testifyed vpon oath by George Slawson and John Finch. W^h designe of his (could he haue reached it) would haue bine accounted a merritorious service to the Dutch, much ouerballancing all the hurt he could doe them by petty plunderings at sea or land. The first of March last, Thomas Baxster coming in a can- now of M.". Fowlers into Millford harbour to seize what he could belonging to Oaptaine Creeger, a Duch man, one of Mill- ford told him it was their magistrats cannowe, he must leaue it there, and laid hands one the head of the cannowe to staye it, but Thomas Baxster not onely refused, but strooke the man w'h a halfe pike betwixt the head and shoulders, and one of Baxsters company strooke at his hand w'h a courtlace, another cockt his gunn and pi^sented it against him, and others stood w'h their peeces ready cockt and presented. Ensigne Bryan bad Baxster take heede he did not shoote, but one of his men boldly replyed he would shoote. Abimdantly testifyed by Ensigne Bryan and diuers others of Milford. W^h might haue cost blood, euen the lives of Thomas Baxster and many others, had Milford men bine armed, but was a great affront and contempt of authority there, and directly contrary to the express words of his commission. The charge being thus laide and proved, Thomas Baxster was asked if he had any thing to say, either to weaken the evidence or to justifye himselfe in these courses ; he pretended he did not remember some of the pticulars, acknowledged he could not object against the witnesses, and feared that in passion and distemper he might speake such things as are charged; he therefore left himselfe w*h the court, desiring them to be fauourable to him ; and accordingly after due con- sideration, the court passed this sentence, That Thomas Bax- ster paye all charges expended through his default, whether here or at Millford, since he was first apprehended, and that [51] for the || forementioned miscariages and disturbances, he paye twenty pounds as a fine to the jurisdiction, and giue his owne bond of one hundered pounds, (himselfe professing, and the court apprehending he can giue no securitie,) that he 1664] JDEISDICTION OP NEW HAVEN. 77 doe not in any kinde hereafter disturbe the peace of this juris- diction, or of any plantations or psons therein. And though it be propounded to this jurisdiction that Thomas Baxster and his commission be sent to Roade Island, yet if Connecticote consent, this court conceiue Roade Island, haueing called in his commission, will be satisfyed if Thomas Baxster doe here resigne his coinission, acknowledging his miscariages on the backe side of it vnder his hand. This the court propounded to Thomas Baxster, offering to wright to Connecticot accordingly, yet gaue him his free choyce, either to goe to Roade Island or to resigne as before. Thomas Bax- ster, after some time granted him for consideration, chose the latter, and accordingly, w'h such an acknowledgment, gaue vp his comission. And vpon his ingagement by promise to returne heither againe the 8^^ of May next, or sooner if called for, and duely to attend what farther order and directions either authority here, or Connecticot should giue, he had hbertie to goe to Fairfeild to order his family occa- sions. M"". Goodyear was desired to informe those of Newhaven w^h have part of Paugaset w'h him, that the court expects an answer from them, at the generall court in May next, whether they will put the said place vnder this jurisdiction or no. At a Coubt of Magistkats held at Newhauen for the Jurisdiction, the 29"' op May, 1654. Present. Theophilus Eaton, Esq"-, Gouerno''. M^ Stephen Goodyeare, Dept' Gouerno'. Francis Newman, \ Mf. WiUiam Fowler, ( Magistrals. M^ William Leete, ) Thomas Staplies of Fairfeild, planf . ) John Bankes, iJf . Rogger 'Ludlow late of Fairfild, defendt. \ atturny for Thomas Staplies, declared, that M'. Ludlow had defamed Thomas Staplies wife, in reporting to M'. Dauenport and 78 EECOBDS OP THE [1654 M"^ Dauenport that she had laid herselfe vnder a new suspi- tion of being a witch, that she had caused Knapps wife to be new searched after she was hanged, and when she saw the teates, said if they were the markes of a witch, then she was one, or she had such markes; secondly, M^. Ludlow said Knapps wife told him that goodwife StapUes was a witch; thirdly, that M'. Ludlow hath slandered goodwife Staplies in saying that she made a trade of lying, or went on in a tract of lying, &c. >^ Bnsigne Bryan, atturny for M^. Ludlow, desired the charge might bee proued, w^h accordingly the plant' did, and first an ^attestation vnder Master Dauenports hand, conteyning the testimony of Master and Mistris Dauenport, was presented and read ; but the defendant ^esired what was testified and accepted for proofe might be vpon oath, vpon wh M'. Dauen- port gaue in as foUoweth, That he hoped the former attesta- tion hee wrott and sent to the court, being compared w'h M^. [52] Ludlowes letter, |1 and M'. Dauenports answer ^ would haue satisfyed concerning the truth of the pticulars w^hout his oath, but seeing M"^. Ludlowes atturny wUl not be so satis- fyed, and therefore the court requires his oath, and y' he lookes at an oath, in a case of necessitie, for confirmation of truth, to end strife among men, as an ordinance of God, accord- ing to Heb: 6, 16, hee therevpon declares as followeth, '■ That M'. Ludlow, sitting w'h him & his wife alone, and discoursing of the passages concerning Kjiapps wife the witch, and her execution, said that she came downe from the ladder, (as he vnderstood it,) and desired to speake w'h him alone, and told him who was the witch spoken of; and so farr as he remembers, he or his wife asked him who it was ; he said she named goodwife Stapleies; M^. Dauenport replyed that hee beleeued it was vtterly vntrue and spoken out of malice, or to that purpose; M^ Ludlow answered that he hoped better of her, but said she was a foolish woman, and then told them a further storey, how she tumbled the corpes of the witch vp & downe after her death, before sundrie women, and spake to this effect, if these be the markes of a witch I am one, or I haue such markes. M'. Dauenport vtterly disliked the speech, not 1654] JUEISDICTION OF NEW HAVEN. T9 haueing heard anything from others in that pticular, either for her or against her, and supposing M^, Ludlow spake it vpon such intelligenc as satisfyed him; and -whereas M'. Ludlow saith he required and they promised secrecy, he doth not remember that either he required or they pmised it, and he doth rather beleeue the contrary, both because he told them that some did ouerheare what the witch said to him, and either had or would spread it abroad, and because he is care- full not to make vnlawfull promises, and when he hath made a lawful! promise he is, through the help of Christ, carefuU to" keepe it. Mf's. Dauenport saith, that M' . Ludlow being at their housie, ' and speakeiug aboute the execution of Knapps wife, (he being free in his speech,) was telling seuerall passages of her, and to the best of her remembranc said that Knapps wife came downe from the ladder to speake w'h him, and told him that goodwife Staplyes was a witch, and that M'. Daueport replyed some- thing on behalfe of goodwife Staplies, but the words she remembers not; and something M^. Ludlow spake, as some did or might ouerheare what she said to him, or words to that effect, and that she tumbled the dead body of Knapps wife vp & downe and spake words to this purpose, that if these be the markes of a witch she was one, or had such markes ; and con- cerning any promise of secrecy she remembers not. !&}. Dauenport and M^'^. Dauenport afiBrmed vpon oath, that the testimonies before written, as they properly belong to each, is the truth, according to their best knowledg & memory. M"^. Dauenport desired that in takeing his oath to be thus vnderstood, that as he takes his oath to giue satisfaction to the court and M'. Ludlowes atturney, in the matters attested be- twixt M' Ludlow & Thomas Staplies, so he lymits his oath onely to that pt and not to y^ preface or conclusion, they being no pt of the attestation and so his oath not required in them. To the latter pt of the declaration, the plant' pduced y^ proofs following, Goodwif Sherwood of Fairfeild affirmeth vpon oath, that ' vpon some debate betwixt M^ Ludlow and goodwife Staplies, she heard M' Ludlow charge goodwif Staplies w*h a tract of 80 EEOOBDS OP THE [1664 lying, and that in discourse she had heard him so charge her seuerall times. ■ John Tompson of Fairfeild testifyeth vpon oath, that in dis- course he hath heard M^. Ludlow express himselfe more then once that goodwife Staplies went on in a tract of lying, and when goodwife Staplyes hath desired M'. Ludlow to convince her of telling one lye, he said she need not say so, for she went on in a tract oif lying. Goodwife Gould of Pairefeild testifyeth vpon oath, that in a debate in y^ church w'h M^. Ludlow, goodwife Staplyes [53] desired him to show her wherein she || had told one lye, but M'. Ludlow said she need not mention pticulars, for she had gon on in a tract of lying. Ensigne Bryan was told, he sees how the plantife hath proued his charge, to w<=h he might now answer ; wherevpon he presented seuerall testimonies in wrighting rpon oath, taken before M^. Wells and M^. Ludlow. The plant' objected that the wrighting presented was not that w^h was written from the witnesses by M"". Ludlow himselfe, W'h he thought was not so faire pceeding as if another who was not interessed had writt them, but these are copies, yet not attested by the hand of any publiqiie oEficer to be true copies, yet the court caused y™ to be read that they might make such Tse of them as they should se cause, Wh testimonies are as followeth, May the thirteenth, 1654. - Hester Ward, wife of Andrew Ward, being sworne de- poseth, that aboute a day after that goodwife Knapp was con- demned for a witch, she goeing to y« prison house where the said Knapp was kept, she, ye said Knapp, voluntarily, w'hout any occasion giuen her, said that goodwife Staplyes told her, the said Knapp, that an Indian brought vnto her, the said Staplyes, two litle things brighter then the light of the day, and told the said goodwife Staplyes they were Indian gods, as the Indian called y™ ; and the Indian w'hall told her, the said Staplyes, if she would keepe them, she should be so big rich, all one god, and that the said Staplyes told the said Knapp, she gaue them again to the said Indian, but she could not tell whether she did so or no. 1654] JURISDICTION OP NEW HAVEN. gl Luce Pell, the wife of Thomas Pell, being sworne deposeth as foUoweth, that aboute a day after goodwife Knapp was con- demned for a witch, M"s. Jones earnestly intreated her to goe to y3 said Knapp, who had sent for her, and then this deponent called the said Hester Ward, and they went together ; then the said Knapp volnntarily, of her owne accord, spake as the said Hester Ward hath testifyed, word by word; and the said M'is. Pell farther saith, that she being one of ye women that was required by the court to search the said Knapp before she was condemned, & then M"^ Jones presed her, the said Knapp, to confess whether ther were any other that were witches, because goodwife goodwife Basset, when she was condemned,* said there was another witch in Fairefeild that held her head full high, and then the said goodwife Knapp stepped a litle aside, and told her, this deponent, goodwife Basset ment not her ; she asked her whom she ment, and she named goodwife Staplyes, and then vttered the same speeches as formerly con- cerniag y^ Indian gods, and that goodwife Staplyes her sister Martha told the said goodwife Knapp, that her sister Staplyes stood by her, by the fire in there house, and she called to her, sister, sister, and she would not answer, but she, the said Martha, strucke at her and then she went away, and y next day she asked her sister, and she said she was not there ; and M"s. Ward doth also testify w'h M"e. Pell, that the said Knapp said the same to her; and the said M". Pell saith, that aboute two dayes after the search afforesaid, she went to j" said Knapp in prison house, and the said Knapp said to her, I told you a thing the other day, and goodman StapHes had bine w*h her and threatened her, that she had told some thing of his wife that would bring his wiues name in question, and this deponent she told no body of it but her husband, & she was much moued at it. Elizabeth Brewster being sworne, deposeth and saith, that • after goodwife Knap was executed, as soone as she was cut downe, she, the said Knapp, being caried to the graue side, goodwife Staplyes w'h some other women went to search the said. Knapp, coneerning findeing out teats, and goodwife Sta- plyes handled her verey much, and called to goodwife Lock- wood, and said, these were no witches teates, but such as she herselfe had, and other women might haue the same, wringing her hands and takeing y^ Lords name in her mouth, and said, * Eeferenoe is made a little further on, to the confession made by " th? witch at the other town." We find in the records of Connecticut, under date of May, 1651, that ^governor Haynes, Mr. Cullick and Mr. Clarke were desired to go down to Stratford, to keep court upon the trial of goody Bassett for her life. 11 82 EEOORDS 01? THE [1654 will yoTi say these were witches teates, they were not, and called vpon goodwife Lockwood to come & see them; then this deponent desired goodwife Odell to come & see, for she had bine vpon her oath when she found the teates, and she, this depont, desired the said Odill to come and clere it to good- [54] wife Staplies; || goodwife Odill would not come; then the said Staplies still called vpon goodwife Lockwood to come, will you say these are witches teates, I, sayes the said Staplies, haue such myselfe, and so haue you if you search ycselfe ; goodwife Lockwood replyed, if I had such, she would be hanged ; would you, sayes Staplies, yes, saith Lockwood, and deserve it ; and the said Staplies handeled the said teates very much, and pulled them w'h her fingers, and then goodwife Odill came neere, and she, the said Staplies, stiU questioning, the said Odill told her no honest women had such, and then all the women rebuking her and said they were witches teates, then the said Staplies yeilded it. Mary Brewster being sworn & deposed, saith as foUoweth, that she was present after the execution of y« said Knapp, and she being brought to the graue side, she saw goodwife Staplyes pull the teates that were found aboute goodwife KJaapp, and was verey earnest to know whether those were witches teates w'^h were found aboute her, the said Knapp, w" the women searched her, and the said Staplyes pulled them as though she would haue pulled them of, and pi'sently she, this depon*, went away, as hauing no desire to looke vpon them. Susan Lockwood, wife of Eobert Lockwood, being sworne & examined saith as foil, that she :w"as at the execution of goodwife Knapp that was hanged for a witch, and after the said Knapp was cut downe and brought to the graue, goodwife Staplyes, w'h other women, looked after the teates that, the women spake of appointed by the magistrats, and the said ■ goodwife Staplies was handling of her where the teates were, and the said Staplies stood vp and called three or foure times and bid me come looke of them, & asked her whether she would say they were teates, and she made this answer, no matter whether there were teates or no, she had teates and confessed she was a witch, that was sufficient; if these be teates, here are no more teates then I myselfe haue, or any other women, or you either if you would search yc body ; this depont saith she said, I know not what you haue, but for her- selfe, if any finde any such things aboute me, I deserved to be hanged as she was, and yet afterward she, the said Staplyes, stooped downe againe and handled her, ye said Knapp, verey much, aboute y^ place where the teates were, and seuerall of JTTEISDICTION OP NEW HAVEN. 83 ye -women eryed her downe, and said they were teates, and then she, the said Staplyes, yeilded, & said verey like they might be teates. Thomas Shernington & Christopher Combstocke & goodwife Baldwine were all together at the prison house where good- wife Knapp was, and y^ said goodwife Baldwin asked her whether she, the said Knapp, knew of any other, and she said there were some, or one, that had receiued Indian gods that were very bright ; the said Baldwin asked her how she could tell, if she were not a witch herselfe, and she said the party told her so, and her husband was witnes to it; and to this they were all sworne & doe depose. Rebecka Hull, wife of Cornelius Hull, being sworne & ex- amined, deposeth & saith as followeth, that when goodwife Klnapp was goeing to execution, M^ Ludlow, and her father M'. Jones, pressing the said Knapp to confess that she was a witch, vpon w^h goodwife Staplies said, why should she, the said Knapp, confess that w<=h she was not, and after she, the said goodwife Staplyes, had said so, on that stood by, why should she say so, she the said Staplyes replyed, she made no doubt if she the said Knapp were one, she would confess it. Deborah Lockwood, of the age of 17 or thereaboute, sworne & examined, saith as followeth, that she being present when goodwife Knapp was goeing to execution, betweene Tryes & the mill, she heard goodwife Staplyes say to goodwife Gould, [55] she was pswaded H goodwife Knapp was no witch ; good- wife Gould said, sister Staplyes, she is a witch, & hath con- fessed had had familiarity w'K the Deuill. Staplies replyed, I was w'h her yesterday, or last night, and she said no such thing as she heard. Aprill 26", 1654. Bethia Brundish, of the age of sixteene or thereaboutes,' maketh oath, as they were goeing to execution of goodwife Knapp, who was condemned for a witch by the court & jury at Fairfeild, there being present herselfe & Deborah Lockwood and Sarah Cable, she heard goodwife Staplyes say, that -she thought the said goodwife Knapp was no witch, and goodwife Gould presently reproued her for it. Witnes Jurat' die & anno p'dicto, Andrew Warde, Coram me, Eo Ludlowe. The plant' replyed that he had seuerall other witnesses w^h he thought would cleere the matters in question, if the court please to heare them, Wh being granted, he first presented a 84 " EECOEDS OP THE [1654 testimony of goodwife Whitlocke of Fairfeild, vpon oath taken before M'. Fowler at Millford, the 27"i of May, 1664, wherein she saith, that concerning goodwife Staplyes speeches at at the execution of goodwife Knapp, she bjeing present & next to goody Staplyes when they were goeing to put the dead corpes of goodwife Knapp into the graue, seuerall women were look- ing for the markes of a witch vpon the dead body, and seuerall of the women said they could finde none, & this depon* said, nor I; and she heard goodwife Staplyes say, nor I; thea came one that had searched the said witch, & shewed them the markes that were vpon her, and said what are these ; and then this depon' heard goodwife Staplyes say she never saw such in all her life, and that she was pswaded that no honest woman had such, things as those were ; and the dead corps being then p'sently put into the graue, goodwife Staplyes & myselfe came imediately away together vnto the towne, from the place of execution. Goodwife Barlow of Pairfeild before the court did now tes- tify vpon oath, that when Knapps wife was hanged and ready to be buried, she desired to see the markes of a witch and spake to one of her neighbours to goe w'h her, and they looked but found them not; then goodwife Staplyes came to them, and one or two more, goodwife Stapleyes kneeled downe by them, and they all looked but found y"* not, of March, 1664, and by them testifyed vpon oath to be a true apprisment, at a court held at New- hauen the 2'! of May, 1664. The last will and testam' of John Basset, late of Newhauen 1654] JURISDICTION OP NEW HAVEN. 91 .d-eceased, was presented to the court, made the 17"' of Feb- ruary, 1652, coufirmed by his owne hand, and witn^essed by Richard Miles & John Harriman vpon oath, at a court held at Newhauen 1^^ Nouem & 3 of Febr. 1652, and by them testifyed vpon oath to be a true aprism*, at a court held at Newhauen, j" first of Nouem. & 3^ January, 1653. The last will & testam' of Hen: Pecke, late of Newhauen deceased, was p^sented to the court, made the 30"i of October, 1651, witnessed by William Pecke, Jn" Moss, and Sam : Whit- head vpon their oath, at a court held at Newhauen, the 2^ of May, 1654. Also an inventory of the estate of ye said Hen : Peck, amount' to 56i: 2=: 8^, prised the 30'h of Nouem., 1651, by Sam: Whithead and Rogger Allen, & by them testifyed vpon oath to be a true aprism*, at a court at Newhauen, the 2^ of May, 1654. The last wiU and testam* of Capt. Wood was presented, written by M. Goodyear and proued to be his minde & will by y^oath of Capt. SeamC Jacobson & John Harriman. Also an inventory of y^ estate of y« said Capt. Wood, amount to 25 : 09^ : 09^, prised by Mathew Gilbert, Jn" Nash & Jn° Harriman, and by them testifyed vpon oath to be a true apprism*, at Newhaven the 10"> of Septern., 1652, before y^ gouerno"'. [60] At a Coubt op Election held, at Newhauen for ye Jurisdiction Mat 31">, 1654. Theophilus Eaton, Esq"*, chosen Gouerno^ Mf. Stephen Goodyeare, chosen Dept' Gouerno''. Francis Newman, chosen Magistrat | ^^^ Newhauen. M'. Samuell Baton, chosen Magistrate ) Capt. Astwood, ) jia^gtrats for MiUford. Mr. Benja: Fenn, ) ' M'. Leete, Magistrate for Guilford. 92 EEOOEDS OP THE [1654 For Comissionrs,the Court of Election lefte it to the Gen'U Court to chuse them, but not to act but vpon y« terms the Gen"^!! Court sees cause. M' Atwater chosen Treasurer. Francis Newman, chosen Secretary. Thomas Kimberly, chosen Marshall. At a Gbnerall Court held at Nbwhauen for the Juris- diction, THE 31t*i of May, 1664. Present. Magistrats. Theophilus Eaton, Esqf, Gouernof. M' Stephen Goodyeare, Dept. Gouerno^ Francis Newman, Magistrate for Newhauen. M' Benja: Fenn, Magistrat for Millford. M' William Leete^ Magistrat for Guilford. Deputies. M'. William Gibbard, Henry Lindon, Robert Treate, Thomas Welch, '•'*..' M' Chittendine, „ .,. , M' Jordan, ^'''^^'''^- Richard Law, _, „ _ FrancisBeU, Stamford. Barnabas Horton, „ , „ JohnPeaMn, ^^^^^^^l^" M' Crane, ^^ ^^^ ^^ Lawranc Ward, The deputies hauing p''sented their cirtifycates, the court poeeded, and first Capt. Nathaniel Silvester hauing bine ques- tioned in ye court of magistrats (by reason of an action he entred against John Scott, wherein Jn" Youngs, Jun^, of Southhold was included,) for sundrie miscariages, and pticu-. 1654] JUEISDICTION OP NEW HAVEN. 93 larly some towards this jurisdiction, as, that he should say it was a tyranicall gouerm', as was testified by M^ Joseph Youngs and Roger Cheston of Southhold, beside other offensive carriage concerning the Saboth, & ordinances, Ac, at w'=h court he also shewed much passion and hight of spirit, to the courts great dissatisfaction, w'^h thfey manifested toward him. The gouerno"" now informed the court that Capt. Silvester had [61] bine w^h him and professed he saw || his jniscariages towards the jurisdiction and the court, and desired hee might haue opptunity to giue the court satisfaction, w<=h being granted he said, there is testimony giuen in that he should say this gouerm' is a tyranicall gouerm', W'h he cannot deny, for he did speake some words to that purpose and is heartyly sorey for it, and craues pardon of the court, as also for the just offence he gaue at Southold in saying, (vpon supposition of an order made to keepe him out of their towne,) that if any mett him in the streets and medled w'h him he would pistoU them, and in other respects he hath caried it w'h two much bitternes of speech, w<=h he now sees the «uill of and hopes he shall wall?^ inofensiuely for time to come. After consideration, the court told Capt. Silvester that they haue considered his acknowledgm', and are willing to take satisfaction, hopeing he sees his euill and that by Gods assist- ance he will walke so as not to giue offence .hereafter, either in pointe of the Saboth, or towards the jurisdiction, or South- old in pticular, and in that frame they intend to walke towards him, and though they might require a wrighting for securitie hereof, yet they shall rest vpon his word and pmise, w'h he now made, to ingage himselfe to an inoffensive carKage here- after. John Youngs, jun., of Southold appeared before the court, against whome sundrie complaints from Southold haue bine made of great miscariages, tending to disturbe the peace of y« jurisdiction and ouerthrow the foundations of gouerm' here laid and to raise an open rebellion against this colony, of wh he had before now bine informed and was now againe reminded of, but the court vnderstanding by letters from Southhold that though there haue bine sundrie differrenoes and contentions 94 EECOEDS OF THE [1654 among them, to issue W^h they intended to haue come to this court, but now tliey haue agreed among themselues and desired that all may be buried in y« lake of oblivion, and the court not being willing to stirr vp or disturbe mens spirits, if tliey might haue any good ground of hope that they would cary it peace- ably for the future, did alow of what they had don. And concerning John Youngs, he did now acknowledg that he hath miscaryed many wayes, speaking rash and foolish words and such as haue tended to sedition, was vnsatisfyed that he had not his vote in chusing millitary officers, and that such he would not follow as he did not chuse, he is sorey he hath giuen such just offence and hopes he shall take warning and walke to better satisfaction hereafter; so that vpon the desire of Southold, his owne acknowledgm* now made and pmise of amendm', the court past by and remitted his offence w'hout fine or punishment, but did order that he shall giue bond to the jurisdiction to the valew of one hundered pound sterling, that he will hereafter attend his oath of fidel- litie taken to y« jurisdiction and maintayne the lawes here established, and not disturbe the peace of the saJftie or any plantation therein ; w'^h bond was giuen and he dismissed. Robert Basset hauing bine questioned at two former courts for diuers miscariages proued agahist him and confessed by him, was now called befor the court, and told that the court expects from him an acknowledgm* of his miscariages and of his purpose and resolution by Gods help to walke in a better manner hereafter. Robert Basset said, concerning that letter he receiued w'hout a name subscribed, he did not doe as he ought in so weighty a buisnes, not considering of it nor seeing that in it Wh he since sees, but something being in it w<=h suited his present affection against the Duch and his corrupt oppinion concerning the votes, whereby his eyes were then blinded, he is heartily sorey for it, and if God had not stopped him, for ought he knowes, it might haue wrought great disturbance ; and for his disturbing the peace of the colony and opposing [62] the wayes || of gouerm*, hee sees his euill in it in some measure, and hopes he shall see it more, for he is convinced 1654] JURISDICTION OP NEW HAVEN. 95 that the way of gouerm* here setled is according to God, w^h he hath not honnored as he ought, and had hee hono''ed God, He would haue helped him to hono^ the gouerm*, wh he did not, and is heartily sorry for it; concerning the vncomfortable words in the towne meetings at Stamford, wh haue tended much to disturhe the peace of that place, and much greive the hearts of Gods people, W'h doth now cause sorrow of heart in him, and he hopes that as he hath hine an instrum' of dishono' to God in that place, so he desires to be an instrumt of His hono"' there; and concerning y« letter wh he caried from Stamford, wherein he was imployed by the towne, at that time he apprehended it for the peace of y« place, but he now sees that he did not then see the bottom of it, for it did tend to dishonor the gonerm' here and preferr another gouerm' before it'; these and other his miscariages he said he was sorey for, and desires the court to be mercifuU to him, hopeing he shall be watchfull hereafter, and added that he lookes vpon this as an agravation of his sinn, that all this was against his oath of fidellitie and from the great pride of his spirit. Robert Basset was told that the court doth incline the more to be satisfied, because the haue receiued a certifycate from Stamford w<=h doth giue a good testimony of his acknowledgm' of his euill there, and of some reformation begune, and of his walking in a contrary way to his former way of disturbance, and therefore vpon their desire, and what he hath now acknowledged, w'h his promise of a better walkeing hereafter, the court doth remitt his offence, but ordered that he giue bond to the jurisdiction, to the valew of one hundered pound sterling, that hee will hereafter attend his oath of fidellitie and • the lawes of the jurisdiction, and will not at any time disturhe the peace of this colony, or of any plantation therein; w^h bond was giuen & he dismissed. The deputies of Southold p'sented to ye court a wrighting from their towne, wherein it is desired that Barnabas Horton and John Peaken, the two present deputies for Southold, may be chosen constables for that plantation ; w'=h was done, and they haue the same power coinitted to them as was giuen to the constable of Southold the SO'h May, 1649, fo: 176, and 96 RECOEDS 01" THE [1654 they now tooke oath that they would, by j^ help of God, faithfully discharg the trust comitted to them. The said constables were desired to see that those in their towne who haue not taken the oath of fidellitie doe forthw'h take it, and those w^h refuse are to be bound ouer to answer it at the court of magistrats, to be held here the third Wedens- day in October next. The said dept' also informe the court that Thorn: Benidict and some others who Hue nere Southold doe desire to joyne w'h them, w^h the court advised to, so it might be to mutuall satisfaction. My. Wells of Southold sent a petition to the court to be freed from all publique service in y« jurisdiction hereafter, w'=h y« court saw no cause to grant. . It was propounded that the dept' sent from the seuerall plantations for y generall court might be vnder oath to be faithfull in y" trust comitted to them, but because it hath not heitherto bine done, and no oath prepared in that case, it was referred to another season. Eichard Law, Francis Bell and John Holly, are chosen deputies for Stamford, who are to keepe court and cary on civill in that plantation for y^ yeare ensuing, and haue the same power coinitted to them as was giuen to the deputies of Totoket, alis Brandford, by the Gene>^ll Court, the 29*1' of May, 1651, as it is entred fo: 303 ; and Eichard Law and Fran : Bell did now take the deputies oath, and they are to administer the said oath to the other deputie at Stamford. [63] II Old M'. Swaine, M^ Crane, Samuell Swaine and Lawrance Ward, are chosen deputies for Brandford for y<= yeare ensuing, and haue the same power coinitted to them as the deputies of that plantation had giuen them May 29''', 1651, fo: 303, and M"^. Crane and Lawrance Ward did now take the deputies oath, and they were to administere the said oath to the other deputies there. It is ordered that the size of caske for packing vp of flesh for sale in this jurisdiction shall be eight and twenty gallons, and that an officer in euery plantation be appointed, who shall be vnder oath, to see that they are full gaged so much, who shall 1654] JUEISDICTION OF NEW HAVEN. 97 sett his marke vpon them, knovne to be the gagers marke, that it may appeare they haue passed his -view ; and whosoeuer shall breake this order, by packing in caske of a less size, shall forfeite ten shillings for each barell, and this order to be so published that euery buyer may know what to expect before he make or conclude the bargaine, that he haue no cause of after complainte. Vpon some question propotmded to the court concerning M'. Wells his chilldren, which were Henry Tuttills of South- old, it is ordered that what evidenc can be procured for further cleereing the chiUdrens portions, should be speedily sent to the gouerno'' at N6whaven, at furthest betwixt this and the court of magistrats to be held at Newhauen the third Wedens- day in October next, and if M^. "Wells should remoue from Southold, that so much of his estate be securied as may answer, not onely the pportions allready appointed, but also a meete some for that W^h may Tpon evidence further appeare to be due to them. John Peakin hath lycense from tliis court to sell stronge water at Southold, pvided that he attend the orders of the jurisdiction in that case, both to English & Indians. The Court being informed that by reason of Leiutennats Budds absence, Southold is left destitute of a fitt man to exer- cise the millitary company there, and that one Charles Glouer had some time done it since Leiutennant Budd went to Eng- land, but because he had not this courts alowance therein, hee would not pceede; wherefore the court now declares, (that vnderstanding he is a member of y church of Salem, and had he letters of recomendation, he might be admitted a freeman as others are,) that he doe resume that worke, & exercise the millitary company at Southold, and be helpfuU in ordering y« watches and other service of that nature, till further order from this court, pvided that he take the oath of fidellite to be faithfull of the jurisdiction, but if he refuse, as he is to be bound to answer it here at Newhauen at the court of magis- trats, so the ti-ust is still to continew in the hands of Barnabas Winds, who is a corporall to that company, till further order, and the constables are desired to assist and be helpfuU to him 13 98 EECOEDS OF THE [1654 in setting & ordering the watches, of Wh burden he much complaineth. It is ordered that in euery plantation in this jurisdiction there shall be a viewer of corne, that in case of differrence may judg whether it be well dressed and merchantable or no,, w^h man is to be chosen by each plantation, and shall bee vnder oath to judg faithfully when called to it, and is to be paide for his time spent and paines therein by him whose corne is faulty, or who vnnecessarily occasions the trouble. It is ordered that vpon the admittance of any man as a planter into any plantation in this jurisdiction, the funda- mentall lawes and orders concerning Totes, &c., shall be read to them, and if approved, the oath of fidellitie shaU be admin- istred to them, the plantation w^h is to receive them being satisfyed in other respects, by a satisfying cirtifycate from sufficient credible psons, of their good behawaviour & con- versation. The Gouerno' informed the court that M'. Leueridg had bine w'h him and propounded to know whether their planta- tion at Oyster Bay might not joyne and be admitted a member [64] of this colony; he also ppounded || some objections, aboute a pattent, aboute publique charges in this jurisdiction aboue others, w*h some thing aboute keepeing courts at their owne plantation, all w'^h was answered so as he objected no further, but desired to know if vpon further speech w'h their towne they desire to be receiued, whether it might be done w%out y« generall courts meeting againe. The court consid- ered of what was propounded, and declared, that if, vpon their full vnderstanding the fimdamentall lawes and orders for gouerm' here established, they shall desire to joyne, and that they doe vpon their admittance take the oath of fidellitie as before ordered, and in a wrighting subscribed by them solemly ingage themselues to a full observanc thereof, they may be receiued as a member of this jurisdiction. An old debt of six & twenty shillings oweing by Jn° Chap- man to the jurisdiction for pte of a fine was now remitted. An old debt of foure pound seuen shillings due from South- old, (w<=h, by reason of the death of some, and the remouall 1654] JITEISDICTION OP NEW HAVEN. 99 of others out of the towne, they cannot finde out the pticular psons from whom it is due,) was now remitted. It is ordered that if any man refuse to prise the goods of y« deceased and inventory the same and attest the said apprizm* vpon oath according to order, when by the court or authority in ye place they are called to it, shall forfeite hue shillings for each time they so refuse, the estate so prised makeing them a just alowance for their time and paines therein. Vpon a petition from William Boarman, and vpon the desire of Francis Bell, one of the deputies for Stamford, on behalfe of Samuell Barret, the court tooke of that restrainte W^h lay ■vpon them forbiding them to goe out of this jurisdiction, and also repealed that part of the order concerning their wearing a halter. The Court was informed that Millford haue chosen Eobert Treate leiutennant for their towne, and desire he may be con- firmed by this court, w<>h was now done, and he is alowed as the cheife millitary ofl&cer there for the present, to order y« miUitary affaires of that towne. It is ordered that some writings concerning some land in question betwixt Stamford and Norwalke should be recorded in y« jurisdiction records. It is ordered that the gouernor shall haue fifty pounds, alowed him for this yeare ensuing^ paid him out of the juris- diction treasury as formerly. Vpon makeing vp ace" w'h M"'. Goodyeare, it appeared that M'. Goodyeare was in the jurisdictions debt aboute thirty fiue pounds, w^h vpon consideratios W'h satisfyed them the court gaue to him. Some question being moued whether the gouernors rates should not bee brought in, in the bills of rateing for New- hauen, W'h after some debate was thus issued, that the court generally declared themselues willing at present to forbeare it. 100 EECOEDS OP THE [1654 [66] At a Generall Coubt held Newhauen fob the Jurisdiction, the 9"^ op June, 1654. Pbesent. Magistrals. TheophUus Baton, Esq', GouernC. M^ Stephen Goodyeare, Dept' Gou'. Francis Newman, ) „ -kt ^ ■nir, a n -CI j. i ^OT Newhauen. M' Samuell Baton, J M' Benjamin Fenn, for Millford. M' William Leete, for Guilford. Deputies. M'. "William Gibbard, Henry Lindon. Kobert Treate, Thomas Welch. Mr. Chittendine, M' Jordan. Barnabas Horton, John Peakin. M' Crane, Lawranc Ward. The Gouernor acquainted the court that he had the day before received some letters, Wh did occasion this meeting, as one from his Highnes, Oliuer, Lord Protector of Bngland, Scotland and Ireland, informing of shipps and amunitio sent to assiste the colonies against the Duch, and also a letter from Major Sedgwick and Capt. Leuerit, who are intrusted by the Lord Protector in that service, (both w^h were read to the court,) wherein they desire one or two may be sent from this colony to treate and consult w'h them aboute this waighty affaire, and in both the letters is expressed that they desire expedition may be attended ; therefore it is now the courts worke to agree how many they will send, and who the psons are. The court readily exprest their willingnes to joyne in this designe, and afford what help they could, to the vtmost of 1654] JURISDICTION OP NEW HAVEN. 101 their abillitie, and chose and appointed M'. William Leete and M' Thomas Jordan, to goe to Boston to treate and consult ■w'h them, to whom they gaue cofnissioh & instructions as foUoweth. The Comission of M^. William Leete, Magistrat, and of M"". Thomas Jordan, one of the Deputies, now sent from the Generall Court for the Jurisdiction of Newhauen, as Agents, You are w'h all convenient speede to trauell to Boston in ye Massachusts, and there to treate w'h Major Sedgwick and Oapt. John Leueret, appointed and betrusted by his Highnes, Oliuer, Lord Protector of England, Scotland and Ireland, and w'h such others as shall be deputed for the treaty from the other three jurisdictions, or any of them, in a service both for the Coinon wealth of England, and for these colonies, accord- ing to such comission and instructions as they haue receiued, and shall pduce and shew from the State of England, wherein though they yet know not how the affaire shall be mannaged, nor what may be required or expected from them, yet they are ready, according to their abillitie and meanes, to afford their best assistance, both in men and pvissions. The pticu- lars they referr to yo' consideration and judgment. In witnes whereof I subscribe, this 9''' of June, 1654. Francis Newman, Secret, and by order of y« Gen: Court. Instructions for M'. William Leete and M^ Thomas Jordan, sent as Agents for this Jurisdiction to treate, &c., as their ' Comission bearing date with these presents will more fully shew. The Coinission''s for the three other colonies did in Septem- ber last, -vpon their best considerations, declare, that the Massachusts colony in denying to act (as was expresly in the articles) according to the determination of seuen of y^ comission's, (though they neither charged nor objected any vnrighteousnes in their conclusions,) had actually broken [66] their couenant of confederation, and || though in Nouem- ber last these two colonies answered the letter and queries sent from the Gen. Court of the Massachusts, the haue not to this day receiued any returne ; yet vpon a letter and directions receiued from his Highnes, Oliuer, Lord Protector of England, 102 RBCOEBS OF THE [1654 Scotland & Ireland, they send you as their agents to treate w'h Major Sedgwicke, Oapt. Jn° Lenerit, & w'h such others as shall be deputed for the said treaty from the other three colonies, or any of them. 1. If vpon sight of the comission and instructions from the authority of England, the foure colonies concurr to afford assistance in the seruice ppounded, this colony will readily joyne. If the Massachusets vpon any consideration refuse or delay, (w<=h wee hope they will not,) yet wee shall readily joyne w'h the other two colonies, or w*h Connecticott, yea this jurisdict' alone, (if others differr in judgm',) would improue the vtmost of their ahillity to manifest their due submission to the authority of England, and readines in a service wherein all New-England, at least these western colo- nies, are so much concerned. 2. Considering that a litle delay may much increase the difficulty of the worke, if it doe not vtterly ouerthrow it, you will by no meanes admitt any long consultation or dispute, but vse all possible expedition, according to the Lord Protectors order, w^h (through the blessing of God,) may much further the success ; and when you haue considered & agreed, what numbers of men, and what quantity of pvissions of all sorts each colony is to furnish, you will, by some trusty and speedy messenger, giue timely informatiou, that preparations may be here made accordingly. 8. For the shipping sent from England, or vessells belong- ing to any of these parts, it may fall vnder consideration, whether if part bee sent w'hout the Island, & part come w'hin, the service against the enemie and y securitie of these planta- tions may not bee best carryed on and provided for. By order of the GeneraU Court, the Q'^ of June, 1654. ^ Francis Newman, Secret. And the better to furnish them for this jurny, they borrowed of widdow Wigglesworth fine pounds in siluer, w^h the court promised should bee repaide w^hin three monethes, in the same kinde or in other paye to her satisfaction, so as neither she nor her chilldren should suffer by it. 1654] JURISDICTION OP NEW HAVEN. 103 It is ordered that all sorts of provision in this jurisdictioa be stopped, and none to be sent forth of the same, by lycense or otherwise, vnless it be from one plantation in this jurisdic- tion to another, and then dne care to be taken, by those in authority in that plantation from whenc it goes, that it may not be turned another way, w«h is to stand in force tUl further order be giuen. An order made by the gen. court in May, 1663, concerning the keeping of twelue horses ia ye fine plantations vpon the maine in this jurisdiction, for publique service, is now ordered to be forthwth put in execution, and an addition of halfe so many more to be pvided and kept in each plantation. That is to say, six at Newhauen, and three apeece at the other foure townes ; and Southold, whose deputies were then absent, but now present, is ordered to keepe two horses constantly in a readines in their t'owne for publique service, w^h horses, as they are intended for the more quick dispatch of messengers from place to place, and other publique service, so also that they be trayned vp in a millitary way, that they may be fitt to doe service in that kinde also, if there be occasion ; and though these horses at some time may, w*h leaue from the authority in ye place, be vsed by the owners for some short jurnies, yet care must be taken that at least halfe of them be left at home readie for the publique service if called to it. [67] II It is ordered that while these times of danger last, and till further order bee giuen, the millitary company in each plantation in this jurisdiction shall trayne once a weeke, vpon such day as they shall jud^most convenient for them, begin- ing at two aclocke in the afternoone, and so continewing a convenient season in that exercise, for the better fitting men to vse their armes when called to it, and that others may see wee are not secure in these times of trouble ; and that also a diUigent view of armes be forthwith made and a constant observation taken, that at no time men may be vnfitted or vlafarnished of what is necessary for their defence, and that euery plantation see that their watches bee duely attended, and the ward on the Lords dayes and other times of publique meetings. 104 BECOEDS OP THE [1654 The last Gen: Court a comittee was chosen, who in the ooTirts absence might act in pnblique buisnes in case things did suddenly present, but now that order is repealed, and the authority in euery plantation is to act, in case of necessitie when danger is discouered, so as they shall judg best for the publique safety, makeing things knowne to the gouernor w'h all speed, if y« case require it, that so the generall court (if hee sees cause) may bee called to consider & provide for the good of ttie whole. It is ordered that the shooemakers in Newhauen shall be forthw'h desired, or if they refuse, pressed, to make three or foure dosson of good plaine strong shooes of the 10 : 11 & 12, such as may be fitt for souldiours, if they should be called to goe forth. The Court considered the occasion the jurisdiction is like to haue for laying out of sundrie charges in these times, and that at present there is not wherew'hall in stocke to paye what is oweing, did see cause to order that a rate of two hundered pounds be levyed from the seuerall plantations in this juris- dic^on, in due and equaU pportions, w"=h (because of the p'sent occasion) is to be paide in to the treasurer at New- hauen, betwixt this and the 10"» of July next, in such paye, and at such prizes, and vnder the same penalty, as was ordered in leuying a two hundered pound rate the 29"" of June, 1653. The seuerall pportions are as foUoweth, Prom Newhayen, 801: 15^: : 10^1 Prom Millford, 41: 16: 00. Prom Guilford, 27: 16: 00. Prom Stamford, 18: 10: 10. Prom Southold, 16: 03: 09. Prom Brainford, 14: 17: 07. Some is = 200: 00: 00. [68] II Seuerall wrightings recorded concerning lands in question betwixt Stamford & Norwalk, w'=h vpon y* desire of Stamford is ordered to be recorded. This may certify that Pyamikee, Sagamore, did vpon the 24"' of March in ye yeare 1645, make a deed of gift of all the 1664] JURISDICTION OP NEW HAVEN. 105 land from that wh is comonly called the pine brooke by the English, and that w=h is called Sue mile river, or Roawayton, where their planting land doth come very ueere vnto the said land, was by a deed of gift made ouer vnto Andrew Ward and Richard Law, w'=h they did receive for the towne of Stamford, and at the same time did giue vnto the said Sagamore one coate, in the presence of George Slawson, and after that three more, w'h some quantity of tobaco, and y« said Sagamore did confirme the same by setting his hand to a wrighting then made. The said Sagamore vpon the gift did except against setting houses, because the English hoggs would be ready to spoyle their corne, and that the catteU, in case they came ouer the said fine mile riuer, would spoyle their corne ; to w<=h it was granted that to inhabit wee did not intend, and for our cattell wee intended they should haue a keeper, and in case any hurt was done they should haue satisfaction. That this land as aforesaid was by .the said Pyamikee, in the p'sence of other foure or fiue Indians, resigned for euer to y^ English, in witnes whereof wee haue set to our hands. Stanford, l"i moneth 4"i, 1652. Andrew Warde, Richard Law. George Slawson in this testimony.aSirmeth, that vpon con- sideration of the land given and resigned to the English at Stamford, as is expressed, they gaue a coate to Pyamikee, w^h he received and set his hand to the wrightiiig to confirme the same in his presence. George Slawson. This testimony, w'h what is next aboue written, was given in vpon oath by Rich: Law and Geo: Slawson, at Newhauen, the 31th of May, 1654, before me. Theoph: Eaton. Stamford, ) The testimony of goodman Ambler vpon May 26">, 1654 ) oath, he affirmeth that he being at worke for Mf. Stanton, and M^ Lords hoggs hauing done hurt in y^ Indians corne, the Indians complained of it. M^. Stanton sent for the Indian Sagamore to come to speake w'h htm, and the Indian that is called Pyamikee came, and the same Indian was allwayes owned by the Indians to be the Sagamo"^ of Rounkanheige since wee came to Stamford. Richard Law. This witnesseth that it was aboute the yeare 1647, or before, when M^ Stan tons hoggs was at Stamford. "Witnes Francis Bell, & Richard Law. 14 106 EECOBDS OP THE [1654 Stamford, ) The deposition of William Newman, of May 27'h, 1654, ] Stamford, The said depon' vpon oath testifyeth, that an Indian profer- ring of sale of laiid to goodman Law, as goodman Law reported to the towne, the towne therevpon sent goodman Slawson and him to Pyamikee, the Sagamore of the said land, (as an Indian reported.) "When to Piamikee then they came, he sent an Indian w*h us to show vs the land ; when wee saw it lying by Norwalke riuer wee returned home againe and went not to PiamikQe againe aboute the same ; . the towne hearing from vs how the land laye would not buy it because it would prejudice Norwalke. George Slawson vpon oath testifyed what is written aboue, May the SI"", 1654, in ye presence of Theophilus Eaton. [69] Stamford, 3 M": 27, 1664. The testimony of Jeremiah Jaggar vpon oath, he saith he being at M'. Wards house, there was 4 or 5 Indians w'h M' Ward and goodman Law, and hee heard an Indian (Piamikee) say, he would giue a pcell of land to Richard Law and M . Ward, & the land lay betweene pine brooke and fine mile brooke, and the Indians that were there did say that Piamikee was now the sagamore of Ronkenhegue, and that the said Piamikee said he came w'h the consent of all the sagamors that were betweene vs and Sagatuck, and he did now resigne Tp all the land from pine brooke to fine mile brooke for ours, onely the Indians would not haue the English build houses there, because the cattell and hoggs would spoyle their corne. The English did grant that they would not, and that the saga- more did receiue a coate w'h some tobaco at the same time, and the sagamore said he would not sell the land, but giue it, and desired nothing but to buy a coate a litle cheaper then ordinary. All the Indians said, that all that they desired was if wee would be frends to them, for the Indians to y« westward came vpon them and tooke away their squaes & chilldren, and that the Indians intreated the English advice what to doe in redeeming of their women againe, and that the Indians would doe nothing w'hout the advice of the English. This testifyed before me, Richard Law. Another there is, but some of it was tome of, but so much as is leigable is as foUoweth, damag done in ye Indians corne w'h oxen, as much as was judged thirty bushells. Francis Bell and Richard Law make an agreem' w'h the' Indians for twelue bushell & a halfe of Indian corne, and two bushell & halfe of pease, 1654] JURISDICTION OP NEW HAVEN. 107 ■wee deliuered the corne, and the pease were all satisfyed, witnes my hand, the marke of the sachem Piamikee, now called Resolute. Resolute, his ) marke. That the satisfaction w'hin expressed was giuen to Piamikee for damage in corne and by him receiued as was formerly agreed, was vpon oath testifyed by Richard Law and Francis Bell, the Bl^^ of May, 1654, and that the marke w'hin was made by Piamikee at the same time, was testifyed vpon oath by Richard Law. Before me, Theophilus Eaton. [70] At a Generall Court held at Newhauen for the Jurisdiction, the 23th op June, 1664. Present. Magistrats. Theophilus Baton, Bsq^ Gouernor. Mf. Step>- Francis Newman, Mr. Samuel Baton, < ^^^ Newhauen. M' Benja: Fenn, for Milford. Deputies. Mr. Gibbard, ) ,t- „ „ T. -, JJNew Haven. Henry Lmdon, ) Robert Treate, | Gilford. Thomas Welch, ) Mr. Ohittendine, Guilford. f ^'T\ I Brandford. Law: Ward. ) The Gouernor acquainted the court w'h some letters he had receivd from Mr. Leete, from Boston, informing that the designe against y« Duch is like to goe on,* and that they haue * Major Robert Sedgwick and Capt. John Leverett, commissioners from Cromwell to the four colonies, for the purpose of uniting them in hostile demonstrations against the " Dutch on Hudsons River and at the Manhatoes,' ' met the commissioners from the colonies of Connecticut and New Haven, at Charles Town, June seventeenth, 1654. 108 BECOBDS OP THE [1654 agreed vpon numbers of men, wh. is at least 800, (if more come in, it will be acceptable,) W=h is 300 volunteers from ye Massachusts, 200 from y" shipps, 200 from Oonnecticote and 133 from this colony, wh the court must now agree to raise in equall pportions ; which was done as foil, — from Newhauen 50, from Milford 21, from Guilford 17, from Stamford 20, from Southold 14, from Brandford,* Newhaven and Millford hauing one or two less in pportion then the rest, because of seamen that are to goe from thence, wh if not pvided for will put them aboue their proportion. Of W'h 133, these officers were chosen, Leiutennant Seely, captaine; Leiutennant Nash, leiutennant; Richard Baldwin, of Milford, ensigne; Serjant Munson, Serjant Whithead, Serja: Tibballs of Milford, & Serja: Bartlet of G-uilford, serjants ; Robert Basset cheife drumer, & Anthony Elcot to be vnder him; M"". Augar & Jn» Brocket surgions ; and M"^. Peircon is chosen and appointed lo goe along w'h this company as their minister, for their incouragm', spirituall instruction and comfort; and the cor- Massachusetts and Plymouth had likewise been notified, but the former had only granted leave to raise within their jurisdiction to the number of 500 volunteers, pro vided the persons were free from legal engagements. Plymouth had sent two agents who signified her willingness to fall in with the design, but hot having been duly empowered to enter into a special treaty they had returned home for the requisite ' instructions and authority." Under these circumstances, the two commissioners for Cromwell, Major John Mason and Capt. John CuUick for Connecticut, with Mr. Leete and Mr. Jordan for New Haven, " considering the necessity of expedition in that undertaking, did agree to sit as a council and proceeded to treaty." They found on enquiry that not more than 800 men could be relied on from Mass., and considering that as yet it was uncertain how many Plymouth would siipply, the, commissioners for Connecticut and New Haven agreed with the rest to undertake the work with such force by sea and land as were in view, if no more could be procured; hoping that (although the number should not rise to such a full or competent fitness for such an expedition as were to be desired, yet) we may rest upon the Lord for the blessing of success, when as he no w calls to the work andjdoth deny further means of help. On the 20th of June, the commissioners who were still in session, at Boston, received intelligence that a competent force was in readiness, and on the same day was brought to them a printed proclamation announcing that peace had been concluded between England and the United Provinces on the 5th of April. On this the commissioners agreed and declared, that as they began and have proceeded in compliance with their native country and in obedience to his highness' letters and commendation, so in like observance and compliance with the same authority they desist. Thurloe, St. P. ii. 419. Eec. of Mass. and Conn. * The number of men to be furnished by Branford, eleven, to make up the 133, appears to have been inadvertently omitted on the record. 1654] JURISDICTION OP NEW HAVEN. 109 poralls are Oorporall Boykine, John Ooopr, Henry Botsford of Millford, and Thomas Steuens of Guilford, but this last is onely for this present service, and that he pceede no higher iii any other office, because he is not a free-man, and that the cheife millitary officer be acquainted w'h it. The Court considering the great weight of this buisnes, and that all good success depends vpon Gods blessing, did there- fore order, that the 4"i day of the next weeke shall be set apart by all the plantations in this jurisdiction, to seeke God in an extraordinary way, in fasting & praire for a blessing vpon the enterprise abroade, and for the safety of the planta- tions at home. The Court considered of what provissions were necessary to send forth w^h these men for a moneth, and agreed vpon 6 tunn of beare, 6 thousand of biskit, 9 bar: of porke, 6 bar: of beefe, 4 hogsheads of pease, 3 hogsheads of flower, 6 firkins of butter, 5 hundered of cheese, 3 ancors of liqours ; trayes, dishes or kans, pailes, kettles, and that euery man haue a good fire lock muskit, w'h other armes suitable, a knapsacke w'h 1' of po"^ and 24 muskit buUits or 4' of pistoU shott ; & for a stock beside, in the whole two bar: of powder, 3 hunderd weight of muskit bullits & 1 C. of pistoU shott, w'h twenty spads & shouells, ten axes and ten mattockes, from each towne a pportion, onely for the present the court agreed to send but 3 tun of beare, 3 thousand of o/ biskit, 5 bar: porke, 3 bar: beefe, 2 hogsh. pease & 2 of flower, 3 fir. of butter, 3 C. of cheese, 1 ancor or two of liqours, and the full pportion of amunition as before. [71] II It is ordered that the charges of souldiors, horse or foote, whereeuer provided for, it shaU be at y^ jurisdiction charge in equall pportions. It is ordered that the magistrats and deputies at Newhauen shall bee a comittee to order matters Wh concernes this designe, but cannot now bee foreseene, as occasions present, and what the doe is to stand good as if the court did it. It is ordered, that Johnsons lyghter shall be pressed to attend the service, for transporting of men or provissions as there is occasions. 110 EBCOEDS OF THE [1664 It is ordered, that all vessells -w^h come into any harbour in this jurisdict., W^h may be fitt to attend this service, shall be made stay of for ye same, on behalfe of ye Comon wealth of England, tilLfurther order. It is ordered, that as soone as the army is past, watching and warding shall begine in an extraordinary way, as may suit w'h euery townes conveniency and safety, and then all Indians are to be restrained from comeing into any of our plantations w'hout leaue. At a Gbneeall Couet held at Newhauen foe the Jueis- DiCTioN July S'^, 1654. Peesbnt, Magistrals. Theophilus Eaton, Esq"", Gouerno''. M''. Stephen Goodyeare, Dept Gou'. Francis Newman ,,, rN „ „ . Newhauen. M' Samuell Baton, M"^. Benjat Penn, — Milford. M'. William Leete, — Guilford. Deputies. Mr. William Gibbard, ,t ■. -r, _ . , ' Newhaven. Uenry Lmdon, Eobert Treate, ) •.,.,„ -, Thomas Welch, ! ^'^^''^- Leiutent Chittendine, ) n -m^ j ,, „, T n i Guilford, M'. Tho: Jordan, ) Eich: Law, ) o, „ , Francis Bell, ) W. Crane, ) ^ „ -, xtr J [ Branford. Law: Ward, ) The Gouerno-- informed the court that there were wth him this day since dinner, two men, sent as messengers from the Dutch gouerno', to inquire of the truth of ye peace wh they 1654] JURISDICTION OP NEW HAVEN. Ill heare (by report) is concluded beetwixt England and Holland, who desired that two or three lines might be sent to certify the same, W^h the court desired y^ gouernor to doe, and ordered that a copie of y« proclamation should be sent also ; both wh were presently done, and the messengers dismissed. The Grouernor read to y« court a letter he hath lately receiued from the Massachusets generall court, in answer to y^ letter sent from this court in Nouember last, and an answer to the same was read also, approved and ordered to be sent to Connecticote, that they may subscribe if they thinke meete, and so sent by a messeng^ on purpose to Plymouth, that they may subscribe also if they approve thereof, but if they approve not, or cannot giue answer quickly, they are to be desired to seale it, and dissmiss the messenger to goe to the Massachusets and cary it to ye gouernor there, and desire the answer of their generall court or councill ; but if it cannot be obtayned w*hout much delay, then to returne w'h such answer as they can gitt. And if vpon the pvsuall of this letter, Connecticote generall court agree not, but refuse or alter from it, then it is left to the magistrats & the two deputies at Newhaven to consider what answer to send. W<=h letter and answer are entred in the close of this court. [72] II It was propounded to know whether this court will chuse commission'^s to meete at Hartford at y« time appointed, seeing they heare that two of the other colonies haue chosen & intend to send. The Court, haueing found such ill fruit fromj^ Massachu- sets of J" two former meetings, are discouraged to send, yet that they might shew themselues followers of peace, and that they earnestly desire to continew their confederation vpon the termes it first began and for sundrie yeares hath bine caried on, did agree and chose the gouerno'' and Francis Newman comission''s for y« yeare ensuing, and pticularly for y^ next meeting at Hartford, if it hold; and M^ Leete and M'. Good- yeare are chosen to supply, if y« providence of God order it so that one or both of y« other should be hindered; but w'h this direction from y^ court, that if the minde of y« Massachusets remaine as they haue formerly declared, wh hath made y« 112 BECOEDS OP THE [1664 other three colonies looke vpon y« confederation as broaken by the Massachusets, they conceive their can be no fruit of their meeting but onely to consider y^ 11''' Article, and require such satisfaction from the delinquent colonic as they shall judg meete; but not being willing to tye their hands, not knowing what may fall out, they leaue it to the discretion of their comission^s to act as they shall see cause in any further buisnes concerning y" confederation. The Court desired the gouernor to wright an answer to ye Lord Protectors letter, in the name of this court, and send to him, as also a letter to the corporation, in answer to theirs now sent to this court, in w'^h answer they desire their willing- . ness to hold the confederation may be exp'ssed, and the close thereof to be to such purpose as in j" close of the letter now ordered to be sent to y* Massachusets, yet refferring to a more full answer to be sent afterwards, when it is seene what the cofnission'^s doe at their next meeting, if y« case require it. The Court considering the peace now concluded betwixt England and Holland, and that all acts of hostillitie are to cease betwixt those two nations, and so vpon that ground the intended warr w'h the Dutch here ceaseth also, did order that all those lawes and orders yf^^a, haue bine made aboute stop- ping provissions, prohibbitting trade w'h the Dutch, aboute keeping horses in each towne for publique service, traynin^ vpon this occasion, or other orders wh depend vpon the said warr, shall be now repealed. A letter was now by order of this court sent to the Sweeds at Delaware Bay, informing them of the proprietie wh some in this colony haue to large tracts of land on both sides of Delawai-e Bay & River, and desiring a neighbourly correspond- ency w'h them, both in tradeing and planting there, and an answer hereof, &c. The letter from y' Massachusets Gen: Court. Hono'^'i Gent. Wee receiued yo' answer to our faire and equitable pposition of a conferrence, judged by vs a meete expedient to begett a right vnderstanding of those things w^h haue bine in debate betweene vs, but instead of a con- currance w'h vs therein, w'h wee expected would haue bine 1654] JDBISDICTION OP mw HAVEN. 113 readily attended, wee finde little but complaints against vs and a continewed insisting vpon yc first assertions, concern- ing w'^h wee doe purposely decline debate by wrighting, haue- ing wearied ourselues by that course w^h the comission's [73] II at their last meeting, and tlaough it be greiuous to vs that a differrence of this nature should remaine undecided, yet hauing vsed our Ttmost indeauours, wee doubt not but to finde rest in the injoyment of our owne apprehensions, and to free ourselues from the vnjust imputation of the breach of covenant, sufficiently intimated and charged, especially in our counsells denying to raise forces agst Ninnigret, according to y^ vote of y« comission's, w'hout alleading any thing in y^ comissionrs detterminations to be vnjust. To W'h wee answer, 1. The counsell judged it not necessary to prepossess y" seuerall colonies, our confederats, w^h the reasons of that act, but to leaue them free to their owne reason, w<=h they had no cause to imagine to be dissonant from that act till they many- fest the same. 2. Thou^ tlie colonies haue declared their dissatisfaction to y^ act of the counsell, yet let vs say, they haue bine as silent in asserting the justice of y« comission'"s determination as y^ act of y counsell y« contrary. 3. The colonies ground their oflPence vpon our counsells not acting as the Gomission''s determined. The counsell dares not act, because vpon pvsall and serious consideration of all ye motives presented by the comission'^s, the saw not ground of warr. 4. You may please to conceiue that the omission of y« reasons (in y^ vote of y« counsell) to render ye comission''s determinations vnjust in their denying to raise forces against Ninnigret, might candidly bee interpreted a civillity to y comission"'s in refferrence to their honour, so farr as might consist wth our peace, and truly, Gent™, it would be no offence to vs to meete w'h y« like returnes. The ground of y^ warr is declared to be Ninnigrets invasion and slaughter of some Indians of Long Island, whom ye Eng- lish are no wayes ingaged to protect, according to y^ judgmt of the commission's anno 1644. The English being therefore free, there was no necessitie of makeing warr, and where there is no necessitie there is as little justice. The foundation of the comission'-s deternaination for a warr thus fayling, wee conceive the other alligations in the declaration of the comis- sion's will be invalid to beare vp the justice of their conclu- sions. Wee are not wanting in ourselues (and wee doubt not to the satisfaction of all indifferrent psons) of answers to y« 15 114 EECOEDS OF THE [1654 forementioned alligations, but wee omitt them purposely, to avoyde plixitie. Wee profess ourselues passionately desierous of the continewance of our confederacie w'h you, according to y6 genuine interpretation of the Articles and the true nature of the confederation, and that its a matter of no small greife to our spirits, (whateuer hath bine charged vpon vs to y^ con- trary,) that wee cannot attayne a right vnderstanding betwixt Ts, the w<=h, yet notw'hstanding, wee shall still waite in expect- ation for, and in the meane time haue thought meeteto.giue you notice that our freemen haue chosen their comissionrs, whom wee resolue to impower as formerly, and shall (if the Lord will) attend that worke at time and place w'h the com- [74] mission^s of yo's and the rest of ye colonies, || desiring to wayte and r,est vpon God for a happy and desired close, to whose gracious guidance wee coniitt you, ourselues and affaires, resolving yet to continew yo' affectionate bretheren, frends and confederats. The Generall Court of y^ Massachusets. Boston, 13th June, 1654. Edward Eawson, Secret. The answer to the foregoeing letter. Much Honoured Gentlemen, Yo's of the IStJ^ of June, 1654, as a reply to our answer dated Nouem' the first, 1653, wee received June 27"^, w°h answer of ours might haue seemed harsh and impertinent had it bine onely giuen to a faire and equitable proposition, but if you please to remember how vncomfortably these colonies and their cofQission''s were this last yeare exercised by yo' streyned interpretation of the Arti- cles of Confederation, seconded and confirmed by yo^ counsells refusing to act according to y^ agreem* and vote of seven of y« comission'"s, wee conceive you might well expect complaints; especially if you keepe in minde that yoi^selues prepared, and at Plymouth anno 1648, presented it to y^ coinission''s as the intent or genuine sense of the said articles, that if any juris- diction or colonic doe not submitt and pforme, &c. after due admonition, then to be responsall to y^ rest of y^ colonies for breach of league or covenant; so that according to yo'' owne interpretation then giuen, (w^h w'^h all the eight coinission''s fully agreed,) this refusall is a cleere breach of couenant, and so falls vnder the 11"! Article, to be considered and ordered 1654] JUEISDICTION OP NEW HAVEN. 115 by the comission's of the other three jurisdictions; but it rather exceeds the scope and compass of that article, w^h speakes of y« breach of any of y* articles, whereas yc coun- sells refusall, compared w'h the foregoing interpretation, seemes to be a premeditated & resolued breach of the whole confederation, no article standing in any force, if any one of J" gen: courts, or their counsell, may giue such interpretations and make such refusalls; and certainly any one of the other gen: courts may ypon better grounds (according to right) expect satisfaction from the Massachusets, for such a breach, then the Massachusets from Plymouth and Newhauen, for the absence or late comeing of their comission''s to the meeting at Plymouth 1652, being hindered by such ouerruling provi- dences, as may more fully appeare by compareing three wrightings, yo"^ order, dated October IQ*"", 1652, Newhavens declaration or proposition, made the 29'^ of March, 1653, and yo"' conclusion or resolution. May the lOti", 1653. But more pticularly, as the other colonies haue declared their dissatisfaction w*h yo'' counsells refusall, so they haue sufficiently asserted the justice of the cornission's determina- tion, (against w^h they heard no objection,) in affirming that rpon grounds in themselues satisfying, seuen of the comission''s [75] voted, &c. If all the eight || comissioners should deter- mine a warr, in it selfe as just as that Israel Yndertooke against Jabin, king of Canaan, yet some one gen: court, vpon some apprehension or respect, (as Reuben, &c.,) may not pfess to see light, but object and dispute against it. Wee desire to be excused if wee apprehend it not as a civility, nor be taken w'h such a pretence, that in refferrence to the bono' of the comis- sion's any grounds to prove y« warr vnjust were then con- cealed. Israelis forementioned warr might (as against Jabin) haue bine just in some former pt of those twenty yeares wherein they had bine so oppressed by him, though it seemes they thought it not necessary, but chose still to suffer rather then to seeke just liberty w^h further hazard. Notw^hstand- ing what passed at Hartford, anno 1644, diuers (who professed to know and remember what agreem^s were made w'h the Long Island Indians) did confidently affirme the English had 116 EBOOEDS OP THE [1654 covenanted to protect them, and the receiving and payeing tributt may rationally imply Some just defence in such a case. Joshua & y princes made peace and a league w^h y^ Gibeon- ites to let them line, wee read of no covenant to protect them against the other kings of Canaan, yet the honour and safety of Israeli being concerned in it, they were (w'h incouragmt from God) defended against Adoni-zedecks rage, springing from their complyance w'h Israeli ; wh suits the case in hand, the cause or rise of Ninnigrets quarell against the Long Island Indians being their faithfuUnes to and dependance one y* English, as by the determination in question more fully appeares, but any express oouenant or ingagement to protect them was not laide as any stone in the foundation for the warr. So that for ought yet appeares, wee may safely p'sent and submitt the comission''s determination and grounds, as they stand vpon record, to the impartiall & judicious examin- ation of our superiours in England. The foure gen: courts cannot w'h conveniency meete but by their representatives or coinittees, and how farr they haue pceeded in those wayes to setle a right vnderstanding of the Articles you well know. The comission''s were troubled, & witnessed against yo' inter- pretation, in June, 1653, the two gen: courts for Connecticote and Newhauen did seuerally soone after, by an answer there- vnto, indeauo"^ to vindicate the Articles from so strange a con- struction, and in July they sent two of their magistrats and two of their deputies to labour y^ recaUing that interpretation,, and setling the (then shakeing) confederation. Lastly, vppn an earnest and vnfeigned desire to prevent foreseene dangers and inconveniences, the comission''s (though vnder some dis- couragm') mett againe in Septembr, and spent divers dayes in-agitations by wrighting w'h yoi'selues, but wthout any reall fruit; so that, while things stood thus, to send either coinis- sion'^s or comittee could (at best) but prove lost labour. Yet, might the combination, both in interpretation and execution, be againe firmely settled, according to the first intention and as it stood for tenn yeares together, these colo- nies (forgetting what is past, and w'hout requiring other satis- faction) could humbly renew their couenant, freely close w'h 1654] JURISDICTION OP NEW HAVEN. 117 you, and cheerefuUy send to meete yo' comissionrs, in due manner, time and place, -wh. wee piirpose to doe, hopeing yo' comission's will bring w'li them a cleare and satisfying cirtify- cate of yo' reality to continew the confederation, according to y« true and gramatticall sense of y^ articles, whereof wee desire to heare by the first ; w^h, as we conceive, will tend much to ye hono' of Ood, the stopping the mouthes of enemies, the gladding the hearts of our frends, and to the peace and comfort of y^ colonies. To the guidance and grace of the wise and faithfall God wee comend you, resting Yo^^ affectionate Bretheren & Frends, the GenfU Court for Newhauen Colonie, Francis Newman, Secretarie. Directed, To y^ Gouerno"^ of the Massachusts, To be comunicated to y^ Gen: Court & Counsell there. It was sent to Connecticote to be subscribed and dated by them and sent away y^ Bay by Plymouth, or otherwise as they shall thinkefitt, but subscribed at Newhauen, July 15^^, 1664. [76] At a Gbnerall Couet held at Newhauen foe the jueisdiction, the 23"> op august, 1654. Pebsent, Magistrats. Theophilus Eaton, Esq'', Gouerno'', Francis Newman, M'. Samuell Baton, M^ William Leete, M^. Benjamin Fenn, •Magistrats. Deputies. Mf. Gibbard, Henry Lindon. Eobert Treate, Thomas Welch. M^ William Chittendine, M''. Thomas Jordan. M'. Crane, Lawrance Ward. The Gouerno'^ informed the court that the occasion of calling them together at this time is some intelligence he hath had, first by some Indians, but more certainly by the magistrats of Connecticot, M'. Wells and M'. Clarke, that Ninnigret hath 118 BECOEDS OF THE [1654 hired some other Indians, as Mohaukes or Wampeages, to assist him in cutting of y« Long Island Indians, or at least those that wee count our best frends, and that haueing done that, they intend, as it is thought, to cut of Vncas ; and that they thinke it of such weight as they intend to .send Major Masson, w'h some few men and some powder and lead, for their better defence, and desire that this colonie would joyne and send Leiutennant Seely w^h some men and powder and lead also, for they thinke it not safe to sitt still and suffer those Indians w^h are the English frends (as some of the Long Island Indians haue showed themselues to be) to be cutt of. The Court considered of what was propounded, and looks vpon it as a matter of great weight, and that there are hazards on both sides, for they are not willing to intangle themselues in the Indians quarrells, not vnderstanding the grounds thereof, yet would they doe something, if it might be, to secure them Indians w<=h are our frends from their enemies, and after much debate, concluded and by vote declared, that they would send Leiutennant Seely w'h his boate to Long Island, to the Montaucot Indians, w'h twelue pound of powder and aboute thirty pound of lead, (wh come to aboue fifty shillings, y« payement to bee considered hereafter,) aiid w'h him another from hence, and order to take vp foure more at Southold, and so to declare to them Indians, that while they and the rest there cary it faithfully to y« English, they are frends to them, and that they haue sent them this powder, &c., not to offend or hurt Ninigret, or any other Indians, but to defend them- selues, if they be invaded ; and that Leiutennant Seely treat w'h them Indians and Ninigret or other invaders, if they come while he is there, and pswade to peace, and io bring their matters before the comission'^s at Hartford, at their next meeting aboute a fortnight hence ; but other wayes for their safety they leaue to their owne consideration; and that he call at the Riuers mouth to see if Major Masson will goe or send men or amunition w'h him in pportion to ours, to the same purpose, according to W'h Leiutennant Seely was to haue instructions giuen him by order of this court. 1654] jubisdiction op new haven. 119 [77] At a Generall Coitrt held at Nbwhauen for the Jurisdiction, the 3^ op October, 1654. Present. Magistrats. Theophilus Eaton, Esq"", Gouerno''. M'. Stephen Goodyeare, Dept. Gou'. M'. Samuell Eaton. _ . ^^ , for Newhauen. irancis Newman, M'. Benjamin Fenn, for Milford. M'. William Leete, for Guilford. Deputies. Mr. William Gibbard, | Newhauen. Henry Lindon, ) Eobert Treate, ) Mjilford Thom: Welch, ) Mr. Chittendine, j Q^iifo^^. Mr. Jordan, ) Richard Law, ) „ „ ^ Francis BeU, J Stamford. Mr. Crane, Urandford. Lawranc Ward, ) Stamford deputies were acquainted that the barrell of porke that they sent from Stamford, to helpe to paye for the amuni- tion, wanted, in porke and other charges to make it pass, six shillings and six pence, W'h they must allow to the juris- diction. The conclusions of the comissionrs at their last meeting at Hartford were read to the court and approved, wherein it appred that thirty one men were to be raised in this colony, to joyne w'h the other colonies vpon a designe against Ninigret, whereof sixteene were to be forthw'h sent from hen'ce, to meete w'h some from the Bay and Connecticote, at Thomas StantOns, the 13"» instant, for the takeing away the Pequotts from Nini- gret & attend other service, according to the comission and instructions giuen by the coinissionrs, w^h the court now 120 BBCOBDS ay THE [1654 agreed to raise, which, -w'h two seamen to cary them and their provission by water, makes, eighteene men, whereof 8 are to be sent from Newhanen, 3 from Millford, 3 from Stamford, 2 from Gilford, and 2 from Brandford. They also agreed of pvissions to be sent for a moneth as foUoweth, 6 barrells of beare, 5 C. of bread, one barell of beefe, i bar: of porke, 100' of cheese, i barel of pease, and 3 gallons of strong water, w'h euery man 2'' of powder, & shot answerable for a stocke; beside 1' of ^o^ &, shott answerable, w^h every man is to cary, w'h him; w'h some coats, euery man his knapsacke and muskit, and other fitt armes for the service, 6 trayes, 6 dishes, and one ke'ttell ; and for the cheife officer for this colony in this service, the court chose Leiutennant Seely, and Serjant Jeffery for serjant ; and the other fifteene men are to be forth- w'h pressed, that they may be in readiness to attend further service if they be called to it... It is ordered that vpon the 12*^ day of this moneth, being the fift day of the weeke, shall be a day of humiliation, to seeke God for a blessing vpon this enterprise in hand. The Gouernor was desired to write a letter to M''. Winthrop, in ye name of this court, to invite him to come and liue at Newhauen if he doe remoue from Pequott, at least for this winter season. [78] II Phillip Carwithy and Caleb Garwithy were complained of for traueling from Milford to Newhauen last Saboth day in the afternoone. Phillip appeared, but Caleb being sicke could not, he answered that it was to pursue Charles Taynter, for a debt of considerable valew, who iied from them from Pairfeild while they were treating aboute it, and they heard he was presently to goe to Virgenia, and so they were in feare wholy to lose it, and that they indeauoured to get a horse at Milford to come the afternoone before but could, not, and they being weary w'h traueling were not able to come on foote. Hee was told there was no such hast but they might haue staide till the next day, for here was no vessell so suddenly to goe to Virgenia,, and such things as these must not be borne w'h, but. because it is the first time, and that they apprehended some danger of loseing the whole, the court is content that it shall 1654J J0BISDICTION OP NEW HAVEN. 121 pass TV-th an acknowledgm' of their miscariage in y publique assembly after exercise, both here and at Millford, pvided that this bee no president to them or others who shall be found in the like miscariage hereafter. At a Couet op Magisteats held at Newhaubn foe the jubisdiction, the ist*" op octobb, 1664. Peesbnt. Theophilus Eaton, Bsq^, Gouerno'. M'. Stephen Goodyeer, Dept. Gou'. M"-. Samuell Baton, ^ ^5 Francis Newman, My. Benjamin Fenn, Mr. William Leete, Magistrats. Goodman Higby of Stratford informed the court that he bought a boate of the wife of Jonas Wood of Southampton and had it in possession, and coming to Southhold he mett w'h Jonas Wood who attached the boate, and by order from the constable there had it deliuered to him, Jonas Wood being bound to prosecute his attachment at this court, for w<;h cause goodman Higby now appeared, but Jonas Wood appeared not, nor any for him. But to proue he bought the boate, he presented a bill of sale dated July the 28*'', 1654, also a testimony of Henry Easton vpon oath before goodman Grove of Stratford, to proue that Woods wife had formerly told her husband that she would sell the boate and Tie contradicted it not, and that she had sould a paire of oxen in his absence, w'h other goods, & received paye, &c. Richard Mills of Stamford, now in court, testifyed vpon oath, that he had bought of the wife of Jonas Wood, (called Hallifax Jonas,) seuerall goods in her husbands absence, Wh her husband hath alowed of and received pay of him for them, also he hath bought goods of the said Jonas, and in his absence, vpon her demand, hee hath paide her for them, Wh be hath alowed also. 16 122 BBCOBDS OP THE [1654 But Jonas Wood not being here, there was no further poeed- ing at present. [79] II Mr. Linge, atturny for Oapt. Silvester, appeared to answer M'. Leueridg in an action entered against Mm at the court of magistrats in May last, but M^. Leueridg appeared not, nor any for him, wherefore the court declared the ingag- ment wherein Capt. Siluester stands bound, to be voyde. Thomas Stapley of Pairfeild informed the court that at the court of magistrats in May last, he entered an action against M"". Ludlow for slandering his wife, w<^h consisted of three pticulars, two of which were then issued, but vpon the motion of Ensign Bryan, then and now atturny for M"^. Ludlow, the third branch was respitted to this court, that proofe might be prepared. The plantiff therefore desired the court now to pceede and issue the third part, viz*, M^ Ludlow his charge at seuerall times that Thomas Stapleys wife had gon on in a tract of lying. That he so charged her was formerly proued by three testimonies vpon oath, w^h were now read, and Ensigne Bryan demanded whether hee could proue against her such a tract of lying, he answered he had nothing to say in the case at present. Wherevpon the court considering the nature of the charge, her relation to the church at Pairfeild, and the censure such a tract proved might haue brought vpon her, by way of sentence ordered, that M'. Ludlow paye to -Thomas Stapley, towards j" repairing his wiues name so defamed, w'h trouble and charge in prosecuting, the some of tenn pounds. Martha, now the wife of John Eichardson of Stamford, was charged w'h fornication, proued by her being w*h child some monethes before marriage, and that to avoyde or stopp reproach, her husband had carried her to Roxbery in the Massachusets, where she was deliuered of a child in January last, at the house of M"". Joshua Hughes, w<^h child lined aboute or aboue a moneth and then dyed, but how and in what manner, the court thought worth inquirie. Sundrie wrightings were also presented to the court from Stamford, as the examination of John Richardson and his wife ; hee confest his wife was w'h child before marriage, that he knew it, but ^ Vl6543 JURISDICTION OP NEW HAVEN. 123 denyed himselfe to be the father of j^ child, that he caried her from Stamford to Roxhery before childbearing, to avoyde the shame ; being demanded of y" court at what time hee did marry Martha his wife now in question, he answered, aboute y« latter end of wheat harvest, and she had a child in January folowing. Martha confest her being w'h child before marriage, but boldly affirmed she neither did nor doth know who was the father of it, she being taken w'h a fitt of swooning in her masters house at Stamford, was caried to bed in another roome, but knowes not by whom, when she came to herselfe she saw Joseph Garnesy in the roome, and conceives she had bine abused in her faulting fitt, but knowes not by whom, onely Joseph Garnesy and John Ross were in the house that euening. The examinations and testimonies of John Ross, goodwife Eaiapp, goodwife Stocks, goodwife Buxton, goodwife Webb and goodwife Bmry, were read, and ye information of Joseph Mead her brother was heard, by all wh it appeares she had bine subject to some fainting & swooning fitts, mixed w*h ' [80] some short distempers -of frensy, || but w'hall that she had, impudently and against her full knowledg, denyed her being or haueing bine w'h child, after she had bine deliuered of a child at Roxbery. So that vpon consideration of y^ case as presented & con- fessed, the court could not but judg her guilty, both of knowne fornication and continewed impudent lying, beleeuing that no woman can be gotten w'h child w*hout some knowledg, con- sent and delight in the acting thereof, and that she deserves to be publiquely and seveerly corrected by whipping, but consid- ering she is now great w'h child, and according to testimony apt to fall into the forementioned fitts, w'h due respect to her condition they ordered, that tenn pounds be paid as a fine to the jurisdiction w*hin a yeares time for her hainous miscariages ; for the due payement whereof John Richardson her husband, and her brother Joseph Mead, did before the court as sureties in,gage, and entered into a recognizance of fifty pounds for y« same, and vnder the same penalty promised and bound them- selues that, betwixt this and the court of magistrats in May next, they would bring a sfitisfying cirtifycate from Roxbery 124 EECOKDS OP THE [1654 concerning y" death of j^ child, both wh being duely pformed their ingagm' and recognizance are voyd & discharged, but till then stand in force, and in y« meane time if she duely acknowledg her sinn and truely declare who is y^ father of the child the court will consider of some further mittigation. At a Ooitet of Magisteats held at Newhaubn foe the JuEiSDiCTiON, THE 26'^ OP Januaet, 1654. Peesent, Theophilus Baton, Esq% G-ouerno"". Mr. Stephen Goodyeere, Dept. Gou'. M^ Samuell Eaton, Francis Newman, M'. Benja: Penn, M'. William Leete. Lawranc Corneliusson, a Duchman, was called before the , court and told that he is charged w'h seuerall great mis- cariages in affronting the authority set vp by this jurisdiction at Milford, in a verey high degree and contemptuouss manner, for when another Duchman who had bine scandalously, and for himselfe dangerously, drunke, and y« complainte of it brought to y« magistrate who sent the marshall for him, he, the [81] said Lawranc, answered he || should not come then, but when he listed, wherevpon the marshaU returned, but quickly after the man that was drunke came on shore, and the mar- shall seized him and was carying of him before the magistrate, and the said Lawrance followed, crying aloude after the mar- shall. Stay you rouge. Stay you rouge, and in the magistrats house caried it w^h high contempt before all present, puting his hand to his mouth and pulling it backe in a scornfull manner, as if he would say, doe yc worst, I care not for you, and when the man should haue answered for himselfe, he interposed, would not suffer him to speake, but bid the deuill take him if he spake a word, and after put him out of the dore and bid him be gone, and that none might follow him he shut the dore and stood against it, and did vtter seuerall oathes 1654] JUBISDICTION OP NEW HAVEN. 125 ■w^h cursing before the magistrate ; then the magistrate told him he must now stay and answer, both for the offendor whom he had so l-escued, and for his owne miscariages ; he then went away, and being sent for in, would not come, but said he would bee hanged and drawne first, and he would as soone come before the deuill as before the magistrate, and the marshall being coinanded to fetch him in, and if he refused to force him, he refused to submitt, and tooke his knife in his hand and held it vp and said, touch him who durst, and offering to take a sticke to make resistance, one struck him and broke his head ; so they brought him back to y« magistrate, who repeating his miscariages to him, he told y« magistrat he lyed, though the marshall then present testifyed the truth of what the magis- trat said to his face; then he demanded to see the law against drunkenness and swearing, w°h beiilg read, hee said,- This is the law of man, but not of God, and when the magistrate cofaanded the marshall to take charge of him, he would not submitt but said, kill him, hange him, he would not goe w'h him; and when the next day the court at Milford (hear- ing of these miscariages) sent for him, he contemptuously refused to come but said, kill him, hang him, drawe him w*h horses, he would not come, wherefore they referred it to y« court of magistrats, Wh thing he also desired ; and when he was gone from the magistrate he asked those that were aboute him, whether they knew the story of Samsons revenge vpon the Phillistines, how he tyed fire-brands betwixt the tayles of foxes and burnt their corne, and bad them remember it, as if he thought the English were Phillistines and he purposed a revenge ; and in further discourse biding them kill, hang him, &c., he added he would rather be cast into the sea then buryed at Milford, his bones should not be in Milford, repeat- ing the story of Joseph, who would haue his bones caryed out of Bgipt, as if Milford were as Bgipt to him ; and to defend the Duchmans drunkenness, he professed himselfe to be a drunkard, and asked the English aboute him if they were not so, Haue not you, and you, bine drunke, adding that at the Mannadoes they were not punisht for drunkenness, but vsed after they had bine drunke to say, God forgiue vs, or be 126 BEOQBDs OF mn [1664 mercyfuU to vs, and that was enough; he asked also what witnesses they had against him, and when he was told they had many, he answered, Many false witnesses came in against Christ. His misqariages being thus charged, he was told he had libertie to answer for himselfe, and if he objesoted against the truth of my of the pticulers, proofe was ready. The testimony of Samuel! Hopkins vpon oath was brought in writting and read to him, and other witnesses were come in pson from Mil- ford to testifye his seuerall miscariages vpon oath before him, but if he confest it, oathes may be spared. He said he sub- mitts to y« charge, for he was in such a passion as he remem- bers not what he did or spake, and is ashamed of it, and M'. Allerton (whom be desired might be p''sent to speake for him) said he did beleeve they were aU true, for he had bine at Mil- ford and heard the thing confirmed, but thinks the man was in suc:h a passion as he knowes not what he did. The said Lawrance was asked if he had ^any occasion given [82] him that || might cause him to cary it thus, he said no, but Grod left him & he is ashamed of it. After w<=h the court considering how he had contemned and traiopled vpon authority, disturbed the peace of the jurisdic- tion, (beside his slighting or censuring the English,) that vpon his earnest suite the magistrats were now called from seuerall plantations at an vnvsuall and inconvenient time to keepe this court, that the marshall at Milford hath bine put vpon much attendance and vpon two jurnyes from Milford heither, w*h other testimony, because he had here, (beside what passed at Milford,) more then once pemptorily denyed some of his charges, and that the marshall at Newhauen, beside other attendance, had bine charged w'h his diet, lodging, &c., did by way of sentence order, that Lawrance Oorneliusgon paye as a fine to the jurisdiction forty pounds, and that he make a due and publique acknowledgm' of his miscariages, at Milford where they were comitted, owneing his sinn and shame for it, w^h if not pformed to satisfaction there, he is to be sent backe to Newhauen and the court will further consider of it. The 30"> of January, a petition was p'sented from Lawrance 1654] JUBISDICTION OP NEW HAVEN. 127 Oorneliusson, (while the generall court was sitting,) wherein hee ownes his feyling in seuerall pticulers, w'h a desire that both God and man would pass it by, acknowledgetii the fauour of the court, and desires a continewatiou of y® same, mentions much loss he hath received vpon his vessell and in his goods, beside the charge of his family w"h is greate, by W'li meanes he is at p'sent disabled to make payem' of the fine of forty pounds imposed vpon him, and therefore desires the court to order a iaittigation as they shall see meete ; vpon consideration whereof, the court saw cause to order, that ten pounds shall be abated and but thirty pounds remaine, w^h vpon M''. AUer- tons request was agreed to be forborne three monethes, the said Mr. Isack Allerton senio"" ingageing before the court, that w'hin three monethes from this time the said thirty pounds shall be paide to this jurisdiction. [83] At a Generall Court held at Newhau-en for the Jurisdiction, the 30'^ of January, 1654. Present. Ma^istrats. Theophilus Baton, Bsq', Gouerno^ M^. Stephen Goodyeare, Dpt. Gou'. Mr. Samuell Eaton, j jj^^^auen. Francis Kfewuian, J M^ Benjamin Fenn, MUford. My. William Xeete, Guilford. Deputies. M^ William Gibbard, Henry Lindon, Newhauen^ Robert Treat, | Milford. Thomas Welch, ) M'. Chittendine j G^iifo^d. George Hubbard, ) Mr. Crane, j Brandford." Lawranc Ward, ) 128 EECOEDS OF THE [1654 A petition was presented to the court by Leiutennant Seely, to desire the court to consider that he had suffered much loss by beeing called to attend the service of the jurisdiction, in the designe intended against the Duch in the yeares 1653 & 1654, both fayling as they know, he was disappointed, though hee had left his other occasions to attend therevpon. The court considered of what was propounded, and though they did not absolutely require his attendance therevpon, specially to y« former, but propounded the case to him, though in the latter they sent for him, yet that they might incourrage him in any service this way, they are willing to alow him fine pounds, w<=h they ordered to receive of y" jurisdiction treasurer. John Tompson and'Humphery Spining propounded for satisfaction for themselues and boate for the Toyage to the Narragansets, vpon wh they were, from the time they were pressed till they returned and were freed here, thirty dayes, for w<=h they require eight pounds, and six and thirty shillings two pence for damage they received in aples w'=h they had loaden to cary to Longe Island, and ten shillings for two pare of shooes wh two of Stamford souldiours had. The court told them they might haue made a voyage to Guilford before they went, and haue eased the charge. They answered their boate wanted some mending to fitt it for the intended voyage, though she was sufficient for their occasions to the Island, and after she was mended the winde was against, them. They were told that while they lay here on shore before they went, w<=h was nine or ten dayes, the court thinkes halfe paye suffi- cient, but that they may incourage them or any other whom the jurisdiction imployes, they shall onely abate them of what they demand fifteene shillings, for two dayes while their boate was a mending, and ordered that they should receive for them- selues & boate In the service, w'h the loss in their aples and ■for the shooes, nine pounds & fifteene shillings. A petition was pi^sented by Thomas Munson and Ooopr of Newhauen, on behalfe of a company of persons intending a remoue to Delaware Bay,* wherein they propound, that for * At a General Court for the town of New Haven November 2, 1654, the governor read a letter he wrote on the 6th of July, by order of the general court, to the Sweeds 1654] JUKISDICTION OP NEW HAVEN. 129 the inlargment of the kingdome of Christ, the spreading of the gospell, and the good of posteritie therein, that they may liue vnder the wings of Christ, they would afford some incourrag- ment to help forward so publique a worke. 1. That two magistrats, M^ Samuell Baton and Mr. Francis Newman, may haue libertie from this court to goe in person at first, and in case they see not themselues called to lay out [84] so much of their estate || as is like to be disbursed in such an Tndeftakeing, that then it would please the court tT[iat out of the jurisdiction they may be honnourably provided for, as men that are willing to lay out themselues for the publique good. 2. In case that there be an vndertakeing, they that goe may at first goe vnder the protection of this jurisdiction, and that in case of any affront the jurisdiction will ingage to assist, till by the blessing of God they may be able of themselues to set governor, with his answer in Latin, dated August Ist, and the answer of the commis- sioners to that, dated Sept. 23d. At the same time he informed them that while attending the meeting of the commissioners at Hartford, several had spoken with him in reference to settling at Delaware Bay, if it might be planted. The town was desired to consider which way it may be carried on. After much debate about it, and scarce any manifesting their willingness to go at present, a committee was chosen, viz. Bobert Seely, William Davis, Thomas Munson and Thomas Jeffery, to whom any that are willing to go may repair to be taken notice of, and that if there be cause they treat with those of New Haven who have purchased those lands, to know what considera- tion they expect for them. On the 27th of November the committee reported that they had spoken with sun- dry persons in the towne, but that not-answering expectation, they got a meeting of the brethren and neighbors, and for the most part they were willing to help forward the work, some in person, others in estate, so the work might be carried on and founda- tion laid according to God; and at that meetmg they desired that the govempr an(}^ one of the magistrates, with one or both the elders, might by their persons help for- ward tliat work, whereupon they had a church meeting, and propounded their desire. The elders declared they were willing to further the work and glad it was in hand, but Mr. Davenport said, in reference to his health he sees not his way clear to engage in it in person, nor Mr. Hooke, because his wife is gone for England", and he knows not how God will dispose of her. The governor gave no positive answer, but said it was worthy of consideration. • They farther informed that some from other plantations see a need of the work and are willing to engage in it, and the rather if it be begun by New Haven, and founda- tions laid as here and government so carried on, thinking it will be for the good of them and their posterity. They also declared that they had treated with the proprietors about the purchase of the land, and understand that they are out above six hundred pounds, but are willing to take three hundred pounds, to be paid in four years. It was propounded to Mr. Samuel Eaton and Mr. Francis Newman to go with the company, who took the matter into consideration, and on the 11th of December, signi- fied their conditional assent. New Haven Town Eecords, ii. 158, 160. It 180 EECORDS OP THE [1654 vp a Oomoil -wealth according to the fundamentalls for gouerm' laid at Newhauen. 3. That seeing our numbers are yet smallj aboute or betwixt 60 and sixty, wee desire the court to consider what number they thinke may be a competent number, that wee may serue Gods pvidence and yet not let the worke fall for want of too great a number. 4. That two great gunns and powder and what belongs to them might be granted. 5. Seeing that most that haue purposes to goe doe onely for publique respects vndertake, and not for any need at present, and therevpon doe leaue their houses and land w*hout that improvement that they themselues did make, they desire that for some time, as the court shall thinke meete, they may be freed from rates and publique charges. 6. Seeing that they whose hearts God stirs vp to vndertake at first, are men for the generall of no great estates, and some cannot goe w'hout help, wee desire that a some of money naay be raised in this jurisdiction, w^h may be imployed,, either to buy a small vessell that may attend the service, or otherwise, as shall be thought meete. Now that W^h occasions this last is not onely the sense of the great expence and charge at first, and the present need that some haue now, but also wee haue heard from sundrie, that generally men are willing to help on the worke, either by psons or estats. Thus beging pardon for our bouldness, and humbly desire to coinitt all yo' consulta- tions vnto the direction of the God of wisdome, and so remaine, Newhauen the SO'^ Yo's to be comanded, of the 11"> moneth, 1654. John Cooper, Thomas Munson, in ye behalfe of the rest. To w"'' the Court returned, That hauing read and considered a papr of some propositions presented by Thomas Munson and John Cooper of Newhauen, in the name and behalfe of sundrie psons of this jurisdiction and elswhere, appearing as vndertaker for the first planting of Delaware, in order to y* publique good of this jurisdiction and the inlargment and further advancment of the kingdome of Christ in these parts, doe returne in answer as foUoweth. 1. That they are willing so farr to deny themselues for the furtherance of that worke in order to the ends propounded, as to grant libertie to one or both of those magistrats mentioned to goe alonge w*h them, who, w'h such other fitt psons as this 1664] JURISDICTION OP NEW HAVEN. 131 court shall see meete to joyne w'h them, may be impowered for mannaging of all matters of ciTill gouerment there, according to such comission as shall be given them by this court. [85] 2. That they will either take the proprietie of all the purchased lands into their owne hands, or leaue it to such as shall vndertake the planting of it, provided that it be and remaine a part or member of this jurisdictiow And for their incouragment they purpose when God shall so inlarge the English plantations in Delaware as that they shall grow the greater part of the jurisdiction, that then due consideration shall be taken for the ease and conveniency of both parts, as that the gouernor may be one yeare in one part and the next yeare in another, and the dept. gouernor to be in that part where the gouernor is not, and that gen'U courts for makeing lawes may be ordinarily but once a yeare, and where the gouernor resids ; and if God much increase plantations ia Delaware and deminish them in these parts, then possibly they may see cause that the gouernor may be constantly there and the deputie gouernor here, but that the lesser part of the jurisdiction be protected and eased by the greater part, both in rates and otherwise, w^h they conceive will be both accept- able to God and, (as appeares by the conclusions of the cotnis- sion'"s, anno 1651,) most satisfying to the rest of the Vnited Colonies. 3. That for the matters of charge propounded for incourag- ment to be giuen or lent, to help on their first beginnings, they will propound the things to the seuerall pticuler planta- tions and promove the buisnes for procuring something that way, and shall returne their answer w'h all convenient speede.* * At a General Court for New Haven March 16th, 1654r-5, The town was informed that the occasion of this meeting is to let them understand how things are at present concerning Delaware, now John Cooper is returned ; he finds little encouragement in the Bay, few being willing to engage in it at present, and therefore they may consider whether to carry it on themselves or to let it fall. Mr. Goodyear said notwithstand- standing the discouragements from the Bay, if a considerable company appear that will go, he will adventure his person and estate to go with them in that design; but a report of three ships being come to the Sweeds, seems to make the business more diffi- cult. After much debate about it, it was voted by the town in this case, that they will be at twenty or thirty pound charge, that Mr. Qpodyear, Scqeant Jeflfery, ajid such other as they think fitto take with them, may go to Delaware and carry the commia- sioneri letter smd treat with the Sweeds about a peaceable settlement of the English 132 RECORDS OP THE [1654 The Court considering the sad state of things in Old Eng- land, our native cuntry, as appeares by what intelligence they haue received from thence since they came together, thought it their duty to set a day apart-in the whole jurisdiction for humiliation and solemne seekeing of God in fasting and praire on their behalfe, Wh is appointed to bee vpon "Wedensday come three weekes, Wh will be the last day of February next. At a Court op Magistrats held at Newhatjen por the Jurisdiction, the 2^ op February, 1664. — Present, Theophilus Eaton, Esq"". Gouerno'. M'. Stephen Goodyeare, Deputie Gou'. M' Samuell Eaton. Francis Newman. M'. Williana Leete. M"". Benj amine Fenn. "Walter Robinson of the age of fifteene yeares, a seruant to M^ Fowler of Milford, was called before the court and told that he stands charged for comitting that horrible sinn of upon their own right, and then after harvest, if things be cleared, company may resort thither for the planting of it. On the 9th of April, 1665, The town was informed that there were several who have purposes to go, but they conceive they want niynber of men and estate to carry it on, now if any be willing to further it in person or estate they may do well to delare it. It having been first made known to them that thougb they may go free and not engaged to be a part of this jurisdiction, yet they and all such as come after must engage upon the same foundations of government as were at first laid at New Haven, which were now read unto them, and though some objections were made, yet notwithstanding, the business proceeded, and divers declared themselves willing to further it. And for their further encouragement the town granted, if any go and leave none in their family fit to watch, their wives shall not be put upon the trouble and charge to hire a watchman, the persons only which are present being to carry on that service. They also further agreed to lend the company the two small guns which are the towns, or else one of them and one of the bigger, if they can procure leave of the jurisdiction for it, with at least half a hundred of shot for that bigger gun, if they have it, and a meet proportion of musket bullets, according to what the town hath, and also a barrel of that powder which the town bought of Mr. Evance. And concerning their houses and lands which they leave, what of them lyeth unimproved shall be freed from aH rates one year and a half from the time they leave them, paying as now they do for what they improve. Then they shall have one years tune more, that they shall pay but one penny an acre for fenced land and meadow as they do at present. Town Eeo. ii. 165-7. 1654] JUEISDICTION OF NEW HAVEN. 133 beastialitie, w'h a bitch, and therein abasing the nature of man in a most filthy way, and that vpon the Lords day. His examination before the court at Milford, w'li a testimony of Edward Willson, a seaman, v4)on oath, were read, w<=h are as foUoweth, [A page of the Eeoord containing details of Uie testimony is here omitted.] [86] The court, hauing heard the examinations, confession and proofe concerning Walter Robinson, by way of sentence declared, that his sinn is such as by the law of God and the law of this jurisdiction he ought to dye, and therefore the court dare doe no other biit pronounce the same, that all others may heare and feare, and take warning not to comitt [87] II such wickedness. W^h sentence of death is to be executed vpon him by hanging vpon the gallowes, and that the bitch w'h w"=h he hath committed this horrible wickedness be killed in his sight at that time, Wh is ordered to be the first Wedensday in March next, that so in the meane time he may consider his sinn and repent and seeke to God in Christ, that mercy may be showed to his poore soule. My. Samuell Goodanhouse informed the court that M"". William Westerhouse is in his debt a considerable some, both vpon pticuler accounts, and likewise in ptnershipp w'h him, w<=h he could not acquainte y« court w% when that buisnes was tryed in y« court, because he was then prisoner at Pyall. He further said that hee heares the house of the said M"^. Westerhouse is to be sould, he desires that he may buy it and set of his debt that way ; hee was told, for his debt it must be proued to the courts satisfaction, and for the house, it is not M' . Westerhouses, but turned ouer to M"^. Benzio for part of his debt, & if he buy the house he must lay downe the price, wh must bee for the vse of the creditors as the court of magis- trats shall order, but the coiirt now ordered that the house shall be sould by an inch of candell, the 13"> of this moneth, he that bids most to haue it, for good, currant, cuntry paye, at currant price. 134 bbcobds of the [1665 At a Court op Maqistrats held at Newhauen for y« Jurisdiction, THE 28^^ op Mat, 1655. Pbbsbnt, TheopMus Eaton, Esq"", Gouerno'^. '■ Mf. SteplTen Goodyeere, Dpt. Gou'. M'. Samuell Eaton, ^ M''. Benjamin Eenn, J William EUit and Hanah Spencer were called before the court & told that the court hath bine informed of some vncleane, filthy cariages betwixt them in WilMam Benfeilds boate, and as- Hanah Spencer hath said, she was by the said Elit forced therevnto, but EUit denyed it, wherevpon Hanah Spencer was called to speake, who declared that she tooke a passage in William Benfeilds boate to goe from Milford to Stajnford, in the way as they went one night, when she was in ye cuddy, Benfeild then sitting at the dore, William Ellit came in to her and asked her if she would haue him, she answered it was not in her power, she was at the dispose of the church at Milford, but after this hee fell vpon her and by degrees, got vp her coates and had carnnall knowledg of her, but w'hout her consent, yet she saith Benfeild was then in y« cuddy, they three lying closs one by another and she in the midest. Ellit at first denyed any such thing, but after did ^confess he had had carnnall knowledg of her, but not by force but w% her consent, and that he had endeauoured it that time she speakes of in the night but could not, but in the morning while the boate was sayling, he was at the [88] II helme, and being cold desired Benfeild to take y* helme, and he went into the cuddy to her, and she spake as pittying of him, saying he shaked w'h cold, and he laye downe by her and then w'h her consent did it, but forced her not. Hanah Spencer said it was not true, it was but one time and that was in the night when Benfeild was in the cuddy. She was asked how that could be a forced act, when another lay closs by and saith he cannot teU that any such thing was 1665] JURISDICTION OP NEW HAVEN. 135 done, nor did hear her cry out, onely one time he heard her say w'h a mild voyce, William EUit let me aloane; and Crregory Taylor of Stamford who was then in ye boate, and by reason his wife was sick, was kept awake all night, yet heard no crying out, w<=h she would haue done had not her consent bine gained; and further he testifyeth, that Hanah Spencer caried it pleasingly to WiUiam BUit afterward, and as they both confess, fell into a further treaty of marriage in Benfeilds presenc, who pswaded therevnto, and agreed to be married at Greenwitch, though after when she came at Stam- ford she was vnwilling, hauing heard by the wife of Jn° Gra- den, a Duch-man, that Elit should say to her husband, that he had got a sweet-heart who was an vgly creature but she had a good portion, and when he had got that, he would giue her a kicke, this was now testifyed by Jno Graden Tpon oath. William BenfeUd was called and told that he is charged w'h seuerall miscariages w'=h he must answer to, first that he hath neglected his trust, not lookeing to Hanah Spencer whom hee tooke into his boate, but hath by his negligence (and it is well if not by his consent) suffered her chastitie to be voyolated, & that he himselfe had in a filthy way touched her naked body, w^h he said was accidentall ; he was told it doth not so appeare, he hauing boasted of this w*h other filthy passages to the sea- men in M"^. Mayoes Tessell, and being ouerheard by M"". Leueridg, (who was then- aboard,) and xeproued for it, he said if he had known he had bine there he would not haue spoken so. Againe it increaseth his fault exceedingly that he suffered EUit a second time (knowing of ther filthyness the night before) to goe into the cuddy alone w*h Hanah Spencer, and there to haue opptunity to doe so wickedly, and that he alowed of a treaty of marriage in his boate and pswaded there- vnto and was witnes of it, w*hout consent of parrents or any w^h had the dispose of her, Wh carriages, though plaine and euident, yet he would not at first owne, but afterward confest the things were true, and for his sinnfull, words in M^ . Mayoe's vessell, he is ashamed of them and ashamed to name them before y« court, and confessed he should haue bine more care- full of his trust and not haue suffered such treaties of mar- 136 EECOEDS OP THE [1655 riage, especially -w'h William EUit whom he knew to be naught, though for want of other help was forced to make vse of him in that Toyage. The court hauing considered the miscariages of these per- sons seueraUy, proceeded to sentenc, and for William jEllit, though they finde no satisfying evidenc that it was a forced [89] rape, yet it is a || hainious filthyness, and it is likely was begun in a way of force though after her consent might be drawne, but as fornication it is a great sinn and folly in a high degree, and seueerly to be punished, beside his inticeing to marriage, w'h a purpose declared that after he had got her portion he would giue her a kicke, &c. For wh filthyness EUit is to be seveerly whipped, and for inticing her to mar- riage w'hout consent of those who had the dispose of her, that he pay forty shillings fine, and that he beare all charges the jurisdiction hath bine put to aboute this buisnes, and remaine a prisoner till this sentence be fullfiUed. For Hanah Spencer, the court lookes vpon her miscariages as great, though they conceive she hath bine drawne by cor- ruption and temptation, yet they cannot but judg that she deserues to be seueerly corrected, but considering the weak- ness of her body, (w^h is more then ordinary,) they order that she paye as a fine to the jurisdiction tenn pound, and that she bee p'sent at the whipping post when EUit receives his cor- rection, that she may in some measure beare y« shame of her sinn. And for William Benfeild, because he did not at first attend his trust in lookeing to Hanah Spencer as he ought, and for giuing an opptunity a second time for EUit to pfect his filthy- ness, for speaking filthy, base words, such as himselfe saith he is ashamed to name before the court, aboard M^. Mayoes ves- sell, and that he would be a vritnes of and a pswader to a mar- riage to be accomplished betwixt them, w'ho.ut consent of those W'h had the dispose of her, for all w<=h he is sentenced to paye fine pound as a fine to the jurisdiction. For Hanah Spencers fine of ten pound M'. Prudden now ingaged to y^ court to see it paide. 1665] JUEISDICTION OF NEW HAVEN. 137 And for the fiue pound due frona William Benfeild, Bnsigne Bryan ingaged to see it paide. John Knight was called before the court and told that he is charged w'h comitting filthyness in a sodomitticall way w'h Peter Vincon, his master Judsons boy, of the age of fourteene yeares or somewhat more. He denyed that he had coinitted any such filthyness w'h him at any time, or w'h any other, since w*h the chilldren of Francis Hall, but he was told such things would be proued against him, wherevpon a testimony of Thomas Richards and Samuell Richards was read, w'=h is vpon oath, taken before the gouernor, w^h they now in court before. John Knight affirme to be true, w<=1t testimony is as foUoweth, [About three pages of the Record are here omitted, as containing matters of a nature deemed unfit for publication.] [91] James Clarke and his wife were told that they are exceedingly to blame, that knowing what a filthy fellow Jn" Knight was before w'h Francis Halls chilldren, and being now informed that he had begun this way of filthyness w*h their daughter, they would let her stay there and not complaine of him to publique authority. They said they did intend it, but goodman Judson promised he should goe away and while he was there they should not be together. Goodman Judson and his wife were told that they haue don exceeding ill in that they haue concealed these things from publique authority, specially seeing they knew Jn" Knight what he was, and how neere death for filthynes of this nature before, for wh he was punished and wore a halter, but by his meanes it was taken of. They haue neglected their trust and duty towards Mary Clarke and her parrents, leting Knight and she be alone together, thereby giuing him opptunity both to abuse and corrupt her, and that contrary to their promise to James Clai'ke and his wife, and not onely conceale it them- selues, but counsell Mary Clarke to conceale it also, all wh renders them very guilty. They said they did endeauour to keepe the asunder, but it was testifyed by seuerall that they haue bine often together alone, in the meddowes, in y« woods, 18 138 BECOBDS OF TflE [1665 in ye corne feilds, and two or three times in y^ barne husking- corne, of Wh things goodman Judson could not cleare him- selfe. These things being largely and fully debated, the court tooke them into serious consideration, and remembering John Knights former cariage w'h the children of Francis Hall, a loathsome filthyness, for w=h he was then neere vnto death and therefore was sentenced (beside other punishment) to weare a halter aboute his neck, and hauing advised w'h the elders of the jurisdiction concerning John Knights miscariages in all the forementioned pticulers, by w^h it is evident he is a leud, prophane, filthy, corrupting, incorridgable pson, a noto- rious lyar, beside that sodomitticaU attempt so proued, and other filthy defyling wayes, tending to the very destruction of mankinde, and this gone on in time after time, so that there seemes to be no end of his filthynes nor no meanes will reclaime him, whether publique punishment nor private warn- ings, wherefore the court cannot thinke him fitt to Hue amonge men, and therefore do5 by way of sentence order, that John Knight be put to death by hanging vpon the gallowes. After [92] wh sentence, both to the marshall and {| others, Jn° Knight confessed that all that Mary Clarke charged him w'h is true, but denyes what Peter charged him w'h, in refferrence to sodomitticaU filthynes. For Mary Clarke, the court lookes vpon her as wofuUy cor- rupted by John Knight, as appeares by her owne confession beside other evidenc giuen in, and that she hath two much complyed w'h him therein, wherby a filthy disposition is wrought in her. The court therefore orders that she be seueerely whipped for the same, to see~ if it may please God to bless these stripes to worke out this sinnfuU folly. For goodman Judson and his wife, the court considered their breach of trust and promise, in giuing Knight such opptunities to be alone w'h her, though they knew his filthy disposition formerly and now also, and that they haue con- cealed this from publique authority when they first knew it, whereby his sinn went on and Gods wrath might haue broke out against the place for ye same, nay, his wife counsells the 1655] JUEISDICTION OP NEW HAVEN. 139 girle to oonceale it •when she was examined, so that much of this mischeife is come by their neglect, for Wh William Jud- son is to paye tenn pounds as a fine to y^ jurisdiction, that it may be a warning to gouernors of families to be more carefull and watchfaU ouer the charge and trust they tate vpon them. For Peter Vincon, because he hath bine instrumentall in this filthy way w'h Jn" Knight, as himselfe now confesseth, three times, and because he concealed it and stiffly denyed it at his first examination before the gouerno"^, that therefore he be whipped, that it may be a warning to him and other boyes to take heed they fall not into such courses hereafter. The Court hauing heard of some vncleane cariages betwixt Jonathan Couentrie, Thomas Tuttill and Mary Clarke, called them all before them and required of Mary Clarke to declare what Jonathan Couentry had done to her. [About a page of the Eeoord is here omitted.] [93] The sentenc of the court concerning these psons is, that Jonathan Coventry be for these filthy miscariages seuerly whipped. And Mary Clarkes former sentence of whipping further confirmed. And for Thomas Tuttill, who shewes himselfe most penitent for his fault, and the principall part of his miscariag being onely testifyed by Mary Clarke and denyed by him, though he confesseth he spake very sinnfuU words to her, of w^h he is ashamed, the court considering the matter as it is presented, agree to spare him from correction by whipping, and order that he paye forty shillings as a fine to the jurisdiction. A case depending betwixt Edward Higby and Jonas Wood was called vpon, but Wood being not prepared to proceed in y6 case, Higby his atturny agreed to haue it deferred till the court of magistrats in October next, or if sooner, till a court "purchased by them for that purpose, and for securitie gaue a bond of thirty pound to Edward Higby. The last will and testament of Anthony Tompson late of New hauen deceased, was presented, made the 26^^ day of 140 RECORDS OP THE [1655 December, 1654, witnessed by M^. Peter Prudden, of Milford, vpon oath. An inventory also of the estate of the said Anthony was p^sented, amount' to 411-. 19=: IQii, prised the 6*^ of March, 1654, by John Nash and Thomas Kimberly, and by them testi- fyedvpon oath to be a true aprisment, at a court held at New- hauen the 6th of March, 1654. [94] At a Court op Elections held at Newhauen for THE Jurisdiction, the SO*!" op May, 1655. Theophilus Eaton, Esq"", is chosen Gouerno' . Mr. Stephen Goodyeare, Deputie Gouerno"^. Mf . Samuell Eaton, ^ ' I Francis Newman, ! , . M'. William Leete, j^^^gi^trats. M' . Benjamin Eenn, J ^ The GouernC and M'. Leete Comission''s, M^ . Goodyeare a third man, M'. Sam: Baton a 4*^, in case on or both the other are hindered from y^ service. M^ John Wakeman, is chosen Treasurer. Francis Newman, Secretarie. Thomas Kimberly, Marshall. At a Generall Court held at Newhauen poe the Juris- diction, THE SOth op May, 1655. Present. Magistrats. Theophilus Eaton, Esq'', Gouerno'. M'". Stephen Goodyear, Dept. Gou'. M^ Samuell Baton, ) -kt i Francis Newman, \ Newhauen. W. Benjamin Fenn, Milford. M'. William Leete, GuUford. 1665] JURISDICTION OP NEW HAVEN. 141 Deputies. Mf. William Gibbard, ) tvt , Mr. John Wakeman, j Newhauen. Leiutennant Treat, ) ,,.i ~ ■■ Thorn: Welch, \ ^'^^'''^- ■ Leiutennant Chittenden, \ r> -^c j George Hubbard, | G^il^rd. Richard Law, } „. „ , Francis Bell, \ Stamford. M"". Crane, ) -r, ■,„ ■, . Sam: Swaine, J ^randford. Cirtificates from the seuerall plantations being p''sented, read & accepted, a petition from Gregory Taylor of Stamford was read, wherein he desires to be freed from the seruice of watching and trayning, &c., because of some weaknes of body w^h is vpon him, to w^h the court answered, that they leaue it to Stamford to giue him all the priviledges and liberties w«h the law affords. A petition also was presented from Jeremiah Jagger of Stamford, wherein he acknowledgeth his miscariages, justifies the courts proceedings w'h him, (March 22"», 1653,) and desires his fine of twenty pound may be abated and forgiuen; to W'h the court answered, that while he cary it well and remaines in y^ jurisdiction, they shall at present forbeare it, but not wholy take it off. [95] II The Gouernor remembered the court of some purposes w^h haue formerly bine to set vp a coUedg at Newhauen,* and * At a General Court for New Haven, May 22, 1654, " The towne was informed that there is some motion againe on foote concerning the setting vp of a Colledg here at Newhaven, woh, if attayned, will in all likelyhood prove verey benifloiall to this place, but now it is onely ppounded to knowe the townes minde and whether they are willing to further the worke by bearing a meet pportion of charge if the jurisdiction, vpon the pposall thereof, shall see cause to cary it on. No man objected, but all seemed willing, pvided that the paye Wh they can raise here will doe it." The next year, at a General Court May 21, 165S, the subject was "revived, & in some respects this seemes to be a season, some disturbanc being at p'sent at the colledg in y8 Bay, and it is now intended to be ppounded to the gen : court ; therefore this towne may declare what they will doe by way of inoouragmt for y" same, and it would be well if they herein giue a good example to y other townes in y jurisdiction, being free in so good a worke. M'. Dauenport and Mr. Hooke were both present vpon this occasion, and spake much to ihoourag the worke," and a committee was appointed " to goe to the seuerall planters in this towne and take from them what they will freely giue to this worke." Town Eec. ii. IBl, 169. 142 EECOEDS OF THE [165o informed them that now againe the motion is reuiuedj and that the deputies might be prepared to speake to it, letters were sent to the plantations to informe them that it would now be propounded ; he acquainted them also that Newhauen haue, in a free way of contribution, raised aboue three hun- dered pound to encovirage the worke, and now desired to know what the other townes will doe. The magistrate and deputies from Milford declared that if the worke might comfortably be carried on, their towne would giue one hundered pound ; but those from the other townes seemed not prepared, as not haue- ing taken a right course, and therfore desired further time to speake w^h their townes againe and take the same course Newhauen haue done, and they will then returne answer; and for a coinittee to receive these accounts & vpon receipt of them to consider whether it be meete to cary on ye worke, and- how, and wha,teuer considerations and conclusions may be meet for the furtherance of it, they agree that each towne chuse some whome they will intrust therein and send them to Newhauen vpon Tuesday come fortnight, W'h will be the 19"' of June, to meete in y^ afternoone, by whom also they promise to send the account, what their seuerall townes will raise for the worke ; the major part of w'^h comittee meeting, and the major part of them that meete agreeing, shall conclude what shall be done in this buisnes. M"". AUerton, Bnsigne Bryan and M^. Augar appeared and informed ye court that, by reason of bad biskit and flower they haue had from James Eoggers at Milford, they haue suffered much damage, and likewise the place lyes vnder reproach at Virgenia and Berbadoes, so as when other men from other places can haue a ready markit for their goods, that from hence lyes by and will not sell, or if it doe, it is for litle aboue halfe so much as others sell for; they desire therfore that some course might be taken to remidy this greiuanc. The court approved of their proposition and thought it a thing verey just and necessary to be done, and sent for the baker and miller from Milford, who also appeared and after some debate did confess there had bine formerly some miscariages. The baker imputed it, or a great part of it, to the millers 1655] JURISDICTION 03? NEW HAVEN. 143 grinding his corne so badly, w^h the miller now acknowledgeth might be through want of skill, but he hopes now it is and will be better, w^h the baker owned, and, as M''. AUerton now informed, his bread is at present better, after much debate aboute this buisnes, James Roggers was told that if after this warning his flower or bread proue bad, he must expect that the damage will faU. vpon him, vnless it may be proued that the defectiunes of it came by some other meanes. By letters from Southold, from M^. Herbert, Leiutennant Bud and Barnabas Horton, and information now from John Peakin, (whereia himselfe is also concerned, haueing laid out some monies aboute the MUl and for rates, w^h some refuse to paye to him,) the court vnderstands that that towne is in an Tnsetled frame, w^h they are moued the more strongly to beleeye because they haue not sent their deputies to this court; vpon consideration of W^h things, and out of a tender respect to them, desiring to setle the aflfaires of the towne in peace, it was though most meete that two magistrats should be sent to keepe court at Southold, w<=h by vote were declared to be M^ Samuell Eaton and M^ William Leete, (wh is to be at the charge of Southold, w^h charges w*h other rates they are to see leuyed before they come away, w'h the fines for deputies absence at this court.) "W^h two magistrats haue in this case, by order of this court, the power of a court of magistrats for tryaU of causes and issuing of differrenoes of this nature amonge them. They haue likewise power from this court to chuse some officer or officers, as deputies or constables, as they shall see cause, from amonge the free-men there, to order the civill affaires of that plantation for the yeare ensuing, or till this court take some other order concerning the same. They are to call for cirtifycats of armes, amunition, number [96] of males, || the estate of the towne, w'h birthes, deathes and marriages the two yeares last past, no account hauing bine brought in for them, and to inquire how their watches are caried on, and giue such answer to Leiutennant Budds letter, Barnabas Hortons, and M^. Herberts, (w^h they may haue w'h them,) as they shall see cause when they come there, also to John Youngs proposition aboute prohibiting strangers, 144 RECORDS OP THE [1665 English or Indians, from fetching shells for wampom out of this jurisdiction -w'hout lycense, provided, that all due meanes be vsed to preserue peace both -w'h English and Indians. The Gouerno"^ informed the court, and read to them a letter he had rsd from the planters at Oyster Bay, w^h a second letter from M^ Leuerich, dated at Milford, May 28'^, 1665, desiring that their plantation may be admitted a member of this colony, vpon seuerall conditions therein exprest w<=h wiU need weighty consideration, but because there is none of that plantation here to interpret their meaning in sundrie things propounded, and answer to such queries as the court should make, they cannot at present give any other answer but to deferr it for a time, and the rather because, if all other things were cleered, the consent of the coimssion''s must be obtayned, to wh they are bound by one article in y" confederation. The Deputies of Stamford propounded that they haue and doe still suffer great inconvenienc and damage by Greenwich, who pound their cattell off the cofnon, beside their disorderly walkeing amonge themselues, admitting of drunkenness both amonge the English and Indians, whereby they are apt to doe mischeife, both to themsehies and others ; they receive disor- derly children or seruants who fly from their parrents or mas- ters lawfuU correction ; they marry psons in a disorderly way, beside other miscariages ; and therefore, if y^ court see meete, they desire some course may be taken to reduce them to joyne w'li Stamford in this jurisdiction, and the rather because they pretend to shelter themselues vnder the comon wealth of England, who wee ai'e confident will not approue of such cariages. The Court considered of the seuerall pticulers, and remem- bred how Greenwich at first was by M''. Robert Feake, the first purchaser of the said lands, freely put vnder this juris- diction, though after Captaine Patrick did injuriously put himselfe and it vnder y« Duch, yet after, it was by agreement at Hartford w'li the Duch gou', 1650, to be resigned to New- hauen jurisdiction againe, and since, wee heare that the Duch doe exercise no authority ouer them ; all w<=h being consid- ered, the court did agree and order that a letter should be 1665] JURISDICTION OP NEW HAVEN. 145 written to them from this court, (w^h they desire ye gouerno' to draw vp,) and sent now by the deputies of Stamford, requir- ing them according to ye justice of ye case to submitt them- selues to this jurisdiction, w^h if they refuse, then the court must consider of some other way. Vpon a debate betwixt the deputies of Newhauen and the other deputies concerning the provissions to be made for the court for ye future out of the publique treasury of the juris- diction, as formerly, those for Newhauen dissenting, it was agreed, that the deputies of Newhauen shall propound it at the next towne meeting, and if they approue of that way it shall so pass, but if not, then they shall let the other townes vnderstand what they conclude of, that they may know how to prouide for themselues.* It is agreed that if in any plantation in this jurisdiction there be none amonge the free-men fitt for a cheife millitary officer, it shall be in the power of the generaH court to chuse some other man, as they shall judg fitt, in whom they may confide. [97] II The Court being informed by Kichard Law, one of the deputies for Stamford, that the free-men there had chosen Francis Bell their leiutennant, for ordering the millitary affaires at Stamford, did now confirme him in that place and trust. It is ordered that whosoeuer shall bring any strong liquour, of what kinde soeuer, into any harbour or other part of this colony, (vnless directly out of England, or out of some other part of this jurisdiction where custome hath bine paide and duely certifyed, as in the case of wines,) before he or they land or sell any of it, more or less, shall first make a true and full entry of the quantitie so to bo landed, by a note in writting deliuered to ye jurisdiction treasurer at his house, or to some officer therevnto appointed, as in the case of wines, vnder the like penalty of forfeiture, w'h mittigatio if the case require it * The town of New Haven, at their meeting June 18, 1656, considering the subject of provision for the general court out of the jurisdiction treasury, voted that they saw no reason for it, but were willing to maintain their own deputies, and that the magis- trates should be maintained at the public charge. Town Reo. ii. 170. 19 146 EECOEDS OP THE [1656' as there, the one halfe to the jurisdiction, the other halfe to him that informes and prosecuts, and the owner or importer of any such strong liquour, as soone as he lands or imports and sells it or any pt of it, shall deliuer and paye to the said treasurer or officer, for euery anchouj" conteyning tenn gallons, six shillings and eight pence, and so for greater or lesser quan- tities, namely, after y« rate of eight pence a gallon, and the buyer, vnder y^ same penalty, shall see that such entry and payment be duely made ; and that whosoeuer w'hin this colony shall at any time for sale or merchandize distill any sort of strong liquour, he or she shall w'hin seuen dayes after the same is distilled and so ready for vse or sale, giue in a like true note in writting of the full quantitie so distilled, to the treasurer or other officer, vnder the like penalty, and shall w'hin six monethes after, duely paye or cause to be paide to the said treasurer or officer, after the rate of eight pence a gallon for the full quaatitie so distilled ; and vpon proofe that any such strong liquour hath bine distilled and sould w^hout such entry and payement, the valew thereof shall be forfeited to the jurisdiction, vnless their appeare just cause of some mittigation, in W^h case double the valew of y'' said custome may be accepted ; and that no pson at any time retayle any sort of strong liquour w'hin this jurisdiction w'hout express lycense from the authority of the plantation w'hin the limitts whereof he so sells, and that due moderation bee attended in prises when it is so retayled, but that none of any sort be at any time sould for aboue three shillings a wine quart. Lastly it is ordered that if any distilling such strong liquours w'hin this colony shall by way of trade or merchandize, after he hath paide such custome, shipp and send forth of this juris- diction any quantitie of y« same, he shall for so much haue the said custome repaide by the treasurer or officer who receiued it. The Gouernour being formerly desired by this court to view ouer the lawes of this jurisdiction, and draw vp those of them Wh he thinkes will be most necessary to continew as lawes • here, and compyle them together fitt to be printed, w<^h being done, were now read, considered, and by vote confirmed, and 1655] JUEISDICTION OP NEW HAVEN. ' 147 ordered to be printed w'h the articles of confederation also, and ye court further desired the gou' to send for one of the new booke of lawes in y^ Massachusets colony, and to view ouer a small booke of lawes newly come from England, w^h is said to be M'. Cottons, and to add to what is already done as he shall thinke fitt, and then the court will meete againe to confirme them, but in y^ meane time, (when they are iinished,) they desire y^ elders of y<= jurisdiction may haue y« sight of them for their approbation also. It is ordered that a publique scale shall be prouided at y« charge of y^ jurisdiction, w<=h is to be y^ scale of this colony, the bigness of it and y^ impression to be vpon it they leaue to ye gouernour, and such other as he shall thinke fitt to advise w'h aboute it, to consider and order. Concerning quarter caske to be made in this jurisdiction hereafter, it is ordered that they shall be and conteyne thirty one gallons, or w'hin halfe a gallon ouer or vnder, according to a law formerly made, August S"*, 1653, and the order made in May last, alowing caske to be made but twnty eight gallons, is now repealed. [98] II It is ordered that the two faires, w<=h were formerly ordered to be at Newhauen each yeare, are for the present to be forborne and not kept till this court sees further cause and giue order for the same. The Gouernour informed the court that he hath receiued from the gen: court of the Massachusets an order, wherby they confirme what their comissionrs did last yeere at Hart- ford, in recalling their interpretation of the Articles of Confed- eration, so ofifensive to the other colonies, Wh order is by this court accepted and appointed to bee entered next after the conclusions of y^ comission' s at that meeting. Francis Bell informed the court that the free-men at Stam- ford doe desire that Richard Law may be chosen constable for that towne for the yeare ensuing, but the court vnderstanding and further considering the occasions of Stamford and that the three deputies ther last yeare caried on things (for ought they heare) to good satisfaction, did thinke it most meete to chuse the same againe to the same trust another yeare, viz*, Richard 148 ' RECOBDS OF THE [1655 Law, Francis Bell & Jno Holly, who haue y^ same comission to act by as they had last yeare ; and Eichard Law had now the deputies oath administred to him, and if the other two accept of y® place, he is to administer the said oath to them at Stamford, but if they Ttterly refuse, then they confirme the said Richard Law in the place of a constable, and giue him the said commission he had in that place the last time he was in it, and he now bindes himselfe by the oath now taken, to discharge that place faithfully according to his best abillitie. Old M'. Swaine, M^ Crane, Samuell Swaine and Lawranc "Ward, are chosen deputies for Brandford for the yeare ensu- ing, and haue y® same power & authority comitted to them as they the same deputies had the last yeare; and M"'. Crane and Samuell Swaine did now take the deputies oath, and were to administer the said oath to y^ other two at Branford. It was propounded to know whether Paugaset is not in this jurisdiction, but M"^. Wakeman, one of the owners and at this present a deputie for Newhauen, desired a litle time of respite before he giues answer. The Gouernour informed the court that Richard Baldwin, if not some others of Milford, had bine w^.h him and desired libertie from y^ court to buy some land of y^ Lidians aboute Paugaset, but the magistrate & deputies for Milford desired they might not haue leaue till they may more fully vnderstand the minde of their towne, to whom they thinke it will be offensive if granted. It is ordei-ed that no tobaco shaU be taken in the streets, yards, or aboute th6 houses in any plantation or farme in this jurisdiction, or w*hout dores neere or aboute the towne, or in the meeting-house, or body of the trayne souldio's, or any , other place where they may doe mischeife thereby, vnder the penalty of six pence a pipe or a time, w^h is to goe to him that informes and prosecuts, w'=h if refused is to be recouered by distress, in w^h case if there be differrence, it may be issued w'hout a court by any magistrate, or where there is no magis- trate by any deputie or constable ; but if he be a poore seruant and hath not to paye, and his master will not paye for him, he shall then be punished by sitting in the stockes one houre. 1665] JURISDICTION OP NEW HAVEN. ' 149 It is ordered that if an iron worke goe on w'liin any part of this jurisdiction, the psons and estates constantly and onely imployed in that worke shall be free from paying rates. The Court considering the occasions of y« jurisdiction and what rate is fitt to be laid to cary on the same, and remember- ing the cofnission's are to meete here this yeare, beside other ordinary charges, did see cause to order that a rate of one hundered and fifty pound shall be leuyed from the seuerall plantations in this jurisdiction, in due and equall proportions [99] according to their estates, w^h is to be paide || to the treasTirer at Newhauen, the one halfe by the midle of August next, and the other halfe by the latter end of October next following, in good money, or merchantable beauour at price currant, in wheat at 5= p bushell, pease or rie at 4= p bush, in beefe at 3^ p i, or porke at 4^, all good and merchantable, and when either beefe or porke is packed in caske the salt and caske is to be added and alowed for, and if any man paye Hue cattell, they are to be prised by indifferrent chosen for that purpose, or in any other pay that may satisfye the treasurer and answer y^ jurisdictions occasions. The penalty for none- payement is as was ordered 27"^ Octob"", 1646. The proportion of euery towne is as foUoweth, 1 s d Newhauen, . . . 67: 12: 10 MiUford, . . . . 28: 03: 07 Guilford, .... 21: 06: 07 Stamford, . . . . 17: 18: 05 Southold, . . . 13: 00: 04 Brandford, . . . . U: 18: 03 150: 00: 00 At a Coubt of Magistrates held at Newhauen foe ye Jurisdiction, the 28'h op September, 1655. W'h was pv/rchased by Jonas Wood. Jonas Wood of Southhampton and Edward Higby of Strat- ford appeared to issue a case depending betwixt them, con- 150 EECOEDS OF THE [1655 oerning a boate, and what passed at a former court in October last was read, and sundrie testimonies were further presented by Jonas Wood, and Edward Higby againe deliuered in to y« court his bill of sale from Jonas Woods wife, and a testimony of Henry Bastons, all Wh were now read, but in pleading y^ case both plantiff and defendant saw themselues defectiTe in cleering the case, wherevpon they both consented to issue the matter betwixt themselues, W'h after some debate betwixt them they did and so declared it to j" court, and Jonas had his seuerall paprs deliuered to him againe. [100] At a Court op Magisteats held at Newhauen for THE Jurisdiction, the IT't' of October, 1665. Present, Theophilus Eaton, Esq', Gouernc. Francis Newman, \ Newhauen. My. Benjamin Penn, \ Magistrats. Milford. M^ William Leete, ) Guilford. Nathaniell Kimberly, plcmS. ) Jn° Fish of Stratford, defendt, ) Nathaniell Kimberly declared that John Pish hath accused him & Joseph Whitman of coinit- ting leudness w% his sister in law Sarah Eland, and to proue he had so charged them, presented a copie of y« oath of the said John Fish, taken before authoritie at Stratford y^ IS'^ of September, 1654, wherin he saith plainly that he did see the two men before named comitting leudness, defyling or abusing the body of y"= said Sarah Bland, w^h oath was now owned by the said Fish to be his testimony. But the plant, further to cleere himselfe declared, that this buisnes was in the court at Fairfeild, wherin both he and Joseph Whitman were cleered from the said charge, two other confessing themselues to be the men, namely Robert Cranfeild, who is here present to affirm it againe, and James Blackman who hath sent a note Tnder his hand that he was the other, and Fish also confesseth that his sister Sarah Bland saith they were the two men w'h her, and not Nathaniell Kimberly, &c. Robert Cranfeild was 1655] JURISDICTION OP NEW HAVEN. 151 called, and vpon oath testifyed, that being a husking corne at Mr. Hollies, after they had done they went to a neighbours house and staide aboute an hower, James Blakman and he went to looke oxen, and aboute John Pish his house mett w'h Sarah Eland and staide a litle, talking w'h her, John Pish came out & said, Here is good doeings, thou rouge Kimberly, I know the well inougli, but Nathaniell Kimberly was not there. James Blakeman testify eth vnder his hand that him- selfe w'h Robert Cranfeild was w'h Sarah Eland when John Pish came forth and said. Thou roiige Kimberly, I know the well enough, and that he had allready taken oath that they were the pties w'h her, and not Nathaniel Kimberly, and shall take oath of it againe if legally called therevnto. John Pish was asked what he said to it, he said to his appre- hension the oathe he hath' taken is true, he was told his oath doth not so run, but is absolute, and therfore he should haue bine yerey cleere in it, but if he can say no more to cleere himselfe, he hath laide a gross slander Tpon the two young [101] men charged, || and comitted perjury, takeing Gods name in vayne, in takeing an oath which now appeares to be false. Joseph Whitman was plantiff against the said John Pish, for the same thing, and John Pish was asked if he can say anything more to cleere himselfe in this case then in the former, he said he can say litle, but leaues it to the court. After consideration, the court proceeded to sentenc, and told John Pish that for the matter of perjury, they medle not w'h it, but leaue it to the authority in that colony where it was comitted, but for the slander, it is high and heauy vpon both the young men, as doth plainly appeare by the euidence giuen in, and therefore he is to paye to each of them, (namely Nathaniell Kimberly and Joseph Whitman,) fiue pound, the charges of the court being included, and Phillip Groue and Mf. Holly of Stratford ingaged that the said sotnes should be paide w'hin three monethes. Elizabeth Godman was called before the court and told that vpon grounds formerly declared, w'=h stand vpon record, she by her owne confession remaines vnder suspition for witch- 152 EECORDS OP THE [1655 craft,* and one more is now added, and that is, that one time this last summer, comeing to M^. Hookes to beg some beare, was at first denyed, but after, she was offered some by his daughter which stood ready drawne, but she refused it and would haue some newly drawne, w^h she had, yet went away in a muttering discontented manner, and after this, that night, though the beare was good and fresh, yet the next morning was hott, soure and ill tasted, yea so hott as the barrell was warme w'hout side, and when they opened the bung it steemed forth ; they brewed againe and it was so also, and so contin- ewed foure or fine times, one after another. She brought diuers psons to the court that they might say something to cleere her, and much time was spent in hearing y"», but to litle purpose, the grounds of suspition remaining full as strong as before and she found full of lying, wherfore the court declared vnto her that though the euidenc is not sufficient as yet to take away her life, yet the suspitions are cleere and many, W'h she cannot by all the meanes she hath vsed, free herselfe from, therfore she must forbeare from goe- ing from house to house to give offenc, and cary it orderly in the family where she is, w°h if she doe not, she will cause the court to comitt her to prison againe, & that she doe now pres- ently vpon her freedom giue securitie for her good behauiour ; and she did now before the court ingage fifty pound of her estate that is in M"^. Goodyeers hand, for her good behauiour, w<=h is further to be cleered next court, when M"". Goodyeare is at home. * On the 7th of August, 1655, Mrs. Godman had been brought before the town court of New Haven, the old charges agamst her, in August, 16B3, were brought up again, and several fresh ones added of a similar character. Goodwife Thorpe, whose chick- ens had formerly been " consumed in y= gisard," had been in fresh trouble about her cows ; some had been afflicted with reference to their pigs and calves, others had " met w"" many hinderanoes" in chm-ning, and Mr. Goodyear having " warned her to provide her another place to liue in," had met with "a very great disturbance in his famUy in the night," etc. The court ordered " that she be oomitted to prison, ther to abide the courts pleasure, but because the matter is of weight, and the crime whereof she is suspected capital!, therefore she is to answer it at the court of magistrats in October next." She was, " w"> respect to her health," released from prison Sept. 4th, though warned at her peril to appear at the court of magistrates, and was told-that she must not go up and down among her neighbors to give offence, nor come to the contribution as she hath formerly done. She was suffereS to dwell in the family of Thomas Johnson, where she con- tinued till her death, October 9th, 1660. N. H. Town Eec. M. 174, 179. 1655] jueisdiotion of new haven. 158 [102] At a Generall Couet held at Newhauen fob the Jurisdiction, the 19"> op October, 1655. Present. Magistrats. Theophilus Eaton, Esq', Gouerno'. Francis Newman, ) M^ William Leete, > Magistrats. M'. Benjamin Fenn, ) Deputies. Leiutenn' Chitendine, ) n -ir. -. Georg Hubbard, J Guilford. Leiutennt Swaine, ) A letter from Southold from Jn° Tucker was presented and read to the court, wherin he informes of his abillitie and intendment to make Steele there, or in some other plantation in this jurisdiction, if he may haue some things granted he therin propounds, -vy^h the court considered of, and for that w<=h concernes the jurisdiction, they are willing to grant, and for that w<=h belongs to Southold, as the takeing clay or wood out of any mans ground, they leaue it to the towne wliere he setts it vp, not being willing in tliis case to medle w'h any mans proprietie. The conclusions of the comission's at their last meeting at Newhauen were read, wherein they tooke notice of a letter that Major Willard wrote to the comission's, w*h a narrative of his pceeding last yeare against Ninigret, and of -the comis- sioni^s answer to him, and for the matter therin reiferred to the seuerall gen: courts, they are willing to suspend their owne thoughts till they may know what the other coUonies doe, but by what appeares to them, they see cause to judg that he did not attend his coraission. 20 154 BEdOEDS OP THE [1665 It is ordered that all beare barrells to be made or sent forth of this jurisdiction, W^h are reckoned for quarter caske, shall be of the same size that quarter caske are made for flesh, that is thirty one gallons, or w'hin halfe a gallon ouer or vnder, as it was ordered the last generall court. Vpon the desire of William Judson, and considering his age and weakness, the court abated him forty shillings of the fine of ten pound, laide vpon him by the court of magistrats in May last. And the same abatement is granted to Hanah Spencer in her fine of ten pound wh was then laid also. It is ordered that during this time of the scarcitie of salt, no man in the jurisdiction shall paye to the treasurer any flesh for rates vnless he haue salt to pack it vp or be willing to receiue it, haueing due meanes to dispose of it to some to whom the jurisdic. is indebted, and that (till the court sees cause to alter it) no beefe be paid for rates at aboue two penc three farthings a pound, and porke at three penc three far- things, vnless it be paid w'h tallo and suit round, and then it shall goe at three penc and foure pence, and if it be paid in barrells, it is to be after the same proportion. It is ordered that a day of thanksgiuing shall be kept by this jurisdiction vpon the fourth day of the next weeke but one, which will be the last day of this instant October, for the mercies of the yeare past, and that that day fortnight, Wh [103] will be the 14'i' of Nouemb"", shall be kept a day || of solemne humiliation to seeke God in fasting & praire, for our- selues, our native cuntry, and for the poore, distressed, afflicted protestants, W'h are sorely persecuted by the duke of Sauoy. The lawes wh at the covirts desire haue bine drawne vp by the gouerno"^, viewed and considered by the elders of the juris- diction, were now read and seriously weighed by this court, and by vote concluded and ordered to be sent to England to be printed, w'h such oathes, forms and presidents as the gouerno"" shall thinke meete to put in; and the gouernoi^ is desired to write to M'. Hopkins, and M'. Newman to his brother, to doe the best they can to get fiue hundered of them printed and sent ouer heither, and that they would lay out the 1655] JUBISDICTION OF NEW HAVEN, 155 money, -w^h the court conceiues will be aboute ten pound, and they leaue it to the gouerno' & Francis Newman to agree w'h Ensigne Bryan or some other, vpon as good termes as they can, to paye ten pound for tfeem in England, or if they cannot, to finde out some other meanes, by sending some p^ission to Barbadoes, though it be to the valew of twenty pound, that the pduce of it may be sent to England for the jurisdictions Tse ; and that so soone as they are fitt to send away, if no opptunity present to send them to the Baye to goe by the next shipps, that they hire a messenger on purpose, to' cary them at the jurisdictions charge. The Court declared that the law aboute fences, now made & ordered to be printed, is not to alter any just agreement aboute fences, in any plantation, formerly made and now standing in force. The law concerning straies now ordered to be printed, is for the most pt the same as before, yet there being, some things in it altered, the court thought meete to declare and order that those alterations should now be published,'and from the said publication be of force in y« jurisdiction; and first, whereas it was, that if w'hin two yeares the owner appeare, he should haue the yalew of y^ stray or goods according to the forementioned apprisment, now it is ordered to be w'hin three yeares ; and whereas before, all charges being paid, the straye or goods went wholy to the finder if the owner appered not in that time, now it is ordered that after all damages or charges to the finder & officers is deducted & paid, the rest shall by sentenc of the plantation court, or where there is no court, by indifferrent men chosen, be ordered & equally deuided, the one halfe to y^ plantation, the other halfe to y" finder. To preyent much inconvenienc W^li may grow by gameing, it is ordered that no pson who either as an inkeeper or seller of strong liquo's, wine or beere, intertaines strangers *or others to lodg or eate or drinke, shall pmitt or suffer any to vse the game of shuffle board, or any other gameing, w*hin his house or lymits, vnder the penaltie of twenty shillings for euery time so offend- ing, and what euer pson or psons shall so play or game in any such house or place or in any other gameing house, wher ther 156 BBCOEDS OF THE [1655 is common resort to such playe or gameing, shall forfeite for euery such offence fiue shillings, and whosoeuer shall so play or game for money or money worth, shall farther forfeite double the valew thereof, one haife to the informer, and the rest to the plantation w'hin the lymitts whereof he so played or gamed. Richard Baldwin of Milford declared to the court that he hath vnderstood from them that they did desire some further information aboute Paugaset, he hath accordingly indeauoured [104] II to speake w^h them who haue an interest there, and hath spoken w'h all but two, and they haue made their minds thus farr knowne, & desired to informe the court that they are thankfuU that the court will take that matter into their con- sideration, and that they are verey willing and desierous to haue it vnder this jurisdiction vpon the considerations here- after exprest. 1. First, that they may stand vpon their owne account in relation to y^ jurisdiction, w*hout beeing vnder any other plantation. 2. That they may haue alowanc of the court to purchase conyenient lands for ye accoinodations of a small plantation there. 3. That they may haue libertie to chuse out from among themselues one that may be a help to them to cary on the affaires of the place, that things may be proceeded in orderly, and that he may be impowered to call meetings, put warrants in execution, w^h authority shall send theither, and moderate things for y" peace and good of the place. 4. That the court would be pleased to forbeare them any rates for foure or five yeares, for they must now paye y« pur- chase at present and be at charge to purchase more, they haue also their interest at Milford and shall be lyable to rates there, beside other large expences w<=h such new beginnings call for. To W^h the Court returned this following answer to Rich- ard Baldwin, who appeared in y« name of y« rest. That they had considered the seuerall things propounded, and according to their desire they doe accept him and y^ rest of y' company, (whose names were now giuen in,) and the place called Paugaset, vnder the jurisdiction, and from henc- forward shall looke vpon it as a pt thereof. 1655] JURISDICTION OP NEW HAVEN. 157 1. And jfirst, the court giues liber tie that if ye place vpon a serious view be found fitt for a small village, they grant them libertie so to be, w'hout being vnder Newhauen or Milford. 2. They doe also condescend that they shall haue libertie to purchase what lands they can of y^ Indians suitable to this village intended, provided it be w'hout prejudice to these two plantations, or to y^ hindering of any other plantation that may be set vp hereafter further into y« cuntry. 3. They are willing that one froni among themselues, such as the court shall approve of, shall be intrusted w'h power & authoritie to call meetings, execute warrants, moderate in cases of differrence, and-take y« best course he can to cary on things in an orderly and peacable way. 4. They are contented that what estate they haue wholy imployed at Paugaset shall bee rate free for three yeares. Wi^h things were thankfully accepted, and Paugaset declared to be vnder and a part of this jurisdiction. Richard Baldwin was now appointed to be y« man to cary on y^ trust before mentioned, hee also now declared that they did intend to purchase large tracts of land of the Indians, but when they haue done they should submitt it all to this court to alott them out such a proportion as should be thought meete for them. M''. Crane and George Hubbard, two of y^ present deputies and not interessed in this present question, were desired now before they goe home to take so much paines as to goe to Pau- gaset, (and that one from Newha,uen and one from Milford goe w'h y™ to informe,) and that they would judg whether this village intended will be any such considerable prejudice to Newhauen or Milford, so as that it should be hindered thereby, and to return their thoughts to y« gouerno'', who alltogether may judg off and determine the case. 158 EECORDS OF THE [1656 [106] At a Cotjet of Magisteats held at Newhatjen for THIS JUEISDICTION, THE 26'^^ OF MAY, 1656. Peesbnt, Theophilus Eaton, 'Esq'. Gouernor. M"". Stephen Goodyeare. Francis Newman, ^ M'r. William Leete, V Magistrats. M^ Benjamin Penn, ) The last will and testam' of Eichard Mansfeild late of New- hanen deceased, was presented, made the 8^^ of January, 1654, proued by y^ oath of Dauid Atwater and William Potter, at a court held at Newhauen y« 6"" of March, 1654. An inventory of the estate of the said Richard Mansfeild was presented, amount, to 895: 01: 06, prised aboute the moneth of May, 1655, by William Bradley, Dauid Atwater and William Potter, and by them testifyed vpon oath to be a true apprism*, at a court held at Newhauen 5*'* February, 1655. An inventorie of the estate of John Tompson late of New- hauen, was presented, amount, to 229' : 08^ : 04'^ : prised by Richard Miles and Henry Lindoh, and by them testifyed vpon oath to be a true apprismen', at a court held at Newhauen the S'h of February, 1655. The last will and testam* of Robert Plum of Milford, was pi'sented, made the 25'i> of July, 1655, proued by his owue hand and scale, and witnessed to by Richard Baldwin & Michell Tompkins vpon oath, at a court held at Millford the 17th of Decemb% 1655. An inuentorie of the estate of the said Robert Plum was presented, amount, to three hundered pounds two shillings five penc, prised by Alexander Bryan and Richard Piatt, and by them testifyed vpon oath to be a true apprism*, at a court held at Milford, the 7''' of December, 1655. The last will and testam' of James Haines of Southold was presented, made the 21*'» of March, 1652, proued by his owne hand, and witnessed by M'. John Youngs, pastor of the church there, and John Herbert. An inventorie of the estate of the said James Hindes was 1666] JUEISDICTION OP NEW HAVEN. 159 also presented, amount, to 123: 05: 04^, made the 18'h 9"> m°, 1655, prised by Barnabas Horton and Thorn: More, and by them testifyed vpon oath at Sonthold, before the constables there. The last will & testam' of M^. Frost of Southold was pre- sented, proued by the oath of John Conckclyne and Thorn. Brush before y« constables at Southold, the IT"" of May, 1656. An inuentorie of the estate of the said M' Frost was also presented, amount, to 29': 01^: 00'*, prised by Barnabas Horton and Thom. More, and by them testifyed to vpon oath before the constables at Southold, made the IS'^ 9'h m", 1655. The last will and testam' of goodwife Basset of Stamford was presented, made the 5"> of 4"» moneth, 1653, and now proued by M^ John Bishop vpon oath. An inuentorie of y« estate of Jn° Whitmore was presented from Stamford, amount, to two hundered & seuenteene pound, foure shilling two penc, made the S^^ December, 1648, prised by Robert Hustis & Jeffery Ferris. An inuentorie of the estate of Vincent Simkins, late of Stamford deceased, was pi^sented, amount, to 50'-00-00, prised by Jn° Holly and Jn" Waterberry, in Nouem' 1653. M'. Herbert of Southold informed the court that James Hindes, of their towne deceased, made a will, (W'h was now [106] presented to y court,) wherin he giues || away his estate to his wife, but none to his chilldren, and he being one of the ouerseers ^.ppointed by the said will, hearing that his widdow was aboute to dispose of herselfe in marriage, went to her and desired her to giue something to the. chilldren before, she said no, not till she dyed, but at last yeilded to giue them twenty pound a peece, but would not confirme it till goodman Dayton came, whom she was to marrie, and though he at first dissented, yet after yeilded to it, but when writings should haue bine confirmed she refused. Being now asked the reason thereof, she said her husband gaue it her and she would keepe it while she liued, she was wished to consider if her husband had giuen all away to the chilldren and nothing to her would not she haue bine consid- ered and releiued, men may not make wills as they will them 160 EECOEDS OF THE [1656 seines, but must attend the minde of God in doeing the same, ■who doth pvide that chilldren, (vnless weightie reason be to the contrary,) shall haue portions, and the eldest a double portion, therfore the rest must have a part, and the Apostle saith it is the duty of pafrents to lay vp for their chilldren, therfore if they will consider and agree among themselues, it ■will ■well satisfye the court, but if not then the court must issue it. After some debate amonge themselues, they desired the court to issue it, "who were informed by goodman Dayton that a cow and calfe is lost sine the goods were prised, and three or foure goates, and y« house and land is prised very much too deare, also that the eldest sonn had his fathers tooles giuen him, all w<=h the court tobke into consideration, and by way of sentenc did order, that the loss of y« cow and calfe w'h the goates, be borne both by mother and chilldren, and also what loss shall appeare to be in the house and land, and that the tooles be reckoned as pt of the estate, w<=h were not before prised, & then the estate as it appeares to be, be equally deuided, one halfe to the mother, the other halfe to the chill- dren, out of w'^h the eldest is to have a double portion of w<=h the tooles to be a part, and if the chilldren be put out to trades, w<=h shall be done w'h the consent of y^ ouerseers, what shall bee necessary in point of charge to put y™ forth shall come out of their owne portions, and till this be pformed by Ralph Dayton, his bond whereby he was bound tp appeare at this court, is to stand in force, w'=h bond was now deliuered to Leiutenant Budd, w'h order that when y^ sentenc is fuUfiUed he haue his bond in, and also a further discharge from the ouerseers for so much as they receive to improve for y« chil- drens vse. After w^h, goodman Dayton informed the court that what was done in the case betwixt his wife and chilldren doth well satisfye them, onely he further declared that before James Hindes dyed, he desired that M'. Herbert might be put out from being one of the ouerseers and M^, Wells put in his roome. The court told him that they can doe nothing w'hout proofe, but if M' . Herbert desires to be free, and if it be proved 1656] JUBISDICTION OP NEW HAVEN. 161 that it was the mans minde before he dyed, they are willing vpon goodman Daytons desire, that the two deputies now present, Barnabas Horton & William Furrier, should joyne with M"^. Younge the other ouerseer, to take care of the chill- dren and their estates, that they may be put out to trades and their estates improved to their advantage. A case was propounded by one Benjamin of Southold, con- cerning two cowes w^h he hired of M'. Frost, who liued at their towne and is now dead, and as is testifyed vpon oath, [107] gaue his || estate to John Conckclyne senior, of South- old, who now requires the two cowes of the said Benjamin, but he refuseth to deliuer them w*hout order from this court, wherefore it is now ordered, that the said two cowes shall be deliuered to John Conckclyne, w'h the other estate of M'. Frost, and y^ deputies of Southold were now ordered to take securitie of the said Conckclyne, that if any other can show a better right to the estate then he, he shall be lyable to make it good. A small estate was brought from Southold by M' . Jn° Her- bert, and by order from the gouernour was deliuered to the marshall who tooke an inuentorie of the same, and was the estate of one Robin, an Indian w^h some time liued at Flushing, but now lately at Southold, and is brother to Capsha, a Quell- ipiack Indian, (w^h Bobbin vpon some discontent hanged him- selfe at Southold.} The Court now considered to whom this estate did of right apptaine, and for their better information sent for the Indian sagamore and some other Indians, both young & old, and demanded who was the right hejre of this Bobbin. They all declared Capsha, who is his owne brother, though he hath another brother wh is elder amonge the Mohaukes, but they know not but he may be dead, but if he appeare, he must and shall haue a part, but from the court they would expect no more, if what is now in their power was deliuered to the said Capsha. Wherevpon the court conceiu- ing it to be right, ordered that Capsha shall haue that estate in the marshalls hand deliuered to him before witnes, takeing in writing what he so deliuers, and that he also haue a barrell of beefe w^h is at Southold, w'^h he saith M'. Herberts man 21 162 RECOEDS OP THE [1656 proffered him ten faddom of wampom for, Wh. the court approued of, onely the said Capsha was told that he must paye to the marshall what is just, for trouble and time he hath spent & bine at in this buisnes. The Court vnderstanding their is some money due from M'. Hudson of Newhauen for the house he bought, (Wh was M^ Westerhouses,) to the valew of thirty pound or more, did now order that the said money be presently required, but if he will ingage to paye to the treasurer the said sof&e due, both for house and some rent due'before, in beauour a yeare hence, then he shall haue it still remaine in his hand vpon due securitie giuen, but if that^ be not accepted and he yet desire to reteyne the money in his hand, he shall giue such alowanc as is fitt in a moderate way for the good of the creditors, and binde himselfe and the said house for. securitie of the same, the transacting of w=h buisnes they wholy leaue to Newhauen court. John Mead of Stamford entered an action of f^ case against Eichard Law of Stamford, and declared that the said Richard, being constable in the place and to execute justice to all in an equall way, had denyed justice to him in refusing to giue him an attachment to recouer some damage that he had suffered in his corne. To w^li Richard Law answered, that he came for an attachm' that he might take the estate of one w^h he knew was not to paye, nor had he any thing to attach but the cloathes to his back, and they were not his owue neither, but he told John Mead that what was due for him (against whom he desired the attachment) to paye, he should haue the money paid hina the next day, but he refused and would haue the mans estate for that w<=h other men were to paye. In opening of this case, (w<=h was long & tediouss,) the court saw plainly, & therfore declared, that Richard Law had done Jno Mead no wroiige in this matter nor had he any cause to complaine thei-eof. John Mead further declared that Richard Law had in exam- ining some witnesses for him showed much discontent, and had expressed himselfe against him in a threatening way, say- 1666] JUEISDICTION OP NEW HAVEN. 163 ing he would not leaue him worth a groate, w<=h thing Richard Law did not wholy deny, but said it is like being pvoaked by his froward carriage he might speake some words in discontent, and Tnderstanding that John Mead did much yiUifye him and reproach him for denying justice (as he said) in the case before mentioned, said he would cleere himselfe, though he left not [108] John Meade nor himselfe || worth a groate. The Court though they approue not John Meade in his way of proToakation, yet they witnessed against Richard Law for these speeches, and he freely owned them, and said he sees the euill of his spirit and speech in them and is sorrey for it, but Jn" Meade was asked what wrong this is to him, or wherin he hath bine damnifyed thereby, to w<=h he could say nothing but that it was a griefe to him and to his father. Hee farther declared that Richard Law had spoken vntruthes of him in saying that he was one Turners agent, in a buisnes in the towne meeting at Stamford, but Richard Law said he did not say so, but when Turner was called and not there, he said. Here is John Meade wh I suppose may be his agent, and the reason he so spake was because that Jn° Meade and that Turner had bine at his house a litle before, and Jn" Meade did seeme strongly to plead the case of the said Turner ; also Jn° Mead would haue charged another vntruth vpon Richard Law, because he said that Turner & he came to his house together, w^h Jn° Meade said was vntrue, yet no other then thus, that Turner came first to Richard Law in his yatrd as he was at worke aboute his barne, and quickly after came John Meade and they went into the house together. John Meade was told that he hath troubled himselfe and this court w'h things of litle weight and moment, and for the latter passages, they are but turnes & equiuocateing wayes, for here was no vntruth in these speeches, therfore he had no cause to complaine, but if he haue any more to saye, he may speake, he said no, but that Richard Law caried it so in his ofBce as hindered him in his duty, and was required to prove it but could say nothing. Richard Law and George Slawson, deputies for the church at Stamford, to make their complainte against Jn" Mead, 164 RECORDS OP THE [1666 declared that the said John had said to Francis Bell, that Thomas Hunt should say that he would git into the church shortly, and then he should haue libertie to lye, or steale, or be drunke, or any thing. Jn° Mead owned that he did speake these words, and that he at first hearing tooke it as a scanda- louss speech against the church, but he said he heard it of Thomas Scott, but Richard Law said that Scott denyed it, and y' the scoope of his speech tended to cleere the church, as appeared by a note vnder Scotts hand, now presented to the court. John Meade was told if he can proue that Scott spake these words, he must be dealt w'h, or if not he, then w'h Thomas Hunt, but till he can bring some other author, he must lye vnder it; and he was further told if he did not intend to slander the church, why did he say the next day to Richard Law and his sonn Jonathan, (when they were speaking of this matter,) that he wished the church could cleere themseluesj as Richard Law now affirmeth and his sonn hath giuen in rpon oath, W'h was now read; lie said he remembers it not, but if he did speake so, it was weakely spoken, but was told it was wickedly spoken. Richard Law complained and desired the justice of the court against Jn" Meade in sundrie cases wherin he hath wronged him, so that it is spread vp and downe the plantations, as he comes betwixt this and Stamford, to his great disgrace; as first, -that he did deny him justice in refusing to giue him an attachm*, Wh case the court hath heard; and he hath accused him before the church as one that villifyed him to the church, and notw'hstanding all the church could say, he would [109] not be satisfyed, the ground whereof John Meade || said, was because Richard Law held it forth before the church as if he had complyed w'h Robert Basset in his disturbing way, and was a forward man against the church and comon wealth. Richard Law replyed that he did obserue too much forward- ness in John Meade that way, and that he told him one time of it, and he answered they intended to rayse nothing against the jurisdiction but against the Duch, but all he did in the church was to giue a worde of advice to his father, (who is a 1656] JUEISDICTION OF NEW HAVEN. 165 brother amonge them,) to cotinsell his soiins to take heede that they ruim not too farr that way, and that this was the case M"^. Byshopp the pastour, Jn° Holly and Jn° Waterberry, two of y« bretheren, affirmed. 3'iiy. Hee spread it abroad of him, that he brought a lye to the towne-meeting, Wh was the case before mentioned con- cerning Turner. 4. Hee hath said that he forged an agreem' made betwixt Jno Waterberry & widdow Turner, wh M"^. Goodyeare now testifyed, .who saw that writing at Stamford, and told Jn° Meade that it is thus and thus expressed in a cleere way ; Jn° Meade then replyed, I, that is goodman Laws putting in vnwarrantably, and M"". Byshopp affirmed the same. Jn" Meade was asked what he said to it, he said he intended not to charge him w'h forgery, but M'. Goodyeare & M"". Byshopp now said, that he did charge it as forge'ry at Stamford, and Francis Bell now said that the agreement was right, that all diflferr'ences were to be issued betwixt Jn° Waterberry and widdow Turner, she was to haue the boy and he was to haue of her eight pound, but that night that the biiisnes was in hand, he did obserue such carriage by Jn° Meade, Joseph Meade and John Lawde that exceedingly offended him, and he professed if this was their way to carie it thus and trample vpoh authoritie in this manner, he would complaine of it where it might be remendied. 5. Another accusation against him was that he would issue no differrenc betwixt ptie and ptie but he would haue five, six, eight or ten witnesses vpon oath, w^h is vntrue and a slander cast vpon him. This M'. Goodyeare said John Mead spoke to him at Stamford, and Jii" Mead now ownes that hee said, that it may be when his euidenc comes forth goodman Law and he should issue, for buisnes vseth not to be issued at Stam- ford w'hout 5, 6, 8 or 10 witnesses. 6. Hee hath charged Kichard Law w'h falsifying testimonies vpon oath, to cleere which M^. Byshopp declared that Jn° Meade came to him and desired that his euidences might be taken out of Richard Laws his hands, and gaue two reasons, first because he is his enemie, 2^iy, because he had falsifyed 166 BECOBDS OP THE [1656 testimonies vpon oath ; M'. Byshopp replyed, (M'. Goodyeare being by and affirmes y" same w*h. M'. Byshop,) if this be true, he is not fitt for church nor comon wealth, John Mead said he thought so, M'. Byshopp said, by this meanes you disable him from any publique place, Jn° Mead answered that he intended that, Mf. Byshopp said he had better hopes of brother Law, Meade replyed he would be of another minde by May court ; but to cleere this charge Jn° Mead did make nothing appeare, but the contrary did appeare by Eich: Laws declareing his manner and way of examining witnesses and writing downe the same, w^h was also further cleered by the testimony of Eichard Mills vpon oath, w'h wh way of pceeding the court was satisfyed. Lastly, Eich: Law declared that Jn** Mead hath not onely charged him w'h all these euills, but added this, that he is vnder the raigne and power of them ; Jn" Meade owned it & said it was not volentarily spoken by him, but drawne from him, and M"^. Byshop told Jn° Mead that he said so to him, and that he knew and could prove it, and George Slawson replyed to him that he should not take notice of euery fayling; no said hee, all these are raigning euills in goodman Law; Slawson replyed, it is a sad charge ; Mead answered, but if I make it not out, my owne ruin and ouerthrow will be the greater. [110] II Some differrenc betwixt Jn° Waterberry and Jn° Mead was agitated before the court, but in ye issue they agreed betweene themselues and declared it to the court, that Jn° Mead paye Jn° Waterberry for his jurny heither, give him his he hath w'h-held, though ye debt was paide, and acknowledg the wronge he hath done him in his name in speaking reproachfuU words against him. The Court considered of these things and doe looke vpon Jn" Mead as hauing done great wronge to Eichard Law in his place as a publique officer, that he hath bine an incendiarie and worker of great disturbanc at Stamford, that he hath highly slandered the church, &c., therfore they agreed for the present to comitt him to prison till they may further con- sider the matter. 1656] JUEISDICTlON Of NEW HAVEN. 16t After Jno Mead was cofiiitted he sent a writing to y^ court, wherin he acknowledgeth his miscariages, and w'h what an euill frame of spirit he hath bine caried on, wh the court looked ypon as short in respect of his sinn, but vpon the intreaty of M'. Byshop, Richard Law and Jn° Waterberry, the court inclyned to fauour, and sent for Jn° Meade out of prison, and declared to him, that they did not rememb' that they mett w^h such a case since they sat as a court, wherin their hath bine so much mallic and bitterness of spirit in psecuting, both against the church and against Richard Law, the onely officer for civill affaires in that towne, rendering him as a most vile man, neither fitt for church nor comon wealth. Wherfore the court by way of sentenc did now order, that John Meade doe make a full acknowledgm* at Stamford, both to cleere the chxirch, Richard Law and Jn" Waterbery, for though he hath laid heauy charges, yet hath not proved them ; that he paye Richard Law, towarde his charge and trouble in this buisnes, (he being in other respects satisfyed w^h his acknowledgm*,) tenn pounds; and for disturbing the juris- diction, opposing a publique officer, that he paye as a fine tenn pound ; and that he and his brother, (or some other man in whom the court may be satisfyed,) be bound in a bonde of fifty pounds for his good behamour for time to come; and that he paye the marshall for his trouble and charge twenty shillings ; and if this acknowledgm' be not pformed at Stam- ford to satisfaction, he is to be bound ouer to answer it at the court of magistrats in Octob"^ next. And Jn° Mead and Joseph Mead both entered into bond before the court, that the said Jn° Mead shall behaue himselfe peacably & not fall into these or the like miscariages againe, vpon the forfeiture of the said bond, to be leuyed vpon either or both their estates. After sentenc Jn° Mead acknowledged his miscariag in his abominable slandering and reproaching the church, and the courts tendernes notw'hstanding his horrible and sinnfuU way, Wh hath proceeded from a bitter roote of prejudice and selfe confidenc in his owne way, W'h hath hindered him from take- ing advice for his good, and for all the pticulers wherein he hath charged goodman Law, he confesseth he had no cause, 168 EBCOBDS OF TH^ [1656 and desires he may be truely humbled for it, he hath forged no agreem's, falsifyed no testimonies, nor denyed him justice, &c., much less had he cause to say that these were raigning euills in him, but he desires to take y« shame of these things to himselfe, and y' all others may take warning by him, and that he may walke in a better frame for the future. A fine of tenn poimd Wh Joseph Mead stands ingaged for, for his brother John Richardson, was now required, but he desires forbearano till next Michaelmas and he would then see it pai-de, w'^h was granted. [Ill] At a Ooxtrt op Elections held at Newhauen fob THE JUEISDICTION, THE 28"i OF MaY, 1656. Theophilus Eaton, Esq', is chosen Gouerno''. M'. Stephen Goodyeare, is chosen Dept. Gou'. Francis Newman, ) M"^. Benjamin Penn, > Magistrats. Mf. William Leete, ) The Gouerno' and M"". Leete are chosen Comission's, Fran- cis Newman a ^^ man, in case any of the other should be by Gods protiidenc hindered. Mr. John "Wakeman chosen Treasurer. Prances Newman, Secretarie. Thomas Kimberly, Marshall. At a Geneball Couet held at Newhauen fob the Jubis- DiCTiON, the 28"i op May, 1656. Peesent. Magistrats. Theophilus Eaton, Bsq"", Gouerno''. Mf. Stephen Goodyeare, Deputie. Francis Newman, \ M". William Leete, [ Ma: Mf. Benja: Fenn, ) 1656] JDEISDICTION OP NEW HAVEN. 169 Deputies. M'. "Wakeman, ) ^r x, Mr. Gibbard, \ Newhauen. Leiutent Treate, \ t,,.,- , Tho: Buckingham, \ ^^l^^^^^' Leiutent Chittendine, / n mp j Mr. Kitcbell, 1 Guilford. Richard Law, ) ox /• j Pran:BeU, ' j Stamford. Barnabas Horton, ) „ .i, , ■, William Furrier, J Southold. Mr. Crane, ) ■„ jj? j Leiut. Swaine, \ ^randford. John Frost, seruant to Mr. Gibbard, beirig called and exam- ined aboute the burning his masters house, &c., confesseth as he had done in his former examination before the gouernor, the 17"» of March last, viz':, that he did the day before, (being the Saboth, (in the afternoone, and after his master and mr'^ were gon to the meeting, light a peece of papr at the fire in y« house, and caried it out vnder his hatt, that the chilldren might not see it, and went to the hey stack that stood neere the barne, and did on purpose kindle some hey, w'h an intent to burne both hey and barne, and left it smoaking, and then went to the meeting house w*hout any indeauour to put it out, but desiring that it niight burne, w^h accordingly it did, burn- ing the hey and barne, and after runn to the dwelling house . and burnt it downe to the ground, w'h much goods ; which when he saw, he said it repented him and he was sorrey that he had so done. Hee was asked what stirred him vp thus to doe, and 'how long thesa purposes haue bine in his minde, he said hee loued not to goe to plow w'h his master, because when the oxen went not right he would knock him, and therfore he had a minde to burn the hey, and he also did it by way of reuenge, because his master had aboute six weekes before whipped him, and from that time he had purposes to doe this thing, w^h he was further stirred vp to doe aboute a fortnight [112] II since, because his master struck him a blow, and would haue done it sooner if he could haue had opptunitie to 22 170 Ieecoeds of the [1656 doe it so as no body might see him and had not bine hindered by raine and snow that fell, and he sometimes thought to doe it in the night, but that he thought it might hurt their psons. Mf. Gibbard being present said, that it is likely he might sometimes knock him for some miscariages, as he thinkes boyes will sometime deserue, and he did whipp him as he saith, Wh was for lying, wh he thought was his duty to doe, and he thinkes he did one time strike him a blow because he left open the dore and let some calues goe in and eate pease, but he thinkes if the boy be considered, what he was when he tooke him and how he is now, he thinkes it will appeare that he hath bine well vsed and hath not had any immoderate cor- rection ; and he hath now of late caried it in the family so pleasantly as he hath marueled to see, and pticulerly the day before he did this mischeife, and that morning, w<=h he should wonder at but that he knowes he hath vsed to cary very hippocrittically in other things, and Frost being asked said he did carie it so that he might not be suspected for the mischeife Wh he intended to doe. Which being fully and freely owned by him, the court seriously considered what God called for in this case, and in the issue concluded, that considering he is young, (aboute fourteene yeares of age,) and also somewhat childish in his way, agreed to spare his life, (though the offence be exceed- ing heynious and aggrauated w'h many circumstances,) but that the following sentence should be executed vpon him, viz: that the said John Frost should be a seruant for one and twenty yeares from this time, fine or six of which yeares belongs properly to M"". Gibbard, being a remainder of y« time of seruice to him due vpon former agreement, and for the other time, fifteene or sixteene yeares, be it more or less, the profi&tt thereof shall be deuided betwixt M^ Gibbard and M"". Wakeman, (vpon whom the loss fell,) in a due poportion when their seuerall losses are made knowne; that he be seueerly whipped w'h rods fitt for that purpose ; that he weare a halter about his necke and a small light lock vpon his legg, so as they may be seene ; that he stand in the pillory such a space of time as the ma^strats shall thinke fitt, and if he shall 1656] JURISDICTION OP NEW HAVEN. 171 goe out of y« jurisdiction w'hout leaue, he shall be lyable to be questioned for his life againe; W=h sentenc was by gen: court ordered to be published by the magistrats of Newhauen the next trayning day, w^h will be y^ O"" of June, and then also, as the case requireth, to be executed. The charge w<=h doth arise by his being in prison is to be p^ by the jurisdiction, because they are not willing to put it vpon his master, whose loss by him hath bine to much allready. Mr. Gibbard informed the court, that he vnderstands that some of his neighbours are not willing that he should haue the boy to dwell w'h him againe, fearing he may doe more mischeife in the like kinde, and some objected against his wearing of the lock, because it would be a hinderanc to him in his worke and so make his seruice the less profitable. The court told M"'. Gibbard that they could not force any man to take him, but if he cannot imploye him himselfe to satisfaction, he may treate w'h any other, as M"'. Wal^eman, the marshall or Jn° Coopr, aboute the iron worke, and if he can agree w'h any of them to satisfaction, the court will be content, but if no comfortable closeing can be, so as he may stay here, but that in the issue he must be sent away, and it may be back to England to his father, then the court of magisrts must meete to consider of some further punishm' to be inflicted for exam- ple and terrour to others, that none may be imboldened to take such courses, and if the lock proue inconvenient and a hin- deranc in his labour, it is left to the court at Newhauen to alter that part as they shall see cause. [113] II The Court by vote declared themselues willing that John Youngs w*h his barke should yet continew the seruice he was put vpon by the comissioni^s in September last, to hin- der Ninigret from goeing against the Long Island Indians, and that foure men be sent w'h him out of this colony, viz': two from Newhauen, one from Millford and one from Guilford and Brandford, and that .he should haue what prouissions he thought was necessary for the seruice, all Wh charges are to be brought to account by the comission''s in September next. Vpon a petition presented by John Meggs, and the desire of Richard Hiibball, the court abated Jn° Meggs five pound 172 EECOBDS OF THE [1666 of a fine of ten pound that he owed to y« jurisdiction, and Eichard Hubball fiftye shillings of a fine of fiue pound that he owed likewise, and that the rest be forthw'h paide. Old My. Swaine, M'. Crane, Leiutenn' Sam: Swaine and Lawranc Ward, are chosen deputies for Brandford for the yeare ensuing, and haue the same power eomitted to them as they had the last yeare, and M"". Crane & Leiutenn* Swaine did now take the deputies oath, and ordered to administer y« oath to j^ other two at Brandford. Richard Law and Francis Bell were chosen constables for Stamford for y« yeare ensuing, and haue the same power as the constable there had the last yeare, and they now tooke oath to discharge that trust faithfully, but if the free-men of Stamford are not willing that Richard Law should hold that trust, they excuse him from this oath, and then Francis Bell is onely chosen according to the freemens desire there, though the court be of another minde, and that the towne of Stamford may see that Jn" Meades complaints were vnjust and haue made no alteration in y<= court concerning Richard Law. And Francis Bell now declared that he is not willing to be alone in so weightie a buisnes. Barnabas Horton and WiUiam Furrier were chosen consta- bles for Southold for the yeare ensuing, and haue the same power that the constables of that place haue formerly had, and they now tooke oath faithfully to discharge their duty therin. It is ordered that when a towne meeting is duely warned, (that is at least foure and twenty hours before,) vpon publique occasion in any plantation in this jurisdiction, whospeuer after such warning shall not appeare at the time appointed, or shall w'hout leaue depart the said meeting, shall paye for the same two shillings six penc, and for late coming one shilling, and if vpon demande the fine be not paide, the authoritie in y place shaU recover the same by distress, but if any shall be disor- derly and stubbornly refuse, the shall be bound to answer it at y« next court of magistrats at Newhauen after the said offenc is eomitted, but in case of submission, the free-men in each plantation haue power to abate or remitt the fine, in either case as they shall thinke fitt. 1&66] JDEISDICTION OP NEW HAVEN. 173 It is ordered that if any of them who are vndertakers in y^ iron worke, shall or be really in debt, and any man shall desire justice against them to be executed vpon that part of their estate w^h they haue in the said worke, justice shall be granted, but so as the said iron worke be not hindered nor the other ptners damnifyed thereby, but the said ptie attaching or desir- ing justice against such part shall, if the case require, come in his roome and be lyable to cary on the said pt in all respects as the first aduenturer, till the debt be paide by the produce that shall arise out of the same. A bill giuen by M'. Wells of Southold to j^ treasurer, of aboute three pound five shiH, wh he spent in coming to New- haven, aboute two yeares since to giue intelligenc of some publique disturbers there, W'h the freemen there advised him to, conciveing if some course were not taken, the peace of y^ jurisdiction would be indangered, is ordered to be alowed to him by the treasurer. The Court vnderstanding that John Hodshon had lost a horse, w<=h was taken vp for the seruice of the cuntry when they were goeing forth against the Duch aboute two yeares sine, though in justice they see not ground to alow any thing, yet in a way of neighbourly condescendency, that the loss may not lye too heauy vpon one man, they shall alow him seuen pound ten shillings. [114] II It is ordered that sixteene horses shall be prouided and kept in y« five townes vpon the maine in this jurisdiction, w'h suitable sadles, bridles, pistoles and other furniture that is necessarie towards the raysing of a small troope for the seruice of the cuntry., in an equall proportion as they can be deuided according to the estate of each plantation, which is as foUoweth, six from Newhauen, foure from Millford, two from Stamford, and foure from Guilford and Brandford, and that the psons who shaU freely vndertake or be appointed there- vnto, shall be free from rates both for their psons and ye said horss, also from trayning w'h the foote company, and from any press foi- themselues and horss to other publique seruice, and shall haue what other priviledges is granted to troopers in the Massachusets or Oonnecticote colonies, prouided that 174 EECOBDS OF THE [1656 sueh men who shall be appointed to this seruice shall be dilli- gent in the vse of aU due meanes to fitt themselues and horses for the same at home in their seuerall plantations, after w<=h this court will consider how they may be improved in a pub- lique way of trayning ; and that euery plantation prouide and keepe double as many good stoute doggs, mastives or as neere as can be gott, wh may be of good vse against woolues and in some other cases, w^h proportion of horses, furniture and doggs, is to be prouided by each plantation betwixt this and the election court in May next, vnder the penaltie of fiue pounds. And for the incouragmt of souldiours in their millitary exercise in jurisdiction, it is ordered that euery plantation shall prouide a partison for their leiutenn*, cullars for their ensigne, halberts for their serjants, w'h drumms fitt for seruice, w'h a certaine number of pikes as hereafter exprest, w'hin a yeares time, vnder the penaltie of. fiue pound for totall or any greate or willfuU neglect, w'h libertie for this court to mittigate in this case, and in case of horses and doggs before mentioned, as they shall see meete when they vnderstand what indeauours haue bine vsed for accomplishing the same. Newhauen being furnished, Millford is to haue sixteene pikes, Stamford six- teene, Guilford twelue, Southhold and Brandford eight a peece. And further that halfe a pound of powder for euery souldiour be alowed by euery towne out of their towne rate once in a yeare to the cheife ofl&cer, to be by him bestowed vpon them according to their due deserts, to be spent as he shall order, by shooting at a marke three times in a yeare for some small prise which each towne shall prouide, in valew n(rt aboue fiue shillings a time and not less then two shillings six pence, w<=h shall be ordered either to one or more as the oflficer shall appointe ; and that each towne prouide a good paire of hilts for souldiours to play at cudgels w'h, and that they exercise them- selues in playing at backsword, &c., that they learne how to handle their weapons for the defence of themselues and offenc of their enemies, and that the deputies of each plantation speake to the teaching elders there to take some fitt opptuni- ties to speake to the souldio's something by way of exhorta- 1656] JURISDICTION OP NEW HAVEN. 175 tion, to quicken them to a consciencious attendanc to this duty, and that souldio's in time of their vacancy doe exercise themselues in running, wrastling, leaping and the like manly exercises, the better to fitt their bodies for seruice and hard- shipp, and that all other exercises, as stoole bale, nine pines, qtiaites, and such like games be forbidden and not to be vsed till the millitary exercise of the day be finished and the com- pany dismissed from that seruice. [115] II John Tucker of Southold, who is aboute to set vpon a way of makeing Steele there, & had seuerall priuiledges granted to him by this court in October last for his incourag- ment therein, did now further propound that if his said worke should not bee successfnll, yet seeing he layes out allmost all his estate vpon it, he might notwithstanding be free from rates the said ten yeares before granted, w^h the court considered of and declared, that if he doe laye out his estate in such a manner aboute this publique worke, and that God shall cross him therein so that he be impouerished thereby, they are willing that that small remaining part of his estate shall be free from rates for ten yeares. It is ordered that whosoeuer shall put or kindle any fire in woods, grounds, yards, orchyards, or other place or places, lying in comon or inclosed, so as the same shall burae fences, buildings, or cause any other damage in any season or manner not alowed by authoritie in that plantation, or on the last day of the weeke, or on the Lords day, euery such person shall paye aU damages and halfe so much more for a fine to the plantation, and if not able to paye, shall be corporally pun- ished as the court shall judg meete. But if any seruant or seruants, pson or psons in relation, or any other whether male or female, shall willfully, maliciously or by way of reuenge, kindle or put any fire into any corne, hey, straw, hempe, flax, timber, hewed, sawen or riuen, heapes of wood, charcoale, other goods or combustiable matter, espe- cially in the night or on the Lords day, by meanes whereof any dwelling house, barne, shedd or other buildings, hey, corne, cattell, houshold goods, or other estate of what kinde soeuer may be indangered, burnt or destroyed, (much more 176 RECOEDS OP THE [1666 if the life or liues of any pson or psons shall be thereby lost or hazarded,) such mischeiuous pson or psons shall be proceeded against, either by the court of magistrats, if the sinn be heyn- ous'or capitall, as a presumptuouse or mallicious ofifendor or offendcs against the fift, sixt, or eight comandem'^, to be pun- ished by death or otherwise seueerely as the case may require, or by the plantation court, if the miscariage be of a lower nature, by corporall punishm* or paying double or treble damages, but if the damage be great and the offendo"^ or offendcs not able to make such restitution, he or they shall by sentenc or order of the court of magistrats be sould for a seruant or seruants, either into these English colonies or abroad, that due satisfac- tion (so farr as may be attayned) be made, as the court con- sidering the offenc w'h all the aggrauating circumstances shall judg meete. A letter from Greenwich was read to the court, w"h is an answer to that w"=h this court ordered to be sent to them aboute a yeare agoe, w'h w^^h answer the court declared them- selues much vnsatisfyed, and concluded that this letter should be answered by the gouernor iu the name of this court, our right to Greenwich asserted, and that the two present depu- ties for Stamford, Richard Law and Francis Bell, doe goe to Greenwich and deliuer the said letter, and in the name of this court require the number of their males from sixteene yeares old to sixtie, that they may be deliuered w'h the other males of this jurisdiction to y^ comission's at their next meeting at Plymouth, but if they doe deny or delay to doe it, they shall by warrant from this court be warned to attend a court of magistrats to be held at Newhauen the 25*^ of June next, to answer their miscariage therein, and if they appeare not, then Richard Crabb and some other of the most stubborne and dis- orderly psons shall be by some meanes, (W'h may be thought safe) seized at Stamford, or thereaboute, and sent to New- hauen to answer their contempt, proiiided that if in the meane time wee vnderstand by M^. Garret or otherwise, that they are owned by the State of England, and haue a pattent from thenc for the place, (w<^h wee beleiue will not be,) it may be further considered and ordered accordingly. 1656] JUBISDICTION OF NEW HAVEN. 177 The court vnderstanding that in some of the plantations the fandam*all lawes of the jurisdiction haue not bine attended, but that others beside free-men haue had libertie to vote in things of weightie trust and concernment, did now order that those orders be exactly attended, and none suffered to vote but free-men, unless it be in some pticuler cases wherein the proprieties of the planters in generall are concerned and ought not to be disposed of w'hout their consent. The Court vnderstanding that the towne of Millford haue called vpon Leiut. Treate to watch as other men, declared that [116] as leiutennant he ought || to be free for his pson, estate, and one house lot. It is ordered that no master, or other family gouerno"^ or pson, shall sell any seruant, male or female, of what degree soeuer, out of this jurisdiction, vnless it be into some of the other three colonies, w'hout leaue and lycense from the authoritie of that plantation to w<=h he belongs, vnder the penaltie of ten pound for each default. The Court was informed of sundrie disorders at Southold, as that y« jurisdictions lawes are not obserued nor towne orders regarded, but fences and gates lye downe and trespasses ar6 coinitted & the fines due in such cases not gathered, that diuers doe sell strong water w=h are not lycensed thervnto, by W'h meanes ther is much disorder, both amonge English and Indians, vnseasonable meetings of youth and also elder people in the night, w'h vnreuerent behauiour of diuers both young & old in the publique solemne assemblies, others sitting abroad in the time of the ordinances, and some comeing to them verey seldome or not at all, concerning w<=h the court inquired of the deputies of that plantation, who could not alltogether excuse these things, *-«h the court was sorrey to here, and declared themselues much vnsatisfyed therew'h, and that such things may not be borne withall in any plantation ; and there- fore agreed, that they should be certifyed to Southold w'h a manyfestation of the courts dislike thereof and there desire of a reformation, Wh. if not attended, the constables werenow ordered to binde such disorderly psons to answer it at the next court of magistrats. 23 178 RECORDS OF THE [1656 The Court was informed that there hath bine a question in some of ye plantations, whether when cattell be lost, (specially horses,) so that they haue not bine seene or heard of by the owners in a yeare or two yeares time, if in y' case they should bring them in to paye rates for them ; wherevpon the court declared that cattell (specially horses) be missing a yeare or two yeare, so that the owner know nothing but they may be aliue and well, they shall be brought in to the rates as such cattell so long missing, W^h if not after found, but that the owner sxiifer the loss of them, he shall be alowed so much back as he hath paid for them from that time, prouided that if the said cattell shall after a longer time be found and returne to the owner, he shall repaye such alowanc and be lyable to paye what further shall be due more then the two yeare alowed for. The buisnes aboute the planting of Paugaset, propounded at y« gen: court in October last, and in some pt assented to, was now againe in question, and what then passed being read, the magistrate and deputies for Milford objected against it, and M'. Prudden on behalfe of their towne declared that it would be verey prejudiciall to Milford seuerall wayes, so much as they could not comfortably cary on their occasions there by reason of the straightness of accomodations for comonadg for their cattail w^h they should suffer, by reason that Stratford Riuer and Newhauen bounds doe confine y" to so narrow a compass, all wh were duely considered, as also what Richard Baldwin and others concerned in Paugaset did say, or others on their behalfe, to take of the objections made; but after much time spent in many debates aboute it, the court saw that ther was not like to be a comfortable closeing betwixt them if the planting of Paugaset went on as had bine intended, wherefore it was propounded to both pties that those concerned in Paugaset would resigne their purchase to Milford, they pay- ing them for the same, and that all former differences may bee buried and forgotten, and that the towne of Milford would [117] II accomodate those of their towne that did intend to sit downe at Paugaset w'h comfortable accomodations for their subsistano. 1656J JURISDICTION OF NEW HAVEN. 179 Richard Baldwin for himselfe and the rest professed that it hath bine straightnes of accoffiodations that hath put them to stand so much vpon it as they haue done, but if they may be accommodated at MUford, so as they may but subsist in a comfortable way to maintayne stockes suitable to their families, they shall resigne the purchase to Milford, they paying them what they haue laide out. Millford men replyed that they had not wherew*hall to doe it, they haue no meddow to dis- pose of but some that is reserued for an elder, but Leiutennant Treate offered to giue seuen aCs of his owne meddow towards their accomodations. Richard Baldwin asked if they might not haue the free vse of that meddow reserued for an elder tUl it be disposed of to the Tse intended. M^. Penn said he should propound it to the towne and it is like it might be granted, but they could not iagage, and some of it is allready disposed of till ye time come ; so y' in the issue the court advised both pties to peace, and that those W'h intended for Paugaset would cease any further prosecution till they see what accoinodation will be granted them, and vpon satisfac- tion to resigne, «fec. ; but if their can be no closeing in this way, then the court declare, they must leaue the buisnes as it was in October last before they medled w'h it, but they rather desire a closeing in the way propounded and that no former things bee reuiued to prouoake one another, which; if any shall doe, the court cannot but be offended and must so declare themselues, and for Thomas Langden, if all consent but him, and he proue troublesome, the court will take a course either to quiet or remove him. A case propounded concerning widdow Plume of Milford, wherein she complains of wrong she hath suffered by fencing more then her due proportion, in the debate of w'=h buisnes the court saw cause to giue aduice that the land and fence wherein she is concerned be exactly measured and rightly pro- portioned, to each an equall share, and for so much it appeares she hath done aboue her pportion that she haue it taken off from her for the time to come, and that she bee paide both for makeing and maintayning of it for time past, and for any fur- ther consideration of their towne order aboute house lotts or 180 BECOEDS OF THE [1656 other fences, it may be considered at another season when things are better prepared. William Potter of Stamford informed the court that he is a weake infirme man and not fitt to trayne, and desires he might be freed, of whom the court now tooke notice and so judg him to be, and therefore declared that while this weaknes con- tinewes he shall be free from trayning, but if God recouer him to abillitie he is to attend that seruice againe. The Gouerno'' informed the court that he had receiued a letter from the Lord Protector, inuiteing the people of this colonic, or pt of them, if they shall see it to be their way, to remove to Jamaica, and also a cOpie of the instructions giuen by his highnes to Capt. Gookin, who is imployed to all y« col- onies for the furtheranc of that designe, w^h letter and instruc- tions were now read to the court, w'h some other letters from Capt. Gookin and y^ copie of a letter from Major Sedgwick from Jamaica, and also w'h what intelligenc Richard Miles brought from Capt. Martin, to whom he was sent to. inquire ; after which the deputies from the seuerall plantations were desired to let the court vnderstand what is the minde of their townes in this buisnes, and the rather some weekes since the seuerall plantations had notice of this motion, not onely by the printed paprs sent to them to be published but by other means also, and that an answer would be now expected from them. Much debate there was aboute this thing, and a serious weigh- ing and considering thereof, and though they cannot but acknowledg the great loue, care and tender respect of his highnes the Lord Protector, to New England in generall, and to this colonie in pticuler, yet for divers reasons they cannot [118] conclude that || God calls them to a present remove theither, though if they could haue found two men fitt and willing to goe w'h Capt. Martin to view, they would haue sent them at the charge of the jurisdiction, but that being hard and difficult to obtayne, must be defferred till another season, and for the present the court onely desired an answer might be sent to his highnes the Lord Protect©'', w'h all humble acknowledgm* of his great loue towards vs, wh they intreated the gouerno"^ to doe as he shall thinke fitt. 1656] JXTEISDICTION OF NEW HAVEN. 181 What was last yeare paid out of the treasury to the gou- erno'', secretarie & marshal!, is to continew this yeare also, and it was further ordered that the gouerno' and M'. Leete should haue each of them a man at the jurisdiction charge to attend their occasions at home, while they are abroad at the comission buisnes. The Court by vote declared that they free M'. Goodyeare from paying any jurisdiction rates for y^ yeare ensuing. The Court Tnderstanding that some part of William Bllits fine of forty shillings is yet behinde vnpaide, and that Rogger Williams of Milford before hee dyed, promised to satisfye the same, viz* twenty shillings to y« marshall at Newhauen, and what charge was to be paid at Milford, vpon which ingagm* of his, Ellit was released, it was ordered that the same to be paid out of his estate. It is ordered that a rate of one hundered and fifty pound shall be paide from the seuerall plantations in this jurisdiction in just and equall proportions, to the treasurer at Newhauen, the one halfe by the midle of October next, the other halfe by the midle of March following; in money or good merchantable beauour, at price currant, in wheat at fiue shillings a bushell, pease or rie at foure shillings a bushell, in beefe at two pence halfe penny a pound, and porke at three pence halfe penny, or if in barrells, then after the same proportion, salf & caske being alowed for, all w"=h is to be good and merchantable. The somes due from each plantation is as foUoweth, Newhaven, 56:. 02: 00. Milford, 32: 17: 00. G-qilford, 20: 05: 00. Stamford, 17: 14: 00. Southold, 12: 00: 00. Brandford, 11: 02: 00. 150: 00: 00. 182 EECOBDS OP THE [1656 [119] At a CotJET OF Magistrats held at Newhauen t« 26t>' June, 1656. Present, Theophilus Baton, Esqf, Gouernof. Mr. Stephen Goodyeare, Francis Newman, M'. William Leete. The Towne of Milfdrd, plant, j M'. Fenn, on behalfe of Mil- Henry Tomlinson, defefidi. ) ford, declared in an action of the case against Henry Tomlinson, that they had seuerall things against him, but should refferr them all to foure heads, First, he hath charged that the towne haue done him wrong. 2'''y, that they bought a house of him but neuer pd him for it. S'"?, that he hath much molested and disturbed the towne, causing many meetings and w*h-holding from them the quiet possession of that w"=h is their owne. 4''''y, that he hath broake the jurisdiction order in selling strong water at a greater price then is alowed, and wine and dyet at (as is con- ceiued) immoderate prises, whereby the towne sufferes and some haue said they neuer came at the like place for dearness. But first, to begine w'h the third pticuler, his disturbing and molesting the towne, in w^h the two first are included. After Bnsigne Bryan grew wearie of keepeing the ordinarie at Milford and desired to be freed, the towne were exercised where to gite another fit man, at last they pitched upon Henry Tomlinson and ppounded it to him, and after some debate he manyfested some willingness therevnto, but thought his owne house was not fitt, w<=h put the towne TponJ;houghts, either to fit his house or buy another more fitt & take his house of his hand also, and the towne appointed six men to treate w'h Henry Tomlinson aboute buying his house, and w'h Eichard Bryan, whose houge they thought fitt for that purpose if it might be procured ; so these six men did treate w*h the. said Tomlinson and bought his house of him for twenty three pound, Wh they appointed him to receiue out of the treasury ; after they treated w'h Eichard Bryan and his father, and bought Eichard Bryans house for sixty eight pound, to be paid 1656] JUEISDICTION OP NEW HAVEN. 183 in Tomlinsons house three and twenty pound, and forty five pound out of the treasury, and the said house was designed for an ordinarie, and Tomlinson possessed it and followed that imployment, and was to haue it the first yeare rent free, and after for such a moderate rent as should be thought fitt, and was to keepe in repaire both house and fences during the first yeare, yet after demanded repaires and additions to the house, w'=h occasioned sundrie debates w'h him and much trouble came to the towne by meetings, &c., and growing wearie thereof, sould the said house to William Bast and Richard Bryan, who ingaged to y towne that it should be for an ordi- narie, and if Tomlinson left it they would prouide another man, but.if he desired it and the towne accepted him in that imploym% he should if he would buy the house at the price they paid for it or else hire it for a moderate rent,, six pound a yeare was first demanded but after they would accept of fine pound a yeare, and what repaires was necessarie should be paid out of the said rent, but Tomlinson refused all and would neither buy the house, nor hire it, nor goe forth of it, nor keepe the ordinarie. This WiH: Bast and Richard Bryan testifyed to be true vnder their hands, and by the defendant was not denyed. [120] II Henry Tomlinson was called to answer, and though he made a large discourse, yet that W^h was matteriall to the case was, that he conceiued the house was his owne, and that there- fore he need neither buy it, nor hire it, nor goe forth of it, for he apprehends it was his in exchange for his house, and what was paid ouer was lent him by the towne to further him in that imployment ; he was required to proue, but said he had none, yet called Thomas Sandford, who testifyed against him in this pticuler, saying that the towne did absolutly buy goodman Tomlinsons house, but of exchange he knowes nothing, and the six men whom the towne appointed now in writing and Tnder their hands affirmed the same, & some of them now in court declared it was so, and Richard Bryan and his father also, w'h whom the bargaine was made, said the same, so that it is cleere that he had no cause so to apprehend; he was - asked wherein the towne of Milford had done him wrong, and 184 RECORDS OP THE [1656 how he can make it appeare that they haue not paid him for his house, but could say nothing to cleere it, and Ensigne Bryan now afirmed before him that he was paid the three and twenty pound for his house by him according to the townes order. For the fourth pticuler in breaking the court order in selling strong water at a higher price then theriu alowed, he could say nothing against it but that he had mett w'h many tempta- tions and had sould some according to order at three shillings a quart, but many testimonies were presented and many of them vpon oath, whereby it appeared that his ordinarie price of selling strong liqours had bine foure shillings a quart and dyet sometimes fifteene pence a meale, when very meane and sometime stinking beefe, not fitt for men to eate, and wine at two shillings a quart, raw and w'hout suger. He was further told that that w<=h doth aggravate his fault exceedingly is that when the magistrate told him of these things, warning him to take heede least he bring himselfe into trouble, he grew into a great heate and passion, and in a proud insolent way caried it to him as if he would haue flowen in his face, and turned from him in a scornfuU manner, saying if he had broke the court order he would answer it ; this was testifyed by William Bast and Richard Bryan, who were present and heard it. Henry Tomlinson was asked if he had any thing further to say and prove more then yet he had acquainted the court w'h, he said no. Wherevpon the court after declared that they haue consid- ered the action brought, and the seuerall things charged, and the evidenc giuen in, and doe truely wonder that in so cleere a case he would stand out and suffer it to come thus farr ; as for the two houses they see plainly, and evidenc is cleere for it, they were both bought by the towne. Hen: Tomlinsons at 23^, the other at 68', in part of payemt whereof, that at 23' was paide & accepted, but there is nothing he hath proued of any exeliange betwixt Rich: Bryan & himselfe, or betwixt him & the towne ; and that yet he should say he would neither buy it, nor paye rent, nor goe out, nor keepe the ordinary, the court cannot but looke vpon it as a willful!, offensive and absurd 1656] JURISDICTION OP NEW HAVEN. 185 cariage, and tlierfore they order, that Henry Tomlinson hauing y« first yeares rent free, for the rest of the time sine shall paye after the rate of fine pound a yeare, and for keepe- [121^ ing the ordinarie || still, if he would cary it well and giue content, walking in a humble, righteous way, they can be content, and giue it as advice to Milford that a litle further tryall may be made. For his charging of Milford to haue done him wronge, the court finds nothing that way, but many faire offers for his good, and for his vnjust molestation of them, causing many meetings and the charge and trouble now brought vpon them, many witnesses here attending, and for his proude insolent cariage to the magistrate, trampling vpon authoritie in such a manner, (a thing not to be borne,) that he make a full acknowledgm' at Milford, to cleere the towne and satisfye M^ Fenn, and paye for their trouble and charge tenn pound. And for his breaking the jurisdiction order in selling strong water contrary thervnto, that he paye as a fine to the jurisdic- tion tenn pound, w=h is less then the court conceives he hath gained in this vnrighteous way, an account being giuen in of eight anchors, but more is spoken of, W^h is left w'h the magistrate to inquire after Magistrals. M'. William Leete, ) George Wood, a seruant to M"". Goodyeare, was called, and what had passed at Newhauen court abonte a yeare since con- cerning him, for sundrie miscariages, were now read, and afterward M''. Goodyeare informed that this man George Wood, ypon Saboth day was seuennight, did make great dis- turbanc in his family, &c., a knife being missing, it was conceived by some in y« family that he had stole and was challenged for it, but he denyed and said he had it not and if they would not beleeve him they might search his chest, wherevpon Hope Lamberton went vp w'h him to see, and he opened his chest and tumbled things vp and downe, but so as if he would rather hide the thing then discover it, yet by pronidenc, she saw the haft of the knife, it being brass and very discernable, and came downe and told her mother, but George againe denyed it, and that w'h bitter cursing of him- selfe, wishing the knife in his heart blood if he had it, whereat Mf. Goodyeare being much troubled, told Geo: it was neces- sarie now that y^ thing shoiild be cleered and therefore some other should goe to see, wherevpon M'''^. Goodyeare went and he with her, and some body else, but when she came there he would not open his chest to let her see, saying they below would laugh at him, and she was faine to goe away as they came, W'h was a plaine mocke put vpon her, then M'". Good- yeare went vp himselfe and when he came George had throwne the things out of his chest aboute y"^ chamber, and bid him looke in Ms chest if any knife was there, when as he had taken it away and throwne it out at windowe, as himselfe after said. Hope Lamberton being by said there was a bagg w<=h had some things in it, he tooke vp a bagg and said here it is, you may looke in it, she said, nay, that is not the bagg, that I meane was an Indiaa bagg, he said he had no other, but affirmed it, and Mr'% Goodyeare looking amonge the bed cloathes found that bagg she ment, wrapped vp m a wastcoate in a pillow, and tooke it forth, but George Wood snached it out of her hand, then M^ Goodyear caught hold of it, and they both 188 BBCOBDS OP THE [1656 pulled to see who could get it, but at length Geo. Wood, see- ing he could not pull it out of M'. Goodyears hand, pulled it before him and fell downe and lay vpon it, and so shuffeled forth of it what he pleased and put in his breeches, and then rose againe and would haue gone downe, but M"". Goodyeare held him and would not let him, then he stroue much [123] II and got into another chamber where lay a heape of pease, and he pulled something out of his breeches and threw into the pease, w<=h M^. Goodyeare saw not and might haue bine concealed had not some other that stood by discouered it, and when they looked they found two siluer spoones, Wh when he saw his countenanc fell, and being asked whose they were, he said M'. Samuell Batons, W'h were the two spoones he was charged w'h last yeare, but then desperately denyed by him, euen w'h cursing himselfe, the markes of w"=h spoones, both y^ goldsmithes marke and the other, he had fyled of; so in the euening of that day hee was brought before y« gouernor who now informed that he considering his former and present miscariages, could not but coinitt him to prison, but then he first intreated that he might not goe, but that not preuayling, he fell to Tse other manner of cariage, and threatened that he would kill himselfe, or would kill or be killed, and refased and would not goe, that the gouernor was faine to send his owne servants to assist the marshall and to force him in, and cause irons to be put vpon him, yet he brooke the prison that night, and had not a watch bine set on purpose, it may be he might haue escaped. George Wood was wished to speake for himselfe ; he seemed sorrowful! and confessed all that was charged vpon him was true and that his miscariages haue bine very greate, and said he blessed God that hath thus discouered him and afflicted him, for by this he more sees his condition and hopes it will be a warning to him. The Court haueing considered of these miscariages, by way of sentenc declared, that George Wood be first set in y« pillory aboute the space of an hours, w'h a papr fixed to the pillory by him, declareing his miscariages, that after he "be seueerely whipt, that he and others may learne to feare such courses ; 1656] JUEISDICTION OP NEW HAVEN. 189 aud seeing he hath bine allreadie expelled out of this planta- tion for his miscariages, if securitie had not bine giuen for his good behauiour, but now falling againe into these and worse courses, as hath bine declared, stealing, lying, cursing him- selfe, threatening to kill himselfe or others, mocking his mis- tris, rebelling against his master and against the authoritie in y« place, and this on y« Saboth day after precious meanes injoyed, w*h further lying and athiesticall miscariages, fyling of ye markes of the spoones stoUen, one of w^h would haue bine death in some other place; wherefore the court judg him not fitt to live amonge them, but by this sentenc he is now banished out of this jurisdiction, & if after he is one put forth, he be found in it againe, death is to be executed Tpon him w'hout any further sentence, but because M'. Goodyeare hath laid out some money for him and it is fitt it should be repaide, they giue foureteene dayes time that he may take his opptunitie to sell him in any of the other colonies or take other course for his securitie, but till then he must lye in prison & in irons, that so future miscariages may be preuented while he stayes here. [124] At a Couet op Magisteats held at Newhauen foe ye JuEiSDiCTiON, Y" 15"i 8'h M°: 1656. Peesbnt. Theophilus Baton, Esq"^, Gouerno'. M''. Stephen Goodyeare, Dept' Gouerno'. Francis Newman, "j M^ . William Leete, > Magistrats. M'. Benjamine Fenn, ) Jeremiah Jagger of Stamford appeared to prosecute in an action of the case against Lambert Woodward, but hee appeared not nor any to answer for him, though he is ingaged in a bond of tenn pound for his appearanc ; wherefore the court ordered that the secretary doe write to Stamford to y^ constables there that if the said Lambert come theither they seize him or his estate to the valew of tenn pound, or else take standing secu- 190 EECOEDS OF THE [1656 ritie to that valew, to answer the case here or satisfye Jeremiah Jagger, and y^ same M'. Penn is to doe at Milford if he come there. Henry Peirson of Southampton prosecuted in an action of the case against M"^. Giles Siluester of Shelter Island, on the behalfe of John Cooper and Thomas Coopr of Southampton, and showed to y^ court two letters of atturney, one from Thomas Coopr to his brother John, and one from John Cooper to Henry Peirson, both to prosecute the said M^ Giles in this action; & j« said' Henry declared that M'. Giles Siluester imployed John and Thomas Cooper to bring a mare and two colts to y® noi'th sea wher he had a sloope to cary them to Shelter Island, which imployment (out of respect to him) they did accept and did their indeauour, but in bringing of them the mare being vnruley cast herselfe and dyed, and Capt. Siluester, whose the mare and colts were, sued Jonas Wood (of whom he bought them) for the same, and recouered against him, and Jonas Wood therevpon sued John and Thomas Cooper, and recouered the same of y™, and they doe thinke that M^ Giles Siluester should beare them out in it, being he imployed them. Giles Siluester answered that he neuer imployed y^ said Coopers in this seruice, but he comeing accidentally in the sloope w'h Thomas Yew to Northampton, Thomas Cooper came to him and told him that their were a mare and colts of his brothers at Southampton, and if he pleased he would bring them downe and get his bro: John to help him, and he replyed [125] if they were his brothers || hee would receive them if they brought them, and they went and brotight two colts and he received them and caried them to Shelter Island, but his brother would not owne them. Henry Peirson was told that what he declared is denyed, therfore he must make proofe, wherevpon he presented a testi- money of Thomas Yew vpon oath, wherein he testifyes that M"'. Giles Siluester went with him in y>= sloope to Northamp- ton, and said he was ordered by his brother Nathaniell to bring a mare and two colts to Shelter Island in case they were taken vp, w<=h they heard they were and put into the oxe pasture. 1656] JUBISDICTION OF NEW HAVEN. 191 and y« said Giles desired him to make ready the sloope to take them in, for, said he, I haue got goodman Cooper to bring them downe, and he brought two colt, w'h they received and caried to Shelter Island and deliuered them safe on shore, and that he heard Giles Siluester say the mare had killed herselfe and that his brother Nathaniel had lost more then this before now, but here was y^ increase. A testimony of John Ogden vpon oath was also giuen in, wherin he affirmeth that he being at Northampton went aboard Capt. Siluesters vessell to speake with Giles Siluester and found him in great hast to goe to the towne, he asked the reason and he said because he had spoken to goodman Cooper of Southampton to looke vp a mare w'=h his brother had bought of Jonas Wood, Hallifax, that he would gladly haue her and cary her home if she were found. Tow testimonies of Marke vpou oath were presented, the one by Henry Peirson, the other by M'. Siluester. In that Henry Peirson gaue in, Marke Meggs affirmes that he heard Giles Siluester say to Thomas Cooper, that he would faine haue him get vp the mare now the boate is here, for he knew_ his brother would faine haue her, and he promised paye for his labour, wherevpon Thomas Cooper told him he would his best if he could git his brother or another man to assist, for he could not doe it alone. In that giuen in by Giles Siluester, Marke. Meggs afiBrmes, ■ that being aboard y^ boate that M"". Giles Siluester was in at Northampton, and John and Thomas Cooper being there, he heard Thomas Coopr tell M^ Giles Siluester that his brothers mare and colts were y° in the oxe pasture, and Giles Siluester said, I wish I had them here, seeing we haue a boate to cary them ouer, for my brother would very gladly haue them at the Island, and Thomas Cooper answered. Wee will bring them downe if my brother will help me, and Giles answered, if they would he should be much ingaged to them. Further this deponent saith, that being at Southampton, goodwife Wood asked him to help downe w'h the mare and colts, he asked what mare, she said the mare and colts that Capt. Siluester bought of her husband, he replyed that Thomas 192 EECOEDS OF THE [1656 Coopr and John Cooper promised M^. Giles to bring them downe, but goodw: Wood answered that neuer a Cooper of them all should haue to doe with any thing she hath, for she was to deliuer y" to M'. Ogden. But by the testimony of John Howell, (whom goodw: Wood imployed w'h her owne lad to fetch this mare and coults,) it appeares that when they vnderstood that Thomas Cooper had order from Giles Siluester to take her Tp and haue her to him they left the buisnes. And Isack Willman vpon oath testifyeth that he was w'h goodw: Wood when she saw John and Thomas Coopr haltering this mare in the pound, but she said nothing to contradict them therein. [126] II And Ann White,, who seeing the mare fall downe when she killed herselfe, inquired whose mare it was, and goodwife Wood answered it was Capt. Siluesters mare w^h he bought so long agoe of her husband, sine Wh she hath had two colts, then she asked John and Thomas Cooper why they medled w'h her, and goodw: Wood answered that they were to haue them downe. A deposition of Thirston Eainer, and another of Ellis Cooke were giuen in, both affirming that the same day that the mare that is in controversy dyed, M^. Giles Siluester did imploye John and Thomas Coopr to marke the two colts that were left, and they did act accordingly, and while they were present they marked the said colts, or at least one of them. And Jonas Wood now being in court affirmed that the mare y' is dead, and now in question, was the very mare Wh hee sould and intended for Capt. Siluester, and that hee had recouered against John and Thomas Coopr in the court at Southampton the valew of the said mare and colts, Capt. Siluester hauing before sued & recouered the same of him in the same court. Giles Siluester said that these men came to him at north sea, and said that such creatures of his brothers were in such a place and they would bring them downe ; he answered if they would, he would be thankfuU and satisfye them, and to cleere it deliuered in three testimonies, wh are as foUoweth, 1656] jmasDiCTiON op new haven. 193 Mr. John Ogdea deposeth that he told Giles Siluester that he had spoken to goody "Wood to bring the mare to north sea, and she pmised to bring or send her theither or to Hog-neck, and M' Giles said he would haue the boate ready at north sea to cary her, yet he would doe nothing w^hout this depon' ; y^ next morning he meeting M'. Giles, asked him aboute y« mare, he said they will be here by & by, he asked who brought her, M' Giles said Thorn: Coopr & some body w'h him, he replyed to Giles, he had done very badly and goody Wood could not take it well that he had not spake w'h her, M' Giles said he hoped ther would be no hurt, he replyed I cannot tell, ther might for ough't he knew, he asked Giles if he had any order from his brother, he said no but he hoped it would be well enough, and hee said he had not done it but onely that Thomas Cooper preferred to help him downe w'h them and so he imployed y™. Edmund Shawe, aged aboute forty seuen yeares, deposeth, that being in company w'h Tho: Coopr, he heard him say that he told M''. Giles Siluester that his brothers mare is got vp in y« ox pasture at Southampton, and that Thom: Coopr proffered his seruice to M"^. Giles to take vp y« sd mare & bring her downe to y« north sea, and further saith, that being one of y^ jury men at Southampton vpon y« tryall of y^ said mare, w°h mare being kUled the coults were found by y^ jury to belong to Jonas Wood & not to Capt. Siluester. John Howell & his wife testifyeth that Tho: Coopr being at their house they heard him say that he profferred his seruice to Mf. Giles Siluester, to cary downe his brothers mare, for he said he would neuer goe to the deuill for a ma,re, he would tell the truth, & if he did pay for a mare it should learne him more witt then to proffer his seruice to a gentleman another time. [127] II W'=h being read, he was told that whether he or they spake first is not much matteriall, it is cleere by the testimo- nies giiien in both by himselfe & Henry Peirson, and now also by his oWne words, that he did imploye them and promised them paye, and therfore why he should not beare them out in it, (vnless he can proue any miscariage on their part,) must be considered. Things hauing proceeded thus farr, both plant, and defendt. were asked if they had any more to say in the case, and they said no. Whereirpon after due consideration, the court declared that w'h the actions that haue formerly bine in 25 194 • EECOEDS OF THE [1656 another court they medle not, the suit then not being betwixt the Coopers and M"'. Siluester, but by what now appeares y^ mare and colts were Capt. Siluesters, though not formally deliuered, and that Giles Siluester treated and agreed w*h John and Thomas Cooper to fetch this mare and colts, and after by his order they help to marke the colts, and he received them and caried them to Shelter Island, and though goodwife Wood imployed some others to fetch them, yet when ,they heard that John and Thomas Cooper were imployed by Giles Siluester, they desisted, and when she saw them halter the mare in the pound she witnessed not against it, and after when ys mare was dead she said it was the mare her husband sould to Captaine Siluester, and that the Coopers were to haue them downe. Wherefore ypon the grounds before mentioned, the seiltenc of the court is, that M^. Giles Siluester doe free the said John and Thomas Cooper from the sentenc of the court at South- ampton, in that action tryed there betwixt them and Jonas Wood concerning this mare & colts in question, and from the execution of y« said sentenc and all damages and consequences of the same, and that he paye the said John & Thomas Cooper for charges they haue bine at aboute this buisnes fiue pounds, leaning the said M'. Giles at libbertie vpon further euidenc to haue the case reueiwed, either here or elsewhere, or take any other just course for his releife as he shall thiuke fitt. It is agreed that a day of thanksgiuing shall be kept through the whole jurisdiction for the mercies of the yeare past, the first fourth day of the weeke in the next moneth, wh will be the 5*'' day of the moneth, and that that day fortnight shall be a day of humiliation, to humble ourselues for our sinns and prouoacations against God, and on behalfe of our native cuntrye, wherin also is to be remembred the state of things at Hartford, and in Plymouth colony also. M^ Goodanhouse propounded for a debt of thirty pound, due to him (as he saith) out of M^ Westerhouse estate, and showed an account makeing the same to appeare, but the court saw not cause to grant his desire, but they leaue it to Newhauen court, that if they see cause to let him haue ten 1656] JUEISDICTION OP NEW HAVEN". 195 pound of that Wh is in M"". Hudsons hand, giuing securitie to he answerable as occasion shall serue, and for y« rest that is m M'. Hudsons hand, they also leaue to them to issue w*h him, both in pointe of consideration or alowanc for it while he hath had it or shall haue it ia his hand, and for securitie for ye time to come, that the estate may the better be preserued for the advantage of the creditors. It is ordered that sider shall not be sould to Indians other- wise then wine, strong water, &c., and vnder the same penaltie if any doe. Newhauen Indians were w'h the court and desired them to lend them now in y« time of their feares three pound Of pow- der, they were told that they must remove themselues to the other side, where their owne land is, and not dwell here nere the l;owne, where they are disorderly and giue offence, and vpon their remoue thiether, (Wh they haue 7 or 8 dayes libertie for,) they shall haue three pound of powder lent them. [128] At a Gen: Coubt HstD at Newhauen for the Jueis- DICTION, THE 24t-h 12th M°, 1356. Present. Theoph: Eaton, Esq"", Gouemo^ Deputies. My. Stephen Goodyeere, Deput. Gou'. M^. Wakeman, Francis Newman, ) M^ Gibbard. My. William Leete, [ Magistrats. Eobt Treate, Mr. Benja: Eenn, ) Tho: Buckingham. M^ Kitchell, Mr. Chittendine. M^. Crane,, Sam; Swaine, The Gouernor informed that he had received letters from My. Rawson, secretarie to the Massachusets colonic, by order of that gen: court, w'h Wh this court is to be acquainted, and vnto W'h it is necessarie they should give answer. The letters were read, whereby it appeared that vpon the receipt of a letter from the gen court at Connecticote, and sundrie questions 196 EBCOEDS OF THE [1656 therew'h, (a copie where-of was also sent and now read,) aboute church affaires, the gen: court in the Massachusets haue appointed a Synod, or meeting of elders, to be in the beginning of June next, and haue chosen twelue of the elders of that colony, and desire this colony also to send some of their elders to the meeting, for the resoluing of these ques- tions and what else may be propounded, all w^h the court, w'h the help of such elders as were present, did seriously con- sider of as a thing of great weight and moment, and in the issue, considering the removeall and death of some of their elders, saw no cause to send any of the remaining elders of this jurisdiction, but concluded that their answer to the gen: court of the Massachusets should be as in this ensuing letter. Much Honnoured Gentlemen, Wee heard of some petitions and questions, at first vnwar- rantably procuried and presented at Connecticote, but since, Tnder the name of libertie, offensively if not mutinously pros- ecuted, and that the gen: court for that colony had desired advice or assistanc from yoi^selues therein. A letter by yo' order from M^. Eawson, dated October 22thj 1656, informes more pticularly ; it came to hand Nouemb' IJ"*, but the yeare was then so farr spent that it seemed inconvenient to call a gen: court ; they haue since mett and considered the contents, and though they approve yc^ readines to afford help when the case requires it, yet themselues conceive that the elders of Connecticote colony, w'h due assistance from their court, had bine fully sufficient to cleare and maintayne the truth and to suppress the boldness of such petition^'s, (according to a good president you gaue y« colonies some yeares since, in a case not much differring,) w'hout calling a synod, or any such meeting, wh in such times may prove dangerous to y^ puritie and peace of these churches and colonies. We heare the petition''s, or others closeing w'h them, are very confident they shall obteyne great alterations, both in ciuill gouerm' and in church discipline, and that some of them [129] haue procured or hyred one as their || agent to main- tayne in writing, (as is conceived,) that parishes in England, consenting to and continewing their meetings to worship God, 1666] JUBISDICTION OP NEW HAVEN. 197 are true churches, and such persons comeing ouer hether, (w'hout holding forth any worke of faith, &c.,) haue right to all church priveledges ; and probably they expect their deputie should imploye himselfe and improue his interest, to spread and press such paradoses in the Massachusets, yea at the synod or meeting. But though some in all the colonies affecting such liberty may too readily hearken and comply, yet wee hope the generall courts, who haue framed their ciuill polity and lawes according to the rules of Gods most holy word, and the elders and churches who haue gathered and received their discipline out of the same holy scriptures, will vnanimously improve their power and indeavours to preserue the same invyolably, remembering that in Christs concernm's, they that put their hands to y^ plough and looke back will certaynly haue cause to judg themselues ; yet considering how soone the church of Ephesus, (much coinended for her puritie and zeale,) left and abated in her first loue, and how suddenly those famous churches declyned, and thereby provoaked Christ to deprive them of their chuxch estate and priveledges, wee haue all much cause to watch and pray that wee enter not into temptation. The churches in this small colonie are sensible of an aiSict- ing hand of God, in the remove of M'. Whitfeld, and New- haUen ruling elder formerly, the remoue of M'. Hooke lately, and the death of M^. Prudden, so that it would be very incon- venient for them, (besids M"". Dauenports psonall vnfitnes for so long a journey in the heate of summer,) to send or spare any of their remaining teachiog officers to a seruice like to require much time ; but their elders haue pused the one and twenty questions, and dfawne vp their thoughts by way of answer, w"=h beeing read and considered by this court, are fully approued ; but they also offer them to yo' owne and to yo' reuerend elders due consideration, beeseeching the onely wise, holy and gracious God to bless the meeting, (w^hout whose speciall blessing, according to y^ present state & frame of things in Connecticote colonie, w<=h may soone spread further, such a meeting, if it hold, may produce sad effects,) to guide all consultations, and to order the success in all respects to 198 RECORDS OF THE [1666 his owne glory and his peoples good. Wh my due respects, I rest, Yoi^s in all seruice of loue, Theophilus Eaton, In the name and by order of y" Generall Court for Newhauen colonie. Newhauen, February 25"^, 1656. An answer to the forementioned questions, drawne vp by M'. Dauenport, was read and approved by this court, and ordered to be sent to y^ Bay, to the said meeting. To the law in prin't, concerning disturbers of the publique peace, as in y^ booke of lawes, fo: 35, this following clause is by this court added, & is to be obserued by the whole juris- diction. And for that designes or practises tending to publique inconuenienc and mischeife, are vsually mannaged by letters or writings in a cunning secret way, the conspirators or actors not thinking it safe to meete often, it shall be in the power of the gouernor, or any magistrate, or other officer where there is no magistrate, vpon just or probable grounds, to search or cause to be searched any mans house, study, closset, or any other place, for bookes, letters, wrightings, or any thing else, to discouer and preuent such danger, and the like in case of murder, theft, and other enormioss crimes, that wee may Hue a quiet and peaceable life, in all godlines and honesty, w"=h is the Yse and end of magistracy. [130] At a Court op Magisteats, held at Newhauen 25th 12th Mo; 1656. Present. Theophilus Eaton, Esq'', Gouerno"". Mr. Stephen Goodyeere, Dept. Gou'. Francis Newman, ) Mr. Benja: Penn, > Magistrats. Mr. "William Leete, ) John Tompson entered an action against the estate of M^. Jn° Roberts, which is in the hand of M^. Wakeman, and some 1666] JURISDICTION OP NEW HAVEN. (199 there is at Sea-Brooke in the hand of one Westall, and some at Roade Island, and declared, that there was a treaty of mar- riage betwixt the saide John Roberts and Ann Vicars, (who is now wife to him the said John Tompson,) which treaty pro- ceeded to a contract, now allmost foure yeares agoe, after wh he went to England and promised to come againe, w°h he hath not done, nor sent that they can heare of; b\it before he went away, he gaue what he had in this country to Ann Vicars, his espoused wife. Hee was asked when it was due, he said he apprehended when she demanded it. Hee was told, for what is in other places this court medles not, but w'h that wh is in this jurisdiction, and because the case concernes an absent man, they must be the more warye and act vpon cleere proofe in what they doe, and therfore what witnesses he hath he may produce, wherevpon he p'sented a testimoney of John Thomas, vnder his hand, dated 5^^ day 10'^ m" : 1656, as foUoweth, I, John Thomas, doe testify that M"". Jn° Roberts told me goeing to Millford, and at Millford, that whether he lined or dyed, he gaue all his estate that he had in Newhauen and at Roade Island, (in case he came no more,) to his contracted wife. ' Thomas Harrison, now in court, testify eth vpon oath, that he heard M^. Roberts say when he went away, that he had ■ given to Ann Vicars his whole estate in New-England, whether . he lined or dyed. Anthony Blcott also vpon oath afiSirmeth, -that he heard M'. Roberts say, both at water-side and aboard the vessell when he went away, that if he proued inconstant, or whether he lived or dyed, he gaue that he had here to Ann Vicars, and she might goe to them, (meaning M'. Wakeman & M' Ling, whom he intrusted w'h his estate,) and take what she would. The Court considered of the case propounded, and of the seuerall testimonies as they are presented, and declared that they finde that it depends mainly vpon his proveing inconstant or vpon his death, and as Jn° Thomas saith, if he came not againe, in all wh they are yet vncertaine, also they finde no direction giuen to them intrusted, to alienate the estate from M"". Roberts to her, except (if need were) to supply something for her present vse,,nor can they judg it rationall that he 200 EBCOBDS OP THE [1656 should giue away his estate in such a manner from himselfe, therfore the court ("wthout any prejudice to his right) must leaue it till more full light appeare, and beside, by what some haue said, it is questionable whether the estate here doth belonge to M^. Roberts, or to his mother. Richard Baldwin informed the court, that there hath bine some wines and liqoxirs brought into Millford by William [131] East, w^h hath || not paide custome according to order, for w=h he was warned to answer at this court but appeared not, the reason was giuen that because of some present weak- ness of body he is not able to come, but M^. Penn informed that he hath written to him to acquainte the court that he either forgott it or did not know the order, both Wh cannot be true, nor neither in case of the liqours, for he hath paide custome for wine formerly, as John Browne and Samuell Cooley affirme vnder their hands ; and for the liqours he was told by Richard Baldwin, who bought some of it, that he must paye the custome, but he refused, and that Ensigne Bryan replyed to Rich: Baldwin, whateuer he saith he must paye it. It was demanded how much it is he hath thus defrauded the jurisdiction of; it was answered that they finde first, three pipes of wine and fifteene anchors of liqours, but they heare of six pipes of wine more. The court considered of the case, and because he is not here, they pass no sentenc at present, but order that securitie be taken of him to the valew of the goods mentioned, that so he may answer it at the next court. Serjant Fowler also informed that James Roggers hath brought in some liqours and not paide custome for them. James Roggers being present was asked how much it was, he said two or three anchors, but part of one of them is still in his house, but was told that custome should haue bine paide for them all; hee said also that he had informed Ensigne Bryan, the treasurer of their towne, of them, that he might receive the paye in accounts betwixt them, but ensigne said he remembers it not, nor could James Roggers now say that any such thing had bine accounted for, though sine that time accounts haue bine made vp betwixt them, nor did produce any other proofe to show he had either paide or so giuen it in, 1657] JUEISDICTION OP NEW HAVEN. 201 and M'. Fenn now said, that hearing of it he told James Roggers that he must answer for his said neglect ; but because he might also haue liberty to cleere matters if he can, the court at this time did not pass sentence in the case, but ordered that James Roggers doe also giue securitie to the valew of the said liqours, to stand to the courts sentence when it shall be declared, the takeing of W'h securitie in both cases is referred to M^ Penn. At a Court op Magistrats held at Newhauen for the Jurisdiction, the 25"» 3"^ M°: 1667. Present. Theophilus Baton, Esq'", Gouerno''. M^. Stephen Goodyeare, Dept. Gou'. Francis Newman, ) My. Benja: Fenn, S Magistrats. M^ William Leete, ) John Vffoote was called before the court, and charged w'h comitting fornication w*h Martha Netleton, w<^h was his fathers seruant, and first was read what had passed at a former court, when his wife and he was deuourced, and he was told that he might obserue thereby how carefuU the court was to doe nothing in that buisnes but vpon. cleere ground, Wh they had then from himself, that he was not fitt for that relation, neither w^h that woman nor w'h any other, and judged so himselfe y' he neuer should be fitt, w<=h was also confirmed by his father. Now it is a strange thing, that after all this he should miscary in this manner. John Vffoote confessed that he had coffiitted filthyness w'h this woman, Martha Netleton, and that she was w'h child by him, and professed he was sorey for his sinn therein comitted against God, but yet desires the court to consider the case, [132] being before (though by his owne fault) || deuourced for insufficiency, w^h he hopes might in time haue appeared otherwise, if his wife had caryed it toward him as she ought, but now findeing the neede of that help, was by y« power of 26 202 RECORDS OP The! [165T temptation and corruption in his owne heart ouercome, he desired the court would be fauourable to him, and yt he might haue lihertie to marry this woman Martha, w^h is his fathers desire also, as Rogger Terrill who is appointed by his father did now declare to the court, and goodman Netleton, the father of the woman, being pi^sent desired ye same also. Martha Netleton confessed that she hath comitted fornica- tion w'h John Vfifoote, and is w^h child by him, W^h was in Nouemb"' last ; she was told there are some suspitions that she hath caryed it ill w'h some other pson, but she denyed it and said she is as innocent in that case as the child new-borne. The Court hauing considered the case did declare, that as things are now represented to them, they thinke ho is not Tncapeable of marriage, howeuer things haue passed formerly, w<=h they intend to inquire after. The fact now coihitted they thinke deserues corporall punishment, but considering she is w'h child, and as they vnderstand hath some faynting fitts and so may be apt to receive hurt by it ; they haue considered his case also as it hath bine presented, and by way of sentenc doe order, that John Vffoote paye, as a fine to the jurisdiction, tenn pound, and that Martha Netleton paye, as a fine to the jurisdiction, five pound, and if further miscariage be proued hereafter, they must expect to heare of it againe, and for the marriage, the court is willing that attending the law in that case, and proceeding in a sober way, they may marry so soone as they shall see convenient for y™ ; but she and her father were told that they haue heard what hath passed concerning formerly, and yet notw^hstanding by this tlieir desire they show that they judg him a man fitt for that relation, and therefore how-euer things may proue, they haue no cause to make any more questions in that case; they all declared themselues satisfyed in that pticuler. An inuentorie of the estate of Humphery Spinning, late of Newhaue deceased, was presented, amount, to two hundered and ten pound two' shillings and fine penc, taken y^ 29th of Septemb', 1656, prised by Eichard Myles and Henry Rother- ford, and by them testifyed vpon oath to be a true apprisment, at a court held at Newhauen ye 6"> of the llt^ m°, 1666, and 1657] JURISDICTION OF NEW HAVEN. 203 Humphery Spinning, kinsman to y^ deceased, and Lettice and Mary his two daughters, vpon oatli affirmed that it is a true and full inuentory according to their best light & knowledg, onely ther is some desperate debts, aboute 7^, 10% and a house at Oyster Bay not in y« former apprisment. An inuentorie of the estate of Thomas Wheeler,, late of Newhauen deceased, was presented, amount, to 196' : 03:08, taken the second day of the 11"' m°, 1656, prised by Mathew Gilbert and John Wakeman, and by them testifyed vpon oath to be a true apprism* according to their best light, at a court held at Newhauen y^ 6"i of 11"> m°, 1656, and Elizabeth Wheeler, the widdow of y« deceased, vpon oath affirmed that according to her best knowledg it is a full and true inuentorie of her deceased husbands estate. [133] II The last will and testam* of M^ Peter Prudden, late pastour of the church at MilLford was presented, made the 26'h day of July 1656, witnessed by his owne hand, and declared to be so in y« presenc of Timothy Baldwine, Eichard Piatt and John Browne. An inuentorie of the estate of the said M"". Peter Prudden was also p"'sented, amount, to nine hundered twenty foure pounds eighteene shillings & fiue pence, grised by AUexander Bryan and James Roggers, and by them testifyed vpon oath to be a just apprism' according to their best light, at a court at Milford y® I"' of Decembr, 1656, and Mf'^. Joanna Prudden, y« widdow and executrixe of y« deceased, vpon oath affirmed that it is a full and true inuentorie according to her best knowledg, except some reckonings betwixt the towne of Mil- ford and she, that at present could not be cleered. This inuentorie was taken 2"* Septem: 1656i An inuentorie of the estate of Rogger Williams, who lined at Milford, was pJ'sented, amounting to 29': 05: 00^, and therin attested by the secret:, that at a court held at Milford y« 2^ of Septem: 1656, AUexander Bryan and Richard Bryan affirmed vpon oath that this is a true copie, taken out of y« originall and that y« originall inuentorie was valewed justly to the best light of the apprissers, witness AUexander Bryan, Robert Treat. 204 RECORDS OP THE [1657 Prom Stamford was pi'sented the last will and testament of Eobert Hussted senior, made the 8"i day of July, 1652, Wh is confirmed by his owne seale, and witnessed- by Richard Orabb and William Newman; legally proued at Stamford it^^ Nouem' 1654. The last will and testament of Elizabeth Hustis, late of Stamford deceased, was presented, made the 16"> of October, 1654, confirmed by the marke of her owne hand, witnessed by Richard Mills and Jeremiah Jagger, legally proued at a court at Stamford y<= 20"! Nouembr, 1654. An inuentorie of the estate of John Chapman, late of Stam- ford deceased, was presented, taken y^ SO'ii January, 1655, amount, to 270^ : 17^ : OS^, prised by Richard Law and Francis Bell vpon oath, as is therin certifyed. An inuentorie of the estate of Robert Rugg, late of Stam- ford deceased, was presented, taken y^ 29t'» January, 1655, amount to SOW 06: 02'', prised by Richard Law and Francis Bell Tpon oath, as is therein certifyed. Some differehc betwixt James Mills, M' Goodyeare, M^ AUerton and M'. Larebee, was presented to the court, but after by consent w'hdrawne and referred to a private deter- mination. « Edward Jessup, planf. | Edward Jessup declared that Rich- Richard Or abb, defendf. \ ard Crabb hath taken vp a mare of his Wh had bine marked w*h his marke two or three yeare, and hath added another marke,' and hath giUen away pt of the said mare to Abraham Frost to recouer the other part. Abraham Frost, atturney for Richard Grab, owned the takeing vp the mare, and being in question was advised to giue her some other marke, w^h they did by cutting her tayle, and at first he denyed that he had one pt to recouer the other, but that it was freely giuen him ; he was told it is true he was advised by the constables at Stamford to giue her some by- marke, as cutting a few haires or the like, but he had cut the tayle quite off, w=h they neuer intended, and that is the worss because it is the marke that Rich: Grab giues his other horses. Both pties were told that the court can doe nothing in this case but vpon proofs, and therefore if they haue any evideno 165t] JURISDICTION OF NEW HAVEN. 205 they may produce it. That the mare Avas taken vp by Richard Crab or his agent and thus marked is confessed, and seuerall [134] II testimonies were presented by Bdwa: Jessup in wri- ting, wh makes it probable that the mare might be his, and that Abraham Frost was to haue a pt of y^ mare and increase, to recouer y^ other pt for Richard Crab. Abraham Frost also pi'sented one testimoney W^h saith this mare was like goodmau Crabs, and another that saith it was like y« mare that goodman Crab discribed to him to be his. But more fully to cleere the buisnes Edward Jessup brought Joseph Mead of Stamford, (who was his agent and imployed by him and did marke this mare for him,) as his witnes, who did now in court affirme vpon oath, that when Edward Jessup and his mother widdow Whitmore went from Stamford to live elswhere, they left two mares at Stamford and desired him to take care of them, and he did vse what care he could in it, and these two mares and their increase he obserued from time to time, yeare after yeare, haueing many occasions to goe into the woods, and this pticuler mare now in differrenc she did keepe w*h the other colt that was a companion w'h her seuerall yeares, they two being together he obserued them when they were sucking colts and also before they were a yeare old, and seuerall times in the yeare, and obserued how the cuUour wen£ on, and can safely say that this mare, w'hout any question or scruple in his conscienc, is Edward Jessups. Further to strengthen this testimoney it was affirmed now in court by some of Stamford, and some testimonies in writing were showed to that purpose, that Joseph Mead is a man well experienced in the knowledg of most mens horses aboute Stamford, and is much imployed by others to looke vp horses for them, and is judged to be one of the ablest in towne for that purpose. Abraham Frost said that when Joseph Mead marked this mare for Edward Jessup, he was wished by the constables at Stamford not to doe it, and the constables now said that they wished him to forbeare at present. Both pties hauing spoken what they would in the case, the court declared, that they haue considered the case as it is pre- 206 RECORDS OF THE [1657 sented, and according to their best light this mare in question seems to be Edward Jessups, but because it is but one witnes that speakes punctially to it, and that there is possibillitie of mistake & the mare was marked by Joseph Mead against advice, therefore, if w*hin a yeares time Eichaxd Crab or any other bring in better evidenc, they shall be heard and the case againe considered, notw'hstanding what is now done, and that Richard Crab paye Edwa: Jessup for charges forty shillings, but if Edwa: Jessup shall w'hin the yeare before mentioned remove the mare out of this jurisdiction, he shall put in stand- ing securitie to the full valew of the said mare, to be answera- ble for the same if better proofe be made and to paye back the forty shillings againe w<=h he received for charges also. The buisnes concerning William East, aboute the custome of wines and strong liqours, Wh was in question the last court of magistrats, was now againe spoken to, and Richard Bald- win further informed that he had told M'. Fenn thereof before any account was giuen in or taken, w^li was at goodman [135] Fletchers || house, as Richard Bryan and Joseph Waters now af&rmed, and M^ Fenn denyednot, w<=h informa- tion he thought himselfe bound by the law to giue in, and therefore expects the benifit of the law thereby. The quan- titie is still found to be the same as was before spoken of, that is, fifteene anchors of liqours and three pipes of wine and six pipes of wine, nine in all, onely it was now said, and Samuell Cooley affirmed, that some of that wine was neuer landed at Milford, but drawne out aboard y« vessell into smaller caske and sent to Yergenia. William East was not present, but Edward Camp on his behalfe said that at that time no body was appointed at Milford to receive the customs, and none called for it and he forgot. He was told his saying he forgot excuseth him not, and if none were appointed he should haue gone to the magistrate or treasurer and informed and made entry, w°h might haue showed he intended not to defraude, and he cannot plead ignoranc because himselfe hath saide that he hath formerly bine carefuU to paye customs, w^h implyes that he was not so carefuU now. The buisnes being thus farr debated, was left at present and no sentenc con- cluded therein. 165T] JURISDICTION OP NEW HAVEN. 207 The like case concerning James Roggers, in question at the same time, was now called vpon, but none was here to answer, and M' . Penn informed that there is tenn or twelue pound in Bnsigne Bryans hand, w^h is securitie for him till it may appeare what the sentence of the court is, w'=h will also be lyable to answer the same. Some question concerning Henry Tomlinson w^h did keepe the ordinarie at Milford, aboute his not glueing in a just account for wine and stronge liqour he hath drawne, W'h was vnder consideration by the court of magistrats in June last, was now further iaquired into, and M^ Penn who was then desired by the court to looke after that buisnes, presented an acc°' farr exceeding what the said Hen: Tomlinson had giuen in, wh was then but eight anchors, but now by the account ther appeares to be thirty one anchors & a halfe of liqours, y« 8 anchors giuen in before included, and foure pipes & one quarter of sack, and seuen hogsheads of white wine and claret, part of w<=h it seemes he hath since owned to be due from him because he hath paide to the treasurer, as he hath giuen it vnder his hand, twelue pound for excise of wine and liqours, but the whole some of the quantitie before mentioned, at 6= 8^ an anchor for liqours, and forty shillings a pipe for wine, is twenty six pound, beside the forfeiture according to the law, seeing he gaue it not in according to order, and had it not bine inquired after, it is likely the jurisdiction had bine defrauded of it. Henry Tomlinson said that after he was gone from Milford, he desired M'. Bryan to paye it, and left estate in his hand to doe it, and 12' was pd and he thought it had satisfyed. He was asked if he gaue the account in vncalled for, or rather when he heard it wolild be questioned and saw the danger like^to come then gaue it in ; he said he remembers not that any spake to him aboute it, but M^. Penn said that Ensigne Bryan told him that Tomlinson gaue in no account to him, nor any ord"" to paye the forementioned some, but he ventured to paye it and questioned not but he would paye him againe, Tomlinson said that Ensign Bryan could cleere it, and therevpon was told, that seeing ensigne is not here, the court will respite the sentence, prouided that he put in securitie 208 EECOBDS OF THE [1657 to attend this court vpon due -warning to answer this matter in question, w^h he said he would indeauour to doe, and Jere- miah Osborne now before the court ingageth himselfe and estate to the valew of fifty pound, that Hen: Tomlinson vpon due notice giuen shall attend this court to answer in this case Tnder consideration. Thomas Hopewell, an Indian that inhabits at Brandford, was complained of for glueing rayling, threatening words to [136] seuerall psons, as John |j Whitehead, Francis Bradley, Samuell Ward, Josias Ward, and goodwife Williams and her sonn, saying he would knock some of them ith' head, stab some of them at the heart, meete w^h them in the woods, or one time or other, and then let them looke to it, he hath also accused to goodw: Williams, Francis Bradely for beiag naught w*h his wife, and after denyed it againe, but being examined and seuerall writings read by way of testimoney, witnessing his miscariages, he could show no just cause for such words or cariage, but said he had no witnes here to cleere him, where- vpon he had libertie to send for them, and he was told vpon securitie he might haue his libertie, but fayling of that he was coinitted to prison in the meane time.. After a conuenient season of wayting he was called before the court againe, but no witness appeared to cleere him, onely he accused the wife of Richard Harrison for giueuig him some ill words, w<=h he requited w'h worss, both which the court witnessed against, and told him that if he can cleere himselfe of all or any of these charges he hath libertie, at last he confessed that he had done fooleishly and said he was faulty in the pticulers men- tipned, and promised amendment, wherevpon M"". Crane, John Whitehead, Fran. Bradley and Richard Harrison, who were present, declared themselues satisfyed so farr as to make a tryall for a time, and the court told Thomas the Indian, that the miscariages are very great and such as may not be borne, and had it bine an English-man he would haue bine witnessed against in another manner, but vpon his confession and promise to walke inoffensively hereafter, the court will spare him and also make a tryall for this time, and so vpon his payeing his 1657] JUBISDICTION Off NEW HAVEN. 209 fees for imprisonment, & other charges if it be required, he may haue his libertie. John Beard and his wife Hannah, -wh was foi-merly the wife of John Vffoote, was called before the court, and she was told that the court hatla heard sunderie reports of lier ill cariage, w*h w<=h they are much vnsatisfyed, and pticulerly that she did not cary herselfe as a wife towards Jn° Vffoote when she -stood in that relation to him, but hath w'hdrawne that loue and respect w<=h she ought to haue showed, and hath showed more familiaritie and content in y^ company of others then was meete and comely for one in that relation. It is reported that vpon marriage day to Jn° Vffoote, she should say that she was resolued to keepe herselfe a maide for one yeare, and there be more then one that say that John Woods reported' this, that his wife then lining at Milford heard her say so. Hannah Beard said that she remembers it not. John Vffoote who in this case complained as haueing bin wronged by her, presented some testimonies to the. court, w<^h were read, wherein M'"'^ Ferman, Elizabeth Hinde y« wife of Tho: Hinde, and Isabell Langden the wife of Tho: Langden, doe joyjtttly and seuerally af&rme that they heard gOodwife Beard say when she was Jn° Vffoots wife, when a fast was kept at old Vffoots house, I did not fast, but filled my belly as full as I could^ and when they prayde one way I prayde another way. This Hannah Beard acknowledged was true, and said it was her great sinn for w'^h she is sorey ; she was told it is a high pvokation of God, and that w<=h sheweth a prophane spirit in her, beside the discouery of her spirit ia refferrenc to John Vffoote who was then her husband. This fast was kept [137] to seeke God to fitt him for his duty toward her, || but it geemes she had no desire that should be obtayned, but rather that he might continew ynable still, (if it were so,) that she might thereby wringe herself from him, for when they prayd God to fitt him, she praide otherwise. Thomas Hinde, his wife, and goodw: Langden doe testifye they heard the said Hannah Beard say, that if she was pted from John Vffoote, she would quickly be married againe, and also that they heard her say at another time, when she was 27 210 RECORDS OF THE [1657 Jno Vffoots wife, that John Vffoote was a foole and she gould make him say what she listed. These things were fully proued, and she denyed them not, and was told that the car- riages doe show that she had no wife like affection to John Vffoote, wh might make him say as he did ; and John Vffoote now said that she told him if he would confesse himselfe insufficient, she would line w'h him halfe a yeare longer, and in that time he hoped it might appeare otherwise, whereby he was drawne to say as he did, but it was his great sinn, hut y« said Hannah denyed that euer she said so to him. Another writeing frohi M^'^. Ferman was read, wherein it is testifyed that she heard goodw: Beard say, when she ^as John Vffoots wife, that it is a pittious case that she must line w'h one tl^at she did neuer loue. The court told her that they haue heard of some vnsuitable carriage w'h other men, and in pticuler one that My. Hudson can speake to, who was called, and affirmed that while this woman was Jn" Vffoots wife, he being occasion- ally at Milford in the winter time, some snow being newly fallen, and he not very well, wanted a horss to come home, he mett w'h a sea-man, whose name he desirs to conceale, that told him that he could help him to one, and he had him to John Vffoots ; they went into the house and this young man asked for his wife, he said she was not at home, she was gone to Newhaven, they sat downe a while and tooke a pipe of tobaco, and in that time she came home and there was such mutuall familiaritie betwixt this sea-man and her as he thought was vnseemely and he was troubled at it ; the man was knowne to be loose and vayne in his life and conversation, and his cariage a greife to his relations, but she called him brother, and he called her sister, and there was some whispering betwixt them, holding their faces neere together, manyfesting much intimacy, and when they were come forth he asked him how they came so familiar, he said he vsed to frequent the house, but the magistrate heard of it and threatened him, and then he durst goe no more, but then they improued ye night season, and went into the meeting house and discoursed together. Goodw: Beard was asked what she said to this, she owned what was said was true, onely that aboute the meeting 1657] JURISDICTION OP NEW HAVEN. 211 house she denyed, but said that the generallitie of her carriage hath bine vnsuitable for a wife, yet she had bine no hinderanc to him in way of conjugall duty, wherevpon some other testi- monies were read, formerly taken by Capt. Astwood, brought then to cleere his sufl&ciency and her refusall, for y« first Obed Soward, Francis French and some other affirme, the pticulers whereof modesty suffers not to mention, but y« summ is that it showes an appearanc of his sufi&ciency before marriage, for the second, viz*, her refusall. Thorn: Langden vpon oath aflSrmeth, that lying at goodman Vffoots one night in the chamber ouer y^ roome where Jn° Vffoote & his wife lay, he heard them discourse together and heard her say, if he would not let her alone, she would goe out of y« bed and lye in ye floore, after he spake to her of it, she owned y« words, but gaue this as the reason, that her husband would' not let her [138] haue any cloathes to couer || her. This was the night after the day of humiliation had bine at goodman Vffoots. Edward Camp now in court affirmed, that he lay one night at goodman Vffoots, in the chamber ouer the roome where John Vffoote and his wife lay, and when they were in bed he heard say plainely, stand away, let me alone ; some body laye w'h him whom he asked the reason of this disturbanc, and he said alass that was nothing to what they sometime haue. M''. Penn said that he hath heard that sometime ther hath bine such disturbance as the old man hath bine faine to rise out of his bed and call to y", and wish his daughter to attend advice. Goodwife Beard was told that these things doe make it prob- able that she hath willfully refused to doe her duty to her hus- band, but she would not owne it. M'. Hawley, brother to y« said Hannah Beard, now informed the court, that M"s. Ast- wood told him, that her husband Capt. Astwood told her, that Jn" Vffoote hath said ther was no blame one her part; Wh is no maruell if he should, seeing she hath said he was a foole and she could make him say what she lists. Richard Baldwine, being desired by her and her brother, had libertie to speake, and informed that she yeilds herselfe guilty of much euill and of mmj vnworthey and vnsuitable 212 RECOEDS OF THE [1657 cartages for one in such estate as she was, (and feares she may "be culpable of punishm* thereby,) specially before the courts counsell to her, but after she yeilded her-selfe and sought help from him, but Eogger Terrill who spake for old Vffoote said that the night after the courts admonition, she refused and run out of bed. M^ Fenn said old goodman Vffoote spake to the same purpose, and Thomas Langdens testimony lookes that way, being the night after y^ humiliation, and for her seeke- ing help of him, Jn° Vffoote saith that one time she spake something that way, but it was in scorne. The Court hauing heard these seuerall passages, tooke the matter into serious consideration, and doe conceiue that the . former deuource, in respect of them wh procuried it, seemes to be a horrible sinn, and goodwife Beard hath cause to lay it sadly to heart, for the scope of the proofe seemes to runn that way as if she did refuse her duty and befooled him and drawne him to say what she listed, to force herselfe out of his hand. And were the thing fully proued, it could be no less then death, for he that puts away his wife, except it be for fornica- tion, and marries another, cofaitts adultery, and the same law is in case of y« woman. But vpon the proofe as it is, the court doth judg that it deserues to be punished both w'h fine and corporall punishment, but considering of Hannah Beard as a wife and subject to some weakness, w=h the court would not increase, therfore they shall pass it w'h a fine, and seeing she did receive of Jn° Vifoote formerly thirty pound for wrong done by him to her, w^h now appeares otherwise, that she therfore repaye him that thirty pound back againe, and for the charge and trouble the jurisdiction hath bine at in this buisnes, that she pay ten pound as a fine to y^ jurisdiction, and that she make a full acknowledgm', both here and at Milford, of her miscariages as it hath now appeared, and if after any further fact be proued, the court must take the matter into consideration againe and possibly come to another sentence. Goody Beard now before the court and many witnesses owned her sinn and acknowledged herselfe guilty of these miscariages as hath bine related. [139] II Mf. Hudson informed the court that vpon some 1657] ^ JURISDICTION OP NEW HAVEN. 213 damages suffered by John Charles in his boate, Henry Glouer & himselfe attached some goods of the said Charles his, in y^ hand of John Youngs of Southhold, w=h is now brought to New-hauen, w<=h is as is found Tpon tryall, eight pound ten shillings two pence in wampom, and 5 yards f of trucking cloth, course and braided, W^h he desires they may haue order to dispose of; wherevpon the court ordered that vpon their putting in securitie, that if Jn° Charles or any for him appeare and show cause to the contrary they will be answerable for it, they may haue it, w<=h securitie he promised should be giuen in. At a Couet op Elections held at Newhauen for the Jurisdiction, y^ 27"' op y^ S^ M", 1657. Theophilus Baton, Esq"", chosen Gouerno"'. M'. Stephen Goodyeare, is cho: Dept: Gouerno''. Francis Newman, ^ M"". Benjamin Fenn, > cho: Magistrats. Mr. William Leete, ) The Gouerno'' and M''. Leete are chosen Corriission''s, Fran- cis Newman a S^ man, in case any of the other should be hindered"by Gods prouidenc. Frances Newman chosen Secretarie. M'. Wakeman chosen Treasrirer. Thomas Bamberley chosen Marshall. At a Generall Court held at Newhauen fob y" Juris- diction, THE 27''li OP THE THIRD MoNETH, 1657. Present. Magistrats. Deputies. The Gouerno'^, M'. Wakeman, ) -.j , M^ Goodyeare, ' M^ Gibbard, \ Newhauen. Francis Newman, Thomas Welch, \ ^.,„ ■, M^ Leete, William Fowler, \ ^^-^i^^o^^- W. Fenn, / 214 BECOEDS OF THE [1657 Mi^. Chittendine, ) ariiiford George Hubbard, j Leiutt Bud, onely for Southold. Le"iu?enTswaine, } ^^andford. A question was brought before the court concerning some fence in differenc betwixt Thomas Buckingham and widdow Plum of Milford, aboute their home lotts, w=h was debated and in the issue Thomas Buckingham declared y' he would maintayne halfe the fenc in that line betwixt their lotts, be it more or less, and for the outside fenc, he will make and main- tayne it so farr as he sees it may be for his conveniency, and Kichard Baldwin, who appeared for his sister y« widdow Plum, [140] promised that what || old fence were of hers on the out- side should not be taken away, but she was to be at no further charge aboute it for the future, w'h w°h agreem' the court were satisfyed and desired them to line in peace and loue, as neighbours ought to doe. It was propounded that the price of strong water might be raised to foure shillings a quart, because those that drawe "it complaine that they cannot make themselues moderate gain- ers at 3= 6<^, there beeing not much aboue. eight gallons to be drawne out of an anchor, w<=h costs them sometime fine pound. The court considered of what was propounded, but saw no cause to alter or raise the price, but did now order, that if any man shall sell any caske of liqours in this jurisdiction for an anchor w'^h conteynes less then tenn gallons, he shall paye double the valew of whatsOeuer is wanting, w^h shall goe to him that should haue bine deceived thereby. And for small measures, as quarters of pints, if they wh are alowed to drawe doe sell that after the rate of foure shiH a quart it shall be accounted no offence, because by drawing such small quanti- ties there is much wast. Eichard Baldwin propounded that he might hire of the jurisdiction the customs and excise' of such wines and strong liqours as he should drawe and sell by retayle, and offered fine pound a yeare for it, but the court told him that they 1667] JUEISDICTION OP NEW HAVEN. 215 should not let it so, for it came to neere fifteene pound last yeare, but if he thought good to giue ten pound for this yeare ensuing he should haue it, "vV^h he tooke time to consider of and then returned answer that he would so take it. A complainte was brought from Stamford of the excessive price of shooes and boots there, and some instances were giuen, as six shillings for a paire of shooes of the tenns", and thirty shillings for a paire of bootes, as good as Wh may be bought here for twenty shillings, wh the court thought was great oppression and that some course should be taken aboute it; and therfore did now order, that those shooemakers be informed that if betwixt this and y^ court of magistrats in October next they doe not giue satisfaction for what they haue done amiss ye time past, and reforme for time to come, that then they attend the sd court, and come prepared to answer their mis- cariages herein, and that those offended or wronged iny* towne, &c. come prepared to charge and proue. Old M^. Swaine, M'. Crane, Samuell Swaine and Lawranc Ward were chosen deputies for Brandford for the yeare ensu- ing, and haue y® same power cofaitted to them as they had y« last yeare. Eichard Law, John Waterbery and George Slawson were chosen deputies for Stamford for the yeare ensuing, and haue y" same power as the deputies there had formerly, as expressed May 54, fo: 62. ' ' ' Mr. "William "Wells and Leiutennant Jn° Bud were chosen constables for Southold for the yeare ensuing, and haue the same power as the constables there had the last yeare. And for the ease of the deputies and constables at Stam- ford and Southold, it is ordered, that a marshall be chosen in each towne from yeare to yeare, to be helpfuU to such officers in such worke as is suitable to him, in Wh choise the court adviseth that things be so caried as one man may not be allway burdened and others freed, vnless the towne shall see cause to giue them a just alowanc for the same, and- if any man so chosen shall refuse to execute y« said marshall place, he shall paye such fine as this gen: court shall see cause. [141] II The deputies of Stamford presented a papr to the 216 EECORDS OP THE [1667 court, wherein is declared the ingagment of the inhabitants of Greenwich to submitt to this jurisdiction, Wh is as foUoweth, At Greenwich y^ 6'ii of October, 1656. Wee the inhabitants of Greenwich whose names are vnder written, doe from this day forward freely yeild ourselues, place and estate, to the gouermeut of Newhauen, subjecting our- selues to the order and dispose of that generall court, both in respect of relation & gouerment, promising to yeild due sub- jection vnto the lawfuU authoritie and wholesome lawes of the jurisdiction aforesaid, to witt of Newhauen, &c. Angell Husted, Peter Ferris, Lawranc Turner, Joseph Ferris, John Austin, Jonathan Reanolds, Richard Crab, Hanc Peterson, Thomas Steedwell, Henry Nicholson, Henry Accorley, Jan, a Duchman, ooinonly called Varllier. And they are to fall in w% Stamford, and be acc°ted a part thereof, and from y^ time of their submission they are freed from rates for one whole yeare. A petition was presented from Jeremiah Jagger of Stamford, wherein he desires the court to release him of his bond wherin he stands bound to the jurisdiction for his good behauiour, and to remitt his fine then laid Tpon him (as himselfe confes- seth) justly for his miscariage. The court considered j" motion and vpon inquirie vnderstood from the deputies of Stamford that his cariage hath bine orderly and to their satis- faction, wherevpon the court did release him from his said bond, but for his fine they shall at present forbeare it, but not wholey take it off. Abraham Frost, who at present lines aboute Stamford or Greenwich, presented a petition to the court desiring some releife from them because he is very poore, haueing lost all by the Indians aboute a yeare and a halfe agoe, his wife and chilldren taken captives but after brought to this jurisdiction, where they haue lived sine in a poore and meane way. The court considered the case and ordered that ten bushell of Indian corne, or the valew thereof in other corne, be pd to him from Stamford, wh to be alowed them in their rates. Wheras it is expressed in the law that forty shillings a but or pipe shall be paide to the jurisdiction for all wines retayled, 1667] JURISDICTION OP NEW HAVEN. 217 the court thinkes that French wines should paye a less quan- titie, and therfore did now order, that but ten shillings a hogs- head shall be paide for all French wines retayled, and so for greater or lesser quantities in proportion. It is ordered that those that are appointed in each towne to receive the custom and excise of wines and strong liqours, shall haue 12'' for euery twenty shillings Wh they ireceive and pay to the jurisdiction, for their care and paines therin. From Stamford it was informed that it is very inconvenient for them to be tyed to appeare at this court of magistrats in May, vpon the second day by one aclock, and therfore the desire that the appearance of any from their towne, when they haue occasion, may be vpon the third day at one aclock, w^h was granted. The conclusions of the comission'^s, at their last meeting at Plymouth, were now read, wherein sundrie things are [142] comended to || be considered by this court, w^h accord- ingly were done, and therevpon the court haue agreed to desire M''. Dauenport, M'. Higginspn and M"^. Peirson, to gather vp the most remarkeable passages of Gods prouidenc w'^la. hath bine obseruable in these parts since their first begin- ings, Wh may be a help toward the compyling of a history of the gracious prouidences of God to New-England, w^h the comission''s desire may be attended to. It is ordered that no Quaker, Eanter, or other Herritick of that nature, be suffered to come into, nor abide in this juris- diction, and if any such rise vp amonge ourselues that they be speedily suppressed and securied, for the better prevention of such dangerous errours. It is ordered that no horss, mare, or any of that kinde, be sould to any Indian or Indians, nor any boats or vessels, can- nooes excepted, or any tackleing belonging to, or suitable for the same, vnder the penaltie (in both cases) of fiue times the valew of what shall be so sould. It is ordered that if any searman, or other, bring any pson into any towne or plantation in this jurisdiction, w'hout leaue, and that the place accepts not of them to inhabite there, they 28 218 EECORDS OF THE [1667 shall be forced to cary them away againe, that the plantation be not troubled or charged wth them. Leiutennant Bud informed that there are some poore people, aboute twelue in number, come into their plantation from y« Island, where they haue suffered much hardship, and they cary it orderly and well, but are in great want, their towne hath bine at some charge w'h them and doe desire the juris- diction to be helpfuU to them in this time of their neede. The court considered of it and ordered that fine pound be alowed to them in corne or otherwise, as may suit their _^neede, to be pd by Southold and set of in their rates. According to an order formerly made, it is now againe agreed and desired, that the accounts of the jurisdiction may be kept vpon record, in a booke for that purpose, and that the entry may begine in y« yeare 1652, and so forward from yeare to yeare, for w°h a just recompenc shall be alowed to y« "secre- tary or any other imployed to doe the worke.* " A petition from Jn° Mead was presented, desiring the court to remitt the fine of tenn pound laid vpon him for his mis- cariage last yeare. Also a petition from William Mead, on behalfe of John Eichardson, that a fine of ten pound laide vpon him for his wines miscariages may be abated. The court considered of both, and agreed that halfe of each shall be abated, prouided that the other halfe be forthw*h paide, other- wise the court will consider of it againe. What conclusions of the coinission'^s are yet to be recorded shaU be entred in one of y« new bookes that came last yeare from England. It was inquired how the order made last yeare aboute horsses for troopers, and doggs, and prouissions for the milli- tary company haue bine attended in each towne, but all the plantations were found defective except New-hauen and Mil- * The accounts of the jurisdiction, " as they were giuen in by Francis Newman, treasurer, from y« latter end of the &'^ m», 1652, till y» beginning of the 4i> m", 1653," are recorded in a thin, parchment covered volume, which also contains other records of various dates and of a very miscellaneous character, among others the " deeds & other writings recorded at the desire of Mrs. Bathshua Davids, [Dixwell,] & the allowance of the county court." It is believed that these are all the jurisdiction aooounts now extant. 1657] JUEISDICTION OF NEW HAVEN. 219 ford, -wherevpon they declared that they thought it just that the fine of fiue pound ordered in that case should be paide by euery plantation yt hath not attended order therein, but no vote could be obtayned in the case. [143] II That order in the printed booke of laves concerning the proportion of buUits or shott wh euery souldic should be furnished w'h, was thought defective, and therefore whereas mention is made of 24 buUits fitt for the gunn, the court declared that where their shott is in buUits, if it be not muskit bullits but their gunn smaller and buUits suitable, then they shall haue the weight of foure and twenty muskits bullits in the same. In the law concerning farmes, it is expressed that all farmers that Hue aboue two myle from the towne shall the freed from traynjng, except twice a yeare ; the court now orders that one man in each farme be freed, but the rest to trayne as others doe, and they also that are so freed to trayne twice a yeare at such time as y^ millitarie officers shall appointe, but all of them to be fixrnished w'h compleate armes, pc^, &c. The Court vnderstanding that some Indians haue got sider and made themselues drunke w'h the samej did order that no sider be sould to any Indian, otherwise then strong liqours may be sold, & vnder y^ same penaltie. Concerning some farmes neere Southold, at a place called Hashamamock, aboute whome Barnabas Horton, one of y constables last yeare, hath written to know whether they be of yB jurisdiction or no, the court declared that they that lined ther formerly submitted themselues to y^ jurisdiction and they desire these may also, and be as a pt of Southold, and attend orders, and receiue ptection as other planters doe, but if termes are to be propounded, as Leiutent. Bud informed, then those conditions must 'be vnderstood before an answer can he fully giuen. It was propounded that the court would thinke of some way to further the setting vp of schooles, for the education of youth in each plantation, for though some doe take care that way, yet some others neglect it, w^h the court tooke into considera- tion, and seeing that Newhauen hath pvided that a schoole 220 EECOEDS OF THE [1657 master be maintayned at the townes charge, and Milford hath made prouission in a comfortable way, they desire y« other townes would follow their example, and therfore did now order, that in euery plantation where a schoole is not allready set vp and maintayned, forthw^h indeanours shall be vsed that a schoole master be procuried that may attend that worke, and what sallary shall be alowed vnto such schoole-master for his paines,^one third part shall be pd by the towne in generall as other rates, the good education of chilldren being of pub- lique concernm*, and the other two thirds by- them who haue the benifite thereof by y« teaching, of their chilldren. The charge of three men imprisoned last yeare vpon suspi- tion of stealing some wampom from Barnabas Horton, wh came to fifteene shillings, is to be pd to the marshall by the treasurer, and y« same is to be received againe of Major Masson in account, who was written too to stopp so much of their wages, w<=h was due to them for their seruice w'h Capt. Youngs in the colonies occasions. It is ordered that all rates and fines and other accounts due from each plantation be made vp euery yeare before the court of election, that so the treasurer may haue time before y'' gen: court sitts to make vp his accounts fitt to be audited by the deputies. The Court was informed that the stock of po^ for the juris- diction is verey short and had need to be supplyed, wherfore it is now ordered that the barrell of po'^ oweing by M^. Grood- yeare be called for speedily, and that the treasurer vse the best meanes he can by the first opprtunitie to procure two barrells more. It was propounded from Milford that the court would take [144] some || course that the keepeing of such multitude of hoggs may be prevented, but at present nothing concluded in it. Some lead in the hand of one a at Milford was to be bought, if it may be had at a moderate price, for the jurisdic- tion, if not, he may sell it as he can, but not to cary it forth of y® colony. It is ordered that a rate of two hundered pound shall be 1657] JURISDICTION OF NEW HAVEN. 221 leuyed from the seuerall plantations in this jurisdiction, in due and equall proportions, according to their estates, w<=h is to be paide to the treasurer at Newhauen, the one halfe by the banning of October next, and the other halfe by the latter end of March following, halfe of it in money, or beauour at currant price, or in good merchantable corne, w<=h is to be wheat and pease, or a third wheat, a third rie and a third pease, at fine shillings p bushel wheat, and foure shillings p bushel pease and rie, and the other halfe in corne or flesh, as ordered last yeare, or other paye as may satisfye the treasurer and answer the jurisdictions occasions. And whereas objec- tion is made by some that corne at this price is too deare, the court agreed to leaue it w'h the treasurer, that where he sees cause to abate, and so necessarie loss comes, he may put it to account and it shall be alowed. The proportion of each plan- tation is as foUoweth, From Newhauen — 72 : 16 - 09. Prom Milford —45: 12: 04. Prom Guilford —27: 05-07. Prom Stamford" — 24 - 02 - 07. Prom Southold, —15-13-11. Prom Brandford,— 14 - 08 - 10. 200 00-00. What sallaries were giuen to the gouernor, secretarie and marshall the la;st yeare is to be pd to them this ensiling yeare also. The buisnes concerning Paugaset, w<'h hath formerly bine vnder consideration, was now againe reviued, and Kichard Baldwin informed that those w^h haue interest in Paugaset haue propounded some termes to Milford vpon w^h they would willingly submitt themselues to the jurisdiction and be as a part of Milford, at least till it is thought fitt that they should be a village of themselues, but they haue not bine accepted. The court desired to know what those conditions were, w=h he gaue in writing, Wh the court considered of, and thought them reasonable, w'h something added Wh they acquainted him w'h, and to w<=h for himselfe and the rest he 222 RECORDS OF THE [1657 consented, and therfore vpon the fermes hereafter expressed, they desire Milford and they may joyne in a loueing way, but if Milford refuse, it is like Newhaven will accept them. 1. First, that they haue libertie to buy the Indians land behinde them that is ouer Naugatuck Kiuer and not toward Newhauen bounds, and also aboue them northward vp into the cuntrye. 2. Secondly, that according to the number of psons ther interessed, they shall beare their equall share of men which shall be pressed to any publique seruice. 3. Thirdly, that they be free from all such rates w"=h pticu- lerly concerne the towne of Milford, payeing the jurisdiction rates, and to the maintaynanc of the ministrie at Milford so long as they injoye the same, and a share toward the magis- trate when Milford shall agree vpon any alowanc to that end, and their part of common charges aboute the meeting house [145] for the future while || they stand a pt of Milford, and to beare their share toward the killing of woulues and foxes, and if there be any other questions hereafter w^h is not now thought of and determined, it shall be considered and issued by this generall court, as also how long they shall continew a pt of Milford or Newharen, and when it is fitt they should be a village of themselues. The bounds of their land w*h refferrenc to Milford is agreed, that toward Milford, betwixt their purchase and a brooke now called Steepe-hill brooke, running into" Paugaset Riuer, a deuission be equally made runing a line eastward, the one halfe, next Milford, to lye to Milford comon, and the other halfe, next their purchase, to goe to them for common; also to runn a line from their purchase, thereaboute where their houses stand, cross to the line betwixt Newhaven and Milford where it is conceived it will meete with Paugaset path, or thereaboute, and then deuide it in the midle north and south, and leaue that part to Milford comon next Newhaven line, and that part to Paugaset that is next them. Preedome from rates for some cattell for a time was propounded, but not granted at present. 165t] jurisdiction op new haybn. 223 At a Court of Magistrats held at Newhauen 30'^ 4*'' M", 1657. Present, Theophilus Baton, Esq--, Gou'. M'. Stephen Goodyear, Dept: Gou'. Francis Newman, J Mr. Benja: Fenn, > Magistrats. Mr. William Leete, ) Goodman Addams, a man that came to worke at the iron worke, who is in treaty of marriage w'h widdow Bradfeild of Branford, whose husband dyed aboute two yeares agoe and left her w*h two chiUdren and an estate amount, to some-what aboue ninety poixnd, as the inuentorie makes it appeare, for w^h part belonging to y^ children he was required to put in securitie before marriage, but refused because y« said estate is much wasted since it was prised, ptely by the fall of cattell, and ptely by other meanes, therefore he desired that the estate may be againe viewed and according to this last valewation the children might haue their pts. The court was slow to alter the f»rmer inuentorie, yet granted libertie for a review of the aprisement, w'=h when it is done shall be duely consid- ered, and hee shall be informed what may be done in ye case, and tUl this be done hee" promised not to proceede to marriage as he had thoughts to doe before ; he was told Ypon securitie giuen to stand to what the court shall doe in y^ case, he may marrie before, but he chose rather to forbeare. John Ferris was called before the court and charged w*h the sinn of beastialitie, and for proofe thereof a testimony of Henry Accerly, taken vpon oath, afi&rmed to the same before Jn° Ferris. [The testimony is omitted in publication.] [146] The Court haueing seriously considered of this matter as it is presented, and haueing aduised w'h ye elders and re- ceiued their judgment in the case, did declare that it is a most abominable sinn, and by one witness proved to be the full act of beastialitie, and were there another witness or other 224 EEOOEDS OP THE [1657 evidenc to confirme it, could be no less than death ; his owne confession is that he attempted it and drew out his member to that purpose, thx)ugh he saith his owne conscienc con- demned ye sinn as odiouss, and caused him to w^hdraw, W^h the court beleeues not, but thinkes he did or would haue pro- ceeded further if the discouery made not preuented; but takeing it in the most spareing way according to his owne confession, that it may be an example of terrour to others, the sentence of the court is, that he be seueerly whipt here at Newhauen, and after, so soone as he may be fitt, againe whipt in ye like manner at Stamford ; that a halter be here piit aboute his neck, wh he is allwayes to were vissibly, w'hout hideing or putting it off, and that at his perill, till this court see cause to alter it ; that he paye twenty pound as a fine to ye jurisdiction for the charge and trouble he hath put them to, this court beeing called on purpose to attend this buisnes ; that he paye all charges here to the marshall and others, and at Milford and Stamford, to Henry Accerely, or any other pson, that neither the jurisdiction nor others may suffer loss by such leud persons ; and that till he haue his second cor- rection at Stamford, and this fine be payde or securitie given that both may be pformed and other charges defrayed, he remaine in safe custody as a prisoner at Stamford. William Meaker entered an action of defamation against . Thomas MuUenner, and declared that seuerall piggs of Thorn : Muleners dyed, it seemes in a strange way, and he thought them bewitched, and said if any more dyed he would vse somes meanes to make discourey, and he did cut of the tayle and eare of one and threw into the fire ; his maide said he knew who he ment, goodman Meaker ; he said he had heard something of him. George Smith informed that himselfe is wrapt vp in the [147] same || case, and desires it may be considered, and that he hath also charged him w'h milking of the heards cowcs, W^h is a great wrong to him. Thomas MuUenner said he knew not of any piggs tayle or eare burnt, yet said it was a meanes vsed in England by some honest people to finde out witches, but if it was naught he 1657] JUBISDICTION OP NEW HAVEN. 225 desired to see it, wherein hee seems to grant the thing he denyed, and M'"^ Mnllenner did owne that it may be the tayle or eare might be bnrned, but Eobert Deny and Stephen Peir- con, servants to Thomas MuUenner, both affirmed, that after some of the piggs had dyed in this strange manner, their master said that he feared tliey were bewitched, and if it went on he wotild trye what he could doe to finde it out, and when their was but one left, and that sick, he brought the pigg to the fire and cut off the eare and tayle and threw it into the fi»ej and after put the pigg vpon the fire till it was dead, and after he fell into discourse of this againe, and said that he feared some of h^is neighbours are not very good, and the maide said, she knew who he ment, goodman Meaker ; hee said that he had heard something of him, and because he charged hJm w*h breaking open his fence, therfore he hath done this to his I«ggs. M '» Mullenner said she heard her husband say so much as showes that he thought the piggs were bewitched, but she beard him not charge WiHm Meaker nor any other man w'h it, and Thomas MuUener owned that it was so in his thoughts, and that he said if he lined amonge neighbours, or neere neighbours, he should thinke they were bewitched. For that part of y« charge concerning George Smithes milking the hoards cowes, it did appeare by the testimony of both his servants that he had spoken words to that purpose, for Geo. Smith early one morning fetching his ownes cowes out of Thomas MuUenners yard, .where they had bine milked two nights before as straye coves, MuUener hearing y= gate goe, turned out and saw him, and said, he will not leaue his old trade, and he is vpon his walke allready, and ono iimajeeing aboute thirty cowes of the heard left behinde in the woods^t night, hee said, if George Smith knew of them he would haue them brfore he slept. Many other debates passed, but in the issue what had passed at Newhaven court before, aboute ynrighteousnes in markeing andworkeing other mens cattell, &c., were read, and vpon a due consideration of all together, this court declared, that they agree w-h what Newhaven court then concluded, and therfore that he put in secuntie for bis 29 226. EECOEDS OP THE [1667 good behaviour for the future in these and the like cases, or remove himselfe to some other place. The takeing of Wh securitie is referred to Newhaven court the third day of the nest weeke, and also the issuing this matter betwixt Wiiim Meaker, Geo : Smith, and him. They pfessed now, it is not his estate they seeke, but a reformation and the cleering of their names, in w"=h they have bine much wronged by him. Leiutennt. Nash and Abraham Dowlitle now informed that they had heard these matters betwixt them, and if Thorn: MuUener would but have come vp to any reasonable acknowl- edgm', even to y^ very suspecting himselfe in these cases, it might haue bine ended, but he would not. [148] At a Couet of Magisteats keld at New-hauen FOE ye JUEISDIOTION, Y^ 21'^ OF THE S'h MONETH 1657. Present. Theophilus Eaton, Esq"", Gouerno'. Francis Newman, J M"". Benjamin Fenn, | Magistrats. My. William Leete, ) William East of Milford was called before the court and told that there hath bine a buisnes long depending in court concern- ing him, aboute his not payeing custome for wine and strong liqour he hath brought in according to order; two courts allready it hath bine called vpon, and what passed thea-^as now read, whereby it appeared that ther were nine pipes of wine and fifteene aoiohors of liqours, but now William East said that Three of those pipes, and thirteene anchors of liquors he had given in and paide for, and two of the six pipes last brought were drawne out aboard' into smaller vessels, not landed but sent to Vergenia. He was told none of it were giuen in nor paid for till after complainte was made, and ther- fore it saues not the forfeiture, Hee confessed he neglect- ed his duty in not giueing in according to order, but he did not intend to deceaue or defraude the jurisdiction, but was told that must not be received for an answer in such cases. 1657] JURISDICTION OP NEW HAVEN. 227 The court liaueing considered of what had before passed at two courts, w'h what was now said on both sides, and being willing to show as much tendernes as they may justly in the case, did agree that for the liqoars and three pipes of wine Wh were pd for, (though not seasonably,) yet they shall pass them by w'hout forfeiture, and for the two pips he saith were drawne off aboard and sent away, yet it is vnderstood one of them was sould to Eichard Bryan and not entered, and so might be required as forfeited also, but they pass that as the other, but for the foure pipes that were landed and sould, and no entry nor payement made, they cannot but de- clare, according to the law in that case, that they are forfeited, and being valewed at twenty pound a peece they come to foure score pound. The one halfe belongs and must be paide [149] to Eichard Baldwin || the informer, and the other halfe to the jurisdiction, and that the attachment w^h is vpon fifty poimd of William East estate at Milford remaine still vpon it till the generall court iu May next, this court being willing, vpon his desire, to forbeare the jurisdictions part till then, and for Eich: Baldwins part, it was said he hath it in his hand allready. William Bast said now, that fine pipes of wine were brought in by Ensigne Bryan at the same time, w'=h were not entered no more then his, to cleere w^h Ensigne Bryan was to be warn- ed to the; next court qf magistrats. William East was told there is a sad fame spread abroade of his excessiue drinking and. drunkenness, so that people as they goe in the street doe say, that Serjant East was drunke yesterday before^ ten a clock, and now he is drunke againe to day allready. Hee said he dares not say he is cleere, but is sorrey he hath giuen cause for such reports. He was told he hath now a blacke eye, and whether it came not by some such course he best knowes, of w<=h he said nothing to cleere himselfe, yet said he had some distemper w<=h fell into his eye. Some of Milford being present, as Eichard Baldwin, William Fowler and Steuen Preman, were called to speake what they know or have heard in the case ; but first M' . Penn, the mag- istrate, said that he thinks he hath bine twice dealt w'h at Milford for drunkenness. 228 RECORDS OP THE 1657] Richard Baldwin said, he could wish he had less to say in this matter, he hath heard from the Duch by a sujBficient man, that his cariage ther was exceeding gross, that the Yergenia men and sea-men would scoff at him and reproach religion for his sake, saying. This is one of yo"^ church members, but some answered. No, but he is not, for he is cast out for such courses ; and for his cariage at Milford, he hath scene that w<=h hath bine a trouble to him, and hath warned him not to come to his house, observing that he sorted himselfe w'h loose and vnsuitable company, and was giuen to drinke too much, and to be distempered thereby, and so farr as that others W^h haue scene him haue judged what they have scene by him to be signes of drunkenness, and he hath heard others w°h haue come from William Easts house, say. He is in a high streine, and he hath got a cup to much, and the last weeke he went to Chesnut Hill, and in his returning one mett him and saw his face bloody, and caried it so in words and gestures as the ptie that saw him thought him to be drunke. William Fowler said he hath heard comon reports of his beeing drunke, but one morning goeing into the back-house, there came in some sea-men and they said, Serjant East was drunke yesterday and he is drunke againe to day allready, and that was aboute nine a clock in the morning. Steven Freeman said it is comonly reported that he is often distempered w'h drinke, but for his pt he sees him but sel- dome, and so cannot speake of his owne knowledg. William Bast was asked if iie would haue the pties that haue spoken aflfirme what they haue said vpon oath, or rather, wheth"^ it were not better, if he know himselfe guilty, to con- fess and not add this to his other sinns by causing them to [150] take an oath in || vayne. He desired not their oath, but confessed he had bine giuen to drinke two much too fre- quently, and it hath bine his great sinn, but he hopes they shall heare of it no more. The court told him they should be glad that it might be so, but for this miscariage, as it is proved and confessed, the sentenc of the court is, that he paye hue pound as a fine to the jurisdiction, and if hereafter he fall into the like sinn againe, he is to be set in the stockes 1657] JURISDICTION OF NEW HAVEN. 229 at Milford and to be bound ouer further to answer it at y^ next court of magistrats. A buisnes depending aboute James Eoggers, concerning three anchors of liqourSj wh he brought in and sould and made no entrie or payem' according to order, W'h hath bine Vnder consideration two courts before and respite giuen for him to cleere himselfe, w<=h he hath not done, nor did he, nor any for him, appeare now to doe it, wherfore the court de- clared, that the three anchors of liqours are forfeite, or the valew of them, and ten or twelve pound, Wh is staled in Ensigne Bryans hand for securitie in the case, is to be paide, halfe to the jurisdiction treasurer for y<= jurisdictions occasions, and the other halfe to the informers, w<=h is betwixt M' . Fenn, William Fowler, and Richard Baldwin, as they shall agree amonge themselues. John Waterberey of Stamford desired advice of the- court, his father in law and mother are both lately dead at Stamford, and hath left some small estate w'^h they gaue to him, as himselfe and his wife can testifye, and he now brought Henry Jackson of Fairfeild who in writeing declared some thing as a ground why the estate should belong to him y* said Jn" Wa- terberey, w^h writiag he had againe ; but by all he was told ther is not a full evidenc to cleere the estate to him, though it is likely none may haue more or so much right as he, ther- fore it were best that a true inuentorie be taken of the estate and he may be admitted administrator vpon securitie put in that right may be done, if any appeare, w'hin the time lymit- ed by the order, w'h can show a better tytle then he can. Joseph Mead of Stamford, who stood ingaged for a fine of ten pound for his sister the wife of Jn" Richardson, and John Mead, who stood indebted for a fine of ten pound for himselfe, the halfe of w^h in both cases the court in May last abated, and now they brought two cowes, Wh they desire may be accepted in full satisfaction. The court told them that thpy came not to so much, for they were prised at Stamford but at eight pound tehn shillings, w«h they owned, but in fauour to them they desired that the court would accept them and 230 EBCORDS OP THE [1657 acquitt the said fines ; of w^h the court considered, and agreed to doe it, and so they were discharged. ^ Isack Hall, Thomas Weeden, John Brookes, and Mary Hitchcock were called before the court, and the said Isack was charged with writeing a papr, publishing a marriage intended betwixt Edward Neale and Mary Hitchcocke, and the said Thomas set it vp vpon the meeting-house, wher such [151] things vseth to be sett, and || yet ther was no such thing, w<=h is the publishing of a lye, a high contempt of authoritie and an. abuse of the generall courts order. They both confessed their miscariage, as they had done before at Newhaven court, and now petitioned for fauour to be showed to them. John Brookes was blamed that he suffered this to be written in his house in the night, and did not witness against it as he ought to haue done, and Mary Hitchcock knew of it yet acquainted not her master, nor tooke any other course to stopp it, she said she thought they would not haue set it yp ; but both them were passed by w% a reproofe and warning to take heede of such cariages hereafter, but for Isack Hall and Thomas Weeden, the court ordered that they sitt in the stocks one houre, and that they make a publique acknowledgmt*of their miscariage in some towne meeting or otherwise, when called to it, and if hereafter they doe the like, they must expect more sharper dealing. A buisnes aboute Henry Tomlinson W'h hath bine long depending, concerning his drawing wine and strong liqours, when hee kept ordinarie at Milford, w'hout glueing account thereof according to order. What had passed formerly were read and he called, but Jeremiah Osborne, his securitie, said he was sick and could not come, but had appointed i^erjant Fowler and himselfe to answer on his behalfe, and showed a writing under his hand for that purpose, and Serjant Fowler presented a papr wh he writ as Tomlinson informed him, showing what wine and liqours he had drawne at Milford, w=h they rested not in, but by the account formerly giuen, ther was thirtie one anchors & a halfe of liqours, foure pipes and one quarter of sack, and seuen hoh of white wine and clarret ; the excise of w<=h comes to six and twenty pound, 1658] JURISDICTION OP NEW HAVEN. 231 twelve pound of w^h he hath paide, though not according to order, yet the court will not recall that againe, but for the rest, W'h is foureteene pound, w'=h comes to y« valew of seuen pipes of wine at forty shillings a pipe for drawing, is by the law forfeite, or the valew thereof, w^h is at twenty pound a pipe one hundered and forty pound, w'h the the court declared is due for Henry Tomlihson to paye, in pt of W'h Jeremiah Osborne, his seeuritie in fifty pound bond, must paye the same w'hout delay, onely if he bring Henry Tomlinson in pson hither, it is like there may be some forbearanc', wh he prom- ised to doe. [Here the record ceases to be in the handwriting of Francis Newman, and what follows, to the middle of page [283,] is in that of William Gihbard.] [152] At a Court op Elections held at Newhaven fob THE JURISDICTION, THE 26"i OF MaT 1658. Mr. Francis Newman chosen Gouerno'^, M'. WiULeet chosen Deputy Gouerno', M''. Mathew Gilbert chosen Magistrate for Newhaven. M''. Beniamin Penn chosen Magistrate for Mil- ford, M''. Jasper Crane chosen Magistrate for Brainford. The GouernC & Deputy Gouerno"" were chosen Comissioners, M"". Goodyeare a third, & M'. Gilbert a fourth, to supplie in case any providence of God should hinder the other or either of them. M"". John Wakeman chosen Treasurer. W". Gibbard chosen Secretary. Tho : Kimberly chosen Marshall. All for ye yeare ensuing. At a Gen: Court held at Newhaven for y^ Jubisdicon, THE 26'h OP May, 1668. P'SBNT, The Gouernour, Deputies. , Deputie Gouernour, M^ Wakeman, ) Newhaven. Mr. Gilbert,) W- Gibbard, f M'. Penn, [Magistrates. Leiftenn' Treat, ) -w-.i^ ■, M'. Crane, ) Tho Welch, } J^^i^iora. 232 RECOEDS OP THE [1668 Leiften Chittendon,, | (5.^iifoi.(j. Georg Hubbard, ) ThoiMope^ isouthoM. Barnabas Morton, ) Leiftennt SVaine, ) Br^inford. Lawrenc Ward, ) The Deputies p'sented their certificates, whereby it appeared y' they were chosen to y* trust, w<='' being read were approved. Sargeant Richard Baldwin of Milford declared vnto y« court y' he was desired by Leiftenn* Thomas Wheeler to propound his desires y' ye land lately purchased by him of the Indians, at or neare Paugasett, might be accepted as a part of this jurisdiction, ypon the same tearmes W^^ those other proprie- tours there were received, to w'^'' y^ court answered y* they doe incline to his motion, but desired first to speake w^h Leiftenn* Wheeler himself, before they give a full answere in the case. It was propounded by some of the deputies to the consid- eration of the court, whether the prizes of some sorts of cattell, as they stand in the printed law, in refierence to rates, be not now above what they are truly worth, w'''' being de- bated & considered, it was now ordered, that a beast of three yeere old be rated but at 3'' 10% cowes of 4 yeere old or aboue, but at 4", steares or bulls of 4 yeare old at 5'', all oxen or bulls of 5 yeare old or aboue, at 6'', accounting their severall ages as it is ordered in ye printed law, but this alter- ation not to take place vntiU ye S^ moneth 1659. A petition of WiHm East of Milford was p'sented & read, wherein he desired ye abatem' of a fine of 40", for weh he stands debtc, by sentence of court to the jurisdiction, w^^ [153] being considered || it was by vote declared that they are contented so far to mittigate & moderate ye former sentence, (weh he acknowledgeth iust,) that if 20i' be forthwith paid to ye satisfaction of ye treasurer, they forgive ye rest. The Court having information y* not only they y* are resi- dent at Paugasett, but also some others yet liveing at Milford who are become proprietor there, do deny paym* of rates for their cattell, both to ye towne & jurisdiction, w^ ye court 1658] JURISDICTION OP NEW HAVEN. 233 takeing into consideration declared, that such as are dwellers at Milford are to pay rates for such cattell w"'' are for y« most part there, both to y^ towne & jurisdiction, but "for y« cattell w'''* are for the most part at Paugasett, belonging to y° setled inhabitants there, rates are to be paid to y° jurisdiction onely, Leiftenn' Treat & Ensigne Brian were desired to require a list of them and send it to y° treasurer at Newhaven. The customs & excise of wines & liquoures of the towne of Milford are let out to Ensigne Brian, at 20'' for y° yeare ensu- ing. It was withall ordered y* he farme it not out, nor any part of it to any other, & that what wines and liquours shall be found there when y^ yeare is expired shall be liable to pay customs & excise as in other places of y° jurisdictio, and y' all forfeitures for non-entry shall remaine to y" jurisdictio & informer according to y° printed law. M'. Atwater acquainted y® court y' he sustained 4'' damage in a pcell of beife sent into y^ Bay in a payment for y® juris- diction when he was their treasurer, w^^ he desired might be allowed him, w"^ y® court haveing debated & considered saw not cause to allow to him vnder y' consideration, but calling to minde y^ service he hath done in y' office of treasurer, did order y^ treasurer to pay M"'. Atwater y° some of 4'' by him mentioned. The Deputies of Southold propounded y" desires of their towne to repurchase of y* jurisdiction a pcell of land called Mattatock and Akkabawke, w"'' y^ court considering, by vote declared, that they paying 7'' in good pay, y'= said land is theires, w"'' was accepted by their deputies. The Court calling to minde the good service done to this colony by o"" late honoured gouernou', did order y' a comely tombe, such as we are capable off, shall be made ouer his grave, and y* y" estate he left behind him shall be free from rates this yeare to y" jurisdiction. The pceedings of y^ court against Humphrey Norton^ a Qualser, being read, was approued by y° vote of this court.* * Humphrey Norton, •whom the court at Plymouth, Oct. 6, 1657, had banished, had been sent a prisoner from Southold and was brought before the plantation court of New Haven, Mr. Leete and Mr. Fenn being called in to assist, March 10th, 1657-8. 80 234 RECORDS OP THE [1658 Leiftennt Chittendoii & Leiftenn' Treat were sent fro y« court to desire of M'-'' Eaton that she haveing taken to her y" writeings proper to herself, that y= gouerno', w'^ some others who she should approue, might take a veiw of the writeings remaining w"'' are of concernment to y^ jurisdiction, to W^h motion she readily assented, w^h writeings were comit- ted to y® custody of y gouernour. The Court ordered y' y^ constables of Southold do require of the p^sent inhabitants of Hashamommocke a list of their rateable estate as it was agreed betweene y« towne of Southold & the former inhabitants,'w=i' list shall be sent by y= first oppertunity to y^ treasurer at Newhaven. By way of explanation of y« law concerning impost vpon wines and liqueurs, the court declared y* what wines or liquoxirs are sould in any harboure w'^in this jiirisdiction shall be liable to pay custom as if they were sould on shore. [154] II The Deputies of Newhaven were desired by the court to take order for the repaires that shall be found necessary to y" prison for y' part which concernes the jurisdiction. The Court haveing information of some indirect pceedings by some psons in their branding of horses, as an addition to y« printed law did order, that all horses & mares, both elder & younger, shall be sufficiently branded T3y the man appointed to y' service by the plantations respectively, & y' what pson The charges against him were, " That he hath greiuously and in manyfold wise traduced, slandered, & reproached M''. Youngs, pastour of tlie church at Southoldi in his good name and the honnour due to him for his workes salte, together w'i> his ministrie, and all our ministers & ordinances. " 2. That he hath indeauoured to seduce the people from their due attendanc vpon the ministrie and the sound doctrins of our religion setled in this oolonye. 3. " That he hath endeauoured to spread sundrie herettioall opinions, and that vnder expressions Wch hold forth some degree of blasphemy, and to corrupt the minds of people therem. " 4. That he hath endeauoured to villifye or nullify the just authoritie of the magis- tracy and gouerment here setled. "6. That in all these miscariages he hath endeauoured to disturbe the peace of this jurisdiction." . - ^ The trial is recorded at length in the N. H. Town Kec. ii. 235-8. He was sentenced to be severely whipped, and branded on the hand with the letter H. for spreading his heretical opinions, to be excluded from the jurisdiction and not to return upon penalty of the utmost censure the law wUI inflict,' and for the troifble and charge he hath caused, to pay a fine of ^£10 to the jurisdiction. 1658] JURISDICTION OP NEW HAVEN. 235 or psons soever shall by himself, or any other besides the aforesd ofl&cer, brand or cause to be branded any horse, mare &c., he shall pay for euery default in so -branding, 10= as a fine, & shall further stand liable to answere y^ iust demands of any other for any damages sustained by his irreguler act. It is further ordered as an addition to the last clause of the said law, that where y« ground of any mans claime to any such horse or mare, or any of y' kinde, as his owne, lieth rather in pbable circomstances then dew evidence, publication thereof shall be made three seuerall times, both in y« plantation wherein he lives & y^ two nest plantations, vpon three seuer- all dales of the townes most generall meeting w'''^ y« time affords, y' way may be open to other claimes. The Court ordered y' those w"^ are in publique trust for Stamford shall require of the inhabitants of Greenwich a list of their rateable estate & send it to the treasurer at Newhaven. In answere to a motion made in y^ behalf of Jer: How, y^ court remitted to him a debt, aboiit 26= 8^, dew for excise of liqueurs. It is ordered that in euery plantation some fitt man shall be appointed to keep a record of all horses or mares, whether elder or younger, w"^ are either sould & delivered w'^in, or shipped out of this jurisdiction, w"^ being brought to y° said officer, he shall take notice of the time when sould or shipped, w"' y® age, couler, naturall or artificiall marks of any such horse or mare, w"" y^ name of the seller & buyer. It is fur- ther ordered y' whosoeuer shall, by himself or any other, make such sale out of this jurisdiction, he shall w'l'in six dayes after his returne home, or after intelligence received of such sale, make such entry as is before exprest, w"'' officer shall receive for his care & paines 4"^ ; but whosoeuer ghall offend in refference to y'' p'mises, shall for euery horse or mare, Ac, so sould & delivered or ship'd & not entered, pay 6'i as a fine to the jurisdiction. Eickard Lawes, Francis Bell & John Waterbury were chosen deputies for Stamford for y^ yeare ensuing, who have y° same power comitted to them which y'' deputies there had 236 RECOEDS OP THE [1658 May, 1654. Rich: Lawes & Francis Bell tooke y^ deputies oath, -who are to administer the same to John Waterbury. Tho. More, Barnabas Horton where chosen & sworne con- stables for Southold for y" yeere ensuing, who have the same power comitted to them W^ was given to y^- constables there y« SO'h of May, 1649. Jo. Holly of Stamford, Barnabas Horton of Southold, Law- rence Ward of Brandford, Jo Fowler of Guilford, were chosen [155] by y'' court to receive || the customs & excise of wines & liquoures in y° seuerall plantations wherein they live. The Court ordered y',50ii sal shall be paid by y^ treasurer to the gouernour & 20'' to the deputy gouerno'" this yeare ensuing. It was againe ppounded in refference to an order formerly made for the pvideing of horses with furniture fitted for ser- vice, by y^ seuerall plantations on y^ maine vnder a penalty of 5'', y' the said fine might be paid by such as had beene found vnder y° breach of y* order, vnto w<='' some answere was given by them y* were not then pvided w<='' satisfied not, but no, issue was put to it at this time. By way of addition to y^ law of straies, it is ordered, that what person or psons soever w^^in this jurisdiction shall take vp any stray horse or mare, or any of that kinde aboue 2 yeare old, (after excepted,) he shall w'^in one moneth bring the said stray vnto y" ofiicer appointed in y' plantation for branding of horses, who shall sett on y^ impression of y° towne brand twice vpon y° neare buttock, one aboue y^ other. It is fur- ther ordered yt no colt vnder 2 yeare old shall at all be taken vp as a stray, & y' such horses or mares as fall w^i^in y^ com- pass of y^ law of strayes shall be but a fourth part vnto y« finder. Jonas Wood & Jonas Wood, both of Huntington on Longe Island, as agents for y= inhabitants of y^ same, p'sented to y« court y^ desires of their towne to ioyne in combination w"i this colony, to w^"" purpose they presented a writeinge subscribed by three of the inhabitants thereof, whereby it appeared y' the said agents were authorized to treat of & to finish this business w"* the court, y^ contence of w«h writeing is as foUoweth, 1658] JURISDICTION OF NEW HAVEN. 237 To the honoured court of magistrates 4* deputies now sitting at Newhaven. May it please tllis lionoured court to vnderstand yt a motion being made by one of o"" towne of Huntington, at y° court of coinissioners sitting in Boston y^ last yeare, that o' towne might be put vnder Newhaven gouernment, & y' motion being consented to by y^ lionoured coinissioners there p'sent, o' towne of Huntington aforesd, in pursuance of their desires, have thought good to make their addresses to this honoured court by their deputies, viz., Jonas Wood (0) & Jonas "Wood (H,) for the obtaining of their proposed ends, having given vnto them full power & authority to treat of & finish this biisiness w"' y^ court in their names, humbly desireing therein acceptance of vs, & further y' you will be pleased, (consider- ing y^ remotenes of y^ place, y^ great charges y* such infant plantations are vsed to be attended with,) to condescend to such moderate ppositions we have ordered them to comend to y^ court in o' behalf, in hopes whereof we rest. Witi Smith, Yo""^ in all due observance, Tho: Befiidick, W™ Leuerich, in 17 of 3^-58. y* name & with y^ consent of y^ rest. Which being read they were desired to give in, in writeing, what they had to ppound in y^ psuance of this business, W^^ accordingly they did in 5 propositions, 4 of which pper to y^ case in hand, w'^^ were as foUoweth, 1. That y^ towne of Huntington may have liberty to detei'- [156] mine all civill || controuersies by such magistrates as they shall chuse & y^ honoured court may see cause to con- firme, w"r power to punish all criminall offences, except cap- itall, in all w'='> cases reserving liberty of appeales to the com- plainants vpon sufficient security given to y^ magistrates here at home. _2iy. That they may have a liberty to send to y^ gen: court by way of proxys, vnles some vrgent & necessary occasions shall require deputies, & we have timely & seasonable notice thereof. 3'y. That we desire freedom fro y^ charge of warr, vnles what* we shall occasion ourselues by craveing assistance fro you for c pay against Indians or otherwise. 4'y. That in refference to y^ great disbursem*^ we have beene at in purchasing oi^ plantation & lands at home vpon y north side, as well also for o"^ meadowes & land at y« south, 238 BBCOEDS OF THE [1668 besides other great disbursm's in other respects, we desire of this honoured court freedom fro rates for the space of 5 yeares. Which propositions being considered by y" court & de- bated w"i y^ said agents, the court returned this answere, tlaat tltey are willing to receive them vpon the same tearmes as Southold & other plantations in y^ jurisdiction were admitted, w^h o'' booke of lawes declare, but to vary from that they were not willing, only in reiference to y^ fourth proposition they would thus far condescend, y' they shall be freed from payment of rates for two yeares, but for any longer time they would not engage, but it should remaine in y^ power of this cou.rt to determine as they shall see cause when they shall see y" pvidences of God towards them. Vnto w'='> answere of y" court, y^ said agents replied, that for y° p''sent they saw not any thing wherein we were like to differ, except it were in refference to y«"^ first pposition, w'='' they would consider off & give in their answere, but no more was done at this time. Whereas there is a cursed sect of heriticks lately risen vp in the world, w"'' are cofnonly called Quakers, who take vpon them y' they are imediatly sent of God & infallibly assisted by y^ spirit, who yet speake & write blasphemous opinions, dispise gouerment & y° order of God in church & comon- wealth, speakeing evill of dignities, reproaching & revileing magistrates & ministers, seeking to turne j" people from y" faith & to gaine pselites to their pnitious wayes ; this court takeing into serious consideration j" p'misses, & to p'vent (as much as in them lies) y" like mischeife as by their meanes is wrought in o"" native country, doe hereby order ■ & declare, That whosoeuer shalljiereafter bring or cause to be brought, directly or indirectly, anyknowne Quaker or Quakers, or other blasphemous heriticks, into this jurisdiction, euery such pson shall forfeit the some of 50" to the jurisdiction, except, it appeare y' he wanted true knowledg or information of their being such, & in y' case he hath liberty to cleare himself by his oath, when sufficient proof to y« contrary is wanting, and for default of payment or satisfying secxirity, shall be comitted 1668] JUBISDICTION OP NEW HAVEN. 239 to prison, there to remaine till y° said some be satisfied to the jurisdiction treasurer, and the partie or parties so offending [157] shall further give in sufficient security to y'= gouerno'' || or any one or more of y" magistrates, or to y^ deputies or con- stables in any plantation where there is no magistrate, to cary them back to the place whence he brought them, & vpon his or their refusall soe to doe, he or they shall be comitted to prison, there to continew till sufficient security be given to y*' content of y^ gouernour or any of y magistrates, or other authority in places where there is no magistrate, as aforesaid. And it is hereby further ordered y' what Quaker or Quakers soever shall come into this jurisdiction from foreigue parts or places adjacent, if it be about their civill lawful! occasions to be quickly dispatched among vs, w"'" time of stay shall be limitted by y« civill authority in each plantation, & y' they shall not vse any meanes, by words, writeings, books, or any other way goe about to corrupt or seduce others, nor reuile or reproach, or any other way make disturbance or offend; They shall vpon their first arivall, or comeing in, appeare or be brought before j^ authority of y^ place, and from them have license to pass about & issue their lawfull occasions, & shall (for y" better p''vention of Inirt to y" people) have one or more to attend vpon them at their charge till such occasions of theirs be dispatched & they returned out of y« jurisdiction, w"^ if they reifuse to doe, they shall then be denied such free passage & comerce, & be caused to returne back againe ; but if at this first time they shall offend, in any of y^ wayes as is before exprest, & contrary to j" intent of this law, they shall be comitted to prison, seuerely whipt, kept to worke, & no suffered to converse with them dureing their imprisonment, w^h shall be no longer then necessity requires, & at their owne charge sent out of y^ jurisdiction. And if after they have once suffered y« law as before & shall pfsume to come into this jurisdiction- againe, euery such male Quaker shall for yt seacond offence be branded o j« hand w*'' y« letter H, be comitted to prison & kept to worke till he can be sent away at his owne charge ; and for a third offence shall be branded* on y" other hand, comitted to prison & kept to 240 RECOEDS OP THE [1658 worke as aforesd; aad euery woman Quaker y' hath suffered y« law here, & shall p'"sume to come into this jurisdictio againe, shall be seuerely whipt, comitted to prison & kept to worke till she can be sent away at her owne charge, & so also for her comeing againe she shall be alike vsed as aforesd; & for euery Quaker, he or shee, y' shall a fourth time herein againe offend, they shall have their tongues boared through w'h a hott iron, comitted to prison, & kept at worke till they be sent away at their owne charge ; and all & euery Quaker arising from among o''selues, shall be dealt w"^ & suffer y^ like punishment as ye law pvides against foreigne Quakers. And it is further ordered that if any pson shall knowingly bring into this jurisdiction any Quakers bookes, papers or writeings concerning their divellish oppinions, shall pay for euery such booke or writeing, being legally proued against him or them, y^ some of 6'' ; & whosoeuer shall dispere or conceale any such booke, pap or writeing, & shall not imedi- ately deliver in y^ same to y^ magistrate in y^ place, or to y^ deputies or constables where there is no magistrate, & it be after found with him or her, or in his or her house, or other- wise fully proued y' they had such booke or writeing in their custody, shall pay 5'' for y^. dispsing or concealing of euery such booke or writeing ; and when any such bookes or write- [158] ings are brought || or come into y® hands of any of y« magistrates, deputies or constables in any plantation, they shall w"» y« advice & approbation of the minister of the place, keepe them in safe custody, that non may come to see & read them & soe receive hurt by them, w<'^ this court leaves to their dis- cretion to order, and being so kept they shall be brought to Newhaven & pi^sented to y^ next generall court, vnles they shall see cause to send them before, or y' y gouerno"^ & magis- trates shall call for them vppn any occasion y' may concerne ye jurisdiction. And if any pson or psons in this jurisdiction shall henceforth enter taine & conceale any such Quaker or Quakers, or other blasphemous heriticks, (knowing them soe to be,) euery such pson shall forfeit to y^ jurisdiction 20^ for euery houres entertainemt & concealem' of any Quaker or Quakers, &c., as 1658] JURISDICTION OP NEW HA YEN. 241 afforesaid, & shall be comltted to prison till ye forfeiture be fully paid or satisfying security given for y^ same. And it is by this court further ordered, that if any pson w*''in this colony shall take vpon them to defend y« hereticall oppinions of y« said Quakers, or any of the said bookes or papers aforesd, ex animo, or so as may corrupt y^ mindes of ye -weake hearers, (if legally proued,) shall be fined for y^ first time 40^ If they shall psist in the same, & shall so againe defend it y" second time 4'>. If still notwithstanding, they shall againe so defend & maintaine y" sd Quakers heret- icall oppinions, they shall be comitted to prison, their to remaine till there be convenient passage for them to be sent aiway, being sentenced by ye court of magistrates to banish- ment. Lastly it is hereby ordered, that what pson or psons soever shall revile ye office or pson of magistrates or ministers, as it is Ysuall w"> ye Quakers, such pson or psons shall be seuerely whipt, or pay ye some of 5''. It is ordered that a rate of one hundred pomids shall be leuied from the seuerall plantations wf'in this jurisdiction in equall pportions according to their estates, w^h is to be paid at the same' times & in the same pay at the same prizes as was ordered the last yeare. The proportions of euery^ towne is as folio weth. Newhaven, ^V il0= 07d Milford, 22 04 08 Guilford, 13 12 06 Stamford, 11 02 09 Branford, 07 11 10 Southold, 07 17 08 100 00 00 31 242 records op the [1658 [159] At a Court of Magistrates held at Newhaven FOR THE Jurisdiction, the 31"i of Mat, 1658. There was p'sewt, Ms. Francis Newman, Gouerno'. My. Wiii Leet, Deputy Grouerno'. Mf . Mathew Gilbert, ) n ^v, i • M^ Benjamine Fenn, [ Magistrates.. ^^ ^^tw^ heard May' M'. Jasper Crane, ) y' ^s. Eichard Crabb of Greenwich & his wife beinge bound ouer to y« court, he made his appearance, who was told that his wife was also appoynted to be here as well as himself, to W^** he answered y' she was not able to come. It was declared to him y' he was now called to answere for seuerall miscarriages by many clamarous and reproachful! speeches against the ministry, gouerment & officers, neglecting of meetings for sanctification of the Saboth, by himself or his wife comitted, for whose miscarriages, (he countenancing her in it,) he must stand accountable to y" court, the pticulers whereof the testi- monies given in will more fully declare. And first the testimony of Willm Oliyer, given in vpon oath the first of Decemb"", 1657, was read, who saith, y* he came to goodman Crabbs house w"> y" rest to demand the Quakers bookes, & the goodwife Crabb went into y" other roome & made herself fast by shutting the doore, of May, 1668, was read, who afiirmeth that goodwife Crabb did give very bad language to goodman Bell, & goodman Bell sd. Woman, I thought your religeon had beene thee & thou, & goodman Crabb said. Why her religeon is as good as yours. Lastly the testimony of George Slawson, given in vpon oath y" 24''' of May, 1658, who' saith y' going to Greenwich w"' Daniell Scofeild, marshall, to take Tho: Marshall, we came into Richard Crabbs house, & there we found Thomas Mar- [160] shall, and then y« marshall || seized vpon him, then goodman Crabb desired to see y« warrant, & when he had scene it he questioned y" extent of it, whether or no y^ sd marshall might not stay vntill y" morning ; I told him no, then security was offered, then I told him in such cases I should refuse, then goodwife Crabb fell a railing vpon mee, & said y' we had stolne away Greenwich & wee had no commission, relateing it seuerall times ouer with many retorting speeches ; then I said, Goodwife Crabb, I should be glad to see you at Stamford meeting, shee answered & said y' she would neuer come while she lived, then after some discourse I said, Well I should be glad to see you at Stamford meeting to heare, then shee answered & said, What shall I come to heare, to cast away my soule to the divell, or to this purpose; goodman Crabb, hearing of her, did not so much as rebuke her, but rathef countenancing her therein & questioning of ys what ground we had to do as we did, & countenancing Tho: Mar- shall so far as he durst. The Gouerno' told him y' these are notorious things w'''' are testified, & must not be suffered. Richard Crabb replied so they are, but he could not reclaime her. But Francis Bell afiirmed y' hee seemed to countenance her in it & vsed noe meanes to reclaime her, although she continued in those rail- ing speeches almost a houre together, she calling for drinke to refresh her, W^ he aprehended she did to strengthen her to goe on in those wicked speeches, W^^ was dreadful! to heare. 244 EBCOEDS OP THE [1658 lifting vp her hands towards heaven & saying, Holy Father power out thy vengance vpon them, & j^ like, vntill she began to speake against authority, then indeed he vsed meanes to quiet her, who told her she would hurt herself, w<=i' he apfhended he spake in refference to her health. Francis Bell further declared, y' M''. Bishopp was much discouraged by Rich: Crabb, & he doubts not but many others also, by his villifying the ordinances & ministers. Richard Crabb was further told y' he hath beene a harbourer of Quakers, & y' he hath kept Quakers bookes in his house, to W^'' Rich. Crabb replied, indeed Marsh.all was there, but he did not account him a Qxiaker, nor anything els bt\t a wethercocke. The gouernour demanded of him whether he owned the Lords day to be J" Christian Sabath, to be sanctified by virtue of y^ 4"! comandement, to w^^ Rich. Crabb answered he did owne it; it was told him he hath spoken y' w'''' held out the contrary, to W^ he said, y' it was one thing to speake in way of discourse, and another to speake positively ; but Rich: Law testified y' Francis Bell & he have had discourse w"' him concerning the Sabbath & he hath propounded such questions concerning the Sabbath y' they did ap^hend his judgm' was against j" morallity of it. It was propounded to him if he would give in security for his quiet & Christian carriage in y^^ place for the time to come, & y' hee would testify his esteeme of y« ordinances by his attendance on them, & to y« ministers by shewing that respect y' is dew to them; to w^ hee answered y' he did" not api^hend y' safe for him to doe, haveing soe many eyes vpon him, but [161] it was his resolution to walke inoffensively || for the time he shall stay there, but he intended to remoue ; to w^i" ye court replied y' they feared y' a remoue was easier to him then a reformation, but he must expect y' Greenwich will be no place for him vnles he do reforme. The Gouernoxir told Rich. Crabb y' ye court did looke vpon his miscarriages as very great, therefore they would take time to consider of it, & yt ye sentence should be declared 6 the morrow morning. The next day Rich. Crabb being againe called, ye gouernour told him yt yesterday he heard ye evidences read w^h were 1658] JURISDICTION OP NEW HAVEN. 245 given in against him for notorious miscarriages, w='' evidences were now againe reade, to w"^ Ricli. Crabb answered, liowever those writeings p'"sent liim to tlie court, yet he knew his owne cinserity & y' he did beleeve y' God would not impute those things vnto him ; hee also told him y' if this be religeon it is strange religeon. The Gouernour told him y' he had heard of a discourse with two men y* came fro y^ Bay, first he asked them whence they came, they said from Concord, to W^*" he replied y' was a beg- gerly place, they said it was a good place, he replied y' y preist & y^ people y' came thence were almost starved, the men replied they had no preist, to w"'" he answered, I see you are in darknes as all the country is. Also a discoiu'se w'"" a woman of Norwalke, first he asked her when shee would be pfect, she answered when she should come to heaven, he told her y' she might be pfect here ; y« court told him y' herein he spake like a Quaker, & y' he so carried it as if he would take all oppertunities to corrupt others wt'» who he converst; to w-'' Cra[bb] answered y' it was spoken only by way of discourse. The Gouerno^ propounded y' if any one had yet ought to say in y^ case they might now speake, vpon w'='' Francis Bell desired y' y^ pticuler wronge done to him, being sent by authority, might be considered, being charged for a traito'', a liar, a villan, a rogue or rascall, which, sd he, if I were guilty off, I were worthy to die, to W^ Crab re[plied] did he say so; he was told y' if his wife speake such words stand- ing security for his good behaviour; furthermore y* he make a publique acknowledgm* at Stamford, to the satisfaction of Francis Bell & those other w""^ he hath wronged, w<='' if he do not, he is to pay to [The Record remains thus incomplete,] [163] Ensigne Brian in the behalf of M"'. Edmund Downes of Fyall, mi'chant, entred an action of 600'' damage, for a shipp & goods cast away on y'^ south side of Longe Island, seazed by the towne of Huntington. Jonas Wood & Jonas Wood appeared in the behalf of y* sd towne to answere the sute. Sundry depositions on both sides being p'sented & read w"" seuerall pleas made both by plant', and defend', the planteife, findeing the defendts pleading their title to y^ said shipp & goods by vertue of an agreement made w^^ y° m"" of the shipp & not as a wreck, (as he expected,) withdrew his action, which being done, the defendants propounded to the court y' the charges w'='' they had been at in their coming ouer & attendance to answere y° action might be allowed them by the planteife ; to w'' y^ planteife answered that they had, as he 248 . RECOEDS OP THE [1658 conceived aboundant matter in their hands already for their recompense, to W^ j^ defend'ts replied they could not let it fall vpon y' account having no such order from y° towne ; vpon W"! y^ planteife propounded that if when they come home & propounding it to y^ towne they finde them vnsatisfied, let them give in their account, & what is determined by y^ sen- tence of this court he shall attend y" payment of it at Milford when it shall be demanded, W^ was consented to by the defendants. James Mills planf. ) John Oowper being admitted attorney Jo Tompson, defendt. \ for the planteife entered an action of defamation in high degree, charging the planteife w"" stealing 2 barrells of beife, & for a notorious liar ; y« case he declared to be thus, John Tompson coming from Milford, came to M"". Mills & told him y' he had order from Ensigne Bryan to deliver him 2 barr of beife, M^. Mills asked the price, John Tompson said 3'' a barr, M^ Mills said he would not give it, to w^i^ John Tompson replied he had order to deliver it at SS^s a barrel! & y' was y« price; about 2 dayes after M"". Mills desired to know where y beife was, he answered it was in y« warehouse, w'^all he appoynted him a time when he should see it; accordingly he went &, saw y^ beife, one barr was opened w^^ he looked vpon, approued of it, y« question was asked w"'' was the other barr. Jolin Tompson answered, their it stood, he asked him if he would have it opened. M'. Mills sd no, he would take it vpon his word, if it were as good as y' w^i^ was opened. John Tompson said it was for ought he knew, he further told him if he would fetch it away he must goe to Daniell Hopper who had the charge of y^ warehouse to take notice what is taken out, accordingly M"". Mills did, but Daniell Hopper told him he could not go downe but he might goe & take it, You know, said he, where y« key of the ware- house is, if you know which to take, & y' he did because both were concined to him ; some few dayes after, John Tompson came to enquire after this beife & he supposed y° manner of his enquiry some could speake to, but the issue was he went to My. Newman, o' magistrate y' then was, he charged him to be a notorious liar, both before he went & there, & w"' theft, 1658] JURISDICTION OP NEW HAVEN. 249 yt he had stolne from him to barrells of beife; this is the [164] breife, he desired that || any debate betweene them before this time may be vnderstood as not propper to the case. The defendant answered that he was here charged w"" an action of defamation in high degree, he desired to relate y* case as it was betweene M'. Mills & hifaself, but he, falling into discourse of something y* past them in winter, was told y' what he spake was not to ^ the case, but was desired to speake to y« busines in question, whether he had charged M"". Mills w"" stealing 2 barr of beife, to w"''' he answered he had so charged him ; he desired fu] Thomas Wheadon consented. Now two things he had to say, first y' the engagem' to teach him y° trade was on his part voluntary, & y^ 5 yeares to M'. Gilbert was by his owne consent. The defendt p-^sented an indenture whereby y^ said Tho: Wheadon stood bound vnto a m' in Eng- land, w<=h he affirmed was delivered him by his said m', & his 1658] JUBISDICTION OP NEW HAVEN. 251 whole time was assigned vnto him, w^ Tho Wheadon denied & said y' one Jo Rabbins who then came ouer could take his oath yt he himself had y' indenture in his keeping in the shipp, who being asleepe in y= boat, the m^ of y° shipp tooke this indenture out of his pockett & kept it 2 or 3 dayes, & after- wards calling him into y^ great cabbin y" master & mate reade it. John Meiggs was told that if this be true, then y' W^'' he said was not, & y' it was irrationall y' he should have an indenture fro his m' in England without a assignement ; to w'=h Jo Meiggs answered y* he conceived y' he had y° inden- ture of his m"', W'h ye court takeing notice oiF, minded him of his too much confidence, first in saying positively y' he had y^ indenture of his m'', & now y' he only conceiv'd so. Tho Wheadon produced y° testimony of Jo Eabbins as fol- loweth. That John Meiggs bound Tho Wheadon, when he was at. sea from his freinds, to be his servant 7 yeares, pmising to teach him y" trade of a currier or cause him to be taught so y* he might be a pfect workeman in his trade, yet Tho Wheadon being much troubled & not willing to serve so longe nor yet willing to set his hand to y^ indenture for any longer time then 5 yeares & gave this reaso in these words. Why should I be bound for 7 yeares & Jo Rabbins but for 4, & wept very much; his m"" answered him hastily in these words, Thou foole you, thou wilt have a better trade then Jo Rabbins, thou maist get 10=^ in a day. This I shall testify vpon oath if a require. I, John Rabins. Which being read, y" court told him y' this had a shew of circomvention of Tho: Wheadon. It was demanded y^ reason of y° 3 yeares disproportion in time betweene Rabbins & Wheadon, to W^^ Jo Meiggs answered, 1. Jo Rabbins had a trade before, 2. Wheadon voluntaryly engaged 5 yeares to M^ Gilbert, & if any question be about his earning 10= a day, he himself had curried 3 hides in a day. Christopher Todd [166] propounded to y« || court y' he conceived y* this was worthy of consideration what Jo Meiggs had said y' he could earne 10= a day; y^ court told him y' this looked too like flapp them on, w'^'' was an offensive passage in John Meiggs formerly witnessed against by y^ court. 252 EECOBDS OP THE [1658 John Meiggs further sd y' he conceived y' had y= whole 7 yeares beene to M'. Gilbert by his consent, he had done him no wrong; to W^ y^ gouerno^ replied y' Wheadon was not of capacity to dispose of himself, & that John Meiggs should not have supplied his engagemt^ to M"-. Gilbert by makeing new aggreements w"» such a one as Wheadon was, though by argu- ments he gaine his consent. John Meiggs further pleaded that there were yet 2 yeares to come, in w'='' he intended to teach him y^ trade, & he would vndertake in two moneths to teach a man y® essence of curry- ing. It was told him y* its knowne y' there is so much mis- tery in y" trade y* some after longer time then 2 yeares have beene found altogether insufficient. A letter fro Rich: Church of Harffijrd was pJ'sented by Wm Potter and read, wherein he declared y* he api^hended y* "Wheadon had wrong, being witheld so longe from y^ trade. John Meiggs sd y' he vnderstood from Murwin of Milford yt he would vndertake to teach him y® trade within 2 yeares, Jonathan Eudd of Seabrooke_ was also ppounded ; the court told him yt one of them failed him, for he was a tanner, & the other we heare not what hee sayes. Edward Church declared y' his father had a man at y^ trade 4 yeares in England, who was insufficient for the trade, though he had constant imployment, & y' he hath heard his father say that there are but few y* can dress leather for y° good of y® country. John Meiggs desired y' 2 yeares might be tried, & if in yt time he do not answere his couenant, he would answere y^ dainage ; to W^ y° court answered they must not run so great a hazzard. John Meiggs desired y' a mistake in y° indenture, concern- ing y^ date of it, may be rectified ; he was told yt if there be a mistake, it may be considered, but for the business itself, though he p''sent a writeing referring to a m' in England, yet it doth not appeare that he had any right to him, either from his m'' or parents, but y* he was a free man, he was told y' he was placed there by authority, therefore an alteration, especially such as this, to transplant a man from England 1658] JURISDICTION OP NEW HAVEN. 253 hither, in reason should be by the same power, w^h (Joth not appeare, but only an agreement with an orphan, w"»out con- sent of master or magistrate, (for ought appeares,) is p^sented as y" ground of y° claime, & y* agreement drawne on vpon a delusive speech or argument vsed to him, of earning 10^ a day. To which Jo Meiggs replied yt he had no neede to vse such an argument, if he did, w^"* possibly he might, for he had suffi- cient right in him before ; he further said y' y* passage, of earning 10^ a day, was not proued, to w^ y^ court replied, letting yt pass there are p^cedent things w"^ will be sufficient ground for the court to pceed vpon. It was therefore declared by way of sentence, that they see not "cause to binde him ye sd Tho: Wheadon any longer vnto Jo Meiggs, only y^ engagem' to Mf. Gilbert he must pforme. Y^ indentures concerning Tho. Wheadon are to be kept by y^ secretary, y' if hereafter John Meiggs shall make any thing appeare, y^ law may be open for his releife. [167] II Benjamine Wright of Guilford being bound ouer to y^ court of magistrates to answere to sundry miscarriages & misdemeanoiirs, for w<''' had been formerly questioned by ye court at Guilford, being called now made his appearance. The pticulers charged against him being read, y^ gouerno'' demanded of Wright what he had to say to these things yt were here declared against him, to w"** Wright answered that he had alwayes acknowledged y* sinfalnes of his carriage in y^ manner of it. It was demanded of him whether the things charged vpon him were true or not, to which Wright answered he could not tell, he had desired a coppy of y^ court pceedings & what they had against him, but could not obtaine it, therefore yas not pi'pared to give his answere at this time, he therefore desired yt y® court would forbeare him till some other time, wherevpon goodman Hubbard affirmed & said that he had pffered him to reade ouer to him the charges against him & y* he might himself take them in writeing, & besides it was further declared that he had y* heads of all given him. Benjajnine Wright now falling into a fainting fit, the gou- 254 EBCOEDS OF THE [1658 ernour wisht him to consider the pvidence of God towards him, that as he had beene smiteing at the authority of God, so now God came vpon him as if he would kill him. In y^ afternoone Wright being againe called, was asked whether he were now fitt to answere to -f case, to w'^'' he answered he was not; furthermore Wright againe renewed his request y' he might have a coppy of what was charged vpon him and said he should apply himself to consider of his sin in f sight of God, wii being also moued by f magistrate &, dep- uties of Guilford, y" court consented, but Wright was withall minded that there lies a bond of 50^' vpon him in y" meane time for his good behaviour. Thomas Mulliner appeareing before y^ court declared, that concerning a sentence y' lately past in Newhaven court, in ref- ferrence to a pcell of land bought of M^ Goodier, he was vnsat- tisfied w"=, he therefore desired to make his appeale vnto this court. A coppy of the pceedings of y° court at Newhaven was pi'sented by him, w'' being read, y^ court asked Tho. Mulliner where was y^ error in this sentence. To make y* appeare, he pi'sented a writeing drawne vp by himself, also a writeing con- taining the agreem* betweene M^ . Goodier & himself, both w"'' being also read, it was demanded what he pleaded from y^ couenant, it concludes y^ quantity & scituation, was not this done? To which Tho Mulliner answered, y' whereas M^^. Goodier sould him a 170 ace. of vpland, he conceived it must be such as other men ordinarily have for their accomodations, whereas he had rockes laid out instead of land, w"*^ he vnderstands since are towne commons. It was answered y* he was offered in a towne meeting, y' let M"^'^. Goodyeare & he agree, & if there be enough on y« plaines for both, he may have his land there & leave out yt- rocky land for y^ townes vse. The Court haveing thus far heard, gave no sentence in y^ case, but advised that y^ businesse be respitted for some time in expectation of M"". Goodyeares returne out of Engl, who can best cleare his owne intensions & agreements. That part of y° businesse for w"'' Tho: Mulliner was bound ouer to ye 1668] JURISDICTION OP NEW HAVEN. 255 court of magistrates was not entred vpon at this time, but y« sd Tho MuUiner stands liable to answere his miscarriages therein when he shall be called therevnto by y" court. [168] II "W" Newman of Stamford appeared in court to psecute in a action of y^ case against Peter Disbrow, who being called, answered not. A petition from M'. Van Goodenhousen was p'sented, wherein he desired y' whereas M^. W™ Westerhousen, some- time of NewhaTcn, was indebted to him 19, 11^, 1^, there being an estate of his in y" hand of y* treasurer w""^ non lookes after, y' he might be satisfied his debt out of that estate, •ypch ye court considering did order y' y'' sd some of 19'' 11^ 7^ shall be dd to him, pvided y' he put in security to y' court to be accountable for such part of it as shall be found to be aboue his pportion when y' other creditours appeare & y^ estate comes to be devlded amongst them ; the house he lives in he propounded for security, but whereas y^ estate, or part of it, was now in y^ hands of M"^. Hudson, it was referred to y^ court at New-haven to speake w*!" M'. Hudson & himself, and to determine y^ time when it shall be delivered to him & to take security of him. Henry Tomlinson appearing before the court to attend y« issue of y° businesse in question longe dependinge, concerning wines & liquors bought & drawne by him when he kept the ordinary at Milford, not dewly entred by him, & y' after an acc° had been demanded of him. The passages in court, in May, 165T, & in October, 57, being read, it thereby appeared yt for default in dew entry & paym' of customs & excise of wines and liquours he had made forfeiture to y« vallew of 140'', for ought to the contrary that then appeared, but he being sicke & thereby disabled to attend j« court, j^ business was respitted, in refferrence to the finall issue, to some other time. He being now pi^sent was told y' y* court was ready to heare what he had to say in y^ case, why the forfeiture dew by c law, as y* case was then vnderstood, should not be required of him. To w'^'' Henry Tomlinson answered that he was (at least for some time) ignorant of the law & who y* officer was to who 256 RECOEDS OF THE [1658 he should give in y^ ace, & further he sd y' being about to buy some liquors of M^. Fenn, he told him they would be deare by y' time y° customs & excise was paid, M''. Penn answered he need not trouble himself for y-, he might forbeare vntill it did appeare what Stamford & other townes did doe concerning their customs ; he also declared yt he was told y* M"". Penn did not make entry of some of his owne, which pas- sages (he said) gave him ground to thinke y' there would be a cessation of customs for that yeare. M"". Penn being desired to speake, declared, y* it was true he told him y' other townes were slow & y' he might forbeare to pay it vntill it was seene what was done by other plantations, but withall he had alwayes advised him to keep a acc° by him, & had since demanded an account of him, & when a acc° was demanded of him, he giveing in only 8 anchors of liquours, the court finding so little entred, having ground to judge yt more was dew, desired him to looke after it, w'^'' he did, but no ace" could he gett of him ; vpon y* he went to Ensigne Brian & desired him to informe him of what wines & liquors he knew off bought by Hen: Tomlinson, who gave it him in writeing, W^ he brought to New-haven. [169] II Henry Tomlinson was told by y^ court y' whereas he had pleaded ignorance, he had y^ law to direct him, they fur- ther minded Mm y* he was advised to keepe a acc° by him, and y' now, when it was demanded, he should give in an acc° only of 8 anchors of liquors, when much more was dew, it was not faire, but to be witnessed against ; and that had he failed in not paying it, had he had ought to ppound, it might have beene considered ; but when a acc° is required, that he should give in a falce acc°, & thereby goe about to deceive vs, what could be sd but why this should be witnessed against with seuerity; yet neuertheles, y^ court enclineing to y° most favourable way, (w"i safety to y° law,) did againe propound to Hen: Tomlinson what he had more to say, whereby to take off any part of this vnder consideration from forfeiture ; to w'='' end he declared that 10 anchors of these liquors did belong to other men, & y* 4 anchors were sould by wholesale, while y^ retailer only paid, y* one barr. of sack he carried to Stratford, 1668] JURISDICTION OP NEW HAVEN. 257 half a barrel! of sacke was lost by leakadge, 3 hogsheads of clarret & w' wine sould for vineger, all w"='' he desired might be discounted ; to 'w"^ y° court condescended, & findeing y« remainder to amount to 30", it was by sentence of court declared to be forfeited & must be paid by Hen: Tomlinson within a yeare ; for pformance of w^*" Bnsigne Brian, being p'sent, Ypon an engagem* by Nicholas Camp at p'sent made for his security, Ensigne Brian alike engaged to stand as Hen: Tomlinsons security to y^ court for y^ paym* of y" debt of 30'' . abouesd. Bnsigne Brian declared that whereas there was a warrant served vpon him at y'= sute of Hen: Tomlinson, to answere him at this court, y' the matters in difference betweene them were ended, Tnto w<^'' y^ sd Hen: Tomlinson assented. Bnsigne Bryan also desird to give in his answere to a inform- atio given in ag' him in October last, concerning 5 pipes of wine by him not entered, w^i^was this, y' he being y^ officer at Milford to take notice of y® entry of wines & Kquours, it was his manner to bring in his account once a yeare to the jurisdic- tion treasurer, & so he did concerning y^ wines in question, w'='' defence of Ensigne Bryan y° court accepted. The last will & testament of Jasper StilweU of Guilford was p^sented, made the 9t*> of Nouemb"-, 1656, witnessed by Geo: Hubberd, George Bartlet, proued in court at Gilford Nouemb^ 23, 1657. An inventory of y" estate of y° sd Jasp Stillwell was also presented, amounting to 210ii 17^ lO-^, taken Nouemb-- 15, 1656, the apprizem' made by William Dudly, John Fowler & Hen: Kingsnorth. An inventory of the estate of Jo Peakins of Newhaven, taken by Tho: Munson & W™ Russell i;he first of February, 1657, was p>-esented, amounting to 1411* i2s 2^, at a court at Newhaven y*= 6"' of 2 moneth 1658, y® sd apprizers attested vpon oath y' it was a iust apprizem' according to their best light. An inventory of -f estate of John Jones of Newhaven, taken the 10"' of Decembf 1657, amounting to 811'' 4= ll"!, attested vpon oath by Jo Nash, Mathew Moulthropp, Gervase Boykin, 33 258 EECOEDS OP THE , [1658 to be a true apprizem' according to their best light, at a court at Newhaven March 2d 1657. [170] II The last will & testament of the Honourable The- ophilus Baton, Esqr, y^ late gouernour of this colony, was pi'esented, written, sealed & subscribed, as is conceived, by his owne hand, but being not attested by any witnesses therevnto, could not be legally proued, whereypon at the desire of M"s Ann Baton, y"' widdow of the deceased, y« court granted her letters of administration to be anexed therevnto, . w^i^ was accepted by her. Also an inventory of the estate of y« aforesaid Theoph: Baton, Esqr, was p'^sented, amounting to 1440^^ 15« 7"^, besides an acC' betwixt y'' estate & Oaptaine CuUick, and betwixt W. Goodyeare & y° estate, both wi* remaine vncleared, but to be added to or taken from y* estate, with any other accounts w^^ shall appeare iust, as there shall be cause ; w'='' inventory, in respect of y* pcells, was attested by M^'^ Baton to be full according to her best knowledg, a peice of plate vallewed at 40'i, & y" bed on w^^ she lay, w'=h shee claimed as her pper estate, excepted, w<* y^ court allowed to be left out of the inventory, prouided y' ,shee cleare y° ground of her claime to y" satisfaction of her children ■wS'^ are, interested in y'= estate. M^ Math: Gilbert, M'. John Wakeman & M^ Eichard Miles, attested vpon oath y' the apprizeinent was iust, according to their best light. At a Court op Magistrates held at Newhaven fob y^ '- Jurisdiction, the 20"» op October, 1668. The Gouernour, The Deputy Gouerno', M"-. Mathew Gilbert, \ M^ Benjamine Fenn, [ Magistrates being p^sent. W. Jasp Crane, ) Thomas Mulliner appeareinge to psecute his appeale, entred y= 26th of May 1658, was told that f court was now ready to heare what he had to say in y« case, w=h being declared. 1658} JURISDICTION OF NEW HAVEN. 259 Thomas MuUiner desired that y" couenant concerning M'. Goodyeare & himself might be pused, it being conceived by some y' y^ land he posest, (at least some part of it,) did be- longe to y° children of M'. Lamberton, but the lands (he sd) were neuer devided betweene M^ Lamberton & M.'. Hick- cocks, (since sould to Mr. Goodyeare,) as M'. Crane (he said) could testify. He desired y* y^ alienation might be also considered, for hee conceived y' what was by some witnessed at y" court was not vnderstood, who afiBrmed y' he had said that he was to have his meadow in y^ coue, (called M^. Malbons coue,) w^^ he sd was spoken vpon this occasion, his house being settled, he had a eye to a peice of meadow belonging to Mr. Wake- man, yt it might be purchased for him by M'^. Goodyeare, w^ M'. Goodyeare was willing to attend, (as their was cause he should,) but that meadow was not attained ; now (sd he) my alienation sayes that my vpland should ioyne to my meadow, [171] M'. Goodyeare laid mee out 18 ace || of meadow at one end of my vpland, & 12 at y^ other, w^ he conceiv'd did de- termine the bounds of it ; he further pleaded y' y^ land now taken from him was fenced in & improued 2 yeares before M'. Goodyeare went away, who objected not against it. Leiftenn' Nash & Ensigne Lindon being appoynted by ye court at Newhaven as defendants in this action, as also to psecute against him y" breach of a bond of SO^', wherein he engaged for his good behaviour, vnto the business now in hand answered, that most of these things now spoken o"^ court hath heard, they supposed y* Tho MuUiner was vnsattisfied because y* feild is taken away from him, for he pleades y' his vpland & meadow should ioyne together ; the case they declared to be thus, there grew a question betweene him & y^ tennants to M'. Goodyeare, they vnderstanding y' he laid claime to the whole or most part of the neck, wherevpon M". Goodyeare came to y^ magistrate and debated y^ case with Tho MuUiner before him, & vpon his desire a surveyour was procured to lay out his land & he charged not to hinder y^ surveyc in his worke, but he opposing, y^ questio further grew on, that M.'^. Goodyeare brought it to y^ court, who considered y^ couenant. 260 RECORDS OP THE [1658 ali^ation & testimonies, and gave sentence in y^ case ; what y* sentence was & y^ grounds of it, y^ records testify, w'''' were read; the couenant betweene-Mf. Goodyeare & Tho MuUiner was also read, & he asked what he interpi^ted therein to be contrary to y^ sentence. To W^ he answered that it is said in y^ records y' M''. Goodyeare had an appi'hension that his pportion would take in neare all y° necke, to w"'' it was answered y' it was an error if M'. Goodyeare did so ap'hend, & that the couent sayes only y' he was to have 170 ace. on this neck. Tho. Mulliner further pleaded y' y' vpland must ioyne to the meadow, w"'" it cannot do if he have not the feild now in question. The defendants answered, that it doth appeare by testimony yt he was to have all his meadow in M^. Malbons meadow, w<='^ was spoken by Tho Mulliner himself, as was affirmed by Timothy Ford & Thomas Johnson, and that Abraham Dow- little had testified y' he heard Tho Mulliner say, if M'. Good- yeare would let him have that peice of meadow out of M^. Lambertons meadow, w'^'' lies neare or adioyning to y* feild in question, he would take it for y' he wanted in M^. Mal- bons cove. George Smith also affirmed y* he haveing heard y' M^ Goodyeare was about to buy a peice of meadow for Tho Mulliner of M^ Wakeman, he observeing this 12 ace. in M^. Lambertons meadow lay not convenient to their farme, they agreed yt it should be ppounded to Thomas Mulliner y* he might have it, vpon this y' defendants pleaded y' it doth ap- peare yt this 12 ace. came in by a after agreem*, & therefore it doth not appeare but yt the vpland should lie by Mr. Mal- bons coue, where it was intended he should have all his meadow by y^ first agreem'. Tho. Mulliner desired that y^ alienation might be againe considered, w^h sayes his 12 ace. of meadow adioynes to his vpland. It was told him yt it doth not say to his vpland, but to j^ vpland, w<=h describes y« manner of the lying of the meadow. [172] II The defend*' further pleaded y* it was said by 1658] JURISDICTION OF NEW HAVEN. 261 The Mulliner y' his vpland & meado-w must ioyne together, now he grants that 18 ace. of his meadow is in M'. Malbons coue, & so it doth adioyne together according to the courts determination. Tho: Mulliner p^sented a draft of the land, drawne out by himself, but was told by M"'. Crane, who well knew y° land, that y^ draft was not right, therefore not to be made vse of by y® court. Leiftenn' Nash desired y' it might be remembred y* at ye court of magistrates, the 30"» of the 4"' Moneth 1667, they haveing had information of sundry miscarriages' comitted by Tho Mulliner, did order y' he should put in security for his good behaviour for y^ future, or remoue himself to some other place, the takeing of w^ security was referred to Newhaven court, now he being called, at the first shewed himself vn- willing, but thought rather to remoue, but afterwards engaged in a bond of 50'' dewly to attend y^ lawes of y^ jurisdiction & of this place, & to walke peaceably & inoffensively to all, & not to be injurious to any in their names or estates. He desired y' what is since vpon record concerning him may be read and considered, whether he have not broken y^ said bond ; w"^ records being read, it appeared that y^ said Tho Mulliner hath been found guilty of many great miscarriages, contrary to that engagement, pticulerly his offensive carriage, & y' in contempt of authority, when y° surveyo' was attending his worke appoynted him by y^ magistrate, in pulling vp the sticks & throwing them away, & saying vnless they bound him hand & foote, & carried him to prison, he would hinder. Which Thomas Mulliner now excused, (as he could,) alleadg- ing y' he looked o yt w'='' was spoken by y^ magistrate as words of counsell, not of coinand, & y' he ap'hended y* the men appointed to lay out his land would so run y^ line y' he should loose not only y^ feild but his house also, W^ he thought would be remediless when once done, & y' he was put vpon doing thus to pacify his wife, who was much troubled at it, who he feared would miscarry, (being now with child,) if it were not p'vented ; he further sd yt he neuer did any man wrong, to w"'' y* court replied that herein he spake as an 262 RECORDS OP THE [1658 audacious man, for he had wrought much disturbance to many, viz', to Geo. Smith, "Wm. Meaker, Eich. Sperry, as y« records testify; and yt he hath carried it contemptuously towards y" authority of y^ place, not submitting nor attend- ing to what was spoken to him by y* magistrate in way of comand, not of counsell only, (as he cald it,) ; & whereas he sd yt he thought y' if his land were once laid out it would be remediless, & y' he should loose not only his feild but his house also, he was told y« it was then said to him, y* if his feild should fall without y® line, it should be considered after, w'''^ was the thing in question, & not y^ house as he p''tended. Leiftennant Nash further declared yt it appeares by y^ bond, yt he stands engaged not to be enjurious to any in their names or estates, but y° last court at Newhaven a business was heard betwixt Willm Meaker & Tho MuUiner for charging V™ Meaker y* he offered to take a falce oathj w'='> he proued not. Tho: Mulliner desired now of y" court that there might be a convenient time allowed him to remoue out of y* place. He [173] was told that || it will be the care of the court to see that he carry it well in y^ place whUe he stayes, but if he chuse to remoue, he may do so. The Court haveing heard y" seuerall pticulers alleaged against Tho Mulliner to proue y^ breach of his bond of 50i>, wherein he stood engaged for his good behaTiour, declared y" same to be forfeited, & did leave it to Newhaven court to call for it when they see cause,- & ordered y' Tho Mulliner shall, againe put in security to^y^ satisfaction of Newhaven court for his better carriage for y^ time to come. Which being done, the question concerning y« land comeing againe vnder consideration, William Meaker testified y* M^. Goodyeare said y' M^ Mulliner was to have his land by M^. Malbons coue, & not in any other place to hurt the farme. Ealph Lynes also affirmed that when hee vnderstood y* M'. Mulliner claimed most of the necke, he spake to M^. Good- yeare of it about six weekes before he went for England & told him y' he had spoiled y'' farme, M^ Goodyeare said, nay, for M^ Mulliner was to have his land by M^ Malbons coue. James Clarke affirmed the same. 1658] JURISDICTION OF NEW HAVEN. 263 Mf. Mulliner was told y' it appeares by many testimonies yt must not be laid by, y' it was intended that he should have all his meadow in M'. Malbons coue, & y' M"^. Goodyeare. hath said to sundry, that his land must lie by M^. Malbons coue, and some of y^ witnesses say y' he himself hath said that he was to have his meadow there ; it was true y' an ouersight in M' . Goodyeare doth appeare, y' he did not seasonably stopp him in y^ improuing of this land y' might be a occasion of expectation y' he should enioy it,- yet withall they see not, y° writeings & testimonies being considered, but y' he might be held to take his land by M"". Malbons coue, but because he hath had occasion given him to expect this land in question by Mf. Goodyeares not witnessing against it, as he sayes, therefore y" advice and determination of y^ court is, y' a survey of the land be taken & y' M'. Goodyeares land being laid out, Mr. Mulliners land shall adioyne to it o y' side next M"". Malbons coue, y® distribution to be made by indifferent men, so y' the other farme be not spoyled nor Tho Mullinel- wholly frustrated of his expectation. John Bartrum comeing to y^ court to sue out a divorce fro a wife (he said) he had at y^ Barbadoes, being convicted of a lie, was fined 10^ ; y^ business of y° divorce y^ court would not medle with, but advised him rather to psecute this mat- ter (if he see cause) where y° state of y^ question is better vnderstood. John Baldwin & Bethia Hawes, both of Milford, being warned were cald before the court, they both appearing, M"'. Pen declared that he haveing heard it reported that Bethia Hawes was w'i> child, he sent for her &, asked her about it, to W'' shee answered y* it was so, & laid it to John Baldwin, wherevpon he sent for him & told him of it, but he denied it. The examination more at large, taken by M"". Fenn, was by him delivered into y* court & read, which is as foUoweth, The 12''' of Octobr 1658, Bethiah Hawes being suspected to be wti* chUd, y® question was asked whether she was with child, to w"!' she answered she was. 2^17, it was asked by whom, to W^" she answered it was by Jo Baldwin, 3'y it was [174] asked whether any other had |) not had fellowshipp w'^ her in that way but he, to w^i" she answered yt non had knowne 264 BBCOEDS OP THE [1658 her in yt way but hee, for she said y' she was a maid till then. It was asked when this was done, she said it was in Aprill last, but what time shee could not tell. Further it was asked her where this was done, to W^i^ she answered it was done in her masters yard, standing vp by fire railes, between the broad gate & y^ old house next the highway, & further she said they were standing all y^ while & y' he neuer had to doe w'h her in any such way any other time nor y' there was any familiarity betweene him & shee any other time, and y' she did not receive any pledge from him at any time ; further she sd, she neuer received any thing from him at any time ; fur- ther she said she was not aboard any vessell in y^ night at any vnseasonable time; and further she said, being questioned for being aboard some vessels, y' she was aboard no vessell at any time, but that of Eichard Brians, & but twice of y', & y' was in y^ day time. Jo: Baldwin denied y" fact, but Bethia did owne what was contained in y° examination to be so. ■^ M'. Whitman declared y' y" qiiestion y* was put to her, whether there was any familiarytie, betweene him & her at any other time, she might not vnderstand y'^ word familiarity. Jo Baldwin was asked whether he did ever kiss her ; y' he confessed he had done. It was demanded of John Baldwin whether he had not vsed to keep company with her, to w^^ he answered, not in any vncivell way, but he haveing a child at nurse at goodwife Denisons, as he went & came y' way she would be asking him how y° child did. He was asked whether he had not beene with her alone. Vpon that M'. Whitman declared that his wife found them together in the old house or stable, w^ he also confessed. For the further . clearing of y' case, the testimony of Joseph Pecke was read who saith, that one evening he came by M"". Whitmans, & there he found Jo: Baldwin & Bethia Hawes together, only the railes betweene them, and this was when Jo: Baldwins child was at nurse at Robt. Denisons. James Prime testifies, that on one evening, after day light was shutt in, hee see John Baldwin & Bethia Hawes together, only railes betweene them, & then there was folk in y° street. - Goodwife Prime testifies that she see John Baldwin & Be- thia Hawes together after twas darke, y° railes betweene them. Milford, dctob-^ ye 19, 68. Which Mf. Whitman sd was at seuerall times & yt Joseph Peck had said, yt he wondered y* Jo Baldwin should so soone after ye death of Ms wife be so familiar with her. - Also the testimony of Edward Preston, in reference to some 1658] JURISDICTION OP NEW HAVEN. 265 SBspicio of familiarity betweene Rich'^ Marshall & Bethia Hawes, tending to y'= pi^seBLt crime whereof she is proued guilty, was p'sented & read. This deponent testifieth as fol- lowes, I being in discourse w"" Richard Marshall, he spake much in y" comendation of y° said Bethiah, & at the same time added, y* he was a foole of a man y' could not have y« Yse of a maid & she not be w"^ child. Edward Turner likewise testifieth y' he heard y° sd Rich: Marshall say, y* he was a foole of a. man y' could not have y^ vse of a maid and she not be with child. [175] II Sarah Firman & Elizabeth Hinde do testify, that they heard Bethiah Hawes say y' her brother sent her a paire of gloves, w<=i» gloves she vpon examination owned to be y« gift of Rich. Marshall. Hannah Peston testifieth y' about the beginning of y« moneth, Bethiah Hawes told her that folks in y« towne said she had a great belly, but she did not know how she came by it. Sarah Firman likewise testifieth y* she told the said Be- thiah that she heard a report about the towne y* she was with child, to w^ she answered she heard non of it ; she further replied, if it were not so, were she in her case, she would en- ' deavo"" to cleare herself, Bethiah answered yt she was cleare already. Elizabeth Hinde likewise testifieth y' she being at y^ same. time with M". Firman j advised Bethiah if this report were falce to acquaint her M'. & M'^. TFith it, & she did not ques- tion but they would seeke to cleare her, her reply was y' it was a lye, w<='' reply Sarah Firman likewise ■ testifieth y* she heard. These testimonies were given in vpon oath before me at MiKord, Octob' y« 19. 68. Benjamine Fenn. Sargeant Baldwin exprest that he was desired to speake in J" case though he had no delight in it, whereas it was said by .the elder that she might not ynderstand y^ word familiarity, it was also propounded to her vnder y® word daliance, she was asked if there was no dahance preceding yt act, she answered no, & she said that there was no familiarity betweene them at any other time ; to that it was answered by y* court y' he had confest he kist her, & y' was daliance, & y' seuerall testi- monies also say y' he was familiar with her, to w"'' Sargeant Baldwin answered y' this was said, yt as he went to & came from his child he had speech with her; he further said he would be 34 266 RECORDS OF THE [1658 far from darkening the case, but desired y' if the partie ac- cused be indeed guilty y' it might be knowne, but he had something to propound y* to him made y^ accusation doubt- full, w'' he desired might be considered, he conceived that there were passages in the examination w"'^ are not written, first she said that their were no p''ceding acts of daliance at y' time spoken of, onely y'^ act, she was now asked if this was true, she answered she Tcmembers no daliance preceding, she was asked how long they had been together before the act, she answered she thought he was newly come into y« yard when she had done milking & then it was done, she was by y'' court advised y' as she hath falne into a great sin, y* she add not to it by accusing one to be guilty, w<='' is not so ; it was demanded of her whether she vsed any meanes to shun him, she answered y' she prayed him to be quiet & he said he would doe her no hurt. Rich: Baldwin desired y' it might be considered whether by some of the testimonies given in there doth not appeare in her palpable contradictions, in sayin^g first y' her brother sent her a paire of gloues & afterwards owned them to be y'^ gift of Rich. Marshall, he said he saw no reason, first, why she should contradict herself, secondly, why she should conceale the doner Rich. Marshall, w"^ vntil necessity compeld her she confessed not. Bethiah was asked what she said to this y' was now spoken [176] by Sargeant Baldwin, || to which she answered that she remembers not yt she said her brother sent them, but that they came out of y« Bay, & so they did, for Rich. Marshall brought them thence. Mf. Whitman declared y* y= ground, as he tooke it, why. Richard Marshall gave her these gloves was this, he dwelt in his house & she washt for him, therefore he might give them tt) her, & she concealed them not from her m" ; j^ court de- clared that this ground spoken of was lawfuU & honest. Richard Baldwin further said, he could not but marvell y' she should say she knew not how she came by her great belly, as the testimony given in declares as spoken of a time not aboue a fortnight before the exammation ; another thing Sar- 1658] JUEISDICTION OP NEW HAVEN. 267 geant Baldwin desired might be considered, that she hath not scattered such wayes of wantoness only to him, to w<='> it was answered yt it doth aggravate his guilt that he would keep company with her at Tnseasonable times, she being one of so bad a carriage. Sargeant Baldwin declared y* it hath beene said y' she had spoken to sundry weomen to speake to some to come a wooing to her, w""* she being asked denied, but M'^. Penn sd that one woman gave such a testimony, & Bethiah being sent for backe, she would not come but said y' if they had any thing to say they might have spoken while she was there. The Court told her that she was one that had spoken falcly as the witnesses affirme, & y' she hath beene of a light car- ' riage, & j" same is found evidenced concerning the man in his carriage towards her. ^ Sargeant Baldwin sd y* one time indeed spoken off, viz, his being in y^ house with her, cannot be excused, he hath owned y' he was with her there, but withall he sayes she was milking, & one coming by, he went into y^ house, W'' is an open house as he conceives ; as for the other times spoken off, he*was on one side of the railes and she 6 the other, & he gives the rea- son why he past y' way, viz*, to visitt his child at nurse ; it was by y" court answered y' he might easily p''tend occasions, but his carriages have been vnsattisfying in refference to her who is now with child, & theres no other gives ground of sus- pition but himself. Vnto w**" Rich. Baldwin returned, that there is something testified concerning another man, & he hath observed be- tweene them such familiarity this day in bringing her from Milford & keeping company with her here, as renders him, viz' Rich. Marshall, suspitious. To which M^ Whitman answered y* she could not ride alone, therefore he rode before her, & his being with her today was w"' respect to y^ court, haveing heard yt something would be spoken against him there, & besides he heareing of her being with child when hee was at -f Manatees, if he had beene guilty he conceived he would not have come to Milford. Richard Marshall was called & asked what he said to those 26S fiECOEDS OF ME t^^^^ base speeches mentioned in y^ testimonyes of Edward Preston & Edward Turner, to W^ he answered that they were base speeches indeed, but they were not spoken by him, if he had so spoken he should not have beene ynwilling to suffer ; he alleadged y' one spake of a time as they were going betweene Dorchester & Boston, & the other cannot say where he heard it, & besides y' they have a grudg against him. It was asked why he objected not these things before the witnesses, he said y' he did object, but was told y^ ground why he objected was not sufficient. [177] II Sargeant Baldwin further said, y' Edward Preston sd y' Rich. Marshall being oft left in charge with y^ vessell was gon fro the vessell, & he supposed yt when he was asked where he had been he sd at M"". Whitmans, & when he came he was not fit for his business. * The Court haveing thus far heard, declared, as for Richard Marshall, they take notice of base & sinfull speeches spoken by him, w'^'' words call for corporall punishment, but being y"' first time, the sentence was that he pay 20^ fine to y" jurisdiction. For John Baldwin he hath rendered himself a suspitious man to be the father of this childe, who hath cOnfest that he hath beene with her at vnseasonable times, kist her, & there is no other accused by her, they declare y' they should wait to se what the pvidence of God will discouer concerning him, in the meane time they leave him as a man vnder suspition, & re- quire y' he putt in security to 50^^ vallew, out of his land at Milford, to attend y« court further in this matter when he is called for, W^ 501' he then engaged. And for Bethiah, she is guilty of a horrible simi, for w<=h she must be accountable before God & to this court ; she was told that she hath to doe with an allseeing God, who can write her sin in her forehead, who is a jealous God, & will not be dallied with. For her appearance at j^ court when she is called for, M'. Whitma now before y^ court engaged. M"^ Goodyeare & her children by M"-. Lamberton p'sent- ing themselues before the court, she desired that y^ portions w"'' remaine vnpaid dew to the children, might be set out by 1658] JuEiSDroTioN of new haven. 269 y° court, vpon ■which ppdsition it was demanded of Willm Trowbridge, y^ husband to Elizabeth Lamberton, what he had received of M^. Goodyeare of tlie portion dew to his wife, he said 60'', w'^'' with lier part of the land of M"". Lamberton, was found neare 12s too much, W^^ he pmised to be account- able vnto y^ estate for. M"^. Goodyeare further desired that certaine houshold goods mentioned in a writeing she gave in, w^^ contained the better part of them, might be part of the said portions, W^ was declared to be no more then the neces- sity of their family cald for, w^ y° court takeing into consid- eration & judging it better for y" estate y' all y^ houshold goods goe together, appointed her j" whole, also at her desire granted that aU y® cattelle, sheepe, horses, mares, hoggs, carts, plowes, mentioned in y° inventory, should also go towards y® discharge of the said portions, y" remainder was left to be set out by Newhaven court, in land or otherwise as they shall see cause. Hannah & Hope Lamberton, being at age, were appointed to receive their portions, w"^ they desired might be delivered to their mother, for w'^'' they are to give a discharge to New- haven court. Deliverance, who is to have a double portion, & Mercy, Desire, and Obedience, chose their mother for their guardian, who accepted & y® court approved, vpon condition, as they [178] told her, that if she || should change her condition, or that y^ portions of them vnder age should be in a wasting way, or vpon any other iust cause, they leave it to Newhaven couj-t to call for & require security, or otherwise to dispose of the estate y' y^ children vnder age be not wronged. It was also propounded y' M". Goodyeare might have & enioy for her life, a third part of all houses & lands whereof Mf. Goodyeare stood posest at his death, according to o' printed law in y' case, & that the thirds of M^. Lambertons houses & lands, hers before by vertue of a former law in force w° M'. Lamberton died, might be reserved ' entire to her, wi" ppositions in the behalf of M". Goodyeare, the court at p'sent saw nothing but it might be granted. M", Goodyeare haveing resigned y^ estate of M' . Goodyeare 270 RECORDS OF THE [1658 vnder the power of Newhaven court y' so it might more fully appeare that she desired that rules of righteousness might be attended (as far as could be) towards y^ creditors, this court takeing y' matter into their consideration, did in psuance of y* end, order that y" secretary should set vp a writeing at y^ meeting house dore at Newhaven, the contense whereof is as foUoweth, This may certifie those who it may concerne, y* whosoeuer is debtour or credits to y^ estate of M'. Stephen Goodyeare, late of Newhaven deceased, is desired to bring in an ace" thereof to W™ Gibbard, secretarie at Newhaven, betwixt this & y^ court of magistrates to be held at Newhaven y^ second day of the weeke next before y« court of ellection, the 4"» day of the last weeke in y^ S"* moneth, comonly called May, next, at w^ time y* court will heare & consider of the seuerall debts demanded & y^ proofe made concerning them, & so order and dispose of y^ estate as they shall then see cause & ground for, that righteousness may be attended as far as light appeares. iW. Peirson, plant'. \ Before the declaration of the case y« Jo Cowp. and Math: > plant' p'mised that he did not judge Moulthropp, defendts. ) it vnlawfuU for a minister of the word to prsent his case to y* judgment of y^ magistrate, for y^ determination of such civill controuersies as may arise betwixt themselues & others ; for were it so, then should they be in worse case in yt respect then other men, but he had not beene forward this way, but had offered to these two bretheren to put y^ matter in question to arbitration & not be brought to publique triall, but they told him y' it concern'd an absent man, therefore they thought it needfuU to be determined by y° court; w'^'' being spoken, j" plant' in a action of the case declared concerning a black dun mare taken vp & detained by y° defend'^ But in y* psecution of y° action, y° plant, find- ing himself not pi'pared in poynt of testimony, at his desire it was deferred till y^ next court. "^ The third day of Nouembf next was appoynted for a day of thanksgiveing through y^ jurisdiction for y^ mercyes of the yeare past. 1659] jubisdiction op new haven. 271 [179] At a Court op Magistrates held at Newhaven FOR THE Jurisdiction, the 23t'» op May, 1659. William East being by y" court at Milford bound in a bond of 50'' to attend tins court appeared not, but instead thereof sent a petition to excuse his non-appearance, w^^ was p''sented & read ; w"^ being done, M^ . Fenn declared y' the said William East being found drunke, he acquainted their deputies "with it & according to the sentence of this court, the 21"' of Octob, 1657, he was set in y" stocks at Milford, & further he declared that he hath beene drunke since his stocking, & y' he himself saw him so in his owne house, wherevpon he made enquiry where he had it, & vpon enquiry found y' he had broached an ankor of liquors in his owne house, & y' he spake to him as he could to shew him y" greatnes of his sinne, & told him yt if he would not dispose of the liquors within 24 houres, he would send y° marshall to seaze it to p'vent the abusing of y® creature, but withall promised him y' it should not be embez- zelled nor wasted, nor should he be hindered from selling it, & yt y^ sd W™ Bast gave threatening words, saying if the marshall come, he had best to looke to himself; further M"". Penn sd yt about y° time of 24 houres he sent the marshall to looke after it & it was sould; w^^ being related, y= court declared y® bond of 50i> to be forfeited & may be cald for when y^ court sees cause ; as for y* petition p^sented, they reject it, & doe require y* W™ East make his appearance at Newhaven at y° next court of magistrates. John Heardman being bound ouer to y^ court, appeared, who was told y' he was to answere for great & gross mis- cariages by him committed at Milford, w'''' M'. Penn, being desired, more pticulerly declared yt Jo. Heardman being at Milford, he was informed y' he was drunke, wherevpon he wrote a warrant & sent it by y° marshall who found him in y' case, who required Jo. Heardman to come before him, who came a little way but at last hitt his hatt o the ground & bid the marshall touch him if he durst, so y" marshall laid hold on him & gave him a fall, but y^ sd Heardman was very vnruly & kicked him y* was to assist the marshall, but at last 272 RECORDS OF THE [1669 they brought him before him, wherevpon he told him y' he had heard y' he was drunke, therefore he had sent for him to see the trueth of it, but Heardman denyed that he was drunke & vsed many turbulent expressions, though he gave him no occasion, & said y' he would tread him vnder foote, as he had done him; further M^ Fenn said y' he told Heardman y' he was drunke as appeared by his reeling & staggering & ill pnouncing of his words, y" word justice in pticuler, w'='' he bid him express plainly but he could not ; further y* he told him yt he was vnder y^ breach of y"" law & had beene formerly punished by y° court, & y' now he should go on in such a way did greatly aggravate his fault, to w^ Heardman answered yt y^ lawes were his will, or words to y* purpose, to w'='' he replied y' y^ lawes were not his will, but he hoped according to y* will of God ; after this Heardman threatened him & said, [180] if he had him out of y^' jurisdiction where |1 he could have justice, he would deale w^^ him; to W^ M'. Fenn said he answered, y* he had iustice heare by y^ court who had for former miscarriages laid a fine vpon him, some part of w'^'' he had secured, but had withall told him y' if he would see his sin & give satisfaction to his wife & others y* he had wronged, he would remitt a considerable part of it, or if y"* court would take a review & punish him another way he would submitt it againe to them. M''. Penn further said y' he kicked y^ mar- shall & called him begger, & said yt he would lie & sweare to any thinge, vpon this he bid the marshall put a locke vpon him, & told him y' he must goe to Newhaven except he put in security, w^ he refused to doe, & was comitted to y" marshall, but afterwards security was given for his appearance. Tho: Wheeler y^ marshall was told if he any thinge to add to what M^ Penn had said, he might speake, vpon w'^'^ he declared y* the generallity of the things spoken by M'. Penn he remembers, & further to make it appeare y' y'= said Heard- man was drunke he declared yt when he came to fetch him before M'. Penn, he spake words he vnderstood not, calling vpon M''. Pell to give him his oath, to.w^h when he answered he was no magistrate, Heardman r,eplied yt he was a magis- trate. Y" marshall now further sd y* when at last lie was 1659] JUEISDICTlON OP NEW HAVEN. 27^ willing to goe to y' magistrate, he sd he would have him to y=' magistrate. John Heardman was now asked if he owned this y* was alleadged ag* him, he said he owned all, but excused itas he could, saying yt he was ouertaken by drinkinge of rum. The gouernour told him, were he a well conditioned man at other times, his excuse were y® more to be regarded ; to w"*! he answered y' he was neuer so before, but was told that he knew the contrary was proued, & y' his carriage hath not been only thus offensive when he is drunke but at other times also, w'='' to make appeare, Tho: Wheeler affirmed y* on y* morrow morn- ing he sd he was a very rogue & rascall, & y° very scum of y« country ; to w"''" Heardman answered y' he knew not y' he slept a winke all night, & y' it was two dayes before the dx'inke was out of his head. Heardman was asked how much liqueurs they had, to w'''' he now answered he knew not how much, whether 3 or 4 quarts ; he was asked how many were at y" drinking of it, to w^i" hee answered y' there was himself & Cable, & Post, & Lockwoods sonne, w'^ y^ court witnessed against as an excesive quantity for so small a company, w^^ y* court will consider of. Mr. Penn further exprest y' Heardman hath said that he hath freinds would speake for him, being asked who, he named Sargeant Baldwin, but he now said y' Sargeant Bald- win had alwayes given him good counsell ; to w^^ it was said, had he given him more good counsell & less liquors, it had been well; wherevpon Joseph Waters informed yt he vnder- stands y* there was half a score that dranke of this liquors, but proued it not, but M^. Fenn added y' Post was not as he should be, & that it was reported that at y' time some y* came this way could scarce gett vp vpon their horses, nor sitt when they were vp. Heardma was told y' had it beene a single fact, though in a grosse degree, y° court might have exercised lenity towards him, but when it is spoken off as a thing vsuall to be drunke, they saw not but he must be made an example vnto [181] others. Heardman confessed yt he was of || a hasty spirit, but was told y' it were to be wished y* he were not of a malicious spirit against goodnes & those in authority, & y* he 36 274 BECOBDS OF THE [1659 declared himself to be a sonne of Beliall, not subject to any yoake, and y' if all men were of his frame, it would be a hell vpon earth & no liveing among them. Mr. Fen propounded y' if John Heardman would hare a reyeiw of any past action he would answere him, to w'^'^ he answered yt he had nothinge against M^. Penn. The Court haveing heard y° pticulers alledged & proued against John Heardman, declared y' they looke vpon his mis- carriages as exceeding great & greatly aggravated, giveing out threatening speeches, trampleing the magistrate X^s it were) vnder his feete & y^ lawes of j" jurisdiction, saying they are the wills of men, kicking y" marshall, &c., declared that his miscarriages call for corporall punishment, but he being not well, they would not pceed y' way, butby way of sentence ordered, y' Jo. Heardman pay 10'' fine to y" jurisdiction, & y' he put in security such as y' court shall accept for his good behaviour whilest he stayes in y^ jurisdiction, in j" meane time to lye in prison at his owne charge till security be given, & if this sentence be not pformed y* court will consider some other way. Sigismund'Richalls of Brandford engaged himself & estate to the vallew of 50'' for the good behaviour of Jo Heardman for a moneth, & then to dd him to y^ marshall if he answere not y" sentence in y° meane time. The Court declared y' according to a writeing sett vp at y« meeting dore, by order of the court in October last, that any yt have any claime to make to any part of y® estate of M''. Goodyeare deceased, they may now speake & j" court will heare them & consider of y° grounds of such claime. M'. Henry Woolcott p^sented 2 bills vnder M'. Goodyeares hand, both bearing date August 25, 57, y° one for 179'' 19s, whereof 157i> was to be paid in money in London, y^ rest in currant country pay, y^ other bill for 117'' 5^ 0^, whereof he hath received 62" 9^, y^ remainder is 234 ISSj-W''' proofe y^ court accepted, he also pleaded for. damages w"=^ was left to further consider aition. M'. Crane & M^ Auger in y^ behalf of M'. Hickcox of Lon- 1669] JUEISDICTION OP NEW HAVEN. 275 don, demanded 40'' wt^ allowance for 8 yeares ; y« 40i' was allowed, y= forbearance left to be further considered. Christopher Tod demanded, & by bill proued, a debt of S''. Tho: Dunke of Seabrooke, by his attorney John Cowper, demanded 111' vnpd of a bill of 50'', w«'' y^ court at p-'sent saw not but it must be allowed. A bill from M^ Goodyeare to M'^. Willm Paine of Boston, dated July 30, 57, was p'-sented, & by it 10" 16« S^ demanded, vr"^ was allowed. A debt of 4" 4^ dew fro y« estate to W. Nicholes of Sea- brooke was allowed. The inventory of y= estate of M^. Goodyeare was shewed to y* credito'^s y' were p'^sent, as also another writeing wherein was contained y« estate remaining, M^ Lambertons children being paid, & M". Goodyeares thirds by her demanded to be deducted,- as also y^ bookes of M'. Goodyeare were p'sented, & withall it was propounded to y= credito'"s, y* if any of them- selues or any other fitt men that they should appoint would take paines to serch y« bookes & make vp accounts w"" such as should be found debto'^, & gather in & p'^serve y^ estate for y« vse of the credito'"% & put it in a way (by sale of lands or otherwise) y* it may be y^ better fitted for distribution amongst y« creditcs in Octob"^ next, y^ court would authorize them therevnto. [182] ll Some questions also were propounded by y^ creditoi's Concerning y« equity of M.'^^. Goodyeares thirds, but nothing issued to make void her claime. Sundry demands were made vpon y* estate besides those before mentioned, but the business not being sufiiciently p''pared for a full issue, hopeing also y' in y' time we may have intelligence from England, y' if any business concerning the estate come thence, it may also be considered ; in the meane time it is left w"* Newhaven court to receive such proofe of debts demanded as is brought to them, yt so a finall issue (if it may be) may be putt to this matter, the 17"! day of October next at one a clocke, w"'' is y^ time agreed vpon by y« court to meet & consider of this matter, as shall be declared by a writeing set vp at the meeting house dore at Newhaven, by order of this court this 23*'" of May, 59. 276 EECOBDS OF THE [1659 William Grave being warned to y« court, made his appear- ance, but the planteife a appeared not to psecute. Edmund Barnes, a marriner & Quaker, beinge found ashore was called before the court & examined, who being found weak in his way, &, it not beinge proued that he had vented y« Quakers pnitious tenents, was comitted to the marshall to be carried aboard, & he warned not to come againe ashore w^'out license, & y^ marshall ordered to serch for & seize any Qua- kers books he should finde, & bring them to the court. It was also demanded of the m"^ of the shipp, wherefore he brought Quakers amongst vs contrary to o"^ law ; hee pleading ignorance, & promising to doe his endeavour to keep him aboard & to carry him out of the jurisdiction, was not further pceeded against at this time. Leiftewn' Nash, \ ^ Leiftenn* Nash, Sargeant Gervase Boykin, >plcmf. i Boykin & James Bishopp, James Bishopp, ) . | as agents intrusted in y^ Rich: Baldwin, defendV. J behalf of y® estate of Sam- uell Cafl&nch deceased, in an action of the case declared against Richard Baldwin of Milford, concerning a gray mare about 4 yeares ould, branded on y^ neare shoulder vrith a S, w"' a nach on y" further eare, Jier vsuall walke being betweene Oyster River & Walnut tree Hill, or the parting of the river, w"» a colt belonging to her; w'''' mare they conceive was taken vp by Richard Baldwin & somtime detained by him, & since sent out of the jurisdiction, & y' after he knew they laid claime to her as belonging to y^ estate of Samuell Cafiinch. M^ Walker in y^ behalf of Richard Baldwin appeared to answere y^ sute. Letters of attorney authorising both plan- teifs & defend' being pi^sented were approued, but M"". Walker declared y' he had no order concerning the colt, only what they had to say concerning the mare he would answere to ; he was told y' if y^ mare was proued theirs, y° colt belonging to y" mare would be found theirs also. The defend' desired to know y°. grounds wherevpon they laid claime to this mare, the markes, both naturall & artifi- ciall, spoken of by y= planteifes, being the same as theirs hath, & denied y' Rich: Baldwin had any foreknowledg that they 1659] JURISDICTION OP NEW HAVEN. 277 laid claime to her before she was sent out of the jurisdiction, & afl&rmed y' it was neuer Rich: Baldwins mare, but alwayes half M^ Pells, & y' Rich. Baldwin was not the principle [183] agent, but M"^. Pell, & -that Sargeant Baldwin || was only imployd by M^. Pell, whose the mare now was, & further y' y° mare was not fetched vp by any order from Richard Baldwin, but was brought vp by accident, & he saw not but if it were lawfull for them to take her vp & make him to cleare his title in this jurisdicon, but y' it was lawfull -for M''. Pell to put them to cleare their title in another jurisdiction, & besides he knew not how Sargeant Baldwin could withold her, being the mare was M"". Pells ; but he was told that he might have gone to y^ magistrate, & acquainted him y' the mare was claimed by another, & y' shee ought not to be sent away before, the case was cleared. The plaint', further declared that they conceived y^ case was thus, there was a partible stocke betweene M^ Pell, in y^ behalf of Phillip Scott, & Richard Baldwin, w*" after some time came to be devided, & y* in y"= devision there was a gray mare spoken of, half of w^'' mare fell to M'. Pell, & y« other half he bought, yr"^ mare vpon y«' first sight by Edward Camp was to be accepted by M^ Pell as deliuered, w^ they conceive was the mare in question, & being delivered, M^ Pell sould her colt to John Gibbs, vpon w"^ occasion John Gibbs being at Fairfeild, speaking with M^ Pell, he told him y' Rich: Bald- win had sent to him to fetch the mare away, for others laid claime to her, but M'. Pell said, if it were theirs in Newhaven jurisdiction it would be theirs there also, y« substance of w"^ discourse was now by Jo Gibbs affirmed in court to be so ; for the further clearing of y" case, y^ plainteifs further declared, that towards y« end of j" last winter, they imployed Edward Camp & Edward Dormer to looke vp the mares belonging to ye estate of Sam: Caf&nch, what past betwixt them as they went they desired y' they might declare, vpon W^ Edward Campe first declared, y' before this time Rich. Baldwin had desired him to bring vp such a gray mare, w^ he described, & yt bee asked him if he knew her, he told him he knew such a one, but whose she was he knew not, he had heard y' Samuell 278 EEOOEDS OF THE [1659 Caffinch had such a one but he knew not his stocke, & y' he told him that he expected if he brought her vp that he should be paid for his laboure whether it were his or not, w'='' Richard Baldwin said hee would doe, & y* if it were his, hee would owne her, if it were not his, he would turne her out againe, & y* after this he told Leiftenn' Nash y* he was desired to bring vp such a mare by Rich: Baldwin, vpo w'^'* Leiftenn* also desired him to bringe her vp, & said if we have her they shall proue it theirs before we let her goe againe; Bdw. Oampe further said y' after he had scene the marke o y« mares shoul- der, he told John Burrall y' it differed fro Rich. Baldwins, to which he answered, so it did fro Sam: Caflfinches, y* might be in ys setting on, vpon y' he told Leiftenn' y' it was said y' their brand agrees not w'^' y^ S. vpon the mare, to w"'' he answered that they had two S^:, one of w"^, when he had seene at Sargeant Boykins, he found it did agree w"i that vpon the mare, w'^'' being found & driven to M'. Whitmans yard, Richard Baldwin owned her, afterwards being broke out or putt out, y^ stocke came to be divided, & half this gray mare fell to Mr. Pell, who bought the other half, who was to accept her as delivered at his, viz., Edward Gamps, first sight of her, afterwards going out w"' Edward Dormer, by y^ appoyntment of Leiftenn* Nash & Sargeant Boykin, to looke vp y^ mares belonging to Samuell Cafi&nch, as they went along in y^ woods he, not knowing them, enquired of Edward Dormer what ones they were, Edward Dormer told him y' one was a gray mare about 4 yeare old, w'*" a strait S. on the neare shoulder, [184] which II had her walke betweene Oyster River & Wal- nuttree Hill or thereabouts, as soone as he heard this, he told Edw: Dormer y' this was y very mare w'''^ Richard Baldwin laid claime to, w""* they were to looke vp for him. Being come neare to Oyster River they parted, Edward Dormer finde- ing the mare, he called to him & sd heare is M^ CaflBnches mare, to whom he replied that this was y'' mare y' Rich: Bald- win had desired him to bring vp for him. Edward Dormer desired him to help him to bringe her to Newhaven, but he refused, & told him y* he thought it not faire so to doe, being hee had vndertaken to bring her vp for another; after this he 1659] JUEisDiCTioN op new haYeN. 2*7^ coming to Newhaven, he told Leiftenn* Nash what had past & the reason why hee would not bring her home, Leiftenn' desired him to send Rich Baldwin word that ttiey laid claime to this mare for Sam: Caffinch, & to desire him y' they might have a sight of y^ mare ; accordingly he did send to him by Jo. BurraU, who said he told Richard Baldwin y' Leiftenn* Nash claimed the mare for Sam: Caffinch ; afterwards hee told Richard Baldwin at Milford y' y« mare was claimed, how & by whom, & yt Edward Dormer had given such descriptions of the mare before he saw her y' it tooke such impression vpon him y' he thought it was Sam: Caffinches mare, & y' Edw. Dormer would take his oath of it, & y' the markes did agree with another of his W^ they had taken vp, & that he told Richard Baldwin that he vnderstood that he marked on y other eare, to w'* he answered y' his wife by mistake did marke it on y^ wrong eare when it was a colt, & further y' he told Rich: Baldwin y' he doubted if it came to tryall he would be cast, though it were his mare, because this did agree w"" M''. Caffinches booke; he further affirmed that Richard Bald- win asked him, when he saw y^ mare last, and where her walke was, but said nothing of her being in his barne, where afterwards he saw her at y* time. It was further said yt soone after this time she was sent away out of the jurisdictio ; vnto w'='> the defendt replied y* he might well make this enquiry after her, y' so he might be y« more confirmed that this mare was his. The plainteifs further alleadged, the business haveing thus far proceeded; y' afterwards two of them, viz, Leiftenn* Nash & Sargeant Boykin, went ouer to Milford & debated ye matter with Rich: Baldwin about this mare ; at first he was all for a legall proceeding, but they pressing him y' it might be ended in a way of loue, at last he came to this, y' he would come to Newhaven & debate y" matter before y<= gouernour, but it seemes he fell sicke & so y* agreem* was frustrated ; after this they poured James Bishopp & Edward Dormer to goe to Faii'e- feild to see the mare, who veiwed her & doe judg, as they will testifie, that they ap-^hend it to be y« mare belonging to y« estate of Sam. Caffinch. 280 RECOKDS OP a*HE [1659 The defendt pleaded that they could not give in yt evidence as otherwise they might, being M^ Scott, who had y jprincipall ■ knowledg of this mare, was out of the country; he was asked why ye mare was then sent away, being the man y' knew her best was at such a distance, but withall he was told y' y« mare being now but foure yeare old, it was not likely y' he should have such knowledg of her, he haveing been absent soe long as he hath been. The defendant further declared, that he thought it reasonable yt M'. Pell had liberty to plead in y« case, being y« mare is his, vnto w"'' Sargeant Boykin replied [185] that M"". Pell beinge |1 at Newhaven, he told him that the matter was to be heard before y« gouernour, & asked him if he would be p''sent, & y' M'. Pell said no, he had nothing to doe in it, he had y^ mare of Eich. Baldwin. M"^. Fenn also said, when he gave Richard Baldwin order to be heare, he heareing y* M"". Pell was in towne, he sent two messengers to him to desire him to come & see if it might be issued, but M''. Pell refused, & said he had nothinge to doe with it. The defendt p'sented the testimony of Michel Tom- kin & John Baldwin, w"^ is as followeth. May 23"! 1659. Wee, whose names are under written, do testij&e y' wee heard M''. Pell say, (at Richard Baldwins house, the 20'^ of this moneth, vpon the question asked him if he did not appoint Richard Baldwin to send the mare to him,) that he appointed" Rich : Baldwin to send her, & spake many words to y* same purpose, & seemed to be very angry that they should make soe much trouble, & also he said, why doe they not sue mee as well as you, I have a part in her, if they cast you I have two leggs still, or to that purpose, also he said, hee gave Edward Campe 5= to receive the mare, & yt he had ordered him to brandmarke the colt, also he said, lie let her be here a twelve moneth, y' any might have claimed her if they could. Michell Tomldn. John B Baldwin. The case being thus far heard, the plainteifes desired y' for the grounds of their claime to y" mare some further evidences might be taken & consided. First Edward Dormer vpon oath testified that the first time he knew this mare was when it was a colt, sucking on a dun mare owned by M^ . Caffinch, w^i" colt was brought home & 1669] JUEISDICTION OF NEW HAVEN. 281 branded before it was a yeare old, it was then a whitterish couler ; in the second yeare he saw it, he supposed 10 or 12 times, & yt yeare he brought it vp to W™ Gi^ards yard, w<^h - was then turned gray, & in the third yeare he saw it pretty oft in her vsuall walke betweene the Oyster Eiyer & y^ part- ing of the river, w"''' is the mare y' James Bishopp & hee saw at Fairefeild. James Bishopp vpon oath also testified that they had an acc° of all y<^ horses & mares left by M^. CafQnch, in writeing, y« naturall markes, brand markes & eare-marks, & y^ markes of this mare doe answere it, that was a whitterish couler when it was younge, afterwards turned to a white gray, he said he conceiyed he was at the markinge of it, & y* y« mare when she was about two yeare old he saw in William Gibbards yas-d, where he observed y* S was defective, she was now a white gray, & it was then said yt it was M^ CafBnches, y^ next spring he saw this mare betweene Oyster Eiver & Milford necke, & y* to y^ best of his knowledg or vnderstanding it is the mare w^^ they now saw at Pairefeild, w<^h is now in ques- tion. Edward Campe also testified vpon oath, that being desired to goe out w*)" Edward Dormer to looke vp M^. CafEnches mares, he not knowing them, he desired of Edward Dormer to know What mares they were, & y' Edward Dormer told him y* for y^ most part between Oyster River & y^ partinge of the river there was one of them, w^ he described to be a light gray, with a long strait S on ye shoulder, vpon w^ he told him that y' was y* mare claimed by Rich : Baldwin to be his, to W^ Edw: replied, it is M^ Caffinch his mare, & y' coming neare Oyster River they parted, Edward Dormer findeing y^ mare, he called to him & sd, here is M^. Caffinches mare, & y' he told him y' it was y' W''' was claimed by Richard [186] Baldwin & y* he further said || to him y' he thought it not faire to drive her to Newhaven, being he had vndertaken to bring her vp for Richard Baldwin, & y' when they came home, he told Leiftenn* Nash, & y^ reason why they brought her not home, because he had vndertaken to bring her vp for Rich. Baldwin, & y' Leiffcenn' desired him to send Rich, Bald- 36 282 REOOEDS OP THE [1659 win word, ■w<'^ he did by John Burrall, & that afterwards he told Rich: Baldwin at Milford how, & by whom, she was owned, & y' Edw: Dormer had given such a description of her y' it tooke such impfsion on him what he said y' he did thinke it was M'. Cafiinches; and further y' he told Sar- geant Baldwin, that he thought yt Edward Dormer would take his oath y' it was their mare, & y* we had. taken vp a bay mare of his, whose eare marke & brand marke doth agree w^i this, and y' he rnderstood that his eare marke did not agree with this, to which he answered y' his wife by mis- take did marke her vpon y" wrong eare, wherevpon he told him yt if it come to tryall, he doubted he would be cast, though it were his mare, & yt at y' time Richard Baldwin questioned with him about the mare, & asked where he saw her last, & y' he told him at Oyster River hee saw her, but Richard Baldwin said nothing of her being in his barne, where anon after he saw her. John Burrall vpon oath testified, that when he brought y= mare to M^. Whitmans yard, he told Richard Baldwin y' he had brought vp y^ mare, vpon y' Rich. Baldwin came, & w"> him he thinketh Daniell Mun, at w"'' time he owned her to be his, and y* after Edward Campe had spoken w*'' Leif- tenn* Nash about the mare Edw : Dormer & he saw at Oyster River, & Leiftennt had desired him to send Rich Baldwin word that they owned her, Edward Campe spake to him to tell Rich. Baldwin so, & he did tell Rich. Baldwin soe, but whether he did deliuer it as a message from them he remem- bers not, but tell him he did, & this was long before goodman Oampes speech with Sargeant Baldwin at Milford. The Court told the defend^ that he had heard ye testimonyes given in by y^ witnesses for the plainteifs to proue this mare to be theirs, he had his liberty to produce what testimony he had to proue her to be his. Vnto w'='' he answered y' he had not time to gather vp ye testimonies y' might be given in in y« case, haveing but one entire day betweene his warning & j^ time sett for his ap- pearance, he therefore desired yt there might be a demur, yt they might come better furnished ; to w^h ye plainteifs replied 1659] JURISDICTION OF NEW HAVEN. 28S yt it was agreed betweene Rich. Baldwin and themselves a weeke before, that they should meet together at y« gouernours about this question, therefore he had occasion sufficient given - him to have his witnesses in readiness, wherefore they judged it not reasonable, y' they should be hindered y* they might not have iustice in the case by such p^tences. The defend' was asked what security he could give, (if a respitt were granted,) y' y^ mare should be brought againe into y^ juris- [187] diction for a legall triall, or whether hee || would not rather submitt the case to triall at this time, there haveing been as did appeare sufl&cient time for y'' procureing of any that might give testimony in y^ case ; vnto W*" y^ defend* answered, for security he cQuld give in non, & w"iall he de- clared that he had nothing against a p^sent issue now at this time, only he feared it might occasion another sute, but desired y' if the mare was found to be theirs y' he might have allowance for fetching her vp & other charges about her ; vnto ■vych ye plainteifs replied y' it was an injury to them y' she was fetched vp, & y' it had beene better she had beene let alone in her walke in ye woods, where she was in good case, & desired y' it jnight be considered as a publique disorder, the plainteifs desired might be considered. James Bishopp further said, y' he conceived that y^ words of Rich : Baldwins wife would cast the case, for when he told her y' this mares vsuall walke was about Oyster River, she answered that she then doubted it was not theirs. 284 RECORDS OF TSt; [1659 The plainteifs desired y' they might be allowed by y' de- fendt j" charges they have beene at in y^ prosecution of this business by his default, W'^ they gave in writeing, amounting to 3ii 17=. The Court haveing heard & considered the case, an issue being desired, both by plainteifs & defendt, by way of sentence it was declared, that according to y^ euidence given in, it doth appeare that y^ mare & colt in question doth belonge to y° estate of Sam: Caffinch, w"^ y° court orders Richard Bald- win either to returne in kinde, or pay for y^ mare 14'' & for y^ colt IQii to y^ plainteifes in y^ behalf of yt estate, w^h 31' 10= for charges, (& 5'' as a fine to the jurisdiction for his irregular act in so sending y^ mare out of y° jurisdiction,) betweene this & y* court of magistrates in October next, w"'' sentence M'. Walker engaged to answere, only he^ reserved liberty of reveiw or appeale as they shall see cause. Hen: Tomlinson came to y° court & declared, y' when y^ business concerning him, about y" customes & excise of wine & liqueurs, was vnder consideration by y^ court, it was found vpon y* account y' he had not paid for 5 hogsheads of wine, he also added y' when he made vp y'= acc° w^^ Ensigne Bryan there was 12'' paid, & y' he had divers times desired to know from him what more was dew, but he sometimes told him he could not attend it, at other times he could not finde it, & at last he told him y' it was dd to M"'. Fenn & M'. Penn had delivered it to the secretary or gouernour, he further sd y* he was fined for y* w"'' came in vpon a falce account ; he was told yt he had full liberty y^ last yeare to object what he could, & to discount almost what he would, (so far as o"" law would pmitt,) so y' y'' court shewM him a great deale of favour, for he was charged with a great delinquency, aboue what his pun- [188] ishm* was ; he confessed he had favour & thanked || the court for it, but said still y' it came in vpon a falce account. He was asked what he intended in his speech, he said it was to shew y' he had vsed endeavours to finde out his duty & y* he had beene hindered by Ensigne Bryan fro attending his duty vntill punishm* came vpon him, vnto w^h Ensigne Bryan answered yt it was long since, & y' it had beene well he had had time to 1659] JUBISDICTION OP Kew SaveU. 285 have p'^pared himself to answere what is now objected against him, but he knowes not y' euer he denyed to shew Hen : Tom- linson y*= account, nor y' he said he could not finde it, for he entered those accounts in a booke w°i' he had for that purpose. The names of John Corey, John Swasey, M"^. JohUiBooth, Joseph Youngs sen., Thomas , Eider, Edward Petty, Tho. More junior, all of South old, being returned to y^ court for refusing to take the oath of fidelity, Jo. Corey, being p'sent, was called & asked wherefore he refused to take the said oath, to which he answered, that lie had tendered to take oath that he would be no traito"^ nor conceale any treachery, but further he could not goe, as to binde himself to the obedience of such lawes as are yet to be made ; to w"^ the court replied, that he had beene forborne some yeares, but the thing must not be borne w*'' in any that live in y« jurisdiction to psist therein, for ye oath is safe, and not intended for a snare to any, for it is onely y® wholesom lawes, made or to be made, that they are required to engage to submitt to ; he was told if the oath were put in these words, that he should be subject to the scripture , if psecutors should arise & say this is the meaning of such or such a scripture, (w"^ is not,) & punish him for not obeying, that touches not his conscience ; he was asked if he had any other meanes in view y* he might vse for his satis- faction, he said no ; it was demanded if he would take j" oath, but he refused, whereupon y^ court declared, that there are others of Southold whose names are also returned, & yt al- though ye court might proceed with him at this time, yet they would leave it till the court in October next, at w^h time he with the rest are required to make their appearance, if in y® meane time they take not the said oath & certify it to the court. An inventory of the estate of M'. Stephen Goodyeare, de- ceased, was p'sented, proued (in court at Newhaven, the 4tii of January 1658,) vpon oath by M" ^ Goodyeare, ye widdow of ye deceased, to containe the whole estate of M'. Goodyeare to ye best of her knowledg, amounting to 804'' 09a 10"^, besides a part in ye iron worke vnapprized, w*^ some debts at ye Barbadoes & elswhere, not knowne how much, & 286 EECOEDS OF THE [1669 some pipestaves yet to be apprised ; w^ inventory was taken the 15th of October 1658, attested vpon oath by Leiftenn' Nash, "Will: DaviSj Hen: Lindon & Tho. Monson, y' y« ap- prizment was iust, according to their best light. The last will & testament of Tho. Nash, late of Newhaven deceased, was p'sented, made the first day of August, 1657, proued in court at Newhaven y^ T''^ of December 1658, wit- nessed vpon oath by M^. Mathew Gilbert & M'. John Wake- man to be ye last will & testament of y« deceased according to their best knowledg. Also an inventory of y^ estate of Tho. Nash was p'sented, amounting to 110''. 16^. 06^, attested vpon oath to containe [189] y« whole estate of y« deceased by Timothy Nash || to the best of his knowledg, & y' the apprizem' was iust, accord- ing to their best light, was attested vpon oath by M"". Jo. Wakeman & James Bishopp. The last will & testament of Tho: Buckingham, late of Mil- ford deceased, was p''esented, made the IQ'^ of September, 1657, subscribed by M"'. William Leet, & by him witnessed to be y^ will & mind of the deceased. Also an inventory of the estate of Tho: Buckingham, was pi^sented, attested vpon oath before y« court at Milford by Ann Buckingham, y« widdow of the deceased, yt it was a true inventory of all y« estate & goods of her late husband to y« best of her knowledg, w<='' amounted to 484ii 3= 8^. Eobert Treat 4 John Mecher, the apprizers, vpon oath affirmed y' y^ apprizem* was iust, according to their light. The inventory of the estate of Rich: Hughes deceased, was pi'sented, amounting to 96i' 4^ 7'^, proued vpon oath in court at Guilford, the 5th of Maj^ 59, by Willm. Stone & Mary ye late wife of Rich: Hughes & now W"" Stones wife, for y" quan- tity, & by ye oath of Robt Kitchell and W" Dudley for y vallew, also administration was then granted to ye said W™ Stone, vpon promise & engagem' to pforme ye payment of all debts & portions according to ye courts appointment. Joseph Alsupp, attorney for Robert Gray of Salem, in an action of debt declared against M"". John Wakeman for 20'', according to a sentence of the court at Newhaven the 6th of 1659] JUEISDICTION OP NEW HAVEN. 287 the ll'i" moneth, 1666, -w*'' iust damages since that time for the no payment thereof; the pceedings of Newhaven court at that time was now read, whereby it appeared that 20'' of the estate of M^. Roberts in the hands of M'. Wakeman'was con- demned, w'=^ some of 20'' the plaint', said he demanded of M"^. Wakeman, who told him that he should hare it, but it not being done he demanded it againe, & he then told him that he would speake to M"". Goodyeare, who had of M''. Roberts his estate in his hand, that he should pay him, but M^ Good- yeare not makeing paym', he demanded it of M^. Wakeman a third time but could not obtaine it, after M^ Goodyeare was gone for England he demanded it againe, & M^. Wakemans answere then was, that the estate of M^. Roberts was in M^ Goodyeares hand, but as for himself, he would not pay it, vpon that he desired & the court granted execution against the estate of M'. Roberts in the hands of M"". Wakeman, w^h exe- cution was served, but no estate could be found, he therefore desired the iustice of the court against M^. Wakeman in this case. Vnto yv"^ M.'. Wakeman now answered, that what is alleadged by the plaint', he doth ackuowledg in part, & sd that he was present when the court gave sentence in the case, & that they both (as soone as the court was ended) spake w"" M'. Goodyeare about the paym' of it, & Mr. Goodyeare then promised to pay it, & he ap^hended that Joseph Alsupp accepted it, & pay was tendered in beife, & in so doing he conceiTed he had attended the court order in this matter. The plaint', granted that pay was tendered, but it was in [190] stinking beife || w'''^ was no way merchantable, but denied that he euer accepted M'. broody eare so as to release the defendt., w'^'' if he had done M^ Wakeman would have called for a discharge, W^ he neuer did. The Court demanded in whose hand the estate of M^ Rob- erts was left, to w'^'' it was answered that the trust was left ^th jjr. Wakema & M^. Ling, but M'. Ling being gone, the sole power was w**" M'. Wakema, & y' non could interpose but by his order, both -W^^ M'. Wakeman granted, but w"iall 288 EECOEDS OP THE [1659 said that the sentence was against y^ estate of M"". Eoberts in his hand, but he had no of the estate in his hand. To wh it was answered, if it were in his power as it appeares j^ sole power of that estate was w"^ him, it may then be said that ye estate was in his hand, & he objected not against it when y« sentence was past, w'^'' had he done, it might have beene considered, but as it is, what reason can be given why he should not be responsible, being he let the man goe before the debt was paid, in whose hand he saith y^ estate was. To w^ M.". "Wakeman answered that y^ debt was due from M"". Roberts, & not from himself, & that he had no of the estate in his hand, & y' M''. Goodyeares pay was tendered, & Joseph Alsupp neuer said that he would not accept of M"^. Goodyeare for his paym^ whilest M^ Goodyear e was here, but now Mf. Goodyeare being dead he comes vpon him.for it, yf^ might have beene paid had not Joseph Alsupp neglected it, & he findeth that among other accounts M"". Goodyeare gives it in as paid. Vnto w"''' the plaint', replied that it was out of tenderness to M"^. Wakeman y' he forbore it so long, & y' he vnderstands that though his name be in M"". Goodyeare booke, yet there is no some, but it is left a blanke, but paid by M"^. Goodyeare he was not. The Court told M' . Wakeman that it is beleeued that he had spoken to M^ Goodyeare to pay it, but the thing is not done, & now Joseph Alsupp came vpon him by law for the debt, & it is not proued that M^ Goodyeare was accepted by Joseph Alsupp, who denyes it, & that he onely haveing the power of y' estate, & Joseph Alsupp haveing noe power to require it of M'. Goodyeare by law, it seemes that it is by his meanes that he suffers, & they were both told that p'sumption & forbearance hath done wrong in this busines, but being it was like to fall on M^. Wakeman to pay it out of his owne estate, it was propounded to the plaint', whether he had not power to compremise the businesse, that it might not fall so heavy, vnto w"^ he answered y* he could not doe that, being it concern' d an absent man, but desired the iustice of the court. The Court haveing heard the case thus p'sented both by 1659] JtTRisDicTroN of new haven. 289 plaint'. & defendt. declared that the sentence of Newhaven court, W'^ M'. Wakeman heard & owned, should have beene a obligation vnto him to see the estate forthcoming for the payment of the debt demanded, who had y« sole powe¥ of that [191] estate || deuolued vpon him, & did the therefore order, y* M"". Wakeman shall pay to Joseph Alsupp 20'' for the vse of Robert Gray of Salem, but the damages demanded, w"' the charges of y« court, to be borne by the plaint', who hath not seasonably psecuted in this busines, & thereby occaisioned loss to y« defendt. Tho: Staples, plainteife, ) The plaint' in an action of Deliverance Lamberto, defendt. \ debt to the vallew of SO'', declared ag' the defendt, but after sundry allegations, pleas, answeres & replies, w*'' seuerall testimonyes given in the case, the plainteife withdrew his action. The busines depending the last court concerning John Bald- win & Bethiah Hawes was now called vpon, & John Baldwin was told y' it was supposed that he remembered what past the last court concerning them, he was asked whether he had any thing to say in acknowledgm' of his evill. To W^ he answered, that what was charged vpon him by Bethiah was falce ; he was warned not to add sin to sin by further denialls if he were guilty of what was charged vpon him by Bethiah, who hath said it, & it is like would say it againe, & there are leading circomstances that looke y' way ; but he said he was not guilty of what was charged by her. Bethiah was asked what she now said to what she had charged vpon John Baldwin, who was also warned not to add sin to sinne, but if she had falcely charged him, that she would now retract it. Bethiah answered that she could say noe other then what she had said concerning him. The deposition of Samuell Burrall & Joseph Hakins was pi'sented & read, who both testify, that in y« winter season they did see John Bald- win come in at M'. Whitmans house in the evening, & then Bethiah Hawes & he went out together & stayed some space of time together & they came in together into the house, & further sayeth not. John Baldwin was told that it seemes they come together & 37 290 EECOBDS OP ME [1659 go together at vnseasonable times, as the adultress y' SoUo- mon sayes walkes in the twilight; to w''^ John Baldwin answered y' he went to borrow a horse, but was told that they two went out together & stayd some space of time together, thoiigh the borrowing of a horse be p'tended. Alsoe the testimony of M". Tapp & M". Whitman was read as foUoweth, who both testify that when they were at Bethiah Hawes laboure, they heard Bethiah say that John Baldwin had ye yse of her three times, one time at the stable end, & twice against the railes ; further they say that she said he tore her coat, & he said if shee would bring it to him he would mend it againe. To' explaine M"^^. Tappes testimony, M^ Fenn said yt Bethiah was delivered before she came; M''. Fenn also desired [192] that J" examinatio || of Bethiah might be read, w"^ was read, & therein it appeared that shee denyed familiarity wti> him any more times then one. Bethiah was asked why she then said it was but once, to w"'' shee answered that she so spake to make her fault appeare ye less ; she was asked why she hath since said it was 3 times, she said because she was prest to it ; she was asked how long it was between the times, shee said she could not tell; she was asked if it was euer after Aprill, shee said no ; if it was before March, she said yea. John Baldwin was told that neither now nor before hath hee shewed that sorrow for what is proued & confessed as he ought ; it hath appeared that he hath been with her at vnseasonable times & that there carriages together hath beene vnsattisfying, w'l calleth for more sorrow then he expresseth before the court, but the common fame sayes that he carryes it with a jolly frame, W^ rather encreaseth then lesseneth the suspition. The Court declared that they had heard w"i greife what hath appeared in this matter, & although y^ maine thing charged be not proued, yet for the things witnessed against him and confessed by him they did now order, that John Baldwin pay as a fine to the jurisdiction 40% withall leaveing roome for further pceedings as further discoueries may be made ; and for Bethiah, they looke vpon her as a loose, vaine wench, who hath beene found to be with child, the sentence therefore con- 1659] JURISDICTION OP NEW HAVEN. 291 cerning her was that she be seuerely whipped, so as may sute her sex, w='' is to be done at Milford, that it may be a warning to any that have had sinful! familiarity w"? her. Arthur Smith of Southold, being sent ouer to answere for seuerall great & gross miscarriages, was called, of whom it was demanded how he came to be corrupted w'^^ y" opinions of the Quakers, to w"*" he answered that he knew not that he was corrupted. But that he was both a corrupted man & a corrupting man, what was sent in writeing from Southold & therein witnessed against him was read, w'*' is as foUoweth, Joseph Horton, junio""; this deponent saith that Arthur Smith affirmed that if men would attend to that light is within them, it would lead or bring them to heaven. 2, hee affirmed that there was no divell, either before or in Adams time. 3, he affirmed that either infants had no sin, or were charged with noe sin till they sinned actually. 4, he affirmed that he had no gouerno"" nor teacher but God, & further this deponent saith not. Tho: Mapes ; this deponent saith that Arthur Smith affirmed that he had no gouerno"^ or teacher but God, & that mens lawes were corrupt, also he affirmed that the 7 churches in Asia were the 7 vialls, & that there was no such thing as 7 churches in Asia; lastly this deponent saith that haveing [193] demanded of || Arthur why y« Quakers gazed or stared so in the faces of men & women, he answered him, that by looking on men they could tell whether they had the marke of the beast to be seen in their forehead & right hand, or no, & that hee himself could tell or discern it, but as for people themselues, they could not tell, & further saith not. Charles Glouer; this deponent saith that Arthur Smith affirmed in his hearing that the churches & the 7 vialls were all one, and farther affirmed, saying he whom you call your minister or teacher knoweth no more what they be then this child, poynting to one of his children, and affirmed that there was neuer any such churchs ; moreouer he affirmed that he was not to submitt to mens lawes ; to who this deponent replied that he must be subject to gouerm- in what part of the world soeuer he lived,' & advised him to take heed how he spake against gouerm* & pceeded in these wayes, lest he brought himself & family to misery, his answere was, what have I to doe w"i that. Philemon Vicafson; this deponent saith that while he opposed Arthur in his nullifying of magistracy & ministry. 292 EECOBDS OP THE [1659 alleadging y' text,Ephe. 4, When Christ ascended on high he gave gifts to men, Arthur replied, that though there were gifts given to men, yet no power, & that this power men take to themselues & it is vsurped power; further, Arthur sd that their teacher was non of his teacher ; and vpon further reason- ing affirmed that children had no sin till they had acted the same in their owne psons ; o"' constable Barnabas Horton was p'sent & heard this discourse. Many other things at this time and at other he hath heard Arthur declare & speake to his greife, but he hath let slipp many of them, & further this deponent saith not. Barnabas Wiiids, junior; this deponent saith that Arthur Smith affirmed in his hearing that the three freinds of Job w"^ came to vissit him, were the three persons in the Trinity, & further this deponent saith not. May the 19^1, 1659. These men deposed before mee, Barnabas Horton. Arthur Smith being examined & required to give answere to the seuerall pticulers before mentioned, the court finding his answeres to be both pphaine, absurd, conceited & ridicu- loixs, he was warned to take heed of dallying with y« founda^ mentall truthes of God, & was told that the court looked vpon him as a man of a pphaine spirit & disorderly way, that would ouerthrow the order & gouerment that God hath established in church & commonwealth, as one y* hath spoken pphainely at the best, & blasphemously, as is testified by one witness, for which things, so far as they are fully proued against him & confessed by him, it was ordered that he be whipped, & that he be bound in a bond of 50i' for his good behavio'' for the time to come, to carry it in a comely & inoffensive manner, w"!! if he did not, he is to appeare here at the court of magis- trates in October next, if he be not remoued out of the juris- diction in the meane time. [194] II In the case depending betwixt M."^. Goodyeare & Thomas MuUiner, concerning the division of some lands in question, the court by way of sentence declared that they cofnitt the determination of it to W™ Judson, W™ Tuttle, John Cowper & Abraham Dowlittle, but in case they agree not, they then have liberty to make choyce of a 5"' man as an vmpire, who shall have power to cast the case ; but in the division, they are to take care y' M^ Goodyeares farme be not spoyled, 1669] JUEISDICTION OF NEW HAVEN. 293 & that the conveniency of that part of the land called M"". Hickcox lott, now appertaining to the estate of M"". Goody ear e, be prouided for with the rest, yet so y' Tho: MuUiner be not frustrated of his due expectation, all things considered. John Brockit the surveyor is desired to assist in the business, who is to be satisfied for his paines, both formerly & now, by y^ seuerall parties interested, according to their pportion in the lands now in question. Deacon Miles, in the behalf of Captaine Gookin, Gervase Boykiti in behalf of M'. Ling, & others made demands vpon ye estate of M^. Isaac AUerto deceased, but no appearing to administer vpon the said estate, the business was respited vntill the court of magistrates in October next. At the desire of John Faris of Stamford in writeing p^sented, the court granted that the halter, W^ he by sentence of court the 30"' of the 4"> moneth 1657 was enioyned to weare, should now be taken off vntill further order. An inventory of the estate of Clement Buxton was p^sented, taken the 3^ of September 1657, apprized by Rich: Law & John Holly, given in vpon oath by the widdow Buxton, her name Vnica, at a court in Stamford, May the 13"', 1658. Rich: Law. The last will of"Peter Browne of Stamford was pi^esented. Stamford, August 19"' 1658. Witnesse, Rich. Law, Francis Bell. An inventory of the estate of Peter Browne deceased, prised by Francis Bell, Richard Law, Nouemb"^ 29, 1658, amounting to ^ , was p'sented, testified vpon oath by widdow Browne & Tho Browne in court Febr: 10"' (58). An inventory of the estate of Nicholas Thell deceased was p''sented, taken the 29"' of Nouember, '1658, proued vpon oath in court December the 16, 1668, by widdow Thell. \ [195] II Aninventory of the estate of Jeremiah Jaggers, prised by Richard Law & Francis Bell, December 11"', 1658, was p'sented, given in vpon oath by Elizabeth Vsher, the wife of Robert VslTer, May 19, 1669, amounting to 4721% 17^ O-J. Before Francis Bell, Richard Law. 294 BECOBDS OF THE [1659 An inventory of the estate of Simon Hight deceased Sept. Sthj apprised by Francis Bell & Eich: Law vpon oath, Octob' 9*h, 1657, amounting to 2251^, 01% 01^, was pi-sented. An inventory of the estate of John Astin, taken by Richard Law and Angell Husted, Septemb^ the 5, 1657, vpon oath, was p''esented, given in vpon oath by the widdow Kathrine Astine vpon the 13"i of May, 1658, in court in Stamford, amounting to 78'^, 08= 04'^. The will of Henry Ayckrily, the 17'i» of June, 1658, was pi^sented, testified vpon oath by Francis Browne & W™ Oliver, Decemb' 16, 1658. Before Francis Bell & Richard Law. An inventory of the estate of Edward Hichcocke, late of New Haven deceased, was p'sented, amounting to 1851% iQs^ 09'', proued in court at Newhaven May the llt'>,1659. Dea- con Miles & John Cowper testified vpon oath that the apprizm' was iust, according to their best light. Mr. Peirson, pastor to the church at Brandford, haveing vpon the 20"' of October, 1658, declared in an action of y« case against John Cowper & Mathew Moulthropp, concerning a black dun mare taken vp & detained by them, w"'" mare he judged to be his ; for to make it so appeare he desired that some testimonies he should now produce might be heard & considered by the court. First Richard Harrison vpon oath affirmed, that as he was seeking his mare, (that winter when the iron worke began,) by the farmes old fence side, there was a browne mare w"* a small colt of y« same couler, whether horse or mare he knowes not, afterwards coming, to the farmes he was told that it was John Benhams; the same day (as hee apprehends) comeing to the water side, he saw the other pipestafi" mare, with a browne colt like herself, much of y« same couler, whether any white vpon her or not he knoweth not. Tho: Harrison vpon oath testified that when he came to M". Gregsons farme, that mare that proues Westalls had a bay colt with her, w^'' was three yeares agoe lasfspring, w'='' colt he thought was about a yeare old, w^i" mare & colt, w"' another yt was with them, he droue to Southend. ' 1659] JtTEISDICTION OP NEW HAVEN. 295 Josiah Ward vpon oath affirmed, that he haveing occasion to come to the water side in Tho: Harrisons feild, he saw Westalls mare with a bay colt like herself, whether horse or mare he knowes not, w<='' was when the iron worke began. John Cowp, now in court, desired that it might be considered that Josiah Ward had said that he would not take his oath in the case; to w'''" M^ Peirson answered, that Josiah Ward had told him that by the consideration of the circomstances he comes to the knowledg of the thing. [196] II Josiah further vpon oath said that he being w"* M'. Peirson at the water side, he saw M"". Peirsons mare, w^** he sould to goodman Andrews, w**" a dark dun colt, w"' a star not very cleare, those were ye markes W^ hee tooke notice off, & that winter was twelue moneth M^ Peirson sent him with his man to see after this colt, & when he saw this, hee app'hended this was the colt, but he had no meanes betwixt these two times to keep the knowledg of it. Jonathan ^ , servant to M^. Peirson, affirmed that he going often to looke this that goodman Andrewes bought ye dam of, we'' hee supposes is that now in question, he oft saw this dark dun colt with a star with the mare of his masters, the first winter sucking, & in the summer after, & the Winter after that, he saw it the third time with Josiah Ward the third winter. John Cowper desired that it might be considered that the time spoken of by the last witness was after they had bought ye mare & marked her. Sargeant Beckly testified that this colt bought by John Cowper of Westall, when it was going 2 yeare old, was for 5 or 6 moneths that summer in their neck, where (as he had occasion to looke vp his horse) he oft saw it, & that it was for couler enclining to a black. October the 20 (58), Edmund Tooly testified that in summer was three yeare, the mare of Westalls, or Lattimors had a colt ■w<'^ he tooke to be a darke bay w"" a seame in her eare where she had beene cutt, & this he takes to be the colt wei> goodman Cowp bought. M^^. Peirson in court said that he himself had known this colt fro time to time, the first yeare he oft saw it w"" the mare, 296 RECORDS OP* fHE [1659 in y« latter end of the yeare he saw it in M'. Batons feild, March was two yeare he saw it at the water side, where he tooke notice of it, & y' when brother Moulthropp told him that he had bought half a mare, he asked what her couler was, what her markes were, where her walk was, to w<='' questions when he had given answere, he said then you have got mine ; brother Moulthrop replied, this is marked on y« eare by brother Gowper, vpon w=h he asked, when; bro. Moulthropp answered about a fortnight agoe, to which he againe replied, then you have marked mine. Vnto w'='' bro. Cowper now answered y' M'. Peirson being w"" bro: Moulthropp, they finding a company of horses where this mare was, M'. Peirson when he saw her, asked what mare is this, so that it seems he had not such knowledg of her as he speakes of; to w^^ M^ Peirson now answered, y' it was his great desire to see this mare, because they had said that theirs was marked, he haveing lately seen his owne without a marke ; bro: Moulthropp & himself comeing neare y« black rock, there past by a company of horses, bro. Moulthropp sd, there is not the horses we looke for; afterwards lookeing further among them, he asked bro: Moulthropp concerning one of them, what is this, he answered this is the mare in question, when they had looked vpon her he asked bro. Moulthropp where is the marke, he said it is o y« eare, he replied there is no, bro: Moulthropp sd it was grown vp ; after they had turned her about, they saw J: D: on the further buttock. Bro: Cowp pleaded y' it was at first questioned whether y* mare had any colt, but y' appearing to be so, now the question is about the couler; to w'^'' M"". Peirson answered yt y^ ground of y' was, John Thomas haveing said that Westall told him y* his mare had a black colt at Wethersfeild, he was told by W™ Palmer y' y' mare had no, but another mare of his had a black colt. Bro: Moulthrop said that he hath alwayes appi'hended this to be the colt of Westalls mare, for the colt w"^ was with West- alls mare was a blackish bay, vnder the belly more browne, on ye back more black, w='» he saw at a moneth old & frequently afterwards, yet to take his oath of it he would not for a horse. The Court findeing yt notwithstanding w* hath been 1669] JURISDICTION OP NEW HAVEN. 29T alleadged, both by pi & defendts, &, what hath been testified by y« witnesses in ye case, that y« question to who this mare belongs remaines doubtful!, they desired y' they would either of them make choyce of a man y' may veiw y« mare & more fully informe y« court, or bring her hither that she may bee seene by the court, that an issue may be put to this businesse. [197] At a Couet op Election held at Newhaten for the Jurisdiction, the 25"' op Mat, 1659. M'. Francis Newman chosen Gouerno"". M"^. William Leet chosen Deputy Gouerno"'. M'. Mathew Gilbert chosen Magis- trate for New Haven. M^. Robert Treat chosen Magistrate for Milford. M^ Jasper Crane chosen Magistrate for Brand- ford. Y^ Gouerno"" & Deputie Gouernour chosen Comission- ers, M'. Crane the third in the election, if the prouidence of God should hinder either of the other. M"". Wakeman chosen Treasurer. Will Gibbard chosen Secretary. Tho: Kimberly chosen Marshall. All for the yeare ensuing. At a Generall Court held at NewhaveN poe the Juris- dicon, the 25th OP Mat, 1659. The Deputies for the Genemll Court p'sented their cirtifi- cates, W'l were approued ; all for the yeare ensuing except Stamford, w"'' was only for this court. There was p'sent. The Gouerno"-, Deputies. Deputy Gouerno"", Leiftenn* Jo. Nash, ) New- jjjr Gilbert ) Ensigne Hen: Lindon, ) haven. i: ere, ' 1 '^"'°"'- xt wS'r ! »"• Rich: Law, Francis Bell,' ^*^^^<^'*^- 88 298 EBCOEDS OF THE [1659 f-TO--™' jSouthold. Barnabas Horton, J Leiftenut Swaiue, j B^^^for^. Lawrence Ward, ) Edward Wooster desired to know where & of whom he should receive pay for 7 wolues he hath killed at or neare Paugasett ; he was told that if Paugasett stand in relation to Milford as a part of them, then he is to receive his pay there, but if they stand as a plantatio or village of themselues, then they themselues must beare itt ; neuertheless, it being thought by some that both Newhaven & Milford have benifitt by killing wolues at Paugaset, it was agreed that it should be recorhended to both the townes to see what would be freely given him in recompense of his service in thus doeing. Edward Wooster was also told that the encouragement given to the proprietors at Paugasett was in refference to a village to be settled there, w"^ y® court now saw no likelyhood [198] off, and || that in the way they were in, they saw not how they could attend their duty in refference to the Sabbath, being at such a distance from the meanes, w"^ the court would consider off; W^ being debated & considered, it was ordered that if the place called Paugassett become not a village to the purposes formerly exprest by y^ court, betwixt this & y^ gen- erall court in May next, that the place shall be deserted in refference to settled habitation. The Court, (being informed of sundry complaints made (by such who are found defective in their armes) of y" diffi- culty, if not impossibillity, of getting those defects mended,) did order, that where there is in any plantation any gunsmith or other smith, cuttler, joyner, or any other who is skill' d in mending guns, stocks for guns, swords, scabberds, or any other pt of millitary furniture enioyned by y® lawes of this jurisdiction, he shall, (haveing p'"sent & due satisfactio,) with- in one moneth after they are brought to him, attend y^ mending or fitting vp of the same ; and the same is also required of them in refference to such as shall repaire to them for help in such cases fro any of the plantations w^^in the jurisdiction, where such artists are not resident in the places where they live. 1659] JUEISDICTION OF NEW HAVEN. 299 The Court also, haveing notice of the insufficiency of many guns w"^ are p'sented to veiw, did recomend it to y" seuerall plantations, as their duty to attend vnto, that euery man would furnish himself w"" such a gun as may be serviceable, & did order that no gun of less bore then y^ standerd agreed vpon (w<='> is to be kept by the cheife millitary officer in euery plantation) shall be allowed as sufficient. By way of alteration of the printed law, forbidding to sell wines or liquors (vnto w^h cidar is since added,) vnto Indians, it is ordered y' the penalty for the first offence shall no longer be 5% but 5'', for the second offence not 10«, but 10'', w^ shall be the one half to the informer for his paines and charges in the prosecution of the delinquent. The Court haveing information of disorders in some of y« plantations, by the retailing of cidar, did order that whoso- euer, wthout license from some magistrate or other authority where there is no magistrate, shall sell or retale any cidar by less quantity then 3 gallons, shall for the first offence proued, pay 20= ; for y« second offence, 40= ; for a third offence, shall be bound ouer to the court, ■w"^ court considering the fact ^th ye agravations thereof, shall inflict such further punish- m* as they shall see meet. Jonas "Wood did againe p'sent in writeing the desires of [199] the II towue of Huntington, to joyne in combination w*!" this colony, craveing liberty for the triall of actions to a greater vallew then is allowed to other plantations in the jurisdiction, w<='' y« court was not willing to ; he also ppound- ed that they might for sonie time be freed from payment of rates to the jurisdiction. The court granted that they should be freed for 2 yeares, pvided, that as they would be freed fro rates, so they should not be chargable to the jurisdiction ; but nothing further was done at this time. The petition of John Eidar of Hashamommocke, was pfsented & read, wherein he desired to know whether they were part of this jurisdiction or not, & that they might be considered in refference to damage they sustaine in there meadow by a millpond belonging to the towne of Southold. Vnto the first the court declared, y' they looke vpon them as 300 RECORDS OF THE [1659 ■yjrthin ye jurisdiction, according to the tearmes agreed vpon betweene y« towne of Southold & the former inhabitants. To the second pticuler, M^. Wells pleading that Southold sus- tained greater damage by them, the court could give no judgm* in the case vntill they heard y« allegations & proofes on either side. John Holly of Stamford was allowed 30% (besides his charges now at New-Haven,) &r his paines & care in gather- ing in the customs & excise of the towne of Stamford the yeare past. John Fowler of Guilford, Lawrence Ward of Branford, Bar- nabas Horton of Southold, John Holly of Stamford, were chosen to re'ceive the customs & excise of wines & liquors in the plantations wherein they live, for the yeare ensuing. The customs & excise of the towne of Milford are let out to Ensigne Bryan for the yeare ensuing, in all respects as it was y" last yeare, save onely y' 5i> of the 20 is to be paid in good merchantable beavo"", at price current, sometime betwixt this & August next, so as it may be to supply the comissioners for the jurisdiction service. M"". Wells of Southold informed that a neighboure of theirs that bought a pcell of land at Manhanseck was about to sell it vnto a Quaker ; it being considered by the court, they desired y^ gouernc to write to M^. Willis of Harfford for his concur- rence to assert o"^ title to those lands from the Lord Starling, & to vse such meanes as he conceives may conduce to the pi^vention of any such sale by any that pi'tend title to any lands there. The Magistrate & deputies of Branford informed that Peter Abbott coming thither the last yeare to help his father to weed corne, was taken the same day with a lunacy, which occaisioned much charge & exercise to their towne, w^i" they conceived should be borne by the publique, he being no set- tled inhabitant there, but had lived sometimes in one planta^ tion & sometimes in another, and that if it should please God againe so to exercise him, they saw not how the people of [200] Branford (haveing been vnder the || afflicting hand of God) could be able to supply him w'^ such things as his con- 1659] JUEISDICTION OP NEW HAVEN. 801 dition would call for, to W^ the court answered, that they saw not but y' Branford, to whom he did belong, must in justice beare it, but withall it was pmised that if God should so againe afflict them in Peter Abbot, they will have a broth- erly respect to them &, if there be cause, help them in a way of mercy, as this court shall thinke meet. Complaints being pi^sented of wrong done in the sizes of shooes, the court did take the matter into consideration, & be- ing informed that W°> Newman of Stamford hath an instru- ment in his hand W^^ ]^q brought out of England, w""* is thought to be right, to determine this question between the buyer & seller, did order that the said instrument should be pcured & sent to Newhaven, w'^'' (if approved by y^ court of magistrates in October next, to whose judgment (takeing in such advice as they shall thinke meet) y* busines is referred) a standerd shall be made, W^*" is to remaine w"" the jurisdiction treasurer, & from thence other standerds to be taken for the seuerall plantations, w"'' shall be the rule betweene buyer & seller, to w'='' it is required that all sizes be conformed. The Court lookeing vpon it as their great duty to establish some course (that through the blessing of God) learning may be promoued in the jurisdiction, as a meanes for y^ fitting of instruments for publique service in church & comonwealth, did order that 40'' a yeai-e shall be paid by the treasurer for the furtherance of a gramer schoole, for the vse of y^ inhab- itants of the jurisdiction, & that 8'' more shall be disbursed by him for the procureing of bookes of M^. Blinman, such as shall be approued by M"^. Davenport & M^ Peirson as sutable for thi^ worke. The appointing of the place where this schoole shall be settled, the pson or psons to be imployed, the time of begining, &c., is referred to the gouernc, deputy gouerno', y" magistrates & ministers settled in the jurisdiction, or so many of them as vpon due notice shall meet to consider of this matter. The Deputy Gouerno"^, w"" the deputies of Guilford, did ppound M.'. Whitfeilds house freely for the furtherance of this worke, who did also declare that they judged it reasonable y' if the said schoole should , fee, settled in any other place by 302 RECORDS OP THE [1659 those Wh are appointed to determine this question, that f^ like allowance should be made by that plantation where it falls, answerable to what by Guilford is now propounded. [201] II The afflicting hand of God haveing been heavy on y^ inhabitants of Greenwich y^ last yeere, by sickness, & thereby y^ loss of a great part of their come, their rates to the jurisdiction for the yeere past, as a worke of mercy, were remitted. Robert Abbott, late of Branford deceased, who died intes- tate, being posest of an estate amounting to 120 or 130'', or thereabouts, a question was brought to the court whether y^ 2 youngest children should not be considered aboue their ppor- tion, being not duely pvided for considering their yeares, w"*" the court having considered, it was declared y' lO'' shall be taken out of the estate for the help of the widdow for the bringing vp of these two children, w'^^ being done, the estate is to be divided, according to the true intent of the law in y' case, betweene the widdow & children, w<='> is referred to the court at Branford. M"^. Wakeman acknowledged 7'' received of the deputies of Southold for the land repurchased by them, called Matta- tock & Akkabawke, but being paid in wampom, M^ Wells vndertooke to answere the damage that he should sustaine- by it. It is ordered that the horses appointed for publique service shall exercise 4 training dayes each yeare, at such times as shall be appointed by y^ millitary officers for the foot com- panys in each plantation, who shall also veiw their furniture when other armes are veiwed, vntill some other way be appointed by the court. Information being given that John Corey, John Swasey, M'. Jo" Booth, Joseph Younges. senior, Tho: Ridar, Edward Petty, Tho: More junior, refused to take the oath of fidelity, it is ordered, that they shall appeare at the court of magis- trates, the IQ"" of October next, to answere it, if in the meane time they take not the said oath & certify it vnto the court. There bemg a question whether 6'^ or 5'^ were dew from 1659] JURISDICTION OF NEW HAVEN. 303 James Eogers to the jurisdiction vpon a forfeiture of liquors, it was declared thatSi" being paid they require not y° rest. The Magistrate & deputies of Milford were desired to re- quire of the inhabitants of Paugaset a list of their, rateable estate, & to send it to the secretary at Newhaven. A question being propounded by M"^. Wells, whether land enclosed for an oxpasture be rateable or not, for answere he was referred to the law, w^ sayes that all lands shall be rated except such as doth & shall lie comon for free feed of cattell at all times to the vse of y° inhabitants in generall. [202] II Vpon information that M'. Bishopp meets w*!" some discouragm'* in his worke at Stamford, & therevpon thinks of remouing thence, the court spake with Leiftenn' Bell, one of the deputies, about it, who could not say that things had been as they should in all respects, but pfessed that he should be ready to lay out himself for M''. Bishopps encouragem*; but no complaint being made by M"^. Bishopp, nothing was done by way of order, but only it was declared that if they heare not of a speedy reformation, they will consider of send- ing some fro among themselves &c. to Stamford to enquire after things, & endeavour (as they thinke they are bound) to remoue what may hinder y^ worke of God in his hand, for if ministry & ordinances fall, what will the people doe ? A complaint being made concerning some psons at Stamford for selling wines & liquors without license, it was by j" court declared, that it is expected of the officer in authority there, that he make dilligent enquiry after such disorders, & that he duely psecute the offenders, according to , y= law in that behalf. Whereas in the law concerning dowries, it appeares neces- sary that the consent of the wife be required to any sale of houses or lands made by her husband, w"^ act or consent must be such as this court, allowes, therefore it is now de- clared and ordered, that a free consent or acknowledgment being given or made of her willingnes to such sale, before the secretary or any magistrate., or constable where there is no magistrate, shall be accounted good in law, & cutts off such 304 EECOEDS OP THE [1659 wife from claiming any thirds in the said houses or lands afterwards. It is ordered that 50'' shall be paid by the treasurer Tnto the gouerno' & 20i' to the deputy gouerno'', for the yeare ensuing. Francis Bell was chosen & sworne constable for Stamford for the yeare ensuing, who had the same power comitted to him as the constables at Stamford formerly had. Geo: Slawson was chosen marshall, to assist him in the worke of his office. M^ Wells & Barnabas Horton were chosen constables for Sbuthold for the yeare ensuing, who have the same power comitted to them as the constables there formerly had. It is ordered that a rate of 100'' shall be leuied fro the seuerall plantations w^'in this jurisdiction, in equall pportions according to their estates, w'^'' is to be paid the one half some- time in Octob"' next, y^ other half by the first of Aprill fol- lowing, in such pay & at such prizes as was ordered y^ last yeare. Newhaven, 37" 13= 05'' ) Stamford, 12" 00= 08 what the court had done, & thanked the court for their lenity & favoure towards him, and yet since hath carried it in an irreg- ular way to throw vp foundations, & to breake the bond of amity betwixt the coUonyes, & was thereby to be looked vpon as an vniuersall disturber of the peace, and therefore as a ring- leader should be made an example vnto others. He was told that by the same account all the judgments in other jurisdic- tions past vpon delinquents might be called ouer againe, and so there will be judgment against judgment, execution against 1659] JUEISDICTION OP NEW HAVEN. 311 execution, ■w"^ -would be like to issue in the ruin of New Eng- land. The Court professed they were not ashamed to justify their proceedings, & their vprightnes in them, before others, but that another colony should call this colony to account would not be at all yeelded, we having entire jurisdiction amongst o'"selues. Hen: Tomlinson was told that if he doe not lay it to heart, God would take notice of him as one whose practise tends to breake the peace of the country. It was declared that, there being now but a small court, and some of the court might be thought to be concerned in it, and y' matter in question respecting the whole colony, the deter- mination of the court therefore was, that Hen: Tomlinson shall put in security to 50' > vallew, to make his appearance, & to give answere to what shall be laid to his charge in this mat- ter, before the generall court to be held at Newhaven, the last fourth day of the weeke in May next; accordingly the said Henry Tomlinson & Jer: Osburne did afterwards engage, ioyntly & seuerally, in the some of 50i' for his appearance before the generall court, the day before mentioned. WUl: East of Milford, being warned to this court, appeared, who was told that he was bound to appeare here in May last, but he appeared not, but instead thereof sent a writeing to excuse his non appearance, w"'' satisfied not ; he was told that y= court was now ready to heare what he had further to say, why he appeared not ; to w"^ he answered that he had no more to say ; wherevpon he was asked what he had to say to those great & gross miscarriages wherew"» he stood charged. What past in court concerning him, in October 1657 & May 1669, was now read, & he was told that these are gross miscarriages [210] by him comitted, that he should make || his house a house of drunkeness, & rise vp ag' authority in threatening words, as he had done, & that he hereby shewed that he was a man fallen from God & fro the pfession w^^ he hath formerly made, more then in an ordinary manner, and now to goe on to add sin to sin, it was an amazing thing to consider off, as if he were an atheist & without God in the world, and that he carryes it as one given vp of God to satisfie his sensuall appe- 312 EECOEDS OF THE [1669 tite, & had thereby caused the name of God to be blasphemed, and that it was high handed wickednes, that when he is found drunke & told that the meanes of his drunkenesse shall be taken away, that he should rise vp against authority, what can be said why he should not be put in a house of correction and have his meate & drinke sized out to him, & that he be kept with what he should earne with his owne hands & his relations have the comfort of the rest ; shall wickednes be suffered, & is there no balme in Gilead, (as we may say,) no meanes.found out to p^uent it. He was .told that there is a remedy, & there will be a remedy, & that he must know that he shall not over- master to Gods dishono"', and that the sword of justice shall not be suffered to lie still when such evills are comitted. He was asked what security he could put in for his better car- riage, to w<=i> he answered, that he doubted he could give non. He was told that his owne word was of little vaUew & not to be rested on. W™ Bast was wished to be wise for this world, & told that y° sun had shined vpon him to a great estate, but he hath proued an ill steward, & now God is reckoning with him & it was feared that God would bring him to the dust againe in refferrence to the things of this life ; he was told that it is an amazing thing that he is not a terror to himself, that he should doe thus wickedly in a land of vprightnes, & not behold the magesty of y* Lord. The Court further declared that they were both sorry and ashamed that he was againe brought to the court for such delinquency, he was minded that he had beene fined at Mil- ford w"> a smaller fine, but y' would not reforme him, after- wards he was called to the court of magistrates, & fined w"^ a greater fine, but y' reformed not, after that he was stocked, neither did that reclaime him, but he still goeth on to abuse himself in a swinish manner, so that is a exercise to the court what to doe with him & what course to take to reclaime him. He was told that it hath been intimated, w^^ assuredly the court will doe & he was bid to expect it, that if he be not reformed, the court must lay him in prison & keepe him to prison diett, to p'uent these sinfall excesses. The sentence was that the 50' i bond for his appearance in 165&] JUEISBICTION OF NEW HAVEN. 813 May last is forfeited, & may be called for when the court sees cause, & seeing that fines & stocking reclaimes him not from his drunkeness, if hereafter he be found drunke againe, that [211] he shall be corporally H punished by whipping at Mil- ford, & bound ouer to the next court of magistrates following ; & seeing he abuses himself in his owne house, it was therefore ordered, that he shall not have liberty to keep wines or liquors in his house save only what shall be for their comfort, w'^'' he shall see cause to desire & the magistrate shall see cause to license him to have ; & this is the triall the court would make of WilHam East at this time, who was bid to remember & beare it vpon his heart, he goes vnder the divell as his keeper in the state he stands in. Information beinge given by M"^. Bishopp, in the p''sence of two of the brethren, of the vncomfortable & vnsettled state of y° affaires of the church & towne of Stamford, the court saw cause to advise & order, that within 20 dayes after their returne home, some effectuall course may be taken among themselues for settlement of things there to mutuall satisfac- tion, "concerning w"!" issue they expect to be certified vnder their hands mutually, witliin the time before pi'fixed, that so if need require, two of the magistrates & two of the elders may be desired, & sent, before winter, to afibrd help therein, if the season prou.e sutable, if not, then in the first oppertunity in the spring. Sigismund Richalls (at his desire) had liberty till the spring to pay the fine of 10'' dew fro him, (as security for John Heardma,) who is to make his appearance at the court of magistrates in May next, to give answere to what further shall be said to him concerning the said matter. John Corey, Jo. Swasey, Tho: Moore junior, M^. Jo: Booth, Joseph Youngues senior, Tho: Ridar, Edward Petty, are to give their answere in May next, before this court, why they have not attended y° courts order concerning them in May last. Sargeant Baldwin haveing desired to speake concerning what past in court in May last, declared, that it was knowne J" hand of God was vpon him by sicknes at that time, so that 40. 814 EBC0ED3 OF THE [1659 he could not attend the court; he now acknowledged the breach of the eighth comandem* in that matter concerning the mare then in question, W^ he pfessed his sorrow for, w^^ desire that God would help him for the time to come y' he might not fall into y^ like offence ; he also vnderstood that the court had sentenced him to pay for a colt w"'' issued fro the mare, W'^ colt (he said) he neuer saw, but it was taken away by ye hand of God, & no mans hand in it for ought he knew; he desired the court would be pleased to take it into consid- eration, & for the fine of 5'", y' the court would please to remitt it ; he confessed he was not so considerate in that matter as he should ; and for y' y' was then presented as offensive, concern- ing his selling of liquours, he pfessed that it was a greife to him y' God should be dishonoured in his house ; but w'^iall, he said, first that what was then reported, concerning the quantity of liquours, was not true, but thus it was, y' by [212] eleaven men, or thereabouts, || there was drunk 5 pintes of liquours, w'''" was paid for by foure of the company ; he desired that God would help him while hee continues in that imployment to be more wachfuU. To who the courts answere was, that in refferrence to y« strong liqours, were it not testified that he was sick, it would be a great offence, & such as would render him vnfitt to keepe the ordinary, but it seemes it fell out by his wife, who, it may be, was not so fitt to gouerne, though the thing was very scan- dalous & dishonorable to religeon, yet it falling out by yt meanes, they should not further proceed in that matter,- so it may be a warning to him, & they would leave it as a warning vpon him for y" time to come, y' he be more carefuU herein ; & for the fine of 6'', they suspend the takeing of it vntill fur- ther order. As for that w'='' is alleadged concerning the colt, it may be considered before plainteifs ; w'^'' was afterward debated before the court, both by pl^ & defendt, but the court saw no cause to alter the former sentence. Ensigne Bryan declared against M^. Tho: Mathewes for a debt of 11'', 6% 8 of Octob' 1659, vpo oath. This is it, that I & W™ Hubberd fetcht vp the mare y' was in difference betwixt Richard Crabb & Edward Jessupp, the winter before it was tryed at Newhaven, & then the said mare had no coult with her & y' time was the first time that I had scene her or y* any body else had scene her y' yeare as I knew off. Taken before mee, Franc Bell Also a cirtificate subscribed by Jonath. Rennalls & W™ Hubberd was pi'sented & read, & is as foUoweth, These certify the honored court y' it being reported that wee Jonathan Rennalls & W"^ Hubberd, did tell Joseph Mead or Robert Vsher that we did see a coult come vp with the mare at y' time as is specified in o"^ oathes, we heare affirme yt we did not see any, neither did we so say to any. Witness o-^ hands, Octob: 11, 1659. Richard Lawes in court declared that when the mare was brought vp first, Crabb sent to them for their advice, shee haveing beene in controversy, vpon w'=i' Francis Bell & hee went in winter to see the mare, at w^i^ time she was very fatt, but no appearance of any coult. Joseph Mead said that he was appointed to looke after Jes- supps mares, accordingly he did ; this mare he knew of her first coult, w'''^ was two yeares elder then this, the next yeare y« mare had no colt, the yeare after y* (to appearance) the mare was forward w'^ fole, but before he saw it, W™ Hubberd was imployed by Crabb to fetch vp the mare, who brought her vp & granted that she had a coult, w<=h he did and had reason to minde, being imployed by Jessupp, after this, he meeting with a company of horses w"» w«h there being a brown coult w'h a small starr, without a dam, he brought it vp" & bid Robt Vsher observe it, telling him yt I thought it was the coult of that mare, & yt vpon Hubberds words, as also because the mare had no the yeare before. This was ye winter before the aforesd triall. 1669] JTJEISDICTION OP NEW HAVEN. • 325 The testimony of Angell Husted, Octob^ 13, 1659, was p'^sented, who saith that the mare y' was in differrenoe betwixt goodman Crabb & Edward Jessupp, that after a day or two that she was brought vp the winter before the trial! of lier at Newhaven, that he saw no coult w"* the mare, nor neuer heard of any. Witness my hand. • Angell A : H : Husted. his marke. I John Hobby testify that I being p^'sent when goodma Crabb tooke vp the mare w^h goodman Jessupp laid claime to, [220] there being || some of the neighbours by, we began to enquire one of another where her coult was, for we saw no colt in the company that she was with, wherevpon we judged among oi^selues that she had no coult that yeare or els had lost it. John Hobby. Daniell Simkins saith that the mare that was in controuersy betweene goodman Crabb & goodman Jessupp, w°^ vpon triall fell to be goodman Jessupps, when goodman Crabb tooke her vp shee had a colt with her -w^^ followed her, w^ Daniell Symkins look' at to be that mares colt, & it was a darkish browne w"" a little starr in the forehead, & when the mare was taken vp, the colt neighed, & being parted fro her by reason of the fence, the colt went away with the other horses, and as they went away ye mare neighed, & to appearance shewed herself discontented after the colt was gone. Y^ marke of Daniell "1 Simkins. Mr. Richard Mills doth testify that the mother of Daniell Simkins doth affirme that her sonne is vpwards of 1 5 yeares of age, also the said Daniell did afiirme to M^. Mills that what he had testified was the trueth concerning y^ coult, also the father & mother of the said Daniel doe afiSrme that they have found him careful! in speakeing trueth, the same doth M''. Mills affirme of him, being his schoUer. This testimony taken before mee, Mathew Gilbert. The defend' declared that the charges & trouble about this horse doth amount to 50% & the plaint' desired that tlie worke ' done by the horse might be considered & deducted, & p^sented the testimony of Isaac Pinch, W^^ was read, & is as foUoweth, & he saith that he saw John Slawson two or three seuerall times ride to & againe after y^ cowheard vpon the horse called the stray, also he lett Tho. Closse have him in ye woods to looke after horses. Given in vpon oath, Octob'' 15, 59. Before mee Francis Bell. 326 RECORDS OF THE [1659 Robt. Penoyre vpon oath testifieth, that he mett with Tho Closse rideing on the stray horse, & came then out of the woods fro lookeing of horses, & he mett with him at y« corner of goodman Weeds fence, & he came off fro the horse backe & y^ horse reeled (as hee appi^hended, being tired, this y' M'. Raymond may put in security to psecute the action in London, & I shalbe free to doe according to yo^ [224] demand in this || pticuler. And if you are pleased to draw obligations, I am very willing to signe to them, and I shall be willing to answere the complaint of M^^. Raymond within one moneths time after my arivall at London. S'% I thought good to give you this notice vnder my hand, in respect I was not in a condition to write when the marshall was aboard w'^ mee; so haveing not. else at p^sent, but remaine, Yo"^ freind to serve you, Feb. 17'h 1659. John Penny. This' letter being read, it was demanded of the doctor, what the security was w'='' the captaine would give, to w'^'' he answered that he would give his owne bond, prouided M'. Raymond put in security to psecute; but the security pro- pounded was neither satisfying to the plaint, nor court, who- told y« doctor that they were but empty words, & y' it was sufficient & standing security y' was expected. A fourth letter from y== captaine was received, w^"" here followeth, Hon'-d S", I vnderstand that my former letter have given you noe satisfaction, and you demand that I should give sicurity to 1659] JUBISDICTION OP NEW HAVEN. 331 answers the complaint of M'. Eaymond in England, then you may be pleased to rest some few dayes after I am well to come on shore, to gett those freinds that may stand bound for mee, wherein I shall endeavo'. As for my owne part, I doe con- ceive by my doctor that you doe object against mee, & I have p;iven you no satisfaction as to yo"' desire, w'^ I must confesse I doe endeavo"' to give as full satisfactio to this court as possibly lies in mee, I being in y condition that I now am in. Gen- tlemen, I have no further to trouble you at p'sent, but euer remaine y freind to serve you. John Penny. Pebr. the 17th, 1659. To this letter the court returned by the doctor, that if y« captaine at the pi'sent would deliver the vessell & goods taken fro M^ Raymond, as security to the authority here, it should satisfy vntill he had propounded further security, such as might be sufficient in the case, both for his appearance & abiding the sentence y' shall be declared as the minde of the court in this matter, w^ were it done, ye court pmised to meet againe sometime about a fortnight hence, when he might be fitt to appeare psonally to make his defence against the plainteife ; vnto W* the captaine made no returne. By all wh cariages of his, the court findeing that he did but trifle in this businesse, they drew vp a narative of their proceedings, with an or^er anexed therevnto, & againe returned to the meeting house, where the gouernc declared y' the court was begun before, at w^ time' y« plaint' appeared, but the defendt appeared not, since which time, what hath past betweene the court practises he here seemeth to discouer himself to be no freind to order, peace or righteousuesse, as becometh an honest christian man, or a loyall & faithfull English sub- 1669] JURISDICTION OP NEW HAVEN. 333 ject, or minister of state, as he p'^tends to be,) did therefore, (first in behalf of o'' owne gouerm' by him slighted, secondly in behalf of the Comonwealth of England & y' Act of Parlia- ment by him neglected, thirdly in behalf of o"^ confederate neighboure, Mf . Raymond, his right to a course of justice to be granted by vs,) order & enioyne. That all estate, goods or comodityes, within this jurisdiction, belonging to the said Cap- taine Penny, or any of his company y' have not disowned his acting in this businesse, shalbe forthwith seized & secured, to answere for these injurious & contemptuous miscarriages. And further, (y' so he may not bee enabled by vs to pceed on in such mischeivous practises, distructive to gouerm*, peace & righteousnes, as well against England as o''selues,) we doe prohibit & forbid y' no estate, goods, comodities, pvisions, or other accomodations of any kind, or belonging to any pson or psons whatsoeuer, shall be shipped 6 board any shipp or shipps, vessell or vessells, of greater or lesser quantity, within this jurisdicon, or any part or plantation therein, nor any horse or horses, mare or mares, or other cattell, thing or things, any other way to be conveyed or transported out of this colony or jurisdiction, but vpon sufficient & standing security first put in, to the authority of the place or plantation whence it is to be transported or conveyed, not to be paid, traded, shipped or supplied vnto the said captaine, shipp or company aforesaid, vpon the penalty of the forfeiture of double the valew of what shalbe so shipped, transported, laded, supplied or otherwise conveyed to y« said captaine, shipp or company, either medi- ately or imediately, directly or indirectly, so that by no meanes it may so be done at any time whatsoeuer while he or they shall remaine within 20 leagues of any part of the coast of New England, or vntill this court shall give further order herein, or the court of Newhaven, if they shall see cause to intermedle in it, for whose direction herein we declare, that this act aforesaid shall stand in force vntill that the captaine have put in sufficient & standing security, to the vallew of 600'", to come to a triall of his action with M^ Raymond, either here or in England, seasonably, & to pforme according to sentence in either court, & also have given this court satis- faction for any offence given against their authority & gouer- ment, or if he refuse, then vntill as afforesaid. By order of the Court of Magistrates, this 18th of Pebr. 59, p W™ Gibbard, Secret'. Vpon which the court concluded, & y^ aforesd M^ Raymond sd that he desired to be thankfull to y^ court for their care & faithfulnesse in this businesse. 334 BBCORDS OF THE [1659 [227] At 1 CouBT op Magistrates held at Nbwhaven y^ LAST OP Febr. 1659. The Court being mett to consider of the businesse depend- ing betwixt M^ Richard Raymond, plainteife, & Oaptaine John Penny, defendant, (who both made their appearance,) the gouerno"' declared that y court was now ready to attend the businesse, but it would bee acceptable to them, could they come to some meet agreem' betwixt themselves. The captaine desired (being forced, as he said) y' it might proceed to triall heare, or he would answere it in England. M^ . Ray- mond declared that he had suffered much damage by y^ captains act, neuerthelesse he was willing to agree w"^ the captaine, but if not, he was ready to attend the issue here, but declared if the sentence past against him, he intended to appeale. Y^ gouerno' declared that he observed that the cap- taine said that he was willing to have it tried in England, he was told y' it would be no offence to the court if they did so agree. M^. Raymond said if the captaine would deposit the vessell & goods in the hands of the court, & engage as secu- rity the 8*1' pt of the shipp, with his owne bond, as he lately tendered, he would accept it & it should be tryed in England ; but y' y^ captaine now refused, & withall declared that he had often proffered M^ Raymond his owne bond to answere it in England, & that he should have his passage thither in his shipp, W'l he was still willing to doe, but to leave y^ vessell & goods here, where his businesse was not, would be very p^judiciall to him. M'. Raymond & the captaine thus differ- ing, the action proceeded, & the plainteife declared. That he was forced by his imploym' to have to doe w"» a Duch vessell, being he could not get an English vessell to doe his businesse ; being at Stamford, he hired a Duch vessell, whereof himself was to goe master, after w<=>> at the Manna,- toes heareing that Captaine Penny was here to take Duch-men, he was thinkeing how to secure himself fro him, (though he vnderstands not how he can doe it without a coinission,) & that afterwards he bought this Duch vessell at the Mannatoes & came northward, but as he was returning to the Manna- 1659] JtJBISDICTION OF NEW HAVEN. SS6 toes, being w'^in a league, or a league & half, of Stamford poynt, Decembr the 7">, Ca'J)taine Pennys men haled him & demanded who & what he was, he told them y' his name was Richard Raymond & that he lived at Salem ; M^ Griggs comanded him to lower & come aboard, being come aboard they asked whose the vessell was, he told them it was his & shewed them a bill of sale for the said vessell, & that one of them he conceived read the bill of sale & then told him y' they must carry the vessell to Newhaven, wherevpon he asked them where was their comission, but they shewed non ; M^. Griggs asked him if he would goe to Newhaven in the vessell, ^ch he refused, chusing rather to goe ashore there, though he was but thin clothed & forced to wade ashore, though in a cold season, and cominge to Stamford, he consulted with M^. Lawes & M^ . Bell about this busines, vpon w'='' M''. Bell went downe to the water side to require an acc° of the captaines men about this matter, but they who had pmised to come into Stamford harbour were not there, but gon ouer to Oyster Bay ; he further said that on the second day y« next weeke [228] II he came to Newhaven, where he mett the captaine at y* Gouerno", & told him that his men had seized his vessell, & that he shewed him there his bill of sale, dated the 25"i of Nouember, w"^*" the captaine objected against & put him to proue J" reallity of it; vpon w'^ he was put v|)on a iourney to the Mannatoes & was there called by the coiirt to make p'sent paym' for the vessell or give security for the said debt, so that he hath beene forced to travell to the hazzard of his health & life, & was all this time deprived of his cloathing & food, that had he not had freinds that supplied him, he had beene in a very distressed condition, he therefore entred a action of molestation against Captaine Penny to the vallew of 600'' for his vessell & goods seized by the said captaine. For the cleareing of sundry passages in y^ declaration, y<^ plaint pfsented the testimony of Richard Ambler, as followeth, Stamford February 8'h, (59.) Testimony of Richard Am- bler, aged about 45, vpon oath he saith. He being aboard the vessell wherein one Griggs was m', & there came a vessell by, & the men of the vessell said they would take the vessell, & I told them it was Master Raymonds S36 EEOOBDS OF MB [1659 vessell, & imediatly M"". Raymond stood vpon the decke & the men said they cared not who it was, they would see who it was, & when they came yp they comanded M"". Raymond to lower his sailes & he lowered, & then they comanded him aboard & he came aboard, and they examined him, whence he was, & what Tessell it was, and whose it was, M' . Raymond said it was his owne, he had bought it, & they asked him what he had to shew for it & he said he had a biU of sale, & they bid him let them see it, & when they see it, the man y' see it put it vp in his pockitt & went to the helme, & then John Griggs came aboard M^ Raymond & asked for the bill of sale & M'^. Raymond said one of his men had it^& Griggs comanded j" bill fro the man & gave the man M'. Raymonds bill againe, & they tooke the Tessell & sailed away into the cove & prom- ised & engaged to M^^. Raymond that they would not meddle w"» any of the goods but a few of the turnipps, & the next day they would bring the vessell into Stamford harboure & to stay there till M^ Raymond came againe fro y^ captaine ; M^. Griggs advised M"". Raymond to go to the captaine & come againe to Stamford. Francis Bell. Also a writeing (dated Nouemb"^ 5'^, (59.) witnessed by Rich. Law & George Slawson,) was by the plaint' p'^sented, containing an agreem' betwixt himself & Lawrence Lawrisson & Derrick Johnson, whereby it appeared that the sd Raymond did at 10'' a moneth, hire the vessell called the Black Eagle of the parties aboue mentioned of -W^^ vessell the said Ray- mond was to goe master. But to proue that not M^. Raymond but Derrick Johnson was m"', the captaine pi^sented a Duch acc°, found in y^ ves- sell, whereby it appeared that Derricke Johnson sometime in December last received for fraight, w^^ he said did belong to the m'' to receive, vnto w'''' Derrick Johnson answered that there was a mistake in y^ date. [229] II But that the said vessell was since bought, the plaint p'^sented a bill of sale, (thereby to make it appeare,) w^^ was now read, & is as foUoweth, Translation by ) Appeared before mee, Mathew De Voz, Oarell Van Brugge J notary publicq, admitted by the gou- eruo'^ genr' & councill of the New Netherlands, & the following witnesses, M^ Derrick Johnson & Lawrence Lawrisson, inhab- itants of this place, & doe declare to have sould vnto Rich: 1659] JtTBISDIOTION OP NEW HAVEN. 837 Raymond of Salem in New England, the w""" declareth to have ibonglit a vessell named ye Black Eagle,' w"> saile & treyle, & all appurtenances thevnto belonging; the w<='i bar- gaine is made the 15"' of October 1659, for the sum of four- teene hundred gilders, to be paid in seawan, the paym' to be made betweene the 15"i of October and new yeares day anno 1660. These that have sould y^ foresd vessell, doe engage to free him fro all challenges or pretensions for their parts, & the buyer doth promise at the p'^fixed time to bringe their paym', y"^ w'='' as above written is mentioned & in the bill of sale is specified, all which is mentioned both buyer & seller, of Feb, 1659, in Fairefeild, before mee, Nathan Gold. 340 • EECOEDS OP THE [1659 Jonathan Lockwood of the age of aboue 24 or 25 yeares, testifieth that at Stamford that Duchman yt went w"' M^ Raymond in the vessell w^ he said the capers had taken, he said yt Duchman told him in discourse, that part of y« ressell which he said the capers had taken, it was his owne, &, that they had taken from him fifty pound starling in goods. This witnesse was sworne to what he hath here testified, this 24'h Feb. (69.) in Pairefeild, before mee, Nathan Gold. Joseph Lockwood testifieth that when y" vessell -w"^ is reported to be taken, that M'. Raymond was in, in Pairefeild harboure, that M^ Raymonds sonne told him that his father had hired that vessell for about three moneths, vntill his fathers vessell came fro Virgenia. This witness was sworne to what he hath here testified, Feb. 24th, 59, in Fairefeild, before me, Nathan Gold. [232] II To that wh is testified by M^ Pell, M'. Raymond answered, that it was true that he said to M"". Pell that he had hired the vessell, (as before he had declared,) but y* he had bought her, he was not then bound to give an acc°, & the reason was because he had signified in a letter to his sonne fro Stamford to Stratford, Nouemb'' 6"^, that he had hired her, W^h was so at that time, w"'' did so appeare by a passage in y' letter w^^ was now read. M'. Raymond was asked whether he was at the Mannatoes betwixt the time spoken off by M"". Pell & y« seizure of the vessell, to w""" he said noe. Anthony Blcote vpon oath -testified, that M"^. Raymond told him at the Mannatoes, that he wanted a vessell to goe into y« north, but he needed not to buy one because he had two ves- sells of his owne, a catch that was gon to Virgenia and a small vessell hired to his sonne, w^i" he said would come, into his hands in y« spring, (as he remembers,) & y' he had hired of the Duchman, at 10" a moneth; but he would agree with the Duchman & have a bill of sale, that if the captaine should meet with him, he might have somewhat to shew, but if he should misse of him, he rnight returne the vessell to him againe; this was to y« best of his remembrance, in the after- noone next before M^. Raymond came fro the Mannatoes. Vpon w"'' M^ Raymond affirmed that the vessell was bought by him in y^ evening before he came away. 1659] JUBISDICTION OP NEW HAVEN. • 841 M'. Edward Palmes also vpon oath testified that vpon ye 18"> or 19'ii of Nouember, he meeting w"> M"". Eaymond at New London, he told him that y^ vessell he had was a Duch bottom & y* he was in treaty with y^ Duchmau abotit buying her, but he had not fully bought her. M'. Raymond saith that he knoweth not that he so spake to M'". Palmes, but vpon the question put to him, granted that after his speech with M'. Palmes he was not at the Mannatoes before the said veseell was seized. The captaine further alleadged, that it appeareth by M''. Raymonds owne expressions that she was a Duch vessell, & desired that some further testimonyes might be received & considered. Wherevpon W™ Peck being called, testified that M'. Ray- mond said that the Duchmen, or Duch gouerno', bid him looke to his estate, tliey would doe well enough to right them- selues, & y' M'. Raymond wisht y' M^. Hudson or some other did not suffer for it. M"". Bryan testified that M'. Raymond told him, that if y^ vessell were not restored, the Duch would right themsehies on y« English. To the same purpose testified M^ Goodenhouse. John Allen said that he heard M>'. Raymond say, that the Duch gouerno' threatened the English to right himself vpon them. Mr. Raymond haveing formerly pleaded against the captaine for an vncivill carriage towards him, in denying to deliver his chest, w<='' he also said he could make proofe off by WiK Trow- bridg, wherevpon the said William Trowbridg was now called, [233] who testified that M''. Raymond desired him to || goe with him to Captaine Penny, & he went aboard & into the great cabbin, but M^ Raymond stood without vpon y ice, & y' he heard M'. Raymond demand his chest, but what y^ cap- tains answere was he heard not. Sai'geant Beckly said that he heard W" Trowbridg tell the captaine that M'. Raymond was come to speake with him, and so passed into the great cabbin, but to heare the discourse betwixt the captaine & M"^. Raymond he could not. Edward Preston said that the captaine told M'. Raymond 342 EECOEDS OP THE [1669 that he should have his chest and oloathes when he had looked into it. The captaine affirmed that he denyed not M^ Raymond his chest, onely he told him he must first looke into it, as is testi- fied, & the key was not then present, so that it could not be done at that time, but since he hath delivered it. But M^ Raymond pleaded that sundry things are wanting in his chest, & that he found no apparrell in it save a cloake, & that whereas he had about 20'' in wampom, he now findes but 8'i or thereabouts ; to w^ the captaine replyed yt .M' . Raymond when he saw it opened said that he saw not but it was as he left it, & y' whereas now 20'' is spoken o£f, that M^ Raymond hath formerly said that he had lO'' there, & some of it hath been taken out by M"^. Raymond himself, who denyed not, but withall said that he tooke out but 6 or 7'. The Court haveing heard the severall allegations, answers & replyes, of plaint. & defendant, with the seuerall testimonyes on either side, it was declared that it appeares that M^. Ray- monds vessell & goods hath beene seized by Captaine Penny ; he was' desired to shew by what authority he hath so done. To W^^ he answered, he supposed that it was prouedfrom M^ Raymonds owne words that the vessell in question was a Duch vessell. It was againe demanded by what authority he hath made this seizure; to w"''' he now said that he had a Sweads comission, (but withall granted that it was of no effect here,) & besides he vnderstandeth that the Acts of Parliam' will beare it out. The captaine was told that it must be vpon y« breach of some law, it was now called for that that law might be shewed ; he said that no man was to trade in any Duch bottom in any harboure, creeke or coue of America, but y« law he produced not. The captaine was told that y« court had been enquireing, first, whether it was a Duch vessell or an English vessell, & y' M'. Raymond had endeavoured to proue her an English vessell, but he had endeavoured to proue her a Duch vessell, & y' the sale pleaded by M'. Raymond was delusive & not reall; now secondly, it is enquired how & by what authority he hath seized this vessell, but the Acts pleaded are not produced, but the court must seeke out grounds fof 1650] JUEISDICTION OP NEW HAVEN. 343 ye iustificatio of his action ; tlie captaine againe pleaded that he supposed ye Acts of Parliam* & articles of peace will be to him a sufficient warrant, he was told yt no such acts were euer sent ouer to be published here, to w<=i> he replyed that he expected to be tryed in an Admirall Court, where the lawes [234] are knowne, |1 but he is now forced Tpon a triall in refference to his trade w'^'' is here interrupted. It was demanded both of plaint & defendt if they had ought more to say in y« case, but nothing being pi^sented, y" court adiourned till the morrow, of W^"" publique notice was now given. On the morrow the gouerno"^ demanded of plaint & defendt whether they were come to any agreem' betwi^it themselues, to w'» they said no, wherevpon the gouerno"^ declared that y^ court takeing y^ case as they left it y^ last night, that all mis- takes may be pi^uented & y^ grounds of the courts so pceeding may be declared, they have drawne vp their mindes in write- ing, -w^ was read, & is as foUoweth, Forasmuch as vpon complaint made vnto y authority here by Richard Raymond, a planter & inhabitant of Salem within y«^ Massachusetts colony in New England, against one Captaine Penny, captaine of the shipp called the Roe Buck, belonging to the city of London in old England, of wrong & injury done vnto him by seizing his vessell, called the Black Eagle, vpon this coast, neare a place called Stamford point, & thence car- ryed her away into Newhaven harbour, & there vnladed the goods & broke bulk, before or without p'senting an inventory vnto the gouerno'' or gouerm', nor to obey his warrant sent to require the said captaine to surrender or deposit y° said estate vnder safe custody for triall, a court of magistrates was then called at y* request of the said Raymond, to consider y' busi- nesse, who meeting on the ISti" of February, did order & enioyne that all trade, cbfnerce & supply should be denyed vnto the said captaine & witheld by all the inhabitants, w'^ all or any estate within this colony, vpon the grounds expressed in that act or order, vntill that he should put in sufficient & standing security to answere the matter & to shew by what authority he had so done, & to abide the sentence therein, either here or in the court of Admiralty in England, as had demanded of him ; vpon w'='' restraint the sd captaine came on shore & declared himself to submitt to a triall here, if the court would grant another attendance to y' businesse, woi^ was done, 844 BECORDS Oi* THE [165^ & both y^ captaine (pforce, as he said,) & the sd Eaymond then appeareing & p^senting sundry pleas & testimonyes very contradictory each vnto other, each party haveing threatened to appeale vnto the Comonwealth of England & there to rep^sent the case to the court of admiralty for justice, in case they like not the sentence here, so that we could expect no acquiescence in whateuer issue could be here adjudged, nor did the captaine produce any comission. Act of Parliam',.&c., vpon -W'b he had so acted, or observed, onely he said he had a Sweades comission, but shewed no, saying that it was non effect here. For w^'' causes or reasons aforesd, as also for that no such Act of Parliam' phibiting neighbourly comerce betwixt adioyning colonyes of Duch & English in a time of amity betwixt the two States of England & Holland, or such freinds or subjects of either as were so scituate in these parts, hath [235] ever been sent ouer hither to be pmulgate || nor the extent of it euer declared to prohibit y^ sending or selling to such Duch neighboures pvisions or victualls for their necessary vse & liuelyhood, -w"^ is y° substance of all the trade betwixt vs on the English part, vnlesse some wampom w'=^ is not other- wise tradeable. Vpon these & such like grounds as aforesaid, the court of magistrates here met at Newhaven, have vpon this first of the first moneth anno (59,) declared & ordered, that the whole matter be transmitted vnto the hono''ble court of admiralty in London, to be there tried & issued ; meane- while, the whole estate, according to a true invoyce of what was seized, & iust apprisem*, to remaine here vnder sufiBcient & standing security, to be payable vnto whomsoeuer shall have order from that court to receive it, when such order shall be produced & vndoubtedly appeare to be the sentence of that honoi^ble court. Which said triall or posecution is hereby enioyned to be attended by either party before one whole yeare be expired next after the date of this order, vpon the penalty of y^ forfeture of all clayme or interest in the estate W^^ is here so deposited & secured, by the party faileing so to psecute or attend. The charges of the first court here to be borne by the said Raymond, & the charge of this second court by the said captaine for the p^sent, vnlesse or vntill the court of admiralty shall otherwise order or impose it vpon either party. Vpon observance of this order, on the captaines part, the former order or restraint to bee made voyd & the captaines other security is hereby released. The businesse betwixt M^. Raymond & Captaine Penny being thus issued, the captaine was told that y^ affronts he hath offered to the gouerm' here (in disobeying y^ gouerno" 1659] JUEISDICTION OP NEW HAVEN. 345 warrant sent by the marshall, y' required onely a delivery of the vessell & goods vnto custody of authority here, vntill a triall had past in y° case betwixt M'. Raymond & hiinself,) remaines yet to be considered. Vnto W^ the captaine answered, that he had beene at the carrying in of many prizes, but he neuer knew aiiy disposest of them, but if he did any thing aflFrontingly to y^ gouerm* he was sorry for it, but with- all said, that he desired y° marshall to p'sent his service to the gouerno'' & to tell him y' y° vessell & goods was at his coniand ; he was told y' was but words, but the thing was not done, wherevpon the warrant was read & the captaines answere, w'^'' here followeth, Marshall, You are hereby required to goe aboard the shipp now in the harboure, & there or elsewhere in the towne, demand of Cap- taine Penny the vessell & goods w^*" he tooke of M'. Ray- ' monds, to be deliu'ed vp to the gouerm' in this place. Vpon y= deliu'ry whereof, let a iust inventory be taken, before suffi- cient witnesses, of what you receive, w"'' you shall put in safe custody & securely keepe, till we can call a court to judge in the case, w'='' shalbe without any vnecessary delay when the wether is seasonable for the magistrates to come together, whose order we hereby engage vessell and goods shall be ready [236] to attend, whether to Captaine Penny, || if to him judged lawfuU prize, (due care being taken for that part w'='i belongs to the Comonwealth of England,) or to M^ Raymond, if it otherwise appeare. W"^ if he refiise to doe, take his answere in writeing before witnesses & returne. Dated at Newhaven y° ) #* Francis Newman, Gouernc. 25'J' of January, 1669. ) of Newhaven Colony. Captaine Pennyes answere, January 25'^, (59.) That himself & sloop was at the comand of y^ gouerm', but would not deliver it on that warrant as I carryed to him except the authority would take it away from him, otherwise he could not answere his masters in England that did imploy him. Witnesse Tho. Kimberly, Edward Preston. the marke of Francis n Browne. The captaine was told that he had but trifled in this busi- nesse, sometimes p'tending to a Sweads comission, sometimes 44 846 BJBGOBDS OP THE [1659 to a Portugall coinissioii, sometimes to a English comission ; the last he now denyed, but was asked if he had not said he had a comission & if the gouerno' would send aboard he would shew it, & his first letter speakes the same, and if he did not meane an English comission he then abused vs, for he himself said y' an outlandish comission was of non effect here ; he was asked if hee had not also said y* he had no Swfiades comission, •^oh lie granted to be true that he did so say at y" Mannatoes yt he might get passage by, w""* vntrueth y^ court witnessed against & told him that he had by these carriages much dis- honoured himself. The captaine acknowledged that it was his fault that he did not obey the warrant, & desired the court to passe it by, & declared y' it was his purpose not to give offence to this gouerm' while hee stayes, nor to any gouerm' where he shall come. The captaine was told that the consequences would bee liazzardous, both as it referrs to strangers or those amongst o'selues, if men should be suffered to dispise y« aiithority & gouerm' settled amongst vs, but he being a stranger, the court did encline to favour if his future carriage whilest he remaines here be to satisfaction. Mr. Scott did desire it might be noted y* he did protest against Captaine Penny, & declared that he was damnified 80" by the interrupting of his proceedings in his voyage, occa- sioned by his act concerning y« vessell he hath seized of M'. Eaymonds. [237] II The vessell & goods returned by Captaine John Penny, & deposited with the court, (in refference to the case depending betwixt M^ Raymond & himself,) being inventoried and apprized, as in a paper subscribed by W™ Peck, Thomas Kimberly, ^ in the pticulers doth appeare, doth amount to 238", 9% 2'', besides w^ M^ Raymond demanded of Cap- taine Penny, as seized by him & not returned, certaine goods to the valine of 45", 6% 8^, w"^ here follow, li s d Butter in a fatt, 01 00 00 160" biskitt, 01 07 00 12 bush: onions, 02 08 00 2 pewter potts, 00 04 00 3 brest wimbles, 00 03 00 2 hamers, 00 01 06 U s d Beife, 04 00 00 Porke, 03 08 11 Butter & a paile, 00 12 00 12 bushell turnipps, 00 12 00 A wascoat, 00 07 00 A p'e of breeches, 00 08 00 1660] JURISDICTION OF NEW HAVEN. 847 1' s d li s d eiipepp, ,, 00 14 00 Askinofbeavor, 00 16 00 Broad cloth 3 yrds ^ J, 03 07 06 30 cheeses at 18^, 02 05 00 A munmoth capp, 00 04 00 Derrick Johnsons goods. 2 p'e gray stockings, 00 05 00 A boosh. pease, 00 03 06 Wampom, 08 00 00 A coate & breeches, 02 00 00 25 18 05 19 08 03 Total, 45 06 08 Mf. Richard Raymond, Lemuell Raymond his spnne, aged about 15 yeares, & Derrick Johnson, or at least two of t^em to euery pticuler aboue mentioned, did vpon oath testify that these goods, as aboue, were all seized by Captaine John Penny & not returned, to y^ best of their knowledge, & that the vallue was iust, according to their best light. Before M'. Francis Newman, Gouernor, the 22th March, 16|f . Eor w^h goods Captaine Penny left salt (as he said) 300 bushell as security. [238] At a Court op Magistrates held at Newhaven, the 28 OF May, 1660. Francis Browne of Stamford being bound ouer to this court to answere Samuel Plumb of Brandford in an action of the case concerning Edward House, appeared, at whose desire, (he being not p''pared,) the businesse was respitted vntill y^ court of magistrates in October next. In the meane time y^ security already taken at Stamford for his appearance at this court, to stand for his appearance then. M''. Crane y° magistralte at Brandford was desired to have a vigilant eye vpon Edward House that he withdraw not, but that hee then also attend the cotirt to answere the complaints off Francis Browne agaihst him. 848 BBCOEDS OP THE [1660 Joseph Gernsey, plaint' . \ The plaint', entred an action of debt Rich. Mills, defendcmt, ) & damage against the defendt, to the vallew of 91 ' or thereabouts, dew vpon two bills; y^ defendt owned j" bills, but pleaded that part of the debt was paid ; the plaint & defendt agreeing betwixt themseluesj^ the court gave no sentence in the case. jyt. Mills, plainteife, ] The plaint' entred an action of debt Widdow Seely, defendt. \ to the yallew of 4i' against the defendt, who being called, answered not, but Leiftenn' Bell on her behalf pleaded that since Mf . Mills had y^ -nrarrant he told him, & he told/the defendt, that he would not prosecute ; to w'='' M^ Mills answered that what he said was onely eonditiour all, but he did tell her the last day of the weeke, that he would psecute. Leifteun' Bell now engaged that he would vnder- tak» that sometime this summer the debt should be pa,id according to agreem*, w'^'' was the p'sent issue at this time. Sigismund Richalls of Brandford, security for John Heard- man for a fine of 10", and for the good behaviour of the said John Heardman y^ some of 50'', as by y^ records in May 1659 doth appeare, at his desire & request was now released from his engagem* for the 50'i, & vpon y^ receit of a bill fro Ensigns Bryan for paym* of the 10", w"^ y« court accepted, the said Richalls was acquitted fro the said debt. iW. John Youngs, plaint. \ The plainteife entred Richard &niith of Setaucut, defendant. ) an action of debt against the defendant who stood bound in a bond of 10' ' for his appearance at this court, as was testified by M"". Wells, who being called answered not. John Budd, junior, plaint. ) The plainteife entred an action Richard Skidmore, defendt. ) of complaint vpon suspicion of felony, against the defendt, for whose appearance certaine [239] goods belonging to the said Skidmore were || attached, the coppy of w'^'^ attachm* or warrant was pi^sented & read, but found in a pticuler to be defective, being dated May 3, 1660, & appearanc enioyned May next, but M'. Wells testi- fied that Skidmore did vnderstand that he -was to appeare & John Budd bound to prosecute y" attachm* at this court. Y^ defendt being called answered not, wherevpon the court did 1660] JURISDICTION OP NEW HAVEN. 349 order that y® attachm' on the goods is to remaine vntill he answere John Bnd in y° case, or vntill further order fro the court. According to what was desired by the court, May the 23 , 1659, the ma^e in question betwixt M'. Peirson & John Cowp was pi^sented to be veiwed by ye court, at w"'' time brother Moulthropp said that M^. Peirsons colt was a bright dun, but M'^. Peirson affirmed that it was a darke dun. Brother Cowper said that he neuer bought a bay colt, but a black browne colt, & desired that it might be considered that M"". Peirsons witnesses say y' Westalls mare had a bay colt ; wherevpon the court told him they have beene ready to heare him or any witnesses produced by him, & are still ready, if he please to pi^sent them, but he did nothing that way, only he said that he could proue that this was y^ mare he bought, w'''' he gave a small slitt in y« eare vr"^ grew vp againe, the trueth of w'='> was not much questioned, yet he might buy a wrong mare. After this y^ court haveing veiwed the mare & con- sidered the testimonyes, after some respitt, y^ defendt de- clareing that he had no further to say at p''sent vnlesse he see cause of a reveiw, the court (M^ . Gilbert excepted, who also laid claime to the sd beast,) by way of sentence declared, That they do not app'hend any cleare euidence by either party p'sented, yet the case haveing beene long depending, ■^ch ye court have desired might have beene issued betwixt themselues, or by the help of some freinds with them in way of arbitration, but the defendt app'hending himself not in a fitt capacity so to end it, the court saw themselues called to pht an issue to it, & therefore, according to the euidence p>^sented & compared with y» mare now she hath beene veiwed, they doe at present judg that the most probable right falls on y« plainteifs side, and that he shall have y^ mare & what encrease she hath, in his possession, a way being still left open for a reveiw by the defendt if he see cause to prosecute that way, or for claimes by any other pson, w'l'in ^ And for the charges w'='' have beene expended about this businesse, that they be borne equally betwixt them. Anthony Waters, attorney for John Concklin, Tho Osman 350 EBCOEDS OF THE [1660 & Tho Rider, inhabitants on the land called Hashamommock, plainteifs, entred an action of the case against John Budd senior, for breach of an ancient order made for y« p''servation of good neighbourhood, w'^'' order or agreem* is as foUoweth, [240] II We whose names are vnderwritten inhabiting on y« necke of land comonly called Hashamommock, considering that our comfort & quiet settlem' would consist & stand in y^ enjoym' of good neighbourehood, did make this agreem' at our first sitting downe, that what man soeuer should desire to remoue, & so endeavour to make sale of his accomodations, should put in such neighbour as the other inhabitants liveing with him shall approue off. William Solman. This is a true coppy of y« Henry Whitney, record, coppied by mee, Edward Tredwell. William Wells, Recorder. Tho Benedicke. John Budd junior appeared to answers the sute. After sundry pleas made, both by plaint. & defent, the plaint finde- ing himself at p''sent not sufi&ciently furnished to make proofe of some pticulers materiall in the case, desired onely that the court would declare whether they approue the orrig- inall agreem*, vnto w'''^ y« court returned that they see not but that y« agreem* is righteous in itself and bindeing to those that did first engage and to their successors, pvided that due meanes was afforded for y^ knowledg of it. But it being not sufficiently cleared that the defendant had sufficient knowledg of it, y« plaint also pleading that he doubts not to make proof of it when they come home, they doe there refer this -question to be issued by ye court at Southold, (where the state of the question is best vnderstood,) if y^ plainteife shall see cause further to pi-osecute. There being p-'sented to the court by M'. Wells, an award drawne vp by himself, & otherwise therevnto subscribed, touching a defamation raised by Henry Case & Theophilus Curwin, against seuerall psous therein nominated, for our judgm's in the same, being divers of their neighboures in Southold were vnsatisfied therew"", as also an acknowledgm' subscribed by the said Case & Curwin ; now we doe hereby declare, that the arbitrators having submitted what they con- ceived might be iust, for satisfaction in yt case, in ref- ference to corporall punishm*, vnto allowance of authority, 1660] JURISDICTION OP NEW HAVEN. 361 we see no cause to alter the award, but yt it be observed in that pajt as in all other, as the authority of Southold see fitt, & not otherwise. The proceedings specijEied in a bond vnder the hand & seale of Richard & Josua Raymond, concerning y« p'sent disposall of some part of the goods depositted w"" y'^ court in refference to a differrence betwixt M'. Raymond & Captaine Penny, transmitted to the court of Admiralty in England for issue, w"^ was done by y* gouerno"', deputy gouernc & M'. Gilbert, was approued by the rest of the magistrates. Richard Law of Stamford, (in the behalf of some orphans,) entred an action of the case against Geo : Tucky, concerning a mare. M'. Mills, in behalf of y' defendt., pi'sented a [241] II writelng by him subscribed excuseing his non-appear- ance, & for the cleareing of the case. But it being intended y' two of the magistrates should shortly keepe court at Stam- ford, the businesse was respitted vntill then, for heareing, if they agree not betwixt themselues in the meane time. Mr. Wells certified y' John Corey, John Swasey, M^ John Bootji, Joseph Youngs senior, Tho. Rider, Edward Petty, Tho. More, juni"", (who were all bound ouer to this court, as appeares by y® records of May 23''', 1659,) had taken the oath of fidelity. John Concklia, plaint in an action of trespasse to y^ vallew of 10'', against John Corey, defendt., declareth. That the defendt. kept diuers swine in about the comons of Hashamommuck lands, where he had no right so to doe, whereby his now wife in her widdowhood had sustaiaed great losse in her cropp of wheat, & pease especially, & in two loads of pease by the defendts hoggs after they were housed, & al- though y° pi wife gave the defendt notice divers times of his hoggs continuall trespassing, & that although her sonue in law kept the feild 6 purpose to pi'serve the pease & other graine there growing, yet his hoggs would not be kept out, neither did the defendt vse meanes to pi^uent them, to the plaint knowledg, although he had no right to keep hoggs there as aforesd. The defendt denyed not that there was damage done by 362 RECORDS OF THE [1660 his hoggs in the plaint pease, but withall said that part of y° damage was done by hoggs belonging to other men, as well as his. The Court haveing heard the demand of the plaint', w"" the answere of the defendt, w^^ seuerall testimonyes given in on either side, at last came to vnderstand that y® matter had been arbitrated at Southold. The arbitracon was cald for, p'sented & read, wherevpon it was demanded who broke that arbitration. Jo: Corey confessed it was his act, .but withall gave his reasons, w^"^ satisfied not, for w"'' he was reproued; after W^ the court proceeded to sentence, & declared that the defendt shall pay to the plaint' for damage done in his pease, 20% & for his trouble, expence & changes, 20', as was ordered by y" arbitrato^^ fro whose judgm* the court saw not cause to differ, vnto w<='' they now add 40^ for further charges, & 10* for the fees of court. All w"^, being 4ii, 10% is to be paid by y= defendt to the plaint, & in case of non- paym' the court of Southold to grant execution. John Concklin, plaint', in an action of slaunder to the vallew of 50i>, against John Corey, defendt, declareth. That the defendt on a training day, before a great part of the traine band, did endeavoure by his words to take away his repute & esteeme amongst his neighbours, & lay him below y^ heathen, & to that end spake words to this effect, or the same woi^ds following, viz':, that John Concklin was a neigh- [242] boure not fitt for an Indian || to live by, & when the plaint' & defendt were both sicke, & the plainteife was not able to craule out of his house, yet then he killed one of the defendts hoggs, & divers other words at other times of a slaunderous nature, w^ will appeare more fully by the eui- dences that shall be given in. The plaint' p'sented sundry testimonyes to proue y^ sub- stance of his declaration, w^^ being read, the defendants an- swere was called for, who said that his was a guilty pson & could not justify himself, he had done evill & he saw it, he confessed that he had done manifest wrong to the plaint' by speakeing to his reproach as he had done, w<=h he was sorry for. After W'h the court declared by way of sentence, that the defendt shall pay the charges of the court, w«h is 10=% & that 1660] JURISDICTION OF NEW HAVEN. 363 it is desired of M'. Youngs the reuered pasto"" to y^ church at Southold, w"> M'. "Wells & Mr. Youngs the p-^sent deputyes, that they draw vp an acknowledgm' suteing the case, ■w'^^ is to be duely published by John Corey, to the cleareing of John Concklin in this matter. ' John Corey, (out his affection to W™ Solmans children (as he sd) for the kindenesse he had received from their father,) did now tender to part w'^ a peice of land w"^ was his by the guift of W™ Solman, for w^i* he will accept of corne, cattell and wampom (at a due valine) for pay, & ^bate 20= of the price as it shall be determined by goodman Reeues, goodman Furrier, goodman Terry & goodman Tucker, who were by ioynt consent now chosen to determine that question, if John Concklin accept, & W™ Solmans sonne may enioy it. John Budd junior of. Southold, plaint in a action of slaun- der to the valine of 20'', against John Corey, declared that the defendant hath, as he conceives, charged him (in y° open meeting house) with takeing a falce oath in a testimony he gave in against him concerning pease. The defendt referd himself to the euidence in y^ case. The depositions of Ensigne Glover, Tho. Mapes and John Concklin were by the plaint' p'sented & read, as foUoweth, These deponents being together about the begining of March last, at the meeting house in Southold, saw a coppy of an arbitracon delivered to John Corey, touching certaine differ- ences arbitrated & ended by indifferent arbitrators betweene him & John Concklin abouesaid, at w"'' y^ sd John Corey was much discontented & said he was wronged by falce witnesse ; the deponent, Charles Glouer, laboured w**" him to submitt to the arbitration, saying many men in England were hanged through falce witnesse, this was but a 20^ matter, it was bet- ter to suffer then be contending, or words to that purpose, but John Corey replied, so dm I now hanged through falce witnes ; and the said deponents, Charles Glouer & John Concklin, [243] further say, y' John Concklin asked || John Corey how he was hang'd by falce witnesse, he replied he was hang'd by falce witnesse about the pease specified in the arbitration, or words purporting the same in substance. Deposed the 17 of May, (60.) Charles Glouer, by Charles Glouer & John Concklin, Thomas Mapes, before mee, W" Wells. John Concklin. 45 854 EBCOEDS 01* TAB [1660 John Ooncklin said that he neuer named John Budd in this businesse that he knowes of, wherevpon the plaint' was asked how he proues that John Corey slaundered him, being (as hee sayes) he named him not, to w<^^ he answered that there was no other that gave testimony concerning the pease, therefore by cleare consequence he must meane him who was the onely witnesse in the case. For the clearing of y« case, M'. Wells testified that there was non that gave testimony before the arbitrators betweene John Concklin & John Corey but John Budd*, and that John Corey had owned that he did intend him & had also tendered hifii satisfaction. Charles Glouer also testified, w"'' was in writeing p^sented. That he being in presence occasionally at goodman Hortons house & there being John Corey & John Budd at difference about some words y' had passed fro John Corey against John Budd, in W^ there was a app'^hension of slander, and then & at that time John Corey did,tender such satisfaction vnto John Budd that, if the case had beene his owne, he could not chusg but have taken it. And this vnder my hand I give, ^ me, Charles Glouer. John Corey now confessed that he spake those words & hath thereby done John Budd wrong, w^"" he was sorry for ; he further added that he did tender John Budd to give him such satisfaction as indifferent men (who John Budd should chuse) should judg meet. After w'='' the court declared that it appeares, both by euidence & the confession of John Corey, that he hath spoken slaunderously of John Budd, for w"'' it seemes satisfaction hath beene tendered by John Corey, but not psecuted as it ought to be to the satisfaction of John Budd, who should also have beene more ready to receive sat- isfaction then it appears he hath been ; all w^'' being con- sidered, by way of sentence it was ordered that John Corey pay the charges of y« court & give due satisfaction to John Budd by way of aoknowledgm' at Southold. At the desire of Ensigne Bryan the businesse concerning the estate M'. AUerto deceased, came to be againe considered wherevpon Deacon Miles & Gervase Boykin, who were author- ised to collect & conserve the sd estate, gave in their account of what they had done in this businesse, viz, that they had sould 1660] JUEISDICTION OP NEW HAVEN. 855 the time of service dew fro Jolm Little, servant to M' . AUerton deceased, for S^', which is in the hands of Jeremiah Oshurne, vr"^ being added to 1291', 5s^ 2*, makes the estate 1321', 5% 2^. It was also informed that there is in M"^. Ogdens hand a mare [244] & 2 colts belonging to this estate, || onely an account w'h My. Ogden is to be considered, w"^ is not yet come to hand ; also a debt dew fro Captaine Morris of Road Island, also that there came fro Barbadoes, (since M''. Clarke came thence,) to M'. Lake, 4 hogsheads of sugar, part of which belongs to this estate. The aforesd agents were desired to vse their endeavo'^ to get in the estate, that so iust debts may be satisfied. Vpon proof now made, a debt of 5'', 16^, 1^, ob, to Sar- geant Jefiferies, & a debt of 5'', to Captaine Robt. Martine, were also allowed, who are to have in pportion w^^ other cred- itors whose claimes were allowed in October last. Besides w<='', Ensigne Bryan now demanded for his sonne Rich. Bryan, 3", W-" Bast, 2^\ 9s 6^, M>-. Lord, (besides the debt of 13J> allowed,) 40% M''. Raymond, attorney for M^. Batter of Salem, vpon bill but not attested, 6'i, 5% Joseph Alsupp, for M"'^. Sheafe of Boston, w"'' he said stood faire in her booke, 8i' ; w'''' demands if legally proued to satisfaction of the court at Newhaven, or the court of magistrates in Octo- ber next, shall be considered. In the meane time their pro- portions, according to the somes demanded, shall in y^ division of the estate of 132'', 5% 2^, be set out & left in trust with Deacon Miles & Gervase Boykin aforesd, vntill it bee adjudged (by this court) to them, they prouing their debts, if otherwise, then to be divided in proportion to the creditors already legally proued so ; but after this time, no other creditoi^^ to be admit- ted in refference to the estate aforesd of 132'', 5^, 2^. John Cowper also renewed his claime (vpon the estate) for a debt dew (as he sd) vpon bill to John Westall of Seabrooke. M''. Allerton testified that there is more paid then is made received vpon y® bill, & that there are other accounts w"' Jo, Westall to be cleared, wherevpon John Cowp tendered that he would answere their demands vpon any other accounts to y^ vallew of the debt demanded by him, but desired that first 356 RECORDS OF THE [1660 his bill might be satisfied. The court told him that it would be accounted irrationall that Westall should assigne bills & not be bound to answere accounts, especially where y^ man is dead & the estate non soluant, but lett Westall come & cleare accounts, & then his bill shall be considered. M'. John Davenport, pastoure to the church of Christ at Newhaven, delivered into the hands of the court (to be kept for the Tse of the magistrates and elders of this colony, as is specified in his writeing to them,) certaine writeings concern- ing a trust comitted to himself, w"" some others, for the dis- posall of an estate given (by the worH Edward Hopkins, Esqr. deceased,) for the furtherance of learning in these parts, w"' resignation of his power & interest therein (so farr as he might with p'serveing in himself the power comitted to him for the discharge of his trust,) w<='> is more fully & pticulerly expressed in the records of the gen: court,) wh was thankfully accepted. [245] II The last will & testament of John Parmerly, late of New Haven deceased, was presented, made the S'li of Nouember 1659, proued by the oath of Deacon Lindon & Deacon Peck, at a court held at Newhaven January S"), 1659. An inventory of the estate of y^ said John Parmerly was pi^sented, amounting to 78'*, 13% 0^, made the 2^ of January, 1659, by Deacon Pecke & Eoger Allen, & by them attested vpon oath that the apprizem* was iust, according to their best light, & by the widdow of the deceased, that it was a full inventory of y" estate of her deceased husband, to the vallew of 10^, to the best of her knowledg, at a court at Newhaven Jann: 3, (59.) The last will , 19«, OOd, taken by William Wells & Tho. More, Septemb. 7, 1658. Deposed before vs, W™ Wells, Barnabas Horton, by M'^. Mary Herbert, to who administration was now granted. An inventory of the estate of Elizabeth Paine, widdow, late of Southold, deceased, was p>"sented, amounting to 271", 15' 10^, taken by Barnabas Horton, W"" Furrier, Charles Glouer, f 15"! of September, 1658. An inventory of the estate of Peter Paine, late of Southold, 1660] JUEISDICTION OP NEW HAVEN. 359 deceased, was p'sented, amounting to 74'', lO^, 6'^, take the ISti" of September, 1658, by Barnabas Horton, Charles Glouer & W™ Furrier, who were sworne the day & yeeare aboue written. M^. Wells informed that there was a will left by the hus- band of Elizabeth Paine, (now also deceased,) w<='> will was proued at Salem, by w^"^ he gave some estate to his children, W^i" shee was to have the vse of for her life ; she being dead they haveing a conceite that this jurisdicon had nothing to doe to order the disposall of the estate, therevpon, w'^iout approbation of authority, divided the estate according to the will, but had no respect to the debts dew from y^ estate, w"'' yet remaine vnsatisfied. "Wherevpon the court declared that the said Elizabeth Paine dyeing & the estate being at Southold, it falls vnder the cognizance of the authority here, & that ye division made was disordly, & did therefore order that the estate be againe returned, & be responsible for paym' of all iust debts, & then what estate remaines to be divided accord- ing to the will of the deceased, the care of w<^'^ businesse was ■ left to those in authority at Southold. The Court allowed the marshall about 26 shillings out of the goods depositted in reflference to the differrence betwixt M'. Raymond & Captaine Penny, for his charge & paines in & about that businesse. [248] At a Couet op Bllbctions held at Newhaven t^ 30''' Mat, 1660, pob the Jueisdiction. M"^. Francis Newman was chosen Gouerno"^. M^. WiH Leete chosen Deputy Gouerno"'. M^ Mathew Gilbert chosen Magistrate at Newhaven. M"^. Eobert Treat chosen Magis- trate at Milford. M"'. Jasper Crane chosen Magistrate at Brandford. Y^ Gouern"" & Deputy Gouerno% Comissioners, M^ Crane the third in y^ election, if God by his pvidence should disable either of the other. M^ Wakeman chosen Treasurer, & WiUiam Gibbard to supply his place, if God by his prouidence should disable M' . Wakeman, (who was now 360 RECORDS OF THE [1660 sicke,) for ye discharge of that trust, "William Gibbard chosen Secretary. Tho: Kimberly, Marshall. All for the yeare ensuing. At a G-eneball Court held at Newhaven fob y* Juris- diction, THE 30"» OP Mat, 1660. The Deputies p'sented their cirtificates, W^^ were approued, all for the yeare ensuing except Milford & Southold, which were only for this p'sent court.* As an alteration of the printed law concerning publique charges, it is ordered, that both for this yeare & henceforward vntill further order, that all sheep of a yeare old or aboue shalbe rated but at 15^. It is ordered that no act or agreem* made or done by psons vnder age, bindeing themsejues for yeares, shall be accounted valid, vnlesse there be y^ expresse consent of their naturall parents or of some magistrate, or other authority in planta- tions where there is no magistrate, and y* no servant shall be assigned fro man to man but before the authority of the place & by their allowance. There being a small estate left by Daniell Bradely deceased, the court was desired to declare how that estate should be dis- posed off, wherevpon it was ordered, that the estate of Daniel Bradely (his iust debts being paid) shalbe divided amongsts his relations, viz, his mother, brethren & sisters in equall pportions, except Willm Bradely, who being a brother by the father only, is to have but a half share with y^ rest. M^ Wells informed that John Budd senior, of Southold, had before & in the pi'sence of their freemen, signified his desire to lay downe his place of leiftenn*, (w"*" he himself now in a letter to the gouerno'' also declared & desired,) vnto w"^ ye said freemen gave their consent, & that the- soldiers had for some time beene exercised by Bnsigne Charles Glouer, where- vpon the court desired that j« said ensign (as propp to his * The Deputies for the town of New Haven, chosen May 21, 1660, were Mr. John Wakeman and Leiut. John Nash, Ensign Henry Lindon the next in choice. 1660] JURISDICTION OP NEW HAVEN. 361 place,) doe attend (as cheife in comand,) the charge & care [249] II of the millitary businesse, vntill y= freemen, accord- ing to their liberty, shall make choyce of himself or some other to some higher office, as they shall judge meet. It is hereby recomended to the freemen of the seuerall plan- tations of this colony, as they are furnished w"' able men for such seruice, that they would make vse of their liberty for to make choyce of such to the place of a captaine, whom they judge meet to vndertake that trust, & p^sent them to y° gen- eral! court in May next .for approbation & confirmation. A writeing from Stamford subscribed by 25 of j" inhabits ants, dated May the 28"», 1660, was p^sented & read, wherein they complained of much wrong they had sustained by Indians killing their hoggs, w"^ the court tooke into consideration, but the Indians not being p'"sent, nor any to testify to the pticuler injuries sustained, it was left to further consideration. Vpon information fro Stamford & otherwise of much damage done by Indians by killing of swine & other cattell, it was ordered that in euery plantation due meanes shall be vsed for the- informing of the Indians concerning the printed law against theft, according to the true meaning & extent of it, & y' it be declared to them that they must expect to be proceeded against according to that law if they shall be found breakers of it. The order made in May (59,) referring to the court of magistrates in October following concerning the sizes of shooes, w^ could not then be attended because the said instrumt there mentioned was not p^'sent, is now againe referred to y« court of magistrates in October next, in all respects as then it was, before w"''^ time Francis Bell engaged to send the .said instru- ment to NewhaTen. M'. Walker & Sargeant Baldwin coming to the court, y* busines of Paugasett came into consideration & debate, & Sar- geant Baldwin informed that an Indian, called ^ , the pprietor of the meadow called hoggs meadow, had bestowed the said meadow vpon him, & the said Richard Baldwin desired that it might be an appendix to Paugasett, where some farther p^parations had beene made this winter by fenceing, 46 362 RECORDS OF THE [1660 for the carrying it 6 to a village, w'>^ they intended to pursue. Against what was propounded concerning hoggs meadow those 0^ Milford objected that it would straiten their plantation if that should be granted, to W^ Sargeant Baldwin answered that he conceived it must fall one of these three wayes, the meadow being his, 1, that either it be an appendix to Paugar sett, or 2'!, that as he is a planter at Milford he may enioy it, or thirdly, if Milford have it he may have a vallewable consid- eration for it. Concerning w^"^ meadow the court did nothing [250] at this time, but the || order made in (58,) was read & they were told that this matter of Paugasett had been 4 or 5 yeares vnder consideration, & that the court had been often exercised w"" it, and it was now expected that they should have heard that Paugasett had been in a settled way to y« ends ppounded, before this time; but when the returne is given they onely say, they have done something about fenceing, &, so it is delayed from court to court & held in a dallying way for 4 or 5 yeares together. Sargeant Baldwin pleaded that he was hindered by obstructions he had mett with by y^ ordinary at Milford & by sicknesse the last summer, where- vpon y^ court declared, that they would make triall for one yeare more, but if Paugasett become not a village by yt time to the ends ppounded, what was ordered the last yeare they expect to be attended, and that if the worke goe not on in the meane time to the satisfaction of the court of magistrates in October next, Edward Wooster, with any other that is there, shall bee remoued & not suffered to liue in such an vnsatisfy- ing way as now they doe. , It is ordered that whosoeuer shall, directly or indirectly, sell or give any dogg or bitch, whether elder or younger, to any Indian, he shall pay to the plantation where such fault is comitted as a fine, 40^ It is ordered that whosoeuer without license from some magistrate, or other authority where there is no magistrate, shall sell any wine or cidar by lesse quantity then a quarter cask, & of liquours lesse then 10 gallons, he shall pay such fine, or suffer such punishm' as is exprest in y^ law concern- ing cidar, anno (59.) But where the seller cannot be come 1660] JUBISDICTION OP NEW HAVEN. 363 at, the fine shall be required of the buyer, w"^ fine shalbe to the plantation where such offence is comitted. By way of addition to the law concerning Quakers, anno (58,) it is ordered & declared that it is left to the liberty of the authority in each plantation, either to inflict such punishm' for the first & second offence as y^ law pvides, or to punish them by a fine of 5i' for the first offence & by a fine of lO^' for the second offence. It was propounded that there might be a generall training at Newhaven this yeare, of all the soldiers, both horse & foote, belonging to the seuerall plantations ; but it being found that the fittest season was past, y* spring being so farr spent, it was at this time ordered, that aU y^ horses w"='> either now are or before that tinre shall be listed in y^ plantations, w"> so many of the foot companyes as the ofiicers shall now agree vpon, (Stamford & Southold, by reason of their distance, being left at their liberty,) shall meet at Newhaven the last third day of the weeke in September next, to carry on a training for 2 [251] dayes, for whose encouragm' || it is ordered, that at the charge of the jurisdiction a barrell of powder shall be prouided for them & then distributed to them. The customs & excise of the whole jurisdiction are let out to Bnsigne Bryan at 30'' for the yeare ensuing, but y* forfeit- ures that may be made by non entry, &c, remaine to the juris- diction & informer. Vpon weighty grounds p'sented, y® court desired y^ gou- erno"^ & deputy gouerno"^ to goe to Stamford, there to keep court ; Kich. Lawes & Francis Bell were chosen to assist in y= said court ; w'^'' court hath power comitted to them equall to any plantatio court assisted by two magistrates. It was fur- ther ordered, while there is need, that two magistrates shall be yearely sent to Stamford to keepe court, at the charge of the jurisdiction, y^ charge of entertainem' at Stamford excepted, w"'' is to be borne by themselues. And the like priviledg, vpon y* same tearmes, is granted to any other plantation who shall desire j" help of two magistrates to be sent to them, pvided y* court judge that they stand in neede of such help to be afforded to them. 364 RECOEDS OP THE [1660 At the motion of M'. Bishopp, pastour to the church at Stamford, y^ court also desired M^ Davenport & M^ Peirson to goe to Stamford, to afford their counsell & help for j" well settling of their church affaires; but if M'. Davenport, by reason of his weakenes & y« hotnesse of the season, do finde himself vnfitt for the journey, it is desired that he would nom- inate another in his stead. And the magistrates to have one man, & the elders another, to attend vpon them, at y'' jurisdic- tion charge, except expences at Stamford. It is ordered that 50'' shall be paid to the gouerno'", and 20'" to the deputy gouerno"^, for the yeare ensuing. It is ordered, that the treasurer shall buy 2 barrells of powder to make vp the jurisdiction stocke, & another barrell to be distributed to the soldiers at their meeting at New Haven in the latter end of September next. This Court,- while now sitting, have received fro Nath: Siluester of Shelter Island, a slanderous & blasphemous letter vnder the couert of another, written with his owne hand, together with some information of sundry calumnioiis and opprobrious speeches vttered at Southold, against y° courts & magistrates of New England, as well as oi^selues in pticuler ; as also that himself (professing to be a Quaker,) hath beene a freqiient harbourer to give entertainem* to y* cursed sect, who fro his island haVe frequently taken opportunity to come amongst o"^ people, soweing the seeds of their pnitious doc- trines, & sometimes by grosse affronts, publiquely to make disturbance at Southold ; all W^ practises are highly offensive, dishonorable to God & contrary to law, & not to be suffered by [252] vs. II Wee therefore order & appoynt, y' forthwith 100'' of y« said Nathaniels estate within this jurisdiction be attached & seised, & not to be released vntill this court of magistrates have received satisfaction from him for these & such like offences, if proued against him, notice being given to him to appeare at the court of magistrates held at Newhaven the 17"» of October next, then & there to answere these com- plaints & what else shalbe charged against him. At the desire of the freemen, M'. "William Wells and Oap- taine John Youngs were chose deputies for the towne of 1660] JUEISDICTION OF NEW HAVEN. 865 Southold for the yeare ensuing, who are authorised to hold a court once a quarter, if neede require. Barnabas Horton, Barnabas Windes and Charles Glouer, were chosen to be their assistants in that worke, who have equall power & vote with them dureing the time of sitting in the coiirt, (and no longer,) to heare, judg & determine w*!" them of all matters within their limitts & power formerly granted to the coiirt there. And in case that any of these three shall be absent, they have liberty to call in any of the freemen, by ioynt consent, to supply the place of the absent party or parties. M^. Wells & Mr. Youngs now tooke the deputies oath, who are to admin- ister the said oath to the other three aboue named. Vpon a motion of some of the deputies, concerning en- larging the troop of horse, it is ordered, that any pson or psons in any of the plantations within this colony y' will finde horses & furnitture for them fitt for service, when such horses with their furniture are in readiuesse, and such psons as so list themselues shall be allowed by ye authority in that plan- tation so to doe, they shall be freed fro paym' of rates arise- ing vpon civell accounts, in refferrence to their psons & horses, w*'' grant of such other priviledges as is allowed by this court to the troupers already settled, provided, that such as so list themselues shall alwayes be in readinesse for service when called forth, & shall keepe such horses & not dispose of them, nor yet vnlist themselues or horses without liberty fro the plantation. Also that both those already ordered, & those that shall be added, shall traine euery training day, at least for this next yeare, & that what number of horses are added in each plantation & how furnished, shall in writeing yearely be certified to the generall covirt. Whereas this Court is advertised of some dwellers in townes within this jurisdiction, who are owners or managers of some cattell or other estate w=h is transcient & fleeting, sometimes within & sometimes without the bounds of the colony, and so possibly, if no law were prouided accordingly, [253] might escape || paym' of rates or publique charges any where, it is therefore ordered, that whosoeuer, being an inhabitant in any towne in this jurisdiction & standeth pos- 366 RECORDS OP THE [1660 seSsed or is o-wner of cattell, or other moueable estate, W'' is transcient, & passing betwixt this jurisdiction & any other, V^ may be there abideing for some space, yet shall returne home againe to y« owner here and so abide for a considerable time, he shall pay all rates for such transcient estate, as well as for what is here more constantly abideing, whether it be estate at sea or on shore. Forasmuch as y', by some former lawes, this court hath taken care in some more generall way to p''uent inconyenience & charge, likely to grow or come to this colony or any of the plantations" therein, by the idle or euill lireing or miscarry- ings of psons here resident, w^^ orders, for want of some fur- ther extension or explication of some pticulers from whence such inconvenience or charges, &c., may grow, & of some other psons who may also walke offensively in like practises, did see cause to declare that all psons, whether householder, sojourner, child, or servant, shall be found & convict before any of the magistrates, or other settled authority of the towne where it is done, to meet or company together in any kinde of vaine manner or vnseasonable time, whether by day or by night, to mispend & wast the p'tious talent of these gospell seasons of grace W^ we yet enioy, to the hurt & hinderance of religeoUs education in all godlynes & honesty, (vnto -W^ formerly the yoiith of New England have vsed to improue time by meet- ings more frequently after a godly sort, to the encouragem* of the hearts and strengthening of the hands of magistrates, ministers & parents, in the workes of Christs gouerment vnder their seuerall hands respectively, then of later yeares can be observed,) now y' it may more clearely be vnderstood what we judge to be such miscarriages or misdemeano" amongst such psons, as doe thus tend to discourage Gods worke vnder o'^ hands and may proue hurtfull & hindersom to the profitting of o' posterity riseing,) Wee do*e expresse, that not onely such night meetings vnseasonably, but corrupt songs, & foolish jesting, or such like discourses, wanton & lascivious carryages, mixt dancings, imoderate playing at any sort of sports & games, or meere idle liveing out of an honest calling indus- triously, or extravagant expences, by drinking, apparrell&c, 1660] JURISDICTION OP NEW HAVEN. 367 have all & euery of them such a tendency ; All w'' we desire & appoint should be duely witnessed against by the authority in each plantation, according to their discretion, all circom- stsmces being duely weighed, according as they shall appeare to aggravate or lessen y« offence or offences; And the [254] II families or family gouerno" ouer such psons, are required to observe & give information of all psons vnder their respective charges herein, vnlesse they intend to be ac- counted accessary to the offences of such as are vnder their power, k to be dealt withall accordingly. Henry Tomhnson of Stratford, haveing beene called before the court of magistrates in October last, to answere for an vniust molestation of our gouerno' by an arrest at Connecti- cote in September 1659, was then bound ouer to this court, who being called, appeared. Y* record of court concerning him in October being read, & therein the case depending being rep'"sented, y^ deputy gou'no"^ declared, that he heard what had past formerly, now what convictions he hath since had of his evill in this matter, if he had ought to say, the court would heare ; but if he would defend the case, they were ready to heare that also. Vnto w^^ Henry Tomlinson answered, that he came not to justify himself, but saw cause to condemne himself for acting as he had done, & confessed that he wanted words to expresse himself as the case requires. The court and sundry others that were p'sent, haveing ez- pressed to Hen: Tomlinson the deep sence they had of his evni in the carriage of this matter, as distructive to gouerm* and good order & the peace of the colonyes, Hen : Tomlinson being ill in body, they left it with him to consider off & respitted the matter vntill the morrow for y^ issue of it. On the morrow the deputy gouernC declared to him y' before the court spake to him, they would yet heare what he had to say, but they would not have it vnderstood y' they begged an acknowledgm' of him, for they knew how to doe iustice in the case, but desired him to deale cinserely & vp- rightly in what he spake ; wherevpon he exprest himself as in a writeing subscribed by him doth appeare, v^ is as fol- lowetb, 368 RBCOBDS OP tfHE [I66O Henry Tomlinson declared that when y« businesse concern- ing the forfeitures of wines & liquours was issued by the court here, he was well satisfied, & so was his wife for ought he knew, & then resolued to rest in what was done ; yet after- Wards his wife relateing the case to a man, (not of Connecti- cote colony,) he told her that there might be releife, & advised to bring it about in Oonnecticote court, yet his minde was still to let it fall, but his wife was earnest with him to have the matter called ouer againe, w"^ he being not willing^^to, endeavoured to hide the time of the meeting of the comis- sioners fro her, but she was told by a man w''*' came to their house that comissioners had been sitting a weeke ; vpon y* shee earnestly prest him to prosecute the businesse, whose im- [255] portunity was such y' he could not be quiett, either || at bed or board, but his house was euen a prison to him ; vpon w"''' he went to Oonnecticote & got a warrant fro the secretary & acquainted M"". Allen & Mr. Talcote with it, who were dis- pleased with him, neuerthelesse he proceeded in this action, y euill whereof he hath beene shewed by M"". Davenport & others, for w<=h he sees cause to judg himself as acting in a way distructive to the peace of the colonyes ioyned in combi- nation ; he said that he was convinced that it was a great sin to rise vp against y^ gouernc in such a manner, w'='' is a breach of the 5*'' commandm' ; and whereas the rule enioynes him to live peacably w*'' all men, as much as in him lyeth, he confessed that he had not attended this rule, & professed his sorrow for yeelding to the importunity of his wife ; he further said, he saw the act itself was a great pvbcation of God, & iustly offensive to j^ people of God, a very injurious molestation to & slaunder of y« gou'no"', & grosse affront, a high disturbance to peace & soweing seeds of such contension amongst the colonies as might grow to a quarrell in time, W^ he sees to be a breach of ye Bth & 9th comandm'^, & greatly aggravated, for that he hath alwayes formerly & still doth see cause to justify the courts proceedings in that businesse as legall, & onely that they were by some testimonies misinform- ed ; he desired that God would help him further to see his sinne, & y'it may be a warning both to himself & others for attempting the like, W^ if any should doe, he should judge it his sinne, & as the fruit of his evill example. This writeing being read in the Henry Tomlinson. pi'sence of Henry Tomlinson, was by him subscribed, this 2^ of June, (60,) in ys pi^sence of Jolm Hodsho, Jo Harriman. The Court told Hen: Tomlinson that they looke vpon his 1660] JUBISDICTiON OP NEW HAVEN. 369 fact as tending to oiierthrow o"" gouerment, throwing vp of foundations, as warring against the Kinge of peace, y' hath so long continued peace amongst the colonyes ; hee was wisht to consider that its one of those things that God hates, to sowe discord among brethren, but to sowe discord among brother colonies, (as we may say,) is a high provocation of God, as being a soweing discord amongst thousands of brethren, and that he should be the first, as a ringleader in such a way as tendeth to y° violation of our peace, (as much as in him lyeth,) it concern'd him sadly to lay it to heart. After W^" y® deputy gouernour, in the name of the court, by way of sentence declared, that they had considered the case as it hath beene rep'sented, they had alsoe considered the acknowledgm* he had made & y^ penitenciall frame he seemes to be in, & although they might thtake of a higher censure then they shall now declare, yet they desired to shew themselues mer- cifuU, meeting repenting men, and therefore do declare, that [256] what acknowledgm* he hath || made, shall be drawne vp in writeing & subscribed by him, and that they lay vpon him a fine of 100'', for which he is to give his bond, w'''' 100''^ the court will call for w° they see cause, and that he pay the charges to the marshall day of tlie third moneth, he delivered vp into the hands of the Hon this writeing, may be kept among the records for y^ schoole & coUedge. The Court being deeply sensible of the small pgresse or pfiiciency in learning that hath yet beene accomplished, in the way of more pticuler towne schooles, of later yeares in this colony, and of the great difficulty & charge to make pay &c, for the maintaining children at y« schooles or col- ledg in the Bay, and y' notwithstanding what this court did order last yeare or formerly, nothing hath yet beene done to attaine the ends desired, vpon which considerations & other like, this court for further encouragem' of this worke doth now order, that ouer & aboue y« 40'' p annum, granted y last yeare for the end then declared, y' 100'' stocke shall bee duely paid in from the jurisdiction treasury, according to the manner & times agreed & expressed in the court records, giveing & granting that speciall respect to o"^ brethren at Newhaven, to be first in imbraceing or refuseing the courts encouragem* or prouision for a schoole, whether to be settled at Newhaven towne or not ; but if they shall refuse, Milford is to have j" next choyce, then Guilford, & so in order euery other towne one the maine within the jurisdiction have their liberty to accept or refuse the courts tender, yet it is most 1660] JUBISDICTION OP NEW HAVEN. 376 desired of all that Newhaven would accept the businesse, as be- ing a place most pbale to advantage the well carrying on of the schoole, for ye ends sought after & endeavoured after thereby; but the coUedg (after spoken of) is afi&xed to Newhaven, (if the Lord shall succeed that vndertakeing.) It is further agreed that all & euery plantation who have any minde to accept the propositions about the schoole, shall p^pare & send in their answere vnto the comittee chosen (of all y^ magis- trates & settled elders of this jurisdiction, to order, regulate & dispose, all matters concerning the schoole, as the pro- uideinginstrum*^ & well carrying 6 of y« businesse, fro time to time as they shall judg best,) before the 24''' of June [261] instant, that so if any plantation doe accept, || the comittee may put forth their endeavours to settle y« businesse ; but if all refuse, then it must be suspended vntil another meeting of this general court. And for further encouragement of learning, & the good of posterity in that way, M^. John Davenport, pastor of y« church of Christ at Newhaven, p^sented a writeing, (as be- fore appeares,) whereby & wherewith he deliu'ed vp all his power & interest, as a trustee by M"^. Hopkins, for recouering & bestoweing of aU that legacy given by him, for the end of furtherance to the settlem' of a colledg at Newhaven ; he also propounded therewith, what he appi^hends hath beene granted & sett apart by the towne of Newhaven for the same end, w"> a request that matters thereabout might be ordered & carryed on according to such ppositions as are therein sett downe. All w^ the generall court tooke thankfully, both fro the doners & M"". Davenport, and accepted the tnxst, and shall endeavour by Gods help to get in the said estate & im- proue it to the end it was given for. By way of further answere to what was propounded by Mr. Davenport in his writeing pi'sented, the court declared that it was their desire that the colony schoole may begin at the time propounded, & to that end desire that endeavours may be put forth by y^ comittee of magistrates & settled elders formerly appointed for the pvideing a schoolemaster, &c., to who also they leave it to appoint a steward or receiver, w'^'' steward or 8?6 RECOEDS OS" THE [1660 receiver they impower as is propounded, and to settle a coffiit- tee fro among themselues to issue imergent cases, & to take order that a chest be prouided wherein y« writeings may be laid vp that concerne this businesse. The court further declared that they doe invest M"^. Davenport with y« power of a negative vote, for the reason & in y^ cases according to the tearmes in his writeing specified, and that they shall be ready to confirme such orders as shalbe presented w"'' in the judg- ment of the court shall be conducible to the maine end intended. It is ordered for encouragment of such as shall dilligently & constantly, (to the satisfaction of the civell authority in each plantation,) apply themselues to due vse of means for the attainem' of learning, yr"^ may fitt them for publick service, that they shall bee freed fro paym' of rates with respect to their psons ; pvided, y' if any such shall leave off or not con- stantly attend those studies, they shall then be liable to pay rates in all respects as other men are. It is ordered that if the colonic schoole shall begin any time within the first half yeare fro this court of ellectio, y* 401* shall be paid by the treasurer for this yeare, & if it shaU begin at any time before the election next, that 20'' shall be paid by y^ treasurer vpo that account. [262] II To the printed law, concerning the education of chil- dren, it is now added, that the sonnes of all the inhabitants within this jurisdiction, shall (vnder y« same penalty) be learned to write a ledgible hand, so soone as they are capable of it. The constables of Stamford were desired to vse their endeavours to arrest the pson of Eich: Crabb of Greenwich, & to take security to the valine of ^'', for his appearance before the court to be held at Stamford, to give answere for such delinquencies as shall be charged vpon him. It is ordered that a rate of 2001' shall be leuied vpon the seuerall plantations & y^ proprietors at Paugaset, according their pportions, the one half to be paid by the middle of Octo- ber next, the other half by the middle of March following ; in 1660] JUEISDICTION OF NEW HAVEN. 377 such pay & at such prises as was ordered 27 May, 57, w"^ is thus proportioned, Newhaven, 71 12 02 Milford, 43 01 02 Guilfordj 26 01 "08 Stamford, 26 03 02 Southold, 17 01 06 Brandford, 14 11 08 Paugasett, 01 08 08 200 00 00 At a meeting? op the Comittbb foe the Schoole, 28th June, 1660. There was p^sent, the Gouemc, ye Deputy Gouerno"^, M^ Treat, M^. Davenport, M'. Street. It was agreed that M'. Pecke, now at Guilford, should be schoolemaster, & that it should begin in October next, when his half yeare expires there ; he is to keepe y« schoole, to teach the schoUers Lattine, Greek and Hebrew, & fitt them for the coUedge ; & for the salary, he knowes the alowance fro the colony is 40'' a yeare ; and for further treaties they must leave it to Newhaven, where the schoole is ; and for farther orders concerning the schoole & well carrying it on, the elders will consider of some against the court of magistrates in October next, when things as there is cause may be further considered. M'. Crane & M''. Peirson came after the businesse was con- cluded, & what is aboue written was read to them & they fully approued of it, & after that, being read to M^ Gilbert, he approued of it also. [263] At a CoUet op Magisteates, held at Newhaven OcTOB"- 17, 1660. There was pi'sent y« Deputy Gou'no% M'. Gilbert, M^. Crane, M'. Treate. The businesses referred to this court in May last, concern 48 378 REC0ED8 OF THE [1660 inge Sam: Plumb, Francis Browne & Edward House, being called Tpon, the deputy gouerno' declared, that the gouernour (who was now sick) hath received ^ letter fro M^ Rawson of Boston, concerning this businesse, who therein fro a letter fro England, complaines of much wronge done to Edw: House not being taught the trade of a brickmaker, to w'='' John Strange of Boston, his first master, stood engaged to doe, and by being held in service 8 monethes byond the time sett by his inden- ture, a coppy whereof sent by M"^. Eawson, (but not attested,) was p'sented & read. Concerning the eight monethes service, (w^'' was mentioned by M^. Rawson,) but found to be but fro Aprill to October, & so but 6 moneths, Sam: Plumb appealed to the records in October (59,) & thence he pleaded that in liew of that 6 moneths service, hee was enioyned to transport him to Boston, w'''' he would have done but Edward House was not willing to goe ; he further pleaded that his service was worth but little, for vpon his desire he being lett bloud, his sore festered, w"^ disabled him for service a moneth or six weeks, besides a fortnights sicknesse in harvest. They were asked what endeavours they had vsed to learne him the trade, but they could not make ought appeare that they had done that way, who both affirmed that they knew not that he was to learne the trade. Sam. Plumb said that he was not fitt for the trade when he came to him, for he could not bend his knee by reason of the scurvy, -w^ (as he vnderstands) he tooke a shipp board by eateing brewis, his m' being cooke. Francis Browne said that he was so diseased while he was with him that hee cost him neare 5''. This part of the businesse, as it referred to Edward House, haveing beene heard, y« action of Samuel Plumb against Francis Browne came to be considered, & he declared -that the said Francis Browne had sould to him y« remander of service fro Edward House by indenture to one Jeffs, w^ was 9 yeares fro the first of May, 1653 ; w<^^ indenture the court judged invalid in October last, & therevpon Edw. House was sett free fro his service, for w=i» remander of time he demanded of Francis Browne 20''. Francis Browne acknowledged the aforesaid agreem* with 1660] JURISDICTION OP NEW HAVEN, 3T9 Samuell Plumb, W^ he sd he then judged he might doe by virtue of the indenture to Jeffs, w'' it seems the court approued not but layd aside as invalid; he submitted the case betwixt Sam. Plumb & himself, to the judgm* of the court, but withall declared that he had received much wrong fro him of who he bought Edward House off, fro wh5 he must seeke his right as he may ; he desired the court to consider whether the demands of Sam. Plumb be not far aboue what there is ground for. [264] II After the plaint' & defendant had exprest what they had to, say in the case, the court declared, that they looke vpon Francis Browne as haveing acted imprudently in this matter, (but fraudulently they see not,) they also looke vpon the boy Edward House as vnder infirmity of body, and doe therefore order, that Francis Browne doe pay (for the time of service from Edward House, sould to him, beyond what doth appeare to be his right to sell,) 10^' in current pay, v^Hn one yeare, w*'' the charges of the court 10^. For the discharging of the said 10'', 10% Francis Browne now engaged to Samuel Plum 8" in wheat & pease, due from Samuel Steele at spring next, to be paid at Hartford, & to pay 50s« in wampom within three moneths, for y« performance whereof the security taken already at Stamford to remaine vntiU this be done. Francis Browne did also engage to the court to referr the question concerning the trade of brickmaker to indifferrent men to judg of when the court shall require him so to doe, vnless M"". Eawson shall see cause to let that claime fall, fro what shal be suggested to him concerning the case, M'. Wakeman & M^ Auger in behalf of the creditors to the estate of M'. Stephen Goodyeare deceased, appeared to prose- cute an attachmt vpon the estate of M^ James Mills, to the valine of lO''. M'. Mills being thrice called, anwered no^ wherevpon the court ordered the attachm* to remaine vntill further order, & that iust damages & charges shall be allowed by the defendt when y« case is tryed. Joseph Meade, attorney for Abraham Frost, appeared to 380 BECOEDS OP THE [1660 prosecutein an action of slaunder against Rich. Crabb, who being called, answered not. Ensigne Bryan had liberty fro the court to remoue the 300 bush: of salt depositted by Captaine John Penny, to some other warehouse where it may be safely kept & pi'served, y« wasting of the salt & warehouse roome remains to be considered. Captaine Nathaniel Siluester being bound ouer to this court, & certaine goods of his attached for his appearance, being called, answered not, w^^ attachm* is to remaine and he enioyned to make his appearance at the court of magistrates the second day of the weeke next before y« election in May next, to answere such complaints as are specified in the order of ye gen: court concerning him in May last, w^^ what els shall be charged against him. [265] II John Archers of Stamford, plainteife in an action of the case concerning a horse, against Francis Browne of Stamford, defendt, declared, That he had a horse, about the moneth of February, 1669, ^oh Francis'Browne had a minde to, after some treaties betixt them, they came to an agreem' that Francis Brown should have his horse, (w'^'i he deliu'ed to him,) for which horse he was to have his choyce of Francis Browns horsefe or 13'> in pease & wheate, but he feareing that corne would fall short, he released the corne & desired of the defendt a horse, according to agreem', but instead of a choyce out of all his horses, the defendt p^sented a horse, of 2 yeares old, w^i^ if he Uked not he must stay till his other horses came vp, w'^'' he was not willing to doe, > of February, 1669. Given in vpon oath before mee, Peter Disbrow. Rich. Law, Octob 15'^, 1660. The testimony of Richard Ambler, vpon oath he saith that Francis Browne did say that John Archer was to have the choyce of all his horses, & y' was the bargaine, & this Francis Browne owned in my pi^sehce. Rich: Law. I, Stephen Clawson, can testify if occaision, that I was in pi^sence when John Archerd & Francis Browne discoursed about the horse, & Francis Browne told John Archer that [266] II hee should have the choyce of all their horses, that was his bargaine, wherevnto I set my hand, Stephen Clawson. The defendant granted that he had a horse of y« plaint', (yfch iiis fancy led him to,) w'='' horse fell sick and he thought would have died, W^ he rideing to Norwalk tired that he was forced to dragg five miles, w"'' he kept all winter vpon charge, w"'' he in May following proffered to the plaint' againe but he refused to accept him, vpon w'^'' he endeavoured to gett vp his horses,, that John Archer - might have his choyce, but the tearmes of agreem' was, that he was to have his choyce of a horse when they came vp, for the proofe of w<=h agreem', ye defendt pi'sented the testimony of Joseph Meade, Martha Brown & Tho. Browne, as foUoweth, Joseph Meade, aged about 30 yeares, vpon oath hee saith, that John Archer told him that he had put his horse away to Francis Browne & he was to have one of the best of his horses when they came vp. Stamford, October 15, 1660. Richard Law. 382 RECOEDa OF THE [1660 I, Martha Browne, doe hereby testify the bargaine W'' my husband made with John Archer about a horse was this, my husband was to have a horse of John Archer & John Archer was to have the choyce of my husbands horses when they came vp. This was given in before mee, Richard Law. Tho: Browne, aged about 22, vpon oath he saith, y* John Archer told him that he had changed away his horse to Fran- cis Browne, & was to have y« choyce of his horses when they came vp. Stamford, October 16, 1660. Rich: Law. • The defendt professed that he had vsed all possible meanes for the findeing of his horses, by himself & others, pticulerly Jonathan Lockwood & Joseph Mead, y^ latter now affirmed that he hath (at the desire of Francis Browne) spent mony to get vp horses to sute John Archer, but could not finde them ; the defendt further said that he tendered the plaint' a ambling horse w°'' he road vpon, w'^'' was not accepted, & had also ten- dered a black horse & 40^ in corne, & to take the horse againe if Archer had not disposed of him before he found his other, & then he should have his choyce, for the proof whereof ye testi- mony of Rich. Law was pi'Sented & read as foUoweth, Theise may certify the worr" court, that in my pi'sence Francis Browne did proffer John Archer in leiw of his horse he had of John Archer, a black horse he had in hand, w'='' by [267] estimation full as good as that horse y' Fran. Brown || had of John Archer, & 40 shillings to be paid in corne, also Francis Browne proffered Jo Archer if he could not make his markett of that black horse before hee could get vp other horses, John Archer should have his choyce of other horses & he would take ye black horse againe, if Archer would deliver him in good state as he was then in. The plainteife granted that a horse was tendered^ but such (he said) as was not worth 7'' for his market, but Joseph Mead now in court said that the horse was a substanciall, well growne horse. The plaint further said that the defendt not p'senting him with a horse to his content, the came to treat about corne, & he proffered to accept of 12ii wheat & pease in March next, but the defendt not consenting therevnto, but to pay 4'' of the 12 1660] JITEISBICTION OP NEW HAtEN. 383 in Indian corne, that treaty about come fell, so that now he expects a horse, according to agreem*. The defendt pleaded that he had vsed all meanes for a quiet & peaceable end, & had made all manner of tender & to referr the case to the judgm' of indififerent men, for proof of the last cause, the testimony of Robert Poynere & Cornelius Jones was p'sented, & is as foUoweth, Robert Poynere saith, that Francis Browne did offer John Archer to put the case of difference, about a horse chang, to any indifferent men to judge what was right betweene them, & he would stand to their judgm', but John Archer refused. Robert Poynere. Cornelius Jones witnesseth the same. This was in my p'^sence. Rich: Law. The Court told the plaint' that if the defendant could not get vp all his horses, why should not a composition be attend- ed, such as he hath tendered, tIz, the black horse & 40= in corne, w"^'' horse, by one witnesse, is sd to be a substanciall well growne hOrse, & by another, that by estimation he was full as good as that w""" Francis Browne had of him. The Deputy , Gouerno"' in the name of the court further declared (though they saw not cause to condemne Francis Browne for charges or damages in the action, for that the time for paym' seemes not to be expired,) yet in reiference that due paymt may be made, did order, that the said Francis doe Tse all reasonable & honest endeavours to get vp so many of his horses as may be had witMn foure moneths space, and p^sent them to John Archer, that he may chuse out one to his best content, but if they being gradually got vp & p^sented, & the said Archer do refuse to accept any at the time when p'sented, W'^ afterwards he shall returne to accept, that horse being [268] turned out, he shall be gotten vp at || Archers charge, only he is to be prised by indifferent men, & Browne is to make him worth 12'' in wheat & pease at price currant, & to be sure to have one horse alwayes in hand vntill the time of 4 moneths be fully expired. By reason of the afflicting hand of God 6 Newhaven by much sicknes, the court could not pich vpon a day for pub- licke thankgiveing through the colony for the mercyes of the 884 RECORDS Of THE [1660 yeare past, & did therefore leave it to the elders to the church at Newhaven, as God may be pleased to remoue his hand fro the gouernor* & others, to give notice to the rest of the plan- tation what day they judg fitt for that duty, that we may give thanks & reioyce before the Lord together. At a Court op Magistrates held at Newhaten Deoem : llt^ (60.) Present, the Deputy Gou'no', M^ Gilbert, Mr. Crane, M--. Treat. There being somtime in the moneth of ^ last, a house burnt downe to the ground at Milford, Jacobus Loper, aged about twelve yeares, servant to Hauns Albers, suspected^ of that fact, being examined by y« magistrate denyed yt he was ' guilty of it ; a few dayes after, the house wherein his m"^ dwelt being on fire, Jacobus being (by Tho: Wheeler y owner of the said house) questioned for fireing y' house, confessed that he did it & declared the manner how, vpon w"'' confession he was againe questioned concerning y« former house, who at first againe denyed it, but afterwards confessed, & said that some seamen came to the doore when his master was in bedd, & promised to give him (if he would fire the house) a pistoll, powther & ribbins ; another time he said y* he carryed out a cole to the railes & the seamen tooke it & ioyned with him in fireing the house ; but at the last he wholly freed the seam^en & confessed that he himself did it, describeing the manner how, viz, by fireing a clabbord 6 the outside, and giveing the reasons why, viz, 1, because he thought it might fire his mas- ters house alsoe, & thereby he should be freed fro service & goe home to Ms mother, 2'y, because Jo Baldwin who liued in that house had made complaint to his m"" y* hee had stoUen his plumbs, for wh he was beaten ; after w^ he was sent to the prison at Newhaven, who being called before y« court was told, that he was accused of a notorious crime by him comitted at Milford, that being a servant (to a Duchman there) he tooke his time to sett fire on a house, to the consumeing of ye house & y' w'''' was in it ; he was asked if it was so, to ♦Governor Newman died on the eighteenth of November, 1660. 1660] JURISDICTION OF NEW HAVEN. 885 ■which hee answered no ; he was told that he had confessed it, only he varyes in the manner ; he was asked if he had not confessed that hee did it by the instigation of some seamen, to w"^ he now said yea ; he was bid to declare what moued him to it, & how it began first to worke in his thoughts, to w^'^ he answered, that as he was goeing by in the day, he heard that John Baldwin would not be there at night, & in [269] y« night as he was passing by, heareing || a noyse in the house, he went in, where findeing some seamen, he asked them what they did there, they said if he would sweare not to tell, (w^ii he did,) he should kuowe, then they said if he would sett fire 6 one end of the house, they would sett fire 6 the other, & he did so. He was asked what was the reason that he did this wicked fact, he answered, because John Bald- win had complained to his master that he had stoUen his plumbs, for w^'' he was beaten ; he was asked whither he was going so late, to W^^ he answered his master being in bedd with a stranger, hee being to lye by the fire, he went towards Mr. Fenns to play ; he was asked where he had the fire, hee answered on a corner of the hearth -of the house y' was burnt ; hee was asked whether any were appointed to play with him, to w^ he said no, nor did he know that any body was in the house Tntill hee heard the noise as he was goeing by. It was demanded how many seamen there were, he said he thought there were six, but he knew non of them. M^. Treat required his reason, why he layes it vpon the seamen now, haveing formerly said that he did it himself, & where- fore he did not accuse them at the first, to v^ he said that he was affraid the seamen would kill him. It was demanded of him, why he is found in these seuerall storyes ; he was asked w"'' was the trueth, to w^^ he said the trueth was y' w'='> he had now related ; he was told that he had said that y^ seamen gave him ribbins &c, that he should not discover it ; he was asked what became of the ribbins ; to w':'' he answered that he gave them away, but M'. Treat told him that hee had said that those ribbins were given him by his mother, & John Baldwin testified that he had them long before, but he still said that the seamen gave them to him ; M^ Treate told him that he 49 386 RECORDS OP THE [1660 had said that there were but foure seamen, & that they came to the dore when Ms m"^ was in bedd, to wi" he now said that what he had said therein was vntrue. Jacobus was told that fro the first to the last he hath con- fessed that he did it or had a hand in it, and herein (though his storyes be various) one time saying, that when his m'' was in bedd foure seamen came to the dore &c, another time, that he heard the seamen make a noyse in the house as he was goeing by towards M'. Fenns to play &c ; but take it either way, this he alwayes confesses, that he either did it, or had a hand in it, & this is given as the ground, because Jo. Baldwin complained to his master of the matter of plumbs, w"*" com- plaint it is like was true & the correction iust, he haveing nothing to say against his m'' for any ill vsage, as himself had acknowledged ; he was further told that he is reported to be a notorious lyeing boy, a great offence to the English amongst who he lives, & a dishonoi^ to the nation to -w"^ he belongs, and that hee hath ppetrated this act to a great sum w"^ he is not able to answer e. John Baldwin p'sented in 3 papers, an account of goods that were in the house, belonging to seuerall in Milford, (but proued it not,) he desired that their damage might be consid- ered & they righted, the goods amounting to about 78'', to w'='» must be added 8 or 10'' belonging to M.^^. Tapp. Goodman Clarke, the owner of the house y' was burnt, informed that his hotise he esteemed worth 30'', but declared he did not [270] now demand it, & that he || also lost a peice of serge about 3". Jacobus was asked if he saw these goods in the house, or saw them conveyed away by the seamen, he said no, the sea- men went ouer the lots behinde his m^ house, but they car- ryed away no goods that he saw, nor did he heare fro them for what reason they would fire the house, nor did he know what became of the goods nor of any complotm' about them. After w:!', the court by way of sentence declared, first, as there is a criminall offence by Jacobus Loper comitted, in burning one house &c to the ground, with a after attempt to burne his masters house, vnto w^ many lyes he hath added, for these miscarriages, vpon the considerations aforesaid, it 1661] JUBISDICTION OP NEW HAVEN. 387 was ordered that he be corporally punished by whipping; secondly, as he by this fact hath brought damage vpon othersj w"^, besides the house, is to the vallew of about 100'', as the court was informed, (& but informed,) the proofe whereof they leave to the judgm* of the court at Milford, it is ordered that he pay double, according to the law in that case, or to the satisfaction of such as shall proue their damag by the iire, 'W^ satisfactio aforesd, if it be not made by himself or others o his behalf, he is to be sould for a servant ; thirdly, that the jurisdiction for time to come may be secured, it was ordered, that> whosoeuer shall entertaine & keep the said Jacobus ' Loper, shall be bound to secure the jurisdiction and the seu- erall inhabitants thereof fro future damage by such like mis- cheivous attempts of liis, and he to remaine in the marshalls custody vntill this sentence be fullfiUed. At the desire of M"". Goodenhouse, for reasons by him shewed, the court granted him an attachm* against the estate of Mf. John Bvance in Newhaven, to answere y^ issue of an account concerning the shipp Susan, depending in England. The Court being informed that the salt depositted w'^ the court by Captaine Penny, was in a decaying condition, for p'uention of further damage they did dispose of it to Ensigne Bryan & M"'. Jo Hudson, at 3^ a booshell, in country pay, or so much salt againe when it shall be demanded, the pformance whereof they engaged, as by a writeing dated the ll'i", 10"» moneth (60,) subscribed by Alexander Bryan, John Hudson. [271] At a meeting of the Gen: Court foe the Juris- diction, Mat 17*i>, 1661. The Deputy Gouernor declared to the court the cause of the meeting, viz, that he had received a copie of a letter from his majesty, w^^ another letter fro the gouerno' of ye Massar chusetts,* for the app-^hending of Colonell Whaley & Colonell *A copy of the kings letter to the Governor of New England; dated March 6th, 1660-1, may be found in 3d Mass. Hist. Coll., Tii, 123, and a copy of Gov. Endicott's letter to the Dep. Gov. of New Haven dated May 7th, 1661|,in Doo. rel. to Col. Hist, of N. Y., iii, 41. 388 EBCOEDS OF THE [1661 Goff, w<=i> letters he shewed to the court & acquainted them y' forthwith vpon the receit of them, granted his letter to the magistrate of Newhaven, by advice & concurrence of the deputyes there, to make pi'sent & dilligent serch throughout their towne for the said psons accordingly, w"'' letter the messengers carried, but found not the magistrate at home, & that he himself followed after the messengers & came into Newhaven soone after them, the 13*^ of May 1661, bringing w"' him My. Crane, magistrate at Brandford ; who when they were come, sent pi'sently for the magistrates of Newhaven & ■ Milford, & j^ deputies of Newhaven court ; -the magistrates thus sent for not being yet come, they advised with the depu- ties about the matter, and after a short debate w'h the dep- utyes, was writeing a warrant for serch for the aforesd Colonells, but the magistrates before spoken of being come, vpon further consideration, (y® case being weighty,) it was resolued to call the gem court, for the effectual! carrying 6 of the worke. The deputy gouernc further informed the court that himself & the magistrates told y" messengers that they were farr fro hindering the search, & they were sorry that it so fell out, & were resolved to psue the matter as that - an answere should be pi^pared against their returne fro the Dutch. The Court being mett, when they heard the matter declared, & had heard his majestyes letter & the letter from the gou- ernof of the Massachusetts, they all declared they did not know that they were in the colony, or had been for divers weekes past, & botli magistrates & deputies wished a serch had beene sooner made, & did now order that the magistrates take care & send forth warrant, that a speedy, dilligent serch be made throughout y" jurisdicon, in psuance of his mat'e^ comand, according to y« letters received, & y' fro y^ seuerall plantations a returne be made, y' it may be recorded.* Order to search for Whalley and Ooffe. May 17, 1661. For the Marshall or Deputies at Milford. You are to make diligent search, by the first, throughout the whole towne of Mill- foord and the precincts thereof, taking with you two or three sufBoient persons, and calling in any other helpe you shall see need of, who are hereby required to attend for your assistance upon caU; and this to be in all dwelling houses, barnes or other 1661] JURISDICTION OF NEW HAVEN. 389 And whereas there have been rumo" of their late being here at Newhaven, it hath been enquired into & seuerall psons examined, but could finde no trueth in those reports, & for anything yet doth appeare, are but vniust suspitions & ground- les reports against y^ place, to raise ill surmises & reproaches. [272] At a Court of Magistrates held at Nbwhaven the 27"" Mat, 1661. Deacon George. Clarke of Milford, plaint, John Baldwin of the same, defendt. The plaint entred a action of the case against y^ defendt, for a house & goods, (to the vallew of 33' i,) burnt at Milford, but after some short debate, the plaint not finding himself at p'sent pfpared to prosecute his action, desired that it might be respitted vntill a time of heareing (this court) might be afforded, onely he desired that the testimony of Hans Aluers might be taken in y^ case, who testified that there was a hole in y° clabboards about the vpper floore at w^^ a man might goe in, through w^h (fro his house) he could see both y^ clothes & f men at worke, w^^ ye defendt granted might be so. buildings whatsoever, and vessels in the harbour, for the finding and apprehending of ColoneU Whalley and Colonell Goffe, who stand charged with crimes, as by his Majesties letter appears; and being found, you are to bring them to the Depntie Governor, or some other Magistrate, to be sent over for England, according to his Majesties order. Hereof faile not at peril. By order of the General Court, Jasper Crane, as attest, Matthew Gilberte, WilliamLeete, Deputie Govemour. Robert Treatt. In the Marshalls absence, I doe appoint and impower you, Thomas Sanford, Nicho- las Campe, and James Tapping to the above named powers, according to the tenour of the warrant ; and to make a retume thereof under your hands to me by the first. Robert Treatt. Wee, the said persons, appointed to serve and search by virtue of this our warrant, doe hereby declare and testifie that to our best light we have the 20th of May, 1661, made diligent search according to the tenour of this warrant, as -(vitness our hands. Thomaa Sanford, \ Nicholas Campe, ( „ , James Tapping, ^Searchers. Lawrence Ward, his I mark. ) 3d Mass. Hist. CoU. vii, 124. The Judges remained concealed in the cave at the West Rook, from May 15, to June 11. 390 RECOBDS OP THE [1661 Saijeant Willm Fowler, attorney for M''. John Davenport junior, of Newhaven, entred an action of the case against M'^ Joanna Prudden of Milford, concerning a horse taken vp moneth, 1660. ' .Mathew Gilbert. Ralph Lynes & John Burwell being vnder oath in court at Milford, (where the case was heard, (but not issued,) the T"* of March, 1661,) did there testify, (as by a copy of their record now p'sented did appeare,) concerning a horse of M"". Daven- ports w"!^ is supposed to be this, that they knew him at a yeare old, & that then he was a bright bay w"' a small star, & to their best appfhension it is six yeares since, & whiBn he did come out againe, then he was branded with M"". Davenports brand. Samuell Burwell, aged about 20 yeares, witnesseth that when this horse that is now in controuersy at M". Pruddens, was first brought vp out of the woods, winter was twelue moneth, into M'; Whitmans yard, & then John Warlock & hee was there together, & the sd Warlock then said he did not app'hend this was M"". Pruddens horse, for he did not know that she wanted any such horse, further hee then said that she [273] wanted a bay gelding, but this || was not like that, for he made account that y^ gelding was not so light a couler as this, & that it was bigger then this, but he said that they might doe well to ketch him & search him whether he was a gelding or no, but he did not appi^hend that horse to be My^. Pruddens gelding. The abouesd Samuell Burwell hath made oath vnto the aboue named testimony, before mee, Robert Treat, at Milford, March ISt's ifff . The defendant declared that he looked for proof that y" horse was M^. Davenports, w"='i yet he saw not, for as for Edmund Toolyes, it was but a single testimony, and for John 1661] JURISDICTION OP NEW HAVEN. 391 Btirwell, he hath said at M". Pruddens that he thought y^ horse was hers ; the defendt p'sented the testimony of John Warlock, but not vpon oath, who saith in a writeing directed to M". Joanna Prudden, as foUoweth, Louing Mrs, there was a mistake in my last to you, I not so fully vnderstanding your writeing to mee, my testimony is as foUoweth, that you had a bright bay stone horse with a small starr in his forehead & one white foote behinde & a black list ypon his backe, w"> P P. Tpon his neare shoulder & M: for Milford ; there vsuall walk of feeding was about the sea side, & this is the trueth of what I doe remember, witness my hand. This is the writeing & I W marke of John Warlocke, Attested by mee, Robert Chapma, Decemb 7^^, 1660. This writeing being read, the plaint called for a former tes- timony of John Warlocks w<=h he app'hended contradictory vnto this, but the defendt answered he neuer saw it, but if they would make Tse of trueth, its here pi'sented. These words taken out of M^ Pruddens booke. A gray mare colt, foled in 54, of the markes of his sorrild mare, a sorrild horse colt of the same yeare & marke of my sorrill mare, these two lie towards the Indian side. Vpon w"'' the plaint pleaded that theres mention made of a sorrHld colt, but the horse in questio is a bay, therefore cannot be the same, & besides that w^ M.'^. Prudden wants is a geld- ing, but this is a horse, wherevpo the defendt pi'sented the testimony of Tho. Betts, as foUoweth, When I had been at Newhaven, to let M^ Davenport see the horse W=^ is in difference- betweene M^. Davenport & M". Prudden, Sarjeant Fowler came to M". Pruddens & looked vpo the horse & y« brandmarke, & sd that the marke could not be I:D:, but it might possibly be P:P:, & by the horse starting forward when y^ brand was setting 6, might turne it off one side. This testified by mee, Tho: Betts. Benjamine Jones, aged about 20 yeares, witnesseth that as John Warlock was comeing fro the Indian side, he said at o"' house that he thought he see his M^^. gelding, and so shee told [274] Esburne Wakema of him, & he went & fetched || him home, & he said seuerall times it was his m" gelding, a Ijrave bay gelding, & at another time when y« said Esburne was a S92 RECORDS OF THE [1661 leading him to the water, I asked him what horse y' was, & he sd it was his m'^. gelding. The aboue written Benj Jones hath made oath vnto the abouesd testimony, before mee, Eobert Treat, in Mil- ford, March 18*^ 1660: 1661. The Court haveing viewed the horse, heard & considered the OTidence on either side, with y<= pleadings both of pi & defendt, by way of sentence declared that by all that hath beene said it doth not clearely appeare to who the horse doth belong, but they doe judg that y<= most probable proof is 6 the plaint side, and doe therefore order that the horse be deliyrd to My. Davenport as haveing the most probable right, liberty being left to y^ defendt of a reueiw at the court of magistrates in October next if he see cause to prosecute ; y<= defendt to pay ye charges of y^ court in this cause. Leiftenn* Charles Grlouer of Southold, plaint', against M"^. James Mills & Leiftenn' John Budd defendants, entred an action of the case for breach of an agreem' vpon y« forfeiture of a bond of 200''. M"^. MiUs being thrice called, answered not, but Leiftenn' John Budd appeared to answers the sute, wherevpo the plaint declared, That he haveing done a peice of worke for M^ Mills, there grew a difference vpon accounts & otherwise betwixt them, wherevpon they both voluntarily, and mutually, agreed to referr it to indifferent men for issue, &, entred into a bond of 200'' to stand to their award, w"'' by a writeing, dated the 26"' October, 1660, did so appeare; another writeing was by him pi^sented, dated 29"' October, 1660, whereby it appeared y' M"^. W"" Wells & Captaine John Youngs of Southold were by ioynt consent chosen arbitrators, for ending all differences betwixt them according to their former engagem', as soone as possibly the said James Mills could returne fro Newhaven ; accordingly about three dayes after his returne, they got the arbitrators together, which was o the S'^ of December, & they foure being mett, M^. Mills asked him y* they might issue accounts betwixt themselues & not trouble their freinds, to W'='' he said himself was not opposit, wherevpon W. "Wells 1661] JURISDICTION OF NEW HAVEN. 393 wished them to make triall & go as far as they could, & then they should have the less to doe ; the plant' further said that [276] M"^. II Mills then promised to come downe o the morrow morning w'^ his bookes, but came not, but about eleaven a clock hee came hurrying & desired him to goe with him, w"'' 'he did, where they run ouer their abruptly, but could not issue, & so it rested till the 14"i of December, at w=^ time they assayed againe, but could doe nothing, & that M"". Mills said the men w':'' t|iey had chosen should not end it, but it should goe to ]Srewhli,ven, by which he conceiv'd it appeared that M''. Mills had forfeited the 200", haveing broken his engagemt, concering -flfhich hee craved the iustice of the court. But for the cleareirig of M"". Mills fro breach of y^ agreement & forfeiture of the bond of 200'>, the defendt p'sented in write- ing as foUoweth, Northampton, this 13'b of May, 1661. The deposition of Thomas More, sen. This deponent saith, whereas there was a ditference betweene M"^. Mills & Charles Glouer, in makeing vp their accounts & the bignesse of the shipp more then the first agreem', they both agreed to put their diflferences to men to be ended, but vpon further consid- eration, M"". MiUs & Charles Glouer with y^ consent of their arbitrators', agreed to make vp their accounts between them- selues without any arbitrators, if possibly they could, & the nest day they were together makeing vp their accounts, & went as far in their accounts as that time would pmitt, for the shipp being aground o the barr, the tide was to get her off, & then M^ MiUs told Charles Glouer he would carry his booke aboard, and there they would make a end, & so they did both of them carry their books aboard, and this deponent being aboard tlie shipp, at evening M''. Mills asked Charles Glouer if they should go see if they could make a end of their accounts. Charles Glouer told him he could not that night & so Charles Glouer went ashore p'sently; y^ next day &■■. Mills asked Charles Glouer if he would not stay yt they might issue their business of their accounts, Charles told him that he could not stay then, & then Charles went home, w^i" was foure miles fro the shipp, then M^ Mills told Charles that he would come vp at night ; a day or two after this they both did meet where My. Mills lodged, & went to makeing vp their accounts, but before M'. Mills would go any further in his accounts wti" Charles Glouer, M'. Mills asked the carpenter, Charles Glouer, what hee would demand for the two foote depth in 50 394 . BECOBDS OP THE [1661 hold ye shipp was more then the first agreeing Charles -would not tell nor say what he would have a long time, but at last Charles Glouer told Mills what he would have, & then M^. Mills thought his demands were so vnreasonable that he should neuer give him what he demanded; being both of them almost angry, Mr. Mills told the carpenter, Charles Glouer, . that he had paid him more for the shipp already then the agreemt was, and that should be made appeare by his accounts, & there they left off. A day or two ^ this, M^". Mills drew out all his accounts and carryed them to M"^. Wells & M"". [276] Youngs, & told them there were j| the accounts in all the pticulers that he had paid to Charles Glouer, & pfered to take his oath to them, & M"^. Mills prayed them to take them & pvse them with Charles Glouer, & tp see what exceptions they could finde against them, but Mf. "^ells & M'. Youngs refused, & said they would not meddle with them vnless they had power to issue any differences they should finde in y« accounts, not further. l Taken before me^ John Ogden. The depositio of Alice Kawlings, ^seiiig sworne & examined, saith, That o the 7"" of Decembei* last past, being at M^ Mores at Southold, that on that day iji the evening y<= arbitra- tors betwixt M^ James Mills & Charles Glouer mett, & that she heard the said Charles Glouer say seuerall times y' the arbitrators advised them to end it betwixt themselues, and if they could not end all their differences betwixt themselues, Sf if they could not end all their differences betwixt themselues, then if they would bring it to them the sd arbitrators, they would doe it for them, also this deponent saith, that the next day after the arbitrators mett, the sd Charles Glouer & James Mills mett at M^. Moores according as the arbitrators advised, & began w'^ their accounts, and she, the deponent, heard M'. Moore say seuerall times to y^ said Mills, come away & leave off your accounts, for you will loose the tide to heave the shipp ■ off, but ye said James Mills refused to breake off before he had finished y" acc^ with y^ said Charles Glouer, & when they had done, the sd deponent heard him say that there was little or noe difference in y^ accounts, & that he did not mat- ter small matters, five or six pounds should not make a difier- ence betwixt them, onely they had not reckoned some mens wages & other small matters ; also this deponent saith that y^ second day following, Charles Glouer went downe to the shipp to end their difference, but returned & did not, but about 2 or 3 dayes after that they went downe to y« shipp, they returned againe, & James Mills at M'. Moores said to Charles Glouer, shall we end o^ matters now, but he refused & said he must go 1661] JURISDICTION OP NEW HAVEN. 396 home to sleep, James Mills replied to him, (being very vrgent to have him stay & end with him,) & said to him the said Charles Glouer, I caried my booke downe with mee to the shipp to end with you & there you would not, but you would come vp to the towne, & then when I saw you would not stay . there to end, I concluded to bring my book vp to towne with mee againe & I am now come vp purposely to end with you & now you will not, I cannot wait vpon you alwayes, my occa- . sions calls mee ouer to Pequitt, if you will not doe it now, appoint a time when I shall come vp againe & I will, so the sd Charles Glouer appointeli y« next night following, & accord- ingly the said James Mills came, and being together at M'. Moores, the sd James Mills said to the said Charles, you know we have almost ended our accounts, before we proceed any further let mee know what it is you require for the shipp for building the shipp two foot deep in y« hold then y^ agreem*, y^ [277] sd Charles || Glouer did in a very aiigry manner refuse vtterly to tell the sd James Mills what he should give him for the shipp, for, said Glouer, let vs finish o"" accounts first, & after we have ended all o' accounts then I will tell you what you shall give for y^ shipp, & not before; and thus did the sd Charles Glouer continue for the space of about 3 houres, till it was about 12 a clock at night, & by no pswation would be drawne to tell the sd Mills what he should give him for the shipp, the sd Mills replied it is all y^ reason in the world that I should know what I must pay for the shipp before I pay for her, & vnlesse you will tell mee what T must pay for the shipp I will not finish my accounts with you, for you would have mee give you y^ difference in accounts betwixt vs, & then you will make mee pay for y° shipp what you please yourself. Also this deponent saith, shee heard Charles Glouer say at the same time, I confesse saith hee Charles Glouer, when I made the agreem* with you y^ aforesd Mills, I told you I did not cer- tainly know what length the shipp was by the keele, I said I knew not whether shee was 49 foote, or 50, or 51, or 52 foote by y^ keele, but I was certaine she was 49 foote, but said y* sd Charles Glouer, there shee is as shee lies, more or lesse. Also this deponent saith, that the next morning after they had this discourse, that the said James Mills went ouer to Pequett according as he said to Glouer the night before, that his occa- sions was vrgent & he could not wait vpon him, so as he did fro time to time. Also this deponent saith y' about 9 or 10 dayes after, the sd James Mills returned to Southold, & then did bespeake a lanching dinner, at w^* time Charles Glouer & James Mills mett, & Charles Glouer asked him when they should end their differences, for said hee, it is time ; the sd 396 RECOEDS OP THE [1661 James Mills said it was not then a seasonable time, it being about 12 a clock at night; the next morning James Mills went aboard the shipp, & then did Charles Glouer send a warrant after him the said Mills. Also this deponent saith shee heard Charles Glouer say, if the shipp had been M^. Brentons, she might have beene lanched y^ last yeare. Also she saith, she heard the sd Glouer vrge James Mills many times to doe his worst, saying he would faine see the fruits of his threatening him, & further saith not. To all this that is before declared,- Fortune, j" wife of James Mills doth testify to be true vpon oath, also Roger Eawlings, husband to the deponent Alice Rawlings, testifieth the trueth of all this vpon oath. Taken vpon oath this 4"i of March, IIIt) before mee, John Tinker, of New London, Assistant. This deposition being read, the pi replied that therein it is said that 6 the 1^ of December ye arbitrators mett at M"^. Moores, w^^ he now vndertook to disapproue, W^ y^ defendt desired might be noted that he charged falchood on the wit- nesses ; the writeing being viewed, y^ pi was told that y" depo- nent doth not say that they mett at M''. Moores, but being at M^. Moores, &c., concerning w=^ charg y^ pi saw his error. [278] |] The plaint' desired to speake to that passage in y« deposition, viz, the second day following, Charles Glouer went downe to the shipp to end their differences but returned and did not, but about' 2 or 3 dayes after they went downe to the shipp they returned againe, & James Mills at M"^. Moores said to Charles Glouer shall we end o^ matters now, but he refused & sd he must goe home & sleep ; to w"'' he now answered, it is true he went downe 6 the second day, the reason was the shipp being off, M"". Mills desired him to goe & worke, who also then said, it may be we may end o'^ matters aboard, but he went ouer to Shelter Island, who promised to come vp at night, who did come, but very late, & he haveing beene 3 nights aboard, wanting those refreshmt^ y^eh lie might have had on shore, being almost spent, he did say he must goe home & sleep. . The defend' desired it might be noted that the pi had said, that he could not get M'-. Mills to attend a issue, yet now hath sd yt M'. Mills would have had it attended but he must goe home, & sleep. 1661] JURISDICTION OP NEW HAVEN. 397 The plaint p'sented these testimonies following, The testimony of Nathaniel More, aged about or neare 20 yeares, this deponent saith, that vpon a sixt day at night he heard M' . James Mills say, that the men which was the arbi- trators chosen betweene them should not end their differences, but it should goe to Newhaven, & that he did not matter 200" so long as he thought hee should get five by it. Nathaniell Moore. Testified ypon oath before mee, WiH: Wells, Aprill lOf^^^ 1661. Simo Steevens, seama & one of the crew that did belong to M' . Mills his shipp, aged about 28 yeares, saith. This deponent saith that he heard Leiftenn' Charles Glouer ask M'. Mills to have their differences ended according to their refference in that behalf, but he sd M"". Mills refused, saying he was doubt- full Captaine Youngs was p'judiced against him, he being his arbitrator, and moreouer said he would have it ended at New- haven ; the sd Charles Glouer said y* was a put off, & then earnestly desired M"^. Mills & hee might come to a faire end, according to their first agreem', but M'. Mills sd he mattered not 200'' as long as he could get 500'' by it ; this discourse was o a Friday in y^ evening at M'. Moores house. Simo Steevens. Taken the 2d of March, 1660, before mee, Will: Wells. For the cleareing of the case, M"". Wells in court declared that there was a evening when the plaint & defendt & y^ arbi- trators mett at M''. Youngs house, with intent to endeavo'" y« ending of the differences between them, w'^'' were of two sorts, 1. in matter of accounts, 2, about the enlargment of the shipp, at w<='' time M"^. Mills said that for the accounts,, he thought they might end themselues, wherevpon M^ Youngs & himself bid them doe what they could, & what they could not doe therein, they would affoard their help, & that then it was [279] agreed there should be a prosecution for issue, || which was to be the next morning, & no after that he knowes of, but the whole businesse was neuer taken out of y« arbitrators hand, but the matter of accounts onely, as hath iDeene said ; to the same purpose now spake Captaine Yongue, who w">all added, that that pt concerning the enlargm' of the shipp it was neuer like to be issued by themselues ; concerning the testi- mony of Tho. Moore senior, M^. Wells declared there was a 398 EECORDS OP THE [1661 mistake, it was true that M"-. Mills brought his book and accounts to him, but he would not meddle with it being alone, Capt' Youngs said he knew nothing of it, & both said that he neuer came w"* his booke & accounts to them together. The testimony of Edward Oogner was p^sented. This deponent saith that vpon a sixt day of the weeke at night, he heard this discourse betwixt James Mills & Charles Glouer, namely that Charles Glouer had been foure or five times to account with M^. Mills, & at this time had his book vnder his arme & desired him to come to account, yet he did not, but put oflf the said Charles, so as nothing was done about ye same in my p-'sence. Edward Cogner. Taken vpon oath y« 10'i» of Aprill, 1661, before mee. Win Wells. The defendt pleaded that by the bond M^ Mills was engaged to attend a sudden & speedy issue after his reture fro New- haven, w<='' engagem* he saw not but he had attended to as well as the plaint', if the testimonyes 6 his part be consid'ed, and therefore the plaint did vniustly molest him by arest & imprisonm'; but the plaint' replied, that the defendt had refused to stand to the arbitratio, &c., & that there was iust ground for the arrest, as should appeare by these testimonyes following. The deposition of Rennick Garret, sen, & Abraham Whithar, aged something aboue twenty yeares. These deponents do testify they did somtimes heare M^. Mills say, before the shipp was lanched, that if he could but get the shipp off, & out of the creeke, that he would shew goodma Glouer a trick. Taken before mee, John Youngs, February 12, 1660. The Court haveing heard the evidence o either side, with the pleas of both plaint' & defendt, declared that by what hath beene said, it doth not appeare but that M'. Mills hath psued the attendance to his duty, in reference to the bond, as well as the other, (though they see negligence in both,) & that the bond of 200ii is not by him forfeited, & so no iust ground for this sute, & doe therefore order that both plaint & defendt do beare their owne charges, the bond to be kept by the secretary. [280] II John Lum, of Huntingto, plant', ag* Barnabas Hor- ton of Southold, defendt, in a action of .the case concerning a 1661] JURISDICTION OP NEW HAVEN. 399 mare, but he findeing himself Tnpi'pared in poynt of testimony, withdre-vv his action. Leiftenn' John Bud^, plaint', Charles Glouer, defendt. The plaint' declared ag* the defendt for a debt of 15'', the defendt granted that happily there might be money due to the plaint', but how it should be 15'' he knowes not, he knew there were accounts of 7 or 8 yeares, w'='' they had endeaToured to issue but could not, he therefore propounded that two indifferent men at Southold might be chosen to make vp the account, & what the ball shall appeare to be, Oaptaine John Youngs now engaged with him to satisfy to y« plaint', who accepted the proposition & engagem' -w"^ is (vpon notice given by y« plaint') to be attended by the defendt. Sarjeant Eich: Baldwin & John Oowper, attorneys for M'. James MiUs, pi, entred an action of debt & damag, to the vallew of 500", against Charles Glouer of Southold. Sarjeant Richard Baldwin w"! some others of Milford, haveing attached a bolster, blanket &c, supposed to be y^ estate of Jacobus Loper, now appeared to psecute, who were told that the boy was much indebted to the jurisdiction, w'^'' must first be paid. Hans Alvers, his master, was asked whether the goods attached was Jacobus his propp estate, who answered that he was to have some bedding with him W'' he was to have the vse of, but whether it would be demanded againe at ye end of his time, he knew not, haveing lost his Indenture which might have cleared the case. After w"^ the deputy gouerno"^ declared, that there was a sentence formerly past in this court against Jacobus Loper for notorious mis- cariages, namely for burning a house w*!" a considrable quan- tity of goods for ought appeares, the owners whereof were to be repaired in- proportion to y« damage they should make proof off, wherevpon he hath been kept in prison to this time to see if any would appeare o his behalf, to satisfy for the wrong done, but no hath appeared. It was now propounded that if there were any that would be a chapman for Jacobus Loper, that they would take notice y' the tender is made, after w"'' Sarjeant Baldwin declared, that y^ damage sustained by him hath been very great & his fact of a high nature, he 400 BBCOEDS OP THE [1661 therefore propounded whether ye court would not adventure a little more vpon him, by sending him to the Barbadoes, [281] which they inclined not vnto, but did order || that Jacobus shall remains in prison vntill he have received the correction formerly ordered, and that then he be delivered to his master Hans Aluers, who is to convey him out of the jurisdicon, the goods before mentioned belonging to Jacobus, to remaine vnder custody vntill the charg of imprisonment be satisfied. Oaptaine John Youngs againe appeared to prosecute his action against Richard Smith of Setaucutt, who being called, answered not. The last will & testament of Mathias Curwin, late of South- old, deceased, was p'sented, subscribed by John Ynderhill & deposed by Barnabas Horto, at the court March 6th, 1660, before, WiH: Wells, John Youngs. The last will & testam' of Tho. Cooper of Southold, de- ceased, was pi^sented, deposed by Barnabas Horto, Charles Glouer, Barnabas Windes senior, before Will. Wells, John Youngs, at a court held the b^^ of March, 1660. An inventory of the estate of Mr. Francis Newman, (the late Hon'^'i Gouerno'^ of this Colony,) amounting to 430, 02, 07, was pi'sented, , 1660. An inventory of the estate of Edward & Grace Watson late of Newhaven, deceased, amounting to 80", 03% 08"^^, was pi'sented, proued in court at Newhaven March 5, 60, w^h was by Prancis Browne attested to containe y« whole estate of y« parties deceased,- to the vallew of 5*, to the best of his knowledg, (an estate formerly appointed to Mary Walker in ye house & land of her father (vnder some questio) excepted.) Francis Browne & James Bishopp attested y' the apprisem* was iust, according their best light. An inventory of the estate of John Ouerin late of New Haven, deceased, amounting to ^ , at a court at New Haven was presented, attested by Jeremiah Osburne to containe the whole estate of the deceased, to the best of his knowledg. Willm RusseU attested that ye vallew was iust, according to their best light. A writeing was p'sented by widdow Pigge, as the will of Robert Pigg her late husband, & by her vpon oath attested to be his last will & testam* to the best of her knowledg, but being neither sealed nor subscribed by the testator, nor any other as 51 402 EEC0ED3 OF THE [1661 witnesses, could not be legally proved, but vpo testimony given in at a court at Newhaven Pebr. 5. 1660, it was ordered that the estate shall be disposed off as in the writeing is specified, & accordingly vnto the widdow of the deceased 'was granted power of administracon. Also an inventory of the estate of Eobt. Pig^, amounting to 176", 12^ S^, was p-^sented, w"^ by the widdow of the deceased attested to containe the whole estate of her late husband, to the vallew of 10% (a peice of serge intended for a coat for herself excepted,) to the best of her knowledg. That y^ vallew was iust was attested by Francis Browne & James Bishopp. [283] At a Court of Election held at Newhauen fob THE Jurisdiction, the 29t'» of Mat, 1661. M^ Win Leete was chosen Gouerno"^. M"^. Mathew Gilbert was chosen Deputy Gouerno^ M'. Benjamine Penn was chosen Magistrate. M^ Robert Treat was chosen Magistrate. M'. Jasper Crane was chosen Magistrate. Who all tooke the oath proper to their place, but M"". Penn with this explanation, (before the oath was administred,) that he would take the oath to act in his place, according to the lawes of this Jurisdiction, but in case any business from without should p'"sent, he conceived that he should give no offence if he did not attend to it, who desired that it might be so vnderstood. M'. John Wakeman & WiHm Gibbard were also chosen Magistrates, but neither of them tooke the oath.* The Gouerno'' & My. Penn were chosen Comissioners. M"". Treat the third in the choyce, to supplie, if God by his prouidence should hinder either of the other. * They had both repeatedly declined being considered candidates when nominated by the town.— N. H. Town Reo. ii. 337, SiO. Through aj)preheusiou of a change of government, and of dangers which began seriously to threaten the colony from aU sides, there appears to have been great reluctance to accept office this year. 1661] JUEISDICTION OP NEW HAVEN. 403 Roger Allen was chosen Treasurer. James Bishopp was chosen Secretary. Tho: Kimberly was chosen Marshall. All for the yeare ensuing. [This is the last entry made by William Gibhard, and what follows is in the hand writing of James Bishop.] At a Geneeall Coukt held axt Nbwhauen fob the Juris- diction, THE 29ti> OP Mat, 1661, The Deputies presented there certificates which were ap- prooued, all for the yeare ensueinge except New Hauen, which were only for the present sitting this court. There was pi^sent, Deputies. Leiftennt Nash, John Cooper, John Fletcher, Thomas Welch, M"- . Robert Xitohell, John Fowler, The Gouern'-, ' > New Hauen. Deputy Gouern' Milford. Mr. Fenne, Mr. Treat, M'. Crane, Magistrates. Guilford. Richard Law, Francis Bell, Barnabas Horton, Win Furrier, Leiftenn' Swaine, Lawrence Ward, Stanaford. Southold. Branford. A writing of John Benhams, which he brought from Guil- ford, was presented and reade to the court, with a petition of his owne by way of acknowledgment of his euill and desireing (forgivenes) of the court, being his first offence, hopeing it should be a warninge to him euer after. The court was will- ing to accept his acknowledgement, prouided that they heard not further against him. Ypon this, the court saw cause to declare as followeth, viz, That whereas we haue bene occasioned (vpon some reports of grieuance from sundry non-freemen, that just priuilidges 404 EECOEDS OF THE [1661 and liberties are denied them, which they apprehend is allow- ed them by our first fundamental! law,) to take the matter [284] into consideratio, || and vpon a serious review of things of this nature, and of our law, wee doe see cause to declare vnto all godly and peaceable inhabitants in this colony, that we are greiued to heare of some vncomfortable maner of acting by such vnsatisfied persons, in a seeming factious, if not seditious, manner, which we wish that all, (whoe would not be looked vpon as disturbers of our peace, and troublers of our Israeli,) to be warned from after appearings in such wise, and wee hope they shall haue noe cause to complaine of. any injury by our witholding of just rights, priuilidges or liberties, from any to whom they belong, soe as to hurt the promotion of our cheife ends and interests, professed and pretended by all at our cofnemg, combineing and setling in New England, as by the Articles of Confederation & otherwise may be made to appeare, which must ingage vs to seeke, secure & advance the same by law, and from which we caiiot be perswaded to diuert, soe as to comitt our more weighty ciuill or military trusts into the hands of either a crafty Achit- ophell, or a bloody Joab, as some abusiue medlers doe seeme to hint vnto vs, in a paper we met withall, though such should seeme to be better accomplished w"" either naturall or ac- quired abilities aboue those that are as well lawfuU as intitled freemen, whose earnest desire is, that all planters would make it their serious endeauour to come in by the doore to enjoy all privilidges & beare all burdens equall w*"^ themselues, accord- ing to our foundation setlements & vniuersally professed ends, and y' there may be noe disorderly or vncomely attempts to climbe vp another way, or to discourage the hearts or weaken ye hands of such as yet beare the burden of the day in pub- lique trusts, which wilbe aflicting and hurtfull to the ends aforesayd. The Court taking (the law about distribution of ye estates of those that dy intestate and leaue more children then one ) into consideration, because sometimes there is left a weake widdow, and sometimes a company of weake & small chil- dren, & soe thereby many difficulties doe attend, the court 1661] JURISDICTION OP NEW HAVEN. 405 therefore did order, that as it is in j^ printed law, where there is a widdow & but one child, that one third part of the estate is left to y^ discretion of j« court to dispose of, by diuiding it betwixt y^ widdow & child, soe now in this case, betwixt the widdow & children, as they shall see cause, onely reseruing liberty of appeales, according to the printed law. The Court considering of an order formerly made for the recording of y^ jurisdiction accounts in a booke for y' pur- pose, did now order that this should yearely be done, in such forme & latitude as the deputies of y« generall court that yeare shall accept of, and the sume of y« accounts, what is left in credit or debt vpon the ballance, and in whose hands it is, and in what, with a record of the jurisdiction, what it is and where it is. It was now ordered y' all sheepe of a yeare old or aboue, be rated but at ten shillings apeice, till further order be giuen. Concerning y^ custome for wine & strong liquors, the dep- uties for Milford was desired to let it out to Bnsigne Bryan for the yeare ensueing, for IS" in currant country pay and S'i in siluer, if they could get it, but if not, it was to be gathered vp by the persons that formerly did it in every plantation, for the benefitt of the jurisdiction. It was alsoe ordered that fifty pound be payd to y^ gouern"', and fifteene pound to the deputy gouern"' for y'= yeare ensue- inge. [285] II M^. John Wakeman propounded to the court con- cerning the late gouern's sallary, (he being deceased,) how much they would allow of it to be payd, and it was vnani- mously concluded to allow halfe the yeares sallary, and alsoe that y* charges of his funerall bee borne by y^ jurisdiction, as Gouern'' Batons was. Eichard Lawes and Francis Bell was chosen deputies for Stamford, to keepe court quarterly, except vpon extraordinary occasion, to try any case not exceeding the value of 12'', & to lay a fine not aboue 40 shillings, taking in with them some others as deputies with the consent of y® freemen, & both these tooke oath for the faithfuU discharge of their trust comitted to them, according to the best of there ability, for 406 BECOE0S OF THE [1661 the preseruing of the peace of y^ jurisdiction, & for adminis- tring of justice in cases presented. The Court tooke seriously y° case of Southold into debate, & considering that y° election for magistrates for them did not hold, they thought something was very necessary to be done for them, and at last issued & concluded by a full vote, that seeing M''. W™ Wells and Cap'. John Young was sent in nom- ination for magistrates by the major vote of there freemen, the court therefore thought they judged them fittest for cheife office among them, but the court propounding y^ same to them, found them very vnwilling to accept of any farther trust, yet. notwithstanding, after much debate, the importunity of y« court, together w"i the necessity of vpholding some power for y° good of Southold, was considered by them, they submitted themselues to y® courts desire, & therevpon the court did impower these two as comissioners, with three other which the freemen should choose & appoint, to keepe court for the yeare ensueinge, once a quarter or oftener vpon extraordinary occa- sions, to try any case not exceeding twelue pounds, & to lay a fine not exceeding 40 shillings; but the power of calling and regulating these courts to be in the hands of these two, or one of them if the other be ab^nt, & then to call in another with the consent of the freemen, to supply liis absence, but if both these be absent, there shalbe noe such power to keepe any such courts. M^ W™ "Wells now tooke oath, & had power to administer the oath to y^ rest, and likewise they was hereby jnvested with all such other office power as hath bene at any time heretofore giuen to Southold deputies in euery respect. Some queries put by some of Southold to court. First, concerning Thomas Moore, whoe haueing bene bound ouer by y^ marshall to appeare at y^ court at Newhauen, which he hath refused. The court answered & agreed y' the afore- sayd Thomas Moore should be bound ouer in a band of lOO'' to appeare at New Hauen, at the court of magistrates in Octob. next, to answer his contempt, if full proofe of his satisfaction be not before giuen to y^ court. 2 que:, was concerning such yt refuse to bring in an account of there estates according to order. The court declared y« a 1661] JDEISDIOTTON OF NEW HAVEN. 407 due estimate of there estate be taken by some intrusted for yt purpose, as neare as may be, & given in, & they bound oiier to answer for their contempt at y*' court of Magistrates, at New Hauen. .3 q:, propounded concerning a druifier, whether they might not choose such a one as was not a freeman, & chose by the generall vote of y^ company. The covirt answered because of there present necessity & his fitnes, they allowed John Paine to be drumer whom they nominated. The Court alsoe haueing sundry Complaints brought to them about y^ military affaires of Southold, &, there armes & amuni- tion being defectiue sundry wayes, did giue them to vnderstand that they tooke notice of them, & did giue serious aduise that there be an effectuall amendment of these things, that there [286] may be due incouragement |j giuen to those that are in cheife military trust among them, else if this court shall heare further complaints, they shall sharply witnes against them. Leiftenn^ Charls Glouer i's allowed by this court to be leiftenn* for Southold military company, as chosen by .y« free- men thereof. There was sundry propositions presented by M"". Pecke, sehoolemaster, to this court, as foUoweth ; First, that the master shalbe assisted with y^ power & coun- sell of any of the honoured magistrates or reuerend elders; as he finds need or y^ case may require. 2. That Rectores Scholse be now appointed & established. 3. What is y* the jurisdic- tion expects from y*" master, whether any thing besides instruc- tion in the languiges and oratory. 4. That two indifferent men be appointed to proue & send to y^ master such schoUars as be fitted for his tuition. 5. That two men be appointed to take care of the schoole, to repaire & suply necessaries as y« case may require. 6. Whether the master shall haue liberty to be afneighbours meetings once euery weeke. 7. Whether it may not be permitted that y° schoole may begin but at eight of y^ clocke all y° winter halfe yeare. 8. That y® master shall haue liberty to vse any bookes that doe or shall belong to y^ schoole. 9. That y* master shall haue liberty to receiue into and instruct in y® schoole schollars sent from other places out of this jurisdiction, and y' he shall receiue the benefit of them, ouer & aboue what y^ jurisdiction doth pay him. 10. That the master may haue a settled habitation, not at his owne 408 RECORDS OF THE [1661 charge. 11. That he shall haue a weekes vacation in y' yeare to improoue as the case may require. 12. That his per- son and estate, shalbe rate free in euery plantation of this jurisdiction. 13. That halfe the yeares payment shall be made to, and accounts cleared with y^ master within the com- passe of euery halfe yeare. 14. That 40'', alias fourty pounds, per annum, be payd to the schoolemaster by the jurisdiction treasurer, and that 10'', alias ten pounds, per annum be payed to him by New Hauen treasurer. 15. That y^ major part of the foresayd payments shall be made to y° schoole master in these particulars as foUoweth,- viz:, 30 bush: of wheate, 2 bar- rillsof porke & 2 barrills of beefe, 40 bush: of Indian come, 30 bush: of pease, 2 firkins of butter, lOOH of flax, 30 bush: of oates. Lastly, That the honoured court would be pleased to consider of and settle these things this court time, and to confirme y^ consequent of them, the want of which things, especially some of them, doth hold the master vnder discour- " agement and vnsettlement ; yet these things being sutably considered & confirmed, if it please the honoured court further to improue him who at present is schoole master, although vnworthy of any such respect, and weake for such a worke, yet his reall intention is to giue vp himselfe to the worke of a gramer schoole, as it shall please God to giue opportunity & assistance. The Court. considering of these things, did graunt as foUow- eth, viz, to y^ second, they did desire & appoint M'. John Davenport, sen"", M'. Streete & M"^. Pearson to take y' care & trust vpon them ; to the third, they declared that besides y* which he exprest, they expected he should teach them to write soe far as was necessary to his worke; to the fourth, they declared that they left it to those before mentioned ; to the eight, they declared that he should haue the vse of those bookes, prouided a list of them be taken ; and the nineth they left to y° comittee for y° schoole ; and the rest they graiinted in generall, except the porke & butter, & for that, they did order that he should haue one barrill of porke & one firkin of butter prouided by the jurisdiction treasurer, though it b6 with some losse to the jurisdiction, & that he should haue wheate for y° other barrill of porke. This being done, M"". Pecke seemed to be very well satisfied. There was something propounded about the engrauing of Gouern"^ Batons tombe, which was agreed to be left to y« I66l] JURISDICTION OF NEW HAVEN. 409 Gouern'f, Deputy Goueni"' and New Hauen court, with the aduise of the elders of New Hauen. It was alsoe ordered that a comittee be chosen by this court for the treating with & issueing of any seeming differanoe betwixt Conecticot Colony and this, in reference to the diuiding bounds betwixt them, and of some seeming right to this jurisdiction, which they pretend in a letter sent to this Genii Court,* which being read, the court considering, did [287] nominate & conclude of the Gouern'^, Deputy Gouern'^ || and all the magistrates, with M^ John Davenporte sen"", George * At a General Court for the town of New Haven, April 23cl, 1660, " The gouernor desired that the bounds of a poell of land towards Conneotioote might be sett out, for the pmention of future dififerrences that might otherwise arise betwixt vs, w"*" motion was approued, and thereupon it was ordered y' M'. Yale, W"! Andrewes, John Cowper, John Brackitt, Nathaniel Merriman, w"' the help of Mantowees, an Indian, y" late pprieto', shall set out the bounds w"" lasting markes, w"'' is to be done w"' the first convenyence." — N. H. Town Rec. ii. 316. The setting of these bounds occasioned the following letter, which, in the hand- writing of Daniel Clarke, Secretary, is found among the State Records at Hartford. Foreign Correspondence, ii. Doc. 4. Hono«i Gent : This Court haueing receaued information, not only by what appeares in one of yo' Lawes respect : the purchase of land from ys Indians, wherin there is a seeminge challeng of very lai-ge intrests of lands, and likewise by what intelligence we hane had of yo' strechting yo' bounds vp towards vs, by markeing trees on this side PUgroomes Harbour, wch things, as y^ intrench vpon or iutrest, soe they are not satisfying or contentfal, nor doe we app'hend it a course farthering or strengthlning y' freindly correspondency that we desire, and ought to be ppetuated twixt neigh- bours and confoederates ; espetially in that we conceaue you cannot be ignorant of our real and true right to those parts of y« countrey where you are seated, both by con- quest, purchase and possession; and tho: hitherto we haue bin silent, and altogether forborne to make any absolute challenge to o' owne, as before, yet now we see a neoessitie at least to reuiue j' memoriall of o' rite and intrest, and therfore doe desire that there may [be] a cessation of farther proceed, in this nature, vntil, vpon mature consideration, there may be a determinate settlement and mutuall concurrence twixt yorselues and this collonie, in reference to y« deviding bounds twixt the two colonies. It is further desired and requesf by vs,_that if there [be] any thing extant on record w'h you y' may further ys [de]ciding this matter, that it may be produced, and that there may be a time and place appointed, where some deputed for yt end, fur- nished w'h ful power, may meet, y' [so a] loving issue may be effect'! to prevent farth[er tro]ubles. And in case there be noe record of grant or allowance from this coUony, respecting the surrend', not only of lands possessed by yon and improued, but alsoe such lands as it seemes to vs that you, vud' some p'tended or assumed right, haue induced by yo' bounds w'hin yo' liberties, that you would be pleased to consid' on some speedy course, wherby a compliance and condesoendency to what is necessary and convenient for yo<- future oomforte may be obtained from vs the true proprietors of these parts of countrey. We desire yo' returne to c Gen" Court, in reference to o' proposit's, with what convenient speed may be, y' soe what is desired by vs in point of mutuall and neighbourly correspondeno, according to y« rules of justice and rightiousnes, may be stil maintained and continued. 410 EBCOEDS OF THE [1661 Hubbard and Leiutenn' John Nash, as a comittee for this busines, whom they impowered to giue an answer to theire letter, & to treate with & conclude of, soe farre as they should see cause, with any whom they should appoint for this busines ; and there was an answer drawne vp &, sent, signifie- ing soe much to them. M'. Robert Treate was allowed captaine for Milford by this Gen'i Court, as desired & chosen by the freemen thereof. There was certificates presented from the seuerall planta- tions concer[ning] view of armes, according to order, & the sufficiencie of there armes and amunition & towne stocke, which seemes to be in a competent measure sufficient, except Southold, which was witnessed against. It was ordered that a rate of 150" shalbe leuied vpon the seuerall plantations & pprietours of Pagausett, according to there proportions, to be payed at such times, & in such pay, & at siich prizes as was ordered the last yeare, which is thus pportioned. New Haven, 051 05 03 Milford, 033 01 02 Guilford, 021 06 03 Stamford, 020 06 00 Southold, 012 17 10 Brandford, 009 17 04 Paugausett, 001 06 02 150 00 00 The eemaindeb op y* Court of Magistrates which began Mat 27'h, 1661. There was present, y^ Gouern'', Deputy Gouern'",M'". Fane, Mf. Treate, & M'. Crane. Will Pepper was called before y^ court & examined of sun- dry gross facts of theft, & for breaking prison, he haueing sun- dry things found in his hands, both att Guilford & at Sea- brooke, where he was last taken, as siluer & wampom, tobacco, hoUand, apparell, a pistol, shooes & deare skins, &c. It being asked him where he had these things, there was 1661] JUEISDICTION OP NEW HAVEN. 411 6ii, 8s, 9^ in siluer he confest he tooke out of M'. Rother- fords vessell in Newhauen harbour, except one shilling, & the wampon he sayd he had some of it at Conecticut & some at Boaston, & the tobacco he sayd he bought of John Story of Mushin, & 18 yards | of hoUand he sayd he tooke out of M^ Wethrills vessell, & the pistol! out of goodm Clarkes shop at Guilford, & some shooes he sayd of Peter Desbrow at Greene- wich, & the deare skins & one pound of powder from Humphry Spinninge, & sundry other things he had, -which he sayd he had some in one place & some in another, but was found very false in sundry things, that at last the gouern"^ told him y' he was a notorious theife, & had gone on in a way of theft long, & that after he was prisoner at New Haven he broke prison & got off his locke & the same night went aboard M^ Rother- fords vessell & tooke y' siluer that was in a closse place & seuerall other things, & whereuer he came he did mischeife, euen to those that shewed him kindnes, & after he was last taken at Seabrook hee wounded the mans seruant where he was taken ; for these things &c, it was told him he was not fit to Hue in any place with any godly people, & that he was neare the gallowes as an incorrigible person. The Court therefore considering his seuerall euills & wrongs done to sundry, as apeared by his owne confession & proofe, and his mischeife done at Seabrooke, did by way of sentence declare, that those persons they had knowledge of from whom he had stole should haue there owne goods againe towards there satisfaction, and that he be seuerely whipt, for a warning both to himselfe & others of falling into such like courses, & for other charges which are or may come, that he be sold for a fine of ten pounds to be payed to the jurisdiction, & that he be kept in prison till he be thus disposed of. Richard Baldwin of Milford & John Cooper of Newhauen, plaint', in the behalfe of M"^. James Mills, entred an action of J" case against Leiftenn' Oharls Glouer of Southold defend- ant, for vnjust molestation & false imprisonment of M^. James Mills, to his damage & discredit. The Gouern"^ demanded of y« pi:, how was his false impris- onment. They answered, for sueing the band which Charls 412 EECOKDS OP THE [1661 [288] Glouer had noe cause. It was demaunded || ofy^pl: concerning there lett' of atturnie, which being deliuered to y« court was accepted. The gouern' asked them to what damage they extended there action ; plaint' answered, besides his foure- teene dayes imprisonment or vnder custody, his men was much hindered thereby. The go"^ told them, if he got bayle hee needed not. Defendt desired them to prooue there vnjust molestation ; plaint' left it to the court, & the go"^ answered yt they see noe cause there should liaue bene such pceeding against M"". Mills by Charls Glouer. Plaint' pleaded darnage, being a marchant, & that it was much indignity to such a one to be Ynder an arrest, & left it to y^ courts consideration; defend't answered, he had his liberty to goe about his worke, & testified by the marshall of Southold that he might haue had his liberty if he would haue giuen in security, & that he did goe to Northampton in this time; the plaint' answered, but he was vnder an arrest & at there coiiiand for y^ time. The Court considering the case as an vnjust molestation, & soe a damage in reference to his credit, thereby being vnder an arrest, did by way of sentence declare, that L: Charls Glouer doe pay to M^ James Mills fifty shillings, alsoe the charges of y" action. Cap'. Nath'aniell Siluester being bound ouer to this coiirt to make his appearance, was called three times by y^ marshall, but answered not nor appeared. Cap'. John Young, plaintiffe, entred an action of slaunder against John Bud sen'', defend', both of Southold, & there vpon the plaint' jnformed y' John Bud sen^ came into court at Southold & sayd we was very strict against Quakers, but we could suffer whoring & drinking, or drunkennes. Defend't desired him to prooue it, vpon which M^. W" "Wells sayd, it was to all the court, therefore euery one tooke it particularly to himselfe. The plaint' alsoe informed against y^ defend' that he had seuerall times charged him with lieing when he was told he tended to disturbe the peace. Defend' answered to y^ first charge, Sir, I haue acknowl- edged them to be hasty words, & that y° words were whoring, 1661] JURISDICTION OP NEW HAVEN. 413 tipling, & wantones, & for y° second charge he sayd he was brought into y* church about it & gaue satisfaction to those that was there, & that for three quarters of a yeare after this he had comunion w"' them at the Lords table. M"". Wells informed that they vsed meanes to feclaime him in another way by his soiie to pswade him to come & make his acknowl- edgement of his euill. Defend' replied, You dealt with mee as a rogue, binding me ouer to appeare in a bond of 100'', but afterwards the defend' acknowledged the words charged was spoken by him, & that they was euill words & such as passed from him in his hast & distemper, & therefore sayd he had acknowledged that he had cast a reproach vpon them, because he had not brought any thing legally against any of them, therefore acknowledged that he had slaundered them air& confest his euill therein. M"". Wells seeing John Bud some- thing pliable, & not willing to bring further trouble on him as he exprest, ppounded to him that in one of his writings he had sayd y' he was a wretched man & had undone him in body or soule, or both. There was much sayd to John Bud by the court to conuince him of his euill. M^. Wells sayd this was spoken at court & not priuately. Defend* answered, as the Lord sets it vpon my heart, I shall acknowledge it. M'. Treate counselled Mm to petition to his impleaders for mercy in a free acknowledging of his euill. L: Charls Glouer desired to ppound two things to John Bud, expressing that it was not his mony y' they desired ; & j" first was y' John Bud come- ing into y^ court sayd that he had taken away his place from him; & secondly, that he went about to take away his head. John Bud answered he knew noe such thing, but it was prooued by the marshall of Southold, then afterwards John Bud owned his first speech as an euill speech, & y' L: Glouer neuer sought his place nor was capable of it; then M^ Treate aduised John Bud to giue all incouragement to y° souldjers to attend to their present ofi&cer ; then John Bud acknowledged the euill of the second speech & sayd he was sorry for it. After this (was read to the court) an oath of L: Charls Glouer concerning some speeches of John Bud sen"" in the behalfe of the Quakers, which is as foUoweth, 414 EECOEDS OP THE [1661 The deposition of L: Charls Glouer. This deponent sayth y' being occasionally at y® house of Leiftenn' John Buds, & there haueing some discourse vpon some points of religion, & that the Quakers came in amongst other sectes that are now abroach in the world, of which this [289] abouesayd John Bud did soe highly comend of as || say- ing that they were the honestest and most godly people that were now in the world, and did vse many expressions by way of great dislike of the pceedings of all the gouernments in this country against them, and that they would one day haue cause to repent thereof, and further did aske me this deponent, wliy they might not haue there liberty here as well as in other countries, saying they were not the like abused noe where, where they came, as they were here, vnto which my answer was to him that you doe much mistake yourselfe, and I am sorry to heare what you say, vnto which with many other words of reply, sayd they were such a people that he could wish he was worthy to lay downe his life for them, and would if he were calld to it, and though much more might be sayd, yet- further this deponent sayth not. Taken ypon oath in open court att Southold y® 20*'' of July, 1660. Clause, a Dutchman, owned he was present in the sayd John Buds house when the discourse abouesayd was vented by him, & sayd he Tnderstood the cheife part thereof, but not vnderstanding fully, his oath was spared, this testified M^ W™ Wells. Now vpon this, John Bud charged L. Oha: Glouer to be a false fellow for taking an oath against him, which much vnsatisfied L. Cha: Glouer. The Gouernof told John Bud that he judges all the governe- ments for y^ sake of the Quakers & that he was a Quaker in heart and affection, and among y« generation spoken of in Jude, that speake euill of dignities, & that the plaint' would prooue against him to fauour the Quakers. Cap' Jo: Young sayd it woiild be prooued that j" Quakers preached in his house, both men and women. John Bud sayd it was without his consent. The gouern'' asked him if he acknowledged his. euill about the Quakers. Jo: Young sayd he heard him comend them. Jo: Bud sayd they held forth Christ in there speeches ; that in apeared by these things (it was told him) 1661] JUBISDlCTION OP NEW HAVEN. 4l5 he carried too friendly to the Quakers. John Bud now acknowledged his speech that he spake against L: Glouer for taking an oath against him, to be very euill, and that he had noe ground to speake soe of him. ,;,. The Court considering the case betweene Cap' John Young and John Bud sen'', the charges being acknowledged by the defend' & sundry other euills discouered by him in court, did by way of sentence declare, that John Buds carriage in these things hath bene very bad, and in reference to the action, the court declared that he had greatly slaundered Capt Young, & to such a degree, if only in reference to his name, had not he shewed his moderation to the court, they could not but haue more severely witnessed against it, but because also of his acknowledgment of his euill, they did adjudge him to pay to y« plaint' but ten pounds and the charges of the action ; and for his other miscarriages, in his troublesome carriage att Southold, & soe much testified here, & in his speeches about the Quakers, wherein its to be feared he hath cast an asper- sion on the governments, they did sentence him to pay five pounds as a fine to the jurisdiction, and left a serious warn- ing with him that he be not found in any such wayes againe, telling him if he was, it would be much heauier vpon him then at this time ; and for the busines about M' . "Wells, they left it with him seriously to consider of and make vp with him. John Bud answered that as things was presented, he saw not how the court could doe lesse. John Herdman (haueing presented a petition to the court for an abatement of a former fine layed vpon him) appeared, but the court told hitn they could not see at present how to abate it without too slender passing by of wickednes, except they could see there was a reall change in him. John Cooper and Ensig' Bryan testified something of his better behauiour as they had heard, and M'. Osborne. Now the court vpon these testimonies considered to forbeare the fine till further testimony. Edward Parker desired it might be tooke notice of in the court that whereas it was reported that he had told John Palmer that he saw the gentlemen here three dayes before y« 416 ftBCOSDS OF THE [1661 messengers came, M"". Orane and goodfn Tod testified that they heard John Pahner say that he neuer heard Edward Parker say any such thing. L: Jn" Nash was appointed a trustee (for j" creditC^ to M'. Goodyeares estate,) in the stead of M^ Jn° Wakeman, he being to remoue & desireing it. [290] II Mr. Osborne, clearke of the jron workes, was licensed to draw wine and strong liquors for the workemen by this court till they see cause to repeale it. It was agreed that M^. John Davenport jun"^ should haue ten shillings allowed him by the defend't for charges about the horse tried in the begining of this court, except he see cause to remitt it. Mr. Goodenhouse ppounded that the attachment graunted him by the court of magistrates Decemb. ll"", 1660, on M''. Buance his house & accomodations, might extend, as to the principle, soe to the rent and pduce of it. W™ Andrewes sen^ desired to joine w"' him in this attach- ment (in the behalfe of his sonne W™, which was seruant in the ship,) to the valew of SO'" as he sayth. John Cooper informed that there was SO"" out of this house ingaged to M^. Hodshon in the behalfe of M'. Stendam, but that was referred to the records. Concerning M'. Goodenhouse it was declared as foUoweth, viz, whereas the estate of M'. John Euance hath bene layd vnder an attachment by M'. Goodenhouse, that is, his houses accomodations and all appurtenances therein, at the suite of Mr. Goodenhouse, vpon an account of a ship called the Susan in partnership & gargo & for factorige and wages, now for this he appear'd & pduced these testimonies to make proofs of the proportion of his interests to a quarter & 24'^ part in the sayd ship and gargo, together with an account for factorige and wages both for himselfe and his sonne vnder M'. Euance his hand, and pleaded that M^. Euance had receiued 1500"> sterling for composition from the Portugall embassadour, all which parts of ship and gargo, factorige and wages, doe amount to 329"', 5s as he saith, but noe sufficient proofe yet appearing to the courts satisfaction, of M^, Euance his soe 1661] JtTEISDICTION OP NEW HAVEN. 417 receiuing, the court therefore saw cause to referre the matter to a further clearing. The testimonies was these, Ensigne Bryan saith he apprehended by M^ Euance speak- ing of the losse of the vessell betweene them, that M^. Gooden- house he had the greatest losse, but what part or share he had in the ship I know not. Taken vpon oath in court at New Hauen, June l"t.'61. Sbe attests WiHm Leete, Gouern^ June I'stj 1661, at Newhauen. Philip Leeke, aged about fifty yeares, testifies tpon oath the day and yeare abouewritten, before me Rob' Treate at New Hauen, as foUoweth, that I haue heard M^. John Euance, marchant, late of Newhauen, say that he had sold to M^ Samuell Vangoodenhouse of Newhauen aforesayd, one quar- ter part of the ship Shusan ; and moreouer, I haue heard the sayd Mf. John Euance, march', say that he was a great deale in the sayd M^. Vangoodenhouse debt, after that -he had soe bought the part of the sayd ship, and to my best remem- brance, I the sayd deponent haue also heard Mi^. Euance say that he sold that part of the sayd ship for threescore pounds to M^ Vangoodenhouse, & further not. Robert Treate. Mi's. Goodyeare testifieth that shee knowesthatM'. Samuell Vangoodenhouse had a part in the ship called the Susan be- fore he bought the 24'^ part of M'. Goodyeare, which alsoe shee testifies that he did buy of him, and was hers before shee married M"^. Goodyeare, and further she sayth not. Mai-gret Goodyeare. Taken vpon oath this 3^ of June 1661, before me, Wilim Leete, Gouern^. [291] II A bill of debt from Isaacke AUerton sen^ vnto Ed- ward Batter of Salem, with a letter of atturnie given by the aforesayd Edward Batter to Richard Raymond for the recou- ering the sayd debt, which being attested was by this court accepted to come in with other debts vpon Isaacke AUerton sen"" his estate. An jnventory of the estate of WiUm Chittenden of Guil- ford, deceased, was presented, amounting to 677i', 16% 07'', as presented & prooued in court at Guilford the 21"! of Febru- ary 1660, vpon oath by Joane Chittenden, the widdow& relict of the sayd WiHm Chittenden deceased, for the quantity, and 53 418 [ebcoeds op the [1661 by the testimony of Abraham Crittenden sen"^, John Fowler &, WiSm Stone apprisors, for the valuation to be just. WiHm Leete, Gouern^ An jnventory of the estate of Thomas VflSt seni^ deceased, was presented, soe much of it as remained within the bounds of Milford and Stratford, amounting to 289'*, 12% OT^, pre- sented in court at Milford, the e"" of Decem: 1660, and attested vpon oath by Thomas Vffit junf &, John Vffitt, that this is a true jnventory of the whoUe estate of Thomas Vf&t, deceased, within those limits aforesayd, to the best of their knowledge, &, that the valuation is just, testified by Alexander Bryan & Thomas Wheeler, to the best of there light to that part of the estate about Milford, & testified by John Herd and Henry Wakeling of Stratford that the valuation of that part of the estate about Stratford was just, to the best of there light ; this was approoued alsoe in court at Milford, as before, testified by, George Clarke, Secre: [292] Att a Gbnbeall Court held att New Hauen fob the jubisdiction, august 1".* 1661. The Gouern'', Deputy Gouern', M"'. Ben: Fenne, ) M'. Eob* Treate, [ M^ Jasper Crane, ) Present, Deputies. John Cooper, James Bishop. Magistrates. John Fletcher, Thomas Welch, M^ Robt Kitchill, George Hubbard. Richard Law. Leiftenn' Swaine, Laurence Ward. The Gouern"' informed the court of the occasion of calling them together at this time, & among the rest the maine thing insisted vpon was to consider what aplication to make to the king in the case we now stood, being like to be rendered worse to the king then the other colonies, they seeing it an incumbant duty soe to doe. The gouern' informed alsoe the 1661] JURISDICTION OP NEW HATEN. 419 court that he had receiued a letter from the cotinsell in y^ Bay, ■which was read,* wherein was intimated of sundry com- * Secretary Eawsonto Governor Leete. Honoured Sir, The council of our jurisdiction being assembled the 4"' instant at Bos- ton, ordered me to signify to you what lately they have receaved from England by Captain Leverett his letter, bearing date 12th Aprill, 1661, who tells us that however our addresse to his majesty came seasonably and had a gracious answer, yett many complaints and claims are multiphed against ns, and that wee are like to heare from his majestys committee what those complaints are, and what is expected from us ; that an oath was produced against him for saying that rather then wee should or would admitt of appeales here, wee would or should sell the country to the Spaniards ; which though he absolutelj'' denyed that ever he, so said, and tliat if he should have so said he had wronged the couatry very much, some of the said committee said the words if spoken they were pardoned, but they looked at the words not so much his as the spirit of the country, and tho' againe he desired that the country might not suffer, in theire minds, for what he knew was so much and so farre from them, as to thinke ought in any such respect, yet one of them proceeded to question him, whether if wee durst wee would not cast off our allegiance and subjection to his Majesty; he answered, he did apprehend wee were honest men and had declared in our application to his majesty the contrary, and therefore could not have such thoughts of ns without the breach of charity; that it is no lesse than necessary we had some able person to appeare for us, well furnished to carry on our busines, which will not be without money; that the councill for plantations demanded of him whether wee had proclaimed the King and whether there was not much opposition to the agreeing of our application. He an- swered he knew not, only had heard Capt. Broaden say so, but humbly submitted to theire consideration, that neither wee nor any other were to be concluded by debates but by our conclusions, which were sent and presented to his Majesty in our names. They tooke notice, from enquiry; that it was only from one colony, namely, Massa- chusetts, and have theire considerations of the other colonies neglects, to speake most favourably thereof. Thus farr as to the letter. Further I am required to signify to you as from them, that the non attendance with dilligenoe to execute the kings majestys warrant for the apprehending of Colonel Whaley and Goffe wiU much hazard the present state of these colonies and your owne particularly, if not some of your persons, which is not a little afflictive to them. And that in theire understanding there remaines no way to expiate the offence and preserve yourselves from the danger and hazard but by apprehending the said persons, who as wee are informed are yett remaining in the colony and not above a fortnight since were seen there, all which will be agamst you. Sir, your owne welfare, the welfare of your neighbours, bespeake your unwearied paines to free yourselfe and neighbours. I shall not add, having so lately by a few lines from our governour and myselfe looking much this way com- municated our seuce and thoughts of your and our troubles, and have as yett received no return, but commend you to God and his rich grace, for your guidance and direc- tion in a matter of such moment, as his Majesty may receave full and just sattisfaction, the months of all opposers stopped and the profession of the truth that is in you and us may not in the least suffer by your actings is the prayer of Sir, your assured loving friend, Boston, 4f>' July, 1661. Edward Eawson, Secretary, In the name and by order of the council!. Sir, Since what I wrote, news and certaine intelligence is come hither of the two colonells being at New Haven from Saturday to Monday and pubhckly knowne, and however it is given out tfeat they came to surrender themselves and pretended by Mr. 420 RECORDS OP THE [1661 plaints in England made against New England, and that the comittee in England tooke notice of the neglect of the other colonies in there iionaplication to the king. Now the court, taking the matter into serious consideration, after much debate & aduise, concluded that this writing should be sent to the counsell in the Bay, the coppie whereof is &,s foUoweth, Hono"^"! Gent. Yours dated the 4*1' of July (61,) w"> a postcript of the 15"", we receiued July 30t>', which was coriiunicated to our gen'i court August 1"', whoe considered what you please to relate of those complaints made against New England & of what spirit they are represented to bee of, vpon occasion of that false reporte against Capt. Leueret, who we beleeue to haue more wisdome & honesty then soe to reporte, and we are assured that New England is not of that spirit. Aud as for the other colonies neglect in non-aplication with yourselues to his majesty the last yeare, it hath not bene forborne vpon any such account, as we for our parts pfesse, and beleeue for our neighbours, but only in such new & vnaccustomed matters wee were in the darke to hit it in way of agreem' as to a forme satisfactory that might be acceptable ; but since that of your colony hath come to our veiw, it is much to our content, and we solemnely pfesse from our hearts to owne and say the same to his majesty, and doe ingage to him full subjection and alle- giance with yourselues accordingly, with pfession of the same ends in coming with like permission and combineing with Gilbert that he looked when they would have come in and delivered up themselves never setting a guard about the house nor endeavouring to secure them, but when it was too late to send to Totocut, &o. Sir, how this wiU be taken is not difficult to imagine, to be sure not well; nay, will not all men condemn you as wanting to your- selves, and that you have something to rely on, at least that you hope will answer your ends? I am not willing to meddle with your hopes, but if it be a dSty to obey such lawfiill warrants, as I believe it is, the neglect tiiereof will prove uncomfortable. Pardon me, sir, its my desire you may regaine your peace (and if you please to give mee notice when you will send the two colonells) tho' M'. Wood Greene is bound hence within a month, yet if you shall give mo assurance of theire coming I shall not only endeavour but doe hereby engage to cause his stay a fortnight, nay 3 weekes, rather than they should not be sent, expecting your answer, remaine Sir, your assured loving friend and servant, Edward Rawsou. Hutch. Coll. 338. 1661] JURISDICTION OP NEW HAVEN. 421 yourselues & the other neighbour colonies, as by the preface of our articles may appeare ; vpon which grounds we both sup- plicate and hope to find a like ptection, priuilidge, imunities & fauours from his royall majestie. And as for that you note of our not soe dUligent attendance to his majesties warrant, wee haue giuen you an account of before, that it was not done out of any mind to slight or disowne his majesties authourity, Andrewes jun% came vnto ye court and desired to be freed from her husband, hearing that he was married to another woman; for proofe whereof she presented, first a lett' from M' . Nathaniell Whitfield in Eng- 64 426 EECORDS OP THE [1661 land, and from Richard Miles jun^ out of Barbadoes, both which was read, but the letf^ of Rich: Miles being torrie, the court desired her to call Richard Miles, that they might heare what he could say himselfe in the case, whoe came and expressed what he had writt in the lett^ The gouernr asked her if shee would try any further meanes, shee answered shee would leaue itto the court. Richard Miles jun'' was called to speake what he could say in the case vpon oath, whoe testified as foUoweth, I Richard Miles jun'' att New Hauen in New England, being in Barba- does in Septemb in the yeare of our Lord 1660, saw W™ Andrewes whoe belonged to a small vessell called the Charls, the master of which his name was Rob' Guardus, whoe informed me that W™ Andrewes was married to one Joane King, a Cornish woman that liued then in 'Kings Sale in Ire- land. I asked him the certainty of the thing, who told mee I might very well beleeue it, for he was his neare neighbour ; wherevpon I desired to speake with W™ Andrewes, which after some discourse I told him what the reports was that was reported of him in New England that he was married to one in Ireland, and that M^. Nathaniel Whitfield had writt oner to New England in a lett"^ that he heard it was soe, vpon which I desired W" Andrewes to deale plainely with mee, but he at first denied it, till I told him the master testified it that it was soe and that he was his neare neighbour, and I told him that the master told mee her name, vpon which he was much amazed and I could scarce get a word of him, but after I pressed it much vpon him, he owned it that he was married to one in Ireland, and sayd that he was an vndone man. This testimony was giuen in vpon oath before the court. Together with this the letf of M^ Natha: Whitfield, which Richard Miles speakes of, 'vvas presented and read before the court which was as he testified, together with his long absent- ing himselfe from his wife in New England, about eight or [297] nine yeares, || notwithstanding by Rich: Miles and sun- dry opportunities formerly he had of returning backe to her, but he neuer attended any to this day. Thomas Kemberly senf alsoe informed the court that his soiie wrote from Vir- 1661] JUEISDICTION OF NEW HAVEN. 427 ginia that he being in Bristow heard that W™ Andrewes -was married in Ireland, and that he wrote to him that his wife was aliue in New England. The Court considering the case and the euidences presented, with the long time of absence of W™ Andrewes from his wife being fully cleared, did see noe cause to keepe Mary Anjirewes in bonds to such a man, but did by way of sentence declare her to be diuorced from him and that shee was fully at liberty to marry with another without offence. John Fletcher of Milford appeared before y« court and desired that these three oathes foUoweing might be ratified before the court & confirmed by them in as full & authenticke mafier as they could, which the court graunted, & he further desired that they might be recorded, which is as foUoweth, Know all men whom it may concerne yt I, John Fletcher, of Milford, in ye colony of New Hauen in New England, aged about fifty nine yeares, doe vpon my certaine knowledge testify vpon oath, that when as I dwelt in England, neare to one Henry Bacon & William Bacon, brother to y« sayd Henry Bacon, and I neuer heard or knew any more of t.hem y' were their owne brethren by the fathers side, and they dwelt when I first knew them, in Stretton, in the county of Rutland, within y« realme of England, & afterwards I knew Henry Bacon when he was remoued to Clipsam in ye same countye of Rutland aforesayd ; and I doe testifye y' I knew the sayd Henry Bacon brother to the sayd WiHm Bacon had one only sone, called Thomas Bacon, well knowne to mee for y^ space of six or seuen yeares, and I haue* heard it reported that he went to Hue at y= Barbadoes & there died ; and further I the abouesayd John Fletcher doe testify, y' I doe well know y* y« ahouesayd Wilhn Bacon, brother to y<= sayd Henry Bacon, had a sofie called Nathaniell Bacon, whoe was his eldest sone, whoe now liueth in New England and was p'sent at my testi- fieing hereof, and farther sayth not. Witnes, John Fletcher. Know all men whom it may concerne y' I, Mary Fletcher, of Milford, in y« colony of New Hauen in Newengland, dged about fifty foure yeares, doe vpon my certaine knowledge tes- tify vpon oath, y' when I was in England, dwelling at Stret- ton in ye county of Rutland where one Henry Bacon & Wilim Bacon, brother to y^ sayd Henry Bacon, dwelt, and I knew nor heard of any other but these two brothers by the fathers 428 RECORDS OF THE [1661 side, and I liued at the sayd Stretton for the space of ten yeares, in which time the sayd Henry Bacon remoued his dwelling to Clipsam in y" county of Entland aforesayd within y realme of England ; and I doe further testify that the sayd Henry Bacon had one only sone named Thomas Bacon, which I knew from a child, and I heard y' he went to the Barbadoes and died there, and I, the sayd Mary Fletcher, doe further testify y' I well knew Willm Bacon, brother to Henry Bacon aforesayd, whose eldest sonne Nathaniell Bacon I well knew from a child, whoe is now liueing in New England and present at my testifieing hereof, and further not. Witnes the marke of Mary Fletcher. Know all men whom it may concerne, y' I, John Ward, of Brandford in ye colony of Newhauen in New England, and aged about thirty six yeares, doe declare & vpon my knowledge [298] testify || on oath, that I well knew for y space of six or seuen yeares one Henry Bacon, of Clipsam in y<= county of Rutland, within y^ realme of England, & one WlHm Bacon, brother to y« sayd Henry Bacon in the same county of Rut- land abouesayd, and I neuer knew or heard of any brother or brethren more y' they had by y^ fathers side ; and I doe further testify y* I well knew Thomas Bacon, sonne of Henry Bacon & nephew to the sayd Willm Bacon, and I neuer knew or heard y' the sayd Henry Bacon had any other child but only the sayd Thomas Bacon, whoe as I haue heard went to the Barbadoes & died there ; and further I the sayd John Ward vpon certaine knowledge doe testify, y' I well knew Nathaniell Bacon to be the eldest sone of WiHm Bacon, brother to the sayd Henry Bacon, and the sayd Nathaniell Bacon is now liueing in New England &■ was p'sent at my attesting hereoff, and further sayth not. Witnes, John Ward. This is a true record of the originall ^ James Bishop, Secret'. These three foregoeing depositions was taken vpon oath, in p'"sence of the court of magistrates held att New Haue Oc'b: 17"', 1661, which persons are kuowne to be of good report. Subscribed by me, James Bishop, Secretary for ye jurisdic- tio, and sealed with y^ colony scale by order of ye court of magistrates. 1662] jubisdiction op new haven. 429 Att a Gen" Court held att New Hauen fob the Juris- diction, May 7">, 1662. Present. The Gouerni^, - Deputies for The Deputy GoTiernS John Cooper, I ^ewhauen Mr. Ben: Fenne, ) ^ . James Bishop. \ M'. Robt Treate, ) f^°p^- Thomas Welch, ) ,,.,. , Mr. Jasper Crane, ) ^''"'*''- Richa: Baldwin. \ ^'^^'''^■ M'. Rob' Kitchen, ) ^^^^.^^ ^^ George Hubbard, j Richard Law, Jo, j. , L: Francis Bdl, \ Stamford. Leiftnn' Swaine, ) -„ jj? j T -nr J f Brandford. Laurence Ward. ) The Court being come together to consider of the affayres of the jurisdiction and how matters might be carried on in refer- ence to the election for the yeare foUoweing, vnderstanding that there was a great discouragment vpon the spirits of those that were now in place of magistracy, and alsoe to consider about My. Rossiter and his sonne, that was now vnder the custody of the marshall, but the court vnderstanding that sundry persons of Guilford was then in towne whoe had sub- scribed too some offensiue papers which was before sent to the court, & some of them spread abroad to the disturbance of the peace of this jurisdiction, therefore the court thought meete, (before they pceeded in any other matters,) to call these per- sons vpon particular examination, but vnderstanding that [299] II Francis Browne & his sone was bound ouer (to answer for some contemptuous carriages to authority in New Hauen,*) to y« court of magistrates when they should call * John Browne had been brought before the deputy governor, October 21, 1661, and charged with having been intoxicated, which he denied. During his examination his father, Francis Browne, coming in, " discovered great distemper of spirit," and "uttered many contemptuous & reproaohfull speeches against authority," asking " by what authority his sonn was called thither, he knew no authority they had since the king was proclaimed, nor would he obey any lawes vntill they came thence, & others were of the same minde." Finally he and his son, who demanded of the deputy governor whether he had his authority from Charles the second, were committed to prison, though order was afterwards given that, considering his age and infirmity, Francis Browne should have liberty to lodge at the marshalls house, which he refused to accept of, because his son had not the same favor. N. H. Town Bee.-Wi.afi.lw 430 RECOEDS OP THE [1662 them & hopeing he might giue a good example to any that after should be called in a full acknowledgment of his euill, did first call for him & his sone, whoe being called, the writing of their offensiue carriages was read before them, to which Francis Browne answered that he was sorry w"" all his heart that euer he should say or doe any thing against the axithour- ity, & did fully owne all that he had sayd & was heartily sorry that he should be any discouragement to any whom God should rayse vp amongst vs, or that he should be any leading exam- ple in euill to his sone ; he was asked if he had any further to inlarge in sight of his euill, but in debate of the matter the spirit of Francis Browne seemed to be out of frame & vttered some expressions about his imprisonment which was offensiue to the court, which they witnessed against & respited the mat- ter to further hearing; but after, Francis Browne acknowl- edged his euill, & sayd that it neuer entred into his heart to alter this way of gouernement to haue it out of the hands of those that are members of churches, & did acknowledge the pride of his spirit which appeared in his first appearing, & shewed his sorrow for the same, & sayd he neuer intended to lay any blame vpon any & soe left himselfe with the court. John Browne alsoe did desire to acknowledge his euill, and did confesse that he was heartily sorry for his sin in this busines, & acknowledged the breach of the S'*" comandm', & that he neuer intended any thing against the fundam'talls, but that he spake in a sinfuU passion when he sayd Haue you your authourity from Charls the Second. The testimony of Jn° Tod & Nathaniell How was read, of some sinfuU & wicked expressions which John Browne expressed, and John Browne owned the euill of them as they was prooued, but could not remember he sayd soe, as he declared. The Court heareing what was sayd by them, did pceede to sentence, & first to John Browne in particular, & did sharply witnes against his euill, & told him that this did occasion them to lay a bond of 20'' vpon him that he attend his oath of fidel- ity, & this to continue the courts pleasure. 1662] JUBISDIClnON 01* NEW HAVEN. 48l Francis Browne, his father, answered that the thing the court had done was good. And for the case of them hoth,_the court declared that in respect of y^ height of their miscarriages, though they accepted their acknowledgment, yet in respect of charges, they layd a fine of forty shillings to be payd by them both equally to the jurisdiction. [300] II The Court now pceeded to the examination of some of Guilford, and first Thomas Stephens was called, (he haue- ing deliuered in the writings to y^ gouern',) & asked if he owned his hand y* was in two of y^ writings, to which he answered y' h did, & being further questioned whether he was the contriuer of y first writing & did owne the sence of it ; but before he would giue answer he desired to speake with the gouern' alone, which was graunted him, & the gouern"' coining in againe informed the court yt Thomas Stephens his end of speaking with him was to mind him what was in y^ pi^face of ye first writing; the gouern"^ told them he had acknowledged what incouragem* he had giuen them in y^ pi'sence of M^". James Pitch, it being there ppounded to him as if they had bene denyed of those priuilidges which the fondamentall law did allow them, the gouern' answered he thought they was not, & that he had practised as liberally as others towards them in yi respect, but M'. Eossit' ofiring to enter into debate about y« matter, the gouern' answered that he was not willing to enter into reasoning with them to giue his single judgement in y« case, but if they would in a loueing & peaceable way p'sent to y« court what they had to ppound in it, they should be heard, & he would further them in it y' they should haue y' which y^ law did allow them, to which M'. Fitch sayd y' it was all y' j" gouern' could doe, & they seemed to be satisfied. This being declared, IJiey pceeded to question whether he contriued ye writing, to which he answered yt he did not write it himselfe, but did desire M'. Rossif to draw it into forme, which was grieuance to him. It was demanded of him if y' was the issue of y' meeting in which M'. Fitch was p'sent, hee answered y' though all theire grieuances was not then spoken of, yet he did not know any 432 EECOEDS OP THE [1662 thing in y« -writing but y' which was theire grieuance. It being further demanded of him whether he owned the whoUe or in part ? he answered, y' he intended nothing but y' which was his grieuance, but did acknowledge y' by his subscriptions he did patronize both the writings. It being demanded of him whether there was any thing in it y' he did not detract or recant, or y' he did still owne it, but he stood still to justifie himselfe ; then j" first writing was read to him which consisted of seuerall heads, but he stood much in his owne justification, but being put vpon giueing his reasons, as is pi-tended in y« writing they was ready to doe, he euaded, & desired time according ,to law to giue answ"^ & consider of it, but after acknowledged y' he with some others did question with him yt wrote it whether there was "not something in it which they did not vnderstand ; it was told him that then he subscribed to y* which was beyond his compasse, he answered y* M'. Bossiter sayd he would vndertake to make it out; it was fur-- ther replied vnto him, to shew him his euill, y' he that was sworne to pi'serue & maintaine y^ hono"^ of y^ authority setled here, should doe & carry it in such a maner as is here expressed ; he still answered that his intent was onely to haue his grieuances written, then after many turiies of speech & reitterations, it was put to him about y'' maner of sending the first writing abroad, whether it was sutable to his oath ; he answered y' it was not done by his consent, & it troubled him when he heard it was done, for he feared it would be offensiue, but for his owne part he intended only to haue it p'sented to ys court & to haue an answer of it. Then y^ second paper being read, it was asked him how he could doe it, as if he [301] would haue them destroyed ; || he answered that it was far from his thoughts or desires. It was further demanded wlj^ether they was all together when it was subscribed it, he answered he knew not, but when he heard it was prepared he went to Mr. Rossi ters, & he thinkes there was three or four there pi^sent; but being asked if they desired M^. Rossit"^ to draw vp y^ second writing, he answered y' after they heard y^ court had y^ first paper & but part of it, & the principle thing left out, they considered whether it was not there way to 1662] JUEISDICTION OF NEW HAVEN. 433 p'sent y* which they had prepared, & some suggested whether they should not adde something to y« former, but he being asked whoe it was, answered he knew not, nor could sware y' M'. Rossit' writt itj but for his part he neither writ it nor was ^'sent when it was writ. Then they asked him about y« ptest, whether it was done in his name, being subscribed in y« name of seuerall psons & many families in Guilford? he answered that he should giue» noe answer to it & sayd he was not bound to accuse himselfe. But Thomas Stephens being after accused by Richard Hub- ball, as one y' drew him into this busines, did confesse y' he now sees y' he had done y' which he ought not to haue done, nor should haue done it if hee.had considered it, & y' he was sorry for it, & desired to haue it passed by, & confest y' he had grieued y« spirits of those among whom he Hues. It being demanded, (y' seeing he was looked vpon as one of y^ heads in this matter,) whether he would relinquish these things ? he answered y' soe farre as they were any blemish to y^ court (^ any member of it he did. Richard Hubball called for examination, was told by ye govern'' y' it was y^ courts pleasure to haue those called whose names was subscribed, & therefore desired to know whether he owned these subscriptions? he euading a plaine answer, , not being able to write himselfe, but being asked whether it was not with his consent ? he answered y' there was such a paper shewed to him & hee asked if they should set his hand to it, to which he ansyered if they would they might, y^ first paper was y' which John Benham spread, & y^ second was after y° courts declaration, to which latter he sayth he remembers y' he allowed not his hand to be sett to it ; but being further questioned, whether he joyned in y" contriuance of them ? he answered he had noe hand in y" contriuing of them, but M"'. Rossif drew vp y^ first, & they desired him y'. if there was any thing in it to cleare y' he would be at court to giue answer, & he further sayd yt they could not haue subscribed it had not M.'. Rossif vndertooke to manage it, & he pmised to make proofe of it. It was alsoe ppounded to him whether he was any of those families in whose name the ptest was subscribed, 55 434 REC0ED3 OF THE [1662 he answered not as he knew of. He was also asked whether he did now retract w' he had done, or stand in y^ justification of it, or was sorry that is soe spread abroad in y° country to mak'e such disturbance as it hath done at Stamford & South- hold? he answered that it was only his desire to haue w' our law did allow & noe more, & whateuer is else, it was besides his intention, & he doth renounce & disowne it, & is sorry for any thing beyond this. John Bishop was called, & told y' y° court being mett about some other occasions & haueing beehe excersised w"i some aflicting excersises by some pap'"^ sent abroad, & to which they find his name, desired to ^ whether he owned his hand. He answered first by way of euasion y' he did not, for he could not write, & desired proofe y' he gaue order to any to set his hand to them, but afterwards granted y' he gaue his consent to set his hand to both y^ writings ; and being ques- tioned whether he contriued them, he denied it, & sd if it be [302] y= paper as || he thinkes it is, it was brought to him by Mr. Kossif^ & read. He being asked if he still owne them & will stand by them or now detract, answered that if there was anything of disowning y« gouernm', he did ytterly disowne it, & sd he neuer vnderstood it soe & therefore would haue noe hand in it, for he had alwayes practised contrary. He was then told y« substance of y° writings & y' it was a season now to expresse himselfe if he had anything to say, for they had met w"" this busines both from Stamford & Southhold, & y« rice of it was from them ; he answered he neuer vnderstood it as now he doth, he thought not a quarter of it, therefore sees he was meerely drawne in & did now vtterly renounce & dis- owne both y« writings, he only desired to haue y' which c lawes allow. Wiilm Stephens was called, & asked if he would owne his hand to those two writings; he did owne them, and being asked if he had any hand in y^ contriuauce of y", he answered he neuer see any of them till they was done, he supposed they vnderstood who did them, he neither gaue order to haue them done nor knew of them till they was brought to him & read, which was done by M^ Kossif^ at his house. He was asked 1662] JUEISDICTION OP NEW HAVEN. 435 if lie disowne y^ gouernm', he answered iioe, nor neuer did,- nor had any such thought, for he onely intended to desire that which 0"^ law did allow, & what is more in y° papers is beyond his intentions. He was told that he had done all this after he had taken y° oath of fidelity. Sam>' Kitchell informed the court y' W" Stephens desired him to goe & speake to the gouern' to put out his name out of y« writings, & the gouern' answ"'^ him y' if he would come & doe it himselfe before wit- nesse he might, but he could not doe it himselfe; but he came not. Tho: Cruttenden was called, & told y' they had not called him for accusation but for examinatio, & first asked him whether he owned his subscriptions to those two writings ? he answered, yea he did ; then he was asked whether he framed them or was done by some oth"' to his hand ? he answered y' he had but litle time & therefore could not giue his answ, but being further questioned about y^ sending y" abroad, & whether he was able to make good y° things spoken in thois writings, & whoe the psons were y' they asperse & charge with vnfaithfuUnes, &c, he after many turnes of speech did answ"^, ' y' he had noe hand in sending them abroad, but he thinkes Jn° Benham had it at there towne, but he knew not whoe gaue it him, & for ye psons aspersed, &c, he knew not, but this he could speake, y* he would say nothing to the defamation of this hono'''^ court or any member of it, & y' it may be y' in a grosse writing there may be some particular expressions which they did not vnderstand, & sd it was his weakenes to set his hand to any thing he vnderstood not, or y* he did it inconsid- erately, but sd y' MCKossit' drew vp y° first writing & he api'hended yt the/nad liberty from -f hono"^ gouern', in y^ p^sence of M"". Fiich to expresse their grieuances, ye substance whereof was in yt writing. Then the gouern' asked him if w' [803] he had sd before M''. Fitch was not || to this purpose, & related as before to Tho: Stephens, whicli he did nqt deny ; then he was told yt in stead of that they seeke to rase p"" fun- damentalls & cast aspersions vpo sundry, & soe send it abroad to their defamation whose hono''s th^y was bound to maintaine & pi'serue, this wee take as vnkind & vnneighborly dealing 436 BECOEDS OF THE [1662 with vs, & not sutable to j" fidelity to which they was sworne, therefore he was wisht to consider how it would stand with his oath ; and then after the court had answered their first wri- ting w"" modesty, now vpon this they come w*'' another paper & tread vpon ts, & render ts Canaanite like, & you expecting Rahabs fauo', & this from you that are o"" neighbors, who should haue beene succour to vs if there had beene humane fraylty apeared in any of vs. He was further asked''if he still owne it or was sorry for what he had done ? he answered y' soe far as the things may be requested by them & granted by y« court he did still continue his desire, and being a&ked fur- ther about y'' ptest, if he had any hand in it or did owne it ? h sd he could say nothing to it. John Rossif was called, & the gouern"" told him that y« court calls for an examination of him now he being in durance, & it was told him how he had answered to j" marshall aboiit paying of his fathers rates when his father was from home in an incouraging way, but y^ marshall goeing after his father was come home, hopeing he would haue made good w' he had sd but finding such opposition as they found ; vpon the returne of y^ marshall with the testimonies of other y' was with him, the gouern"' sd he thought it high time to suppresse these things, & vpon this ground he gaue forth a warrant to appre- hend & arrest you & your father, to be secured tiU ye court could heare & examine y® case, & soe they brought yo"" father & you to his house, & after some speech they was sent to New- hauen, to be kept in durance. He was told y* now he was called to giue in his answers to this or any oth' miscarriages mentioned in ye warrant, & for y^ first case whether these things was soe or no ; he answered that he should be loath to answ quseries, but if there be an indictm' & proofe, he should giue his answ^ He was told that they knew noe inconven- iencie it would be to him, possibly it might pi^vent a formall indictmt ; he answered y' it would be an infringem* to them of their libertie, for if they had beene examined at Guilford they should haue knowne w' they had had to answ for. The gouern' told him y* such a testimony giuen in to him under soe many hands he thought sufBcient to doe as he did, till the 1662] JURISDICTION OF NEW HAVEN. 437 court could examine y« matter, but he refusing to answ w"'- out a charge layd against w"" y^ witnesses, he was told that the forme of his charge was in y° warrant, tIz:, resistance and contempt of authourity setled, &c, now first for his fact of resistance of authority, which was the occasion of comitting him, whether he would owne it or noe? he was told y' ye worst they wished him was y' he would see his euill & depart [304] from it, || but he refusing to giue answ' till he heard w' y® witnesses would say, they was then called, & first Jn" Scran- tum y^ marshall spake as folio weth, that y° treasurer brought him two warrants, one for y" jurisdiction & one for j" towne, to streine for rates of y™ y' was behind, whose names was on y* backside of y* warrants, & M"". Rossit^'s name was in both, soe he went to Jn" Rossit', (his father not being at home,) & read the warrants & the suines ; Jn° Rossit' being asked if this was soe, he answered yea, & yt he did not question but his father would pay y* towne rates, (for he had heard his father say soe,) if they would stay while his father came home, and further Jn" questioned whether they was his fathers suines,*& they told him his father should bring in an account of his charges about y Colonells, & further yt Jn° said he would goe to y« treasurers about it, & ye treasurer sd he did soe, & told him at smiths shop y' if cattle would doe he did not question but they would be payd, to which y* treasurer answered y' he thought they would, & if they would choose one & he another they would doe something y' way ; but this latter part Jn° Rosseter denied, & said he had not power to dispose of his fathers cattle. Then y® marshall further related y' when ye treasurer told him y' there was nothing done in it, he tlien went to distreine, (M^. Rosset' being come home,) & hearing there would be resistance, he tooke with him some to assist him, & soe went to M'. Rosseters house one morning, & he coming out of y* doore he told him he had two warrants to him in both which he was as one behind in paym' of his rates, & soe reade y™, & sd to him if he would make p'sent pay he should not distreine, but M'. Rosset"" answered he would not pay it then nor next morning neither,* then y* marshall he * Mr. Eossiter had refused to pay rates for his person and horse, on the ground of his being an allowed physician, pleading that the laws of nations exempted such from 438 RECORDS OP THE [1662 went away to take two cowes & told the men y' was with him which they was, & as he turned away he heard Jno Rossef say y' they should haue noe cowes there, & then came & tooke vp an axe, & went to the gate, & told vs we should haue noe cowes there. Jn° R: being asked whether he owned y' he soe sd, answered yt there being a gap in y^ fence, supposing they would haue droue out ye cattle there he tooke vp an axe to goe to stop the gap, & sd they should driue out noe cattell there. -This testi- mony of ys marshall, Wtn Stone & Richa: Bristow, being giuen in vpon oath in M^ Rossef^ examination is omitted here, but haueing all spoken, Jn^ Rossef owned it as legally prooued, & the issue Was y' y« cattle was left. Then he was further told of his sinfuU carriage in seuerall expressions when they was app^hended, & Sam" Kitahell testi- fied y' -f first thing he tooke notice of was y' without the doore Jn° Rosset^ sd, y' the app'hending of them was but a character of w' was like to follow. To this Jn° Rest' sd he shguld not answ"^ to it. 2. Sam" Kitchell saith that he mani- fested expressions w"" rejoicing that they was app^hended, & sd it was that which they long desired, and after they came into y^ house there was more spoken ; goodm Bartlet, whoe was there pi'sent, moued to Jn° Rosset' why they tooke such a course, to strike the marshall as his father had done, he thought they might taken a better course to haue vindicated themselues; Jn° replied may he not resist a theife when he comes into the yard to take away any cattle or goods, he would knocke him downe. To this within y® house Jn° Fowler & W™ Seward testifies y^ same ; now to this Jn° Rosset"" sd, y' he owned it as legally prooved but would not accuse himselfe. [Two leaves, containing pages 805-309, are here wanting. Page 309 is blank, as also the greater part of page 310.] personal services and their estates from rates and assessments — that they were not required in the Bay, nor in New Haven of the French doctor and Mr. Pell, nor had been demanded of him while he lived in Connecticut. A letter of his, concerning his difficulties with N. H. Colony, to Gov. Winthrop, is in Sd Mass. Hist. Coll. x. 73. We may safely presume that the " charges about the Colonells," mentioned on the preceding page, refers to charges incident to a search for them, and not at all for their maintaimmce, and that it is not reasonable to suppose that the Regicides were at any time concealed by Mr. Eosslter or his son, as Dr. Stiles had inferred from this passage Stiles Judges, pp. 91, 94. The Colony would not have ventured to support them pub- licly, and Mr. Eossiter stood for the King, and had disowned the authority of the Colony of New Haven. 1662] JURISDICTION OP NEW HAVEN. 43d [310] II As an addition to y^ printed law for y® nomination of magistrates, it was now ordered, that in case there be not a nominatio for magistrates in season, according to order, from y° seuerall townes on y^ maine, as N. Hauen, Milford, Guilford, Stamford & Branford, to y° number of three as an a;ddition to those now in trust, that it shalbee in y^ power of y* freemen then p'sent at y" election to nominate & choose three to those of yt" now in trust that shalbe then chosen, if tKey see cause. This to stand in force till y" court see cause to repeale it. [311] At a Court op Magistrates, held at Newhauen FOR the Jurisdiction, the 26"' of Mat, 1662. Present, the Gouern', Deputy Govern', M'. Pen, M'. Treat & M^ Crane, Magistrates. John Sheather was called for examination & was told y grounds of it was y* they find his name set to two writings, ope of which hath beene spread abroad to j^ greife & disturbance of many in this colony ; now whether he owned his hand ? He answered y' he soe farre owned it as was his honest intent, & he vnderstood y® pap contained nothing else but y' which was lawfuU for ciuill men to desire, but now he sees there is some- thing in it which he did not vnderstand, & for y® contriuance he had one of y« least hands in it, & he could safely say y* there was not such forwardnes in him as some others but rather some words of repulse. He was told y^^ 8 parts of ye first writing, first, concerning y* liberty which o"^ lawes allow, he answered y' that was all he desired. 2 pt was y' they see noe whoUsomnes in o"^ fundamentalls, &c, to this he answered that he could safely say he had neuer such a thought, nor could owne it, for he vnderstood not y' passage. 3 pt was theire charging of some psons w"» vnfaithf nines, &c, he answered he could cleare all this court & he thought all y« court before them, & he hoped they would not bring him into a snare. He was then told that he was sworne to vphold those lawes which he saith is vnwholesome, & y' he hath not pi'sented these to y« court before they are spread abroad; que: did the 440 RECORDS OF THE [1662 gov euer incourage to any such things as these ? he answered noe. Then the second pap was read to him, he sd he knew not y' euer he read y' pap in his life, but vpon a time coming in to a place he was asked to set his hand to it, but he forbore a great space of time, & after he did it he was conuinced y' he did it inconsiderately, &, being asked by some if he would be one to deliuer it in, he answered y™ he would haue noe hand in it ; then he did w'^ some affection acknowledge y' as they had any reflection Tpon the gouernm' & lawes, he in his owne con- science did disowne y™, & alsoe his euill in laying any asper- sions vpon any w^'out speaking to y™ first, which is contrary to'those rules, Math. 18 & Leuit. 19, 17, & for y^ future did pmise to Hue submissiuely to this governm' according to his oath soe long as he liued vnder it. The sentence of y^ court was, that he was soe dismissed as to be ready to giue further answ"^ when y^ court shall see cause to call him. M"'., Richard Lord came & p''sented M'. Rosset"" & Jn* Rosset"" in the hands of the mslrshall according to his bond, & therefore desired his bond, which accordingly was deliuered to him. M' . Pen ppounded, in ye behalfe of Tho: Wheeler & W™ Roberts, for charges about Herdman. The court concluded to allow them forty shillings out of Herdmans fine & left it to M'. Fen and M^. Treate for y® diuiding of it. And noe fur- ther testimony coming in, in y® behalfe of Herdman, did order y' y« rest of y« fine be forthwith required. Jacobus Loper haueing some goods as by a bill p^sented by Mr. Gibbard appeared valued to 02i', 02% 04^. The court [312] concluded that the || marshall of Milford being payd out of it, the rest is to be be returned to the jurisdiction treasurer. William Potter was called before y« court to answ^ to w' charge or accusation as they vnderstand from examination is layd against him, viz: that he hath comitted y® sin of bestiality Tpth sundrie creatures. The Gouernf told him, that first he must mind him of his carriage before y^ magistrates when he was examined, that 1662] JURISDICTION OP NEW HAVEN. 441 when you heard w' your wife & son testified to yo"" face, yet you was not affected as you should haue beene, whether true or false, but stood in a stupid way, making deniall of w' was testified y* they could not fasten it as a charge against him, yet told him y* y^ puidence of God was soe strange in it, (his neare relations thus charging of him,) y' if he was guilty God would bring it forth to light, & soe, w"' as much solemnes as they could, left it with him & alsoe with M^. Gilbert to gaine any further discouery as he could ; and now it seemes since, (it may be by some better dealing w*'' him in y^ busines, & Gods jealousie against him,) God hath brought it forth out of his owne mouth; and seeing the church hath done their duty, which they well approued of, they as ministers of justice call him to account, to speake the truth in y^ case, & deale plainely, as standing before the great God of heauen & earth, his judge & theirs, & to make acknowledgm' of y" facts, how, when, & with what creatures. He answered y' first w° he was before y« magistrates he answered with a distinction, & thought their testimony could not take away his life, but being before y« church & helped ouer something y' stucke w"" him, he did confesse & judge himselfe worthy to be cut off from among men & to be giuen ouer to be among deuills ; and now he confessed more pticu- larly, the first time he sd was in old England, at prentise, w" he was about eleuen yeare old, & after when he came to New England these temptations followed him, though sometimes they left him some yeares together, & then he thought God did worke vpon his soule, & y« temptation left him a great while, but after he coming to liue at M'. Gilberts farme it returned againe, & he acted with a cow which is now gone, & after coming to his owne farme his lust followed him, though he thought he should haue got power against it, & when ye man was hanged for ye same act he was much startled, but after still y^ temptatio went on, & it strooke a dampe vpon his spirit y' it was not right with him, & there he acted first with a bitch, which he hanged thinking he should be free from y^ temptation when she was gone, but it still pursued him, & he acted this wickednes w"» two sowes, one of which was y' of 56 442 RECOEfis OP ME [1662 which his son testifies, there is alsoe a yeareling heifer, a two yeare old, and a cow y' he had beene vilely naught withall this spring, alsoe three sheepe, of which he sd he told his wife which they were ; these was all he sd, only his attempting with his old mare which is now dead ; & then confessed y* he had gone far from God, but prayed, & desired theire prayers, y' he might not goe further from him, and desired to haue w* meanes might be affoarded for his euerlasting good, acknowl- edging the Lord to be righteous whateuer became of him. [313] II He was asked with w' he couered these wicked courses ? He answered that he went on against the checkes of his conscience, & did not consider the compasse of his sin, he had some dislikes of it but was ouercome still, & when his son discouered him, he had noe heart 1:0 speake to him, but was affected with teares, y' he, being an old man, should be a foole in his latter end. He was minded of his sin before y« magistrates, that he should speake soe against his knowne light, & of his excusing it to his wife when she told him of it. He sd he thought his excusing of it to her was a forerunner of these sins after. Much was sd by him by way of acknowledgm' of his euill, but in a confused way, as y' sometimes he was filled with horror & y* his sin lay ypon him night & day, & y' he saw such sins the nature of y™ did harden his heart, & y* he was filled w"* shame & confusion for the dishonor y* he had done to God, & y' he had caused y« name of God to be blasphemed among the heathen. He was told y* such sins was judiciary sins, accord- ing to Eom. 1, 24, when men like not to retaine God in their knowledge, they are just judgm*= of God vpon such vnder such light as he hath Hued vnder, & y' he should come to such a degree of sinning & to such an age was a thing to admiration & astonishm* of all y' heares him. He sd he thinkes now all he did was to be seene of men, though some- times he had other thoughts, yet now he hath nothing but his sin left vpon him & is discouraged, & his sins afiright him from God, though sometimes some hopes may be in him. He was asked what puoking sin he sees that might puoke God thus to leaue him ? He answered that he had neglected 1662] JURISDICTION OF NEW HAVEN. 448 duty in secret, & had not kept his watch ouer himselfe & way, & was very vnconstant in family duties formerly, though something better of late. He was asked how he was educated ? He answered, well, & was taught to reade. He was then seri- ously aduised & warned to take in ye agravations of his sin, for he had beene a continuall liuer in this sin from his child- hood, & that he had beene exceedingly hardened in it, y' he should goe on in it after he saw others put to death for the same acts & such like, & was told y' his sins was wonderful!, therefore was wished to be serious about repentance, & to take heed he did not word it out to the last. He was further questioned, y' seeing he had acknowledged more then was charged against him, whether he had not defiled himselfe with any woman besides his wife. He answered noe, neither with woman, mayd nor child, y' was certaine. The Court haueing considered the case pceeded to sentence, & first read the law to him, & then y^ govern' asked him if he had any thing to say why. the court should not pceede to judge him according to y^ law. He answered noe, but his great matter was betweene God & his soule, to desire him to giue him repentance. The Govern' then declared, that seeing it is soe, they could doe noe otherwise, and he therefore in y^ name of y^ court did declare to "William Potter that y^ law read was y^ sentence of y" court, to be executed vpon him, viz: that he be hanged on a gallowes till he be dead, & then cut downe & buried, & the creatures with whom he hath thus sinfully acted to be put to death before his eyes. He answered y' he had in himselfe y^ [314] sentence of death before. || For the time of his execu- tion, it was left to y* magistrates of Newhauen with the advise of the elders.* Sam^i Plumbe apeared to psecute an action entred by him against widdow Pennington of Newhauen, in Octob. last, con- cerning a stray beast which she had tooke vp & killed disor- derly, & he ap'hended it might be his, he haueing lost such a one from Conecticott, which he had droue vp thither to be * Mather, who gives an account of this case, Mag. B. vi. Cap. y. Ap. ili. states that he was executedjon the 6th of June. 444 EECOEDS OP THE [1662 wintered, but after neuer had it againe ; tlien he pf sented a coppie of y^ record from Milford where she was tooke vp, which is as foUoweth, A description of y^ stray taken vp by Tho: Welch of Mil- ford w"i her age and markes, w"* valuation thereof, — she is a blacke heifer judged to be but three yeares old, marked w"* y« top cut off y^ right eare, & a litle hollow in y° top of y° left eare. Note y' since this beast was taken vp she is branded w"' (S) on y° left home & she hath a with about her necke. Valued by Thomas Wheeler & Daniell Buckingham at three pounds & ten shillings, this 4"' of May, 1660. This is a true coppy of y® publique record in Milford, taken this 27"i of May, 1662, p me, Rich: Baldwin, Secretary. Sam'i Plumb, to prooue that he lost such a one from Coiiecticott, p'sented y^ testimonies following, viz'. The deposition of John Belding, aged about 27 yeares, the sd deponent saith that he had a heifer of Sam" Plumbs in his keeping, which was of a blacke coulor & wide homes, & as they remember shee had some white vnder y^ belly, this heifer was two yeare old in y^ yeare (59,) k strayd away from Weathers- field in Aprill on y^ yeare as aforesd & was not seene after- wards in these parts nor heard of, & was in good flesh when it went out. Taken before me vpon oath, Richard Treat. Feb. 16, 1661. The wife of John Belding doth testifie the same vpon oath. Then widdow Pennington desired goodin Johnson might speake, who sd as foUoweth, viz: Richard Johnson sd that he marked this beast for her when it was young, & was y^ same which this had, & further said y' it had a priuate marke by ye bag which, when shee brought this beast & owned it, he sd before they catched her yt it was hers, it had a white place by y^ bag, & after they catched it soe it prooued, but y* which she challenged was to be 4 yeare old when it was at Milford, but Tho: Welch sd y* this had not cast y= tips off its homes, and further sd yt he thouglit she had lost it if it was hers, taking of it & killing it soe disorderly, but she pleaded being a widdow yt w* shee did y' way it was ignorantly & was sorry for it. The govern' declared yt there was disorders on y° womans part which did speake against her right & deserued penalty, but there was more agreemt in y^ markes of this & the womans' then there is of Sam" Plumbs, but there being some differanc^ 1662] JUEISDICTION OF NEW HAVEN. 445 in y^ testimonies of widdow Pennington about y" age, the court concluded as things then apeared that she had lost her right & was to be responsable for her, & in reference to Sam", that he bring in furth' proofe anoth' time. But afterwards the case came againe to be considered & Sam" Plumb pi^sented y° testimony of John Ward of Branford & of his wife, w^ii are as foUowes, John Ward testifies that he helped Sam" Plumb to driue two blacke heifers to Connecticott, that was two yeares old comeing, afterward he was at Connecticott & saw them in John Beldings yard. Goodwife' Plumb testifies that her husband droue vp two heifers towards Cofiecticott that was of their owne breed, & had but one of them againe. These was attested vpon oath before y° court. Widdow Pennington alsoe p'sented further proofe, as first John Thomas, whoe declared that he did thinke really-that this was the womans heifer, & to this tooke oath & gaue his reason, for he lost a heifer of the same age & he tooke this heifer vp & brought her home & thought it had y° same marke as his yt is cropt off on the right eare, but desiring Serj' Boykin [315] II to helpe him catch her [& then they found she had a litle bit] cut off on y^ other eare they ap^hended wti" a knife, & they both concluded her to be 4 yeare old past, she had a wrinkle on her home & noe tips then, & he sent to goodw: Pennington to tell her of it, & a litle after she chal- lenged her, & he knew that shee wanted such a one. Richard Johnson further sd that shee was judged to be 4 yeare old by some that catched her, & y' he himselfe knew her from a calfe & marked her, & that she had a priuate marke as before, & now vpon oath attested that that was widdow Penningtons heifer which she tooke vp & killed. John Coop' informed y« court alsoe how it was pbable shee was wintered yt yeare she was lost before she went to Milford, for there was intelligence of such a heifer afterwards seene in a mans yard at one of y« farmes. John Winston & Roger Ailing sd y' they being desired to looke on her & judge her age, & there was some others w"> 446 BECOEDa OF THE [1662 them, it -was in July, & they all concluded by her age that it was her heifer. Sami' Hodgskin testified y' at the beginnig of spring, when he began to keepe cowes, he saw such a stray with a (S) on her home, & she went with him y' suiner, & y^ woman came & enquired of him for her, & desired him to take care of her & put her into the quarter where her land was, when it was open, & soe he did, & after the quarter was done shee went out into the woods, & she desired him to looke her vp for her & soe he did, & withall the woman told him y' she had got some of her neighbors to look on her & they hadled her & judged her to be her heifer. Sam" Hodgskin furth"" sd y* the maner of y« head of y® beast was like the dame of her which he kept, - crumple horned & not broad headed as is sd of Sam^i Plumbs. The Court heareing w' could be sd on both sides did by way of sentence declare, y' by the euidences p^sented widdow Pen- nington had clearest right to the heifer, yet considering how disorderly she tooke it vp & killed it contrary to law, & soe Sam'i Plumb disaduantaged to cleare his right & occasioned to him more trouble and charges then otherwise he might haue had, therefore did order that widdow Pennington pay vnto Sam" Plumb fifteene shillings & alsoe beare the charge of y^ action which is ten shillings. A writing p'sented for ye last will & testam' of Serj' Tho: Jeffrie late of Newhauen, deceased, but wanting due form & date, it being alsoe ill peiied& spel'd & thereby found difficult to reade, could not be legally proued, yet being written (with his owne hand) & subscribed (as was conceiued & vpon oath attested by Leiftenn* John Nash to containe ye last will of ye deceased (to ye best of his knowledge) according to ye true meaning of it, which in a writing deliuered in is by him expressed, it was ordered y' accordingly y® estate of y^ deceased shalbe disposed off. Prooued in court at Newhauen, Decemb. 3^, 1661. The writinge before mentioned was alsoe pi'sented & read & by this court ordered (vnto w' Newhauen court had done) that (considering y^ many defects in ye will) those who receiue 1662] JURISDICTION OP NEW HAVEN. 44T y° estate doe giue in security to Newhauen Court to be respon- sable for soe much estate to any y' shall lay a better claime. An inuentory alsoe of y* estate of Serj* Tho: Jeffrie deceased, taken the 2^ of Decemb. 1661, apprized by Leiftenn* John Nash, Wittm Pecke & Roger Ailing, amounting to one hun- dred fifty two pound seuen shillings & three pence,- besides an axe & an old saw y' was not suined, there was alsoe diuers debts due both from & to y« estate not fally cleared ; prooued in court at Newhauen January T"', 1661. A writeing p^sented as ya will of Rob' Johnson late of New- Hauen deceased, witnessed by Wilhn Bradly & Cristopher Tod & subscribed with his owne marke & testified by y^ witnesses aforesd to be made about the Sl^^ of Octob: 1661, (it haueing noe date,) prooued in court at Newhauen the S"* of Decemb: 1661. Alsoe an jnventory of y« estate of Rob* Johnson, taken y^ 26"» of Novemb: 1661, apprized by Wiilm Bradly & Christo- pher Tod, amounting to three hundred sixty six pound seuen- teene shillings & a penny, 3)rooued in court at Newhauen, Decemb: 3d, 1661. An inuentory of y' part of y« estate of M'. John Wakeman (lately deceased at Harford) left within this jurisdiction, with certaine debts therein included due from some at Stratford, taken the 21'^ of Octob: 1661, apprized by Roger Ailing & James Bishop, ainounting to 299^', 17^, 09'', prooued in court at Newhauen Octob: 30th, iqqi* * The original -will of Mr. Wakeman is on file in the Probate Office in Hartford, and is as follows, " I, John Wakeman of Newhauen being weake in body, but of sound vnderstanding and memory, in expectation of my great change doe make this my last will and testa- ment. First, I oomend my soule into the hands of my Lord Jesus Christ my redeemer, trusting to be saued by his merits and intersession, and my body to be biu:ied at the discretion of my executors and freinds, in hope of a loyfull resnreotion ; testifying my thankfuUnes to God for the free manifestation of his grace to me in Christ, and for the liberty and fellowship vouchsafed me with his people in his ordinances in a oongrega- tionaU way, which I take to be the way of Christ, orderly walked in according to his rules, but I doe testify against absolute independency of churches, and perfection of any in light or actings, and against compulsion of conscience to concur with the church without inward satisfaction to conscience, and persecuting such as discent vpon this grownde, which I take to be an abuse of the power giuen for edification by Christ who is only lord of the conscience. " As for my outward estate and worldly goods that God hath ^uen me, which I shall 448 KECOBDS OF THE [1662 An inuentory of y« estate of W™ Blayden late of Newhauen deceased, pf sented, taken January 3 1661. [316] II An inuentory of y^ estate of Jarvis Boykin deceased leaue, my iust "debts and fanerall charges being satisfied, my will is thus ; first, I giue vnto my daughter Heliria, wife to John Taloott of Hartford, twenty pounds to be wholy at her owne disposing, and to her husband, my son in law John Talcott, fine pounds and my best beauer hatt and band, and to eoh of theyr three children flue pounds apeeoe, namely vnto John, Elizabeth and Samuell, aU to be payed within six moneths after my decease. It. I giue vnto my son Samuel! Wakemans two sons, namely Samuell and John, ten pounds apeece. It. I giue vnto my daughter Kitchells daughter Elizabeth, ten pounds. Item. I giue vnto my brother in law Adam Nicolls of Hartford my cloath oloake and the suite of the same which was my cousin John Walkers, and my grey hatt, and I giue vnto his wife, my sister Anna Nicolls, ten pounds, to be wholy at her owne disposing, and to theyr four children twenty shillings apeeoe, namely John, Hanna, Sarah and Ebenezer, all which my will is should be payed to them w^iin six moneths after my decease. It.. I giue vnto Hanna Cheeuers fine pounds, to be set apart and improued for her at the end of one yeere after my decease as my ouerseers shall see meete vntUl shee come to eighteene yeers of age (which is the tyme agreed vpon for her continuance w* me or mine) or till the tyme of her marriage, prouided shee marry w"> the consent of my executors and ouerseers, or w"" the consent of any two of them. " It. I giue to my seruant Thomas Huxley my short gun with a rest, and my hanger which he vseth to traine with, vpon his good behauiour, that is if he shall carry him- selfe honestly and faithfully in his place and seruice to the satisfaction of my executors and ouerseers, or with the approbation of any two of them. " Item, aU the rest of my estate, goodes, lands, debts, whatsoeuer, I giue and bequeath to my son Samuell Wakeman, and to my son in law and daughter Samuell and Eliza- beth Kitohell as followeth, that is when aU my debts and legasyes are discharged) (which my mind is should be out of my estate as it ariseth indifferently, and at the prises comon in this jurisdiction,) my wiU is that my son Samuell Wakeman shaU have two third parts of that my whole estate that remaineth, and my son and daugh- ter Kitohell the other third part equally betwixt them, and my will is that my daugh- ter Elizabeth Kitchell shaJl have that part of hers wholy at her owne disposing. And I doe make and appoint my son Samuell Wakeman and my son in law Samuell Kitch- eU to be joyntly executors of this my last will and testament. Alsoe I doe intreate my beloued freinds and bretheren Henry Glouer and James Bishop, to be ouerseers of this my will, and for theyr paines herein I give vnto ech of them ten shillings. And I further desire my deare and louing sisters, my sister Dauis and sister Glouer to asist my executors and ouerseers with theyr oounsell and helpe in prizing, diuiding and disposing things equally to mutuall satisfaction, according to the true intent of this my will, which I subscribe with my hand this 18"> day of the 4"" month 1660, in the pres- ence of Martha Davis, John Wakeman." Ellen Glouer. On the bach. " Thes may certifie that Martha Davis and EUin Glouer haue attested vpon oath that this is the will of M'. John Wakman lattly deoeassed, before mee, Mathew GUberte, Deputie Governor, this 2"' of 8* month, 1661." Inventory taken by Richard Lord and William WadsWorth, September 14'>', 1661, amount £157, lo, 11. 1662] JDEISDIOTION OP NEW HAVEN. 449 ■was p'"sented as taken January 23"', 1662, amounting to y« sume of 172^', 03% 04*, besides a change or two.& a srow vnap- prized, prooued before y^ court at Newhauen May 23"', 1662, vpon oath by y^widdow of y« deceased to contains y^ whole estate of her late husband to y^ valew of ten or twenty shillings, to ye best of her knowledg, & by Leiftenn* John Nash & Deacon Wilim Pecke y' y" apprizem' was just to y^ best of their light. The last will & testam' of M^ Wilim Fowler of Milford deceased, was pi'sented as prooued in court at Milford, ^ by Mr. Rob' Treate, John Fletcher & WiHm Fowler junior, witnesses, dated the eighteenth of January, 1660. An inuentory alsoe of the estate ^ M''. W™ Fowler deceased, pi^sented, taken the 8"' of February, 1660, prized by M'. Aex- ander Bryan & Michaell Tompkins, amounting to y^ sume of 408^', 13s, OO"!, prooued in court & before the magistrat at Mil- ford March the first & seuenth 16||. Rich Baldwin, Secret. The last will & testamt of M"^. John Bishop sen' of Guilford deceased, pi'sented as prooued in court at GuiKord, Feb. T"", 1660, by M^ Rob* Kitchell & John Fowler, to ye subscribing, & by M^ W"" Leete & Elizabeth Jordan y' M^ Bishop owned & allowed it soe to stand, adding onely y^ legacy therein to his daughter Steele, now vpon his death bed; dated Novemb. 1653. Wiiim Leete, Esq; Gouern"^. An inuentory alsoe of y° estate of M^ John Bishop sen"^ deceased, pi^sented as prooued in court at Guilford vpon oath by Anne Bishop the widdow & relict of y" deceased & John Bishop his eldest sonne & joint executor w"" y^ widdow, for y" quantity, & by Abraham Cruttenden sen"", Jn° Fowler & W"" Stone, apprizers, for y" just value as is therein sett downe, amounting to y® sume of 375'', 17% 11'', and taken January 7*11, 1660. Wilim Leete. An inuentory of y" estate of M."^, Sheafe of Guilford deceased, p'sented as prooued in court at Guilford August 30"' 1659, by W"" Chittenden her son in law for y^ quantity, & by Abraham Cruttenden, W'^ Dudly & John Fowler, for y^ just value, taken Decemb: I'^S 1658, amounting to y' sume of 016", 17% 00*. Wiilm Leete. A writing pi'sented as the will "& inuentory of Vincent 57 450 RECORDS OF THE [1661 Meggs, as haueing beene p''sented & witnessed (in court a Guilford, Decemb. 2^, 1658,) by John Meggs as y= last will i. testam' of his father Yincent Meggs Ypon his death bed at hi house at Homonossocke. The court not finding other proofe accepted w' was to be had & granted administracon of thi whole estate to y", sd John Meggs, with y^ will annexed requireing him to doe and pforme accordingly Tnlesse bette: euidence to y" contrary shall apeare. Dated Septemb: 2^ 1658, amounting to y^ suine of sixty two pound, secretary feei to be deducted. Willm Leete. Deacon George Clea/rke of Milford, plaint' , ) The actioi (^ John Baldwin of y^ same place defendt. ] haveing beer formerly entred, w' was formerly alledged on both sides was now read, & the plaint' desired y' James Bishop might be his atturnie, which was granted, but after many pleas & allega- tions on both sides, the defendt desired to come to composi tion ; the plaint' upon consideration for peace sake did conde scend thereuntOj & soe before y® court w"" their concurrence they came to this conclusion, the defendant ingaged to pay tc the plaint' fifteen pounds & the charges of y" action, which the plaint' accepted upon M^. Fens ingagement that this monej should be payd within a yeare after this time, w"!" M"^. Fen ingaged accordingly. [817] At a Court of Elections held Mat 28"i, 1662, ai Newhaubn, for ye Jurisdiction. The Govern'' declared that through y^ goodnes of God they had beene carried through another yeare, though with much infirmity & weakenes, & himselfe more then ordinary, yet not soe but through reflection God had brought him to y^ sight oi it, but yet was free to be responsable for any publicke transac- tion, & should be ready to giue answ to any brother or breth- ren coming to him in an orderly way, desireing to find pardon & acceptance with God & acknowledging their patience & loue in passing by any thing that hatK beene done amisse ; none objecting, they pceeded to vote. M'. Wiiim Leete was chosen GoTern'. 1662] JURISDICTION OF NEW HAVEN. 451 M'. Mathew Gilbert was chosen Deputy Governs m'" Wilim G^bbaxd I ^^^ chosen Magistrates for Newhauen. m': ST^afe^''''^' ! ^^' °^°'^" Magistrates for Milford. M"'. Jasper Crane was chosen Magistrate for Brandford. They all tooke oath, M"". Pen desired to be vnderstood as the last yeare.f The GoTern' & M'. Pen chosen Comissioners, & M'. Treat the third man, in case need require. Roger Ailing chosen Treasurer. James Bishop chosen Secretary. Abraham Dowlitle chosen Marshall. All for the yeare ensueinge. At a GenbII Court held at Nbwhauen for the Jubisdic Tioj^, THE 28"» OF Mat, 1662. Present. Deputies. The Gouern"", The Deputy Gouern'', Mr. Jones, ^ Mr. Gibbard, Mr. Penne, Mr. Treate, Mr. Crane, J .Magis- (trates. John Cooper, James Bishop, Thomas Welch, Richard Baldwin, Mr. Rob' Kitchell, George Hubbard, Mr. Richard Lawe, Leift* Prancis Bell, Leift* Sam'i Swaine, Laurence Ward, for Newhauen. for Milford. for Guilford. for Stamford. for Brandford. * Mr. Jones with his wife, the daughter of Gov. Eaton, and the rest of his family, . arrived at Boston July 27, 1660, in the same ship which brought the two regicide judges, Goff and WhaUey. On the 23d of May, 1662, he took the oath of fidelity, with the following caution, " That whereas the King hath beene proclaimed in this colony to be or Soueraigne & we his loyall subjects, I doe take the said oath with subordina- tion to his Maj'''e, hopeing his Majiie will comfirme the said gouerninent for the advanoe- m* of Christs gospell, kingdom & ends, in this colony, vpon the foundations already laid ; but in case of alteration of the gouemm' in the fimdamentaiUs thereof, then to be free fro the said oath. He was also on the same day admitted a freeman and nomina- ted to be propounded to the court of election for a magistrate. N. H. Town Eec. ii. 372. t Mr. Fenn had refused his consent to the declaration respecting Goffe and WhaUey made by the Commissioners of the United Colonies Sept. 6th, 1661, as we learn by the Connecticut MS. of their records ; the declaration is printed in Hazard ii. 451. 452 RECORDS OP THE [1661 The Court considering y* y« former order alBoUt 24 houre warning for attendance to towne meetings was sometime inconvenient, did alter it and order that if there be warninj giuen any time y° day before, it shalbe counted sufi&cient. It was ordered yt all horses & mares of three yeares old i aboue shall passe in rates at ten pound apiece till further order but this not to begin till next yeare. It was ordered y' y" custome & excise for wine & stronj liquors be gathered vp by collectors for this yeare as formerli [318] in y^ seuerall || plantations, & they to haue three shil lings in y^ pound for w' they soe gather vp for their care & paines therein. The psons apointed was Roger Ailing fo] Newhauen, Joseph Waters for Milford, John Fowler for Guil ford, John Holly for Stamford, Tho: Turry for Southhold & Laurence Ward for Brandford. Concerning some ppositions p'sented by Francis Browne o: Stamford, in y" name of seueraU as he sd, the court saw cause to answ as foUoweth, 1. for liberty for all to choose psons foi y" carrieing on prudentiall affayres in y* towne, &c, to whicli y° court saw cause to declare y' whateuer liberties or privilidges 0"^ lawes doe allow them, that they should haue. 2. And foi y^ other pposition about paying rates equally at one price in euery plantation, & j" charge of transport to be borne by the generall, it was agreed y' all the other plantations being con- cerned in it they declared that they see not cause to make anj alteration in that for y^ prsent. 3. For y" busines about y colony schoole, the court considered y^ matter & transmitted it into the hands of y^ comittee for y- busines, desireing it maj be carried on to y^ ends for which it was first setled, or if they see sufiScient grounds, then to lay it downe. And for any othei matters concerning Stamford & Greenwich, they left it to the govern^ and magistrates to issue when they come to Stamford. It was agreed (vpon y^ desire of M"-. JBishop & some others of Stamford,) that y^ govern', M^ Fen & M^. Crane should goe to Stamford for the setling matters there in controuersie. who was impowered to keepe court according to j" power oi any plantation court extraordinarily assisted, & alsoe any deputy of this court that should accompany them was impow- ered to assist them. 1662] JUEISDICTION OP NEW HAVEN. 453 Mr. Eichard Law & Leiftenn' Francis Bell were chosen dep- uties for Stamford for y° yeare ensueinge & was invested w*"" y^ same power as they had y" last yeare, taking in with them some others to assist them with the consent of y^ freemen, and for their taking oath it was (vpon their desire) left till y^ govern' &. magistrates should come to Stamford. This Court not knowing what important affayres may hap- pen respecting this colony, betweene the sessio of this & the next generall court, haue voted, & doe declare it to be their minds, that y^ govern"^ being imediatly informed thereof, repayre to Newhauen, & there consult & advise w*'' the magis- trates & elders of that place & of Brand ford what is fit & safe to be done in such an exigence, & to act & doe accordingly by the major vote of such magistrates, vpon such concurrent aduise of two or more of y" elders, & to call in the aduise of y^ magistfate or magistrates of Milford or any other towne in this colony, provided that the gouerrf & such magistrates pceed not to treate or conclude any thing y* may haue tendencie to change of y° present governm*, without a generall court be first called by advise of such counsell. Wherein this court prom- iseth to stand by the sd govern' & magistrates soe acting as aforesd, & not otherwise. [319] IJ Mr. Samuell Wakeman desired to ppound something to y^ court about some monies stopt by y'= jurisdiction treas- urer which was due to his father from y^ jurisdiction, first con- cerning fine pound eight shillings that was brought to account after the auditt; the matter appearing cleare, onely forgotten by M'. Wakman then, the court did allow it. 2. Coricerh-. ing the wampom giuen in as jurisdiction stocke to y= deputies for sixty foure pounds, M^. Rosseter & his son to bring him to some acknowledgem' of euill; they did each of y™ p^sent a writing to the court subscribed w"i their owne hands by way of acknowledgem', but y^ court finding them to come short of their expectation did adde some expressions by way of imendaco & returned them backe & concluded yt if they came vp to them ingeniously they would accept them, they leaning it to the court to giue satisfaction for the charges expended about them, but after M'. Rosset^ & his son had [320] pvsed the writings they came to y^ || court & sd, (first M^ Rosset%) that he had pvsed their paper & he could not 1662] JURISDICTION OP NEW HAVEN. 465 accept it w^'out "wronging himselfe, & therefore desired ye court to pceed to his triall, for he should rather submit to y^ censure of y^ court ■w'euer it be then to subscribe to that -writing. The Govern"^ answ^ they should consider of it & giue him an answ^ Then Jn° Eosset' sd he had subscribed to y' which was sent to him & desired it might be accepted, but they both being conjoined together the matter was left to a further considera- tion, and in y* issue the court concluded to leaue it to a comittee of six of y° naembers of y° court, with y^ aduise & concurrence of y* elders then present, & the issue to be ratified if foure of those six agree with the aduise & concurrence of y^ elders aforesd, (the psons agreed vpon was the govern', M"^. Jones, Mf. Fen, M'. Treat, M'. Crane and Richard Baldwin, the elders were M^ Davenport, M>. Street and M'. Pearson,) but the comittee was told by seuerall of y^ court that it would neuer be satisfieing to y^ country if something was not obtained for y® defraying of charges & expenses. Soe after y° comittee had debated j" matter with M"". Eos- set' & his son in y" p'sence.of M'. Allen, M'. Willis &'the elders aforesd, they brought as the result & conclusion of the matter vnder the hand of y^ gouern"", viz: That this gen" court haueing considered y^ contents of the paper within written did apoint a comittee of six members of y" court w"' y" aduise & concurrence of the elders then p'sent as aforesd, which coinit- tee (in y" p'sence & by the mediatio of M'. Allen & M'. Willis who had long waited, laboured & desired to see an issue in y« busines with M'. Rossef depending,) did with consent of the aforesd elders & their concurrence accept of y° acknowledgm' & pmises of M'. Rosset' & his son John, set downe in this & another paper ynder the hand of John Rossit', together w"i their solemne engagem* made not to act any thing of psecutio or molestation against court or courts, officer or officers, or other psons belonging to y'^ colony of Newhauen any where to disturbe their peace, without y^ advise & consent of M'. Allen, M'. Willis & M". Streete, (M'. Davenport was alsoe after added,) who pfesse themselues to be o' friends as well as his. 466 RECORDS OP THE [1661 & friends to peace, in respect to whose labo' of loue & paines as alsoe for M'. Eossit" further conviction & better carriage the comittee thus did condescend. Their acknowledgm* follow, Whereas much trouble hath ensued vpon his deniall of thi p'sent gouerm* of Newhauen, he did see cause to owne y' ii seuerall passages & expressions he had been very rash & incon siderate, &, he could freely say, offensiue, & he was truly sorr that he had had noe better rule of his owne spirit, & he wa very sorry yt he did soe suddenly take occasion to decline thi good & seasonable counsell & advise of M"". Davenport, whicl he honored, & resolued ag^t when he came to y^ court, soe fa: as any writing hath been giuen forth by him to pmote an; vnjust or publicke disturbance, & for y« future he resoluei against the disturbance of the place & gouerm', & to submit t( it for future, whiles he continue vnder it, & he hoped the can dor & clemency of this court in accepting heereof will no repent them. Bray Kosseter. May 27, (62.) [321] II Whereas besides some offensiue expressions & car riages against the authority & lawes, there hath beene witnessee some speeches of mine either against the church or any persoi or persons in Newhauen, I doe condemne such speeches a scandalous & very offensiue, & shall acknowledge it according to rule vnto y^ persons injured, desireing pardon, promisinj and resoluing (w^^ Gods helpe) to be more watchfuU agains any such rash & puokeing expressions for y^ future, and doi pmise to auoyd any disturbance of y° publique peace & gouern meut of this jurisdiction, and to submit to this gouerment whiL I continue in y^ jurisdiction. John Eosseter. There being noe deputies come from Southhold to this courl the court taking theire state into consideration agreed to senc the two following orders by the hand of Thomas Turry, whicl -was done, viz: This Gen^' Court now assembled, after some expectatio o your deputies cominge ouer as formerly, were vpon Thoma Turries arriuall giuen to vnderstand that there was not an; to be expected at this session of y" court, wherevpon this gen' court for j° colonyof Newhauen tooke into consideration (afte they had consulted with y^ sd Thomas Turry,) w' migh pbably best conduce to the good of Southhold, and in orde wherevnto they haue by this court chosen M"^. Wilim Wells i 1662] JUEISDICTION OP NEW HAVEN. 457 Capt' John Younge comissiort'^, w"! three such othi^s of yo^ freemen as by y° sd freemen shalbe chosen assistants vnto them, and which shall haue y" same power to appoint &, keepe courts for y« triall of all cases in Southhold for this yeare ensueinge as oft as they shall ordinarily or extraordina- rily judge needfull, according to the same commissions granted Tnto them y« last yeare, and whoe are by this court authorised to administer their oathes one of them Tnto anoth^, & either of y« sd coinission'^^ vnto y® rest. To ye Deputie or Deputies of Southhold. Whereas y^ Gen^i Court for this Colony now sitting at New- hauen are informed y' seuerall psons of yo"^ towne & plantatio haue refused to pay their rates layd & demanded according to the lawes of this jurisdiction, you are therefore hereby, in y« name of the sd gen" court, to aske, demand & require y= sd rates of them & euery of y™ who are yet behind, & pay the same into y^ hands of such as are apointed by you to receiue y« said rates & to returne y« same to y^ treasurer at Ne_w- hauen ; and for default of siich paym' to returne the name or names of such person or psons soe refuseing to this court to be pceeded against according to law. Francis Browne of Stamford desireing of ye court both for himselfe & in y^ name of diners of Stamford as he sd, that they might haue y« helpe of y^ gouern"^ & some magistrates to keepe coiirt at Stamford, for y^ issueing of some differances there, he being asked whoe should beare their charges? answered that they would doe it. [322] {{ It was ordered yt a single rate be leuied from all y^ plantations & pprietors of Paugausett to be payd into y^ juris- diction treasurer att New Hauen in such pay, & at such prizes, & at such time as formerly. Which is thus pportioned, New Hauen, 741 02= 04d. MiJford, 46 02 08. Guilford, 31 10 06. Stamford, 24 19 08. Brandford, 14 12 OBJ. Paugausett, 01 18 05. 193 06 03*. Southholds pportion was not brought in. 68 468 eeooeds of the [166! At a Meeting op y^ Oomittbb foe y^ Colony Schools, a New Hauen the 18'^ of June, 1662. The Comittee considering of y* busines left to them abou y® laying downe or continueing of y^ colony schoole, afte serious debate of the busines did thus conclude, that findin; not sufficient grounds of discouragement at p'sent soe as t lay it downe, did leaue it to goe on for further tryall, vntill th gen" court should againe meete, desireing that those who haue any children fit to send that they would send them to i for y^ incouragem* of y« schoole. At a Oouet op Magistrates held at Newhauen the 15' OP Octob: 1662. Present, the Gouern'^, De: Grov, M^ Jones, M'. Pen, M' Treate & M'. Crane. Taphanse an Indian was brought before y^ court, whoe hat! a long time since lay vnder a suspicion of being guilty of y death of one John Whitmore of Stamford, but by his fliein| (as was informed by y« govern'") hath euaded coineing to i triall, taut of late haueing intelligence that he might tae takei the gouern"^ sd he gaue order for his appi^hending,- accordinj to the order of y"^ comission'"^ formerly, which was accordingl done, & hath been kept in durance for some space of time The goueiyir alsoe informed y^ court y' he had acquainted y coraission>"s lately w"" what was done, which they well approuei & desired y'' matter might be brought to an issue concernin] him, for which cause he was now called before y^ court, i there was M'. Minor pi^sent to be the interp'^ter betwixt them who first informed j" Indian vpon w' account he was there, t^ p^uent any p'judice against him ; then he was wished to tel Taphanse that y^ court was met to -attend the busines fo which he was examined about at Stamford, then his examine [323] tion taken at Stamford was pfsented & read, || the: some questions was put to him vnto which he was to giu answ^ 1 Que:, whether he was guilty or not guilty of y 16&2] JURISDICTION OF NEW HAVEN. 459 death of Jolin Whitmore. He answered not guilty. 2 Qu. then why did he fly away ? He answered y* he did not run away, but was sent to y place where the murderer was & did not at all run away. The gouern' told him y' y' was not according to his form"^ answ', for he being with some others giuen them y« slip. Taphanse desired that y' might be cleared, for which some testimonies was read, & first the testimony of John Mead, which is as folio we th, viz: That he beiag at goodman Lawes house about sunrising y^ second morning after goodman Whitmores missing, in short time after him Taphanse came in & told goodman Law y' Ponas had sent him, & told him y* there was an English man killd, goodman Lawes askt him where it was y* j" English man was kild, Taphanse answered y' he knew not how far off, whether ten, twety or thirty miles off, but pointed to goodma Law y' it was vp the riuer ward, Goodman Laws askt him^ whoe or w' Indian it was y* killd y^ man, Taphanse sd it was an Indian y' liued vp neare the Mohaukes & y' y' Indian told them at their wigwams y* he would kill an English man, & y' they pferred him wampom not to doe it & y' y^ Indian. would not receiue y° wampom but went away very angrie, & further y' Vpon goodman Laws questioning w"i him he sd y' this Indian (nameing him Taquatoes) went away in hast & left a stocking at their wigwams ; goodman Laws spoke to him to stay & he would goe w"i him to the wigwom, & as they were goeing he trembled & shakt soe y' seuerall of vs tooke notice of it & goodman Laws tooke notice of it w"i y^ rest & sd y' his carriage argued guilt, & when they came to the wigwom, Taphanse shewed them the stocking (which he sd) Taquatoes left behind, and further saith y' Taphanse slipt into anoth' wigwom, & soe from wigwom to wigwoni, & sbe slipt away from y" & returned not w"" them' to helpe looke y'= man y' was kild as he had pmised to doe at goodman Lawes house, although seuerall Indians y' had not pmised (as he knew of) came from thence w'h them to helpe looke y^ man as they p'tended. Stamford, July 2^, 1662, attested vpon oath, John Mead, .. \ Era: Bell, his I marke. "^^''''^ ^'' j Eichard Law. The testimony of Richard Ambler, he affirmeth as foUoweth, viz: That he w*^ goodman Jessop came to goodman Laws y' morning Taphanse brought the newes of an English man being killd, & y' goodman Lawes askt Taphanse how he knew there 460 BECOBDS OP THE [1662 was an English man killd, yt Taphanse answered y* there was an Indian at their wigwoms before & sd he would kill an Eng- lish man, & y' after he had killd him y^ Indian came againe & brought w"" him a shirt & a paire of stockings & y' some of y* things was bloody ; this Richard Ambler affirmeth y' goodih Lawes declared to them whoe was there as interp'ting w' Taphanse sd, and y' in reference to their goeing to the wig- wams, y' Taphanse pmised to returne yf^'^ them againe & helpe looke the English man, & in their goeing he was very fearefuU, & trembled & quaked much, soe y' he & y® rest tooke [324] II great notice of it & sd often one to anoth^ & goodman Law with the rest, y' he thought Taphanse was guilty of y^ blood of y^ man, & y' when they came to j^ wigwoms, Taphanse shewed them a stocking which hee sd Taquatoes left there, & notwithstanding his pmise to returne with them he gaue them y'= slip & returned not, yet seuerall otli"' Indians came thence to helpe looke y^ man with them. Furthermore he saith y* the stocking which Taphanse shewed them and told them y' Taquatoes left there was bloody. This 2'' of y*' 5^^ m°: 1662, giuen in before vs vpon oath, Richard Law, Francis Bell. These being read & told him by y" interp^ter, Taphanse answered that he is not guilty of these things, viz: of his rufiing. away at y' time, & denied those things about y" stockings, & sd alsoe it was a mistake y' euer they see any of those things soe far as they went with him, & further sd that after this he went vp further into y" country. But to cleare y^ first of his rufiing away the gouerno'" told him yt one time Vncus he was sent to seeke the dead body & this Taphanse was with him w''' other Indians, and as they was resting of venison, Taphanse goeing a litle from them ran away, soe y' Vncus brought word that Taphanse was matchet. Taphanse being told this, he acknowledged it y' it was soe & that he did very ill in soe doeing, and being askt the reason of it, he sd that an Indian came & told him y' Vncus would take him & carry him away & therefore bid him run away & soe he did. Then it was put to liim why he should run away more then another Indian if he was cleare, the gouern"" sd they had neuer any good answ"^ of it; he ansW'^ if he knew himselfe guilty he would speake, but he was afrayd & therefore did fly, & is sorry he soe did, for he did euill & gaue just cause of suspicion. 1662] JUEISDICTION OP NEW HAVEN. 461 Then he was asked how he knew y' Taquatoes did ye mur- der, because he alwayes sd it, was he by? He answered he had it from an Indian, and named liis name, & sd that y^ sachem of Crowton sent an India to Ponas, (the next day after Jn° Whitmore was killd,) to tell them y' an English man was killd, & it was about sunset & they aduised Taphanse not to come to tell y^ English while next morning. Now this Crow- ton is neare 40 miles from thence, which caused this question to him. How Taquatoes could doe this murder y' day & after goe to Crowton, (seeing it was about eleuen of clocke when John "Whitmore went out of Stamford,) & then send downe this word the next day to Ponas ? Taphanse answered that it is not halfe a dayes journie if he stir betimes. Then he was askt whether he saw Taquatoes that day John Whitmore was killed ? He answ'''i that two dayes before he was at Norwalke & saw him there, but' whether he went he knew not, & that he knew nothing of his intendment & sd he gaxie them his heart in this. Then he was askt whether he was at John Whitmores house y' day he was killd ? He answered noe, nor at Stamford all that day; and being asked where he was then, he sd at his fathers, making of wampom. Now here was a testimony of Anne Akerly read, which is as foUoweth, viz: — [325] II The testimony of Anne Akerly, widdow, of about seuenty fine yeares of age. The sd deponent vpon oath testi- fieth that y^ same day (a litle in y« afternoone) that goodman Whitmore was killed, shee did see the Indian called Taphanse at goodman Whitmores house with oth'" Indians, & ye sd Taphanse shooke her (the wife of goodm Whitmore) by j« hand, and asked her where her netop was, for he soe big loued her netop, then she replied that shee could not tell. This deposed vnto vpon the 2^ July, 1662. before vs,g^^-^;ll' ' Kich: Law. And it was sd y' vpon this goodwife Whitmore was in such an extacy that shee feared some mischeife was befallen her husband, & it was sd yt seuerall at Stamford saith ye same that goodw: Whitmore sd soe, & y' Taphanse lies in this busines. He answered, what shall he say if testimony come in against him, but if he speake the truth he must say he was not there & y' it was a mistake & y* she would not speake it 462 RECOEDS OP THE [1662 to his face, & this (y« interpf ter sd) he spake in such a phrase as noted his confirmation of it more then ordinary, that if Manatue was here he would say the same as he doth. Then he was questioned about anotlier passage that rendered him very suspicious, y' he knowing himselfe & Taquatoes vnder suspicion in this busines & yet he seeing Taquatoes at Stam- ford y« last winter & yet did not discouer, (which might haue been a fayre way to haue cleared himselfe,) but hides the guilty pson. He answered that was very true that case might make him suspicious, but the English neuer spake to him to doe it, & if he had done it it had beene a faire way; hee confest he did foolishly. Then he was askt how he came to goe soe readily to the place when they went to looke the body, when as he had shewed a strangenes before as if he knew nothing? He answered yt he knew it well enough, for Taquatoes told him y^ very place of ground. He was askt how he came to know it? He sd that M^ Lawes sent him to know it of Taquatoes, & being at Mattatuckes he was weary & soe sent by an Indian to wish Toquatoes to meet him there, & soe he did & told him y* place; and further sd he thinkes many English here knowes the murderer & that neither Eng- lish nor Indian could say that two kild the man. Then Taphanse was askt if he had any thing else to say? He answ'^'i all he hath to say is y' he is innocent. Then the whole examinatio was read, & M"^. Minor y^ interpi'ter was asked if it was according to truth. He answered it was fully expressed, not more nor lesse, but very well. Then Taphanse was askt how he came to haue such corospondencie with Taquatoes about this thing more then another Indian ? He answered as before, that M''. Lawes sent him to know it of Taquatoes, &c. He was asked if the Indians at Mattatuckes was friends to Taquatoes? He answ'^ that it was all one- his owne countrie. Then M"". Minor sd that he had been often among the Indians when mischeife was done among y^ English, & that those Indians that was innocent would tremble for feare. The Court considering the case pceeded to sentence, which the gouernof in the name of y« court declared thus as foUow- eth, viz: 1662] JUEISDICTION OP NEW HAVEN. 468 [326] II That it appeares to them and to all standers by against him, that he is by his OFne acknowledgement to be suspected of being accessary to this mans murder, both in his trembling & comeing to the wigwam that he slipt away con- trary to his pmise of helpe, & 'another time vpon y° same account w"" Vncus both of trembling & running away, & this to be added that he is guilty of lieing about y° stockinge, &c, & in y' oth'' passage as is testified by one vpon oath & was sd by many at Stamford that the children & wife of John "Whitmore often sd it that he was at their house that day in such a fann- ing way, & that comeing of Taquatoes to meete him at Matta- tuckes shewes corospondencie with him & y' this (as he saith) of M.'^. Lawes sending him was neuer brought to them at Stamford, alsoe that other passage of his not diseouering of Toquatoes when he was at Stamford, which was a duty vpon him for his owne clearing whoe stood supicious of guiltj that in y° whole there stands a blott vpon him of suspicion that there was stifl&cient ground for his api^hending & comitting to durance, & all y' he hath sd at this time caiiot cleare him of a stayne of suspicion ; but as being guilty of y^ murder directly or accessary he did pnounce him not guilty in point of death, but yet must declare him to stand bound to pay all charges that hath beene about him, & leaue him gixilty of suspicion, & yt he stands boimd as his duty to doe his best endeauo"^ to obtaine y« murderer, & now to remaine in durance vntill y^ next session of y'' court about a fortnight hence, except he can giue some assurance of his payinge the charge before, which charge was concluded to be ten pound. Taphanse answered that he would doe his vtmost endeuo' to pcure Taquatoes, & for the charge he is poore but he will send to his friends to see w' may be done in it, but desired y' his chaine may bee taken off. He was told then he would run away. He answered that vpon his running away he confesses himselfe guilty & sd they should kill him. Vpon this he was granted to be at liberty soe y' he appeare at the next meeting of y° court, which he pmised soe to doe although he could not obtaine the money. John Cooper ppounded that there might be a review of the 464 RECORDS OP THE [1662 action concerning -f mare sometimes iu question betwixt M^. Pierson and himselfe w"' Mathew Moulthrop senior, -which was issued at a court of magistrates held the 28'h. of May, 1660, but was left with this liberty of a review for him or any other y' could lay a better claime ; he desired therefore the matter might be considered & what he had further to say in y^ case, for he thought the thing stood not vpon its right bases. He desired his witnesses might speake & y' y^ testimony of Jonathan, seruant to M"". Peirson, giuen in court May 23'^', 1659, may be considered & he would answ"^ to it, which case is at large in page 195 & 196 of this boofce ; & first the testi- mony of Serj' Beckly was read, as in page 196, & he now pi'sent tooke oath to it; M^ Peirson being askt if he did accept [327] it, answered yt he should leaue it to y® court. || Then John Coop'' desired Thomas Harrison might speake, whoe testified vpon oath by way of addition, viz: that y' colt which he then sd was a bay was that which goodman Cooper bought of John Wood, & by way of explanation now saith was a blacke bay. Then John Cooper desired y* Mathew Moulthrop junior might speake, whoe testified as followeth, viz: first that this mare which M"-. Peirson hath in his possession is y' which goodman Cooper bought of John Wood. Math: Moulthrop senior sd he could say y^ same. 2. That he saw this mare when it was marked on y^ eare by goodman Cooper in his fathers yard, being taken vp by his father for John Wood & left tied there, & then John Wood went & sold it to goodman Cooper, & y' he saw John Wood deliuer it to goodman Cooper. 3. That about foure or fiue moneths after he was there when shee was branded & he saw the marke on y« eare which good- man Cooper gaue, & then y^ cut was growne vp but they felt y^ seame. Math: Moulthrop senior sd alsoe y' he saw it with his eyes & saw it often. Mr. Peirson put this question (then) whether John Wood had power to sell his mare ? John Cooper further sd that Edmund Toolie could speake something further to y^ case, but he was not yet come from Branford as he expected him. 1662] JURISDICTION OP NEW HAVEN. 465 Mathew Moulthrop senior then declared that he knew the mare of Westalls or John Woods before she had a foale & there was another the yeare before shee was carried vp to Con- necticut, & the next spring betimes shee was come downe & he saw her with a young colt at a meadow called M^. Cranes meadow, which colt he takes to be this mare which M^ Peir- son hath in his possession. He further sd that he alsoe knew M'. Peirsons mare & saw her y' same yeare with a colt with her of a dun coulo'^ & soe kept its coulo"^ that yeare, and y« next spring after he saw M''. Peirsons mare & then shee had noe colt with her that he thought it was lost y' winter. ■ M"^. Peirson then sd that he knew his colt when it sucked & tooke notice of it y' sumer, & that y° next suiner after he saw such a colt which he tooke to be his. Abraham Dowlitle ppounded to haue fine pound for keeping the Indian Taphanse about seuenteene weekes time for all his charges and trouble about him. The court thought it moder- ate & granted it. It was agreed & ordered y* the 23"^ day of this moneth be kept a day of publicke thankesgiueing through y^ colony on y^ maine, (excepting Stamford, not haueing sufficient time to giue them notice, therefore it was left to them to take the [328] fittest season,) for the mercies of y° yeare past, || and that the 29"' day of this moneth be kept a day of extraordinary seeking of God by fasting & prayer for his guidance of the colony in this weighty busines about joineing with Connecti- cutt colony, &c* & for the aflicted state of y° church & people of God in o"^ natiue country & in other parts of y° world. * The charter granted to CoHnectiout was presented and read at the meeting of the Commissioners of the United Colonies in Boston, September, 1662, -who took notice of his Majesties favor as being very acceptable to them, and advised " that wherein others may be concerned, the said gentlemen w^ii such others doe attend such wales as may condnoe to righteousnes, peace and amity, and that the fauour shewed to y' said colony, or any other, may be ioyntly improued for the benefit of all concerned in the said charter." In the margin of that copy of the Eecords of the Comissioners printed in ii. Hazard St. P. is the following note, which is not found in the Connecticut MS. " Wee can not as yett say that the procurement of this Pattent wilbe acceptable to vs or om- CoUonie, Willam Leet, Benjamine Fen." The General Assembly of Connecticut, at its session begun October 9th, 1662, having received information that the major part of the inhabitants of Southold had empowered Capt. John Young as their deputy, accepted that town under its govern- 59 466 RECORDS OF THE [1662 The will of Willm Potter being referred by Newhauen court to this court, was pfsented, and by widdow Potter desired to know ys mind of y^ court whether it should stand or noe, (which being read,) it was asked her if any had any thing to say against it ? She answered yea, her sonne Joseph, but after some speech with him Joseph sd that his mother & he had agreed & was satisfied y' it should stand, & the widdow declared ye same in reference to her other children. Then y^ court vpon that ground that nothing being pi^sented by any to y« contrary ordered it to stand, & left it to Newhauen court for y prooueing of it & to order that part which concernes y^ children. Wiilm Payne appeared to make complaint against John Frost for some sinfuU miscarriages towards his children & some others. John Frost haueing beene examined before y<= magis- trates of Newhauen, Septemb. 8^^, (62,) was comitted to prison & after bound ouer for his apearance at this court, whoe being called now appeared. Then WiHm Paine was calld to speake what he had to lay against him, whoe desired y' his children might speate, & being called, first his sonne John Payne spake as foUoweth, viz. [Aljout three pages of the manuscript containing the testimony in this trial, are omitted.] [331] The Court haueing considered y^ matter pceeded to sentence, which is as foUoweth, viz: That John Frost be corporally punished by whipping, & for his inveiglements by gift, as shee saith, & he makes noe proof to y° contrary, but graunts y' he made loue to her without the ment, appointing Capt. Young a commissioner with the power of a particular magis- trate,, and admitted some twenty-five of the inhabitants freemen. . Several inhabitants .of Guilford tendering themselves, their persons and estates, were accepted and promised protection, and were advised to carry peaceably and religiously toward their neighbors who had not yet submitted, and to pay their just dues to the minister and other public charges due to that day. Stamford and Greenwich were likewise accepted, upon the same terms and provis- ions as directed for the inhabitants of Guilford, and Richard Vowles sworn constable for Greenwich, and Robert Usher appointed for Stamford. A committee was also chosen, consisting of Mr. Mathew Allyn, Mr. Wyllys, Mr. Stone and Mr. Hooker, " to go down to N. Hauen to treat w'i» y« gent: and others of 0' lo: freinds there." They arrived at New Haven during this session of the court, (Oct. 16 or 17,) and presented a copy of the cliarter, and another paper which is found post p. 468, 1662] JUBISDICTION OP NEW HAVEN, 467 knowledge and consent of her parents, that he pay forty shil- lings as a fine to y^ jurisdictio, according to the law. And for Mercy Payne, that shee alsoe be corporally pun- ished by whipping, for her sinfull compliance with him in such wickednes, as herselfe confesseth. And for John Payne, that he be whipt in y^ family. W™ Payne pleaded that his daughter had some weakenes [332] vpon her || since the women had searched, which was not fit to be mentioned here, & therefore desired that her pun- ishm' might be forborne & passe it by with a fine. The coiirt considered of what he had to say the next morning & did revoke the former sentence concerning her & did sentence that he pay for her fifty shillings as a fine to the jurisdiction, and for any damages & just charges which hee pleaded, it was left to Newhauen court to consider of when hee should pf sent them, & to allow him that which is according to law. It was agreed to bee ppounded to the seuerall plantations that all due meanes be vsed for y" staying of hides & leather till furth"" order. At a Meeting op t^ Freemen op Newhauen Colony, held ATT Newhauen, November 4"', 1662. The Gouern"^ informed them 4hat they was not ignorant of y= occasion of this meeting,* they knowing that some gent' of * On the 31st of October, two days after the fast, there had been a general court or town meeting at New Haven, when the Deputy Governor read to the ^assembly the copy of the Charter and the writing from Connecticut, with the answer given to it by the New Haven committee, and desired them to consider what further answer to return. The foUowing from the New Haven Town Eeo. iii. T, shews what proceed- ings took place. " Mr. John Davenport, paste of y" church of Christ at Newhauen, declared vnto the towne that he wrote to M'. Winthrop (before he went to England) not to haue any hand in such an vnrighteous act as to involve vs in their Pattent. To which he writt to him in two lett", one from Mattabesioke & another from y« Manhatoes at his goeing away, part of which was read, wherein he expressed his contrary purpose & the ex- pressions of some other of their magistrates to y^ same purpose. And alsoe M'. Daven- port p'sented a lett' (which he receiued y" last night from M'. Eich Lawes of Stam- ford) and read it to y= towne, wherein was intimated their sad state by reason of y^ turbulent carriages of some of their inhabitants which Connecticot colony had admitted, & soe dismembred vs, & some would say they was rebells against ye king & J* jurisdiction of Conecticot. Alsoe he further informed y» towne of y treatie they 468 RECORDS OF THE [1662 Conecticutt had beene here, & had left a coppie of their Pat- tent & another writing ynder their hands, both which was now read, and alsoe the answ"" of o' comittee to their writing, which writing & answ is as foUoweth, To 0"^ much Hono'"'! & Reve'^nd Preinds of Newhauen, Mil- ford, &c, to be comunicated to all whom it may concerne. We declare y' through y« good puidence of y^ Most High, a large and ample Pattent, & therein desireable privilidges & imunities from his Maj''«, being come to C hands, (a coppy whereof we haue left with yon to be considered,) and yo'^selues vpon ys sea coast being included & interessed therein, the Kinge haueing vnited vs in one body politique, we according to ys comission wherewith wee are betrusted by y^ Gen" Assembly of Conecticott. doe declare in their name that it is both their & o"^ earnest desire y' there may be a happy and C^^ifortable vnion betweene ycselues & vs, according to "fhe tenor of y^~Dharter, that inconueniences & dangers may be pi'uented, and peace & truth strengthened & established, through 0"^ sutable subjection to y° tearmes of y° Pattent, and the good blessing of God vpon vs therein. ~ We doe desire a seasonable Mathew AUyn, returne herevnto. Sam" Willis, Sam" Stone, ■ Sam" Hooker, Joseph Fitch. had with those gent, of Coneotiout aforesd, & how they had shewed them y= wrong they had done vs, in dismembring of vs at Stamford, Guilford, & Southhold, & all this before they had consulted with vs, & shewed thetn their eniU therein, but received noe satisfaction from theni about it. " M'. Davenport alsoe pponnded sundrie reasons to be considered, both why we was not included in Connecticutt Pattent, and alsoe why wee may not voluntarily joine with them, with some directions w' answ' to returne, that soe they may see their euill in what they haue done & restore vs to o' former state, that soe we & they may hue together in vnitie & amitie for y= future. " The Deputy Govern^ declared y' y= things spoken by M'. Davenport was of great weight, and he desired all present would seriously consider of them. " M'. Streete, teacher of y" church of Christ at Newhauen, declared that he looked vpon the reasons ppouuded by M'. Davenporte to be vnanswerable & y' both church & towne had cause to blesse God for the wisdome held forth in them & wished them to keep ey ends & rules of Christ in their eye & then God would stand by them, & did second the directions giuen, with one scripture, out of Esay 14, 32, & from thence did advice y' our answers should be of fayth & influenced with faith & not of feare. " The matter was largely debated & sundrie exprest themselues as disliking the pceedings of Connecticot in this busines, as Leiftenn'Nash, M'. Tuttle, M'. Powell &c & desired some answer might be giuen y« way with a desire of restoring vs to o' former state againe, and then by generall vote declared their.disapproouing of y»maner of Conecticutt Colonies pceeding in this busines." JUBISDICTION OF NEW HAVEN. -^ 469 1662] To or much Hono''^ & Reuerend Freinds, the Comission" from the Gen" Court of Conecticott, to be comunicated, &c. Much Hono'"'* & Reverend, We haue receiued & pvsed yo^ writing, and heard the coppy read of his Majt>«s L'res Pattents to Conecticott Colony, wherein although we doe not find the Colony of Newhauen expressly [333] included, yet to shew o"^ desire that matters may || be issued in y'' conserving of peace & amitie with righteousnes between them & vs, we shall comunicate yo' writing & ye coppy of f Pattent to o"^ freemen, and afterwards w'h conuen- ient speed returne their answer. Only we desire y* y^ issueing of matters may be respited vntill we may receiue fuller inform- ation from the Hono"i M^. Winthrop or satisfaction otherwise, and y' in the meane time this Colony may remaine distinct, intire & [vn] interrupted, as heretofore, which we hope you will see cause loueingly to consent vnto, & signify y° same to vs with conuenient speed. [Newhaven, 17th of Octobr, 1662.]* * The date and the names of the magistrates and elders who signed this answer are 470 EBCOEDS OP THE [1662 Thea j^ Gouernof told yn y' they had heard y^ writings & pattent, & there was two things in their writing to be answered too ; first, that they declare vs to be by y^ king made one body politique w"i y™ & interessed in their pattent ; 2, they desire a happy & comfortable vnion for peace & truths sake, &c, now to these two you must giue answ^, & then dismissed y® assem- bly to consider of it for y^ space of one houre & halfe, & then to meete againe at y^ beate of the drum. Then y^ company being come togeth"" in y^ afternoone, the gouernr told y" yt they knew w' was left with y™, for they had heard y° pattent & the writings read, therefore he desired to^ know their minds, for he hoped they might haue some helpe from among oi^selues, mentioning M'. Davenport. Then M'. Davenport (pastor of y^ church of Christ at N. Hauen) sd that according to this occasion he should discharge the duty of his place & should reade to them his owne thoughts, (which he had set downe in writing,) which he desired might remaine his owne till they was fully satisfied in them, & furth"^ sd he should leaue others to walke according to y^ light that God should giue them in this busines, & soe read some reasons why we was not included in y° pattent, & alsoe why wee might not voluntaryly joine with them, & soe vpon desire of some left his writing with them to consider of. Then y'' Gouern'' told y™ that they had heard the thoughts of M"'. Davenport concerning both y^ pts of y^ writing & had left them with them y' they may doe y' which may be to Gods acceptance, therefore desired them to speake their minds freely, for he desired y' the freemen themselues would giiie the sub- stance of the answer voluntarily. The gouern"^ further sd y' for his part he should not be forward to leade them in this case, least any should thinke him ambitious of the place, but desired that y' might be done which is according to the will of God. Then the matter being largely debated, at last came to this conclusion, to haue an answer drawne vp out of these three heads; first, that there be due witnesbearing against not upon the Record, but are taken in fao simile from the original document, (which is in the handwriting of William Jones,) preserved among the Records in the State Library at Hartford, Miscellaneous, i. doc. 68. 1662] JURISDICTION OP NEW HAVEN. 471 their sin; 2, that there may be a deferring of things till M"'. Winthrops coming, or we ,^ satisfaction otherwise, & y' we remaine in y^ same state as we are till then ; 3, that we can doe nothing till wee consult with the other confederates. Then the aduise of y^ comission'^' about this pattent was read, & considered how contrary to that righteousnes, amity & peace, o"^ neighbors of Conecticott had carried towards vs. Then they considered of a comittee to draw vp an answ' into forme & to annex some weighty argum*^ therevnto, to send to y^ gene'i assembly of Conecticott, & considered alsoe about making addresse to his Maj*'« if o' answ p'vaile not. The [334] comittee apointed was || the Magistrates & Elders of this Colony in generall, w*'' bro. Law of Stamford, & these to conclude according to the major part of them in session. It was left w"" this comittee to send this answ, &c. to w' pson they see most conuenient, to be comunicated to their gen'^ assembly. The freemen expressed themselues desirous y* the magis- trates would goe on in their worke, & they looked vpon them- selues bound to stand by them according to o' lawes here established. Novemb: 5ti». At a Gene'i Couet held at Newhauen fob Y« JUEISDICTIO, 1662. It was ppounded as a thing left (to be issued at the next gen'i court after May last,) by y^ coinittee for y° schoole, whether they would continue y* colony schoole or lay it downe. The busines being debated, it came to this conclusion, that considering y° distraction of y^ time, that y" end is not attained for which it was settled noe way pportionable to y^ charges expended, & that y® colony is in expectation of vnavoydable necessary charges to be expended, did conclude to lay it downe, & the charges to cease w° this halfe yeare is vp at ye end of this moneth. It was ppounded & considered about N. Hauen paying backe part of the 100'^ graunted for the incouragem' of y^ 472 RECORDS OF THE [1662 colony schoole, & in y" issue thus concluded, that it be ppounded to N. Hauen towne to pay backe 40'i of the* 100'' into the jurisdiction treasury, but y® deputies for ~N. Hauen told.y™ yt y^ colony schoole had occasioned a considerable charge to y"' about y" schoolehouse & other wayes more then else they need haue expended in that way, & that they was ready still if they would continue the schoole to pforme their conditio to puide schoole house & house for schoole master if need require. M^ Pecke ppounded about some differance betwixt the treasurer & himselfe in making vp their accounts, but the court left it to them to issue it betweene themselues. It was alsoe ppounded about 4'' abated of M"". Peckes sallary, for some time that -he left y° schoole, whether it should not returne to y" jurisdiction. It being debated, it was by vote concluded that soe much of it as is pper to them should, & the rest to N. Hauen. The busines about the sallaries to y^ governi^, deputy gov- ern'", &c, being left in May last, was now concluded to be as the last yeare. John Herriman ppounded about 1', 17% 2^, which was not brought to account with M'. Wakeman, he desired it might be allowed him. He .pi'senting his accounts as cleare that ^t was due, the court thought it just it should be allowed him. The Comittee apointed by the freemen was confirmed by this court to stand vntill the gene'' court in May next, accord- ing to the power giuen them in May last. It was ordered that all rates already granted by the juris- diction & all debts due to the jurisdiction should be forthwith demaunded & required from all y'= plantations. It was againe ppounded about stopping of hides & leather, but nothing was done in it at this time, there being some report y' Oonecticott had repealed y' order. 1662] JUEISDICTION OP NEW HATEN. 473 [335]- The Answ"^ of the Freemen drawne vp into forme by the Cofnittee & sent to Connectieott Gen'i Assembly, is as followeth,* viz' — Hono^d Gent', "We haue heard both ye Pattent & y' writing read which those gent' (whoe sd they was sent from yo"^ Gene^' Assembly) left w*h 0' Comittee, & haue considered y^ contents according to 0"^ capacities. By the one wee take notice of their declared sence of y^ Pattent & alsoe of yo"^ desire of o^" vniting w'^ yo'"selues vpon y* account. By the other we vnderstand that his Maj'ie iiath been graciously pleased (at yC earnest peti- tion) to grant liberty to y^ Colony of Coiiecticott to acquire, haue, possess & purchase, &c, w'euer lands, &c. you haue gained or shall gaine by lawfuU meanes within the p'cincts or lines therein mentioned, & alsoe of his abundant grace to allow & establish you to be one body politique, for mannaging all yo'' publique affaires & gouernm' in a religious & peaceable manor, to y" intents & purposes by his Majt''= & j" adventur- ers therein pfessed, ouer all psons, matters & things, soe gained by purchase or conquest, at yo"^ owne pper costs & charges, according as yo''selues informed you had already done. Now whateuer is soe yo", we haue neither purpose nor desire to oppose, hurt or hinder in y° least ; but w' ourselues (by like lawfuU meanes) haue attained, as to inheritances or jurisdicon as a distinct colony, vpon o' most solemne & religious couent% soe well knowne to his Maj'>e e, we may be resolued herein. All which meanes are in o' thoughts to Tse, except you p^vent, for y" gaineing of a right vnderstanding, & to bring a peacea- ble issue or reconcilem' of this matter, & we wish you had better considered, then to act soe suddenly to seclude vs from pattent priuilidge at first, if we are included as you say, and to haue soe pceeded since as may seeme to giue advantage vnto dissaffected psons to slight or disregard oathes & couen'^, [336] and || thereby to rend & make diuision, manage con- tention & troubles in y« towneships & societies of this colony, & y' about religious worships as y^ inclosed complaint may declare, which seemes to vs a great scandall to religion before the natives & p''judiciall to his Maj''«^ pious intention, as alsoe to hold forth a series of meanes very opposite to y® end pi'tended, & very much obscured from y^ beauty of such a religious & peaceable walking amongst ^English brethren, as may either invite the natives to y" Christian faith, o' vnite o'' spirits in this juncture, & this occasion giuen before any con- viction tendered, or publication of y" Pattent amongst vs, or soe much as a treatie w"" vs in a Christian, neighborly way ; noe p''tence for o"^ disolution of gouerm' till then could ration- ally be imagined. Such carriage may seeme to be against the advise & mind of his Maj''" in the Pattent,' as alsoe of yo^" hono"! Govern"^, & to cast reflect vpon him, when we compare these things with his I'res to some here, for the avoyding whereof we earnestly request that the whole of what he hath written to yoi'selues, soe far as it may respect vs in this busines, may be fully coniunicated to o^ veiw in a true coppy or tran- script of y"" same. We must pfesse Cselues greiued hereat, & must desire & expect yC efectuall endeavors to repaire these breaches & restore vs to o"^ former condition as confederates vntill y' by all or some of these wayes intimated we may 1662] JURISDICTION OP NEW HAVEN. 475 attaine a cleare resolution in this matter. Vnto what we haue herein ppounded, we shall adde that we doe not in y« least intend any dislike to his Maj'i^s act, but to shew o"' sence of yo'f actings, first & last soe much to o"' detrim', & to mani- fest the consequent efects to Gods dishonor, as alsoe to giue you to know how we vnderstand the Pattent, hopeing that you will both candidly construe & freindly comply with C desires herein, & soe remoue the cause of C distraction & sad afliction that you haue brought vpon this poore colony, then shall we forbeare to giue you further trouble, & shall pray to y^ God of spirits to grant vs all humility & to guide ts with his heauenly wisdome to a happy issue of this affayre in loue & peace, rest- ing, Gent': yo' very loueing freinds & neighbours, y^ freemen of the Colony of Newhauen, ^ James Bishop, Secretary, in y^ name and by order & consent of y^ Comittee & freemen of N: Hauen Colony. Postscript. We have alsoe thought fit to send c reasons inclosed which are the ground of this answ' we returne, & desire the whole may bee read & cofnunicated to y^ Gen^' Assembly, intreating an answ"^ with all convenient speed, or from ye Coinittee if soe impowered. [Then succeed six entire "blank pages.] [The General Assembly of Connecticut at their session March 11, 1662-3, " voted and desired the Dep: Gouemor, Mr. Math: Allyn, Capt. John Taloot, and L' Jo: Allyn, and for a reserue to y= Maior, Mr. Willys, as a comittee to goe downe to N: Hauen, to treat w"' C honoi^ and lo : freinds about settling their vnion and incorpora- tion will this Colony of Coneot: And in case the comittee cannot effect an vnion, according to instructions gineu them by the court, that then they indeauour to settle a peace in the plantations vntil such time as they and we may be in a further capacity of issueing this difference, and to act in refereno herevnto as they iudge most meet." It was further ordered " that in case the comittee doe flot issue an agreem' w''> N. Hauen gent: according to their instructions, before their returne, that then all propo- sitions and Instructions from y court, respecting vnion w"" that people are void and of none effect." Trumb. Col. Eeo. Conn, i, 396. In consequence of the foregoing votes the following correspondence took place between the agents of the two colonies. [In the handwriting of John Allyn, Conn. Eec. Miscellaneous, i. Doc. 69.] Some proposals to j° gent: of N. Hauen, &c, in refference to j' firme setlement & incorporation w'*' us of Conecticutt. 1". We shall in no wise infringe or disturbe them in their order of 476 BECOEDS OP THE ' [1662 church gouerment, prouided we remaine free from any impositions from Y supreem powers of England. 2. That those whoe haue been of y'' magistracy in N. Hauen Colbny shall be inuested w*^ full power to gouern the people w"'in those limits untill o' gen" assembly in May next. 3. That there shall yearly be nominated to election a proportiona- ble number of Assistants in y' plantations of N. Hauen, Millford, Branford & Guilford, as shalbe for j' rest of y° plantations in o' colony. 4. That those whoe haue been freemen of N. Hauen Colony shall be forthw"" admitted freemen ef o' corporation, unles any person be justly excepted against unto us. 5. That N. Hauen, Milford, Branford, Guilford, shall be a distinct county wherin y' shall be chosen yearly such ciuill officers as may cary on aU causes of judicater amongst themselues w"*" extend not to life, limbe or banishment. 6. That ther shall be once a year at y' least, a court of assistants at N. Hauen, to preuent unnecessary trouble & expence to those that doe appeal from j' sentence of y° former court, & to hear & determine all matters y' respect life, limbe & banishment. 7. That each of y' forementioned townes shall have liberty to send two of there freemen as deputies to o' next gen" assembly. 9. That in case these o'' proposaUs be not accepted before o' depart- ure then y'^ are to be uoyd and of noe effect. 8. W'euer priuiledges els you shaU propound consonant to y° tenour of o' charter we shalbe ready to atend you therein. N. Hauen, March 20, '6f. Math: Allyn, Sam: Willys, John Allyn. Agust y' 26, 63, we exprest o^selues willing to conjirme these priueledges to ^ wpon y^ sd inhabitants of N. H., M., ^ G. [Answer of New Haven, in the handwriting of William Jones, Misc. i, Doc, 70.] Whereas we diseeme by the order of the generall court of Connec- ticut, dated March the 11"^, 166|, that the gent', theire comittee were limited to conclude at this p'sent meeting w'"" vs, otherwise theire pow' ceases ; our answear in generall is that we are not in a capacity soe to doe. 1. First, because wt are vnd' an apeale to y° king wherevnto we doe adheare, and therefore cannot act contrarily w"'out dishono' to his maj"' & p'judice to o' owne right vntill his royall determinaqon be knowne in the question depending betweene vs. 2. Because we cannot in conscience conclude to dissolve o' distinct colony by vniting w'^ Connecticut w"'out the express consent of the oth' coloneyes declared from theire generall courts respectively. 3. Because we are limitted by o' freemen not to conclude any thing for altering o' distinct colony state and governm' w"'out theire consent. Yet shall we in order to an yssue betwixt vs w"" love & peace, w* we desire them by all loving cariages to promove, (in the interim 1663] JUEISDICTION OF NEW HATEN. 477 of o' delibera^on,) consider of theire proposiqons & comunicat them to o' freemen, as we may have a convenient oportunity. But whereas we observe in theire proposiqons y' Stamford is left out, as if it were noe member of vs, we must & doe pfess o'selvs vnsat- tisfied w"" that omission, because we ap'hend o'selvs bound to seek & pvide for theire liberties (& comforts as o' owne. Willm Leete, Newhaven 20"' of 1" M°, (||.) in the name of our Comittee.] [343] Att a Genb^i Court held att New Hauen for the Jttrisdicon, the 6' of May, 1663. P'SENT, Deputies. The Governs L: Jolm Nash, ) ^^^ -j^. -^^-^^^ Deputy Governi^, James Bishop, J Jasper Gun, ) ^^^ jiQford M^ Jones, ^ Rich: Baldwin, J M^ Pene, [ni„^i,trate, ^'- ^°^' KitchiU, for Guilford. M^ Treat, p'^S^^'^^^^^'- M^ Rich: Law, K ., „ , Mr. Crane, J John Holly, 1 ^^^ Stamford. L: Sam" Swaine, T TT7- j"' } for Branford. Laurence Ward, ) The Gouern' informed the court of j" state of things in refer- ence to Connecticott & how the cofnittee had acted, & y^ ppo- salls of y« gent' of Connecticott was read with y^^ answ^ of o' comittee. It was ppounded whether we should make any alteration of the vsuall time of our election, we standing in y^ state we doe &, waiting for an answ' to o"^ appeale. After debate it was concluded as best to goe on with o"^ election as formerly & make noe alteration, but stand in y« same. state we were when we made o' appeale, & if any thing should come from Con- necticott by way of phibition, then to haue a ptest ready to witnes against th&m, we being vnder an appeale to his majtJe, It was alsoe ppounded whether we should not send vp a remonstrance of o' greiuances by their vnsutable carriages towards vs in y« state wherein wee are, it being a question whether the gene'' assembly of Coiieoticott is rightly informed of o' state, a draught whereof (being p-^pared) was read & well 478 EBCOEDS OP THE [1663 approoued for the substance of it, & after debate vpon it was by vote concluded to be sent, only with alteration of some passages therein, which was done & sent to Major John Mason, that by him it might be comunicated to their gene'^ assembly ; a record whereof you haue entred here afterwards. There was a I're from M^. "Wiilm Wells of Southhold to y« gouern"^ now read to y court, wherein was intimated y^ sad state of Southhold & y* ptly by the carriage of Capt. John Young in reference to Conecticot, &c.* And it was thought meete that an answ should be sent to M"". Wells to haue the matteriall passages attested as well as he can & sent hither, & y' it be signified to y™ y' they send deputies to C nest gen^' court of elections, & take notice of their neglect y^ last yeare & of y^ complaints (that is reported) they made against vs to Connecticott, as haueing noe power to carry on ciuill affayres amongst- them, although the court tooke y« best care they could for them, & sent y'' same by Thomas Turry their mes- senger y'^ last yeare. One occasion of this court being to consider how jurisdiction charges may be defrayed, the jurisdiction being much in debt as y^ treasurer informed, there being diuers accounts of charges expended p'sented from Guilford, Stamford & Bran- ford, which bemg considered by this court, they did allow what they thought was just & did abate where they judged necessary; and in reference to the charges expended in y^ magistrates goeing to Stamford & keeping court there, y* see- ing part of theire time was spent about the Indian Taphanse, [334] II it was ordered y*- one third part of the charge shalbe borne by the jurisdicon, & the other two parts by the towne of Stamford. And considering y' j" jurisdicon is much in debt, it was ordered that halfe a rate be leuied from y^ seuerall plantations & pprietors of Paugausett. * Complaint was also made to Cotmeotiout, at the General Assembly, May 14tli 1663, ot the unsettled state of Southold by reason of the ill carriage of several persons there. Mr. Mathew AUyn and Mr. Wyllys were therefore appointed to go to Long Island and, with the assistance of the other magistrates there, settle affairs at South- old, and examine into the case respecting Mr. Wells revolt since he took oath to Con- necticut, and Capt. John Young and Barnabas Hortou were chosen commissioners for the town, " with magistraticall power upon the Island.' ' Trumb. Col. Eec. i, 400, 402. 1663] JURISDICTION OP NEW HAVEN. 479 As an addition to the printed law for diuorce, this followe- ing lav was now ordered to be publiphed, tiz', That we this Gen'i Court, finding y" law for divorce already puided & in force, to be short in some cases that may fall ont to farther consideracon, doe thinke fit to order, and it is ordered by y^ authority aforesd, y' if any husband haue or shall wilfully desert his wife without her consent or just necessity, or any wife haue or shall soe jiesert & forsake y° husband, & such wife or husband depart into other or remote parts of y^ world & remaine absent for the space of seiien yeares compleate from y^ time of such departure, & the party deserted haue noe ■ certaine intelligence of or from y^ other pty deserting to be aliue & purposing to returne & doe not returne in that time, that then it shalbe lawful! for y" pty soe disserted to sue forth a diuorce in y^ court of magistrates, and vpon due proofe of the p^mises according to true intent & purpose of this law and judgm' giuen in court accordingly, to pceede in marriage with any oth"" pson according to law pvided in case of wilfuU disser- tion as in 1 Cor. 7. 15. It was alsoe ordered that if there be not a seasonable nom- ination of psons for magistracy from y'= seuerall plantations of this jurisdicon before y'' election, then it shalbe in y^ power of y° freemen then p''sent to nominate & choose such as may be thought fitt & necessary for the carrieing on of y° affayres of y° jurisdicon in y' respefet. The Remonstrance or Declaration sent to y* Gene" Assem- bly of Connecticott Colony from this Court is as foUoweth,* Gent', The professed grounds & ends of yo' & o' comeing into these parts are not vnknowne, being plainely exprest in y" plogue to y' solemne confederation entred into by ye 4 colonies of New England, printed & published to y" world, namely to advance y* kingdome of o' Lord Jesus Christ, and to enjoy the liberties of y^ gospell in purity w'^ peace, for which we left c deare natiue country & were willing to vndergoe y° difficulties we haue since met with in this wildernes, yet fresh in o' remem- * The original is not preserved. 480 RECORDS OF THE [1663 brance ; being the onely ends we still pursue, haueing hitherto found by experience soe much of y^ p^sence of God with vs & of his goodnes & compassion towards vs in soe doeing for these many yeares. Yet considering how vnanswerable our returnes haue been to God, how vnfruitfuU, ynthankefuU & vnholy Tnder soe much meanes of grace & such liberties, we cafiot but [345] II lament y^ same, judge o'selues & justify God, should he now at last (after soe long patience towards vs) bring deso- lating judgements vpon vs and make vs drinke of y° dregs of yt cup of indignacon he hath put into y* hands of his people in other parts of y'= world, or suifer such contentions (in just displeasure) to arise among vs as may hasten o"" calamity & increase o"^ woe, which we pray the Lord in mercy to p'^vent. And whereas in y^ pursuance of y^ sd ends, & vpon other reli- gious & ciuill consideracons, as the security of the interest of each colony within, its selfe in wayes of righteousnes & peace, and all & euery of y° sd colonies from y'' Indians & other ene- mies, they did judge it to be their bounden duty for mutuall strength & helpfulnes for y^ future in all their sd concernem's to enter into a consociacon among themselues, therevpon fully agreed & concluded by and betweene y^ parties or jurisdiccons in diners & sundry articles, & at last ratified as a ppetuall con- federation by their seuerall subscriptions, wherevnto we con- ceiue o''selues bound to adheare, vntill with satisfaction to o"^ judgemts & consciences we see o"^ duty, with like vnanimous consent of y^ confederates, orderly to recede, leaueing the issue vnto the most wise & righteous God. As for y° Pattent vpon yo' peticon granted to you by his Maj"'', as Conecticott Colony, soe far, & in y' sence, we object not against it, much lesse ag^t his Maj'i'^s act in soe doeing, y^ same being a reall encouragem' to other of his subjects to obtaine y"* like fauo' vpon their humble peticon to his Royall Highnes in y° ptection of their psons & purchased rights & interests, is alsoe a ground of hope to vs. But if the line of yO"^ Pattent doth circumscribe this colony by yo'' contriuem', without or cognizance or consent, or regard to y'= sd confedera- con on yc parts, we haue & must still testify against it, as not consistent (in C judgm*) with brotherly loue, righteousnes & 1663] JUEISDICTION OP NEW HAVEN. 481 peace. And y' this Colony (for soe long lime a confoederate jurisdiccon, distinct from yo" & the other colonies,) is taken in vnder y^ administration of y'' sd Pattent in yo"" hands, & soe its form'' being dissolued, & distinction ceasing, there being noe one line or letter in y^ Pattent espressing his Maj'i^s pleasure y' way, although it is yo"^ sence of it, yet wee caiiot soe ap'hend, of which we haueing already giuen o"^ grounds at large in writing, we shall not need to say much more, nor haue we met with any argumentatiue or rationall conuictions from you, nor doe we yet see cause to be of another mind. As for yo"^ pceedings vpon p'tence of y« Pattent towards vs, or rather against vs, in taking in sundry inhabitants of this colony vnder yc ptection & gouernem* whoe (as you say) offered themselues, from which a good conscience & the obli- gacon vnder which most of y"" stood to this colony should haue restrayned them, without y° consent of the body of this colony first had, & in concurrence with them, vpon mature deliberation & conviction of duty yet wanting, we canot but againe testify against as disorderly in them, & which admission on yo"' parts we conceiue yo' Christian prudence might haue easily suspended, for pi^vention of y* great offence to y° con- sciences of yo' confederat brethren, & those sad consequences [346] which || haue followed, disturbing the peace of o"^ townes, destroying o"" comforts, & hazard of o' Hues & liberties by their frequent threats Sc vnsufferable pvokations, hath been & is with vs matter of complaint both to God & man ; espe- cially when we consider that thus you admitted them, & put power into their hands, before you had made any ouerture to vs or had any treaty with vs about soe weighty a busines, as if you were in hast to make vs miserable, as indeed in these things wee are at this day. And seeing vpon y^ answ"^ returned to yo"' ppositions made by you afterwards of joineing with you in yC gouernem', find- ing ourselues soe already dismembred, & the weighty grounds & reasons we then p^sented to you, we could not p':vaile soe far with you as to pcure a respite of yo^^ further pceedings vntill Ms. Winthrops returne from England, or y^ graunt of any time y' way, which was thought but reasonable by some 61 482 RECORDS OP THE [1663 of ycselues, & the like seldome denied in warr to very ene- mies, we saw it then high time and necessary (feareing these beginnings) to appeale vnto his Maj''«, and see we did, con- cluding according to the law of appeales in all cases & among all nations, that y" same (vpon yo"^ allegiance to his Maj'y) would haue obliged you to forbeare all further pcesse in this busiues, for o'' owne parts resoluing (notwithstanding all that we had formerly suffered) to sit downe patient vnder y^ same, waiting vpon God for the issue of our sd appeale. But seeing y' notwithstanding all y' we had pi'sented to you by word & writing, notwithstanding o' appeale to his Majt'^, notwithstanding all y' we haue -suffered, (by meanes of yt power you had set vp, viz', a constable at Stamford,) of which informations haue beene giuen you, yet you haue gone further to place a constable at Guilford, in like maner, ouer a partie there, to the further disturbance of o' peace & quiet, a narra- tiue whereof, & of y^ puokations & wrongs we haue met with at Stamford, we haue receiued, attested to vs by diuers wit- nesses, honest men. We cafiot but on behalfe of o' appeale to his Maj''^, whose honor is highly concerned therein, and of o' just rights, but (as men exceedingly aflicted & greiued) testify in y8 sight of God, angeUs & men, against these things. Our end therein being not to pvoke or further any offence, but rather as a discharge of duty on o"" parts as brethren & Chris- tian confoederates, to call vpon you to take some effectuall course to ease & right vs in a due redress of y« greiuances you haue caused by these pceedings, such, & y' after you had complemented vs with large offers of pattent privilidges, with desire of a treatie with vs for vnion of o'' colonies. And you know as yo"^ good words were kindly accepted, soe yo' motion was fairely answered by o"^ comittee, that in regard we were vnder an appeale to his Maj''e, that being limited by o"^ free- men not to conclude any thing for altering o"' distinct colony state & gouernm' withoiit their consent and without the appro- bation of the other confederat colonies, they were not in pi^sent [347] capacity soe to treate, but || did litle suspect such a designe on foote against vs, the efect whereof quickly appeared at Guilford before mentioned. But we shall say noe more at 1663] JDEISDICTION OF NEW HiVEN. 483 this time, onely to tell you whateuer we suffer by your meanes, we pray y® Lord would help ts to choose it rather then to sin against o"" consciences, hopeing y° righteous God will in due time looke vpon o'' afliction, & incline his Maj*'«= heart to fauo"^ our righteous cause. Subscribed in y' name & by New Hauen, May 6', 1663. order of y" Gene" Court of Newhauen Colony, ^ James Bishop, Secretm-y. [The remainder of this page and the whole of the next is Wank.] [The General Assembly of Connecticut at their session May 14, 1663, toolc no notice of the receipt of this letter, but ordered that Robert Usher and John Meggs should continue in the office of constable over those who had submitted in Stamford • and Guilford, wMch inhabitants were directed to conduct themselves peaceably and reli- giously, according to the former order in October. It was declared that Southold should enjoy the same privileges as Southampton, and the court voted that they would not send the Patent nor copy thereof to be read at New Haven. Trumb. Eec. Coim. i. 405, 406.] [349] At a Couet op Magistbatbs held at Newhauen, THE 25ti> OP Mat, 1663. Pi'sent, the Gouern'', Deputy Gouern"", M'. Jones, M"^. Fene, M^ Treat & M'. Crane. The Court being mett together but noe busines appeareing, the marshall gaue notice that if any had any busines with the Court of Magistrates they was desired to attend it, but after some time of waiteing none appeared, onely some wills & jnuentories was p''sented, as followeth. The last will &-testam* of Willm Judson late of N. Hauen deceased, pi'sented ii>court, made the 20'i' of ye nineth moneth in ys.yeare 1661, confirmed by his owne marke & scale, & prooued vpon oath by Eichard Miles & John Cooper, at a court held att Newhauen^March 3"^, 16||. Alsoe an inuentory of y« estate of y^ sd WiSm Judson, p'sented to y^ court, amounting to y^ sume of 326'', 08% 04'^, & vpon oath attested by Thomas Munson & John Cooper y' y^ apprizem' was just, to y° best of their light, taken Decemb 15"', 1662, & prooued in court at Newhauen, March 2,^, 16||. 484 EEC0RD8 OP THE [1663 The last will & testamt of M^ Wiilm Gibbardlate of New- hauen deceased,* p'sented in court, made the sixth of August^ 1662; confirmed by his owne hand & seale, and prooued vpon oath by M^ Wiilm Jones & Ellen Glouer at a court held at Newhauen, May 6', 1663. Alsoe an inuentory of y^ estate of y« sd M'. WiHm Gibbard, pi^sented to y° court, amounting to y^ sufne of 290^', 07^, 06^, onely some accounts & debts not yet cleared & some estate in England not prized, taken the 30"i of Aprill, 1663, &. prooued vpon oath by L: John Nash & Henry Glouer that y« apprizem' was just, to the best of theire light, in court at Newhauen, May 6t, 1668. The last will & testam* of Richard Hull, late of Newhauen, deceased, p'sented in court, made the 21"i of August, 1662, confirmed by his owne marke & seale, & prooued vpon oath by Mf. Mathew Gilbert & M^. Wiilm Jones, at a court held at Newhauen, January 6', 1662. Alsoe an inuentory of y^ estate of y° sd Richard Hull,' p'sented, amounting to y^ siime of 101'', 18«, 04^, taken the 23''» of Decemb: 1662, & prooued vpon oath by Thomas Mun- son & Roger Ailing, that y« apprizem' was just to j" best of their light, in court held at Newhauen, January 6% 1662. The last will of WiHm Potter, late of Newhauen, deceased, pi^sented to y" court, made the lO"" of May, 1662, & witnessed by Deacon Richard Miles & Deacon WiHm Pecke, prooued in court at Newhauen, March S^, 16||. [350] II Alsoe an inuentory of y^ estate of y^ sd Wilim Potter, pi^sented to y° court, amounting to y" sume of 161'', 02% 07"*, taken August y° first, 1662, & vpon oath attested by M'. Thomas Yale & Dauid Atwater, y' y* apprizem' was just to y^ best of their light, in court at Newhauen, August 5'ii, 1662. An inuentory of y« estate of Edward Parker, late of Newhauen, deceased, pi^sented in court, amounting to y® suine of 124ii, 00% OOd, taken the 27th of June, 1662, & vpon oath attested by Roger Ailing & James Bishop, y' y^ apprizem* was just to ye best of their light, in court at Newhauen, July 1^', 1662. * Mr. Gibbard died August Dtli, 1663. 1663] JUEISDICTION OP NEW HAVEN. 485 An imientory of y^ estate of M'. WiHm Osborne, late of Newhauen, deceased, pi^sented, amounting to ye sume of 231ii, 03% 04'J, taken y^ 29ti> of Aprill, 1662, & vpon oath attested by Deacon Eichard Miles & John Cooper, y' the apprizem* was just to y° best of their light, before y° court att Newhauen, June 9'h, 1662. An inuentory of y*^ estate of John Benham, sen', late of Newhauen, deceased, pi'sented, amounting to y'^ suiSe of ^ , taken the 3'i of January, 1661,& vpon oath attested by Thomas Munson & John Herriman, that y^ apprizem' was just, to the best of their light, in court at Newhauen, May 6', 1662. An inuentory of y« estate of Samuell Richards, late of New- hauen, deceased, p^sented, ainounting to 02', 03», 02*, taken the 28tii of March, 1662, & ypon oath attested by Wilim Rus- sell & Abraham Dowlitle, that y^ apprizem' was just, to y« best of their light, in court at Newhauen, Aprill 1^', 1662. An inuentory of y* estate of Edward Daniell, late of New- haueri, deceased, ainounting to y^ sume of 05', 02^, 10'', taken the 2^ of Septemb: 1662, & prooued by the subscriptions of M'. Deliverance Lamberton, Willm Gibbins &, Timothy Ford, in court at Newhauen, Septemb: 2'', 1662. An inuentory of y^ estate of WiHm Luddington, late of New- hau^en, deceased, p''sented, ainounting to y^ sume of 156'", 10% 00'', vpon oath attested y' y^ apprizem' was just, to y^ best of their light, by John Cooper, sen% & Mathew Moulthrop, sen% in court at Newhauen, March 3'', 16||. An inuentory of y^ estate of George Smith, late of New- hauen, deceased^ •p''sented, ainounting to y" sume of 195", 03^, 04'', taken y^ 20"' of Decemb: 1662, & vpon oath attested by John Cooper & Roger Ailing, that y^ apprizem* was just, to the best of their light, in court at Newhauen, Janua: 6% 1662. [351] II An inuentory of y" estate of Rob' Talmage, late of Newhauen, deceased, p'sented, ainounting to y" suine of 115", 14% 06^, taken Octob: 3'', 1662, & vpon oath attested by Roger Ailing & James Bishop that y^ apprizem' was just, to y^ best of their light, in court at Newhauen, Aprill 7"", 1663. An inuentory of the estate of Mathew Row, late of N. Hauen, deceased, p'sented, amounting to y® suiiie of 117', 486 RECORDS OF THE [1663 14% 02 |d^ besides some other things vnder question, taken the 5th of May, 1663, & vpon oath attested by Wilim Andrewes & Roger Ailing, that y° apprizem' was just to f best of their light, in court at Newhauen, May 6', 1663. The last will and testamt of John Fletcher, late of Milford, deceased, p'sented to y« court, made the 18ti» of Aprill, 1662, confirmed by his owne hand & scale, & witnessed vpon oath by M^ Benjamin Penn, Mf. Robert Treatt & George Clarke, sen% before y^ court at Milford, March S'^, 16|-|. Alsoe an inuentory of y° estate of y° sd John Fletcher, pfsented, ainounting to the sume of 4081', I5s^ 04"i, taken the 13''' of May, 1662, & apprized the most of it & vpon oath attested by Ensigne Alexander Bryan, Jasper Gunn, Michaell Tompkins & Richard Baldwin respectiuely as they haue been improoued, that the apprizem* they haue made is just, to y^ best of their skill, before the court at Milford, Decemb: 4"', 1662. p: Rich: Baldwin, Secret. The last will & testam' of Thomas Ford, late of Milford, deceased, pi^sented to y" court, made the IS'*' of May, 1662, confirmed by his owne hand &, scale, & witnessed vpon oath by Timothy Baldwin & Joseph Northrop, alsoe George Clarke, juni', Nicholas Campe & John Beard tooke oath to the truth of ye same before y^ court at Milford, (as in y* pbate of y« will,) June b^^, 1662. p Rich: Baldwin, Secret. Alsoe an inuentory of the estate of the sd Thomas Ford, pi^sented, amounting to the sume of 4071', 01^, OO"*, taken & apprized by Nicholas Camp & John Beard, & vpon oath affirmed by them that the apprizem* was just, to y® best of their skill, before the court at Milford, June S"", 1662. p Rich: Baldwin, Secret. The last will & testam' of George Stokey, late of Stamford, deceased, p^sented to y^ court, made the 23''' of August, 1660, confirmed by his owne hand, & witnessed vpon oath by Daniell Scofield & John Holly, before Rich: Lawe, at Stamford, the 25'h of February, 1660. Rich: Lawe. [352] II The last will & testam* of Thomas Newman, late of East-towne, in ye New-Netherlands, p^sented to f court as made the 2'^ of June, 1659, confirmed by his owne marke & 1663] JURISDICTION OP NEW HAVEN. 487 seale, & witnessed vpon oath, (before Rich: Lawe, att Stam- ford,) by Richard Mills & Samuell Mills, the 27"" of February, 1660. Rich: Lawe. An inuentory of the estate of John Waterbery, late of Stam- ford, deceased, pi'sented to the court, amounting to the sume of ^ , taken & prized by Richard Lawe & Francis Bell, in Aprill, 1659, & attested too by y^ now wife of Joseph Garnsy, the 24ti' of May, 1661, att Stamford. Rich: Lawe, before & Era: Bell. An inuentory of y^ estate of Gregory Taylor, late of Stam- ford, deceased, pi^sented to y« court, ainounting to the sume of 48', 14% 06d, taken Octob: first, 1557, & prized by Rich: Lawe & Fra: Bell, both officers in authority in Stamford, did testify vpon oath, in co"^' at Stamford, held ye 14"" of June, 1662, that these goods within written were pi'sented to them, & acknowledged by John Waterbery & his wife, to be y^ estate which y« sd Gregory Tailor, deceased, "had in possession, & left at ye time of his death, but y« sd Waterbery would not acknowledge that this was all, nor would he nor his wife attest it vpon oath to be a true inuentory of the whole estate. Alsoe the sd apprisors doe testify y' the apprizem' is just, , according to y^ best of their skiU. Rich: Lawe, Fra: Bell. An inuentory of y^ estate of Thomas Hyatt, late of Stamford, deceased, p'"sented to y^ court. This writing was pi'sented in co"^' at Stamford, June 16"', 1662, as the true acco' of all the remainder of y^ estate of Thomas Hyat, deceased, after the losses, debts & just charges payd, which sd account ainounts to ye sume of 132', 02% 03^, whereof the widdowes thirds is 44'', & then there remaines in ye liands of Cornelius Jones, the surne of 88i', 02^, 02^, as portions to be diuided amongst six children, according to law. Rich: Lawe, Francis Bell. The Co"^* agreed about goodwife Pinch that what Newhaven court had allowed in the inventory it should be payd her out of Westerhouse his estate for the use of the child, pvided it be not carried out of the jurisdiccon. 488 eecoeds op the [1663 [363] At a Court of Elections held at New Hatjen fob THE Jurisdiction the 27^^ op May, 1663. M.". Willm Leete chosen Gouern'', M"". Mathew Gilbert chosen Deputy Gouern'', M'. WiHm Jones chosen Magistrate for Newhauen, m" S"Sr ! "^osen-M^^tes for Milford, M'. Jasper Crane chosen Magistrate for Branford, The Gouern"^ & M"". Fenn chosen Coinission", & M'. Jones a 3^ man in case need require. They all tooke oath for the yeare ensueing or vntill our foundation settlem'^ bee made null. Roger Ailing chosen Treasurer, \ All for y* yeare ensue- James Bishop chosen Secretary, > inge with the caution Abraham Dowlitle chosen Marshall, ) before p'^mized. At a Gen" Court held at Newhauen for the Jurisdic- tion, THE 27"^ OP Mat, 1663. Pi'SENT, Deputies. The Gouern', Thomas Munson, \ n -vr tt Deputy Gouerns James Bishop, \^°^ ^- -tiauen. Thomas Welch, ) » ■„•.,„ ■, M^ Jones, ^ ' Richard Baldwin, \ *°^ ^i^^°^^- Mr. Fenn, I tlt;, •„,„„^„„ M'. Rob' Kitchell, ) „ n -le a Mr. Treat, K^^''^'^^^^*- George Bartlet, | ^r Guilford. M'. Crane, J L: Fra: Bell, for Stamford. L: Samii Swaine, ) « t> j? j Laurence Ward, J ^^^ branford. The Deputies presenting their certificates were accepted, wherein it appeared that all were chosen for the yeare, onely Milford & Branford for the p^sent session. The Gouernr told the court that they knew how wee stood in reference to Connecticott Colony, & yt there was a comittee apointed for y^ last yeare, therefore ppounded whether they would impowr j" same againe, which being voted, it was con- 1663] JUEISDICTION OP NEW HAVEN. 489 eluded both for ye same psons & the same power as the last yeare. Vpon information of y* complaints of sundrie, of the diffi- culty of obtaineing shooes for y^ supply of the necessityes of their families by reason of the sending away of hides & leather otit of this jurisdiccon, this court did now see cause to order, and it is ordered, that from & after the publication hereof, noe raw hide or hides be transported out of this jurisdiccon by any [354] pson or psons whatsoeuer, vpon a penaltie of the || for- feiture of such hide or hides or the valew thereof. And alsoe y' noe taned hides or leather be soe transported except it be in pay for the like valew in raw hides to be imported. And that noe tanned hide or hides be soe exported before y« same be entred wti" such officer as the plantation court shall appoint to this trust, vpon the like penalty aboue expressed, to be layd & leuied vpon the offender or offendors vpon complaint made to & proofe before y« sd court, the one halfe of the sd penalty to ye informer & y^ other halfe to the publike. The ord^r formerly made concerning troopi^' was now repealed, & their psons & horses to be entred into y^ rate, & it was desired that the furniture might be kept fit for seruise. It is alsoe ordered, (y* finding the jurisdiccon to be much in debt,) that to a halfe rate layd May 6*^ (63,) (but not pub- lished,) there be another halfe rate, which is in all one single rate, to be leuied vpon all ye plantations of this jurisdiccon & pprietors of Pagausett, two parts of which rate is to be payd in Octob: next, & the other third part in March next after, to the jurisdiccon treasurer or his order, in such pay &, at such prizes as the last yeare/ The Court considering how to pvide for Stamford, bro: Bell informed the court that the freemen desired to bee as they were the last yeare, vpon which Leiftenn' Francis Bell & Rich: Lawe was chosen deputies for Stamford for the ensueing yeare & invested w*'' the same power as the last yeare, & L: Pra: Bell now tooke oath w^i the same caution as the magistrates did, & was to administer the oath to Rich: Lawe. The busines concerning J;he custome & excise for wine & strong liquors was left with the magistrates of Milford to 62 490 • EECORDa OF THE [166S agree Mth Ensigne Bryan as ■vrell as they could for this! yeare. The sallaryes of the gouernf & deputy gouerU"^ -was left to further consideration. The Court agreed -w"" Eoger Ailing for all the 'wampom left in his hands (as jurisdiccon treasurer,) to let him haue it for thirty pound in jurisdiccon pay. .A motion was made by Rich: Baldwin, of Milford, on the behalfe of Leiftennt Wheeler liueing about Paugausett, for his admittance vnder this colony, which was well accepted, & the court was willing to encourage it but desired to speake w'^ Leiftenn' Wheeler himselfe, vpon which he came into the court & the gouern"' moued it to him & he answered to this purpose as foUoweth, viz': That there was a motion from him' selfe p^sented to this court formerly by Serj' Bald wing, where- in he shewed his willingnes to come vnder this jurisdiccon & his spirit hath not altered, but onely there hath been some demurre since, Stratford laying some claime to the place, & some ground of it was that he being at Stratford one time, there came report as if the Indians, had robbed his house & killed his servant, vpon which he hastened away himselfe & desired noe helpe, but M'. Wells being then officer there sent some helpe after him, & comeing home found it not soe as was reported, but tooke some Indians & carried them away, & since y' they haue layd claime to mee, as being an ayd to mee, [356] II but I told y" y' I intended to submitt y^ place to one of J" colonyes & had ppounded it to New Hauen ; they told him he need not trouble himselfe for he was within y^ bounds of their towne, then he told y" if they layd out their line & found it soe he should submitt, but they onely came vp to the great river & went noe further ; after this they leuied his rate for M'. Blackman,but he told y™ y* he would pay M'. Blackman but not in submission to y™, but y' which he did was in a voluntary way. After this it was desired they would p'sent their minds in writeing, which was done by Rich: Baldwin & is as foUoweth, viz* ; That there having been in this court a former tender & treaty about Leiftenn' Thomas Wheelers standing related 1663} JUEISDICTION OF NEW HAVEN. 491 vnder the account of Paugausett to this jurisdiccon, the co'* now being more fully informed y' all y« land from y« sd Leif- tenn's meadow vpwards for a considerable length betweene Potatuque River and Nagatunk River is vnder a grant vnto y^ p^sent purchasers of Paugasett, whereby the sd Leiftenn* is fully included w"' y^ rest of Paugasett in this jurisdiccon, which this CO'' doe declare to be their sence of his standing related to this colony, & doe expect y' l%e as the rest of the inhabitants of Paugasett doe yeild & acknowledge all duty & service to this jurisdiccon; which vpon the grounds before mentioned the sd Leiftenn* Tho: Wheeler doth submitt vnto. The Court considering of y« writeing did put it to vote, & soe, thereby was accepted. [The General Assembly of Connecticut, August 19tli, 1663, appointed the Deputy Governor, Mr. Wyllys, Mr. Daniel Clarke and John Allyn, " to treat w"" o' honoured freinds of N : Hauen, Milford, Branford and Gilford, aboute setling their union and incorporation "w'h this Colony," and impowered them to act according to the instruc- tions given the committee sent to New Haven in March preceding. If they could not effect a union, they were publicly to declare, " That this Assembly cannot well recent their proceeding in ciuill gonerm' as a distinct jurisdiction, being included within the charter graunted to Conecticut Corporation; and likewise they are publikly to declare that this Assembly doth desire and cannot but expect that the inhabitants of New Hauen, Milford, Branford, Guilford and Stanford, do yeild subjection to the gouerm' here establisht according to the tennor of o"^ charter, which is publiquely to be read in New Haueu." Trumb. Rec. Conn. i. 407. In consequence of the foregoing vote, the following correspondence took place be- tween the committees of the colonies. [Conn. Bee. Misc. i. 71. In the handwriting of William Jones.] jyi Hau&n Comite proposalls, August 26, 1663. To y' toao"' Coruittee from y' Gen" Assembly of Connecticut, M'. Willis, M'. Clark & M'. Allen. Gen', In ord' to a freindly treaty & amicable composure of matters in difference between vs, we earnestly desire you wold restore vs to o' intire colony state by disclaiming y' pty at Gilford & Stamford, & soe doing we offer the following queries to yo' consideraqon, as matter for such treaty, viz', 1. Wheth' y' fundamental! lawes for governm', especially y' touch- ing the qualjfloaqons of freemen shalbe the same w"" Boston or our, (i. e.) members of some one'or oth' of o' churches. 2. Wheth' o' church ord' & priviledges shall not be infringed nor disturbed, & that both y' choice & calling in of ministers in each plautaqon be establielied a church right for eu'. 3. Wheth' all o' p'sent freemen shall be forthw"" admitted & im- powredto act as yo' owne freemen to all intents & purposes. 492 EECOEDS OF THE [1663 4. WhetK' any of o' form' adj^ons* in o' distinct col: state shalbe liable to appeales or be called in question. 5. Wheth' we shalbe imediatly established a distinct county & to have soe many magistrats as necessary, 4 at least, w* a p'sident chosen yly by o' owne county court, togeth' w"" oth' inferior officers to be nominated by o'selvs. 6. Wheth' any apeales shalbe at any tyme allowed from o' countye court in ordinary cases, vnles to o' owne court of assistance, & y' vpon waighty grounds & w"" good cauqon, to p'vent trouble & charge to the country. 7. Wheth' there shall not be a court of assistance at Newhaven yearly, or oftner if need require, to try capitall causes & heare such appeales, consisting of o' owne & such oth"' magistrats as we shall desire by order fro o' p'sident. 8. Wheth' all o' p'sent magistrats & officers shall remaine in fuU pow' to govern the people as form'ly, vntill new be orderly chosen at y" next elecqon court after this agreem'. 9. Wheth' all rates & publiq" charges graunted or levied or due in each colony before this agreem', be paid & discharged by the inhabit- ants pporconably in a distinct way, & not oth'wise. 10. Wheth' at y' next ellecqon there shalbe a comittee chosen & apointed off yo' & o' ablest ministers & oth' freemen to consult & p'pare a body of lawes out of yo' & o' lawes most consonant to scrip- ture. 11. Wheth' vntill such a body of lawes be framed & agreed vpon anew mutually, all matters in o' townes & courts shalbe yssued & don according to o' owne lawes as form'ly. 12. Wheth' all o' planta^ons according to their aunciently reputed & received bounds shall not soe remaine vnalterably but receive con- fermaqon by autority of the pattent. That such treaty shall not be binding to vs w^ut consent of o' con- federats & gen" court of freemen. Wheth' y° freemen in each of o' townes may not make ord" for y' towne affaires. These impfect queries we at p'sent offer to yo' considera^on, reserv- ing libtyto ppound w' furth' we shall see needfuU, allowed by the pattent. WiUm Leete, in the name & w"" consent of y' Comittee. [Conn. Eeo. Misc. i. 72. In the handwriting of Daniel Clarke.] O proposals in answ^ to y' queries p'sented from N. H. Gomittee, Agst. 27, 63. In answer to y' queries propounded to o' consideraqo by the hono"* Comittee of N. H. we p'sent, In referenc to the proceedings of the Assembly at Conecticutt, Octob' last, in enterteineing sev'" y' p'sented themselues from Guil- ford & Stanf:, desireing to submit to o' gou'm', wch (tho aocordinge * Adjudications. 1663] JURISDICTION OF NEW HAVEN. 498 to o' chart' we apprehend we had power to admit of them or any oth' w'hin o'' p'cincts, yet) consideratis eonsiderandis, pro modo et ordme, we shall grant y' prudent considerations might haue directed vs in y' first place to haue had some treaty w'h o' hone"' freinds of these plantations for an ord'ly sethnge of themselues w''" vs into a body politique accordinge to o' charter, and therfore we are ready to retract those comissions y' haue bene giuen to any persons y" haue bene setled in publ. imploy eith' at G: or St:. And it is o' earnest desire that noe former conceaued inuries on yo' part or on o" may obstruct o" proceedings w"' you to an amicable settlement of vnion as one corporation and w'h clemency and candidnes each part may accept such proposals as are p'sented to prudent and serious consid- eration. And we doe herby declare the propensity and readines of o' sp*^ fully and finally to obliterate the memoriall of all form' occa- sions administered to vs as matf of greiuance or ofience respecting any of you. 1. For y" first quae, we answ' that the patterne or foundation from w'h we cannot vary is o' charter, nor dare we admit of any fundam"' varying from y' teno' thereof, but w' lawes may be concurring there- with and conduceable to y" publique weale of church and state we are ready to grant y" establishm' thereof, & pticularly for quallification of freemen we are ready to grant that they shalbe men of a religious car- riage visibly soe, haueing and possessing some competency of estate, and shal bring a certificate affirmatiue that they are thus quallified from j' deacons of y° church and two of j' select men of y" towne where they liue, and if there be noe deacons, then some other knowne & approued persons w'h y' selectmen as before. 2^. That y ch. ord' and privilidges w'hin these plantations, N. H: M. B: G: & St: shal not be infringed or disturbed by vs or any from vs, and that y° choice and call of the ch. officers in each planta: shal remaine a church right foreuer. 3. That vpon o' a,nd yo' vnion all y° present freemen w'hin these plantat" shalbe fortwith invested w"' full power to be and act as free- men of Conect: corporation in all concerns. 4. That aU former transactions in courts and administrate as a dis- tinct jurisdiction shalbe totally freed from future callings into question in y° court at Conecticut or elce where w"'in o' precincts, vnles any thinge controuersaU be at p'sent dependant in the court here. 5. That y' plantat' forementioned be imediately vpon o' vnion estab- lished a distinct county, and to haue soe many officers as may be suffi- cient to carry on matt" of civil judicature as a county, and shall haue power to try and issue all cases accordinge to y° teno' of o' charf, pro- vided that such cases as respect life, limb, banishm' or totaU confisca- tion, shalbe issued by a court of assistants w"'' shalbe once a yeare or oftn' if any thing extraordinary fall out w"'in any these plantations ( necessitateing the same, w°'' court of assistants shal consist of such as are chosen and ordeined yearly for these plantations, whereof one shalbe y' presd' of j' county or moderator of the courts kept in this county and chosen to y' place by the civil officers y' attend the county courts ; vnto w""" officers for y' constituteing of y' court of assist' shalbe 494 BECOEDS OF THE [1663 added 3 assistants out of the corporation such as shalbe yearly ap- pointed therunto by the gen" assembly held in May, and such as are greiued at y? sentence of y° county court shall haue liberty vpon good caution to appeale to j' court of assistants ; and y' all cases tried by this court or the county court depend' twixt partie and partie respect- ing damadge to y' sum of 40' or vpwards, and likewise capitall crimes and offences shalbe tried by a jury either of six or twelue freemen, according as y" nature of y" case require) but in capitall cases by a jury of twelue at all times. And further that all civill officers except assistants or comissioners shalbe yearly chosen by themselues for and w'hin the pfecincts of the plantations aforesaid. 6. That y' Wor" M'. Leet, M'. Gilbert, M^ Jones, M^ Fen, M', Treat and M'. Crane, be and remaine in magistraticaU power w'''in this county, and any three or more of them, as they see cause, to haue power to keep a county court, they chuseing out from amongst them- selues a moderator pro tempore, in y' presidents absence, whom we hereby nominate to be Wor" M'. Leet for the county, and this to stand in force vntiU an orderly election of officers at general! election in May next, at w""* time the freemen of these plantations shall nominate their proportion of assistants w"* other plantations in this corporation to be put to election ; and such as shalbe yearly chosen by the free- men to that place, together w"" such as the gen" assembly shall comis- sionate w'hin these plantations shal for future carry on civil judicature w'hin the county, & they being chosen and sworne to chuse out of themselues a presid' for that yeare. 7. That vntil j' election in May next, all matt's of civil judicature w"'in this county shalbe issued and determined according to j' lawes that haue bene form'ly established by N. H. Assembly, or such as are in force in y° Corporation as y" officers of this county see cause to attend, being noe way repugnant to the teno' of o' chart'. 8. That y' neighbouringe plantations either on j° Island or maine shall haue liberty to appeale from the sentenc of their courts vnto j' court of assistants held at N. H. as before declared. 9. We mutually approue of a comittee of the ablest psons y' may be had amongst yo'selues andvs to compact a Body of Lawes out of o'' and yo" that may be most sutable to further the establishm' of peace and righteousnes and the vpholding of a well ordered gouerm' in church and state. 10. That j' ancient reall and established bounds between plantation and plant: shal for euer be and remaine vnalterable. 11. That j' freemen of these plantat' shall haue power to chuse all publ country officers except assistants, to weet, comission's, deputies and constables. As for selectmen who are to ord' the civil, pruden- tial! affaires of the respectiue townes, they to be yearly chosen by a maior vote of the approued inhabitants, w"" other necessary towne offi- cers in y' respect: pi: in this county. 12. That all publ: charges and levies due for time past and vntil this instant shalbe defrayed by the respectiue townes in this county as formerly, and for those several! psons w"'in this county that haue sub- ieoted to Conecticut gouerm' that they shal also be rated after the 1663] JUEISDICTION OP NEW HAVEN. 496 sum of a penny p pound for their rateable estates w"" y° rest of y" in- habitants in their respectiue townes as before exprest. Vnto these proposals we whose names are subscribed desire a returne from the hono*^ Comittee whether you are willing to accept of them, to y° settlement of yo' vnion w"" o' corporation. N. Hayen, 27 August, 1663. Sam" Willys, Dan: Clark, John Allyn. [Nothing having been concluded between the committees of the two colonies, at the meeting of the Commissioners of the United Colonies at Boston, September 3-19, the following proceedings took place.] The complaint of theCom" of New Hauen, in behalfe of that Colony , humbly presented to the rest of the honoured com" for their aduice, ayd & succour as foUoweth, Viz: That sundry of the inhabitance of seuerall of o' townes haue been taken under the gouerment of Conecticutt, & by them encouraged to disowne o' authoraty. They refuse to obserue there oaths of fidel- ity, to atend o' courts or meetings caled by o' authoraty, or to performe other dutys w'' the rest of o' people, & so our setled order & peace is much prejudiced. 2. That constables or officers are by Conecticutts authority ap- poynted & set up amongst us, whoe are uery troublesome to us. These things & the sad consequences thereof are soe agreiuing to, the generality of o' people, & like to bring forth such uncomfortable efiects, that we cannot but present the matter to your serious consid- eration, to take some effectuall course, that such actings may be recaled & forborne, & the articles of confederation duely obserued towards us a distinct colony, your obseruant confederates. In the name of the Colony of New Hauen, W" Leete, Bostown, 17'" Sept', 1663. Benj:Fenn. An answer to N. Hauen Gent". The Com" for Conecticutt doe conceiue that there is no such cause of complaint at present from N. Hauen as hath bin mentioned in their paper, there haueing bin diners freindly treaties about the matters in difference, & very amicable ppositions & tenders formerly & now againe uery lately propounded by a comittee from the courte of Conecticutt, who had of late a freindly conferrence upon it w"" y" comitty of N. Hauen, & a coppye of those ppositions were presented now by M'. WiUys, one of y' magistrates & one of the s'' comittee of Conecticutt, & the sayd amicable ppositions were now read to all the com'' & not disliked by them, & we hope they are yet in a fayre way of farther treaty towards a freindly compliance, &; are assured that the court at Conecticutt did neuer intend to doe, nor will doe, any injury or wroung to them, but will be ready to attend all just & freindly wayes of loue & corrispondence; & whateuer hath ben now 496 EECOEDS OF THE [1663 suggested by way of compl"', we doubt not but they will returne a faire & sattisfactory answer to them when they haue notice thereof. Sept' 17'". 1663. John Winthrop, John Tallcott. New Hauens replye. The Com" of N. Hauen Colony cannot approue of the answer or appolegie of Conecticutt Com", in saying that they conceiue there is no ground for o' complaint, the case being as related, & can proue nothing being done to reuerss or sattisfy upon that acco', or pmised but conditionally, & in treaty onely, wherein we haue & doe desire to carry as amicably towards them as they towards us ; but how it should be sayd, that the court of Conecticutt neither intended nor would doe us any wrounge, while such injuries as are complained olGF are not righted, nor yet absolutely promised soe to be, wee see not, & therefore cannot but desire the senee of the com" upon the acting complained of, while its not knowne how farr those ppositions mentioned wiU be sattisfac- tory to o' people, nor what issue will be attayned for setlement of affaires according to confederation, (in case,) which we stUl cleaue unto. W" Leete, Benj: Fenn. The answer of the Massachusets & Plimoth to the complaint of New Hauen is as followeth. The Com" of .the Massachusets & Plimoth, haueing considered the complaint exhibited by N. Hauen against Conecticutt for infringing there power of jurisdiction, as in the sd complaint is more perticulerly expressed, together w"" the answer returned thereto by Conecticutt Com" w'" some other debates & conferences that haue passed between them, doe judg meet to declare, that the sayd Colony of N. Hauen being'owned in the articles of confederation as distinct from Conecti- cutt, & haueing bin soe owned by the colonyes joyntly in this present meeting in all there actings, may not by any act of violence haue there liberty of jurisdiction infringed by any other of the Vnited Col- onyes w"'out breach of the articles of confederation, & that where any act of power hath bin excerted against there authority, that the same ought to be recalled & there power reserued to them intire, untill such time as in an orderly way it shall be otherwise disposed; & for perticuler greiuences mentioned in their complaint, that they be refer- red to the next meeting of. y" com" at Hartford, where Conecticutt haueing timely notice, may giue there answer thereto, vnless in the mean time there be an amicable vniting for the establishment of their peace, the w"" we are perswaded will be uery acceptable to the neigh- bouring colonies. Simon Bradstreet, President, Tho: Danforth, Tho: Prince, Josi: Winslowe. Rec. U. Col. Sept. 1663. 1663] JUEiSDICTION OP NEW haveK. 49? [The General Assembly of Connecticut met on the 8th of October. They adminis ered the oath of constable to Francis Browne for the town of Stamford, and appointed Mr. Willys and the Secretary to write a letter to New Haven, declaring that the court could do no less for their own indemnity than to manifest their dissatisfaction with the proceedings of New Haven, Milford, Branford, &c., in their distinct standing from them in point of government, " It being directly opposite to the tennor of the Charter lately granted to or Colony of Connectioutt, in w"'' Charter these plantations are in- cluded. Wee allso do expect their submission to C gouerment, according to p' Char- ter and his Majestyes pleasure therin exprest, it being a stated conolution of the corn's that jurisdiction right allwayes goeth w"' patent. And whereas the afoarsd people of New Hauen, &c. pretend they haue power of gouerment distinct from us, and hane made seneraU complaints of wroungs reoeiued from ns, we doe hereby de- clare that 0' councill will be ready to attend them, or a committee of theirs, and if they can rationally make it appear that they haue such power, and that we have wrounged them, according to theu- complaints, we shall be ready to atend them w"" due sattis- faction." Trumb. Eec. Conn. i. 416.] At a Court op Magistrates held at _Newha0en, Octob: 21th, 1663. P'sent, the Governor, Deputy Governor, M^. Jones, M''. Fenn, M' . Treat & M'. Crane. An attachement haueing been grannted to George Adams, of Branford, vpon some estate of M"^. Jefferd, of Ling, which was found in this jurisdiccon, George Adams aforesd now apeare- ing was asked what he had done in giueing notice to M'. Jef- ferd aforesd for his attendance ? He answ"^"^ he had sent to him but it was soe lately that it was not likely he could attend this co"^*, therefore he desired the busines might be respited to y^ next co'' of magistrates till y" man may haue sufficient notice & he gaine further euidence for himselfe in the case, but he desired y' he might haue y^ horse into his custody which was attached & he would give in security for him, because the horse, lay now vpon charge. The Court considering of the case did conclude that George Adams giueing in security in a bond of twenty pound to saue the court harmeles & to answer the case at y« court of magis- trates in May next, & w'euer damages may ensue herevpon, vpon this the horse was to bedelivered to him, that soe further charges be not expended on him. James Bishop, (attornie for M". Luoie Farneden,) haueing 63 498 RECOKDS OP tHfi [1663 made claime vpon the estate of M". Elizabeth Godman, (deceased,) now in the hands of Thomas Johnson, desired of the court right in the case, & for that end pi'sented a letter of attornie from M". Farneden aforesd, w'^ a certificate vnder the hand of a justice of the peace that shee was the onely naturall sister of M". [The Record remains thus incomplete, and to this succeed two entire blank pages.] [358] A true coppy or record of Governor Winthrop his letter to Major John Mason, Sf y' rest of y° Court, Sfc. Gentlemen, I am informed by some gentlemen, (whoe are authorised to seeke remedy here,) that since you had y« late Patent there hath been injury done to y« goYernm* of Newhaven, & in par- ticular at Guilford &, Stamford, in admitting of severall of y= inhabitants there unto freedome w"" you & appointing officers, which hath caused divisions in y= sd townes, which may prove of dangerous consequence if not timely prevented, though I doe hope y^ rise of it is from misunderstanding & not in designe of prejudice to y' colony, for whom I gave assurance to their friends that their rights & interests should not be dis- quieted or prejudiced by the Patent, but if both govemm'^ would w"» unanimous agreem' unite in one, their friends judged it for advantage to both. And further I must let you know that testimony here doth affirme that I gave assurance before authoritie here, that it was not intended to meddle with any towne or plantation y' was settled under any other gov- ernm' ; had it been any otherwise intended or declared, it had been injurious in takeing out ye Patent not to have inserted a proportionable number of their names in it. Now iipon y^ whole, haveing had serious conference w"> their friends author- ised by them, & w"' others whoe are Mends to both, to pi^vent a tedious & chargeable tryall & uncertaine event here, I prom- ised them to give you speedily this representation how farre you are ingaged, if any injury have been done by admitting of freemen or apointing officers, or any other unjust intermed- ling w"> N. Haven Colony in one kind or other without y« approbation of y^ governm', that it be forthwith recalled, & y' for future there wilbe noe imposing in any kind upon them, nor admitting of any members w">out mutuall consent, but y* all things be acted as loveing neighbouring colonyes, as before siich Patent graunted ; & unto this I judge you are oblieged, I haveing ingaged to their agents here y' this wilbe by you 1663] JUEISDICTION OP NEW HAVEN. 499 pformed, & they have thereupon forborne to give you or mee any trouble, but they doe not doubt but upon future consider- ation there may be such a right understanding between both governmt^ y' an union & friendly joineing may be established to ye satisfaction of all, wch at my arrivall I shall alsoe endeavor (God willing) to promote. Not haveing more at prsent in this case, I rest, Yo^ humble servant, London, Mar. S-J, 1662. John Winthrop. Supscription, For Major John Mason, Deputy Governor of Conecticutt Colony & y« rest of y^ court there at Har'fcford, dd. [359] A true coppy of his Maj"-" U to the Governors 8f Assistants of y' Massachusets, Plimouth, New Hauen, Connecticutt Colonies, in New Eriffland, follow eth, Charles R. Trusty and welbeloved wee greet you well, whereas we haue been given to vnderstand that o"" good subjects Thomas Chif- finch, John Scott, John Winthrop, Daniell Denison, Symon Bradstreete, Thomas Millet,* Richard Sihith, Edward Hutch- inson, Amos Richardson, John Alcocke, William Hudson, and their associats having in the right of Major Asherton, a just ppriety in the Narragansett countrey in New England, by graunts from the native princes of that countrey, and being desirous to improve it into an English colony & plantation to the enlarging of o' empire and the comon good of o"^ subjects, they are yet daily disturbed and vnjustly molested in their possession & laudable endeavours by certaine vnreasonable & turbulent spirits of Providence Colony of New England aforesd, to the great scandall of justice & governm* and the eminent discouragem' of that hopefull plantacon, wee haue therefore thought fitt hereby effectually to recornend the said proprietors to yC neighborly kindnes and protection, (the pprietors to be pmitted peaceably to improve their colony and plantacon in New England,) willing you to be on all occasions assisting to them against such vnjust oppressions & molestations, that soe they may, be secured in the full and peaceable enjoyments of their said countrey according to the right and title they have to it, wherein we will not doubt of yc readines and care, and shall on all good occasions express how gratiously we accept of yc compliance with this our recomendation, and soe we bid *Althongh_here recorded Millet, yet in a copy of the same letter certified by " James Bishop, Seer." and sent to Connecticut, (For. Cor. i. 2,) the name is ■written Willett, which is correct. The name Aeherion below should read Atherton. 500 RECORDS OP THE [1663 you farewell. Given att our court att Whitehall, the 21*1' day of June, 1663, in y« fifteenth yeare of our raigne. By his Maj'i^s comand, Henry Bennett. His Maj'i^s signe manuell annexed. Endorsed & directed as foUoweth, To our trusty and welbeloved subjects, the Governors & Assistants of y« Massachusetts, Plimouth, New Hauen, and Connecticutt Colonyes, in New England, Examined by the originall, p me, W™ Jones. [360] At a Genii Court held at Newhauen poe the Jdris- DICCON THE 22'li OP OOTOB. 1663. P^'SENT. Deputies. The Governor, L:John Nash, | for New HauS Deputy Governor, James Bishop, J Thomas Welch, Mr. Jones, ") Richard Baldwin, j M^ Penn, [Mag-is- M'. Rob* Kitchell, ) a •^f ^ M^ Treat, ftrates. George Bartlet, \ ^^^"orQ Mr. Crane, J M'. Rich: Lawe George Slawson, f Stamford. L: Sam'i Swaine, ) -r. » j Lawrence Ward; j ^ranford. The Court being mett togeth^, the governo' informed them yt the comittee had sent a letter to Conecticutt lately, since their returne from y« comissioners which is as foUoweth, Hono"i Gent: . Seeing that it hath pleased the Almighty whoe is o' defence, (at this session of the comission'"s,) not to suffer any mine to spring for subverting that ancient wall of New Englands safety which himselfe hath erected vpon the foundation of o' soe solemne & religious cofcederation, but further vnanimously to establish the same, wee thought it might not be vnacceptable on 0"' part to p'sent you w'^ our request at this season of yo' gen'i assemblyes meeting, that you would observe to doe according to their conclusions, reminding to recall all & euery of JO' former acts of a contra:^ tendency and please to signify 1663] JUEISDICTION OP NEW HAVEN. 501 the same to vs before our gen" court held the 22"' instant, whoe will then expect it before they returne answer to yo"^ ooinittees pposalls. Yc cordiall & ready attendance vnto this 0"^ request (we conceiue) wilbe noe obstruction to an amicable treaty for complyance, but rather the contrary if the Lord shall please to owne & succeed such endeavors as meanes for the better flourishing of religion & righteousnes w"* peace in this wildernes. And we cafiot app'hend y' you need to feare any damage to yo' pattent hereby from his Majesties takeing offence at soe honest a carriage, there being noe express inter- diction of Newhauen Colony inserted therein, nor any intendm* of yo' agent to haue it soe injuriously carried against ys, and now alsoe haue you y^ encouragement of all yo"" confederates to apoUogise vpon y' account in case any turbulent spirits should suggest a complaint, whom the righteous God can coun- termand & disapoint, to whose wisdome & grace we recomend you & all yo' weighty concernemt^, resting Gentlemen, Yo' very loueing & expectant confederates. The Comittee for N. H. Colony, By James Bishop, Secretary. New Hauen, Octob. eth, 1663. ■ Alsoe y« conclusions of the comission'^ in reference to this colony was read to the court, with M^ Winthrops letter (which is alsoe recorded in page ^ ) viz': a transcript of w' he wrote to y« court at Hartford. The Deputies alsoe signified the mind of j" freemen as not at all satisfied with Coiiecticutts coinittees pposalls, but thought there should be noe more treaty w-'' y°> vnless they first restore vs to our right state againe. The matter was largely debated, & the court considering [361] how they of || Coiiecticutt doe cast off o' motion in y« forementioned letter & giue vs noe ansW, but that contrary therevnto is reported as that they haue farther encouraged those at Guilford & Stamford, therefore this court did now order that noe treaty be made by this colony w"' Coneoticutt before such acts of power exerted by them vpon any of o"" townes be revoaked & recalled, according to Hono^^ M'. Win- throps letter engaging the same, the comission''s advice, & our frequent desires. It is ordered that y« magistrates or other ofiicers where there is noe magistrate, doe giue forth their warrants accord- 502 RECORDS OP THE [1663 ing to law, to attach & make seizure of such psonall estate in pportion, for the paym' of their rates, who vpon legall demand made, haue or shall refuse the same, & that y^ orders pvided in case of distresses be carefully attended, provided y' for the pfservation of the publique peace, in case of resistance & forci- ble rescue, violence be not vsed to occasion y« shedding of bloud saving in their owne defence, but y' such officer or offi- cers soe by force of armes resisted in discharge of their duty, make report of such resistance & rescue with sufficient proofe to y" magistrate or magistrates, or other officer of the planta- tion where it happens, in due season, to be pi'sented to the generall court. After this the court came to consider first, whether it was not necessary for vs to vse meanes to England for our legall settlem' ? & after serious debate it was concluded as necessary. 2. What way or meanes might be best for y' end? After large debate therevpon, it was concluded as best for vs and most feaseable as y^ case now stands w"" vs that we seeke a letter of exemption from his Maj'y & to leaue the matter con- cerneing a pattent in C instructions to our agents in England as they shall judge best. Now for the obtaineing of this, it is ordered that a rate of three hundred pounds be leuied vpon all the plantations in this jurisdiccon & pprietors of Paugasett, in such pay as other rates but att price currant w"i the marchant, & in this rate noe pson to be exempted. This to be payd to any that shall disburse moneyes vpon this account vpon convenient notice given & demanded, the money appeareing to be payd. Now for the managing of this aJBfayre, a comittee was judged necessary to draw vp matters into forme & send to some agents in England whom they judge fittest, and for this end ye gov- erno"^ & the magistrates & elders of Newhauen, with M'. Bache, were appointed a coinittee for this aflfayre. It is ordered that j^ 28"' of this moneth be kept a day of solemne & publique thankesgiveing for y mercies of the yeare past (through this colony) pticularly for a comfortable harvest & health, & y' yet ye gospell & liberties thereof is continued to vs & our peace lengthened out in this our p^sent vnsettled 1663] JUEISDICTION OP NEW HAVEN. 503 state, with sundry successes giuen to our endeavors in order therevnto ; alsoe that the Lord by his merciful! pvidence, wlio euer watches ouer his people, hath been pleased to giue them some breathing time in y« enjoyment of present liberties not- withstanding their feares. [362] II It is ordered that the 11*'' day of the next moneth com only called November, be set apart for extraordinary humiliation & seeking of God by fasting & prayer in ye iDehalfe of the aflicted people of God through the world, & yt he would looke towards vs in our exercised condition & guide to the right vse of meanes for our settlement & giue a blessing to w* endeavors shalbe vsed for yt end. It was ppounded to the court that they would againe encour- age a small troope, which they thought might be very vsefuU, & it was sd y' Leiftenn* Wheeler was willing to encourage the buisines. The co"^' vnderstanding y' L: Wheeler was in y® ordiaiary did send to speake w'*' him, whoe comeing into y« court & being desired to speake his thoughts concerneing it, he declared, that he looked vpon it as very vsefuU & necessary, & thought the countrey was wanting to themselues in y' they did improoue noe more in y' way, for he should choose to lessen the foote company to strengthen the horse, especially if an adversary had horse. He being asked if he had been excer- cised in y' way ? answered that his ability was but litle, some- thing he had done in it, &c, and being asked of his disposition & inclination to y« worke, ansW"* that he liued something remote & it would be a pi'judice to him to attend it but he would rather deny himselfe then the buisenes should ly still for want of his helpe. The co^' declared themselues willing to encourage him & the worke, & ordered that if any would fur- nish themselues as troopers, being approved by the authority & military officers in each plantation, this court should coun- tenance & encourage them. Leiftenn' Wheeler desired to ppound something to y^ court, & haueing liberty declared, that he found some annoyance by the Indians planting soe neare their borders & not fenceing any thing. like, but their creatures may goe in as they will, that he can keepe noe hoggs but in penns ; now how far their 604 secords of the [166^ duty is & ya Indians in reference to fenceing he desired to be informed. It was told him y' it were necessary y' the Indians should be p'sent to see what allegations they can make, there- fore the court did advise him that he w^^ the jnhabitants of Paugaset & the Indians would come to Milford court, & there to endeavour a complyance betweene y°>selues before y™. The salleries of the governo"^ & deputy governo"^ being left at May court to further consideration, came now to be consid- ered, & concluded that they could gladly have abated nothing of what was formerly, yet considering the low estate of the colony & many falling off from us they agreed 40" for the govern'' and ten pound for the deputy governor for this yeare. [363] At a Court op Magistrates held at New Haven THE Qth OF Decbmb: 1663. Prsent, the Governo'', Deputy Governo', M*. Jones, M'. Penn, M'. Treat & M^ Crane. John Cooper p''sented his complaint to the co""' against Mary Betts, a girle y^ lived with him, who had fired his barne & corne in it, as by her confession hath appeared ; alsoe against her sister Han ah Betts & her mother, as feareing they might be accessary to it. Goodwife Betts being pi^sent was wished to dept the court for a while & Mary Betts was then called & asked her name, whoe owneing her name to be Mary Betts, her examination taken before the magistrates at Newhaven the 25th of Novemb: 1663, was read in her heareing before the co"^', & is as fol- loweth. The Deputy Governor called her and told her y' they heard y' shee had kindled the fire in her masters barne, whereby barne & corne was all consumed, & therefore she was asked how she did it ? She answered that shee did it with a fire- sticke which she tooke out of the house, & being asked how long she was about it, aDsw''"! a pretty while; and being asked w* moved her to it, she answered that her sister Hannah bid her when she was at their house ; and being asked what her 1663] JUBisDicnoN op new haven. 605 sister sd to her, she answered that she sd that if she was bound there she would sett the house & barne afire too ; and being asked if shee disliked her place, answ^"^ that she loved her dame well but she had rather goe home to see her mother then stay there, & she wished she might goe home with her sister, & further sd y' her sister advised her to doe it, for her sister was vexed with her dame because her dame chid her, and she sd she chid her because she could not doe the worke in the house, as sweeping the house, washing j^ dishes, &c; and being asked w' her dame sd to her sister, she ansW"^ not, but sd that she had it not in her thought to doe it before her sister spake soe to her ; and being asked what moved her to doe it yesterday, did yo^ dame chide you ? she answered yes ; and being asked for w' ? she sd-because shee had tooke some of her aples out of the titb & her dame sd y' she would fill the tub againe & if she tooke aiiy more shee would whip her; and being asked where her sister gave her that counsell ? she answ^ that it was in the yard, when her dame was not at home, & she sd to her that she could not abide she should live there, for she would be nothing but chid. Then she was alsoe told that they had heard y* she had threatned since to burne the house, & was asked y« reason why she sd soe, she _answered because they vexed her; this she spake to Jn° Ginne & goodw: Dickerman, & being asked if she did not know it to be a wicked thing that she had done, she answered yea. These things being read to her she owned in all the pticu- lars & sd that it was true which she had sd concerning her sister ; she was asked if she had considered of her wickednes & if she had done well in it, she answered noe, nor would she doe soe againe. The Court vnderstanding that her mother had been w"^ her [364] at the 1| marshalls, asked her w' her mother sd to her, she answ^ that her mother bid her speake the truth & asked her if she set y« barne on fire, she answered yea ; she asked her who see her, she answ^-^ that Zachariah & Nathan" How; she asked her if her sister Hannah bid her ? she answered y' she did ; then her mother sd that her sister did not bid her, but said she was a lieing girle, but Hannah would not lie. 64 606 BBCOBDS OF THE [1663 Then she was told seriously of her evill both against God & her master, & how she had done the divells worke & given an ill example to others, therefore had need to crave mercy soe farre as may stand with justice. Then shee was asked if her sister did not tell her of another that did soe; shee answered that she told her y' M"^. Cranes mayd burnt a barne & had nothing done to her & was released from her servise, & she was a litle girle & if she did it she would have nothing done to her but chid; then she sd she told her sister that she would not doe it, but her sister sd she should & then shee should goe home, & she would have her goe home w'^ her, & further sd that if she was there she would burne the house & barne too. Then Hannah Betts was called ea speciall sertice. To our very loveing freind John Bndecott, Esq ; Governor of his Maj'ies plantations in New England, and to the Governor & Councell of the Colony of the Massachusetts w"> the rest of the Governors of the English plantations in New England respect- ively, and by order of the Gen" Court at Boston entred upon record in that court, is particularly directed to the Governor of the sd Colony of Newhaven, in which letters his Maj'y hath comanded this Colony many matters of we^ht, very much respecting his Majesties servise & the good of this countrey in gen'i, expecting upon his displeasure the strict observance thereof, which this court (most of the townes of this colony being situate by the sea side & soe fitly accomodated to fulfill [368] his Maj''«s || comands) are resolved to their utmost to obey & fulfill, but in their consultation thereabouts they find through the disloyall & seditious principles & practises of some men of inconsiderable interests, some of his Majesties good subjects in this Colony have been seduced to rent y™selves from this Colony, by which division his Majesties affayres in these parts (in case some speedy course be not taken for the prevention thereof,) is Uke to suffer, the peace of this countrey to be endangered, & the heathen amongst us scandalized ; the which if we should connive at, especially at this time, his Maj'y haveing soe particularly directed his royall cofnands to this Colony as aforesd, we might justly incurre his displeasure against us; this Court therefore doth in his Maj'i^s name require all the members and inhabitants of this Colony heartily to close w"' the endeavors of the Governo'' & Assistants thereof, for the fulfilling his Majesties comands in the sd letters expressed, & in order thereunto to returne to their due obedi- 612 RECOBDS OF THE [1663 ence and paying their arreares of rates for defraying the neces- sary charges of the Colony & other dues, v'hin six dayes after the publication hereof, unto such pso'n or psons as are or shalbe apointed to collect the same in attendance to the lawes & orders of this Colony. All which being done, this Court shall for ever pa,ss6 by all former disobedience to the governm' ; but if any shall p'sume to stand out against his Maj''^^ pleasure soe declared as aforesd concerning this Colony, at y periU be it, this Court shall not fayle to ■ call the sd psons to a strict account & pceed against y"», (as disloyall to his Maje'y & dis- turbers of the peace of this Colony,) according to law.* * From {ke Qmmeciicut Cknmcil Record. " At a meeting of the counoiU the 28"> of Decerabf, 1663. John Wiathrop, Esq', Gou : M'. Bray Eosseter, John Bishop, Isaok Crittingdon & M'. Allyn, John Eosseter presented a declaration dated at New M'. Willys, Hauen, December 18, 1663, signed by James Bishop, M'. Wooloott, Secretary, which declaration was ordered by the court L' John AUyn, of magistrates at Newhauen afoarsayd to be published, &,a, as the say d declaration deolareth ; the sayd M'. Eosseter allsoe pomplayneing of some threatening expressions that haue bin by some uented against diuers that haue submitted to the gouerinent of Conneoticutt. " This Councill haueing considered the premises & feareing the peace of the colony will be interupted by these motions vnless some speedy course be taken to preuent it, doe nominate & appoynt M'. Willys, John Allyn & M'. Wayt Winthrop to goeto Guil- ford to treat w"> M'. Leet (and any other whom M'. Leet shall desire to joyne w'!" him- selfe) about the indemnity of the persons & estates of those that haue actually joyned to 0' gouerment, according to these followeing instructions, " 1. If the sayd M'. Leet wUl giue securely by his word for the indemnity of the afoarsayd persons and y estates, then yon are to propownd some propositions for 0' vniteing, according to priuate instructions. " 2. If they will attend any such propositions, if you- cannot com to a oonclution & issue, you are to appoynt a meeting at Midleton for a farther treaty, where this coun- cill will send a oomittee fuUy impowered to conclude all matters between us and N. Haven and the rest. " 3. If none of these propositions will be attended by them, then you are in his Ma''" name & by order from the councill of this colony to require them to forbear putting in execution there afoarsayd declaration against any of those that haue joyned to c gouerment, & allso to administer the oath of a constable to John Meggs, and to require him to use his utmost endeauour to mayntajne the peace of this colony amongst those at Guilford that haue joyned to the gouerment of this colony." The following is all that remains of any correspondence which passed at this time. [Misc. i. 75. Draught by Secretary AUyn.] Guilford, Decemb' 30'ii, 1663. Worthy S', After the presentation of o' seruice unto yourselfe, you may please to under- stand that we vnderwritten, being a comitte authorized by the council of y= Colony of Coneoticutt, doe desire that yourselfe would be pleased to giue us a meeting to 1663] jurisdiction op new haven. 518 At a GbneIi Coubt held att New Haven fob the Jubis- DICCQN, THE 7^ OP Ja,nitabt, 1663. P'sbnt, Deputies, The Governo'-, L. John Nash, ) » t,t -rx Deputy Governor, James Bishop, J ^'^ ^- ^^^^"• Tho: Welch, ) „.,„ ■, M^ Jones, ^ Rich: Baldwin, \ ^i«<^^^m^strates. ^^^^ gerantum, \ ^'''^^^'^' M'. Crane, J M'. Rich: Lawe, ) ^^ . . L: Pra: Bell, [ Stamford. L: Sam" Swaine, ) t, j. -, Lawrence Ward^ | Stanford. Tte publishing of the former declaration at Guilford occa- sioned Mr. Rossiter & his son to goe up to Goiiecticutt, & there obtained two of their magistrates, marshall & sundrie others to come downe w'h them to Guilford on the SO'i* of Decemb: last, whoe comeing into the towne at an unsea- sonable time of night, their partie by shooting off sundry guns caused the towne to be alarmed unto great disturbance, & some of them giveing out threatning speeches, which caused [369] the governor to send away speedily to || Branford and Newhaven for helpe,* which caused both those townes to be morrow about nine pf y^ clocke, to treat of snch things as present concernments doe require, ' Yours, Sam. Willys, S', we desire your answer by y bearer. John Allyn, James Richar^, Wait Winthrop. These for W" Leete, Esq' at his house in Guilford. [Misc. i. 74. In liandwriting of Got. Leete.] Guilford, Deo. SO"'', 1663. Hon"! Gentlemen, My answer sent before by Jonatha Gilbert was in emest; to let you know ffly true capacity & resolutio, fro Wi" I cannot recede, & rest, Yo" in w' I may, [Wiflm Leete.] For Mr. Willis, Mr. Jo. Allin, Mr. Richards, [Mr. Waits W^mtlnop.] * At a General Court for New Haven, December 31, 1663, Mr. Jones acquainted the town with the business of Guilford the last night, and how they had sent away six troopers to see what the rnatter is, but ordered them not to provoke, neither by word nor action, but to keep thepeacg. Town Bee. iii. 31. In the spring of 1665, after the union, Mr. Eossiter procured a summons for the 514 " EBCOEDS OP THE [1663 alarmed alsoe, to great disturbance, y« same night, -which caused sending of men both from New Haven & Branford. Now for the gaineing of a right understanding of the busines, & to consider w* to doe upon this & the like accounts, occa- sioned the calling of this court, though the "weather proved very unseasonable. But the Court being mett together (soe many of y™ as could possibly stay,) the governor related the whole buisines to the best of his remembrance, & among other things he informed the court that those gent: of Cpnnecticutt that came downe with M^ Rosseter & his sonne did earnestly desire that there might be at least a suspension of the execution of that declar- ation, till there might be another conference betwixt them & us, wherein they hoped matters might come to a more com- fortable issue, & they very earnestly pressed for such a thing, urging how dangerous the contrary might be, for they sd that w' we did to those men whom they had admitted, they must take it as done to Coiiecticutt Colony, &c. Therefore he now desired to know the mind of the court, whether they would yeild to them soe farre or noe ; but the court considering how fruitles all former treaties had been, & yt they had formerly ordered that there should be noe more treaty with y™ unless they first restore us those members which they had soe unright- eously tooke from us, therefore did now againe confirme y^ same, & in y« issue came to this conclusion, to desire M'. Davenport & M^. Streete to draw up in writing all our griev- ances & then w"' the approbation of as many of the cofoittee as could come together, to send it to Conecticntt, unto their gen" assembly, which accordingly was done in March next, which writing you have recorded after the conclusions of this , court, with arguments annexed & sundry testimonies both from Guilford and Stamford. appearance of Mr. Leete and William Seward before the court at Hartford, to answer " an action of vniust molestation mannadged in an hostil manner," grounded on what took place at this time, whereupon Mr. Leete went oyer to New Haven to see if they would stand by him, for what he did then, he did as governor of the colony. The town voted that he was justified, but the court and jury found for Mr. Eossiter costs of court, but could not agree as to the damage. The case was afterwards appealed, and settled by the general court. N. H. Town Eeo. iii. 65. Eete. P. Court 31, 38. Trumb. Ool. Eeo. Conn. ii. 23, 25, 26, 40. 1663] JDEISDICTION OF NEW HAVEN. 615 Then it was alsoe ppounded whether this court would con- firme the former declaration sent forth by the magistrates, which was by vote concluded. It is alsoe ordered that for the p'servation of the peace of this colony, & for the more speedy execution of justice in each of the plantations thereof, a court of magistrates may sit with full power to act & doe in all matters within their power by former laws established, in any of the plantations within this colony, as if the same were at Newhaven, any law or former vsuage to the contrary notw'hstanding, pvided the same be upon lawfull sumons. This to continue till further order. It was alsoe ppounded to this court about the respect shewed to Capt' Scott & the charges that had been expended, whether they would allow it or not, alsoe some wheate, Indian, boards & leather, which he had received. The court considering that he had been a good freind to the colony in generall, & to some principle psons in -particular, did by vote conclude that it should be allowed by the publike. It was alsoe agreed that the comittee should treate w'^ Capt. Scott about getting a Pattent for Delaware. [At a meeting of the Council of Connecticut Febraary 6th, 1663, Mr. Samuell Wil- lys, Mr. Henry Woloott, John AUyn and Mr. James Eichards, were desired to go to Guilford and New Haven with these instructions. " It is agreed by the councill that if o' honoured freinds of N. H., Guilford, Brandford, Milford & Stanford, will treat w"" us for an accomadation, then we will graunt & confirme to them all such priui- ledges as they shaU desire, which are not repugnant to the tenour of o' charter. (" This foUoweing perticuhr is not to ie put in execution before we heare what o'^ hono'^^ gouernour ^ the rest effect there.) " But if they will not treate w''' us; & agree for their setlement, then they are hereby ordered to read the charter at a publique meet- ing (if they can attaine it) & to declare that we expect their submis- sion to his Majesties order therein conteined; & allso to comission those now inplace to gouerne the people there according to lawe untill farther order be taken, & to draw up a declaration which shall be publiquely made knowen to y' people, whereby they may be informed what rational! & christianlike propositions haue bene made to the gent" there, in seuerall treaties for the setlement of o' & their vnion." Conn. Council Rec. The committee set out on their mission towards the latter part of the month, and the following doouinents shew what was done. 516 EECOEDS OF THE [1663 [Conn. Eeo. Misc. i. 78. In handwriting of William Jones.] 24'" 12" 1663. Gentlemen, In order to treaty we propound as a riecessaiy expedient that yo'* redintigrate o' colony by restoring o' members at Stamford and Gilford, that the confedera^on may be repaired & p'served, then we have pow' from o' gen" court to treat w"" yo° and to settle agreem" according to God, between yo' colony & ours for future peace fcetweene TS, for o'selvs and o' posterity mutually, w"" we shall readily attend vpon o' receipt of yo' positive consent to the p'mises testified by yo' joint subscripqon therevnto being made an authenticall act, Willm Leete, Mathew Gilberte, W" Jones, Beniamia Fenn, Jasper Orane, Robert Treatt. [IVIiso. i. Doe. 77. Draught by John Allyn.] Feb. 24% 1663. Gentlemen, In answer to your proposalls fc as an expedient for j" promoteing of peace we propound as followeth, 1. In reJGference to your dissatisfactions respecting diuers persons of Gilford & Stamford, & to preuent diuissions In those plantations, it is agreed that they be ordered to submitt to y" same authority w"" their neighbours in those places. 2. It is agreed that all y' elected officers in N. Hauen, Gilford, Mil- ford, Branford, be hereby authorized to administer justice to the people in those plantations according to lawe, & the people to chuse new officers at N. Hauen at y' usuall time for that purpose for the man- agement of y' affayres w'^n those plantations, w"* due caution that o' patient be noe wayes violated yTsy. 3. That all motions or occasions tending to obstruct further vnion be carefully shuned, & that all past greiuences be buryed, upon a penalty on any that shall reuiue them. 4. And that it be referred to y' prudent consideration of those in place of authority both in ch: & comonwelth to thinke of accomoda- tions most conduceable to y° settlem' of religion & righteousnesse vpon the firmest basis of peace, truth and vnity, for the benefit of pos- terity, & y' some sutable persons doe meet to y' purpose when either the much honrd M'. Winthrop or M'. Leet shall judge it a fit season, y' soe brotherly amity may be propagated to future ages. Sam" Willys, Henry Woolcott, John Allyn, James Richards. [Misc. i. Doe. 79. In an unknown hand.] Feb: 25: 1663. Gentlemen, As to your first artickle in your paper sent vs, wee quserye whyther it bee'an aulhehtick act as donne by yow, or not tyll it bee cohfyrmed 1663] JURISDICTION OF NEW HAVEN. 517 by your generall assembly ; w"'' if it bee, wee desyre that yow doe sig- nifye soe much vnder your hands, as also that they are posaitiuely restored to this iurysdiction by vertue thereof. WiUm Leete, in the name of the rest of y° Magistrates. [In the hand of John Allyn.] Feb. 25, 1663. Gentlemen, In answer to yours we returne that we are ready to make authen- tick what we haue proposed to you, if you please to treat w'^ us as they are .propounded. John Allyn, in y' name of y» Comitte. We expect your answer whether you please thus to treat w* us or not.J [370] The -writings sent to the Gen" Assembly of Conecticutt here followeth, & the first is called Newhavens case stated. [To y« hono^'J John Winthrop, Esq"-, Governo'', or to y^ hono"^"! Major Mason, Deputy Governo"" of Conecticut Colony, to be comunicated to the hono^^ the Generall Assembly for ye s^ Colony.] Hono'''i & Beloved in the Lord, We, the Gen'' Court of New Haven Colonic, being sensible of the wrongs which this Colony hath lately sufiered by yo"" unjust prsBtenses & encroachm'^ upon our just & pper rights, have unanimously consented, though w"i greife of heart, being compelled thereunto, to declare unto you & unto all whom the knowledge thereof may concerne, what ycselves doe or may know to be true, as foUoweth, 1. That the first beginners of these plantations by the sea side in these westerne parts of New England, being ingaged to sundrie freinds in London & in other places about London, (who purposed to plant, some with y™ in the same towne, & others as neare to y™ as they might,) to pvide for themselves some convenient places by the sea side, arrived att Boston in the Massachusetts, (haveing a speciall right in their Pattent, two of y™ being joint purchasers of it w^i" others, & one of y™ a pattentee & one of y^ assistants chosen for the New England Company in London,) where they abode all the winter fol- lowing, but not findeing there a place suitable to their pur- pose, were pswaded to view these parts, which those that viewed approved, and before their removeall, findeing that noe English were planted in any place^ from j« fort (called Say Brook) to the Dutch, purposed to..ptirchase of the Indians the 618 EECOEDS OF THE [1663 naturall pprieto" of those lands, that whole tract of land by the sea-coast for themselves &, those y* should come to y™, ■which they alsoe signified to their freinds at Hartford in Coiiecticutt Colony, & desired that some fitt men from thence might be imployed in y' busines, at their pper cost & charges whoe wrote to them. Vnto which letter haveing received a satisfieing answer, they acquainted the court of magistrates of Massachusetts Colonic w"» their purpose to remove & the grounds of it, and w^^ their consent began a plaintation in a place situated by the sea, called by the Indians Quillipiack, which they did purchase of the Indians the true pprietors thereof, for themselves & their posterity, & have quietly^ pos- sessed the same about sixe & twenty yeares, & have buried great estates in buildings, fensings, clearing the ground, & in all sorts of husbandry, without any helpe from Conecticutt or dependance upon them. And by voluntary consent among themselves they settled a civill court & governm' among themselves, upon such fundamentalls as were established in Massachusetts by allowance of their pattent, whereof the then governo"^ of the Bay, the Right Worp" M''. Winthrop sent us a coppie to improve for our best advantage. These fundamen- talls all the inhabitants of the sd Quillipyack approved, & bound themselves to submitt unto & maintaine, & chose The- ophilus Baton, Esq ; to be their governo'', with as good right as Conecticiitt settled their governm* among themselves & continued it above 20 yeares without any pattent. 2. That when the helpe of M"^. Baton our governo"' & some others from Quillipiack was desired for ending of a controversie at Weathersfield, a towne in Coiiecticutt Colony; it being judged necessary for peace y' one partie should remove theyr [371] dwellings, upon equall satisfieing tearmes || pposed, the governo', magistrates, &c, of Connecticutt oflfred for their part y' if the partie y' would remove should find a fitt place to plant in upon the river, Conecticutt would grant it to them ; and y« governo"" of Quillipyack, (now called Newhaven,) & the rest there present joined with him & pmised that if they should find- a fitt place for y™ selves by the sea-side, Newhaven would grant it to them, which accordingly Newhaven pformed, & soe the towne of Stamford began & became a member of New Haven Colonic, & soe continueth unto this day. Thus in a publike assembly in Conecticutt was the distinct right of Conecticutt upon the river & of Newhaven by the sea-side declared w"" consent of the governor, magistrates, ministers & better sorte of y^ people of Coiiecticutt at y* time. 3. That sundrie other towneships by the sea-side, & South- hould on Long Island, (being settled in theyr inheritances by 1663] JUBISDICTION OF NKW HAVEN. 519 right of purchase of theyr Indian pprietors,) did voluntarily joine themselves to Newhaven to be all under one jurisdiccon, by a firme ingagem' to y^ fundamentalls formerly settled in Newhaven, whereupon it was called New Haven Colonie. The geni' court being thus constituted, chose the sd Theophi- lus Eaton, Esq; a man of singular. wisdome, godlines & expe- rience, to be the governo"" of New Haven Colonie, & they chose a competent number of magistrates & other of&cers for the severall townes. M'. Eaton soe well manadged y' great trust y' he was chosen governo'' every yeare while he lived. All this time Coiiecticutt never qusestioned w' was done at New- haven, nor praetended any right to it, or to any of the townes belonging to this colony, nor objected against our being a dis- tinct colonie. 4. That when the Dutch claymed a right to New Haven & all along the coast by the sea side, it being reported they would sett up the prince of Auranges armes, the governor of New- haven to p""vent that, caused the king of Englands armes to be fayrely cutt in wood & sett upon a post in the highway by the sea side, to vindicate the right of the English, without consult- ing Coiiecticutt, or seeking their concurrence therem. 6. That in the yeare 1643, upon weighty considerations, an union of foure distinct colonies was agreed upon by all New England (except Road Island) in their severall geni' courts, & was established by a most solemne confoederation, whereby they bound themselves mutually to p''serve unto each colonie its intire jurisdiccon within itselfe respectively, and to avoyd the putting of two into one by any act of their owne w*''out consent of the comission^s from the 4 united colonies, which were from y' time & still are called & knowne by the title of the foure United Colonies of New Englamd; of these colonies Newhaven was & is one. And in this solemne confoederacon Conecticutt joyned with the rest and with us. 6. That in the yeare 1644, the gen" court for Newhaven Colonie, then sitting in y" towne of Newhaven, agreed unan- imously to send to England for a Pattent, & in y<= yeare 1645, coinitted the pcureing of it to M"". Grigson, one of our magis- trates, whoe entred upon his voyage in January y' yeare from Newhaven, furnished with some beavor in order thereunto as we suppose, but by the providence of God, the ship & all the passengers & goods were lost at sea in their passage toward England, to o^^ great [loss] & the frustration of y* designe for yt time ; after which the troubles in England put a stop to o' pceedings therein. This was done w"" the consent & desire of Conecticutt to conc,urre with N. Haven therein ; whereby the difference- of times & of mens spirits in them may be discov- 520 RECORDS OP THE [1663 ered, for then the magistrates of Oonecticutt with consent of [372] Ij their gen'i court, knoweing our purposes, desired to joine with New Haven in pcureing y' pattent for comon privi- lidges to both in their distinct jurisdiccons, & left it to M"". Eatons wisdome to have the pattent framed accordingly. But now they seeke to pcure a pattent without the concurrence of Newhaven, & contrary to our minds expressed before this pattent was sent for, & to their owne promise, & to y« tearmes of the confcederacon ; and without sufficient warrant from their pattent they have invaded our right, & seeke to involve New- haven under Oonecticutt jurisdiccon. 7. That in the yeare 1646, when the comission's first mett at Newhaven, Keift the then Dutch governo'^ by lett^^ expos- tulated w"' J" coinission'^% by what warrant they mett at New^ haven w'hout his consent, seeing it yours, which would destroy the soe long continued, & soe Strongly settled distinc- tion of the 4 United Co'onies of New England, w'hout our desire or knowledge. 13. That accordingly we forthw"> sent our appeale to be humbly pi'sented to his ma'>^ by some freinds in London, yet out of our deare & tender respect to M"^. Winthropes peace & hono% some of us advised those freinds to comunicate o"^ papers first to hono'^"^ M'. Winthrop himselfe, to the end that we might find out some efectuall expedient to put a good end to this uncomfortable difference between you & iis ; else to pi^sent our humble address to hismaj'y. Accordingly it was done, & M''. Winthrop stopped the pceeding of our appeale by undertake- ing to our freinds that* [matters should be issued to our satis- faction, & in order therunto hee was pleased to write a letter to Major Mason yo' deputye gouerno'', & the rest of the court of Connecticutt Colonie, from London, dated March 3^, 1662, in these words, — Gentlemen, I am enformed by some gentle- men who are authorized to seeke remedy heer, that since yow * The remainder of this document is not recorded, but two blank pages were left for that purpose. What follows in brackets is from thar.original in the handwriting of Kev. Mr. Street, with occasional corrections by Mr. Jones, preserved in Misc. i. doo. 80. 1663] JURISDICTION OP NEW HAVEN. 623 had the late pattent there hath binn injury done to the gou- ernm' of Newhaven, & in pticxilar at Guilford & Standforde in admitting seuer" of the inhabitants there vnto freedome w"' yow, & appointing officers, w^i" hath caused deuission in the sd townes, w^h maiy proue of dang'^ous consequence if not timely p'^uented, though I doe hope the rise of it is from missunder- standing & not in designe of p'judice to that colonie, for whom I gaue assurance to theyr freinds that theyr rights & intrests should not bee disquieted or p^^judiced by the pattent. But if "both governm's would w"> vnanimous agreem' vnite in one, theyr freinds judged it would bee for advantage to both, & farther, I must lett yow knowe that testimonie- heer doth affirme that I gaue assurance before authoretye heer, that it was not intended to medle w"' any towne or plantation that was settled vnder any other gouernm'. Had it binn any other- wise intended or declared, it had binn injurious in taking out the pattent not to haue enserted a pportionable number of theyr names in it. Now vpon the whole, haueing had serious conference w"" theyr friends authorized by them, & w*'' others who are freinds to both, to pi^uent a tedious & chargeable tryall & Yncertaine euent here, I pmised them to giue yow speedily this representacoh, how farr yow are engaged, if any injurye hath binn done by admitting of freemen, or appointing officers, or any other intermedling w"" Newhaven Colonie in one kinde or other w'^out approbacon of the gouernm'% that it be forth- wti" recalled, & that for future there will bee noe imposeing upon them nor admitting of any members w^'out mutuall con- sent, but that all things be acted as loueing, neighbouring colonies, as before such pattent graunted. And vnto this I judg yow are obliged, I haueing engaged to theyr agents here that this wilbe by yow pformed, & they haue therupon forboren to giue yOw or mee any further trouble. But they doe not doubt but upon future consideration there may be such a right vnderstanding between both gouernm'^ that an vnion & friendly joyning may be established to the satisfaction of al, wh at my arriueall I shall endeauour (God willing) to pmote. Not haueing more at p'^sent in this case, I rest, Yo' humble s'^vante, John Winthrop. The coppie of this letter was sent to M"". Leete vnsealed, w*"" Mf. Winthrops consent, & was written by his owne hand, & the substance of this agreem' between some of our friends in London is fully attested by them in theyre letters to some of vs. Say not that M'. Winthrops acting in this agreem' is nothing to yow, for he acted therin as yo' publick & comon 524 EECOEDS OP THE [1663 agent & plenipotentiary, & therfore his actings in that capacitie & relation are yo"^^ in him. 14. That after M/. Winthrops returne, when some from yow treated againe w**! our comittee about vnion, it was answered by o"^ comittee that we could not admitt any treaty w"> yow about that matter tyll we might treate as an intire colonic, our members being restored to vs whome yow haue vnrighteously w"'held from vs, wherby also those parties haue bine many wayes injuriouse to this gouernm*, and disturbers of our peace ; w^*" is & will be a barr to any such treatie till it* be remoued, for tyll then we cannot joine w"' yow in one gou- ernm' w'^iout fellowship in your sin. 15. That after this, nothing being done by yow for our just satisfaction, at the last meeting of the commission"'^ from the four Vnited Colonies of New England, at Boston on the ^ day of Septemb"", 1663, the commission" from Newhauen Col- onic exhibited to the other commission''* theyr confederates, a complainte of the greate injuries done to this colonic by Con- necticutt, in the p'sence of yc commission''^, who for answer therunto shewed what treaties they haue had w"" Newhaven, but that plea was inconsiderable tlirough yo"^ psisting in vnrighteously w^'holding our memb'^* from vs, whearby our wounds remaine vnhealed, .being keept open & continually bleeding. The result of the commission"'* debates about that complaint was in these words, The commission"^s of Massa- chusetts & Plimouth haueing considered the complaints exhib- ited by Newhaven against Connecticutt, for infringeing theyr power of jurisdiction, as in the complainte is more pticularly expressed, togeither w"" the answer returned therto by Con- necticutt commission'^% w"" some other debates & conferences that haue passed between them, doe judge meet to declare, that the s'^ Colonic of Newhauen being owned in the Articles of Confederation as distinct from Connecticutt, & haueing bin soe owned by the colonies in this p"'sent meeting, in all theyr actings, may not by any act of viollence haue their libertie of jurisdiction infringed by any other of the Vnited Colonies w'hout breach of the Articles of Confoederation, & that where any act of power hath bin exerted against their authoritie, that the same ought to be recalled, & their power reserued to them intire, vntill such time as in an orderly waye it shall be otherwise disposed. And for pticular greiuances mentioned in theyr complainte, that they be reffered to the next meeting at Hartford, &c. Wee suppose that when they speak of disposeing it other- wise in an orderly way, they mean w'l" our free consent, there being noe other orderly way by any act or power of the Vnited 1663] JUEISDICTION OP NEW HAVEN. 526 Colonies for disposeing the colonie of Newhaufin otherwise then as it is a distinct colonie, haueing intire jurisdiction w"'in itself, w^h our confederates are bound by theire solemne con- federation to p''serue inviolate. 16. That before yo^ generall assembly in Octob"^ last, 1663, our comittee sent a letter vnto the si^ assembly, wherby they did request that our members by yow unjustly rent from us should be by yow restored vnto vs, according to our former frequent desires, & according to M^. Winthrops letter & prom- ise to authority in England, & according to justice, & accord- ing to the conclusion of the commission^ « in theire last session at Boston, whereunto yow returned a reall negative answer contrary to all the pi'mises, by makeing one Brown yC con- stable at Stamforde, who hath been sundrie wayes injurious to vs & hath scandalously acted in the highest degree of con- tempt, not onely against the authority of this jurisdiction but also of the king himself, pulling downe w'^ contumelies the declaration w<='' was sent thither by the courte of magistrates for this colonie, in the kings name, & comanded to bee sett vp in a publick place that it might bee read & obeyed by all his majesties subjects inhabiting our towne of Stamford. 17. That thereupon at a generall courte held at Newhaven for the jurisdiccon, the 22"i of Octob"", 166=3, the deputies for this generall courte signified the minde of our freemen as not at all satisfied w"" the proposall of the comittee from Conecti- cutt, but thought there should be noe more treatie w'*" them vnless they first restore vs to our right state againe. The mat- ter was largely debated, & this gener^' courte considering how they of Conecticutt doe cast of our motion in the fdremen- tioned letter & giue vs noe answer, but that contrary there- unto, as is reported, they haue further encouraged those at Guilford & Stamford, therfore this courte did then order that noe treaty be made by this colonie w"" Conecticutt before such acts of power exerted upon any of our townes be reuoked & recalled, according to hono'^'^ M^ Winthrops letter ingageing the same, the comission" advice, & our frequent desires. 18. That in this juncture of time wee receiued two letters from England, mentioned in the following declaration pub- lished by the courte of magistrates vpon that occasion, in these words; Whereas this colonie hath receiued one letter under his majesties royall hand & seale (manuall in red wax) annexed, bearing date the 21th of June, 1663, from his royall courte at Whitehall, directed To his trusty & well beloued subjects the governors & assistants of the Massachusetts, Pli- mouth, Newhaven & Conecticutt colonies in New England ; and one other letter from the lords of his majesties most hon- 526 RECORDS OP THE [1668 ourable prime counsell, from his majesties courte aforesaid, bearing date the 24th of June in the yeare afores'^, super- scribed, For his maj''"=5 speciall seruice, and directed To our very loveing friend John Bndeicott, Esq'', gouernour of his maj'ies plantacons in New England, & to the gouernour & counsell of the colonic of the Massachusetts, w"' the rest of the gouernc^ of the English plantations in New England respect- iuely, & by order of the gener" courte at Boston recorded in the courte, it is pticularly directed to the gouerno"" of the col- onic of Newhaven; in W^^ letters his maj'y hath comanded this colonic many matters of weight, very much respecting his maj*'«^ seruice & the good of this country in gener^', expecting vpon displeasure the strict observance thereof, W^^ this courte (this colonie being situated by the sea side, & soe fitly accom- odated to fullfill his maj''«= comandes) are resolued to theyr vtmost to obey & fulfill. But in theyr consultation therea- boute, they finde through the disloyall & seditious principles & practises of some men of inconsiderable intrests, some of his maj'i^s good subjects in this colonie haue binn seduced to rent themselues from this colonie, by w^^ diuission his maj''^^ affaires in these parts are like to suffer, the peace of this coun- trey to be indangered, & the heathen amoung vs scandallized, in case some speedie course be not taken for the p'"vention thereof, the w"^ if wee should conive at, espetially at this time his maj'y haueing so pticularly directed his royall comandes to this colonie as aforesd, we might justly encurr his displeas- ure against vs. This courte therefore doth in his maj'y^ name require al the members & inhabitants of this colonie heartily to close w'h the endeauors of the governor & assistants therof for fulfilling his maj'i«s comandes in the sd letters expressed, & in order therevnto to returne to theire due obedience & payeing theire arrears of rates for defraying the necessary charges of the colonie, & other dues, wt^in six dayes after the publication hereof, vnto such pson or psons as are or shall be appointed to collect the same, in attendance to the lawes & orders of this colonie. All w^^ being done, this courte shall foreuer pass by all former disobedience to this governm* ; but if any shall p'sume to stand out against his maj''^^ pleas- ure soe declared as aforesd concerneing this colonie, at theire perill be it, this coxirt shall not faile to call the sd psons to a strict account & pceed against them as disloyall to his maj'y & disturbers of the peace of this colonie, according to lawe. 19. This declaration being grounded in generall upon his maj''«= comands expressed in those letters, & in speciall in order to the pi^seruation of his maj''«s customes in that case puided for by act of this pi'sent parliament, w""" act was sent 1663] JUEISDICTION OP NEW HAVEN. 627 inclosed w*'' the letter to our goTerno'', requlreing his strict obseruance of the same vnder the penalty of displaceing & a thousand pounds fine, & therfore in case any difference slaould arrise to his maj'y vpon these accounts, we must be inforced to laye the cause of it at your doore, because when it was sent to the seuerall townes of this colonic & sett vp in publick places to be seen & read of all, that all might obey it, it was at Stam- ford violently plucked downs by Browne yo^ constable, & w"* reproachful! speeches rejected, though sent in his maj*'^^ name & by the authority of our court of magistrates. And after it was published at Guilford, Bray Rosseter & his sone hastened to Conecticutt to require your aid against this gouernmt, w'=i' accordingly yow to hastily pformed, for on the SO'i" of Decemb"', 1663, two of yc magistrates w"^ sundry young men & yo"^ marshall came speedily to Guilford accompanieing Rosseter & his sone, & countinanceing them & theyr partie against the authority of this gener" court, though yow knowe how obnox- ious they were formerly to this jurisdiction, for contempt of authority & seditious practises, & that they haue been the ring- leaders of this rent, & that Bray Rosseter the father hath been long & stUl is a man of a turbulent, restless, factious spiritt, & whose designe yow haue cause to suspect to be to cause a warre between these two colonies, or to ruine Newhaven Colonic; yet him yow accompanied in opposition to this colonic, w'^'out sending or writeing before to our governc to be informed con- cerning the trueth in this matter. Sundry horses, as we are informed, accompanied them to Guilford, whither they came at vnseasonable houre, about tenn aclock in the night these short dayes, when yow might rationally thinke that all the people were gone to bed, & by ghooting. of sundry gunns, some of yc^ or of theyr partie in Guilford, allarmed the towne, w'''' when the gouernc took notice of, & of the unsatistieing answer giuen to such as inquired the reason of that disturb- ance, he suspected, & that not w^iout cause, that hostile attempts were intended by theyr company, whereupon he sent a letter to Newhaven to informe the magistrates there con- cerning matters at Guilford, that many were affrighted, & he desired that the magistrates of Newhauen would p^^sently come to theyr succour & as many of the troopers as could be gott, alleadging for a reason his apprihension of theyr desperate resolutions. The gouerno" messenger also excited to haste, as apprehending danger & reporting to them that Brandford went up in armes hastening to theyr releife at GuilforJ, yf^^ the gouerno"' required w'^ speed. Hereupon Newhauen was also allarmed that night by beating the drume, &c, to warne the towne militia to be readie, &c. This feare was not cause- 528 BBCORDS OP THE [1663 less, for what elce could bee gathered from the p'perations of pistolls, buUetts, swords, &c, w"^ they brought w"" them, & by the threatning speeches giuen out by some of them, as is attested by the depositions of some & subscriptions of others, w'''^ we. haue by vs to shew when need require ; & yo'' two magistrates themselues, who ought to haue kept the kings peace amoung theyr owne partie & in theire owne speeches, threatned our governo"' that if anything was done against those men, Tiz' Rosseter & his partie, Conecticutt would take it as done against themselues, for they was bound to ptect them ; & they rose high in threatnings, yet they joyned ther- w"" theyr desire of another conference w"^ Newhaven, prae- tending theyr purpose of graunting to vs what wee would desire, soe farr as they could, if wee would vnite w'l" them; but still they held our members from vs & vpheld them in theyr animosities against ts. Is this the way to vnion? & what cann yow graunte vs w"'' we haue not in our owne right w'hin ourselves w'l'out you? Yea, it is the birthright of o"^ posterity w'^'' we may not barter awaye from them by treaties w"> yow. It is our purchased inheritances, w^^ noe wise man would part w"* xlpon a treatie to receiue in liew therof a lease of the same, upon yo' tearmes who haue noe right thereunto. And why is our vnion w'^ yow by our comeing vnder yc pattent vrged now as necessary for peace ? seeing wee haue enjoyed peace mutually while wee haue bin distinct colonies for aboue twenty years past. And why doe yow seperate the things w'''' God hath joyned togeither, viz*, righteousness & peace, seeing yow psist in yo"^ vnrighteous dealing w"> vs, & pswade vs to peace. It is true wee all came to New England for the same ends, & that we all agree in some maine things, but it doth not foUowe from thence wee ought therfore to vnite w"^ yow in the same jurisdiccon, for the same may be saide of all the vnited colonies, w"'' neuertheless are distinct coUonies. 20. That vpon a more dilligent search of yo"^ pattent, we finde that Newhaven colonic is not included w"'in the line of yo' pattent, for we suppose that yo"' bounds, according to the expression of yC pattent may be in a just gramaticall construc- tion so cleared, as that this colonic, in euery parte of it, may be mathematically demonstrated to be exempted from it. 21. That the pi'mises being duely weighed, it will be yc wisdome & way to desist wholy & foreuer from endeauouring to draw vs unto an vnion vnder your pattent by any treatie for the future, & to applye yoi-selues to yc duety towards God, the king, & vs. 1^*. Towards God, that yow feare him, & therfore repent of yc vnrighteous dealing w"> vs, & reforme what yow haue done amiss, by restoreing our members w">out 1663] JURISDICTION OP NEW HAVEN. 529 delaye vnto vs againe, that yew may escape the wrath of God w""" is reuealed from heaven against all vnrighteousness & against all that dishonour his holy name, especially amonng the heathen, w'^^ yow haue done therby. 2. Toward the king, that yow hono"^ him by lookeing at vs as a distinct of May, 1664. P^BENT, Deputies. Jn° Mosse, ) Tho: Welch, Deacon Geo: Clark, Jn" Fowler, Georg Bartlet, Rich: Lawe, Fran: Bell, Sam" Swayne, Laurence Ward, Tlie Deputies p''sented their certificates, whereby it apeared y' they were all chosen for y^ yeare ensueing, onely Stamford for the pi^sent session, & were accepted. The Governo'', & Deputy Governo"". Magestrates. M'. Mathew Gilbert, M^ Benjamin Penn, M^ Jasper Crane. :'l for Guilford. for Stamford. for Branford. [Pages 380 and 381 were left blank for the recording of the business of this court. " The orders of the gen" court in May last were read to the towne" of New Haven, June 27*, 1664. Town Eec. iU. 42.] [382] Att a Gen'i Court held att Newhaven for the JURISDICCON, the li'h OF AUGUST, 1664. P'sent, Deputies. The Governo"", & Deputy Governo"", Thomas Munson, John Mosse. M^ Gilbert, ) M^ Penn, > Magestrates. M"'. Crane, ) Tho: Welch, Georg Clark. Jolui Powler, Georg Bartlet. Sam" Swayne, Lawrence Ward. The Governo"" acquainted y"" w"i j" occasion of this court, that here had M^ Whiting & L' Bull, of Hartford, been lately with most of the magestrates & broiight a letter from M"". 1664] JURISDICTION OP NEW HAVEN. 546 Willis to Mr. Jones; and they signified that M'. Whiteing being lately in ye Bay & haveing speech w"^. many friends there, he was hastened away by them to comunicate matters above at Conecticutt & alsoe to us, sheweing y™selves very sensible of danger of detrim* to ye countrey by reason of any differances between j« colonies, now the kings cofnission^'s were come over,* & they looked upon this differance of ours w"i Conecticutt to bee the greatest, & therefore they declared y' they was sent to this purpose, & declared this to be y^ advise of the best part in ye Bay, though they had noe letter, that this differance be made up betwixt us, being very sensible of dan- ger to all by this meanes, & therefore they judge this the best way for all our safety to stand for the liberties of our pattents, & soe Coiiecticutt & they wotild have us to joine w'^" y™ upon y' account, for they conceive a great advantage given to ye comission" by our standing oif. Now we told them for ouv parts we could doe nothing in it ourselves, but after much debate & urgeing we signified to y™ thus much, That if Conecticutt would come & assert their claime to us in ye kings authority, & would secure w* at any time they had ppounded to us, & would engage to stand to uphold the liberties of their pattent, we would call ye gen" court together that they may consider of it & be ready to give them an [383] II answer, & sd for our pts we did not know but wee might bow before it, if they assert it that we would not doe soe. Now the court was desired to consider of it, w' answer should be given if they should soe come. Much debate there was upon it, & something pleaded upon ye danger of standing as now we are, if ye kings comission''^ come amongst tis ; much alsoe was sd by some against, & declared y' they see noe rea- son of such a motion, makeing y' a question to be answered before wee knew it would be put to us ; alsoe y' there had not been a full suinons to all ye plantations for this gen" court; * Two of the royal commissioners, Col. Richard Nicolls and George Cartwright, Esq., arrived at Boston, Saturday evening, July 23d, 1664. Sir Robert Carr and Mr. Maverick arrived at Pisoataqua about the same time. 546 RECORDS OP THE [1664 alsoe it was questioned whether the gen" court, if it were full, had any power to deliver up the collony state without y« con- sent of y« whole body of freemen at least. But notwithstand- ing all y' was sd, it came to a vote as foUoweth, That if Conecticutt doe come downe & assert their right to us .by vertue of their charter, & require us in his majesties name to submitt to their governement, that then it be declared to y™ y' wee doe submitt, referring all agreem'^ between us to y^ finall issiie of the commission" of our confoederates. The vote passed in y^ affirmative, but after y« vote was past there appeared some dissatisfaction, and there was further advice & consideration tooke in y^ case, & much was sd y* it was necessary the freemen should be acquainted with it, & in y« issue canae to another vote, which was this ; That if they of Conecticutt come & make a clayme upon us in his majesties name & by vertue of their charter, then wee shall submitt to y™, untill the cofnissioners of y« colonies doe meete; & soe the governo'', deputy governc & magistrates, or soe many of y™ as can be got together, were, appointed to give the answer to Conecticutt men if they come. [At the meeting of the Cotnmissioners of the United Colonies, in Hartford, Septem- ber, 1664, these letters, to the Commissioners, and to Mr. Ijieete and Mr. Jones, were Hartford, September 2'', 1664. Much Honoured Gent", — We understand by our comissioners that Newhauen gent" haue presented an order (as they call it) of their Generall Courte, whereby it appeares M'. Leet & M.'. Joanes are chosen comissioners, and inuested w"" power to act as com" for New Haven Colony. Vpon this information we thought good to present o' thoughts unto your consideration. We cannot approue of the afore- mentioned gent" to sitt as com" amongst you, because it doth not ap- peare that they are a colony, or haue any power of gouerment distinct from us, confirmed by regall authority, and we know no other gouer- ment in his Majesties dominions but such as is confirmed by him. They being no gouerment as afoarsayd, we cannot but judge it will be prejudicial! to the seuerall colonyes & our charter to owne & approue of the gouerment of New Haven. Besides we doe clayme them to be a parte of o' colony, being included in his Majesties royall grant. And we doe hereby declare that we shall haue a tender respect to o' honoured freinds and bretheren of New Hauen, & shall apply 1664] JURISDICTION OP NEW HAVEN. 547 o'selues to improue o' all to accomodate them w"' all such desireable priuiledges as o' charter afoardes. Farther we thought it conuenient to informe your Hono", that it is o' desire still to mayntaine o' confederation w"" the Vnited Colonyes of Massachusets & Newplimoth, desireing that full prouission may be made to that purpose, according to that article of the confederation that allowes of two colonyes vniteing into one, which is consonant to j' aduice of the com" & y" honoured Courte of Massachusets to this colony. Gent" we rest your freinds & seruants, John Allyn, Secrefy, By order of the Councill of Conecticut. The Councill ordered the secretary to signe this lett"^ in theire names, & by their order to deliuer it to the commissioners. Whereas, we haue the 2'' of this instant, in a writting presented to the much honoured, the Com" of the Vnited Colonyes, made clayme to the late Colony of New Hauen, as being included in his Majesties royall grant in his letters pattents to this his Colony of Connecticutt, &, allso haue formerly upon publication of our charter required theire attendance thereunto, wee doe now in the presence of the hono''' com" afoarsayd, in his Majesties name demande W" Leette & W"" Joanes, Esq", they being the representitiues of the people of New Hauen, &c., that they & the rest of the people of Newhauen, Milford, Brand- ford, Guilford & Stanford doe attend y' gouerment establisht by his Majestic in this his Colony of Conecticutt, & we purposse, by the help of God, to apply o'selues to take due care of them, & to affoarde them all such priuiledges as are agreeable to o' charter. In the name & by order of the Councill of the Colony of Conecticutt, John Allyn, Sec''. For M'. Leete & M'. Joanes. Conn. Council Rec. The difference between the two colonies having been brought before the Commis sionerSjthey declared that as the occasion thereof was acted without their cognizance, and the grounds not being fully known to them, they could, as to the right of the cause, add nothing to what was past by the conunissioners, at their meeting in 1663, yet considering how much the honor of God as well as the weal of all the colonies, as themselves therein interested, are concerned, in the issue, they heartily and affection- ately commended such a compliance between them that the sad consequences which would inevitably follow upon their further contentions, might be prevented. Provis- ion was made, in case of union, respecting the preservation of the confederation and the places of meeting, &o., and it was proposed that thenceforth the meetings should be triennial. Eec. Com. U. C, Sept., 1664.] [384] At a Gbnbrall Court op y^ Freemen op the Jueis- DICCON, HELD AT NeW HaVEN SePTEMB. 14th, 1664. The Governo'' acquainted y" with the occasion of calling ym together at this time, & that was something they had mett 648 EECOEDS OP THE [1664 withall lately at ye meeting of y^ comission" at Hartford, as in y^ "writeings may appeare, which writings that concerned us were all now read, with a letter alsoe subscribed by M'. Sam'i Willis & M^. John AUyn, directed to James Bishop, to be comunicated to this assembly ; the governo'' further sd that it was a season to advise & consider together, in what state is best for us to appeare when the comissioners from England come to visitt us, whether in y^ state we now are, or under a regall stampe (as they call it) in joyneing with Connecticutt. There was much debate, & divers spake that to stand as God hath kept us hithertoo is our best way ; but some desired to understand the vote of the last gen" court, soe y^ secretary went home to fetch it, & in the meane space, while he was gone, the assembly was broke up & noe more done at this time.* * The Council of Connecticut, October 4, 1664, passed the following vote. " Whereas there hath bene many endeauonrs both by Generall Assembly & Councill of this Colony for the effecting of a loueing & freindly complyance w'*" o'' loueing freinds & neighbonres of New Hauen, Milford, &o., and whereas we bane according to the tenour of our charter receiued intimations of their inclinations thereunto by o' freinds in those partes, we doe for the perfecting of a loueuig vnion, desire o' hon- oured goun' & M'. Willys to appoynt officers in those seueraU plantations of N. H., Mil:, Bran:, Gil: & Stanford, & to setle matters there soe as they judg most couduoe- able to y" peace & wellfare of the whole." The General Assembly met on the 13th of the same month and appointed Mr. Samuel Sherman and the Secretary, John AUyn, to go to New Haven, &c., and in his Majesty's name require all the inhabitants of New Haven, Milford, Branford, Guilford and Stamford, to submit to the government established in Connecticut by his Majes- tys gracious grant, and to take their answer. The committee were also authorised to declare so many of the present freemen of those towns, as would take the freeman's oath, to be freemen of Connecticut, and to administer the same oath to such others of the inhabitants as they should find by sufficient testimony, to be qualified. They were to declare that the assembly invested Mr. Leete, Mr. Jones, Mr. Gilbert, Mr. Fenn, Mr. Crane, Mr. Treat and Mr. Law, with magistratical power to assist in the government of those towns according to the laws of Connecticut, or such of their own as were not contrary to the charter, and all other civil and military officers were con- firmed. They were also ordered to declare that what had formerly passed to an issue in the courts of New Haven colony, should not be called to account. Mr. Mathew AUyn and Mr. James Richards were to make the same declaration at Stamford. The Council, November 3, 1664, judged it "most conduceable to the best effecting the minde of the Gen" Courte, respecting New Hauen, &c., that those comissioned for that purposse doe atend theire business w"' the representatiues of those plantations mett together, & that actual! sweareing of freemen be at present respitted, as aduiseable to be the most peaceable way at present, & that the act of indemnity declared by the Gen'i Courte be notifyed to them." Trumb. Col. Eec. i. 437. Conn. Council Eec. 1664] JirRisDiCTioN op new haven. 649 Att a GbnIi Court held at New Haven for the Jurisdiccon, December 13"i, 1664, together with the Freemen op N. Haven, Guilford, Branpord, & part op Milford, & as MANY op ye Inhabitants as was pleased to come. The Gen'i Court considei'ed of severall things, and first The following account of the proceedings of the committee, at New Haven, Novem- ber 19th, 1664, is taken from the Records of that town, vol. iii. p. 46. " The Deputy Governo' acquainted the towns y' the occasion of y» meeting was that there were some gentlemen from Conecticutt that had something to acquaint y« towne withall, & he thought the business in genu was to require our submissio to Coneotic;itt, wii some oth' ppositions. He further minded ye towne of the peace & unity y' God had hithertoo continued amongst us, & the many blessings both on y right hand & left y' we had enjoyed under this governem^, & alsoe told the towne that wee are a people in combination w"" oth", & therefore could not give a full answ ^without first acquainting y^ other plantations, & then y^ we ourselves were not a full meeting of y^ towne, divers of y^ farmes haveing not warneing. But the gent : beirg come in, M'. Jones desired to see theire oomission. They declared that they should shew it to psons deputed, but after read it, & then declai'ed_ what they had to say to y= towne, (the psons were M'. John AUyn & M'. Sam" Shearman.) These gent urged to have y« matter put to vote, but they were told y' y= towne meeting was not full. But M^ Allyn sd y' if Mr. Shearman did consent, which he thought he would, he should take the boldnes to put it to vote himselfe, but his speech was disliked & after witnessed against, & they were desired to withdraw awhile & the towne would con- sider to give them an answ', & soe they did, and the towne considering of it came to this conclusion as their p*sent answer by a gen" vote, onely one dissenting, which answ followes their declaration. The gent, aforesd being called in againe, the answ' was read to y"", they desired a coppy of it which was granted, they leaveing a coppy of W they had declared, which they pmised&is here inserted as foUoweth. " Wee underwritten in his Maj''"' name, by orderfrom ye Gen" Assembly of Conect- icutt doe require all yo inhabitants of y' towne of Newhaven to submit to y= governem' established in y= colony of Conecticutt by his Maj'"" gracious graunt to y= colony of Conecticutt. " Wee doe declare y' y Gen" Assembly of Conecticutt, a W"> Leet & W™ Jones, Esq", Mr. Gilbert, M"". Fen, M'. Crane, M'. Treat & M'. Lawes, with magistraticall power to assist in ys governm' of y" plantations of Newhaven, Milford, Branford, Guil- ford & Stanford, & y' people' thereof according to y" lawes of y" corporation of Conect- icutt, or soe many of those orders y' formerly have been of use amongst y" & are not contradictory to ye teno"^ of o' charter untill ye court order otherwise. " Wee doe alsoe in y name & by order of y Gen" Assembly declare that all other military & civill officers are established in their respective places untill y" court in May next. Wee doe alsoe declare by order from y Gen'' Court aforesd that they will not call to account what hath formerly passed to 'an issue in your courts of judicature. John Allyn, Samuell Shearman. " Wee doe further declare y' it is intended by the Gen" Court of Conecticutt that y' freemen of N. Haven upon ye p'sentm' of their names (w"" testimony) be accepted as freemen of Connecticut. John Allyn, Samuell Shearman." The answer of New Haven, mentioned above, is not recorded. 550 '^EECOEDS OF THE [1664 about ye men y' were pi'ssed by authority to goe with Capt. Scott to Long Island, what to allow y", & it was agreed to allow y™ 12'i a day with their charges borne. Alsoe it was considered about Milford breakeing off from y" colony, soe y' neither magistrate nor deputies attend this gen'' court.* The court by vote declared against their soe acting, as disorderly & contrary to their combination. The sariie was declared concerneing M''.Rich: Lawes acting at Stamford. Sam" Andrewes was called, & told y' there had been of late some disorders in ye troope, in gathering together in such a [385] resolute way at a place in y^ woods and || choosing offi- cers, &c. He was told y' it had exercised the court how to leave such a trust into such hands that hath soe carried. He answered, that indeed there was such a meeting &o officers chosen, but what .was done, it was done in submission to the court, & he disowned it as any act of his. The Court afterwards considering of y^ case about y^ troope, & ftndeing it not settled according to order, did now order to lay it downe untill further order, & comitted the trumpett & coulors to Roger Ailing, the pi'sent jurisdiccon treasurer, alsoe all ye jurisdiccon stock of amunition & bookes, untill further order about ye same. The Gen" Meeting being come together, the governo'' acquainted y™ with the occasion of calling y™ together, &, that is some of Coiiecticutt gent" haveing made demaund of our submission to y government, in his majesties name, &c., the answ of these three townes were w'^" pmise of further ansW^ when they should consider of ye 'matter together; & therefore to sett their thoughts a worke about it, something * The minute of the submission of Milford is as follows. Milford y 17ii> of Nour, 1664. These are in his majesties name to will & require you forth w" to wame all ye inhab- itance at your town of (Milford) being housholders, to meet at ye meetinghouse this day about one of y" olocls, to attend such oooatious w'l" M'. Sherman & myself as are giuen us in charge by ye Gen" Court of Coneoticut j whereof fayle not. To Joseph Waters to execute. John Allyn, Sec'y. The inhabitants of Milford by a gen" vote of there towne submitted themselues to ye gouerment of Conecticutt, no one person voted agnst it, this IT* of Nouember 1664. Misc. i. 87. 1664] JURISDICTION OF NEW HAtEN. 65l was ppounded to y"" & left with y™ to consider of till y« morneing. In ye morneing the assembly being come together, the gov- erno'' ppounded to know what was y^ issue of y' thoughts in ye busines left with them. After some debate, the answ"^ was drawne up in writeing & read, & after serioiis consideration put to vote, & soe was concluded with universall consent, not any one opposing. The vote of the freemen & other inhabitants of y^ colony mett together at N. Haven, the ISth of December, '64, in answ' to w' M^ John Allyn & M^. Sami' Shearman declared in o' severall townes in Novemb:^last, as fol- loweth, 1. First that by this act or vote wee bee not understood to justify Conecticutts former actings, nor any thing disorderly done by our owne people upon such accounts. 2. That by it wee be not appi^hended to" have any hand in breakeing or dissolving the confoederacon. Yet in testimony of o"^ -loyalty to the kings majesty, when an authentick coppy of y^ determination of his comissioners is published, to be recorded w^^ us, if thereby it shall appeare to our cofnittee that we are by his majt'e^ authority now put under Gofiecticutt Pattentt, wee shall submitt, as from a neces- sity brought upon us by their meanes of Gofiecticutt aforesd, but with a salvo jure of our former right & claime, as a people who have not yet been heard in point of plea. ^ James Bishop, Secret. [386] II It was ppounded to y^ assembly that they would appoint a coiiiittee for y^ consufnating of matters betwixt Gofiecticutt & us, & to give answ^ to their returne unto y" former vote. The cofnittee appointed was y^ pi'sent members of this gen" court, w"* the elders, Gapt. John Nash, James Bishop, Francis Bell, M^ Rob* Treat, & Rich: Baldwin or Serj' Fowler in one of their absence. These, or the major part of them that can meetc together, were impowered & intrusted with the whole affayre in p'"parotory way, coihunicating to y« severall townes what they agree upon, for their concurrence & confirmation. 552 RECORDS OP THE [1664 There was alsoe a letter read to j^ assembly to be sent up with j^ former vote to Conecticiitt. It was alsoe left to y« sd comittee. The Court upon a serious riew of y^ accounts of y« jurisdic- tion treasurer, did find necessary for the attending of right- eousnes in defraying of publike charges, to lay a halfe penny rate upon y« pound, to be payd by y^ severall plantations & y^ pprietors of Paugasett unto y« jurisdiccon treasurer in March next, with y^ last of the former rate, in such pay & at such prizes as y^ last yeare.* A letter to Conecticutt, as followeth, Hono'-'i Gent', Wee haveiug been silent hithertoo, as to y^ makeing of any grievance knowne unto y® kings comission''s, notw'^standing w' may be w'^ us of such nature from the severall transactions y' have been amongst us, are desirous soe to continue the managing of these affayres in wayes consistent w"' y^ ancient confcederation of y« United Colonies, chuseing rather to suffer then to begin any motion hazardfuU to N. England settlem^^. In pursuance whereof, (according to c pmise to yo^ gent: sent lately to demand our submission, though in a divided, if not deviding way, within our townes severally, seeking to bring us under the government by yo'selves already settled, wherein * Perhaps also at this time it was agreed that this letter should be sent to Col. NicoUs, one of the royal commissioners. Eight Hon'''«, Att a gen" meeting of deputies from y= severall plantacons of this col- ony, it was agreed y' a letter should be p'pared and sent to informe yo' hono' of y= great wrong and injury this colony have suffered from y= Dutch at Delaware Bay, about 14 y eares agoe, being violently repulsed w'-'' great damage out of theire ju«t pur- chase and possession there; for we had purchased a great tract of land on y= one and y other side of y= Bay or River, and a plantacon begun by sundry psons, & a trading house set up, w'''" y' Dutch pillaged and burnt, and soe wholly destroid y designe at y" tyme. Two or 3 yeares afterwards, a. new attempt was made and a vessell sent, w"'' was then alsoe stopt at the Manhatoes, and sundry of y« principall psons impris- oned by the Dutch governo', soe y' nothing yi way hath ever bm attempted since, although yn Indians of whome we purchased y" land doe still owne our right & much desire y" coming of the English. But thus much only to acquaint yo' hono'^ w' is further intended upon a further search of o' records to be unproved by yo' bono' as yo' wis- dom shall think fit; humbly desiring alsoe that or just claime to y« praises, W" more fully psecnted, may be admitted. Thus craving yo' bono" pdon for this boldness, with humble service p'sented, rests, Yo' Hon'* humble Serv'. 20 Dec, 1664, ' W» Jones. Doc. rel. to Col. Hist. N. Y., iu. 82. 1664] JuBisDicTioN of new haven, ^53 we have had noe hand to settle the same, & before you had cleared to our conviction the certaine limits of your charter, which may justly increase the .scruple of too much hast in y' & former actings upon us,) the generality of o"' undevided people have orderly mett this 13"' of lO"" m°, (64,) & by y" vote inclosed have p'^pared for this answer (to be given) of c submission, which being done by us, then for the accofnodating of matters betwixt us in amicable wise, by a comittee impow- ered to issue with you on their behalfe & in the behalfe of all concerned, according to instructions given to y« sd comittee. Wee never did, nor ever doe intend to damnify your morall rights or just privilidge, consistent with c like honest enjoym*, [387] II and we would hope y' you have noe further scope towards us, not to violate our coven' interest, but to accomo- date us w"» that we shall desire & the pattent beare, as hath been often sd you would doe. And surely you have y« more reason to be full with us herein, seeing y' yC success for pat- tent bounds w"" those gent: now obtained seemes to be debtor unto our silence before y"', when as you thus by single aplica- tion and audience issued that matter. You thus pformeing to satisfaction, we may still rest silent, & according to pfession by a studious & cordiall endeavor with us to advance the interest of Christ in this wildernes, & by the Lords blessing thereupon, love & union betweene us may be greatly confirmed, & all our comforts inlarged, which is the earnest prayer of, Gent: your loveing friends and neighbors, the Comittee appointed by y<= freemen & inhabitants of N. Haven Colony, now assembled. New Haven, Decemb: 14ti', ^ James Bishop, Secretary. 1664. Connecticutts retii/rne. Hartford, Decemb'' 21'\ 1664. Hono'^'J Gent", Wee have received yc^ dated the 14"' of this instant, signed p James Bishop, &c., wherein you are pleased to mention yC silence hitherto, as to y makeing any grievance knowne to his majt'*" comission"^', notwithstanding what may be with 70 664 RECORDS OF THE [1664 you, &o. Wee can say y^ same, though we -had fairs opper- tunities to p'sent any thing of that nature. As for jo'' desire to manage affayres consistant with y^ confederation, the p'sent motion will (we hope) upon a candid review not appeare any wayes dissonant therefrom, for besides y'' provision made in one of the Articles of Confoederation for two colonyes uniteing in one, there was speciall provision (as you well know) made at y" last session of the comi's to that purpose, conjoyned with patheticall advice & counsell to an amicable union. 0"' too much forwardnes with N. Haven, &c, is not soe cleare, seeing those plantations you inhabitt are much about the centure of 0"' patent, which C charter limitts, as alsoe the inclosed deter- mination of his majt'^s honourable comission'"^, will to yC conviction be apparant. That C success for patent bounds with y^ kings com""^ is debtor to yo"" silence seemes to us strange, when yC non complyance was soe abundantly knowne to those gent°, yea the newes of yc motions when M^ Jo: AUyn was last with you, was at Newyorke before o'' governo''' departure thence, notwithstanding yo"^ silence, and yet see good an issue obtained. Wee desire such reflections may be [388] buried || in perpetuall silence, which onely ycselves necessitating thereunto shall revive them, being willing to pursue truth & peace as much as may be with all men, espe- cially with o'' deare brethren in the fellowship of the gospell, & fellow members of the same civill corporation, accomodated w"i soe many choise privilidges, w^'' wee are willing after all is p'pared to yc hands to conferre upon you equall w'l" Cselves, which we wish may at last produce the long desired efect of yo'' free & cordyall closure with us, not attributing any necessity imposed by us farther then the scituation of those plantatations in the heart of o"^ colony, and therein y« peace of posteritie in these parts of the countrey is necessarily included, & that after soe long liberty to pi'sent yc plea where you have seene meete. Gent" wee desire a full answer as speedily as may be, whether those lately impowered accept to governe according to their commission, if not, other meete persons to governe may by us be impowered in their roome. Thus desiring the Lord to unite C hearts & spiritts in wayes well pleasing in his sight, Which is the prayers of yo"^ very loveing friends. The Councill of the Colony of Conecticutt, Signed by their order p me, John Allyn, Secretly. The determination of his maj''" com" followes* * A blank is here leTt for the record of the determination of the royal commissioners. The copy here given is from the record in a volume in the Secretary's office in Hart- ford, lettered " Colonial Records, New England, 1664, 1702," p. 2. 1664] JDEISDICTION OF NEW HAVEN. 555 [By vertue of his Ma''"" Commission wee haue heard the diiferences about the bounds of the Patents graunted to his royall highnesse the Duke of Yorke & his Majesties Colony of Conecticutt, and haueiug deliberately considered all the reasons alleadged by M'. Allyn, sen', M'. Gold, M'. Eiohards, & Ca]jtaine Winthrop, appoynted by the Assembly, held at Hartford the 13"' day of October, 1664, to accom- pany John Winthrop, Esq', (the gouernour of his Majesties Colony of Conecticutt) to New Yorke, & by M'. Howell and Captaine Young of Long Island, why the sayd Long Island should be under the gouer- meht of Conecticutt, which are to long here to be recited. Wee doe declare and order, that the southern bownds of his Majesties Colony of Conecticutt is the sea, & that Long Island is to be under the gouer- ment of his royall highness the Duke of Yorke, as is exprest by playn words in the sayd patents respectiuely. And allso, by vertue of his Majesties Comission, and by the consent of both the gouernours & the gentlemen aboue named, wee allso order & declare, that the creeke or riuer called Momoronock, which is reputed to be about twelue miles to the east of West Chester, and a lyne drawne from the east poynt or side, where the fresh water falls into the salt at high water marke, north northwest, to the lyne of the Massachusets, be the western bownds of the sayd Colony of Conecti- cutt, and all plantations lyeing westwards of that creeke and lyne so drawne, to be under his royall highnesse gouerment, and all planta- tions lyeing eastward of that creek & lyne, to be under the gouerment of Conecticutt. Giuen under o' hands, at Forte James in New Yorke on Manhatans Island, this 30"- day of Nouember, 1 664. Richard Nicolls, George Cartwright, Samuell Mauericke.J [389] The last returne of N. Haven Colony Comittee, in ansio' to their former letter. Newhaven, Janfy 5th, 1664. Hono'-'J Gent", Whereas by yo", dat' Decembf 21"!, 1664, you please to say y' you did y<= same as we in not makeing any grievance knowne to the comrs, &c, unto y' may be returned that you had not y same cause soe to doe, from any p''tence of injiiry by 0"" intermedling with yo'' colony or coven' interest, unto •^y^ch -jye referre y' passage. For o' expressing desires to man age all o"' matters in consistencie wi-'' the confoederatioh we hope yoti will not blame us; how dissonant or consonant yo' actings with us have been, we leave to y^ oonfoederates to judge, as their records may show. That article W^^ allowes 556 RECORDS OP THE [1664 two colonys to joine doth alsoe w^^ others assert j^ justnes of each colonyes distinct right until! joined to mutuall satisfac- tion, & the provision made in such case y^ last session we gainesay not, w° the union is soe compleated & a new settlem' of the confoederation by y^ respective gen>' courts accom- plish [ed.] Their patheticall advice & counsell for an amica- ble imion we wish may be soe attended, in order whereimto we gave you notice of a comittee pi^pared to treate with you for such an accomodation, unto w"'' you give us noe answer, but instead thereof send forth yo' edict from authoritie upon us before o"^ conviction for submission was declared to you. The argum' from C" intermixt scituation is y^ same now as it was before o"^ confoederating & ever since, & affords noe more ground now to dissanuU y« coven' then before. We might marveile at jo^ strange why we should thinke yo' successe should be debto"^ to o"^ silence, & y' because y« newes of o"" noncomplyance was w"i y^ com""*, as if y^ meere newes of such a thing contained y^ strength of all we had to say or plead. Gent° we intreate you to consider that there is more in it then soe, yea y' still we have to alledge things of weight, [390] & know where & how, if wee chose not || rather to abate & suffer, then by striveing to hazard y hurting yo''selves or y^ comon cause. We scope not at reflections, but conviction & conscience-satisfaction, y' soe brethren in y^ fellowship of y^ gospell might come to a cordiall & regular closure, & soe to walke together in love & peace to advance Christ his interest among them, which is all our designe ; but how those high & holy ends are like soe to be promoved betweene us without a treaty for accomodation, wee have cause to doubt, yet y' wee may not faile in y^ least to performe whatever wee have said, we now signify, that haveing scene y« coppye of his majt''=8 comission"'^ determination (deciding y« bounds betwixt his highnes y^ Duke of Yorke, & Conecticutts charter,) wee doe declare submission thereunto according to y« true intent of our vote, unto which we referre you. As to that part of yo^^ concerneing o' magistrates & officers acceptance, their answer is, that they haveing been chosen by the people here to such trust, & sworne thereunto for y^ yeare ensueing & untill new 1664] JURISDICTION OF NEW HAVEN. 657 be orderly chosen, and being againe desired to continue y' trust, they shall goe on in due observance thereof, according to y« declaration left with us by Mr. John AUyn & M.'. Sara" Shearman, beareing date Novemb'' 19'h, 1664, in hopes to find yt in a loveing treaty for accomodating matters to y« ends professed by you, unto which o^ comittee stands ready to attend, upon notice from you, that soe truth & peace may be maintained. Soe shall wee not give you further trouble, but remaine, Gentn yc very loveing friends & neighbors the Comittee appointed by ye freemen & inhab- itants of N. Haven Colony, signed ^ their order, ^ me, James Bishop, Secrefy. [Connecticut appointed no committee to treat with the committee of New Haven Colony respecting the terms of union, and the special privileges before offered to New Haven not having been accepted, when those towils finally submitted, tliey did so to enjoy " equaU pattent priviUdges in all respects with the rest of the members of this collonie." A county court was established at New Haven, October, 1665, and the United Colony was divided into four counties, the next yeai', but no Court of Assist- ants, or Superior Court, if we except the short period of Andross' administration, sat in New Haven till October, 1701. The laws of Connecticut were read, by Mr. Jones, at a public meeting in New Haven, August 14th, 1665, and thereafter those of New Haven were entirely disused and laid aside. The first court with n jury was held there October 3d, 1665. A special session of the general assembly was called to meet at Hartford, on the 15th of March, 1664-5, to attend which from New Haven, Capt. John Nash and John Cooper were chosen, hut the former declaring his inability to go, Lieut. Thomas Munson was elected in his place ; the session was, however, put off till April 20, 1665, when John Cooper and James Bishop were chosen deputies and attended. The session appears to have been entirely harmonious. A suitable number from the towns of New Haven, Milford, Guilford, Stamford and Branford was put in nomination, of whom, Mr. Leete, Mr. Jones, Mr. Fenn and Mr. Crane, at the election in May, 1665, were chosen Magis- trates or Assistants of Connecticut, and an act of indemnity was passed in these words, " This Court doth hereby declare that all former actings that haue past by the former power at New Hauen, so farr as they haue concerned this colony, (whilst they stood as a distinct colony,) though they in their own nature haue seemed uncomfortable to us, yet they are hereby buryed in perpetuall obliuion, neuer to be called to account " The union was a real advantage to the inhabitants of both colonies, and contributed essentially to the peace, strength, prosperity and convenience, of them and their pos- terity; nor afterward, save to Mr. Davenport, Mr. Pierson and a part of the congrega tion of the latter, who were strenuous advocates for the principle that church mem bers only should have the privilege of freemen, does there any thing appear which would lead to the supposition that the change of government was not perfectly and entirely to the satisfaction of the people of thefotmer Colony of New Haven.] ERRATA. Page 449, line 2, for srow, read frow. A fromer is defined as an instrument used in cleaying laths. Page 468, line IB of note,ybr keep ey=, rearfkeepe y. Page 487, line 13, for 1557, read 1657. In the former volume. Page 516, bottom line, for 1649, read 1647. $hh of €onnntuut, bs. Secretary's Office. 1 Ijercbg Ctvtifg, that I have caused the printed matter contained in the foregoing pages of this volume to be care- fully compared with the original Eecord, and that the same is (except vrhere otherwise indicated and expressed,) a true, full and literal copy thereof, and of such documents from the Piles of the State as are incorporated therewith. 3n twttmong tBl)cr£Of, I have hereunto L. S. set my hand and affixed the Seal of the State, at Hartford, this 6th day of April, A. D. 1858. ORVILLB H. PLATT, Secretary of State. New- Haven ' s Settling in NEW-ENGLAND. AND SOME LAWES FOR aOVERNMENT: Publiflied for the Ufe of that Colony. Though fome of the Orders intended for prefent convenience, may probably be hereafter altered, and as need requireth other Lawes added. LONDON: Printed by M. S. for Idvewell Chapman, at the Crowne in Popef-headrMiey. 16 56. NE W-HA VE N' 8 Settling in New-England. And some Lawes for Qovernment^ &c. IT hath pleased the onely wise, and All-sufficient God, who Euleth all the world, determines times, and sets the bounds of all mens habitations, but is the Rich, and pretious portion of them that fear and trust in him, at sundry times, and upon weighty occasions, to bring severall Companies of his people, over the great Deeps, into this part of America, called New-England, a place far remote from their dear Native Countrey, and hath here planted, protected, and graciously provided for them. The first Adventurers (before they had conveniency for travell, and opportunity to consider, and compare one place with another) sate downe at Plymouth, and have had much experience of Gods goodnesse and compassion in a Wildernesse, now betwixt thirty, and forty years. In some years after, the Lord bringing over more of his people, they planted in, and about the Massachusets Bay, and grew a large Colony, and after them the English in Connecticut, and New-Haven, for the conveniency of the Sea, and Rivers, planted more Westerly. And for a while continued, though united in Nation, Religion, and affection, yet otherwise severall and distinct Jurisdictions, free from [2] II any expresse Ingagement one to another. In this time the Enemy slept not, but was at work, to disturb the peace of the English, both in sowing Tares within, among themselves, and stirring up the Indians from abroad against them; but he that is wonderfull in Counsell, and excellent in working, overpowred Satan, and his Instru- ments, and gave good issues to his people, in those their uncomfortable exercises. A while after, upon the motion of the Massachusets Colony, a Treaty was begun, and in processe of time comfortably finished; solemne Cov- 71 562 NEW HAVEN COLONY LAWS. enants were agreed, and concluded betwixt the said Jurisdictions, in the following words. AETICLES O F ' Confederation betwixt the Plantations un- der the Government of the Massachusds, the Plantations under the Government of Pli- mouth,the Plantations tinder the Government of Connectecut, and the Government of Ifew Haven, with the Plantations in Combination therewith. WHereas we all came into these parts of America, with one and the same end and ayme, namely, to advance the Kingdoms of our Lord Jesus Christ, and to enjoy the liberties of the Gospel, in purity with peace ; and whereas in our settling (by a wise providence of God) we are further dispersed upon the Sea-Coasts, and Rivers, then was at first intended, so that we cannot (according to our desire) with convenience communicate in one Government, and Jurisdiction ; and whereas we live encompassed with people of severall Nations, and strange languages, which hereafter may prove injurious to us, and our posterity : And forasmuch as the Natives have formerly committed [3] sundry insolencies and outrages upon severall Plantations || of the English, and have of late combined themselves against us. And see- ing by reason of the sad distractions in England, which they have heard of, and by which they know we are hindred both from that humble way of seeking advice, and reaping those comfortable fruits of protection which, at other times, we might well expect; we therefore doe conceive it our bounden duty, without delay, to enter into a pres- ent Consotiation amongst our selves, for mutuall help and strength in all our future concernments, that, as in Nation, and Eeligion, so, in other respects, we be, and continue. One, according to the tenour and true meaning of the ensuing Articles. Wherefore it is fully Agreed and Concluded by and between the parties, or Jurisdictions above named, and they doe joyntly and sever- ally by these presents agree and conclude, That they all be, and hence- forth be called by the name of. The United Golonies of New-England. The said United Colonies for themselves, and their posterities doe joyntly and severally hereby enter into a firm and perpetuall league of friendship and amity, for offence and defence, mutuall advice and succour, upon all just occasions, both for preserving and propaga- ting the truth, and liberties of the Gospel, and for their own mutuall safety, and wellf'are. NEW HAVEN COLONY LAWS. 563 It is further agreed, That the Plantations which at present are, nr. or hereafter shall be settled within the limits of the Massachusets, shall be forever under the Government of the Massachusets. And shall have peculiar Jurisdiction amongst themselves, as an iutire body ; and that Plimouth, Gonnecticut, and New-Haven, shall each of them, in all respects, have the like peculiar Jurisdiction, and Government within "their limits. And in reference to the Plantations which already are setled, or shall hereafter be erected and shall settle within any of their limits respectively, provided that no other Jurisdiction shall hereafter be taken in, as a distinct head, or Member of this Confeder- ation, nor shall any other either Plantation, or Jurisdiction in present being, and not already in combination, or under the Jurisdiction of [4] f any of these Confederates, be received by any of them, nor shall any two of these Confederates, joyne in one Jurisdiction, without con- sent of the rest, which.consent to be Interpreted, as in the sixt ensuing Article is expressed. It is also by these Confederates agreed. That the charge of all iv. just Wars, whether offensive, or defensive, upon what part or Member of this Confederation soever they fall, shall both in men, provisions, and all other disbursements, be born by all the parts of this Confeder- ation, in different proportions, according to their different abilities, in manner following, namely. That the Commissioners for each Jurisdic- tion, from time to time, as there shall be occasion, bring a true account and number of all the Males in each Plantation, or any way belong- ing to, or under their severall Jurisdictions, of what quality, or condi- tion soever they be, from sixteen years old, to threescore, being inhab- itants there. And that according to the different nuiabers, which from time to time shall be found in each-Jurisdiction, upon a true, and just account, the service of men, and all charges of the war, be born by the poU: Each Jurisdiction, or Plantation, being left to their own just course, and custome, of rating themselves, and people, according to their different estates, with due respect to their qualities and exemp- tions among themselves, though the Confederation take no notice of any such priviledge. And that, according to the different charge of each Jurisdiction, and Plantation, the whole advantage of the War (if it please God so to blesse their endeavours) whether it be in Lands, Goods, or persons, shall be proportionably divided among the said Confederates. It is further agreed, That if any of these Jurisdictions, or any y. Plantation under, or in Combination with them, be invaded by any enemy whomsoever, upon notice, and request of any three Magistrates of that Jurisdiction so invaded. The rest of the Confederates, with- out any further meeting or expostulation, shall forthwith send ayde to the Confederate in danger, but in different proportion, namely the Massachusets one hundred men sufficiently armed, and provided for [5] II such a service, and journey. And each of the rest five and forty men, so armed and provided, or any lesse number, if lesse be required, according to this proportion. But if such a Confederate may be supplyed by their next Confederate, not exceeding the number hereby agreed, they may crave help there, and seek no further for the 664 NEW HAVEN COLONY LAWS. present. The charge to be born, as in this Article is expressed. And at their return to be victualled, and supplied with powder and shot (if there be need) for their journey by that Jurisdiction which imployed, or sent for them. But none of the Jurisdictions to exceed these numbers, till by a meeting of the Commissioners for this Confed- eration, a greater ayde appear necessary. And this proportion to continue, till upon knowledge of the numbers in each Jurisdiction, which shall be brought to the next meeting, some other proportion be ordered. But in any such case of sending men for present ayde, whether before or after such order or alteration, it is agreed, That at the meeting of the Commissioners for this Confederation, the cause of such war or invasion, be duly considered, and if it appear, that the fault lay in the party so invaded, that then, that Jurisdiction, or Plan- tation, make just satisfaction, both to the invaders, whom they have injuried, and bear all the charges of the war themselves, without requir- ing any allowance from the rest of the Confederates toward the same. And further, if any Jurisdiction see any danger of an invasion approaching, and there be time for a meeting, That in such case, three Magistrates of that Jurisdiction may summon a meeting, at such con- venient place, as themselves shall think meet, to consider, and provide against the threatned danger. Provided, when they are met, they may remove to what place they please, onely while any of these four Confederates, have but three Magistrates in their Jurisdiction, a request or summons, from any two of them, shall be accounted of equall force, with the three mentioned in both the clauses of this Arti- cle, till there be an increase of Magistrates there. VI. [6] It is also agreed, That for the managing and concluding || of all affaires proper to, and concerning the whole Confederation, two Com- missioners shall be chosen by, and out of the foure Jurisdictions, namely two for the Massachusets, two for Plimouih, two for Connecti- cut, and two for New-haven, being all in Church-fellowship with us, which shall bring full power from their severall generall Courts respectively, to hear, examine, weigh, and determine all affaires of war, or peace, leagues, aydes, charges, and numbers of men for war, division of spoyles, or whatsoever is gotten by conquest, receiving of more confederates, or Plantations into Combination with any of these Confederates, and all things of like nature, which are the proper con- comitants, or consequences of such a Confederation, for amity, offence, and defence, not intermedling with the Government of any of the Juris- dictions, which by the third Article, is preserved intirely to themselves. But if these eight Commissioners when they meet, shall not all agree, yet it is concluded, That any six of the eight agreeing, shall have power to settle, and determine the businesse in question. But if six doe not agree, that then such Propositions, with their Reasons, so far as they have been debated, be sent, and referred to the foure Generall Courts, viz.The. Massachusets, Plymouth, Qonnectecut, and New-haven. And if at all the said Generall Courts, the businesse so referred, be concluded, then to be prosecuted by the Confederates, and all their Members. It is further agreed. That these eight Commissioners shall meet once every year, besides extraordinary meetings, according to NEW HAVEN COLONY LAWS. 566 the fifth Article to consider, treat, and conclude of all affaires belong- ing to this Confederation, which meeting shall ever be the first Thurs- day in September. And that the next meeting after the date of these presents, which shall be accounted the second meeting, shall be at Boston in the Massachusets, the third at Hartford, the fourth at New- haven, the fifth at Plimouth, the sixth and seventh at Boston ; and then Hartford, New-haven, and Plymouth, and so in course successively. If in the mean time, some middle place be not found out, and agreed on, which may be comodious for all the Jurisdictions. [7] II It is further agreed, That at each meeting of these eight Com- vir. missioners, whether ordinary or extraordinary ; they all, or any six of them agreeing as before, may choose their President out of themselves, whose Ofiice and work shall be, to take care, and direct for Order,,and a, comely carrying on of all proceedings in the present meeting. But he shall be invested vith no such power or respect, as by which, he shall hinder the propounding or progresse of any businesse, or any way cast the scales, otherwise then in the precedent Article is agreed. It is also agreed, That the Commissioners for this Confederation vm. hereafter at their meetings, whether ordinary or extraordinary, as they may have Commission or opportunity, doe endeavour to frame and establish Agreements and Orders in generall cases of a civil nature, wherein all the Plantations are interested, for preserving peace amongst themselves, and preventing (as much as may be) all occa- sions of war, or differences with others, as about the free and speedy passage of Justice in each Jurisdiction, to all the Confederates equally, as to their own, receiving those that remove from one Plantation to another, without due Certificates, how all the Jurisdictions may carry it towards the Indians, that they neither grow insolent, nor be injuried without due satisfaction, least War break in upon the Confederates, through such miscarriages. It is also agreed. That if any Servant run away from his Master, into any other of these Confederated Juris- dictions, That in such case, upon the Certificate of one Magistrate in the Jurisdiction, out of which the said Servant fled, or upon other due proof, the said Servant shall be delivered either to his Master, or any other that pursues, and brings such Certificate, or proof. And that upon the escape of any Prisoner whatsoever, or fugitive, for afly Crim- inall Cause, whether breaking Prison, or getting from the Officer, or otherwise escaping, upon the Certificate of two Magistrates of the Jurisdiction out of which the escape is made, that he was a prisoner or such an offendor, at the time of the escape. The Magistrates, or [8] some of them, of that Jurisdiction where for the || present the said prisoner or fugitive abideth, shall forthwith grant such a Warrant, as the case will bear, for the apprehending of any such person, and the delivery of him into the hand of the Officer, or other person who pur- sueth him. And if help be required for the safe returning of any such offender, it shall be granted unto him that craves the same, he paying the charges thereof. And for that the justest Wars may be of dangerous consequence, ix. especially to the smaller Plantations in these United Colonies, it is 566 NEW HAVEN COLONY LAWS. agreed, That neither the Massachusets, Plymouth, Connecticut, nor New-Haven, nor any of the Members of any of them, shall at any time hereafter begin undertake or engage themselves, or this Confed- eration, or any part thereof in any War whatsoever (sudden exigents with the necessary consequences thereof excepted, which are also to be moderated, as much as the case will permit) without the consent and agreement of the forenamed eight Commissioners, or at least six of them, as in the sixt Article is provided. And that no charge be required of any of the Confederates in case of a defensive War, till the said Commissioners have met, and approved the Justice of the War, and have agreed upon the sum of money to be levied ; which sum is then to be paid by the severall Confederates, in proportion, according to the fourth Article. X. That in extraordinary occasions, when meetings are summoned by three Magistrates of any Jurisdiction, or two as in the fifth Article, if any of the Commissioners come not, due warning being given, or sent, it is agreed. That foure of the Commissioners shall have power to direct a War which cannot be delayed, and to send for due propor- tions of men, out of each Jurisdiction, as well as six might doe, if all met, but not lesse then six shall determine the justice of the War, or allow the demands, or Bills of charges, or cause any levies to be made for the same. XI. It is further agreed, That if any of the Confederates shall hereafter break any of these present Articles, or be any other way injurious to any one of the other Jurisdictions such breach of Agreement, or injury [9] shalbe duly considered, and ordered || by the Commissioners for the other Jurisdictions, that both peace, and this present Confederation, may be intirely preserved without violation. Lastly, this perpetuall Confederation, and the severall Articles and Agreements thereof, being read and seriously considered, both by the Generall Court for the Massachusets, and by the Commissioners for Plymouth, Connecticut, and New-Haven, were presently and fully allowed and confirmed by three of the fore-named Confederates, namely the Massachusets, Connecticut, and New-Haven; in testimony whereof, the Generall Court of the Massachusets by their Secretary, and the Commissioners for Connecticut and New-Haven subscribed them the 19 day of the third month, commonly cailled May, Anno Domini, 1643. Only the Commissioners from Plymouth, having brought no Com- mission to conclude, desired respite to advise with their Generall Court, which was granted, and at the second meeting of the Commissioners for the Confederation, held at Boston in September following, the Commissioners for the Jurisdiction of Plymouth, delivered in an Order of their Generall Court, dated the 29 of August, 1643, by which it appeared that these Articles of Confederation were read, approved and confirmed by the said Court, and all their Townships, and their Commissioners authorized to ratifle them by their subscriptions, which they accordingly did, the 7 day of September, 1643. NEW HAVEN COLONY LAWS. 567 When the Plantations within this Colony Jlrst treated to be one New Haven. Jurisdiction, and to settle themselves under one Government, these ^' following particulars were solemnly and unanimously approved and concluded as a fundamentall Agreement, upon which the GomMnation was framed. THat none shall be admitted Free-men, or free Burgesses within Ueut. 1. 13. this Jurisdiction, or any part of it, but such Planters as are Mem- ^^"d. 18. 21. bers of some one, or other of the approved Churches of New-England; j^^^ V^' nor shall any but such be chosen to Magistracy, or to carry on any part of Civil Judicature, or as Deputies or Assistents to have power, [10] or Vote in || establishing Lawes, or in making or repealing Orders, or to any chief Military Office, or trust, nor shall any others, but such Church Members, have any Vote in any such Elections. Though all others admitted to be Planters, have right to their proper Inheritances, and doe and shall enjoy all other Civil liberties and privUedges, according to all Lawes, Orders, or grants, which are, or hereafter shall be made for this Colony. That all such Freemen of this Jurisdiction, shall yearly without any summons, upon the Election day, which is to be the last fourth day in the week, commonly called Wednesday, in May (till by the Generall Court some other time be ordered and published) either in person, or by proxy, attend that service: And according to their best light from the word of God, shall Vote in the Election of Governour, Deputy Governour, Magistrates, Commissioners for the United Ool- onyes. Treasurer, Secretary, Marshall, or any other Officer, then chosen for the Jurisdiction. And for the ease of the said Freemen (especially such as dweU remote) it is agreed, That when any of them cannot conveniently come, they may send their Votes, either written, or in some other way sealed up in the presence of the rest of the Freemen in the Plantation where they dwell, or the greater part of them. And further, if any of them purposing to be present at the Election, when the other Votes were sealed up, should after be hindred, and then want opportunity to scale up his Vote, in the presence of the major part of the Freemen ; in such case he may scale it up in the presence of two such Freemen as knew he sent no Vote before, and (upon their testimony or Certificate) it shaU be accepted, that so the liberty of the Freemen may be preserved, they may have means to attend their duty, and their Votes may be directed according to their particular light. And the said Freemen may at the Election Court yearly, choose so many Magistrates for the Jurisdiction in each Plantation, as the weight of afiaires shall require, and as they shall there find Freemen fit for such a trust; provided that when any man of what Plantation soever, shall be first propounded for Magistracy within this Jurisdic- [11] tion, seasonable || notice shalbe first given to all the Plantations, of such a purpose, or desire, that all the Freemen may duely consider or informe themselves, and that such as cannot be present, but send their Votes, may proceed accordingly, and that each Freeman whether present or absent, at the Election, may the better improve his Liberty, 668 NEW HAVEN COLONY LAWS* It is Ordered, that he may give or send his Vote, as he finds cause, either in the affirmative, by putting in an Indian Come, or in the Negative, by putting in a Be^ne, or in such other manner, as the Generall Court shall iudge more convenient. Ex. 18. 21. That the affaires of this Jurisdiction, may be the better carried on, De^t 1 16 ^^^ ^^^^ *^® inhabitants may know whom to obey, and from whom to 17.' ' ' seek redresse of injuiries, it is agreed, that there be severall Courts for Deut. 16. 18. severall purposes, and of different constitutions and power. First a General Court, which shall consist of the Governor, Dep- uty Gover: all the Magistrates, and of two Deputies for each Planta- tion in the Jurisdiction (where there is a Church duely gathered, and Freemen orderly admitted) which Deputies shall be chosen either yearly, or against the approach of any such GeneraU Court, by the Freemen of each plantation, or the greater number of them, and shall be sent at each GeneraU Court with full power (as having the power and Voyces of all the said Freemen derived to them) to consult of, and determine, all such matters, as concerne the publick welfare of this Colony, and with due Certificate thereof, aU which both Governor, Deputy Governor, Magistrates, and plantation Deputies shall have Vote in the said Court. This Generall Court and all the members thereof, shall from time to time meete, and sitt at Wewhaven (unlesse upon weighty cause, The Major part of the Court, see cause for a time to alter the place) at least once every yeare, namely the last fourth day in the weeke com- monly called Wednesday in May, first to carry on the Elections, And after to consider and order, all such other affaires of the Jurisdiction, as fall within their Cognizance, trust, and power, Beside which fixed Courts, the Governor, or in his absence. The Deputy Governor, and in [12] their absence, any two Magistrats || of this Jurisdiction, shall have power to Summon a Generall Court, at any other time, as the urgent and extraordinary occasions of the Jurisdiction, or any part thereof, may require, And at all such Generall Courts, whether ordin- ary, or extraordinary, the Governor, JDeputy Governor, Magistrates, with all the forementioned Deputies, shall sitt together till the affaires of the Jurisdiction be dispatched, or may (as they conceive) be safely respited; And if any of the said Magistrats, or Deputies, shall either be absent at the first sitting of the said Court, or without leave depart, or disorderly absent him, or themselves from the service, before the Court be finished (though the absence of a lesse part, either of Magis- trates, or Deputies, when the Court is either fixed, or with due notice, called extraordinarily, shall neither stop proceedings nor abate the force of what is ordered, by the Major part both of Magistrates, and Deputies, yet) he, or they, shall each of them pay twenty shillings for a fine to the Jurisdiction, for such absence, or departure; But if any Plantation, send no Deputy, or if the absence, or departure, be mingled with contempt, or willfuU neglect, which may either hinder the pub- lick service, or prove an ill example, the fine shall be increased, as the Court upon due consideration of the offence, with the agravations, shall judge meete, or if the absence &c. grow by any over ruling prov- NEW HAVEN COLONY LAWS. 669 idence of God, The same is also duely to be considered by the Court, For sparing or mitigating the fine. This Court thus framed, shall first with all care, and diligence from i. time to time provide for the maintenance of the purity of Religion, and ^^j- 2-10. suppresse the contrary, according to their best Light, and directions ^ jj^ g 2. from the word of God. Secondly, though they humbly acknowledge, that the Supreame 2. power of making Lawes, and of repealing them, belongs to God onely, and that by him this power is given to Jesus Christ as Mediator, Esay. 83.22. Math. 28. 19. Joh. 5. 22. And that the Lawes for holinesse, and Eighteousnesse, are already made, and given us in the Scriptures, [IB] which in matters morall, || or of morall equity, may not be altered by humane power, or authority, Moses onely shewed Israel i"™'- B- 8. the Lawes, and Statutes of God, and the Sanedrim the highest Court, ■'''°"'' ■'^' ■'•^• among the Jewes, must attend those Lawes. Yet Civill Rulers, and Courts, and this Generall Court in particular (being intrusted by the freemen as before) are the Ministers of God, for the good of the Kom. 13. 4. people ; And have power to declare, publish, and establish, for the plantations within their Jurisdictions, the Lawes he hath made, and to make, and repeale Orders for smaller matters, not particularly determined in Scripture, according to the more Generall Rules of Eighteousnesse, and while they stand in force, to require due execu- tion of them. Thirdly to require an Oath from all the Magistrates, Deputies, or 3. Assistents &c. In every Court of Judicature, for the faithfull dis- charge of the trust committed to them, according to their best abilities. And to call them to account for the breach of any Lawes established, or for other misdemeanours in their places, and to censure them as the 1. Sam. 12. 3. quality of the offence may require ; and here the Vote to passe as in the Law of Appeals. Fourthly, To impose an Oath of Fidelity and due subjection to tlie^^^^^*-^ ^ just Lawes standing in force, upon all the Freemen, Planters, and^^^^^ '^ ' Inhabitants fit to take an Oath, with due penalty for obstinate refusall, '17! after some convenient time hath been given for due consideration. Ezra 7. 26. Fifthly, To order and appoint such Works and Fortifications as 5. they conceive may tend to the better defence of this Colony ; with Guns, Ammunition, and all other provisions and furniture suitable 2 Chron. 32. thereunto: And to provide that the same be kept and preserved in a 2>3>4,6, . condition fit for present • service, whether against ■Indians, 01 other Enemies. And to order all aflfairs of war and peace, levying of men, ^e. with due respect to the former Articles of Confederation. Sixthly, To order and regulate Trade, both with Indians and others, 6. according to the Rules of Righteousness and prudence, for the publick ^^- ^- 18- good; and to settle and levy Rates, Contributions and Impositions °^-^ ^ [14] upon all sorts of persons, || Lands and Goods, within this Juris- diction, as the publick service, and occasions of Church or Common- wealth may from time to time require. Seventhly, To hear and determine all causes, whether Civil o'^.^^^'^g Criminall, which by appeal or complaint shall be orderly brought unto ^^^ ja.' them, either from any inferiour Court, or from any of the Plantations. 72 570 NEW HAVEN COLONY LAWS. 2 Tim. 8.16. In all which, with what ever else falls within their eogirizance, trust or Judicature (as the highest Court within this Jurisdiction) they shall proceed according to Scripture light, and Lawes, and Orders, agree- ing therewith. And nothing shall be concluded, and passe as an Act of the General Court (unlesse in cases expressly excepted) but by the consent and Vote of the Major part of the Magistrates, together with the consent and Vote of the greater part of the Deputies. Acts 19. 88. Secondly there shall be a Court, called the Court of Magistrates ^®" wherein all the Magistrates for the Jurisdiction, shal meete and sitt at New-haven, at least twice a year; namely, the Second day of the weeke. Commonly called Munday, before the Court of Elections in the Third Month called May, and the third fourth day in the weeke commonly called Wednesday, in the eight month called October; to heare examine and determine, all weighty andXDapitall causes Civill, and Criminall, above those limited to Plantation Courts, And to receive, and try all Appeales duely brought unto them, from planta- tion Courts, and to call all the Inhabitants, Freemen, planters, and others to account for breach of any Lawes, or Orders, Established, or for other misdemeanours, and to censure them, as the quality of the Offence shall require, in which meetings of the Magistrates, lesse then foure Magistrates, shall not be accounted a Court, nor shall they carry on any buisnesse as a Court of Magistrates. But it is expected, and required, that all, and every of the Magistrates for this Jurisdiction, doe constantly attend the Publick Service ; at every Court of Magis- trates, whether fixed, or upon speciall occasion duely Summoned, either by the Governor, or in his absence, by the Deputy Governor, or in their absence, by any two Magistrates of this Jurisdiction, [15] II and if any of them (having had due warning) be absent at the first sitting of any such Court, or after without leave depart, or disor- derly absent himselfe from the service, before the Court be finished, he, or they shall pay for every such default, twenty shilings fine to the Jurisdiction, or more as the case may require, unlesse some prov- idence of God (whereof the Court of Magistrates shall from time to time judge) did necessarily cause the same, and all Sentences in this Court, shall passe by the Vote of the Major part of the Magistrates present, onely the Governor, and in his absence the Deputy Governor, when Votes in other respects are equall, shall in this Court, and when they or either of them, sitt in a Plantation Court, have a casting Voyce, but from this Court, appeales and complaints may be made, and brought to the Generall Court, the Plaintiff in point of security, first duely attending the Law of Appeales. Thirdly beside the Generall Court, and Court of Magistrates, for the ease of the Inhabitants, there shall be Plantation Courts, to heare and determine inferiour causes, which Courts may be of two sorts, namely in every Plantation within this Jurisdiction, where there is a Magistrate, one, or more, the Freemen from among themselves, shall choose at least two Deputies, but three or fower if they see cause, to assist the Magistrate, or Magistrates, and in such Courts they may try any Civill cause betwixt party and party, in valew not exceeding twenty Pounds, and any Criminall cause, when the punishment by NEW HAVEN COLONY LAWS. 671 Scripture Light, exceeds not stocking, and whipping, and if the fine be pecuniary, when the fine exceeds hot five Pounds, and in all such Courts, the Sentance shall passe according to the Vote of the Major part of the Court, onely when Votes in their number are equal!, the casting Voyce shall be in the Governor, or Deputy Governor, or Magistrates present. But to expedite justice with as little inconven- ience as may be to Magistrates more remote, it is agreed, and Ordered, that any such Plantation Court, calling in two other Magistrats, from any other neighbouring Plantation, or Plantations, within this Juris- diction, may try any civill cause, though of the highest Valew, and any Criminall cause, provided it be not Capitall, extending to the life of the Offendor, but in such Plantations, if the Magistrate upon any occa- sion be absent, the Deputies alone have no such power of Judicature, [16] onely to prevent || inconveniences, they may order the Marshall to stay any Malefactor or suspitious person, or seize, or stop the estate of any man, or part of it, upon case shewn, when the case will not admit delay, till the Magistrate come home, provided that sufiicient security be taken of him, or them, causing such stay or seizure, to pay just damages, if the proceedings prove unwarantable, and in case of remove, or death of such Magistrate, the Deputies fall in with other Plantations, where there is no Magistrate, till further Order be taken, and in such Plantations Deputies being Chosen, either by the Generall Court, or with their allowance, by the freemen from among themselves, they may keepe Courts to issue smaller causes, and to order other affaires, in all respects, as the General Court shall from time to time appoint and Umit, but from all these Courts, and in all tryals, and proceedings in them. Appeals and complaints may be brought to the Court of Magistrates, the Plaintiff putting in security, according to the Law of Appeales. These Generalls were at first laid, as a foundation for Government, though it was foreseene, and agreed, that the Circumstantialls therein, such as the Ordinary, and fixed times both for Elections, and for the meeting of the Generall Court, and Court of Magistrates, how oft, and when they shall sit, the fines for absence, or disorderly departing, and the Valew of causes to be tryed in Plantation Courts, with other par- ticulars in their proceedings might after be further considered, con- tinued or altered, as may best suite the course of justice, and the con- veniency of the Plantations. Gertaine Lawes, Liberties, and Orders, made, granted, and estab- lished, at severall times, by the Generall Court of New-haven Col- ony, for and to the Inhahitarvts of that Jurisdiction, now Collected, and further Published, for the use of such as are concerned in them, wherein they have made use of the Lawes published by the Honourable Colony of the Massachusets. IT is Ordered by this Court, and the Authority thereof, that no mans life, shall be taken away, no mans honour, or good name, shall be stained, no mans person shall be imprisoned, banished, or otherwise punished, no man shall be deprived of bis wife, or^children, no mans 572 NEW HAVEN COLONY LAWS. goods, or estate shall be taken from him, under colour "of Law, or [17] Countenance of Authority, unlesse it be by vertue, || or equity of some expresse Law of this Jurisdiction, established by the Generall Court, and sufficiently published, or for want of a Law in any pa,rtic- ular case, by the word of God, either in the Court of Magistrates, or some Plantation Court, according to the weight and valew of the cause, onely all Capitall causes, concerning life or banishment where there is no expresse Law, shall be judged according to the word and Law of God, by the Generall Court. That no man shall be put to death, for any oflTence, or misdemeanour in any case, without the testimony of two witnesses at least, or that which is Equivalent thereunto, provided, and to prevent, or suppresse much inconvenience, which may grow, either to the publick, or to par- ticular Persons, by a mistake herein, it is Ordered, and declared, by the Authority aforesaid, that two, or three single witnesses, being of competent age, of sound understanding, and of good Reputation, and witnessing to the case in question (whither it concerne the publick peace, and welfare, or any one, and the same particular person) shall be accounted (the party concerned, having no just exception against them) sufficient proofe, though they did not together see, or heare, and so witnesse to the same individuall, and particular Act, in reference to those circumstances of time, and place. Actions. IT is ordered by this Court and the Authority thereof, that every person impleading another, in the Court of Magistrates, or in any Plantation Court, when the debt or damage he demands, or the action he layeth, is above twenty pounds, so that it cannot be tryed by a Plantation Court, unless two Magistrates of some other Plantation, be called in to assist, he shall pay the sum of ten shillings, before his case be entred, or any part of it heard, unlesse the Court see cause to admit the Plaintiff to sue, in forma pauperis. But in all Actions, brought to any Court, the Plaintiff shall have Liberty to withdraw his action, or to be non suited, before Sentence passe, in which case, he shall alwayes pay full cost and charges to the defendent, and may after renew his Suite at another Court. Age. It is Ordered, S^c. that the age for passing away of Lands, or such kinds of Hereditaments, or ingagements of like nature, as for [18] ij giving of Votes, passing Sentences in publick meetings. Civil Courts, or Causes, shall be at least twenty and one years, but in cases admitting the choyce of Guardians, any age above fourteen may be sufficient. Appeales. It is Ordered, S^c. That if any man cast, or sentenced in his Cause, Ac^s25.9 be unsatisfied with the proceedings and issue, it shall be in his liberty (the cause not being criminall) to make his Appeal from any Planta- tion Court, to the Court of Magistrates ; and in like case, from the Court of Magistrates, to the General Court. But in such case, when NEW HAVEN COLONY LAWS. 573 the Magistrates, or some of them, have already exprest themselves, to prevent difference and inconvenience, it is Ordered, That the major part of the General Court, consisting of Magistrates and Deputies, taken joyntly shall issue it. But to prevent, or provide against unnecessary trouble to Courts, charge to the Jurisdiction, and other inconveniencies which may follow, if the course of Justice be delayed, or evaded, it is further Ordered, That whosoever shall so Appeal, doe tender his Appeal, and put in sufficient security before the Judges of tlie Court, from which he Appeales,the Secretary or other person, or persons Authorized to admit Appeals, effectually by himself, his Deputy or Attorney to prosecute his Appeal, at the next usuall fixed time of that Courts sitting, to which the Appeale is made; and to observe, perform, and pay to the Defendant, as shall be there adjudged ; but every such Appeal shall be entred, and security as before put in, within three dayes after sentence in the cause was given, and the same at the charge of the party appealing, to be recorded, and certified to the Court, unto which the Appeale is made. And lastly, it is Ordered, that if in the review it appear, the Plaintiff had no cause to Appeale, Petition, or complain, he shall pay such further exo. 22. charge, as the Court shall judge hath been expended in their sitting to re-examine his cause, that no unnecessary charge fall upon the Colony. Appearance. Non-appearance. It is Ordered, ^c.'That no man shall be punished for not appearing at or before any Civil Assembly, Court, Magistrate, or Officer, nor for omission of any Office or service, to be performed in his own per- son only, if he shall be necessarily hindred by any apparent provi- [19] dence of God, which he could neither foresee, || nor avoid, and by giving or sending notice, hath done what was in his power. Pro- vided, That this Law shall not prejudice any person of his just cost and damage, in any civil action. Arrests, see Imprisonment. Attachments. See further in the Title Disiresse. It is Ordered, SfC. That no Attachment shall be granted in any civil action to any Forraigner, against a setled Inhabitant of this Jurisdic- tion, before he hath given sufficient security, or caution, duly to prose- cute his Action, and to answer the Defendant such costs and damages, as the Court shall award. And it is further Ordered, That in all Attachments of Goods and Chattels, of Lands or Hereditaments, whether by Forraigners, or setled Inhabitants, legall notice shall be given to the party concerned, or left in writing at his house, or place of usuall abode, before the suit proceed ; but if he be out of the Juris- diction, the cause shall proceed to tryall, but Judgement shall not be entred till another Court at least a month after. And if the Defend- ant doe not then appear, Judgement shall be entred, but execution shall not be granted before the Plaintiff hath given sufficient security to be responsall to the Defendant, if he shall reverse the Judgement within one year, or such further time lis the Court shall see cause to Order. 574 NEW HAVEN COLONY LAWS. Bakers. IT IS Ordered, Sfc. That every person within this Jurisdiction, who shall bake Bread for sale, shall have a distinct mark for his Bread; and keep the true assizes hereafter expressed and appointed. When "Wheat is ordinarily sold by the bushell, at the severall Rates hereafter mentioned, the penny white loaf, penny wheaten loaf, and penny houshold loaf shall weigh severally and respectively by aver dupoyse weight as followeth. s, d. the When the bushell of wheat is •at 3 penny white loaf 11 J ounces, wheaten 17|- ounces, houshold 23 ounces. at 3 6 penny white loaf 10\ ounces, wheaten \b\ ounces, houshold 20^ ounces. at 4 penny white loaf 9^ ounces, wheaten 14 ounces, houshold 18|^ ounces. at 4 6 penny white loaf 8|- ounces, wheaten 12f ounces, houshold 1 6| ounces, at 5 penny white loaf 7| ounces, wheaten ll| ounces, houshold 15| ounces. at 5 6 penny white loaf 7 ounces, wheaten 10 J ounces, houshold 14|^ ounces. at 6 Q penny white loaf Q^ ounces, wheaten \0 ounces, houshold \S ounces. at 6 6 penny white loaf 6 ounces, wheaten 9^ ounces, houshold 12^ ounces. [20] II And so proportionably under the penalty of forfeiting all such Bread, as shall not answer the forementioned severall Assizes. And for the better execution of this Order there shalbe in every Planta- tion, as occasion may require, an Officer yearly chosen, who shal be sworn at the next Plantation Court, or by the next Magistrate, or Officer for taking Oaths, unto the faithfull discharge of his Office, who is hereby authorized to enter into any house, either with the Consta- ble, or Marshall, or without, where he understands that any Bread is baked for sale, and to weigh such Bread, as often as he seeth cause: &'2o! ib. ^"'J after once notice, or warning, to seize all such bread as he find- Deu. 25. 15. eth defective in weight, or not marked according to this Order. And Am. 8. 5. 6. all such forfeitures shall be divided, one third part to the Officer for his care and paines, and the rest to the poor of the placel Ballast. It is Ordered, ^c. That no Ballast shall be cast out of any Ship or other Vessel in the Channel, or other place inconvenient, in any Har- bour within this Jurisdiction, under the penalty of ten pounds to be levied upon the Owners, Mariners, Seamen, or others offending, to the use of the said Plantation. The ship or vessel to be stayed till payment be made. Barratry. It is Ordered, Sfc. That if any person be proved, and judged a com Pro. 6. 19. mon Barrater, vexing others with unjust, frequent, and troublesome 26! 21.' suites, it shall be in the power of any Court, both to reject his cause, and to punish him for his Barratry. Bills and Specialties, It is Ordered, Sfc. That any debt, or debts, due upon Bill, or other specialty, being duly assigned to another, shall be as good a debt, and estate to the Assignee, as it was, or could be, to the Assigner. And that it shall be lawfuU for th5 said Assignee to sue for, and recover the said debt, due upon Bill, or other Specialty, and so assigned, as Lev. 19. 36. Pro. 11. 1 NEW HAVEN COLONY LAWS. 575 fully as the Original Creditor might have done. _ Provided the Assignation be either made upon the back of the Specialty, or to the Court some other way cleared, that future questions may be stopped, or duly answered. Burglary, and Theft. It is Ordered, Sfc. That if any person shaU commit Burglary, or break up any dwelling-house, or any thing equilant, or rob any [21] II person by force, or by using any threatning gestures, or other actions, in the fields, high-way es, or other place, the party so offend- ing, shall for the first otfence (beside such restitution and damage as the Court to which the cognizance belongs, shall see cause to order) Zeoh. 13. 6. be branded on the right hand with the Letter (B) if he shall offend in •'"''e- is- 7. the like kind a second time (beside restitution and damage) he shall be branded on the left hand, and also be severely whipt ; and if he fall into the like offence the third time, (beside restitution and damage out of his estate) he shall be put to death as incorrigible. And if any person shall commit such Burglary, or so rob in any place on the Lords day, he shall (beside restitution and damage) for the first offence, »' be burnt on the right hand, as before, and severely whipt ; for the second offence, he shall be burnt on the left hand, stand on the Pillory, be severely whipt, and wear a halter in the day time constantly and visibly about his neck, as a mark of infamy, till the Court of Magis- trates see cause to release him from it ; but if he fall into the same offence the third time, he shall be put to death as incorrigibly unright- ''^S''?;,^^- eous, and presumptuously profane. And to prevent or suppresse other thefts, and pilfrings, it is Ordered, That if any person shall be taken, or proved to have stollenj- assisted, or any way have been accessary to the stealing of any Cattel of what sor£ soever, or Swine, he shall by way of forfeit make such restitution to the owner, as the Court considering all circumstances, ex. 22. i. shall judge most agreeable to the word of God. And if any person *° ^■ shall be proved to have stoUen any Goods of what sort soever, out of any mans dwelling-house. Warehouse, Barn, or other Outhouse, or left out in Court, Yard, Garden, Orchard, High-way, from the Water- side, or out of any Boat or Vessel, or other place, or to have robbed any Garden, or Orchard, or stoUen, or hurt, any grafts, or fruit-trees, or fruit, he shall forfeit and pay double damages to the owner, beside such further fine and punishment, as the Court considering all aggrar vating circumstances of time, manner ^c. shall judge meet. If the thief in any part of the premisses be not able to make restitution (if the case require it) he is to be sold for a servant, till by his labour he Bx. 22. 3. may make due restitution. And if any Children, or Servants, who cannot pay for themselves, shall transgresse, and trespasse in any part [22] of the premisses, if their Parents or Masters || will not pay the penalty for them, they shall be publickly whipt, or further proceeded acainst as the case may require, and all Servants, and workemen,imbez- eling pilfring or stealing the goods of their Masters, or such as set them on worke, shall make such Restitution, and be liable to all Lawes and penalties as other men, and if any person shaU be proved to pilfer or 576 NEW HAVEN COLONY LAWS. steale a second or third time, his punishment shall be increased by whiping or otherwise, as the Court shall see cause. And forasmuch as small thefts, trespasses, or other offences of a Criminall nature, are sometimes committed by the English or others in Townes or places remote from Prisons, or it may prove inconven- ient to defer the Tryall, or to make stay of the persons offending, or hard to get security for appearance at a Court, it is therefore Ordered, that any Magistrate, or Deputy intrusted to assist in Judicature, call- ing in such other help as the place affords for a Plantation Court (which help is hereby required to attend the service upon due warn- ing) may upon complaint brought to him, when the case so requires, with the first conveniency, heare, and upon due proofe determine any such offence (the valew whereof either in point of fine, damage, or other punishment exceeds not the limits of that Plantation . Court, according to the Lawes here established) and may give warrant to the Marshall, or other Officer, for answerable execution, but if the offender refuse to pay or have nothing to satisfle, the Magistrate, or Deputy with the help aforesaid, may punish by stocking, whiping, or otherwise ; according to the nature of the offence, and import of this Law. Oapitall Lawes. IT is Ordered, ^c. That if any person after legall, or other due con- viction, shall have, or worship any other God, but the Lord God, he shall be put to death, Exod. 22. 20. Deut. 13. 6. 10. Deut. 17. 2, 3, 4, 5, 6. If any person be a Witch, he or she shall be put to death, accord- ing to Exod. 22. 18. Levit. 20. 27. Deut. 18. 10, 11. If any person within this Jurisdiction, professing the true God, shall wittingly and willingly presume to blaspheme the holy name of God, Father, Son, or Holy Ghost, with direct, expresse, presumptuous, or high-handed blasphemy, either by willfuU or obstinate denying the [23] true God, or his Creation, or Government of || the world, or shall curse God, father. Son, or Holy ghost, or reproach the holy Religion of God, as if it were but a politick device to keep ignorant men in awe ; or shall utter any other kind of blasphemy of like nature, and degree, such person shall be put to death. Lev. 24. 15, 16. If any person shall commit any wilfull murder, if he shall kill any man, woman or child, upon premeditated malice, hatred, or cruelty (not in a way of necessary and just defence, nor by meer casualty against his will) he shall be put to death. Exod. 21. 12, 13. Numb. 35. 31, If any person slayeth another suddenly in anger, or cruelty of pas- sion, he shall be put to death, Levit. 24. 17. Numb. 35. 16, 17, 18, 19,20,21. If any person come presumptuosly to slay another with guile, whether by any kinde of force, Poyson, or other wicked practice, every such person shall be put to Death. Exod. 21. 14. Agreeing with Deut. 19. 19. By parity of Reason. If any man or woman, shall lye with any beast, or bruite creature NEW HAVEN COLONY LAWS. 577 by carnall Copulation, he, or she, shall surely be put to death, and the beast shall be slaine, buried, and not eaten. Levit. 20. 15, 16. If any man lyeth with mankinde, as a man lyeth with a woman, both of them have Committed abomination, they both shall surely be put to death. Levit. 20. 13. And if any woman change the naturall use, into that which is against nature, as Mom. 1. 26. she shall he hable to the same Sentence, and punishment, or if any person, or per- sons, shall Commit any other kinde of unnaturall and shamefull filthi- nes, called in Scripture the going after strange flesh, or other flesh then God alloweth, by carnall knowledge of another vessel then God in nature hath appointed to become one flesh, whether it be by abusing the contrary part of a grown woman, or Child of either sex, or unripe Judo 7. vessel of a Girle, wherein the natural! use of the woman is left, which Grod hath ordained for the propagation of posterity, and Sodo- miticall filthinesse (tending to the destruction of the race of mankind) is committed by a kind of Eape, nature being forced, though the will were inticed, every such person shall be put to death. Or if any man shall act upon himself, and in the sight of others spill his owne seed, [24] by example, or counsel, or both, corrupting or tempting || others Gen. 38. ». to doe the like, which tends to the sin of Sodomy, if it be not one kind of it ; or shall defile, or corrupt himself and others, by any other kind of sinfuU filthinesse, he shall be punished according to the nature of the offence ; or if the case considered with the aggravating circum- stances, shall according to the mind of God revealed in his word require it, he shall be put to death, as the Court of Magistrates shall determine.* Provided that if in any of the former cases, one of the parties were forced, and so abused against his or her will, the innocent Deut. 22. , ' '^ ' OK Oft person (crying out, or in due season complaining) shall not be pun- ished, or if any of the offending parties were under fourteen year old, when the sin was committed, such person shall onely be severely cor- rected, as the Court of Magistrates considering the age, and other circumstances, shall judge meet. If any man married, or single, commit Adultery with a marryed or espoused wife, the Adulterer and Adulteresse shall surely be put to death.t Lev. 18. 20. Lev. 20. 10. Beut. 22. 23, 24. If any person Steale a man, or mankind, that person shall surely be put to death, Exod. 21. 16. If any person rise up by false witnesse, wittingly and of purpose to take away any mans life, that person shall be put to death. Deut. 19. 16, 18, 19. If any person shall conspire, and attempt any invasion, insurrection, or publick Rebellion against this Jurisdiction, or shall endeavour to surprize, or seize any Plantation, or Town, any Fortific3.tion, Plat- form, or any great Guns, provided for the defence of the Jurisdiction, or any Plantation therein; or shall treacherously and perfidiously attempt the alteration and subversion of the frame of policy, or funda- * Occasioned by W. Plaines case, in 1646. see Winthrop, ii. 265. t From tlie New Haven Town Eeo. ii. p. 23, we learn incidentally that in the latter part of May, or beginning of June, 1650, there was one executed for adultery. 73 678 NEW HAVEN COLONY LAWS. mentall Government laid, and setled for this Jurisdiction, he or they Rom. .-.32. shall be put to death. Num. 16. 2 Sam. 18. 2 Sam. 20. Or if any person shall consent unto any such mischievous practice, or by the space of foure and twenty houres conceale it, not giving notice thereof to some Magistrate, if there be any Magistrate in the Planta- tion, or place where he liveth, or if none, to some Deputy for the Jurisdiction, or to the Constable of the place, that the publick safety may be seasonably provided for, he shall be put to death, or severely punished, as the Court of Magistrates weighing all circumstances shall determine. [25] II If any Child, or Children, above sixteen year old, and of com- petent understanding, shall curse, or smite, his, her, or their naturall father, or mother, each such Child shall be put to death, Exod. 21. 17. Levit. 20. 9. Eacod. 21. 15. unlesse it be proved, that the Parents have been very unchristianly negligent in the education of such Child, or Children, or so provoked them by extream and cruell correction, or usage, That they have been urged or forced thereunto, to preserve themselves from death or maiming. If any man have a stubborn Rebellious Son, of suflBcient Age and understanding, namely sixteen year old, or upward, which will not obey the voyce of his father, or the voyce of his mother, and that when they have chastned him, will not hearken unto them, then shall his father and his mother (being his naturall Parents) lay hold on him, and bring him to the Magistrates assembled in Court, and testifie unto them, that their Son is stubborn and rebellious, and will not obey their voyce and chastisement, but lives in sundry notorious crimes ; such a Son shall be put to death, Deut. 21. 18, 19, 20, 21. If any man shall ravish any maid, or single woman, who is above the age^ of ten years, committing carnall copulation with her by force, against her own will, he shall be severely and grievously punished, as the Court of Magistrates considering all circumstances shall deter- mine. Caske and Cooper. Deut. 25. 15. It is Ordered, S^c. That all Cask, whether Pipes Hogsheads, Bar- Mio. 6. 10. reis, quarter Cask, or other sorts used in Trade, whether for any Liquor, Fish, Pork, Beef, or other Commodity put to sale, shall be of London Assize. And that in each Plantation within this Jurisdic- tion, where Cask is made or used for Trade, the Plantation Court, or the Constable, with the present or last Deputies for the Generall Court, where there is no Plantation Court, shall from time to time appoint some fit person, or persons, to view and gage all such Vessel or Cask: and such as shall be found of due Assize and made of sound and well seasoned stufie, (and none but such shall be marked with the Gagers mark) who shall have for his paines eight pence for every Tun, and proportionably for what he so marketh. And every Cooper shall have, and set a distinct brand-mark of his own, upon each Cask [26] upon II paine of forfeiting after the rate of twenty shilHngs a run, for what he sells, either without the Gagers mark, or not marked With his own constant brand mark. NEW HAVEN COLONY LAWS. 579 Gaitell, Gorn, Fields, Fences. To prevent, or remedy mucli inconvenience, and many differences which may grow about Fencing, Planting, Sowing, Feeding, and improving of common fields, inclosed for Corn, or other necessary use, it is ordered, That every person interessed in any such field shall from time to time, make and keep his part of the Fence, sufficiently strong and in constant repaire, according to all Orders in force in each Plantation, to secure the Corn, and other fruits therein. And shall not put, cause, or permit any Cattel to be put in, so long as any Corn, or other fruit shall be growing, or remain upon any part of the Land so inclosed. Unlesse by some generall expresse agreement of such as are interessed. And if at any time the owners or occupiers of any such inclosed Land cannot, or doe not agree, in any part of the premises. It is Ordered, That upon due and seasonable notice given to the select men or Towns men, appointed for prudentiall affaires, proper to their care and trust, by any concerned, and unsatisfied, they shall appoint a convenient time to hear and order such differences, and settle a due way of fencing, improving, and preserving such fields, and the fruits of them. And whosoever shall oppose or transgresse, shall be liable to all damages proved to grow thereby, and to such further fine for breach of Order, as the Plantation Court, or Authority there set- led for such purposes, shall judge meet. But in any Plantation, where there are yet no such select, or Towns men, the Freemen from among themselves, shall yearly choose a convenient number to order such occasions, that peace and righteousnesse may be the better pre- served therein. And these select, or Towns men, shall from year to year appoint one, two, or more, of the Planters, for all or each com- mon field, belonging to the Plantation where they dwell, to view the common Fences within their trust and to take due notice of the reall defects and insufiiciency thereof, and shall forthwith acquaint the owners with the same. And if the said owners or occupiers doe not at furthest within six working dayes, or sooner if the said select men see cause, and so appoint, sufficiently repaire, or cause the same to be [27] repaired, he, or they, shall forthwith upon the || demand of the appointed Viewer or Viewers (beside other just damages) pay as a fine to the Plantation, twelve pence for every Kod (if there be a con- siderable quantity of such defective Fence together) or for every single defect, in such faulty Fence, or the said Viewer or Viewers, taking due witnesse of the defects, may if it suite their conveniency forth- with repaire or renew them, or cause them to be repaired or renewed, and shall have double recompence for the same, to be paid (beside other just damages) by the owners, or occupiers of the said insufficient Fence, or Fences. And in either case if payment be denyed or delayed, such Viewer, or Viewers, shall have Warrant from the said select men, directed to the Marshall, or Constable, to levy the same forthwith upon the estate of the Delinquent. And when Lands lye in Common unfenced if one man shall improve his Land by fencing in severall, and others, one, or more shall not, he who shall, so improve, shall secure his Land from other mens Cattel (unruly Cattle excepted) who shall compell no man to make any 580 NEW HAVEN COLONY LAWS. Fence with him, except he also improve in several!, and where one man shall improve before his neighbour, and so make the whole Fence, if his said neighbour shall after improve, he shall then satisfie for half the others Fence against him, according to the present value, and shall maintaine the same : And if the said first man shall after lay open his said field, or land, then the said Neighbour shall both enjoy his said half Fence so purchased, and shall have liberty to buy the other half Fence against his Land, paying according to the present worth as it shall be rated by two men indifferently chosen. And the like Order shall be, when any man shall improve Land, against, or adjoyning to a Town Common. Provided this extend not to house- lots, in which, if one shall improve, his neighbour or neighbours shall be compellable to make, and maintaine one half of the Fence between them, whether he or they improve, or not. Provided also, that no man shall be hable to damage done in any ground not sufficiently fenced, and himself not interessed in the defective Fence, or some part of it, except the damage were done by prohibited or unruly Cattel of any sort (in which Swine are included) which cannot be restrained by ordinary Fences, or where any shall unwarrantably put in Cattel, of what "sort, or under what colour or pretence soever, or otherwise will- fully trespasse upon his neighbours ground. [28] II It is further Ordered, That whatsoever Swine, or greater Cattel (Horses excepted, which are particularly mentioned hereafter) shall be found in the Woods, or Commons unmarked, are lyable to Pound- age, and being either Pounded, or otherwise prosecuted and proved, the Owner shall pay for each Swine unmarked, three shillings and four pence, of which half the fines to the Pounder, or Prosecutor, and the rest to the Plantation. And for each of the greater sort of Cattel, six shillings, whereof half shall be Ordered to the Pounder, or Prose- cutor, and the rest to the Plantation ; but if the owners be not known, or found, then every such Swine or Beast of a greater kind, to be duly cryed, that the owner may take notice, claim his interest, and pay the fine, and charges ; but if yet no owner be found, then after due apprise- ment by indifferent men chosen by Authority in the place, and the same recorded by the Secretary, s^e to be so far made, that the fine and charges may be fully paid, and the remainder kept by the Treas- urer, till the owner be knowne, And the rest of such Swine, or Cattel, being first marked with a pubhck Town mark, or brand, with some distinction from the mark of particular men, to be again turned into the woods. Lastly, it is Ordered, That no owner of Cattel, of what kind soever, after knowledge, or notice given, that any Cattel of his, whether Horse, other Beast, or Swine, is unruly in respect to fences, shall suffer any such to goe at liberty, either in Common, or against Corn fields, or other impropriate enclosed grounds fenced as aforesaid, but . shall either constantly keep them, upon his own ground, within suffi- cient fences, all his own, or put and keep upon each of them, such shackles and fetters, or yoaks and rings, as may sufficiently from time to time, restrain and prevent trespasse, or shall pay all damages and charges, whether in Come, or other fruits, with hurt in fences, expence NEW HAVEN COLONY LAWS. 581 of time, and help in catching, Pounding, driving out, and bringing home, any such unruly Cattel, of what kind soever, with such further fine for breach of Order, and Court charges, if the Plaintiff be put to recover it that way, as the Court shall judge meet. Charges publick. That publick charges may be defrayed in a ready and just way, it is Ordered by this Court, and the Authority thereof, That in each [29] Plantation within this Jurisdiction, the select or Towns || men,* or_ some others thereunto deputed, doe yearly the first week of the third month called May, require, procure, and make a full and just List of all the male persons within their limits, from sixteen years old, and upwards; and a true estimation of all personall and reall estates, being or reputed to be the estate of all, and every the persons belong- ing to the Plantation, or in their present possession, viz. of Houses, Lands of all sorts, Meadow and upland, as well unbroken up, as other (except such as doth and shall lye common for free feed of Cattel at all times to the use of the inhaj)itants in generall) Mills, Ships, and all small Vessels, merchantable Goods, Cranes, Wharfs, and all sorts of Cattel and other estate (houshold stufi", and Goods of that kind, pro- vided and kept for that use, and not for Trade, onely excepted, whether at Sea, or on shoar, with a due consideration and estimate of the advantage men may have by their severall and respective Arts, or Trades. Which List, and particular account, of males and estates in reference to Eates, shall by the Deputies chosen by each Plantation, and sent to assist at the Generall Court, be presented yearly when they sit, in the latter end of May, under such penalty for default, as the Court considering the hindrance in the Jurisdiction afiaires, shall see cause to inflict. All which persons and Estates, are to be assessed and rated, by such as are thereunto appointed, for one single rate, as followeth, viz. Every male person above sixteen years of age (except Magistrates and Elders of Churches) at twenty pence by the head, and all estates both reall and personall, at one penny for every twenty shillings. And that Houses (wherein there is much difference) may be the more equally rated, according to their worth, it is Ordered, That the Deputies from the severall Plantations within this Jurisdic- tion now assembled at this Generall Court, doe before their return, rate two Houses in New-haven, which shal be as patterns for the other Plantations to rate by. That all Lands, whether Meadow, or upland, and whether the upland be better, or worse, broken up, or not, (except it lye common as before) be rated at twenty shillings an Acre, and for that a considerable part of mens estates in these parts, lyeth in Cattel, to avoyd many Questions which may grow about their age, it is Ordered, That all sorts of Cattel from year to year, though any of them should not be a year old till the last of July, yet in reference to Kates, [30] be accounted, || and pay as if they were a year old the first of And in like manner for two years old, or elder ; and in Ueu * It seems that Townsmen were chosen in New Haven for the first time, November 11, 1651, that the town meetings, " wot spends the towne much time, may not be so often," Town Bee. ii. 76. 582 NEW HAVEN COLONY LAWS. thereof, Cattel tkough. near 3 quarters of a year old the first of May, shall not be Rated, and Cattel of a year and almost three quarters, shall be Rated but a year old, and so upward. And it is further Ordered, That till this Court find some considerable alteration in prises, every Cow of four year old (the age reckoned as before) or upward, shall be Rated at five pounds, every Heifer, or Steer, three year old, reckoned as before, at four pounds; and betwixt two and three years old, at fifty shillings ; and of one year old, thirty shillings. Every Ox, and Bull of four year old, or upward, at six pounds; every Horse of three year old (after the former account) or more, shall be valued at ten pounds ; every Mare of three year old, or upward, at twelve pounds; those of two year old, or upward, according to the former account, whether Horse, or Mares, each of them at five pounds ten shillings; and those of three quarters of a year old, or above, till they come to be a year and three quarters, shaU be Rated at three pounds and ten shillings ; every y^w sheep of a year old, or above, at thirty shillings ; every weather sheep, or Ram, of a year old, or above, at sixteen shillings ; every Goat of a year old, or above, at eight shil- lings ; every Swine of a year old, or above, at twenty shillings ; every Asse of a year old, or above at forty shillings. And all Hey, and Corn in the husbandmans hand, is hereby exempted from Rates, because all Meadow, Arrable Land, and Cattle, are Rateable as afore- said. And for all such persons, as by the advantage of their Arts and Trades, are more enabled to bear publick charges, then Common Labourers and Workmen, as Butchers, Bakers, Victuallers, Smiths, Carpenters, Taylors, Shoomakers, Joyners, Barbers, Millers, Masons, with other Artists, such are to be rated for their returns and gaines in proportion to other men, for the produce of their estates. Provided that in the Rate by the Poll, such persons as are disabled by sick- nesse, lamenesse, or other infirmity, shall be so long exempted. And for such Servants and Children, as take not wages, their parents and Masters shall pay for them ; but such as take wages, shall pay for themselves. And it is Ordered, That all Rates assessed by this Court, be duly paid in, to the Jurisdiction Treasurer, at such time, or times, in such pay, and at such prises, as this Court shall appoint, and under [31] such II penalties for default, as shall from time to time be Ordered. And power is hereby given and granted to each Plantation within this Jurisdiction, to gather all Rates from time to time, from the severall inhabitants, as they grow due ; and for want, or delay of payment in an orderly way, to distreyn within their own limits, to prevent further inconveniences. But that the Jurisdiction suffer not by the neglect or delay of any Plantation, or Plantations herein, It is further Ordered, That at any time hereafter, upon the complaint of the Jurisdiction Treasurer, any Magistrate may send the Marshall alone, or with others to distreyn the Cattel, Corn, or any other Goods belonging to any of the Inhabitants within such Plantation, as shall be defective in the payment of Rates due, for the whole sum behind and unpaid, with addition of all penalties incurred, and due charges for the Marshall, and others imployed in seizing, and bringing away such distresse, every inhabitant in such case, having liberty to require, and recover his NEW HAVEN COLON? LAWS. 583 damage, from the Plantation, or Officers, ttere intrusted for Civil affaires, according to Justice. Provided that if any person now, or hereafter, having taken up a Lot, or Lots in any Plantation, be removed, or shall withdraw himself, and his moveable estate, or any considerable part of it, still keeping such Lot, or Lots, in his own possession, or power, without due improvement, by which means the Plantation wants his personal! service, besides other inconveniences. It is hereby Ordered, That in such case, every such person shall in all respects, pay his Rates by Lands only, as was Ordered, and done before Rating by heads, and estates, but in due proportion to a whole Rate, as then it was. And if the Plantation find no other means to recover the said Rates, they may distreyn Houses, or Lands, or both, upon a true account, that what advantage they shall make, by selling or letting the same, or any part thereof, over and above what is due for the said Rates, with just damages, and necessary charges, shall be returned to the Owner, if he demand the same, yithin three years. Ghildrens Education. [32] II Whereas too many Parents and Masters, either through an over tender respect to their own occasions, and businesse, or not duly considering the good of their Children, and Apprentices, have too much neglected duty in their Education, while they are young, and capable of learning. It is Ordered, That the Deputies for the particular Court, in each Plantation within this Jurisdiction for the time being ; or where there are no such Deputies, the Constable, or other Ofiicer, or Officers in publick trust, shall from time to time, have a vigilant eye over their brethren, and neighbours, within the hmits of the said Plan- tation, that all parents and Masters, doe duly endeavour, either by their own ability and labour, or by improving such Schoolmaster, or other helps and means, as the Plantation doth afford, or the family may conveniently provide, that all their Children, and Apprentices as they grow capable, may through Gods blessing, attain at least so much, as to be able duly to read the Scriptures, and other good and profita- ble printed Books in the Enghsh tongue, being their native language, and in some competent measure, to understand the main grounds and principles of Christian Religion necessary to salvation. And to give a due Answer to such plain and ordinary Questions, as may by the said Deputies, Officers, or others, be propounded concerning the same. And where such Deputies or Officers, whether by information or exam- ination, shall find any Parent or Master, one or more negligent, he or they shall first give warning, and if thereupon due reformation follow, if the said Parents or Masters shall thenceforth seriously and con- stantly apply themselves to their duty in manner before expressed, the former neglect may be passed by ; but if not, then the said Deputies, or other Officer or Officers, shall three months after such warning, present each such negligent person, or persons, to the next Plantation Court, where every such Delinquent upon proof, shall be fined ten shillings to the Plantation, to be levied as other fines. And if in any Plantation, there be no such Court kept for the present, in such case, the Constable or other Oficer, or Ofiicers, warning such person or per- 684 NEW HAVEN COLONY LAWS. sons, before the Freemen, or so many of them as upon notice shall [33] meet together, and proving the || neglect after warning, shall have power to levy the fine as aforesaid : But if in three months after that, there be no due care taken and continued for the Education of such Children or Apprentices as aforesaid, the Delinquent (without any further private warning) shall be proceeded against as before, but the fine doubled. And lastly, if after the said warning, and fines paid or levied, the said Deputies, Officer or Officers, shall still find a continuance of the former negligence, if it be not obstinacy, so that such Children or Servants may be in danger to grow barbarous, rude and stubborn, through ignorance, they shall give due and seasonable notice, that every such Parent and Master be summoned to the next Court; of Magistrates, who are to proceed as they find cause, either to a greater fine, taking security for due conformity to the scope and intent of this Law, or may take such Children or Apprentices from such Parents or Masters, and place them for years, Boyes till they come to the age of one and twenty, and Girles tiU they come to the age of eighteen years, with such others, who shall better educate and govern them, both for publick conveniency, a,nd for the particular good of the said children or Apprentices. Conveyances fraudulent. To prevent or avoyd the mischievous inconveniences which may grow by fraudulent conveyances, and that every man may the better know what estate or interest other men may have in any Houses, Lands, or other Hereditaments which he purposeth to deale in. It is Ordered, That no Morgage, Bargaine, Sale, Grant or Conveyance, made of any House or Houses, Lands, Rents, or other Hereditaments, within this Jurisdiction, where the granter remaines in possession, shall be hereafter in force, against any other person or persons, then the granter and his heirs, unlesse the same be acknowledged before some Court G(en.23. or Magistrate within this Jurisdiction, and Recorded as hereafter ■to 1710^ Jer 32 expressed. And that no such grant, bargain or sale already made in ab, li. way of Morgage, ^c. where the granter remauis in possession, shall be of force against any other but the granter and his heirs, except the same shall be entred (as here expressed) within one month after the [34] first publishing of this Order, if the party || concerned be within this Jurisdiction, or else withia three months after he shall return. And if any such Granter be required of the Grantee, his Heirs or Assigns, to make an acknowledgement accordingly, of any grant, sale, bargain, or morgage, by him made, and shall refuse so to doe, it shall be in the power of any Court or Magistrate, to send for the party so refusing, and upon evidence of his injuriousnesse therein, to commit 1 Thes8. him to Prison, without Baile or mainprize, untill he shall acknowledge *■ ^' the same. And the Grantee in such case is to enter his caution with the Secretary, or other Officer appointed to Record such Deeds, and this shall save his interest in the mean time. But if it be doubtfuU whether it be the deed or grant of the party, he shall be bound with Sureties to the next Coui-t of Magistrates, and the caution shall remain good as aforesaid. Lastly, It is Ordered, That in each Plantation, NEW HAVEN COLONY LAWS. 585 either the Secretary, or some other Officer, be appointed duly to enter and Record, in a Book kept for that purpose, all and every such grants, sales, bargaines, morgages of houses, Lands, Rents, and other Hered- itaments, as aforesaid, with all and every-such caution, together with the name of the Granter and Grantee, thing, and Estate granted, with the date thereof; the Grantee paying six pence to the Secretary or Officer, for each such Entry or Record. Cooper, see Oaske. Oourts for Strangers. For the ease and conveniency of Strangers, who sometimes cannot stay to attend the ordinary Coui?ts of Justice, it is Ordered, That the Governour, Deputy Governour, or any Magistrate within this Juris- diction, may call a speciall Court, and that in such cases, any three Magistrates, calling in such of the Deputies for the Plantation Court, as may be had, shall have power to hear and determine all causes civil and criminal (triable in Plantation Courts, when two Magistrates are called in) which shall arise betwixt such Strangers ; or when any such stranger or strangers, shall be a party, whether Plaintiff or Defendant, the Secretary of the place (as in other ordinary trialls) duly Recording the proceedings, all which shall be at the charge of the party, or parties, as the Court shall determine ; so that neither the [35] Jurisdiction |{ nor Plantation be charged by such Courts. Cursing, see Prophane swearing. Damages pretended, and Vexatious Suites. It is Ordered, S^c. That if any person or persons in any suit, shall falsly pretend great damages or debts, to discredit, trouble, or vex his, her, or their adversary, the Court upon discovery and proof, shall have power to set a reasonable fine upon the head of any such offendor ; and that in all cases, where it appears to the Court, that the Plaintiff hath willingly and wittingly done wrong to the Defendant, in com- mencing and prosecuting any Action, Suit, Complaint, or Indictment, in his own name, or in the name of others, he shall beside just dam- ages to the party wronged, be fined forty shillings, or any lesse sum to the Jurisdiction or Plantation Treasury, as the case may require. It is Ordered, SfC. That no mans Corn or Hey that is in the field, or upon the Cart, nor his Garden stuff, nor any thing subject to pres- ent decay, shall be taken in Distresse, or by way of Attachment, unlesse it be first duly prized, by Order of some Magistrate, or other Officer; and that he that takes it, first put in due security to satisfie the worth of it, if it come to any harm, with other damages, according to the course of Justice. Disturbers of the pullick Peace, It is Ordered, ^c. That whosoever shall disturb or undermine the N.) for with holding a debt of aummons. due upon a Bond or Bill, S^c. or for a horse 8fc. sould you by him, or for worTc, or for a Trespass done him, in his Gome, or Hay, by your Gattel, or for a defamation, or Slander, you have raised, or brought upon his name, or for striking him, or the like. And hereof you may not fail at your peril. Dated the day of the month, 1655. To the Marshal or Constable of (N.) or to his Deputy; you are required to attach (when the case requires it) the body, and goods, of ^^ Attaoii- (E: F.) and to take Bond of him, to the value of with ment. su-^cient surety, or sureties, for his appearance, at the next Court holden at (N.) on the day of the month, then and there to answer the complaint of (G: H.) for ^c. as before. And so make a true JRetume thereof under your hand. Dated the day, Sfc, Know all by these Presents, That we (E: F.) o/ (M.) Husbandman; And (L K.) of the same Plantation Carpenter, do hind ourselves, our Heires, and Mcecutors to (L: M.) Marshal, or (N: O.) Constable o/ Bona for ap- (N.) aforesaid, in pounds, upon condition, That the said pearance. (E: F.) shal personally appeare at the next Court at (N) to answer (G: H.) in an Action of And to abide the Order of the Court therein ; And not to depart without license. To the Marshal or Constable of you are required to Eeplevi two Heifers of (P: R.) rum distreyned, or impounded by (S: T:) And 616 NEW HAVEN COLONY LAWS. Replevin. Oaa of MdeUty. Governors Oath. Deputy Gov- ernor, and Magistrates. Other Offi- cers and . Witnesses. to deliver them to the said (P: R.) Provided he give Bond to the value of with sufficient surety, or sureties, to prosecute his Replevin, at the next Oourt holden at (S.) And so from Qowrt to Court, til the cause he ended; And to pay such costs, and damages as the said (S. T.) shal by law recover against him; And so make a true Return thereof, under your hand. Dated S^c. Tou (S: T.) ieing by the providence of God, an Inhabitant within Newhaven Jurisdiction, do freely, and sincerely acknowledge yourself to be subject to the Government thereof ; And do here sweare by [80] II the great and dreadful name of the everlasting God, That you wil be true, and faithful to the same ; And wil yeild due assistance there- unto, with your person, and Estate, as in equity you are bound ; and wil truly indeavour to entertain and preserve aU the liberties andpriv- iledges thereof, submitting yourself to all the just and wholsome Laws, and Orders, which already are, or hereafter shal be by lawful Authority there made, and established. And further that you will neither plot, nor practise any evil against it, nor consent to any that shal so do. But wil fully, and timely discover the same to lawful authority there setled, for the speedy preventing thereof. And that you wil as in duty you are bound, maintaine the honour of the same, and of all the lawful Magistrates thereof, promoting the publich good whilst you shal con- tinue an Inhabitant there ; And whensoever you shall be duly called as a free Burgess, according to the fundamental Order, and agreement for Government in this Jurisdiction, to give .your Vote, or suffrage touching any matter which concerneth this Gohhy ; you shall give it as in your Conscience you shall judge may conduce to the best good of the sawfie, without respect of person, or favour to, or from any man. So help you God in our Lord Jesus Christ. Whereas you (A: B.) are chosen to the place of Governor, within this Jurisdiction for the insuing year ; And til a new Governor he chosen, and sworn, you do here swear by the great 4" dreadful name of the ever living God, to maintaine (according to your best ability) all the lawful priviledges of this Common-Health ; according to the fundamental Order and agreement made for Government thereof, And that you wil carry and demean yourself for the said time of your Government, According to the Laws of God, and for advancement of his Gospel, The Laws of this Colony, And the good of the Inhabitants thereof, you shal do Justice to all without partiality, as much as in you lyeth. So help you God, Sfc. Whereas you (C: D.) are chosen to the place of Deputy Governor S^c. or you (E: F.) are chosen to the place of a Magistrate S^c. as in the Governors Oath, mutatis mutandis. Several other Oaths are to be administred to other OfBcera, as Secretary, and Treasiirer for the Jurisdiction, Deputies for particular Courts, Marshal, Consta- ble, "Witnesses, &c. But the substance of their Oaths is to ingage them to a faithful discharge of the duty of their places, and trust, according to the best of their ability, to preserve the peace of the Jurisdiction, And to give ful and true evidence, in the cases, wherein they give testimony. FINIS. INDEX. Abbott, Peter, 300. Abbott, Robert, 302. Aocorley, Accerley, Henry, 216,223, 294. Accounts of the jurisdictioii to be recorded, 218, 406. AcciODs in court, 572. Adams, George, 497, 542. Adams, Thomas, suspected to be the king, 60. Adams, Ooodmaji, 223. Adultery, laws concerning, 212, 576. "Akerly, Anne, 461. Albers, Alvers, Hans, 384, 399. Alcocke, John, 499. Aloot, Mr8.,307. Allen, Mr.,454. Allen, John, 341, 357, 424. Allerton, Isaac, 126, 127, 142, 204, 293, 417 ; settlement of his estate, 307, 354. AlUng, Boger, 91, 306, SOk 356, 401, 445, 447, 452,453,484,490; treasurer, 403, 451, 488, 543. AUyn, Mr. [Matthew,] 368, 468, 476,512 ; present atltosseter's trial, 454. AUyn, John, 475, 476, 495, 512, 516, 630, 546, 549 651. Alsopp, Joseph, 89, 286, 309, 316, 355. Ambler, Kichard, goodman, 105, 335, 381, 459. Andrewes, Samuel, 424, 550. Andrewes, WiUiam, 296, 306, 409, 416. Andrewes, William, Jr., wife divorcedfrom, 425. Archer, John, 380. Articles of confederation, 662 ; interpretation by Massachusetts of, dis- liked 4. Astwoo'd, Capt. John, 4, 15, 18, 23, 26, 29, 36, 45, 211; magistrate for Milford. 1, 91 ; agent to solicit aid against the Dutch, 37. Atherton, Major, 499. Attactunents, law of, 673. Atwater, Da-rtd, 168, 484. Atwater, Joshua, 36, 233, 307 ; treasurer, 1 ; Atwater, Mrs., 29, 33. Auger, Nicholas, 24, 108, 142, 274, 305, 379. Austin, Astine, John, 216, 294. Bache, Samuel, 502. Bacon, Henry, Nathaniel, Thomas, William, depositions concerning, 427. Baldwin, John, 72, 263, 280, 289, 384, 424, 450. Baldwin, goodwife, 83, 86. Baldwin, Timothy, 203, 486. Baldwin, Richard, 148, 178, 200, 211, 214, 221, 226, 232, 265, 276, 313, 361, 899, 449, 455, 486, 490, 551 ; ensign, 108 ; moderator of Paugasset, 157 } deputy for Milford, 429, 451, 477, 488, 500, 513, 540. Bankes, John, 77. Baxlow, goodwife, 84. Barnes, Edmund, 276. 78 Barratry, law concerning, 574. Barret, Samuel, 99. Bartlett, George, 108, 257 ; deputy for Guilford, 488, 500, 644. Bartrum, John, 263. Bassett, goodwife, executed for witchcraft, 81, 85; will of presented, 159 ; Bassett, John, 90. Bassett, Robert, 62, 108, 164 ; makes disturbance at Stamford, 47, 54 ; trial of, 58, 94. Batter, Mr., 355, 417. Baxter, Thomas, 44, 58, 66, 67 ; his boat seized, 26 ; to be captured, 48, 50 ; trial of, 75. Beacher, Hannah, 357. B.eard, John, 209, 486. Beard, Hannali, 209. Beckley, Richard, 59, 295, 341. Belding, John, 444. BeU, f rancis, 2, 69, 63, 99, 105, 176, 186, 204, 242, 293, 294, 303, 320, 348, 363, 453, 651 ; deputy for Stamford, 2, 4, 18, 47, 58, 92, 96, 119, 141, 147, 169, 172, 214, 2ffi, 235, 297, 403, 406,429,461,488,613,544; lieutenant, 145 ; constable, 304, 369. Benficld, wmiam, 134. Benham, John, 63, 294, 485; . circulates a seditious writing, 403. Benidict, Thomas, 237, 350 ; desires to join with Southold, 96. Benjamin, % 161. Bennett, Henry, 500. Benzio^r., 133. Betts, Hannah, 604. Betts, Mary, burns John Cooper's barn, 504. Betts, Thomas, 391. Biley, John, 317. Bills and specialties, law concerning, 574. Bishop, Mrs., 31, 33. Bishop, Anne, 449. Bishop, James, 276,286, 356, 400, 401,447,450, , 476, 483, 497, 601. 530, 536, 551 ; secretary, 403, 461, 488, 543,; deputy for New Hayofi, 418, 422, 429, 451, 477, 488, 600, 613, 640 ; Bishop, John, 169, 165) 244, 246, 803, 313, 364, 449, 452, 612, 639 ; trial of, 434. Black Eagle ship seized by Capt. Penny, 327. Blackman, [Adam,] 490. Blackman, James, 160. Blasphemy, law against, 676. Blayden, William, 448. Blinkensopp, Mr., 317. Blinman, Mr., 301. Boarman, William, 99. Booth, John, 285, 302, 313. Boston, 107, 268, 317, 318, 355, 411. Botsford, Heniy, 109. 618 INBEX. Boutle, Heniy, 32, 84. Boykin, Jaryis, 109, 257, 276, 293, 808, 810, 864, 355, 448. Bradfleld, Bradford, widow, 186, 223. Bradley, Daniel, 367, 360. Bradley, rrancis, 208. Bradley, William, l68, 358, 360, 447. Bradetreet, Simon, 18, 45, 499. Branford, 2, 4, 15, 18, 47, 50, 58, 92, 104, 108, 127,141,300,463; deputies chosen for, 3, 96, 148, 172. Bread, assize of, regulated, 574. Brenton, Mr.,396. Brewster, Elizabeth, 33, 81, 85. Brewster, Mary, 83, 85. ; Bristow, Bichard, 438. Brocket, John, 24, 108, 292, 409. Brookes, John, 230. Browne, Francis, 319, 345, 347, 378, 380, 401, 429, 462, 457, 497, 530. Brown, John, 200, 203, 429. Brown, Martha, 381. Brown, Peter, 293. Brown, Thomas, 881. Brandish, Bethia, 83. Brash, Thomas, 169. Bryan, Alexander, Ensign, 28, 63, 69, 76, 80, 136, 142, 155, 203, 247, 248, 285, 300, 309, 314; 341, 348, 354, 363,380, 387, 416, 417, 449,486. Bryan, Kiohard, 182, 203, 206, 226, 233, 264, 365. Buckingham, Anne, 286. Buckingham, Daniel, 444. Buckingham, Thomas, 214, 286 ; deputy for Milford, 169, 196. Buckley, Mr., 88. Budd, John, Lieutenant, 2, 97, 143, 160, 218, 350, 360, 392, 399 j deputy for Southold, 214 ; constable, 215. Budd, John, jr., 348, 350, 353. Bull, Lieutenant, 540. . Burglary and theft, how punished, 575. Burrall, Biirwell, John, 278, 390. Burrall, Samuel, 289, 390. Burrett, ThomaB, 72. Buxton, Clement, 293. Cable, - ,273. Cable, Sarah) i Cafftnoh, Samuel, 276. Camp, Bdward, 206, 211, 277, 390, 401. Camp, Nicholas;, 257, 389, 486. Candle, sale by inch of, 74, 133. Capital laws, 576. Capshaw, 161. Captains to be chosen, 361. Carman, Mrs., 89. Carter, Henry, 306. . Carwithy, Caleb, 120. Carwithy, Philip, 120. Case, Henry, 350. Cask, size of regulated, 24, 43, 96, 147, 154, Cattle restrained, 579. Chapman, John, 44, 48, 55, 66, 98, 204 ; trial of, 61. Chapman, Kobert, 391. Charges, public, law regulating, 581. ■MiJ!)harles, John, 213. - Chatfield, George, 539. Chayes, Doctor, 66. CheeTer, Mr. Ezekiel, 31. Cheever, Hannah,448. Cheston, Koger, 93. Chifflnch, Thomas, 499. Chittenden, William, 417 ; deputy for Guilford, 2, 4, 18, 86, 47, 50, 58, Church, Edward, 252. Church, Bichard, 252. Cider not to Ve retailed, 299, 362. Clarke, Captain, 317, 355, 454. Clarke, Daniel, 117, 409, 495. Clarke, George, Deacon, 386, 389, 411, 418, 424, 450, 486 i deputy fbr Milford, 544. Clarke, James, 137, 262, 306. Clarke, Mary, 137. Clarke, Thomas, 539. Clawson, Stephen, 381. Closse, Thomas, 325. Cogner, Edward, 398. College proposed to be set up, 141, 370. Commissioners of TTnited Colonies, chosen, 1, 92,111, 140, 168, 213, 231, 297, 359, 402, 451, 488, 543 ; order of, making Dutch vessels prize, 44 ; send men against Ninigret, 119 ; proceedings of to be recorded, 218; New Hayen complains to, 496. Comstock, Christopher, 83. Concklyn, John, 159, 161, 349,361. Concord, 245. Confederation, Articles of, 562 ; declared to have been broken by Massachu- setts, 37 ; Massachusetts proposes to revise articles of, 38; recall their interpretation of articles, 147. Connecticut, 3, 16, 18, 43, 60, 62, 77, 116, 119, 173, 411, 423, 443, 454, 465, 477, 488, 513, 541, 545; dissatisfied with the Massachusetts declara- tion, 4 ; unite to purchase a ship : 14, 17 ; treaty to be made with, 37, 38 ; letters written to, 37, 48, 469, 471, 473, 500, 662,555; \ letters from, 409, 468, 653 ; unite in letters to Mass., 40, 109, 117 ; send to arrest Baxter, 50, 5o ; unite against the Dutch, 108 ; desires a synod, 195 ; Gov. Newman arrested at, 309, 367 ; claims New Haven, 409 ; propositions of for union, 475, 492, 516 ; answer to propositions of, 476, 516 ; remonstrance to, 477, 479 ; ^ proposals to, concemmg terms of union, 491, 516 ; Gov. Winthrop's letter to court of, 498 ; letter of exemption from to be sought, 502 ; proceedings of council of, 612, 615, 546, 548 ; submission to, voted, 646, 551 ; committee appointed to consummate union with, 551 ; bounds of determined by royal commission- ers, 555. Cooke, EUis, 192. Cooke, Lieutenant, of Hartford, 54. Cooley, Samuel, 200, 206. Cooper, Cowper, John, 109, 171, 190, 248, 270, 276, 292, 294, 305, 310, 349, 366, 399, 40d, 401 409, 411, 416,416, 445, 453, 454,463,483, 485 proposes to remove to Delaware, 128 ; his bam burned, 504 ; deputy for New Haven, 403, 418, 422, 429, 451. Cooper, Thomas, 190, 358, 400. Corey, John, 285, 302, 313, 361. Corn viewers to be appointed, 98. Comeliusson, Laurence, 124. Cotton, Rev. John, 147. Council appointed, 3, 17, 109, 458, 472, 488 ; order for repealed, 104. Court of magistrates may sit in any plantation, 515. INDEX. 619 CoTentry, Jonathan, 139. Orabb, Bichard, 204, 216, 320, 380 ; to be seized, 176. 376 ; trial of, 242 ; Orampton, Beunis, 539. Crane, Henry, 589. Crane, Jasper, 3, 38, 157, 208, 242, 258, 274, 347, 377, 384, 388, 410, 416, 418, 422, 429, 452, 455, 468, 477, 483, 497, 500, 513, 544; fleputy for Branford, 2; 4, 18, 36, 47, 50, 58, 68, 92, 96, 100, 107, 117, 119, 127, 140, 148, 153,169,172.195,214: magistrate, 231, 297, 369, 402, 451, 488, 543 ; autograph of, 4^9. Cranfleld, Robert, 150. Creiger, Capt. Martin, 76, 338. Crittenden, Cruttenden, Abrah'm, 418, 449, 539. Crittenden, Isaac, 612, 539. Crittenden, Thomas, 435, 539. Cromwell, OliTer, 107 ; solicited for aid against the Dutch, 37 ; ^letter received from, 100 ; answered, 112 ; invites removal to Jamaica, 180. OrotOD, 461. Cullick, John, 45, 258, 371. Curwin, Mathias, 358, 400. Curwin, Theophilus, 350. Custom on wines, etc., 145, 234, 452, 591. Daniel, Edward, 485. Daniel, Mi., 307. Davenport, John, 35, 78, 90, 129, 197, 301, 364, 408,409; preaches about witches, 29 ; one of a committee to draw up a history, 217 ; resigns writings concerning Hopkins becLuest, .356,369; autograph of, 469 ; to draw up statement of grievances, 514. Davenport, John, jr., 390, 418, 424. Davenport, Mrs., 79, 306, 422, 455, 467, 470. Davis, Martha, 448. Davis, Wmiam, 129,286, 307, 356. Dayton, Balph, 159. Delaware Bay, 31 ; letter sent to Swedes at, 112 ; propositions for settlement of, 128-131 ; patent for to be obtained, 516 ; letter to Col. Nicolls about, 552. Denison, Daniel, 499. Denison, Robert, 264. Deny, Robert, 225. Deputies, proposed to have them under oath, 96; to be maintained by the several towns, 145. De SiUe, Nicaaius, 3.38. DeVoz, Matthew, 336. Dic^rman, Abraliam, 505. Disbrow, Peter, 255, 411. Divorce, law of, 478, 586. Dormer, Edward, 277. Dowlittle, Abraham, 226, 292, 401, 465, 486 ; marshall, 451. 488, 543. Downe, John, 249. Downes, Edmund, 246. Dowries, law of, 303. 586. Dudley, William, 257, 286, 449. Dunfe, Thomas, 275, 306. Dutch, 65 ; war against, 4, 107 ; peace with, 109 ; trade prohibited with, 25, 112 ; application to England for aid against, o7, 100. BMt,\imLi, Seijeant, 90, 183, 200, 206, 226, 2ffi, 271, 311, 355. Easton, Henry, 121, 150. Eaton, TheophUus, 4, 18, 26, 29, 36, 45, 47, 60, 68, 68, 100, 106, 107, 117, 119, 121, 124, 127, 132, 184, 160, 163, 158, 182, 186, 189, 195, 198, 228 226 • '''''''' governor, 1, 91, 140, 168, 218; commissioner, 1, HI, 140, 168, 213 ; to revise laws, 146, 154 ; letter of to. Massachusetts, 196 ; tomb for erected at public expence, 233, 408 ; will presented, ,258; funeral at public charge, 405. Eaton, Mrs. Anne, 284, 257. Eaton, Samuel, 100, 107, 117, 119, 121, 124, 127, 129, 132, 134, 143, 188 ; magistrate, 91, 140. Ecclesiastical matters, laws concerning, 587. Education, laws concerning,. 376, 683 ; proposed to set up college, 141, 370 j schools, 219 ; grammar school, 801, 374, 468, 471 ; Mr. Hopkins' bequest for, 356. Edwards, William, 304. Eland, Sarah, 150. Eloot, AnthoHy, IdS, 199. Election courts, 1, 91, 140, 168, 218, 231, 297, 359,402,461,488, 548. Election dinner to be provided, 52. Election sermon, Mr. Prudden desired to preach, 66. EUitt, William, 58, 64, 134, 181. Elsy, Nicholas, 48. Emry, goodwife, 128. Bndicott, John, 18, 511. England, John, 186. Estates, distribution of, 304, 613. Evance, Mr. John, 132, 307, 387, 416. Fairfield, 44, 60, 52, 72, 75, 77, 122, 229, 277, 315, 839 ; votes to go against the Dutch, 47 ; witch executed at, 78. Pairs at New Haven discontinued, 147. Past days appointed, 109, 120, 132, 154, 194, 466, 503, 542. Pameden, Euoy, 497. Peake, Robert, 144. Pellowes, Richard, 358. Penn, Benjamin, 8, 28, 38, 72, 100, 107, 117, 119, 121, 124, 127, 132, 134, 160, 153, 158, 179, 187, 189, 195, 198, 200, 206, 211, 223, 226, 242, 256, 258, 263, 270, 280, 290, 886, 418, 422, 426, 429, 4«, 450, -452, 455, 458, 466, 477, 488, 495, 600 616 644 ' deputy for Milford, 2, 4, 18, 86, 47, 80, 68, 68 ; commissioner, 402, 451, 488 : magistrate, 91, 140, 168, 213, 231, 297, 402, 451, 488, 543 ; autograph of^ 469. Perman, Mrs. Sarah, 209, 265. Perris, Jeffrey, 169. Ferris, John, 223, 293. Perris, Joseph, 216. Ferris, Peter, 216. Field, Mr., 543. Finch, , 67. Pinch, Goodwife, 487. PinchJ Isaac, 325. Pinch, John, 76, 76. Fire, penalty for wilfully causing. 175,589. Pis, Jacob, 337, 338. Fish, John, 160. Fitch, James, present at meeting in Guilford, • 281; Fitch, Joseph, 468. Fletcher, John, 206, 286, 427, 449, 486 ; deputy for Milford, 297, 403, 418, 422. Fletcher, Mary, 427. Flushing, 161, 411. Ford, Timothy, 260, 486. 620 INDEX. Fordj Thomas, 486. Fornication; 1iot7 punislied, 590. Fowler, John, 236, 257, 300, 4l8, 449, 452, 651 : deputy for Qtiilford, 403, 422, 513, 540. ' - Fowler, WiUiam, 2, 36, 47, 50, 53, 68, 72, 77, 84, 132, 134, 200, 226, 230, 390, 449 J magistrate, 1 ; deputy for Milford, 213. Freeman, Stephen, 226. French. Francis, 211. Frost, Mr., 159. Frost, Abraham, 53, 204, 216, 324, 379. Frost, John, 466 ; Ijurns Mr. GibDard's barn, 169. Fundamental agreement for goyemment, 567 ; to be enforced, 177, 403. Gabry, TimotheuB, 337, 338. Gaming forbidden, 155, 590. Garret, Mr., 176, 186. Garrett, RennicK, 398. Gibbard, William, 3, 281, 328, 357, 359, 440 ; deputy for New Hayen, 2, 4, 18, 36, 47, 50, 68, 68, 100, 107, 117, 119, 127, 153, 169, 195, 213, 281; his house buxned, 169; secretary, 231, 297, 359 ; magistrate, 402, 451 ; will presented, 484. Gibbins, William, 309; 485, Gibbs, John, 277, 307. . Gilbert. Matthew, 90, 203, 242, 250, 258, 286, 307, 325, 349, 377, 384, 389, 390, 419, 424, 441, 448,477,484,516; magistrate, 231, 297, 859, 543 ; deputy governor, 402, 451, 488 ; autograph of, 469. Ginne, John,-605. Glover, Charles, 291, 351, 359, 360, 392, 399, 400, 411, 413 ; lieutenant, 407. Glover, Elinor, 356, 448, 484. Glover, Henry, 90, 213, 357, 448, 484. Godman, Elizabeth, 806, 498 ; suspected of witchcraft, 29, 151. Golfe and Whalley, 387, 415, 419, 437, 451. Gold, Nathan, 339. Goodenhouflc, Samuel, 133, 194, 255, 341, 387, 416. Goodwin, William, 371. Goodyeare, Stephen, 2,-3, 4, 18, 23, 26, 28, 29, 36, 43, 47, 48, 50, 58, 61, 68, 77, 91, 99, lOO, 111, 119, 121, 124, 127, 132, 152, 158, 165 182, 186, 195, 204, 220, 231, 254, 258, 287, 357, 379 ; deputy gdvernor, 1,-81, 140, 168, 213 ; sixers from witchcraft, 30 ; proposes to go to Delaware, 131 ; freed from rates, 181 ; settlement of his estate, 268, 274, 285, 304, 416; .>>..> Goodyeare, Mrs. Margaret, 269, 285, 292, 305, 417. Gookin, Capt.,180, 293, 309. Gould, goodwife, 80, 83, 87. Governor, salary of, 15, 99, 181, 221, 236, 304, 364,405,472,490,504; freed from rates, 99. Graden, John, 135. Grammar school to be set up, 301, 374, 458 ; Mr; Peeii, master, 377, 407 ; laid down, 471. Grave, John, 639. Grave, WilUiuu, ,275. Gravesend, 73. Gray, Robert, 286. - Greene, John, 318. Greenwich, 50, 136, 242, 323, 376, 411, 452 ; Stamford complains of, 144 ; tosubmit, 146, 176; refuses submission, 186 ; Greenwich, submission of, 216 ; to send in hsts, 235 ; rates remitted, 302 ; accepted under Connecticut, 466. Gregson, Thomas, 519. Griggs, John, 3, 35, 336. Grove, Philip, 121, 151. Guardus, Robert, 426. Guernsey, Joseph, 123, 348, 487. Guilford, 2, 4, 18, 25, 36, 47, 50, 58, 92, 104, 108, 127, 128, 141, 173, 236, 253, 257, 377, 501 ; troopers raised from, 173 ; offer Mr. Whitfield's house for grammar school, 301 ; ■ disorders at, 403, 429, 513, 627 ; portion of inhabitants of, submit to Connec- ticut, 466; John Meigs, constable for Connecticut at, 483. Gunn, Jasper, 390, 424 ; , deputy for Milford, 477. Haines, Hindes, James, 158. Flakins, Joseph, 289. Hall, Francis, 137.' Hall, Isaac, 230. Hardy, Richard, 321. Harriman, John, 17, 23^ 46, 91, 306, 368, 472, Harrison, Richard, 186, 208, 294. Harrison, Thomas, 199, 294. Hartford, 54, 75, 109, 119, 129, 144, 262, 300, 304,871,379,447,496; troubles in church at. 194. Hashamammock, 219, 234, 299, 350. Hawes, Bethia, 263, 289. Hawley, Mr., 211. Hawthorne, WUham, IS, 45; Haynes, John, 37, Hayward, James,'307, Hompsted, 11, 90. Herbert, John, 66, 143, 158, 358 ; declines oath of fidelity, 51. Herd, John, 418. Herdman, John, 271, 313, 348, 415, 440. Heresy, law concerning, 590. Hickcocks, Mr.,269, 274, 306. Hide, Humphrey, 339. Higby, Edward, 121, 139, 149. Higginson, John, 217. HiU, John, 539. Hiude, Elizabeth, 209, 265 ; Hinde, Thomas, 209. History, committee appointed to draw up, 217- Hitchcock, Edward, 294; Hitehcock, Mary, 230. Hobby, John, 325. Hodgskin, Samuel, 446. Holly, Mr., 151. Holly, John, 236, 298, 300, 452, 486 ; deputy for Stamford, 96, 147,477. Homonossock, 450. Uooke, WiUlam, 29, 90, 129,152, 197, 306. Hooke, Mrs., 31, 35, 129. Hooke, Jane, 31, 36. Hooker, Samuel, 466. Hopewell, Thomas, 208. Hopkms, Edward, 164, 186, 310 ; writings concerning his bequest, 356, 369. Hopkins, Samuel, 126. Hopper, Daniel, 54, 248. Horses to be kept for public use, 2, 108, 173 : repealed, 23, 112 i ' i i > not to be sent out of the jurisdiction, 3 ; to be branded, 234, 590. Horton, Barnabas, 143, 159, 219, 292, 300, 358, 398,400 ; deputy for Southold, 92, 100, 169, 232, 298, constable, 95, 172, 236, 304. INDEX. 621 Hdcton, Joseph, 291. Horton, Biohivra, 319. House, Bdwara, 318, 347, 3V8. Howe, Nathaniel, 430, SOS. Howe, Zachariah, SOS. -Howe, Jeremiah, 23S. HoweU, John, 192. Hubball, Biohard, 171 ; tried for sedition, 433. Hubbard, George, 157, 253, 257, 410, 422 : deputy fbr (Juilford, 127, 141, 153, 214, 232, 297, 418, 429, 451. Hubbard, William, 323. Hudson, John, 162, 173, 196, 210, 265, 341, 368, 387, 416, 454. Hudson, William, 499, Hughes, Joshuaj 122. Hughes, Biohaird, 286, 306. Hull, Bdward, seizes Baxter's boat, 26. Hull, Cornelius, 83. Hull, Eebecca, 83. Hun, Kiohard, 484. Hunt, Thomas, 164. Huntington, town of, 247, 398 ; desires to join the colony, 236, 299. Husted, Hustis, AngeU, 216, 294, 326. Husted, EUzabeth, 204. Hutchinson, Edward, 499. Huxley, Thomas, 448. Hyatt, Thomas, 487. Hylend, George, 639. Idleness, law for prevention of, 366. idolatry punished with death, 576. Incest punished capitally, 593. Indians, laws concerning, 67, 693 ; report of conspiracy among, 117 5 hquors not to be sold to, 195, 219, 299 ; horses and boats notsold to, 217 ; dogs not to be sold to, 362. ICnhabitants unacceptable, how disposed of, 217, 610. Innkeepers, law regulating, 595. Iron-work, orders encouraging, 149, 153, 173, 175, 454. Jackson, Henry ,^^9- ■Jacobson, Capt. Seymour, 91. Jagger, lUizabeth, 75. Jaeger, Jeremiah, 56, 61, 106, 141, 189, 204, 216,293; tried for sedition, 62. Jamaica, colony invited to remove to, 180. JefferdjJohn, 497, 542. Jeffrey, Thomas, 129, 306, 309, 355, 446. Jeffs, ,318,379. Jessup, Edward, 204, 319. Johnson, Derrick, 336,338. Johnson, Richard, 424, 444. Johnson, Robert, 447. Johnson, Thoma«, 152, 260, 498. Jones, Mr., 83, 88. Jones, Mrs._, 81, 85. Jones, Benjamin, 391. Jones, Cornelius, 381, 383,487. .Tones, John, 257. Jones William, 455, 458, 476, 477, 484, 491, 497, 500, 504, 513, 516, 622, 540, 546, 552 ; magistrate, 451, 488 ; autograph of, 469 ; commissioner to Hartford, 542 ; deputy governor, 543. Jordan, Elizabeth, 449. Jordan, Thomas, 23 ; depuly for Guilford, 2, 4, 18, 36, 47, 60, 58, 68 j 100, 117, 119; commissioner to Massachusetts, 5, 101. Judson, WUUam, 137, 154, 292,306, 483. Bjmberly, Abraham, 58. Kimberly, Nathaniel, 150. Kimborly, Thomas, 140, 345, 357, 425, 454 ; marshall, 1, 91, 140, 168, 213, 231, 297, 359, 402. \King, Thomas Adams suspected to be the, 60 ; court considers application to the, 418 ; proclaimed, 423 ; letter of the, 499. Eingsnoth, Henry, 267. KitcheU, Robert, 286, 307, 449, 463 ; deputy for Guilford, 196, 403, 418, 422, 429, 451, 477, 488, 500. Eitchell, Samuel, 436, 438, 443,453; Knapp, goodwife, 123; executed at Pairfieldfor witchcraft, 78. Knapp, Joshua, 822. Knight, John, 137. Lake, Mr., 307, 355. Lamberton, DeUverance, 269, 288. Lamberton, Elizabeth, 29, 34, 269. Lamberton, George, 259, 269. Lamberton, Hannah, 29, 34, 269. Lamberton, Hope, Meroy, Desire, Obedience, 269. Lamson, gOodman, 31. Langden, Thomas, 179, 209. Langden, Isabeh, 209. Larrabe, [Greeufleld,] 204. Larremore, George, 306. Larremore, goodwife, 29. Lattimor, , 296. Law, Jonathan, 164. Law, Richard; 105, 145, 176, 185, 204, 293, 322, 836, 351, 363; 381, 459, 467, 471, 486 ; deputy for Stamford, 2, 4, 18, 47, 50, 58, 68, 92, 96, 119, 141, 147, 169, 214, 232, 235, 297, 403, 405, 418, 429, 451, 477, 489, 500, 513, 644 ; constable, 2, 369; , charged with raal-adininistration, 162 ; submits to Connecticut, 550. Laws, ordered to be printed, 146, 154, 186. Law book, additions and alterations of, 198, 216, 219, 232, 360, 366, 404, 439, 452. Laws without penalty, provision respecting, Lawdji, John, 165. Lawrisson, Lawrence, 337, 338. Leather not to be carried out of the colony, 472, 489; law regulating tanning of, 597. >' Leeke, Philip, 417. Leete, William, 2, 3, 4, 14, 18, 23, 29, 36, 38; 47, 50, 66, 68, 77, 92, 111. 117, 119, 121, 124, l27, 132, 143, 161, 153, 182, 187, 189, 195, 198, 201, 226, 242, 258, 286, 310, 389, 417, 422, 449, 466 477,492,496,613,536,546; magistrate, 1, 91, 140, 168, 213 ; commissioner to Massachusetts, 6, 101 ; letter received from, 107 ; commissioner for united colonies, 140, 168, 213,231,297,359,402,451,488; deputy governor, 231, 297, 369 ; governor, 402, 450, 488, 643 ; addresses the freemen, 460, 470 ; autograph of. 469 ; letter of to M.assachusetts, 640. Leverich, William, 89, 122, 135 ; desires that Oyster Bay may be admitted, 98, 144; desires that Huntington may be received into the colony, 237. Leverett, Capt., 100, 107, 420, 423. Lewis, William, 54. Linden, Uenry, 158, 269, 286, 307, 356, 400 ; deputy for JSew Uaven, 2, 4, 18, 36, 47, 60, 68, 68, 92. 101, 107, 117, 119, 127, 297, 360. Ling, Benjamin, 122, 199, 287, 293, 309. Linn, 497,542. Little, John, 856. 622 INDEX, liOokwood, : , 273/ Lookwooa; goodwile, 81, 85. LookwoocJ, Jonathan, 822, 340, 382. Lockwood, Joseph, 346. Lockwood, Deborah, 83. Lookwood, Robert, 82. Lockwood, Susan, 82. lioper. Jacobus, 384, 399, 440. Lord, KJohard, 440, 448. Lord, Mr., 309, 355. Luddington, William, 485.. Ludlow, Kogcr, 45, 58, 122 ; letter received from, 47 ; going to Virginia, 69 ; suspects goodirife Staples of witchcraft, 77. Lum, John, 398. Xying, law against, 698. Lynes, Ralph, 262, 390. Lyon, Richard, 84, 87. Lyon, Thomas, 85, 87. Magistrates, nomination of regulated, 439, 479 ; not to sit when* related to parties, 599. Mannatoes, 69, 125, 337, 341. Manning, Oapt. Joitn, vessel of seized, 68. Mansfield, Richard, 158. Mapos, Thomas, 291, 353. Marriage, law regulating, 599. MarshaU, Mr., 309. Marshall, Richard, 265. Marshall, Thomas, 243. Martin, Capt. Robert. 180. 355. Mason, Major John,'108, 118, 220, 478, 498. Massachusetts, 122, 147, 173, 310, 327 ; interpretation by, of confederation, disliked, letters to, 5, 40, 114,, 196, 420, 540 ; letters from, 18, 19, 20, 38, 111, 114 ; declared to have broken the confederation, 36,101; propose to revise articles of confederation, 38 ; appoint a synod, 195 .; letters- from relating to Goffe and Whalley, 387,419. Mathews, Thomas, 314. Maverick, Mr., 309. Mayoe, Samuel,, 72, 75, 136 ; * his vessel seized by Ba2:ter, 48, 52. Mead, John, 162, 218, 229,469; Mead, Joseph, 123, 168, 205, 229, 319, 322, 379, 381. Mead, William, 218. Meaker, WiUiam, 59, 224, 262 Meigs, John, 170, 250, 450, 539 ; constable, for Connecticut, at Guilford, 483. Meigs, Marie, 191. Meigs, Vincent, 450. Merriman, Nathaniel, 409. Middleborough, 11. Miles, Richard, Deacon, 90, 91, 158, 180, 202, 258, 293, 308, 354, 400, 483. Miles, Richard, jr., 426. Milford, 2, 4, 18, 26, 36, 47, 48, 50, 53. 58, 66, 68, 84, 90, 99, 104, 108, 119, 121, 125, 127, 132, 148, 156, 158, 181, 203, 209, 220, 232, 453; takes Capt." Manning's vessel, 69 ; offers £100 for the college, 142 ; troopers raised from, 173 ; object against settlement of Faugasset, 178 ; action of, against Henry Tomliuson, 182 ; house burnt at, 384, 389 ; order to search for regicides at, 388 ; troubles in church at, 542 j submits to Qonnecticut, 5o0. Military provisions, 17^ 601. Mills, James, 204, 248, 379, 392, 411. Mills, Richard, 75, 121, 166, 204, 825, 348, 351, 487. , Mills, Samuel, 487. Minor, Mr., 458. Mitchell, Mr., 326. MitcheU, Thomas, 308, 357. Moody, Sir Henryj 73. Moore, Thomas, 52, 66, 159, 358, 393, 406 ; declines, oath of fidelity, 51 j deputy for Southold,a32 ; constable, 236." Moore, Thomas, jr., 285,-302, 313, 351. More, Nathaniel, 397. Morris, Capt., 355. Morris, Thomas, 317. Mosse, John, 91 ; deputy for New Haven, 644. Moulthrop, Matthew, 257, 270, 294, 349, 464, 485. MuUeuer, Thomas, 224,,354, 258, 292, 307. Munson, Thomas, 91, 108ri89, 257, 286, 483, 484; ■ ) proposes to remove to Delaware, 128 ; deputy for New HAveh, 488, 544. Murwin, , 252. Mygatt, Joseph, 307. Nash, Timothy, 286: Nash, Thomas, 286. Nash. John, Lieutenant, 91, 140, 226, 257, 259, 276, 286, 400, 410, 416,- «6, 449, 484, 536; chief military oflicer for New Haven, 52 ; deputy for New Haven, 297, 360, 403, 477, 500,513,540; magistrate, 543. Neale, Edward, 230. Netleton, Martha, 201. Nevius, Johannes, 338. New Amsterdsjn, extract from rebordS of, 337. New Haven, 2, 4, 15, 18, 36, 47, 48, 50, 58, 61, 91, 104, 119, 127, 156, 181, 388, 471 ; to provide horses, 103 ;. , college proposed at, 141 ; vote to maintain their own deputies, 145 ; fairs at discontinued, 147 ; men sent from taj)roteet Ladians, 171 ; troopers raised ffoiu, 173 ; granimar school settled at, 370. New Haven case stated, 517 ; answer to, 530. New London, 896. Newman, Francis, 2, 3, 4, 18, 26, 29, 47, 48, 50, 58, 61, 66, 77, 100, IW, llT, 119, 121, 124, 127 129, 132, 150, 153, 154, 158, 182, 187, 189, 195 198,201,226,242,268,346: magistrate, 1, 91, 140, 168, 213 ; secretary, 1, 91, 140, 168, 2l3 ; . commissiouer for united- colomeS", 111, 168, 213,231; governor, 231, 297, 359 ; arrested at Connecticut, 309, 367 ; illness of referred to, 378, 384; will of presented, 400 ; charges of fiineral borne by public, 405. Newman, Thomas, 486. Newman, William, 56, 61, 106, 204, 255, 301, 380 ; ; tried for sedition, 64. Newton, Roger, autograph of, 469. Nichols, Mr., 275, 306. " ^ Nichols, Adam, 448. Nicholson, Henry, 216. Ninigret, 113, 116, 117, 153 ; men sent against, 119. Northampton, 190, 393. Northrop, Joseph, 486. Norton, Humphrey, proceedings against, 232 Norton, John, 186, 422. . Norwalk, 61, 245,- 339, 381, 461 ; land in controversy "with Stamford, 99, 104 Notusj Martin, 73. ' Oath of fidelity, 616; some decline taking, 51, 285, 302, 313 ; INDEX. 623 Oath of fidelity, to be taken by all males of six- teen and iipwaxd, 67 ; explained,^- OdeU, John, B4. Odell, goodwife, 82. Ogden, John, 89, 191, 855, 894. OUver, William, 242, 822. Osbome, Mr., 415, 416. Osborne, Jeremiah, 208, 230, 811, 401. Osbome, William, 485. Osman, Thomas, 349. Overin, John, 401. Oyster Bay, 89, 203, 835 ; Mr. Leyeridge desires it may be admitted into the colony, 98, 144. Packers to be chosen, 24. Pame, John, 407, 466. Paine, Mercy, 467. Paine, William, 275, 306, 466. Paine, Peter, and Elizabeth, 858. Palmer, Jolin, 416. Pahner, William, 296. Palmes, Edward, 341. Parker, Edward, 54, 415, 416, 484. Pairliament, order of referred to, 55. ParmerJy, John, 856. Patrick, Capt., 144. Patterson, Edward, 59. Paugasset, 77, 148, 232, 376, 410, 478, 490; propositions for settlement of, 156, 221, 361 ; Milford objects against, 178 ; bounds of, 222 ; to be deserted xmless settled, 298 ; to send in lists, 303. Peace, distnrbers of; how punished, 198, 585. Peakin, John, 143, 257; licensed to sell liquors, 97 ; deputy for Southold, 92, 100 ; constable, 95. Peck, Henry, 91. Peck, Jeremiah, 472 ; appointed schoolmaster, 377 ; propositions of concerning school. 407. Peck, Joseph, 264. Peck, WiUiam, Deacon, 341, 356, 400, 425, 447, Pe&son, Abraham, 108, 301, 849, 377, 408, 455, 464; one of committee to draw up history, 217 ; action of against John Cooper, 270, 294 ; desired to go to Stamford, 364 ; autograph of, 469. Peirson, Henry, 190. Peirson, Stephen, 225. Pell, luoy, 81, 85. Pell, Thomas, 81, 272, 277, 315, 339, 439. Penington, Ephraim, 401. Penington, Widow, 423, 443. Penny, Capt. John, 351, 359, 380. 387 ; seizes Mr. Baymond's vessel, 327. Penoyer, Poyncre, Robert, 326, 380, 383. Pepper, William, 410. Perkins, Edward, 306, 309. Peterson, Hanc, 216. Petty, Edward, 285, 302, 313, 361. Pigg, Robert, 401. Planters,,how admitted, 98, 217, 610. Piatt, Emhard, 158, 203. Plnm, Robert, 158. Plum, Samuel, 186, 818, 347, 378, 423, 443. Plum, widow. 179, 214. Plymouth, 38, 75, 116, 194, 217 ; letters sent to, 109, 117, 500. 541 ; vessel belonging to, seized, ^. PoUett, Lawrence, 73, 74. Ponaa, 459. Post, , 273. Potter, Joseph, 466. Potter, William, 158, 262 ; Potter, William, freed from watching, 180 ; trial of, 440"; - - his will presented, 466, 484. Prence, Thomas, 45. Preston, Edward, 268, 307, 341, 345. Pi'eston, Hannah, 265. Preston, Joseph, 264. Prime, .JameB, 264. ' Prison to be repaired, 284. Prudden, Peter, 137, 178, 197 ; to preach election sermon, 66 ; will presented, 203. Prudden, Mrs. Joanna, 203, 390, 424. Public charges, law regulaungj^O, 366, 581. Purdy, gooawife,-San . ,XS> Purrier, William, 161, 353, SSS; deputy for Southold, 4, 169, 403 ; constable, 172. Pyamikee, 104, 107. Quakers, 864, 412 : laws against, 217, 238, 363 ; proceedings against Humphrey Norton ap- proved, 233 ; trial of Richard Crabb, 238 ; of Edmund Barnes, 276; of Arthur Smith, 291. Rabbins, John, 251. Rates ordered, 15, 45, 46, 104, 149, 181,220, 238, 304, 376, 410, 457, 478, 489, 502, 542, 552 ; measures taken for collection of, 502. Rawlings, Alice, 394. Rawlings, Roger, 396. Rawson, Edward, 19, 40, 114, 195, 818, 378, 419. Raymond, Lemuel, 347. Raymond, Joshua, 351. Raymond, Richard, 347, 351, 417 ; his vessel seized, 327. Raynor, Thurston, 192. ReanoldS, Jonathan, 216, 323. Rebellion, law against, 677. Records of births, marriages and deaths to be kept, 607. Reeves, goodman, 853. Regicides, 415, 437, 451 ; letter for their apprehension, 387, 419. Rhode Island, 13, 199, ,355, 499 ; calls in Baxter's commission, 52, 77. Richalls, Sigismund, 274, 313, 348. Richards, James, 516. Richards, Samuel, 137, 485. Richards, Thomas, 137. Richardson, John, 122, 162, 218, 229. Richardson, Martha, 122. Rider, John, 299. Rider, Thomas, 285, 302, 313, 350, 351. Roawayton, 104. Roberts, John, 198, 287. Roberts, William, 440. Robinson, Walter, trial of, 132, Rogers, James, 23, 142, 200, 206, 229, 303. Ronkenhegue, 105. Ross, John, 123. Rossiter, Bray, Bryan, 440, 512, 527, 580; denies authority of the colony, 429, 454 ; his acknowledgment, 456; goes to Oonneoticttt with the New Haven JJeclaration, 513 ; petitions Connecticut, 537, 539. Rossiter, John, 429, 440, 512 ; tried for sedition, 436, 454| acknowledgment of, 456. Rotherfbrd, Henry, 202, 317, 411. Row, Mathew, 485. Roxbury, 122. Rudd, Jonathan, 252. Rugg, Robert, 204. Russell, William, 267, 357, 486. m iiJdbx. Sabbath broaking, bo-w punished, 606. Sagatuok, 106. Salaries granted, 15, 99,181, 221, 236, 304, 364, 405,472,490,504. Salem, 62,97, 327, 356, 359,417. Sandford, Thomas, 183, 389. Sargant, John, 186. Saybrook, 252, 275, 355, 410. Scarbrough, [Edmund,] 58. Schools, law concerning, 219, 301, 583 ; colony, laid down, 471, see Education. Scofleld, Daniel, 320, 486. Scott, John, 89, 92, 497, 510, 515, 540, 550 ; to obtain, patent for Delaware, 616. Scott, Philip, 277, 346. Scott, Thomas, 164. Scranton, John,'deputy for Guilford, 513. Seal procured for the colony, 147, 186. Seatauket, 848, 400. Sedgwick, Major Robert, 100, 107, 180. Seely, Robert, 66, 89 ; captain against the Dutch, lOS ; sent to Long Island, 118 ; against Ninigret, 120; petitions for pay, 128 ; Seely, Nathaniel, 317. Seely, widow, 848. Scryants not to be sold out of the colony, 177. Shawe, Edmund, 193. Sheafe, Mrs., 307, 309, 315, 355, 449. Sheather, John, 539 ; tried for sedition, 439. Shelter Island, 89, 190, 364. Sherman, Samuel, 549. Sherrington, Thomas, 83, 86. Sherwood, goodwife, 79, 84, 87. Ship Susan, 887, 417. Shoes, complaint of prices of, -215; to be made of standard- sizes, 301, 361 ; to be made/of good leather, 597. SilTester, Giles, 90, 190. -' Silrester, Capt. Nathaniel, 89,92, 122, 190, 364, 380,412. Simkins, Daniel, 325. Simkins, Vincent, 159. Single persona not to live by themselyes, 608. Bkidmore, Richard, 348. Slawson, George, 76, 105, 168, 243, 319, 336 ; deputy for Stamford, 215, 500 ; marshal! for Stamford, 304. Smith, Arthur, trial of, 291. Smith, George, 224, 260, 262, 485. Smith, Kiohard, 348, 400, 499. Smith, Thomas, 539. Smith, William, 237. Solman, William, 350, 863. Southampton, 121, 190. Southold, 4, 15, 67, 92, 96, 97, 98, 103, 104,118, 120, 149, 159, 169, 173, 214, 218,291, 299 360 360,392,411,452,488; deputies appointed for, 2 ; constable appointed for, 96, 172, 215, 236, 304 ; complaint of wrong done to Indians at, 16 ; sundry at, refuse oath of fldcUty, 51, 285, 802,313; disorders at, 17, 51, 93, 434 ; magistrates sent to, 66, 143 ; mihtary officers chosen for, 97 ; proposal to set up steel works at, 153 ; marshal to be chosen for, 215 ; desires to repurchase Mattatock, 233, 302 ; Quakers disturb, 233 ; ■ commissioners for, 406, 456 ; court send orders to, 456 }- accepted under goyermnent of Connecticut, 466. Spencer, Hannah, 134, 164. Spenning, Spinage, Humphrey, 128, 202, 806, 411. Spcrry, Richard, 262. Squire, tBodwite, 84. - ^ .4 Stamford, 43, 48, 60, 53, 68, 68, 75, 92, 104, 119, 122, 12^, lk, iil'-ui 149, 159, l63, 176, 189, 204 242 256, 293, 297, 300, 326, 351, 381, 366, 452, 465, 471, 478, 483, 601, 550 : constable chosen for, 2, 304, 369 ;. deputies chosen for, 96, l47, 172, 214, 235, 405,452,489; reauest pay for their soldiers, 16 ; disorders at, 23, 47, 48, 55, 59, 95, 17T, 215, 303,313,434,478; magistrates sent to, 4^ 363, 452, 467 ; ntarshall chosen for, 215, 304 ; land in controyersy B'etwceft Norwalk and, 99,104; complains of Greenwich, 144; troopers raised from, 173 ; propositions of, 452,; John Whitmore murdered at; ^8^; . accepted under Conneciacat, 46'6. Stanton, Mr., 106. Stanton, Thomas, 119. Staples, Thomas, 288, 306 ; Mr. Ludlow slanders wife of, 77, 122. SteedweU, Thomas, 216. Steele, Samuel, 379, 449. Stendam, Mr., 416. Stephens, Stevens, John, 639. Stephens, Simon, 397. Stephens, Thomas, 109, 431, 539. Stephens, William, 434, 539. SterUng, Lord, 300. Stiles' Judges, error in, corrected, 438. Stillwell, Jasper, 257. Stocke, goodwife, 123. Stokey, goodman, 380. StoUon, Mr., Mrs., 306. Stone, Samuel, 466, 468. Stone, WUliam, 286, 418, 438, 449. Story, John, 411. Strang, John, 318. Stratford, 121, 149, 150, 256, 309, 340, 367, 418, 490; witch executed at, 81, 85. Strays, law concemmg, 156, 236, 609. Street, Nicholas, 377, 408, 465, 514, 522. autograph of, 469. Swaine, Samuel, deputy for Branford, 2, 4, 18, 36, 47, 60, 58, 68, 96. 141, 148, 153, 169, 172, 195, 214, 215, 232, 298, 403, 418, 422, 429, 461, 477,500,513; chief military officer at Branford, 52. Swasey, John, 285, 302, 313, 351. Swearing, prophane, how punished, 696. Synod, Massa«husette appoints, 195. Talcott, Mr., 368. Talcott, John, 448, 496. Taphanse suspected of murdering John Whit- more, 458, 478. Tapp, Edmund, 90. Tapp, Mrs., 290, 386. Tapping, James, 389. Taquatoes, 459. Taylor, Gregory, 135, 141, 487. Taynter, Charles, 120. TerriU, Roger, 202. Terry, goodman, 363. Thanksgiving days appointed, 154, 194, 270, ^ 327, 383, 425, 465, 502. Theale. ,67. Thell,Nioholaa, 298. Thomas, John, 199. Thorpe, goodwife, 29, 35, 152. Tibballs, Serjeant, 108. . . Tiohenor, goodwife, 36. Ting, Mr., 307. Tinker, John, 896. Tobacco, not to be taken in streets, 148 Tod, Grace, 543. INDEX. 626 Todd, Ohriatopher, 251, 275, 306, 416, 147. Todd, John, 480. Tompkins, Michael, 158, 280, 449. Tompson, Anthony, 139. '^ogPsoi, John, 80, 84, 128, 158, 198, 248, 315, Tompson, William, 401. Tomlinson, Henry, 230 ; charged with disturbing Milford, 182 ; fined, 185 ; sentence respited, 207 ; action against for forfeitures, 255, 284 ; causes governor Newman's arrest at Connec- ticut, 309, 367. Tooley, Edmund, 295, 390, 464. Towns to proTide for then; magistrate and dep- _uties, 49. Town meetings, persona not to depart from without leave, 172. Treate, Kobert, 72. 75, 179, 203, 238, 377, 384, 389, 425, 429, 440, 449, 455, 458, 477, 483, 497 500,504,516,536,540,551; ' ' ' ' deputy for Milford, 2, 4, 18, 36, 47,'60, 58, 68, 92, 100, 107, 117, 119, 127, 141, 153,' 169, 231 lieutenant for Milford, 99 ; freed from watching, 177 : magistrate, 297, 369, 402, 461, 543 ; captain for Milford, 410 ; autograph of, 469 ; commissioner to Hartford, 542. TredwBll, Edward, 350. Troopers, to be raised, 173, 218, 365, 503;; to train four times a year, 302 ; order concerning repealed, 489, 650. Trowbridge, William, 269, 307, 34l, 508. ■Jrye, [Michael,] 83. Tuckeej George, 67, 351. Tucker, John, proposes to make steel, 153, 353. Turry, Thomas, 452, 466, 478. Turner, , 163. Turner, Edward, 265, 268. Turner, Lawrence. 216. Turner, Robert, 217. Tuttm, Henry, 97. TutfiU, Thomas, 139. Tuttle, WiDiam, 292. Ufflt, UfEoot, John, 201, 209, 418. TJfflt, Thomas, 418. tineas, 460. TJnaerhill, Capt. John, 27, 52, 400. Usher, Elisabeth, 293. Usher, Kobert, 293, 483 ; constable fbr Connecticut, at Stamford, 466. Van Brugge, Carell, 337. Van Goodenhouse, Samuel, 133, 194, 255, 341, 387,416. VaiUier, Jan, 216. Vicars, Anne, 199. Vicarson, Philemon, 291. Vincent, John, 357. Vincent, Peter, 137. Virginia, 58, 69, 121, 142, 206, 228, 317. Vowles, Bichard, constable for Connecticut, at Greenwich, 466. Wadsworth, William, 448. Wakefeid, John, 400. WakeUng, Henry, 418. - Wakeman, Esbume, 391. . -Wakeman, John, 148, 170, 198, 203,268,259, 286, 302, 306, 306, 310, m, 379, 400, 405, 453, 472; treasurer, 140, 168, 214, 231, 297, 359 ; deputy for New Haven, 141, 153, 169, 196, 214,231,360; declines magistracy, 402 ; about to remove, 416 ; his will, 447. 79 Wakeman, Samuel, 306, 448, 453. Walker, Mr., 276. Walker, John, 357. Walker, Mary, 401. Ward, Andrew, 80, 83 ; Ward, Hester, 80, 85. Ward, Josias, 208, 296. Ward, John, 428, 445. Ward, Lawrence, 186, 236, 300, 389, 462: deputy for Branford, 96. 100, 107, 117, 119, 127, 148, 172, 231, 298, 403,418, 422, 429,451, 477,488,500,544. ■ Ward, Samuel, 208.' Warlock, John, 390. Washborne, Mr., 90. Waterbury, John, 169, 165, 229, 243, 487 ; deputy for Stamford, 215, 235. Waters, Anthony, 349. Waters, Joseph, 206, 273, 462. Watson, Edward and Grace, 401. Webb, Bichard, 61, 67. Webb, goodwife, 128. Weeden, Thomas, 230. Welch, Thomas, 90, 424, 444 ; deputy for Milford, 92, 100, 107, 117, 119, 127, 141, 163, 213, 231, 297, 403, 418,422, 429, 488 600,544. WeUes, Mr., 80, 117, 490. Wens, WiUiam, 97, 160, 173, 300, 302, 348, 850, 361,353,368,392,397,400,413; deputy for Southold, 4, 298 ; constable, 216, 304 ; letter received from, 51, 478 ; desires to be freed fi-om office, 96. WestaJl, John, 199, 294, 309, 349, 355, 466. Westerhouse, William. 133, 162, 194. 256, 487. Wefcherell, Daniel, 411. ' . Wethersfleld, 296, 444. Wheadon, Thomas, 250. Wheeler, Thomas, 203, 232, 272, 384, 418, 440, 444,503; desu;es to unite with the colony, 490. Wheeler, Elizabeth, 203. Wheeler, John, 317. White, Ann, 192. Whitehead, John, 208. n Whitehead, Samuel, 91,108. Whitfield, Henry, 197, 301, 306. Whitfield, Nathaniel, 426. Whithar, Abraham, 398. Whiting, Mr., 644. Whitlocke, goodwife, 84. Whitman, Joseph, 160. Whitman, Mrs., 290. Whitman, Zachariah, 264, 266, 280, 289, 390. Whitmore, John, 159, 458. WhitneU, Jeremy, 29, 306. Whitney, Henry, 360. Whorce, , 71. ■ Wigglesworth, Edward, 23, 90. Wigglesworth, widow, 102. Wilford, John, 186. WiUard, Major, 163. Willet, Thomas, 499, Williams, goodwife, 208. Willmms, Roger, 181. Willman, Isaac, 192. Wills and inventories, law concerning, 612 ; presented, 90, 138, 158, 186, 202, 267, 285, 293,366,400,446,483. Wilson, Edward, 133. Windes, Barnabaa, 97, 292, 358, 400. Wines and liquors, impost on, 146, 234, 462, 691. Winslow, Josiah, 496. Winston, John, 446. Winthropi John, 467, 471, 474, 496, 601, 617 ; invited to remove to New Haven, 120 ; his letter to Major Mason, 498. Winthrop, Waite, 512. 626 INDEX. Witchcraft:, law stgamst, 676 ; ' Elizabeth Goodman suspected of, 29, 151 ; ' Goodwife Staples accused of, 77 ; •' Goodwife Knap Ming for, 78 ; goodwife Bassett executed for, 81 ; .Thomas MuUener suspects, 324. yritnesses, law concerning, 6l4. Wolcott, Henry, Mr., 274, 306, 516. WolTes, rewiird for killing, 615. Woodj Ca.pt-., 91. Wood, George, trial of, 187. Wood, John, 209, 464. Wood, Jonas, 121, 139, 149, 190, 247 ; agent for Huntington, 236, 299. Woodward, Lambert, 189. Wooster, Edward, 298, 362. Wj-Uys, Samuel, 300, 466, 476, 478, 495, 512, 516,644; , present at Mr. Bossiter's trial, 454. Tale, Thomas, 370, 484. Tew, Thomas, 190. Toungs, KcT. John, 52, 143, 158, 161, 234, 348; . letter received from, 66. Toungs, Capt. John, 56, 89, 93, 220, 369, 392, 397,400,412,478; makes disturbance at Southold, 51 ; commissioner for Southold, 406 } deputy for Southold, at Connecticut. 465. Toungs, Joseph, 93, 286, 302, 313, 351, 358. _