Book .J{Sl_ \ ' RECORDS OF THE COLONY AND PLANTATION OF NEW HAVEN, FROM 1638 TO 1G49. TRANSCRIBED AND EDITED IN ACCORDANCE AVITH A RESOLUTION OF THE GENERAL ASSEMBLY OF CONNECTICUT. AVITH OCCASIONAL NOTES AND AN APPENDIX. By CHARLES J. HOADLY, M. A. state Librarian of Conn., Member of the Conn. Hist. See, Cor. Memb. N. E. Hist. Gen. Soc. HARTFORD: y oy the PRINTED BY CASE, TIFFANY AND COMPANY it J>^ i I FOR THE EDITOR ' > 1857. At a General Assembly of the State of Connecticut, holden at New Haven in said St-ate, on thejirst Wednesday of May, in the year of our Lord one thousand eight hundred and fifty-six : Hesulved, That the secretary be authorized to purchase lor 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. Hoadh', 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, Thaf the copies so purchased be distributed as follows ; one copy to the town clerk of each town in this state, to be preserved in his office 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 Jlr. Alexander Vatteniare for international exchange: and the remainder of the said two hundred and fifty copies to be deposited in the oflice of the Eecretary, subject to the disposal of the general assembly. INTRODUCTION. The original manuscript, of which the present volume is intended to be, as nearly as practicable, a reproduction, is a large folio of sev- enteen by eleven inches in size, containing about two hundred and fifty pages. It was evidently written with some care, and the chirog- raphy of the whole might be called, for the jjeriod, superior, more particularly so that of Thomas Fugill, the first secretary, although it is more abundant in contractions and abbreviations than that of Rich- ard Perry or Francis Newman, his successors. Many years before the employment of the volume in this country as a Record Book for New Haven Colony, five pages of it had been used, by some great merchant in London, as a Day Book or Journal, and it thus begins, — " Laus Deo, In London, the 6th of January, Anno Dominfe 1608." Who the merchant was to whom it belonged does not appear, and is unknown ; it has been a tradition, however, that it was " Governor Eaton's Ledger," but as Eaton was born in 1590, it would hardly seem probable that a youth of eighteen should carry on business, both foreign and domestic, to so great an extent as would appear to be indicated by the entries in this book. At their first settlement, though within the limits of the old Con- necticut Patent, the plantations of New Haven, Guilford and Mil- ford, intended to be, if possible, separate and distinct governments, but finding themselves singly too weak, early in the spring of the year 1643, they confederated with New Haven, which had already by the <3? IV INTRODUCTION. purchase and settlement of Stamford, Yennycock or Southold, and Totoket or Branford, become the most considerable in size and influ- ence, and thus was formed the Jurisdiction of New Haven. The present volume contains the recoixls of the Colony of New Haven while it remained distinct, the beginning of the records of the Jurisdiction, and the records of the Town or Plantation up to the year 1G50. From April, 1644, to May, 1653, the records of the Jurisdiction are lost, save that in this volume we have the proceedings of a Court of Magistrates, June 14th, 1646, and a Court of Election, October 27th, 1646. How long these records have been missing we are igno- rant, but may conjecture that they have been so for a period of about a century. That Dr. Trumbull did not have access to them, while collecting materials for the history of Connecticut, that is from about 1770 to 1774, is evident upon an examination of that work, and had their disappearance then been recent, we should suppose that there would have been made some reference to the fact, either by him or by the General Assembly in their resolution of May, 1772. The dates of some meetings of the Jurisdiction Courts for this period, collected from the records of the United Colonies and from those of the town of Guilford, are inserted in their chronological order in the form of notes. In a note at page 463 is found an account of some of the proceed- ings of a General Court for the Jurisdiction, May 30th, 1 649, which is taken from Thompson's History of Long Island, but I have thus far been unable to learn the source whence the author of that work obtained the citation. The editor has been informed that Mr. Thomp- son's papers afford no clue, and that it is not found in the records of the town of Southold, L. I. It is to be hoped that the extract may lead to the discovery of the missing volume. In May, 1772, perhaps at the instance of Governor Trumbull, who, as the venerable historian of Connecticut assui'es us, had a most thorough acquaintance Avith the history of the colony, the Gen- eral Assembly passed the following resolution : " Whereas the first antient Book of Records of this Colony remain- INTRODUCTION. V ing in the Secretary's office, and the first Records of the Jurisdiction of New Haven, in the ofilce of the Town Clerk of the Town of New Haven, are much worn and decayed, and by constant use in danger of being totally ruined, Resolved by this Assembly, that the Secretary be directed and he is hereby directed to procure the said Records to be fairly transcribed into some proper book or books to be by him procured for that purpose, and laid before this Assembly to be com- pared and duly authenticated for common use, to the end that the said original ancient Records may be safely preserved and used only upon special and important occasions. The secretary is also directed to receive into his hands and deposit in his ofiice the antient Book of Records of the Jurisdiction of New Haven, now remaining in the office of the clerk of the County Court of New Haven County, who is also hereby requested to deHver the same to liim accordingly, that the same may remain for publick use in the publick archives of the Colony."* The first volume of the Connecticut Records was copied and pre- sented to the Legislature for authentication in May, 1773, but why the New Haven Records were not then also transcribed we are not informed. The authorities of the town of New Haven have within a few years taken commendable care for the preservation and safe keeping of this first volume of their Records, by causing a copy to be made, and by enclosing the original in a copper box. In executing the trust of editing these Records, accuracy has been the chief thing aimed at, and to obtain this neither time nor labor have been spared ; every page has been carefully compared by the editor with the original ; contractions and abbreviations have been followed, but with regard to the use of capital letters and marks of punctuation, it has not been deemed necessary strictly to adhere to the copy ; still, however, this liberty has been used with caution, and the editor has not knowingly altered the sense of any passage thereby, * Colony Kecords, vol. xi, p. 105. Vi INTRODUCTION. preferring in all instances where such might be the case, to let the original punctuation prevail. Changes in the original arrangement of the records have been made in two instances only, one by placing the articles of agreement with the native Indian proprietors at the beginning of the volume, and the other by transferring a list of names recorded on page [138] to page 140 of this volume. The paging of the original has been preserved and will be found in brackets at the side of the page. Some redundancies in the original have been printed in italics. Where the original has in some places become obliterated or worn away, the missing words, supplied by the editor, are included in brackets. In other cases where words or letters have been omitted or passages of doubtful import gccur, the editor feels obliged to charge the fault to those who originally wrote the manuscript. In citing the records of the United Colonies, it has been found more convenient in general, to cite from the cotemporary manusci'ipt copy preserved in the Secretaiy's office than to make use of Hazard, since it is known that in the latter many errors occur. In citing Trumbull's history, the edition printed at Hartford in 1797 has been used, and in Savage's Winthrop, though the edition of 1853 has been used, yet the pages of the former edition of 1825-6 are cited. In conclusion, the editor expresses his thanks and acknowledges his obligations to the General Assembly of Connecticut, by whose liberality the expenses of publication have been in part defrayed ; to the Connecticut Historical Society, for their encouragement of the work ; to the late Town Clerk, Alfred Terry, Esq., and to the Select- men of New Haven, for the readiness and courtesy with which tliey afforded every facility requested for the accomplishment of the same ; to Henry White, Esquire, for many valuable suggestions and other important aid, which his very extensive and accurate information regarding the early history of New Haven enabled him to fui'nish ; to Hon. Francis De Witt, Secretary of the Commonwealth of Mas- sachusetts, and to E. B. O'Callaghan, Esq., M. Tf., of Albany, for copies of documents remaining in the archives of their respective States ; to Ralph D. Smith, Esq., of Guilford, Henry Ondeixlonk, Jr., Esq., of INTRODUCTION. Vll Jamaica, L. I., and Rev. E. Whitaker, of Southolcl, L. L, and to others who in various ways have given the pubHcation their counte- nance or assistance. To Henry White, Esquire, I am indebted also for the copies and abstracts of wills and inventories found, as notes, in this volume. Should the present volume meet with sufficient encouragement, the editor proposes to continue it, by the publication of the Records of New Haven Jurisdiction from May, 1 653, to the union with Connect- icut in 1664-5, together with the New Haven code of 1656. C. J. H. State Library, Hartford, April 14, 1857. Most of the abbreviations used in this volume require no explanation ; the letter m or n with a dash or circumflex over it, m or h , was frequently used for the double consonant ; a similar mark placed over a vowel indicates the omission of a consonant, generally m or n, thus, como, for common ; the letter c is used for ti, thus, condicon,for condition ; the letter p shows the omission of letters, of which r was generally one, thus, pson for person, pp for proper. A caret, ^ , denotes a blank in the original record. THE NAMES OF ALL THE FREEMEN OP THE COURTE OF NEWHAYEN. [In the hanilwriting of Thomas Fugill.] Mr. Theophilus Eaton. Mr. John Davenport^ Mr. Robt Newman. Mr. Math : Gilbert. Thomas Fugill. John Ponderson Jer. Dixon. Mr. Nath : Turner Mr. Eze : Cheurs William Andrewes. Mr. Sam: Eaton John Clarke John Chapman Robt Seeley Tho : Geffreyes Rich Hull Tho : Kimberley Mr. Tho : Gregson John Mosse Adam NichoUs Abra: Bell "William Thorpe Mr. Francis Newman Andrew Low Tho : Mounson 2 Mr. ^ Jam^s Mr. Geo : Lamberton ^ Nash Mr. Rich : Perry ' William Peck Andrew Hull Goodm Shirman GoodiTi Gibbs Goodm Liu''moore Tho Ellsey Mr. Joshua Attwater Antony Tompson Edw Wigglesworth John Vincent Mr. John Wakeman John Benham Mr. Stephen Goodyear John Potter Mr. Jasper Craine Andrew Warde Francis Bell Rich: Miles Roger Allen Mr. Richard Malbonc Wili lues Rip: 10 NEW HAVEN COLONY RECORDS. [1639 Francis Browne John Nash Goodma Davis Mr. Gibberd Goodman Abljott Sam: Whitehead John Brockett Richard Law Matliew Camfield Tristram Rayncr Bro : Lamson Captaine Underbill Rich : Gildersleeve Math: Moulthrop ^ Goodm : Preston "^ Will Tompson Hen : Lendall Wili Fowler Job : Cowper ^t) Joseph Nash NEW HAVEN COLONY RECORDS. [In the handwriting of Thomas Fugill.J [1] The -Ith day of the 4ti^ moncth called June 1639, all the free planters assembled together in a ge[ncral] meetinge* to consult about settling ciuill Gouernm^ according to God, and about the nominatio of persons thatt might be founde by- consent of all fittest in all respects for the foundaco worke of a church w[hich] was intend to 1)0 gathered in Quinipieck. After solemne invocatio of the name of God in prayer [for] the presence and help of his speritt, and grace in those weighty businesses, they were reminded of t[he] busmes whereabout they mett (viz) for the establishm^ of such ciuill order as might be most p[leas]ing vnto God, and for the chuseing the fittest men for the foundac(5 worke of a church to be gather[ed.] For the better inableing them to discerne the minde of God and to agree accordingly concerning the establishm^ of ciuill order, Mr. John Davenport propounded diuers quaeres to them publiquely praying them to consider seriously in the presence and fcare of God the weight of the busines they met aljout, and nott to be rash or sleight in glue- ing their votes to things they understoodc nott, butt to digest fully and throughly whatt should lie propounded to them, and without respect to men as they should be satisfied and pswaded in their owne mindes to giue their answers in such sort as they would be willing they should stand upon recorde for posterity. This being earnestly passed by Mr. Davenport, Mr. Robt. * This meeting took place according to tradition, in a large barn belonging to Mr. Newman. Dr. Bacon, Hist. Disc. 20, has shown that it was most probably Robert Newman's, and pointed out its location as being near Temple st., between Elm and Grove streets. 12 NEW HAVEN COLONY RECORDS. [1639 Newman was iiitreated to write in carracters and to read dis- tinctly and audibly in the hearing of all the people whatt was propounded and accorded on that itt might appeare thatt all consented to matters propounded according to words written by him. QuiER. 1. Whether the Scripturs doe holde forth a perfect rule for the directio and gouernm'^ of all men in all duet[ies] AV^h they are to performe to God and men as well in the gou''mt of famylyes and comonwealths as in matters of the clmr. This was assented vnto by all, no man dissenting as was expressed by holding up of hands. Afterward itt was read on"" to them thatt they might see in whatt words their vote was expressed : They againe expressed their consent thereto by holdeing up their hands, no man dissenting. Qu^R. 2. Whereas there was a cou^ solemnly made by the whole assembly of freeplanters of this plantatio the first day of extraordenary humiliatio w*^h we had after wee came together, thatt as in matters thatt concerne the gathering ajid ordering of a chur. so likewise in all publique offices W^h concerne ciuill order, as choycc of magistrates and officers, makeing and repealing of lawes, dcvideing allottmf* of inheritance and all things of like nature we would all of vs be ordered by those rules w^li the scripture holds forth to vs. This couen^ was called a plantatio couen' to distinguish itt fro [a] chur. couen* w^h could nott att thatt time be made, a chur. nott being then gathered, butt was deferred till a chur. might be gathered according to God : Itt was demaunded Avhether all the free planters doe holde themselues bound by thatt couen- ant in all businesses of thatt nature w^h are expressed in the couent to submitt themselves to be ordered liy the rules held forth in the scripture. This also was assented vnto l)y all, and no man gainesaid itt, and they did testcfie the same liy holde [ing] vp their hands both when itt was first })ro])Ounded, and confu'med the same by holdeing vp their hands when itt was read vnto them in publique, John Clarke being absent when the couen' w[as] made, doth now manefcst his consent to itt, allso Richard 1639] NEW HAVEN COLONY RECORDS. 13 Beach, Andrew Low, Goodm Banister, Ar[thur] Halbidge, John Potter, Rob* Hill, John Brockett and John Johnson, these persons being nott [ad]mitted planters when the conen* was made doth now express their consent to itt. QuiER. 3. Those who have desired to be receiued as free planters, and are settled in the plantatio w'h a purp[ose,] res- olntio and desire thatt they may be admitted into cluir. fellowP according to Christ as soone [as] God shall fitt them there- vnto : were desired to express itt by holdeing vp of hands : Accordingly a [11] did expresse this to be their desire and pur- pose by holdeing vp their hands twice, (viz) both att the [pro]posall of itt, and after when these written words were read vnto them. Qu^R. 4. All the free planters were called vpo to expresse whether they held themselues bound to esta[blisli] such ciuill order as might best conduce to the secureing of the purity and peace of the ordina[nces] to themselues and their poster- ity according to God. In answ. herevnto they expressed by hold[ing] vp their hands twice as before, thatt they held them selues bound to establish such [civil order] as might best con- duce to the ends aforesaid. Then Mr. Davenport declared vnto them by the scripture whatt kinde of persons might best be trusted w'^h matters of gouerm*, and by sundry argum'^ from scripture proued thatt such men as were discrib[ed] in Exod. 18. 2. Deut. 1. 13, w^h Deut. 17. 15, andl. Cor. 6 : 1 to 7, ought to be in- trusted by them, seeing [they] were free to cast themselues into thatt mould and forme of comon wealth W^h appeareth best for them in referrence to the secureing of the pure and peaceable injoymt of all Christ his ordinances [in] the church according to God, whercvnto they have Ijound themselues as hath beene acknowledged. Having thus said he satt downe, praying the company freely to consider whether they would haue [it] voted att this time or nott : After some space of silence Mr. Theophilus Eaton answered itt mi[ght] ho voted, and some others allso spake to the same purpose, none att all opposeing itt. Then itt was propounded to vote. Qu^R. 5. Whether Free Burgesses shalbe chosen out of chur. 14 NEW HAVEN COLONY RECORDS. [1639 members they tliatt arc in the tbuiidat[ioii] worke of tlie church l)cing actually free l^urgesses, and to chuse to them- selues out of the li[ke] estate of church fellowp and the power of chuseing magistrates and officers from among them- selues and the power off makeing and repealing lawes accord- ing to the worde, and the devideing of inheritances and decideing of differences thatt may arise, and all the buisnesses of like nature are to be transacted by those free burgesses. [2] This was putt to vote and agreed vnto by the lifting vp of hands twice as in the former itt was done. Then one man* stood vp after the vote was past, and expressing his dissenting from the rest in p* yett grantinge 1. That magistrates should be men fearing God. 2. Thatt the church is the company whence ordenaryly such men may be expected. 3. Thatt they that chuse them ought to be men fearing God : onely att this he stuck, That free planters ought nott to giue this power out of their hands : Another stood vp and answered that in this case nothing was done but w^h their consent. The former answered thatt all the free planters ought to resume this power into their owne hands againe if things were nott orderly carryed. Mr. Theopliilus Eaton answered thatt in all places they chuse committyes, in like manner the com- panyes of London chuse the liuerycs by whom the publiquc magistrates arc chosen. In this the rest are not wronged because they expect in time to l)e of y liu^y themselues, and to haue the same power. Some others intreated the form"" to giue his argu-m^s and reasons wherevpO he dissented. He refused to doe itt and said they might nott rationally demaund itt, seeing he lett the vote passe on freely and did nott speakc till after itt was past, because he would nott hinder whatt they agreed upo. Then Mr. Davenport, after a short relatio of some form*" pass- ages betweene tliem two about this quest, prayed the company thatt nothing might be concluded by them in this weighty quest, butt whatt themselues were perswaded to be agreeing w'h the minde of God and they had heard whatt had beene sai^l since the voteing, intreated them againe to consider of itt, and putt itt againe to vote as before. — Againe all of them by * Probably Rev. Samuel Eaton, see Mather Mag., B. iii, pt. 4, ch. 1. 1639] NEW HAVEN COLONY RECORDS. 15 holding vp their hands did shew their consent as before, And some of them professed thatt whereas they did waiier before they came to the assembly they were now fully convinced thatt itt is the minde of God. One of them said that in the morn- ing, before he came, reading Deut. 17. 15. he was convinced att home, another said thatt he came doubting to the assembly butt he blessed God by whatt had beene said he was now fully satisfied thatt the choyce of Imrgesses out of chur. members, and to intrust those w*li the power l)efore spoken off is accord- ing to the minde of God reuealed in the scriptures. All have- ing spoken their apprehensions, itt was agreed vpon, and Mr. Rob' Newma was desired to write itt as an order wherevnto euery one thatt hereafter should be admitted here as planters should sul^mitt and testefie the same l3y subscribeing their names to the order, namely, that church members onely shall be free burgesses, and thatt they onely shall chtise magistrates & officers among themselues to liaue the power of transacting all the publique ciuill affayrcs of this Plantatio, of makeing and repealing lawes, devideing of inheritances,. decideing of differences thatt may arise and doeing all things or Imsinesses of like nature. This being thus settled as a foundamentall agreem^ concern- ing ciuill gonernmt. Mr. Davenport proceeded to propound some things to consideraco aboute the gathering of a chur. And to prevent the blemishing of the first beginnings of the chur. worke, Mr. Davenport aduised thatt the names of such as were to be admitted might be publiquely propounded, to the end thatt they who were most approued might be chosen, for the towne being cast into seuerall priuate meetings wherein they thatt dwelt nearest together gaue their accounts one to another of Gods gracious worke vpon them, and prayed to- gether and conferred to their mutuall edifficatio, sundry of them had knowledg one of another, and in euery meeting some one was more approued of all then any other. For this reason, and to prevent scandalls, the whole company was intreated to consider whom they found fittest to nominate for this worke. Quae. 6. "Whether are you all willing and doe agree in this 16 NEW HAVEN COLONY RECORDS. [1639 thatt tweliie men be chosen tliatt their fitnesse for the foundaco worke may be tried, howeu'' there may Ije more named yett itt may be in the"' power who are cliosen to reduce them to twehie, and itt be in the power of those twelue to chuse out of themselues seauen that shall be most approved of the major part to begin the church. This was agreed vpo by consent of all as was expressed by holdeing vp of hands, and thatt so many as should be thought fitt for the foundaco workc of the church shall be propounded by the plantatio, and written downe and passe w'hout exceptio vnlesse they had giuen publique scandall or offence, yett so as in case of publique scandall or offence, eucry one should liauc liberty to propound their exceptio att thatt time publiquely against any man that should l)e nominated when all their names should be writt downe, butt if the offence were priuate, thatt mens names might be tendered, so many as were offend- ed were intreatcd to deale w'li the offender priuately, and if he gaue nott satisfactio, to bring the matter to the twelue thatt they might consider of itt impartially and in the feare of God. The names of the persons nominated and agreed vpon were Mr. Theoph. Eaton, Mr. John Davenport, Mr. Rob*. Newman, Mr. Math. Gilbert, Mr. Richard Malbon, Mr. Nath: Turner, Eze: Cheu's, Thomas Fugill, John Ponderscn, Wil- liam Andrewes, and Jer. Dixon. Noe exceptio was brought against any of those in publique, except one about takeing an excessiue rate for meale w^h he sould to one of Pequanack in his need, w^h he confessed w'h griefe and declared thatt haueing beene smitten in heart and troubled in his conscience, he restored such a part of the price back againe w4i confessio of his sin to the party as he thought himselfe bound to doe. And itt being feared thatt the report of the sin was heard far- ther th[an] the report of his satisfactio, a course was conclu- ded on to make the satisfactio known to as many as heard of the sinn. Itt was also agreed vpo att the said meeting thatt if the persons aboue named did fmde themselues straitened in the number of fitt men for the seauen, thatt itt should be free for them to take into tryal of fittnes such other as they should thinkc mccte, prouidcd thatt itt should be signified to the 1639] NEW HAVEN COLONY RECORDS, 17 towiie vpoii the Lords day who they so take in, thatt eury man may be satisfied of them according to the course formerly taken. [3] Whereas there was a foundamentall agreem' made in a generall meeting of all the fr.8e planters of this towne, on the 4"' of the fowerth moneth called June, namely thatt church members onely shall be free burgesses, and they onely shall chuse among them selues magistrates and officers to ha[vc] the power of transacting all publique ciuill affayres of this plantatio, of makeing and repeali[ng] lawes, devideing inherrit- ances, decideing of differences thatt may arise, and doeing all things and businesses of like nature. Itt was therefore order- ed by all the said free planters thatt all those thatt hereafter should be receiued as planters into this plantatio should allso submitt to the said foundamentall agreem*, and testifie the same by subscribeing their names vnder the names of the aforesaid planters as folio we th. Mr Theoph Eaton John Cooper Mr John Davenport Jarvis Boykin ' Mr Sam: Eaton Mr Robt Newma Mr Math Gilbert ' Mr Nath Turner Mr Rich. Malbon Mr Browninge Mr Line-e 'John Chapman Tho: Kimberley John Benham Mr Wilkes 'Tho: Jeffreyes -Robt. Seely Nicholas Elsey Mr William Touttle John Budd Mr Cheeuers Mr Perry Mr Craine Mr Fran : Newm Mr Tho: Yale •Tho: Fugill (William Andrewes Richard Beckley •Rich. Hull Will Preston John Brockett Jer Dixon Robt. Hill Andrew Low Will Thorpe John Ponderson John Johnson Edward Wiggleworth 'John Clarke Sam. Whitehead John Potter Arther HaDMdge Edward Banister Wiii Potter John Mosse John Charles Richard Beach Tymothy Forde John Reader John Cogswell Mathew Hitchcock Francis Hall Richard Osborne James Clarke 18 NEW HAVEN COLONY RECORDS. [1639 Andrew Hull Edward Patteson Will Eiies Geo: Smith Andr. Messenger John Peacock Geo: Warde Mathew Moulthrop Lawrence Warde [The following Stephen Goodyearc Thomas Gregson Thomas Nasli William Jeancs Jno Evance Thomas Mnnson John Liuermorc Jeremy Whetnell Luke Atkinson Thomas Morris William Russill Beniamin Willmott Thomas Powell James Russell Peter Browne his John I Tompson marke Abraham 3 Bell John g| Vincent Tho: I— <1 Mitchell John -j- Walker Beniamin Pawle Will W Gibbins John Hall Richard ^lerriman Edw S Chipperfield Steuen Metcalfe William Gibbard are autograph signatures. ] Ralph Dayghton William Peckke Antliony Tompson Christ. C3t Todd John Gibbes John Nash Adam A Nicholls Tho 8 Beamont Josna Atwater Thomas Osborne Jolm Wakeman William W Davis Francis "N Browne Robert Pigg Xatli Merriman Roger Ailing Plenry h Peck Marke Pierce Theophilus Higginson Dauid Atwater Mathew Camfeld 1639] NEW HAVEN COLOi:^Y RECORDS. 19 [In the handwriting of Francis Newman.] FREE MANS CHARGE [4] Yow shall neither plott, practise nor consent to any evill or hurt against this Jurisdiction, or any pte of it, or against the civill gouerment here estalilished. And if you shall know any pson, or psons w^h intend, plott, or conspire any thing w^h tends to the hurt or prejudice of the same, yow shall timely discouer the same to lawfull aiithority here established, and yow shall assist and bee helpfull in all the affaires of the Juris- diction, and by all meanes shall promove the publique wellfare of the same, according to yo»" place, ability, and gpptunity, yow shall give due lionno'" to the lawfull magisia:€ts, and shall be obedient and subject to all the wholesome lawes and ordores, allready made, or w^h shall be hereafter made, by lawfull au- thority afforesaid. And that both in yo'" p'^on and estate : and when yow shall he duely called to give yo'' vote or suffrage in any election, or touching any other matter, vv^h concernetli this common wealth, yow shall give it as in yoi" conscience yow shall judg may conduce to the best good of the same. 20 NEW HAVEN COLONY RECORDS. [1639 [In the handwriting of Thomas Fugill.] [5] October 25th 1639. The Court being settled according to the foundaracntall agrecmt made the 4th ^j.^y of June 1639, consisting of those seauen onely who were in the foundaco of the church, namely Mr. Theoph. Eaton, Mr, John Davenport, Mr. Robt. Newman Mr. Math Gibbert,* Tho. Fugi[ll], John Ponderson, and Jerimy Dixon,f after solemne prayer vnto God did pceede as folio weth. First all former power or trust for mannaging any publique affayres in this plantatio, into whose hands soeu'' formerly comitted, was now abrogated and from hehceforeward vtterly to cease. Secondly all those thatt have l)ecne receiued into the fellowPP of this church since the gathering of itt, or Avho being members of other approved church esoffered themselues, were admitted as members of this court. Namely Mr. Na- thaniell Turner, Will Andrewes and Mr. Cheeufs, members of this church, Mr. Sam: Eaton, John Clark, Leiuetennant Seely John Chapman, Thomas Jeffreyes and Rich: Hull, members of other approued churches. And this charge was giuen and accepted by them. If you shall know any person or persons w^h intend, plott, or con- spire any thing w^h tends to the hurt or prejudice of this Juris- diction, or the ciuill gournment here settled, you shall forthw^h discouer itt to the magistrates, or to one or more of the Depu- ties who slialbc chosen and intrusted in the publique occa- sions of the same, you shall assist and l)e help full there vnto w^h body, mindc and goods, in any thing w^h may concerne the safety or promove the peace and welfare thereof, as God shall giue abillity and opportunity. And you shall be subject • An error in the recorder for Gilbert. t "It appears tliat the churches of New Haven and Milford were gatliered to the seven pillars on the 22d of August, 1G39. The tradition is that soon after Mr. Daven- port was chosen pastor of the church at New Haven, and that Mr. Hoolwr and Mr. Stone came and assisted in his installation." Tnunb. I. 298. Mather, (Mag. B. iii. ch. 6,) says that they were gathered in two days, one following upon the other, Mr. Davenport's and Mr. Pruddeus, and alludes to the place as being a mighty barn. 1639] NEW HAVEN COLONY RECORDS. 21 to all lawes and orders w^h according to God shall be made by the court, to the vttmost of yo"^ power. This being done, the court proceeded to the clioyce of a magistrate and 4 deputye[s] to assist in the publique affayres of the plantatio, Mr. Davenport first opening 2 scriptures (viz) Deut. 1. 13. and Exod. 18, 21. wherein a magistrate according to Gods minde is discribed. And Mr. Theoph : Eaton, a mem- ber of this church, a man well known and approved by the court as fittly quallihcd for thatt office according to the said discriptio, was by full consent chosen magistrate for the tearme of one whole yeare. And Mr. Davenport gaue him his charge grounded vpon Deut. 1. 16, 17. And Mr. Robert Newman, Mr. Mathew Gilbert, Mr. Nathainell Turner and Tho. Fugill was chosen deputycs to assist the magistrate in all courts called by him for the occasions of the plantatio for the same tearme of one whole yeare a[nd] receiued their charge faithfully to assist according to the trust comittcd to th[em.] Tho. Fugill was chosen publique notary, to attend the court and from time to time to ke[ep] a faithfull recorde of all pas- sages and conclusions of the court, and of whatsoeu[er] else then or att other times shall by the court or magistrate be comittcd to him concerning the ciuill publique occasions of the Plantation. Robt. Seely was chosen marshall, his imploym^ and charge from time to time to warne courts according to the directi(5 of the magistrate, to serue and execute warrants, to attend the court att all times, and to be ready and dilligent in his person or by his deputy to execute the sentences of the court, and in all other occasion to attend the service of the plantatio in all things apptaining to his office. Itt was further agreed thatt there should l)e a renewing of the choyce of all offi[cers] euery yeare att a Generall Court to be held for this plantatio the last weeke in October yearely. And thatt the worde of God shall be the onely rule to be attended vnto in ordering the affayres of gouernment in this plantatio. 22 NEW HAVEN COLONY RECORDS. [1639 [6] Octob: 26: 1639. The ciuill affayres of the plaiitatio l)eing settled as before, by the puidence of God an Indian called Messutunck, alias Nepaupuck, who had beene formerly accused to have murder- ously shed the bloodc of some of the English ; of his ownc ac- corde w'h a deer's head vpon his back came to Mr. Batons, where, by warrant the marshall apprehended and pinioned him, yett nottw^hstanding by the subtillty and treachery of another Indian his companio, he had allmost made an escape, butt])y the same providence he was againe taken and deliu'ed into the magistrates power, and by his order safely kept in the stocks till he might be Ijrought to a due tryall. And the In- dian who had attempted his escape was whipped by the mar- shall his deputy. OcTO: 28: 1639. The Quillipieck Indian Sagamour w^i diui's of his Indians w*li him were examined before the the magistrate and the deputyes for this plantatio concerning Nepaupuck. They generally accused him to haue murdered one or more of the English, and thatt he had cutt of some of their hands & had presented them to Sassacuse the Pequott sachem, boasting thatt he had killed them wUi his owne hands. Mewhebato a Quillipieck Indian, kinsman to the aforesaid Nepaupuck, comeing att the same time to intcrceed for him, was examined whatt he knew concerning the murders charged vpon the said Nepaupuck ; att first he pretended ignorance, butt w*h a distracted countenance, and in a trembling manner; being admonished to speake the truth he did acknowledge him guilty according to the charge the other Indians had before made. All the other Indians w^hdrawing, Nepaupuck was brought in and examined, he confessed that Nepaupuck was guilty ac- cording to the tennure of the form'' charge, butt dcnyed thatt he was Nepaupuck-. Mewhebato being brought in, after some signes of sorrow, charged him to his face thatt he had assisted the Pequotts in murdering the English, this somewhatt abated 1639] NEW HAVEN COLONY RECOEDS. 23 his speritt and boldenesse ; butt Wattoone the soime of Carra- hoode a councello'' to the Quillipieck Indian sagamoiir come- ing in, charged him more perticularly tliatt he had killed Abraham Finch an English man att Weathersfield and thatt he himselfe, the said Wattoone, stood vpon the island att Weathersfield and beheld him the said Nepaupuck now pres- ent acting the said murder. Lastly the Quillipieck sagamoi* and the rest of the Indians being called in, to his face affirmed thatt he was Nepaupuck, and thatt he had murdered one or more of the English as before. Nepaupuck being by the concurrence of testimony con- vinced, he confessed he was the man namely Nepaupuck, and boasted he was a great captaine, had murdered Abraham Finch, and had his hands in other English blood, he said he knew he must dye, and was nott afraid of itt, butt layd his neck to the matletree of the chimney, desireing thatt his head might be cutt of, or thatt he might dye in any other manner the English should appoynt, onely he said fire was God, and God was angry w'h him, therefore he would nott fall into his hands. After this he was retourned to the stocks and as before a watch appoynted for his safe custody. A Generall Court 29 : op Octob : 1639 ; A Generall Court being assembled to proceed against the said Indian Nepaupuck who was then brought to the Imrre, and being examined as before, att the first he denyed thatt he was thatt Nepaupuck w^h had comitted those murders wherew'h he was charged, butt when he see that the Quilli- peck Sagamour and his Indians did againe accuse him to his face, he confessed thatt he had his hand in the murder of Abra- ham Finch, butt yett he said there was a Mohauke of thatt name thatt had killed more then hee. Wattoone affirmed to his face thatt he, the said Nepaupuck, did nott onely kill Abraham Finch, butt was one of them thatt killed the 3 men in the boate or shallop ou Connectecutt riuer, 24 NEW HAVEN COLONY RECORDS. [1639 and tliatt there was but one Nepaupuck and this was he, and the same thatttooke a chihle of Mr. Swaines att "Wcathersfield. Then the said Nepaupuck being asked if he wouklnott confess y^ he deserved to dye, he answered, it is weregin. The Court haue had such pregnant proofe, proceeded to pass sentence vpon him according to the nature of tlie fact and the rule in thatt case, he thatt sheds mans blood, by man shall his blood be shed, accordingly his head was cutt off the next day and pittched vpon a pole in the markett place. [7] A Court holden the 3*^ of Nouember 1639. Thomas Kimbcrley was admitted member of the court and recived his charge. Itt is ordered that Mr. Samuell Eaton, Captaine Turner, Rob* Newman and Thomas Fugill shall treate wUi the Hartforde- shire men about their lotts, to see if they will part v^^h them and vpon what tcarmes. Itt is ordered thatt gates shalbe made att the end of every streete att the outside of the Towne, wUi all the outside fences. Mr. Eaton shall appoynt the men to doe itt. Itt is ordered thatt Mr. Hopkins shall have two hogsheads of lime for his present vse, and as much more as will finnish his house as he now intends itt, he thinking that two hogs- heads more will serve. Itt is ordered that Mr. Gilbert and Goodman Andrewes shall veiwe the creeke by the landing place, to see if lotts may be layd out there w^hout prejudice to y^ towne. Itt is ordered thatt Mr. Eaton, Mr. Sam: Eaton, Captaine Turner, Rol)^ Newmfi, Mathew Gilbert, Thomas Fugill and Goodman Andwewes shall advise together about laying out allottments for inherritance. Itt is ordered thatt Mr. James shall have Francis Parrotts lott. Thomas Badger being accused vpon suspitio of stealing mony fro Edward Cox, boatswaine of the Exetof marchant, was referred to further proofe. 1639] NEW HAVEN COLONY RECORDS. 25 A Gen^'i Court the 25 op Nouember 1639. Itt is ordered that after this day no man shall cntt any tim- ber downe butt where he shall be assigned by the magistrate, except on his owne ground. Itt is ordered thatt Leivetennant Seeley and Goodm An- dwewes shall walke the woods, and if they finde any timber lyeing in the woods vncroscutt and squared, and acquaint the magistrate therewth, they shall have liberty to seiz vpon it, halfe for themselves, and halfe for the towne, the Yorkshire mens timber onely excepted : that timber w^h is squared and crosscutt, time is given till the last of March next to fetch it home. Itt is ordered that a meeting house shall be built forthw^^h, fifty foote square, and that the carpenters shall fall timber where they can finde it till allotm^s be layd out and men know their owne proprietyes. Itt is ordered that Mr. Gregson ay, appertayning to divers persons. Itt is ordered that bro : Andrewes shall detaine somuch of Rob* Campian his wages in his hands as may secure a debt of 31 w^h Mr. Mouleno'' demaunds of the said Rob^. Itt is ordered thatt Mr. Mouleno"" shall pay to Mr. Perry 10^ w«=h he owes to him. Itt is ordered tliatt Mr. Wilks shall pay 5 bushells and a halfe of iiidian come to Thomas Buckingham for corne destroyed by Mr. Wilks his hogs. Isaiah, Captaine Turners man, lined 5* for being druncke on the Lords day. William Bromfield, Mr. Malbonsman, wrs sett in the stocks for prophaining the Lords day and stealmg wine from his Ma"" w<=h he drunk and gave to others. Ellice, Mr. Batons boy, was whipped for stealing a sow and a goate fro his Ma"" and selling them. David Anderson, was whipped for being drunke. * Widow of Rev. Francis Higginson. For an account of his life see Mather, JIag. iii, p. 12, eh. 1, and Gen. Reg. 6, 105. She may have been a relative, perhaps sister, of Governor Eaton. 1639] NEW HAVEN COLONY RECOEDS. 29 John Jenner accused for being drunke w^h strong waters was acquitted, itt appearing to be of infirmyty & occasioned by the extremyty of the colde. Mr. Mouleno'', accused of being drunke, butt nott clearely proved, was respited. Peter Browne licenced to bake to sell, so long as he gives no offence in itt justly. A Generall Court the 18 of Feb: 1639. Mr. Gregson and John Mosse were admitted members of the court. John Charles was forbiden to draw wine because there hath beene much disorder by itt. Goodman Loue was whipped and sent out of the plantatio, being nott onely a disorderly person himselfe, butt an incour- ager of others to disorderly drinking meetings. George Spencer being prophaine and disorderly in his whole conversatio and an abettor of others to sin, and drawing on others into a conspericie to carry away the Cock* to Virgenia was whipped and sent out of the plantatio. John Proute, Hen: Brasier and Will Bromfield was whip- ped for joyning in the aforesaid conspericie, and the said Hen : and William were ordered to weare irons dureing the magis- trats pleasure. [10] 25th OF Feb : 1639. Mrs. Higgingson, late planter of Quillipieck dyeing w'hout makeing her will, & leaveing bchinde her eight children, an inventory of her estate being taken, the court disposed of her estate and children as followeth w^h the consent and approba- tio of Mr. John Higginson her eldest sonne.f * The name of a small vessel. t Rev. John Higginsou was born m England Aug. 6, 1616. Some time after the death of his father with Avhom he came to this country m 1629, he was the instructor of a school at Hartford, his mother with six of her children being somewhat depend- ent upon his exertions for her support ; after this he was chaplain at Saybrook fort 30 NEW HAVEN COLONY EECOEDS. [1639 The said John Higginson, the charges of his ediicatio con- sidered, is onely to have his fathers books, together w^h the value of 51 in bedding for his porco. Francis Higginson the second sonne and Tymothy the third Sonne, their educatio allso considered, are to have each of them twenty pounds for their portions. Theophilus Higginson though well educated, yett in regard of his helpfullnes to his mother and her estate, is to have forty pounds for his portio. Samuell Higginson is allso to have 40^ for his portio, and to be w^h Mr. Eaton as his servant for the full tearme of 2 yeares from the first of March next ensueing. Theophilus and Samuell are to have the lott w^h all the accommodation belonging therevnto, equally to be devided betwixt the, for fifty pounds of their portio^. Anne Higginson her daughter, is to have forty pounds for her portio and her mothers olde clothes, together w*h the remainder of the estate when the debts and other portions are payd. Charles Higginson is to have 40' to his portio, and to be w^h Thomas Fugill as his apprentice vnto the full end and tearme of nine yeares from the first of March next ensueing the date hereof. And the said Tho : Fugill is to finde him what is con- venient for him as a servant, and to keepe him att schoole one yeare, or else to advantage him as much in his educatio as a years learning comes to, and he is to have the benifitt of the vse of his portio till the said tearme be expired, and att the end thereof to pay itt to the said Charles Higginson, if he live till the said nine years be expired, butt if he dye before, then the said Thomas Fugill is to pay the said portio to the rest of his brotlicrs thatt are alive att the end of the said nine yeares. Neophitus Higginson being w*li Mr. Hoife in the Bay of Mattacusctts, is to remaine w'h him and to be brought vp by him till he attayne the full age of 21 yeares, and in the meane time, Mr. Hough is to have 40' of the estate, w^h he is to pay several years. In 1641 he went to Guilford and became assistant to Mr. Whitfield whose daughter he married. He was chosen one of the seven pillars there in 1643. He left Guilford in 1659. Allen, etc. 1640] NEW HAVEN COLONY RECORDS. 31 to the said Neofatiis att the end of the said tearme as his portio. When the farme att Sawgus is sould itt is to be equally devided amono; the brothers. Att a Court held the S^h op March 1639 : Whereas a will was made by Nathaniell Axtell the 27*^'' of Jan : 1639*, before his goeing into olde England, and left in the hands of Goodman Miles for the disposeing of his estate w^h he left allso in the hands of the said Richard Miles, and he being now departed this life, It is ordered by the court thatt a true inventory of all his goods in this place be taken by Captaine Turner and Goodma Miles, till further course be taken about them, Itt was ordered that Mr, Gregson and Mr. Gilbert should prize the goods of George Spencer. Itt was ordered that Mr. Johnson shall have the cellar that Thomas Welch lived in to make a warehouse off, onely to lay goods in itt while he hath neede of itt for that vse, and then liberty to sell itt (as itt shall be judged), to some planter w'h the consent of the court not claymeing any propriety in the ground as inherritance. Mr. Lambertons man. Hen, Brasier,was freed fro his chaines fro hence forward. Will Bromfield and Tho : Manchesf are to weare theirs a weeke longer. [11] A Court holden the 3*1 op Aprill 1640, Itt is ordered thatt Mr. Fowler, John Cockerill and Leive- tenant Seeley shall prize the goods of Tho : Ashby and Tho : Johnson who were lately drowned. Itt is ordered that John Reader in whose hands William Thorps goods was left, shall have them forth comeing so as to * The will is not preserved, but Dr. Bacon perhaps overlooked this record when he conjectured Edward Tench's will to have been the first made in New Haven. Hist. Disc. 327. 32 NEW HAVEN COLONY EECORDS. [1640 give a good accoumpt of them att the next court, or when he shall be called, tliatt those to whom he was ingaged may be satisfied. Itt is ordered thatt brother AndreWes and brother Mounson shall veiw the grounds of difference betwixt Mr. Malbon and Thomas Mouleno'" the elder, and acqu.aint Mr. Turner, Mr. Gilbert, Mr. Lamberton and Thomas Fugill w^h the same, who are desired to end the same if they can, or else to certyfye where the impediment lyes. Itt is ordered thatt Mr. Malbon and Goodman Potter shall equally share in the losse of 24^ due vnto them fro George Spencer, because there is not sufficient to satisfy them both to the full. Itt is ordered that Artlier Halbidge shall pay 40« fine for falling trees and selling clapboard, contrary to the orders in that case. Itt is ordered thatt the mony left (in the hands of Mr. Browning) l)y John Dyer, shall be reserved to secure a debtt and satisfie the demands of bro : Andrewes. Itt is ordered thatt the gates att the ends of the neck bridge, and the way to itt be made convenient forthw^h. Itt is ordered thatt John Mosse, Tymothy Forde and Richard Beach shall pay each of them 1^ fine for trees wh they did fall disorderly. Hen : Akerlye was rebuked for building a cellar and selling itt w'hout leave. Itt is ordered that all the trained band shalbe in the mar- kett place the 3'^ day next weeke by 7 a clock in the morning w^h their amies compleat. A Court holden the 6* of May 1640. Itt was ordered thatt Mr. Fowler and John Cockerill shall have the goods of the 2 men thatt was drowned, to satisfie their debt so far as itt will goe ; pvided, thatt if any other shall lay just clame to the said goods, then they are to be 1640] NEW HAVEN COLONY RECORDS. 33 equally devided among the credeto^'s according to their pro- portio. Itt is ordered thatt a measurer shall be appoynted to meas- ure all the corne thatt comes into the plantatio to be solde, and for that end a role shall be made to strike the bushell w4i. Liberty granted to Mr. Gregson, bro : Andrewes and Goodm Warde to lett their timber lye in the woods for the space of 2 moneths w'^hout forfeiture. An account deliu^ed into the court by Mr. Lamberton be- twixt himselfe and Goodm Spencer whom he imployed as his steward att sea in his voyage hitlier, for w^h service he allows him 51 IQs for the whole voyage, butt whereas he dyed before he had served halfe the voyage, he desired that Roger Allen who suc-ceeded him should have the one halfe of the hyer, and promised that if more wages were ordenaryly allowed in that place for thatt voyage, he will allow as much to the said Goodma Spencer, and wthall that he will he ready att any time to make oath of the truth of that account w'^h he had given in, w*h w'^h Mr. Fowler, and Goodma Tapps were satis- fied, (who were intrusted for the child of the said Spencer late desceased.) [12] A Court holden the third op June 1640. Gen'-ii. All the Ma's of the watches received their charge and orders as followeth, 1. The drumm'' is to beat the drum att the goeing downe of the sunne. 2 The Mat" of the watch is to be att the court of guarde w^hin halfe an hower after the setting of the sun wUi his armes compleate. 3 All the watchmen are to be there w'^hin an hower after the setting of the sun, w^h their amies compleate, and their guns ready cliarged, and if any of them come after the time appoynted, or be defective in their armes, they are to pay 1« fine, for totall absence 5^ fine. And if the Ma^ of the watch transgresse, either in late comeing, defectivenes in armes or 5 34 NEW HAVEN COLONY RECORDS. [1640 totall absence, his fine is to be double to the watchmens fine in like case, 4 The Mr of the watch is to sett the watch an hower after sunsett, devideing the night into 3 watches, sending forth two and two together to walke their tunics, as well w^hout the towne as w^hin the towne and the subvrbs allso, and to bring to the court of guard any person or persons whom they shall finde disorderly or in a suspitious manner wUiin dores or w^r out, w^her English or or Indians, or any other straingers what- soeu"" and keepe them there safe untill the morning, and then bring them before one of the magistrates. If the watchmen in any part of their watch see any appar- ent comon danger w^li they cannott otherwise prevent or stop, then they are to make an alaru by discharging their two guns w^h are to be answered by him thatt stands att the dore to keepe sentinell, and that allso seconded by beating of the dru. And if the danger be by fire, then with tlie alaru the watchm are to cry fire, fire. And if itt be by the discovery of an enemy, then they are to cry arme, arme, all the towne ou^, yett so as to leave a guard att the court of guard. 5. Tlie Ma"" is to take care that one man alwayes stand sen- tinell in a sentinell posture wthoutthe watch house to hearken dilligently after the watchmen, and see that no man come iieare the watch house or court of guardc ; no, not those of the p'"sent watch who have beene walking the round, but that he require them to stand and call forth the Ma^of the watch to questio, proceed or receive them as he shall see cause. The Ma"" of the watch is allso to see that none of the watchmen sleepe att all, and thatt none of their guns remaiiie vncharged till the watch breake up (and then they may discharge), and allso that no man lay aside his armes while the watch con- tinues. 6. Every M"" of the watch in his course, is to warne both his owne watch and the M^ of the succeeding watch, fower and twenty liowers before they are to watch, and not to doe itt sleightly, butt either to warne the psons themselves, or to leave the warning w^h some sufficient for such a trust. Lastly, if any Ma"" of the watch shall faile either in the 1640] NEW HAVEN COLONY RECORDS. 35 warning or ordering of the watch in any of the forcnamed pticnlars, or shall breake vp the watch in the morning before itt have beene full halfe an hower day light, or neglect to com- plaine to one of the magistrates of the neglects or defects of any of the watchmen, he is to be fined by the court according to the quallity of his offence. Edward Bannister, for his contempt of the court, and therein the ordinance of God, was fined twenty shillings. Edward Woodcliff for slaundering his Ma's wife was whipped seveerly and sent out of the plantatio, being a pestilent fellow, and a corrupter of others. Nathaniell Axtell his will, and inventory of his goods dcliu- ered into the court. [13] A Generall Court helde the llti> of June 1640. Mr. James, Adam Nicholls, Abraham Bell, Francis New- man, Andrew Low and Thomas Mounson was made freemen, and admitted members of the court, and accepted the charge of freemen. Itt was ordered thatt comodityes well bought in England for ready mony, shall nott be soldo here above 3'^ in the shil- ling for proffitt and adventure above what they cost w'h charges, when soldo by retayle, when soldo by the peece or vessell by wholesaile, lesse proffitt may suffize. When bought from ships or other vessells here, not above 30 b* in the shilling by retale, nor above a peny in the shilling by wholesaile. Butt comodityes of a perishing na'', subject to waste and damage, fall not vnder the former rates, yet the rates to be so ordered that neither buyer nor seller suffer in the rates. Comodityes bought and brought fro the Bay, Connectccutt, Virgenia or other places, to be in proportio moderated in the prises, according to the adventures and nature of the com. odityes. * " Obolus is now iisually taken to signify our half penny ; but in old time it signi- fied the half noble; the nol)le was then called penny, and its quarter a farthinp;." Bailey's Diet. 36 NEW HAVEN COLONY RECORDS. [1640 In callings w^h. require skill and strength, as carpenters, joyners, plasterers, bricklayers, shipcarpenters, coopers and tlie like, ma'' \yorkcmcn not to take aljove 2* (3'' a day in sum"", in w^h men may worke 12 Lowers, butt lesse then 10 hewers dilligently improved in worke cannot he accounted nor may 1)0 admitted lor a full dayes worke, nor in winter above 2^ a day, in w^h att least 8 howers to be dilligently improved in worke. And by advice of approved m'' workemen the names of others who in their severall trades are to be allowed for m'" workemen are to be sett downe. Butt all workemen in the former and like trades, who are not as yet allowed to passe vnder the names of ma'" workemen, not to take above 2s a day in sum"" and 20'^ a day in winter, they improveing their time in worke both in sum'' and winter as above expressed. Planters and labo'"ers, experienced and dilligent in their way, not to take above 2^ a day in sum'', and not above IS^^ in winter improveing their time as a)jove, and others in propor- tio, as they may deserve, and boycs to have wages in sum'' and winter in seu^all imploymt^ according to the service they doe, w^^h shall be judged, (when any doubt ariseth), by honest and indifferent men. For goeing w4i boats of seuerall sorts, the man not above 2^ a tyde, the whole tyde being dilligently improved according to the nature of that imploym^ And for boates, according to their quallity and burden. A lighter of 16 tunne w^li a boate or cannow w"^h her, not above 8" a tide, and one of 12 tunne, with a boate, not above 2^ 6^ a tide. A shallop of 4 tunne, not above 1^ a tide, and so in re- spective proportio. Butt in such raines or stormes that goods cannot be laden without spoyling, nor the boate stirr though the tide serve, no paym' to be made for the boate in such tides, though the man be paid while he attends the service. Sawing by the hundred not above 4^ 6^ for boards. 5^ for plancks. 5^ 6'i for slitworke and to be payd for no more than they cutt full and true measure. If by the dayes worke, the top man or he -that guides the worke and phaps fnidcs the tooles, not above 2^ 6'' a day in som"", and the pitt ma, and he whose skill and charge is lesse, not above 2% and a proportion- 1640] NEW HAVEN COLONY RECOKDS. 37 able in winter as before. If they be eqnallin skill and charge, then to agree or divide the 4^ 6'^ betwixt them. Falling of timber, that w^h is full 2 foote ow^ or above, one w^h another not above S'^ a foote ; lesser timber, being yett full 18 inches ou"" and under 2 foote, not above 2'^ a foote; all other trees of lesser size not 18 inches ou"", either by daycs wages, or as shall be reasonably agreed. Crosscutting, by the day, as other labo''^, or as shall be agreed w'h equity. Hewing and squaring timber of severall sizes, one w^h another, butt the least 15 inches square, well done that a karfe* or planke of 2 inches tliicke being taken off on 2 sides, the rest may be square for boards or for other vse, not above 18*1 a tun girt measure. And for timber sleightly hewen a price proportionable, or by day wages. As for sills, beames, plates or such like timber, square hewen to build wUi, not above a peny a foote running measure. [14] Mowing, when by the acre, not above 3^ salt marsh, nor above 2^ 6*^ fresh marsh, when by the day, not above 2« 6^, and this to be of skilfuU mowers, dilligently improveing their time and skill. A skillfull thatcher, working dilligently, not above 2^ 6^ a day. Fenceing w^h pales, as houslotts, now are, for felling and cleaveing posts and railes, crosscutting, hewing, mortising, dig- ging holes, setting vp and nailing on the pales, the worke being in all the pts well wrought and finished, not above 2^ a rod, butt in this price pales and carting of the stuffe not in- cluded. Fencing w^li 5 railes, substantiall posts, good railes, well wrought, sett vp and ramed, that pigs, swine, goates and other cattell may be kept out, not above 2^ a rod. Fencing w^h 3 railes, good stuff, well wrought and finished, not above 18d the rod. KSubstantiall posts sould in the woods, not above 9« or 10^ by the hundred, being in length and goodnes answerable to the price. Good railes, 11 foote long, some of them 7, some 6, butt the least in the smallest pt of itt not less then 5 inches * " Kerf, the way made by the saw or the away sHt in a piece of timber or board. The sawn away sht between two pieces of stuff is called a kerf." Bailey's Diet. 38 NEW HAVEN COLONY RECOEDS. [1640 broade, one w^li another one v/h another indifferently sorted, not above 7« the hundred. Inch bords to be soiikl in the woods nott above 5^ 9'^ ¥ hundred. halfe inch boards in the woods not above 5 — 2 ^ 100. 2 inch planke in the woods not above 7 — F 100. inch boards sould in the towne not above 7 — 9 F 100. halfe inch boards in the towne, nott above 6 — 2 F 100. 2 inch planke in the towne not above 11 — F 100. Sawen timber 6 inches broad and 3 inches thickc ) f far'' in the woods rufiing measure not above ) F foote. in the towne not above 1'^ F foote. Sawne timber 8 inches square rimning measure in ^ I'' ^ the woods not above j F foote. in the towne not above 2^ F foote. Clapboards in the woods, good stuffe, not above 4^ F 100. 6 foote long 3^6^. 5 foote and 4 foote 3« F hundred ; hewing and nailing them on roofes and sides of houses, well done not worth above 5^ F hundred, butt as most are done, not worth above 2* 6'^. Shingle, good stuff f of an inch, and 6 or 7 or 8 inches broad, sorted in the woods, being 3 foote 2* 6<^ ¥ hundred. 2 foote 2s. 14 inches 1^ ¥ hundred, butt if defective, price accordingly. Lime well burnt vnslaked, and brought by water to the landing place of the towne, by the bushell heaped, not above 9^1 the bushell, by the hogshead, full gage and so putt in that when carted from the water side to the place where it shall be vsed the hogshead may yet remaine full, not above 5« F hh'^. A Court holden the 1' of July 1640. Daniell Fuller for neglect of his watch was fined three shil- lings. Thomas Parsons and John ^ , servants to Elias Park- more were whipped for their sinfuU dalliance and folly w^h Lidia Browne. Andwcw Low the sonnc of Andrew Low, was whip))ed for 1640] NEW HAVEN COLONY KECOKDS. 39 ruiiiiig fro his ma'" and stealing fruite out of Goodman Wards lott or garden. Tlio: Chambers being accused for scoffing at religio, it not being sufficiently proved, he was dismissed onely w^h an admo- nitio and cautio. Arthur Hall)idg Ijeing charged w*h falce measure in lime, was respited till another court for a more full testimony. [15] A Court holden the 5^^ of August 1610. Itt was ordered thatt Thomas Games shall pay vnto John Moody or his assigns, 500 weight of good tobacco, w^h should have beene payd 14 or 15 moneths agoe. In consideracon whereof, the court doth order the said Thomas Games to pay vnto the said John Moody ^ a hundred weight more of to- bacco for the forbearance of itt so long a time. John Cockerill received in the court 3 — 8 — 10 of the mony of Thomas Johnson, vpon condicou y' he shall repay itt into the court in case any others shall lay clame to the same and require satisfactio, Itt is ordered that Mr. Craine shall pay the rates due for Mr. Roe* to pay, in consideration of his lott and estate here given in : and thatt if he come not the next yeare, the lott shall be att the towns dispose, and the rates payd for him to be de- ducted out of his estate here in cattell when they are soulde. Goodm Osborne fined 5^ for neglecting to warne the "watch mar next succeding his owne, whereby the watch was neg- lected 3 nights. Brother Perry was fined one shilling for warning his watch too late, tho the watch was not neglected. * Owen Eowe was a tradesman in London and of the company designed for New England, and had in 1636 a lot laid out in Boston. Upon the change of times he chose to remain in London, became a colonel in the great civil war and one of the regicide judges. He died in the Tower on Christmas day 1661. Hutch. Coll., 59. Savage Winth. I, 475. (Ed. of 1853.) 40 new haven colony records. [1640 Att a Gen'11 Court held the 1' op the 7'"' Moneth 1640. Mr. Latnberton and Thomas Nash was admitted members of the court and received the freemans charge. Itt is ordered that all men thatt have nott yet payd in all the olde rates for the commo charges of the towne, shall pay itt w'hin 14 dayes after the date hereof, or else some other course must be taken to compell them. And allso thatt another rate be forthwUi estreeted of 200^, halfe vpo estates and halfe vpon lands. Mr. Turner was chosen Captaine to have the comaund and ordering of all martiall affayres of this plantatio, as setting and ordering of watches, exerciseing and training of souldiers and whatsoeu'" of like nature appertaining to his office ; all w'h he is to doe w^h all faithfullnes and dilligencc, and be ready att all times to doe whatsoeu'" service the occasions of the towne requires or may require. Itt is ordered that eu'y man that is appoynted to watcli whether m""^ or servants, shall come every Lords day to the meeting compleatly armed, and all others also are to bring their swords, no man exempted save Mr. Eaton, o^" paste"", Mr. James, Mr. Samuell Eaton and the 2 deacons.* The plantatio of Totokett is granted to Mr. Samuell Eaton for such friends as he shall luring ouer from olde England, and vpo such tearmes as shall be agreed betwixt himselfe & the comitty chosen to that purpose, (namely) Mr. Eaton and the 4 deputyes. This towne now named Newhaven. Itt is ordered that when Mr. Eoes lott shalbe fenced in, o^ paste"" shall have a way or passage left 8 foote broad betwixt it and Mr. Craines lott, y* he may goe out of his owne garden to the meeting house. Itt is ordered thatt none in this plantatio shall either sell or lett a lott to any strainger for yeares wMiout allowance fro the court. Itt is ordered thatt att this day every yeare all the ram goates in the towne shall either be side stringed or some other * Matthew Gilbert and Robert Newman. 1640] NEW HAVEN COLONY RECORDS. 41 course taken w^li them so as they cannot ram the ewes till the fittest season. A peece of ground granted to Mr. Lamberton for a yeard to his sellar by the west creeke, butt to be veiwed by the comitty chosen to dispose of all the lotts and lands aboute the towne, and sett out by them to him, vpo these tearmes, (viz) that he shall give for the ground whatt they shall appoynt, and sell both house and lott at what time and to whom the court shall approve of, and that att a reasonable price. [16] Att a Court held att Newhaven the 2^ of 7 m ; 1640. Itt is ordered that Leivetent Seely shall pay vnto John Cockerill ll^ 11^ either in mony, corne or cattell, as they shall be indifferently prized by indifferent men w^'h shall be chosen by them for that end. Tho: Saule doth acknowledg himselfe bound in the sum of 20^, to be leavied of his goods and chattells for publique vse of this towne, vpon condicon thatt he satisfie tlie just demaunds of Humphra Spinage when soeu"" he shall be called to an ac- count aboute a clame w<^h the said Spinage doth make in the behalfe of one in London. Itt is ordered thatt Goodman Chapman shall forthw^h pay vnto Joh. Cockerill the su of 5^ 10^ w^h he is indebted to him. Robt Cogswell is ordered to pay vnto Mr. Attwater and his bro : David the mony w^h he owes them, before the next court. A difference betwixt Mr. Craine and Captaine Turner refcred to bro: Gilbert and bro: Newm to arbitrate. Richard Mansfield fined 2^ for neglecting his watch. The men appoynted to veiw the meaddowes, to sett downe before lotts be cast, what allowance is equall to be cast into the acre where the meadowes are bad, Benjamin Linge, William Andrewes, Richard Perry, Will Touttlc, Jasper Craine, John Chapman, Mr. Lamberton, Rob* Seely, John Wakeman,Rich: Miles, Thomas Welch, Anthony Tompson, John Ponderson, Fran. Newman and Jer: Dixon. 6 42 new ha yen colony records. [1640 Att a Court held att Newhaven the 6* of the 8^1' m. 1640. Goodffi Warde fined 2^ for neglect of his watch and putt out of his place from being ma'' of a watch. Will Gibbons, Francis Browne and Tho : Franckland fined 1^ apeece for late comeing to keepe their watch. Robt Champio being accused for drinking wine to excesse, was fined 5^. Thomas Mouleno'' the elder, and Robt Campio were fined 5^ apeece for affronting the court. On Wednesday, being the 14^^ of October, the deputies aforesaid went to veiw the meadowes, and haveing pfected their worke, they gave in an account of their worke, as appeares by the plotts of the meadowes. [17] Att a Gen^h Court held att Newhaven the 23 of the 8 m: 1640. Itt is ordered euery one of the 5 quarters whose proportio of meadow is vnder 8 acres, shall have itt in the iland in the east riuer, and in the mill meadowes, and their vpland att the vtmost end of the first divisi(5 of the Yorkeshire quarter w^hout the 2 miles beyond the west river. Itt is ordered thatt Mr. Eaton shall have 50 acres of his meadowes in the meadowes towards Totokett, neare vnto the way that goes to Manunkatucke, w^h upland answering that proportio. And all the rest of his meadow he is to have att his owne choyce in the east meadowes and vpland adjoyning, as itt may best sute his conveniencie ^^h whatsoeu"" convenien- cics the place will afforde him for a farme. Itt is ordered thatt o"" paste"" shall have his farme where he shall desire itt w^h all the conveniencies of vpland and meadow and creeks w^^ the place where he pitches will afforde, though above his proportio, according to his desire. Itt is ordered that Captaine Turner shall have his lott of meadow and vpland where he shall chuse itt for his owne con- 1640] NEW HAVEN COLONY RECORDS. 43 veniencie, thatt he may attend the service of the towne wh his place requires. Itt is ordered thatt all the vplaiid in the first divisio w'h all the meadowes in the plantatio shall pay 4:"^ an acre yearly, and all the land in the 2^ divisio shall pay 2^ an acre yearely, att 2 severall dayes of paym', (viz), the one in Aprill, and the other in October, to raise a como stock or publique treasury, and thatt a steward or treasurer shall be chosen to receive and dispose of itt according to the occasions of the towne, and give a yearely account of itt to those thatt shalbe appoynted to receive the account. Itt is ordered thatt in the 2'' divisio every planter in the towne shall have for every hundred pound estate given in, twenty acres of vpland, and for every head two acres and a halfe. Mr. Craine is allowed 300' to his estate formerly given in, and Mr. Touttle to add 50' to his, provided thatt they pay all rates backward and forwarde, and if they remove, to sell noth- ing butt improvem^s. Itt is ordered thatt all the small lotts about the towne shall have 4 acres of planting ground to every lott, and an acre to every head layd out beyond the east river, betwixt o"" pasto" farme and the Indians wiggwams. Itt is ordered thatt Mr. James shall have his meadow att the lower end of the Neck, and bro: Andrewes shall have his meadow among the small lotts as itt shall fall by lott, in the Hand or Mill meadowes. Itt is granted to the 2 deacons to chuse where they shall have their farms, as neare as may be to the towne, thatt they may the better attend their office. Itt is ordered that Mr. Gregson shall ])e Truck ma"" of this towne for this yeare cnsueing, to truck w^h the Indians for venison, so as he may afforde to sell to the planters thatt have need att 30^ a pound, all together, good and bad, one w'h another. Itt is ordered thatt no English men thatt kills venison shall sell the fattest for above 3'' a pound, and the leane att 2'' "'\ 44 NEW HAVEN COLONY RECORDS. [1640 Itt is ordered thatt the causway to the neck shall be made forthw^i. Itt is ordered that wampam shall goe in this plantatio for 6 a peny. [18] A Court of Elections held att Newhaven the 29*^ OF 8 m: 1640. Bro: Perry, Andrew Hull, Will Peck, Goodm Shirman, Goodm Gibbs and Goodm Livermore were admitted members of the conrt. Mr. Eaton chosen magistrate againo. Mr. Rob* Newm, Mr. Gregson, Mr. Gilbert, and Captaine Turner chosen deputyes. Tho: Fugill chosen secretary. Robt Seely chosen marshall. Jer. Dixon allowed to add to his estate formerly given in, so much as will make itt 3 hundred pounds, so as he pay all rates for thatt estate backward and forward. Ben: Linge and Will Touttle are allowed to have their meadow where Mr. Eaton hath his first 500 acres, (viz) in the fresh meadows towards Totokett, and Mr. Craine is to have his allso there. Allowance is to be given in land to those thatt want of their proportio in their houslotts, 2 rod for one in the first divisio, and 3 for one in the 2'^ divisio. Itt is ordered thatt Tymo : Baldwins lott shall have land layd to itt for 6 heads & 500', and reserved for an elder. Itt is ordered that nott above 4 moneths shall be accounted for winter in workmens wages, provided thatt they improve 8 howers dilligently in worke every day when they expect to be payd for a dayes worke. Itt is ordered that if any workem take more then is appoynt- ed for worke and wages, he thatt gives itt and he thatt takes itt shall each of them pay a dayes worke fine, and the inform'' shall have the 4^'' p^ Itt is ordered thatt every one thatt comes after they )jeate 1640] NEW HAVEN COLONY RECOEDS. 45 the drum ye 2'' time, or come defective in armes on trayning dayes, shall pay 1^ fine, and for totall absence 5^ A Gen"^!! Court holden att Newh, the 4 of the 9*^ moneth 1640. Whereas Andrew Ward and Robt. Coe of Weathersfield were deputed l)y Weathersfield men, the 30"i of the 8*'' moneth comonly called October 1640, to treate w^h the court att Newhaven about the plantatio (lately purchased by the said towne*) called Toquams, w'^'' being considered of, itt was agreed vpon by the said court and ptyes aforesaid, that they shall have the said plantatio vpon these tearmes following. First, thatt they shall repay vnto the said towne of Newhave all the charges w^h they have disbursed about itt, w'^h comes to 33' as appeares by a note or scedule herevnto annexed. Secondly thatt they reserve a fift pt of the said plantatio to be disposed off att the appoyntm* of this court to such desireable psons as may be expected, or as God shall send hither, pro- vided that if w^hin one whole yeare such psons doe not come to fill vp those lotts so reserved, thatt then itt shall be free for the said people to nominate and present to this court some psons of their owne choyce w^h may fill up some of those lotts so reserved, if this court approve of them. Thirdly thatt they joyne in all poynts w'h this plantatio in the forme of goverm* here settled, according to the agreem^ betwixt this court and Mr. Samuell Eaton about the plantatio of Totokett. These articles being read together w^h Mr. Sam: Eatons agreem'^s [^ the hearing of the said partyes or deputyes, itt was accepted by them, and in witnes thereof they subscribed their names to the articles in the face of the court. * Capt. Turner as agent for the peoi^le of New Haven bought of Ponus Sagamore of Toquams, and of Wascussue Sagamore of Shippan, (the other Indians consenting thereto,) all the ground belonging to the said Sagamores, except a piece of ground which Ponus reserved for himself and the other Indians to plant upon, The considera- tion was 12 coats, 12 hoes, 12 hatchets, 12 glasses, 12 knives, 2 kettles, and foi;r fathoms of white wampum. The liberty of hunting and fishing on the land was re- served by the Indians. This agreement was signed on the first of July, 1640. Stamford Eec. B. p. 30. 46 NEW HAVEN COLONY RECORDS. [1640 Itt is ordered by the court that Goodm Quick shall give security here for the barke and his account to the owners ac- cording to their request to Mr. Eaton, and for thatt end the moneyes thatt are in the hands of Captaine Turner and Mr. Gregson, and should be payd to Weathersley, but layd clame vnto by the saide Quick, are to be detained till things be cleared betwixt them. Itt was ordered thatt Georg Badcock, servant to Mr. Eaton, shall serve out his time w'h his ma'' to the full end and tearme of six yeares (from his first comeing) according to his in- gagem^ as appeared l)y the testimony of John Mason and his owne confessio. [19] Edward Adams testified vpon oath thatt the note of informaco w^h he had form'^ly delivered into the court (con- cerning lime W^h Arther Halbidg hath delivered to the mill) is true, w^h when he had done, Arther Halbidge excepted against itt, thinking to prove the said Edward Adams a pjured pson. Butt Goodman Pigge, Rich: Beach and John Wake- field affirmed the truth of what Edward Adams had testified, (though the said Artur Holbidg did conceive they would have contradicted Edw: Adams his testimony), Itt was therefore ordered thatt the said Arther should pay two folde for all the want of measure thatt is charged vpo him and from hence forth take noe worke by the great, nor burne any lime to sell. Att the 2'^ OF Decemb: 1640. Thomas Franckland for drinking strong liquors to excess and entertaining disorderly psons into his cellar to drinking meetings, togeth w'h his contempt of the court, was whipped, fined 20% and deprived of his cellar and lott, his lott and lib- erty of staying in the plantatio l)cing onely granted to him vpoo his good bchavio''. Andrew Loe jun"" was whipped for breaking Ricliard ()sl)orne his cellar and stealing, & y' on the Sabotli, day. Itt was ordered thatt John Davis, servant to Mr. Wilks, should be whipped for his stuborne carryagc to his said ma"", 1640] NEW HAVEN COLONY RECORDS. 47 butt the executio of the sentence to be suspended for tryall of his future carryage. Itt was ordered that Mr, Wilks shall abate 2 moncths of the time W^li the said Joh : Davis should serve him, for vndue cor- recting him, strikeing him vpon the head w^i a hammer, he being vpo the top of a ladder. Itt was ordered y^ all thatt live in cellars and have famylyes shall have liberty for three moneths to provide for themselves, butt all single psons are to betake themselves forthw^h to some famylyes, except the magistrate see cause to respitt them for a time. Itt was ordered that Mr. Mouleno"" should give an accout to the next court for his pceedings att Totokett. Att a Court held att Newhaven the 6th of the ll^h M : 1640. Whereas there was a roap lent by Mr. Craine to John Tomp- son, Initt lost by Rob' Cogswell who tooke the charge of the boate in w^h itt was left, itt is therefore ordered thatt John Tompson shall make itt good to Mr. Craine, and Rob' Cogs- well shall satisfie John Tompson for itt. Itt is ordered that Mr. Mouleno"" shall be comaunded fro the court by the marshall to stay his proceedings att Totokett, inasmuch as whatt he hath done is disorderly and unwarran- tably, nott giveing any good account to this court though he have beene required so to doe. An inventory of Andrew Hulls delivered into the court. [20] A Gen""!' Court hold att Newhaven the 10'^ op the 1' MONETH [1640] Itt is ordered thatt all the meadowes belonging to this townew^h vpon pvicw the the deputies for the quarters thought meete thatt 8 acres for 7 should be layde out, (in way of allow- ance), now itt is to be abated, and thatt allowance w^h that, and proportions above that should have had, shall be for make- 48 NEW HAVEN COLONY RECORDS. [1640 ing thatt allowance W^h less proportions are appoynted, and worss mcaddow is appoynted to have, in • consideraco of the exceeding l)adnes of the meaddowes. And those that were deputed for the veiw are now to see all the meadowes layde out according to the true intent and meaning of this order ; swamps, ponds and creeks nott to be measured. Itt is ordered thatt all those who by lott shall have their meadow on this side brother Turners fearme, shall have the vpland thatt lyes against itt, or joyning to itt, and if thatt be nott enough to make vp their proportio for their second derisio, they shall have itt made up beyond, the west river, at the vttmost end of the Yorkshire quarter, among the small lotts. Itt is ordered thatt after 2 yeares next ensueing be expired, the neck shall be layd for pasture, and thatt all who plant or sow corne therein in the meantime shall secure itt themselves, whether there or elswhere, every one are to secure their owne corne, provided y^ none doe willfully or negligently trespasse w^h their cattell, and it is further ordered thatt after this yeare none shall plant Indian corne in the neck, butt onely sow itt w^h English. Itt is ordered thatt no mans inability or remisnes in fencing his part (in a gcnrii fence) shall hinder the improvem^ of land in any of the quarters, the major pt consenting. Itt is ordered thatt those thatt are intrusted in the townes busines shall lay out meadow and vpland for an inne. Itt is ordered thatt if any ma shoote either bulletts or smal- ler shott in the towne, or wUiin a quarter of a mile of the towne w^hout a call, shall pay 5« fine for every default. Itt is ordered thatt if any shall cutt a tree w^iout leave where the spruce masts grow, shall pay 20'^ fine for every default. Itt is ordered thatt if any take either wheele barrow, hand cart or paddles, or oares w'hout leave, shall pay five shillings fine. Itt is ordered thatt if any shall take boate or caunow wMiout leave, he shall pay 20^ fine, and whatt ever damage else may befall the owner for the want thereof. 1641] NEW HAVEN COLONY RECORDS. 49 Itt is ordered tliatt fire hooks shall be made for the com- mon vse of the towne, att a commo charge. AtT a MEETING ABOUT CASTING LOTTS FOR THE EAST MEAD- OWES AND THE MEADOWES IN THE MILL RIVER IT^'i 1^ MON : 1641 Itt is agreed thatt the small lotts shall begin att the great rock on the farre side of the mill river, and so come downe, towards the sea, and then begin att the lower end of the farrc side of the iland in the East river, and so come downe againe on the hither side, and if there shall fall out to be some small pportio w^h will not amount to the quantity of him whose lott falls last in the Mill river, itt shall be in his choyce w^her he will have itt, yea or no. Itt is allso agreed thatt in the East meadowes the first lott shall begin att the neck on the hither side of the river, and so goe on in order to the vper end so farr as there is meadow, and then begin att o"" pasto''^ farme, and so goe vp againe on the other side so farr as there is meadow, and whosoeu'" Ijy lott falls next to the farmes thatt are layd out by choyce, if there be not their proportio there, they must take the rest where itt falls next in order beyond them. Itt is ordered thatt Thomas Fugill shall have the Iland in the mill river for his pportio, he being willing to have it when others refused it because itt was bad. [21] Itt is o[rdered that those] in the neck sha[ll] fence [ ] against [ ] dow tha[ ]ney thatt owe the meadow will fence itt in from the como. The name[s of those w]ho are to have their meadow in the East meadow, as their lotts were cast. 1 Mrs. Higginson 6 Mr. Evance 2 Mr. Attwater 7 John Ponderson 3 Mr. Pocock 8 Mr. Lucas 4 Goodma Nash 9 Thomas Fugill 5 Mr. Craine 10 Edw : Wiglseworth 7 60 NEW HAVEN COLONY RECOKDS. [1641 11 Richard Perry 12 Mr. Constable* 13 Mr. Browning 14 Mr. Marshall 15 David Yale 16 Mr. Brewster 17 Bro : Jer : Dixon 18 John Johnson 19 Mr. Mayers 20 An Elders lott 21 Mr. Roe - 22 Mr. Dermer 23 John Chapman 24 Mr. Francis Newman 25 Mr. Malbon 26 Mrs. Eldred 27 Mr. Samuell Eaton 28 Mr. Tench one y^ Island. The names of those who are to have their meadow in Mil- meadow and the Hand in the East River, as their lotts were cast in order. 7 Wid : Greene 13 Joh : Coop 8 Wid : Williames 14 Will Thorpe 9 Tho : Kimberley 15 Mrs. Eaton 10 Robt Hill 16 Mr. Pearce 11 Jarvis Boykin 17 Mr. Yale 12 Andrew Loe The land for the small lotts on ye bankc side and by yc west creeke was appoyntcd to.be layd out, as their lotts were drawnc in order as followeth.t 1 John Benham 2 Mr. Cheeuers 3 Tho Powell 4 Abraham Bell 5 "Will Andrcwes 6 Rich : Becklcy 1 Steven Metcalfe 2 Adam Nicolls 3 Nath : ]\Ierryman 4 John Tompson 5 Bro : Kimberleys bro 6 John Nash 7 Mrs. Swinrton 8 Goodma Davis 9 Rich : Newm Tho: Mitchell Tho: Morris Goodm Peck Another lott Goodm Hamcs Goodm Dig'hton'^'' Good Pigge 17 Francis Browne George Larrymo"" Tho: Beam' Tho : Leaver John Vincent Joh : Hall Will Russells Christopher Tod * Was this Sir William Constable who as JIather B. iii, chap, xiii, 6, informs us pro- posed to come to New Euglaud with Rev. Ezckiel Rogers? We learn from Winthrop i, 294, that the New Haven gentlemen labored b}' all means to draw Mr. Rogers and his company to them. t In the marsrin. " Tho order for it is in fo : 17 and in 27." 1641] NEW HAVEN COLONY RECORDS. 51 25 Thomas Mounsoii A brickmaker Ben : Willmott Obadiali Barnes Joh : Walker Eliz : the washer Ben: Pauhns; WiH Gibbons Att a Court helde att Newhaven the T'l' op the 2'' Mon : 1640*. John Reader was fined 40^ for breakeing the order of the Conrt in exacting greater wages (then the Conrt liad deter- mined,) for 20 dayes worl<;e W'h he confessed lie had received mony for. John Thomas was fined 1^ for neglecting his watch. Susanna Man, servant to Mr. Goodyearc, haveing accused John Thomas for stealing a peece of stuff, valued att S^ 6". she now confessed thatt she had slaundered him, and said thatt God had given her oner to the Devill to make her lye, where- vpon it was ordered thatt she should pay to her ma"" douljle the price of the stuff as the said Joh : Thomas should have done if he hadbeene guilty, according to the law of God in thatt case. [22] A Gen""!! Court holden att Newha[ven ] 3'' Mon 164 [1] Mr. Goodyeare, Mr. Gregson, Mr. Newm and Mr. Gilbert chosen deputyes for the halfe yeare next ensueing. Mr. Gregson was chosen Treasurer to receive the yearcly rates and keep accounts of all disbursem'^'^ vpon all necessary occasions for the como affayrcs of the towne. Bro : Pecke chosen measurer for the towne to fill and strike all the corne thatt comes into the plantatio from other places, for w^h he is to have 6'^ for every score bushells w*^li he measureth, an a halfe peny for every bushell vnder teniie bushells, the one halfe to be payd by the buyer, and the other halfe by the seller. * I presume this should be 1641. 52 NEW HAVEN COLONY RECORDS. [1641 Itt is ordered thatt all those tliatt have hoggs shall drive them from the plantatio about 5 miles fro the towne, and haunt them forth ahroade, neuerthelesse every one is to endeuo*" to secure their corne by sufficient fences. Itt is ordered thatt the clay pitts shalbe layd out as como, as itt was first intended, and what charge of fencing Goodman Mansfield or others shalbe att extraordinary by thatt meanes, the towne is to beare itt in gen''^'. Itt is ordered thatt Mr. Goodyeare shall have his vpland (w^h he is to have in the 2'^ divisio,) in a place w^'h he hath chosen beyond the west rocks. Itt is ordered thatt those who should have a pt of their vpland on the right hand of the mill way (betwixt itt and the river where the land fall narrow,) butt leave itt, shall have their pportio made up beyond the rocks w^hout the 2 miles compasse. Itt is ordered thatt every house in the towne shall have a ladder (in length to sute the height of their chimney,) w*liin 5 weeks, to stand ready by their houses, vnder the penality of 5s fine. An inventory and will of olde father Shirmans was delivered into the Court. Itt is ordered thatt every quarter thatt would fence their land in the Neck, they may have liberty so to doe, provided thatt they doe itt att their owne charge, and leave out the springs for the cattle to drinke att wheresoever any fall w^hin the bounds of the neck. Itt is ordered thatt the rates of wares and worke as they were p^sented to the Court by the magistrate shall be settled and be in force in this plantatio as folio weth, [23] Rates Itt is ordered thatt seaven howers shall be accounted a dayes worke for a teame, if thatt whole time l)e dilligently improved in worke according to the nature of thatt imploym^ and the hyer for a stcere by the day 9"^, for a growne oxe or bull 12'', for a horse or mare le^, for cart furniture and man 0''. For ma"" carpenters, joyners, plasterers, Ijricklaycrs, mowers. 1641] NEW HAVEN COLONY RECORDS. 53 cowpers, thatchers, ryvers of clapboards, pailes, shingles, lathes and the like callings which require skill and strength, nott above 2^ in somer and 20'' in winter. Butt others of the same trades or callings, nott allowed ma"" workemen, nott above 20^1 in sommer and 16^ in winter. Plaisterers, haymakers, fellers of timber, those thatt cross- cutt timber, and all sorts of laboi^ers experienced and dilligent in their way, improveing time as above, in som"" nott above 18'!, in winter nott above 14^1. Vnskillfull negligent labo''ers, and boyes, both in som'' and winter in severall imploym^^ according to the service they doe, w^h when any doubt ariseth shalbe judged by able and indifferent. Boates of severall sorts, the whole tyde being dilli'gently im- proved, according to the na"" of that imploym*. The man by the tyde nott above 16''. A lighter of 16 tunne w^h sale boate or cannow, nott above 2^. A lighter of 12 tunne 20''. A shal- lop of 4 tunne 8'', and so in respective proportio, butt in such raines or stormes that goods cannott be laden or vnladen wthout spoyling, nor the boate stirre though the tyde serve, no payment to be required for the boate in such tydes, though the man be payd while he attends the service. "Worke taken by the greate, sawing by the hundred to be payd for no more then is cutt full & true measure, boards nott above 3^ S*!, planks 4% slit worke 4^ G^. When men saw by the day, the top man or he whose skill guides the worke, and phaps fmdes the tooles, in som^ and winter respectively as ma"" workmen, and the pitt man as vnskillfull or nott approved mai" workmen, and if they be equall in skill and charg, then to devide the wages, w^h shall be 22'' a peece in somer and 18'' in winter. Felling of timber, thatt W^h is full 2 foote over and one wUi another nott above 2 pence halfe peny, lesser sorts of timber full 18 inches over, and vnder 2 foote, three halfe pence p foote, all other trees of lesser size then 18 inches over, either by dayes wages as laboi'ers or as shall be reasonably agreed. Hewing and squareing timber of several sizes one w^h anoth- er, butt the least 15 inches square, well done thatt a kerfe or 54 NEW HAVEN COLONY RECORDS. [1641 plaiike of 2 inches thick being taken off on 2 sides the rest may remaine square for boards or otlier vse, by the tunne, girt measure 15*', and for timber more sleightly hewen a lesse price in proportio. Sills, beames, plates or such like timber hewen square to build w'h, running measure, by the foote nott above 3 farthings. Mowing well done, w^h vpon quest, is to be judged by other skillfull mowers, salt marsh by the acre nott above 3^ 6*^, fresh by the acre nott above 3^ Fencing w^h pales, as house lotts are now done, for felling & clcaveing posts and rales, cross cutting, hewing, mortising, digging holes, setting vp, well raming the posts and nailing on the pailes, by the rod, all the worke being well and sufficiently done in every pt appertaining to itt, IS*!, butt if the worke in any pt be defective, the price to be abated answerably, and thatt to be judged by indifferent men and honest workmen, and so in all other fencing w^h posts and rales as below. Fencing w^h 5 rales, strong and substantiall posts and rales att least of sizes expressed below, the posts sett two foote and a halfe in the ground, well wrought, sett up, and well rammed so thatt pigs, goates and all other cattell may be kept out, by the rod nott above IS'^. [24] Fencing wUi 3 rales, such stuff", workmanship as w^h 5 rales, nott above 14'^, substantiall and strong posts, 7 foote and a halfe long, 12 inches broade and 4 inches thick att least where they are felled and cloven, by the hundred 7^ Sub- stantiall and strong rales 11 foote long, some of them 9 inches broade, some 7, some 9 inches, butt the least, in the smallest pt nott lesse then 5 inches broad, and all of such a thicknes as thatt they may be strong and lasting, proportionably sorted of all the forcnamcd sizes, by the hundred, nott above 5^ 6^. Inch l)oards solde in the woods by the hundred nott above 4^ 8^1, halfe inch board 4^ 2^, and 2 inch planke 5^ 6'^ p hundred. Inch board solde in the towne 6% halfe inch boards 5% planke 8^ 6'^ p hundred. Sawen timber. 6 inches broade 3 inches thick, in the towne l)y the foote runing measure nott above 3 farthings, 8 inches square soulde as before nott above 1^ °^ a foote. 1641] NEW HAVEN COLONY RECORDS. 55 Clapboards solde in the woods, good stuff 6 foote long 3^ 4*^ 5 foote long 2« 10''. Pales 6 foote long 3s [5 foote 2— 8,| 5 foote 2^^ 4''. Hewing and naleing clapboards on roofes and sides of houses well done, nott above 4^ p hundred, butt as most are done nott worth above 2^ or 2^ 6<^, therefore if any questio arise, the worke to be rated and judged liy indifferent men. Shingle, good stuff | inches thick, some six, some seaven, some eight inches broad, sorted in the woods, being 3 foote long 2^ p hundred ; 2 foote long 18 of February, 1641, John Wakeman a planter and member of this church acquainted the magistrates thatt a sow of his w^h he had lately bought of Hen : Browning, then w'h pigge, had now brought among divers liveing and rightly shaped pigs, one pdigious monster, w^h he then brought w^li him to be veiwed and considered. The monster was come to 1641] NEW HAVEN COLONY RECORDS. 63 the full growth as the other piggs for ought could be discerned, butt brought forth dead. Itt had no liaire on the whole body, the skin was very tender, and of a reddish white coUour like a childs; the head most straing, itt had butt one eye in the midle of the face, and thatt large and open, like some blem- ished eye of a man; over the eye, in the bottome of the fore- heade Wh was like a childes, a thing of flesh grew forth and hung downe, itt was hollow, and like a mans instrumt of gen^ation. A nose, mouth and chinne deformed, butt nott much vnlike a childs, the neck and eares had allso such resemblance. This monster being after opened and compared w'li a pig of the same farrow, there was an aparant difference in all the inwards. Some hand of God appeared in an impi'ssion upon Goodwife Wakemans speritt, sadly expecting, though she knew nott why, some strange accedent in thatt sows pigging, and a strange imp'"ssion was allso upon many thatt saw the monster, (therein guided by the neare resemblance of the eye,) that one George Spencer, late servant to the said Henry Browning, had beene actor in unnatureall and abominable filthynes w^h the sow, thus divers upon the first sight, ex- pressed their apprehensions w^hout any knowledge whatt con- jecture others had made. The foremenconed George Spencer so suspected hath butt one eye for vse, the other hath (as itt is called) a pearle in itt, is whitish & deformed, and his deformed eye being beheld and compard together w'h the eye of the monster, seamed to be as like as the eye in the glass to the eye in the face ; the man had beene form^ly notorious in the plantatio for a propliane, lying, scoffing and lewd speritt, as was testfyed to his face, butt being examined concerning this al)ominatio, att first he said he had nott done itt thatt he knew off, then denyed itt, butt being comitted to prison, partly on strong probabilities of this fact, and ptly for other miscar- riages, the same evening, being the 24'^h Qf February as above, Mr. Goodyeare, one of the magistrates, went to the prison, found Sam: Martin and another yong man talking w'h the said Georg Spencer, he asked him if he had nott comitted thatt abominable filthynes w4i the sow, the prison^ att first denyed itt. Mr. Goodyeare asked him whatt he thought of 64 NEW HAVEN COLONY RECORDS. [1641 the monster w^h had beeiie shewed him, whether he did not take notice of something in itt like him, the prison"" after a little pause asked the magistrate whose sow itt was, who re- plyed, he knew best himselfe, att w^h the prison'' was againe silent, the magistrate apprehending in the prisoner some re- lenting, as a preparatio to confession, remembred him of thatt place of scripture, he thatt hideth his sin shall not prosper, butt he y' confesseth and forsaketh his sins shall finde mercie, and asked him if he were nott sory he had deuyed the fact wh. seemed to be witnessed fro heaven agst him. The p^'son'" answered he was sory and confessed he had done itt, butt as Mr. Goodyeare was going away, the p^son"" tolde Sam : Martin what he had confessed to Mr. Goodyeare was for fauo"", there- upon Sam : Martin called Mr. Goodyeare back. Mr. Goodyeare retourning, asked the prison"" if he said soe, who said no, affiring yt Sam: Martin mistook him, Mr. Goodyeare de- maunded of him whether had comitted the fact yea or no, he answered he had done itt, and so Mr. Goodyeare departed. The 25th of Febr. ItUl, both the magistrates w'h divers others went to the prison to speake w'h the prisoner, wished him to give glory to God, in a free confessio of his sin, he againe confest the bestiality before men coned, said he had comitted itt while he was in Mr. Brownmgs service, and in a hogstie of his ; yett Mr. Goodyeare after going to him, he att first denycd the fact, but Rob' Seely the marshall thereupon minding him of w' he had confest to him, he againe freely confessed the fact, butt said he had nott done itt in the stye w^h Mr. Goodyeare spake off, butt in a stye w'hin a stable be- longing to Mr. Browning. And thatt he, the said Geo : Spen- cer being there att workc, the sow came into the stable, and then the temptatio and his corrupti(3 did worke, and he drove tlie sow into the stye, and then comitted thatt filthynes. The 2Gt'' of Feb: Mr. Eaton and Mr. Davenport going to speake w4i the prisoner, Mr. Goodyeare came to them and in the presence of Goodman Mansfield, Will Newma, Tho: Yale, Theophilus Iligginson, Joh : Brocktt and others, questioned him more perticularly concerlng the beastiality, namely liow long the temptatio had beenc upon his spcritt before he comit- 1641] NEW HAVEN COLONY RECORDS. 65 ted itt ; he answered itt had beene upon his speritt 2 or 3 dayes before ; being asked w^ workings he had w'^hin him att thatt time, he said he found some workings against itt, botli fro the haynousnes of the sin and the loathsomenes of the creature ; be- ing asked whether he did nott in thatt time seeke help fro God against tlie temptatio, he said no, if he liad he thought God would have helped him ; being asked whether he did nott vse to pray to God, he answered he had not since he came to New England w<^h was betweene 4 or 5 yeares agoe, in Engl [and] he did vse to pray, butt itt was onely in his bed ; being asked in w*^ manner, he answered [he] said (Our Father &c) ; being asked whether he did nott read the scriptures he answerc[d] his mar p^tt him upon itt else nott, being asked whether he [30] found nott some workinge [upon hmi] \\ in the publique ministry, he answered sometimes he had some workings, butt they did nott abide w*h him, being asked how long he was in the stye w*h the sow, he said about 2 bowers ; being asked about w' time, he said about 6 a clock in the evening, when the sun was sett, and the day light almost shutt in ; being asked w* itt was in the monster thatt did aifect him, he an- swered the whitnes in the eye ; being charged fro the testimo- ny Wh had beene given by sundry person who had conversed w*h him, wt^h a prophaine, atheisticall carryag, in unfaithfull- nes and stubornes to his ma% a course of notorious lying, filthnes, scoffing att the ordinances, wayes and people of God, he confest miscarryages to his mai", and lying, and thatt he had scoffed att the Lords day, calling itt the Ladyes day, butt denyed other scoffing, wicked and bitter speeches witnessed against him, and other form"" acts of filthynes, either with In- dians or English, w^h out of his owne mouth were charged upon him. On the Lords day, being the 27'^ of Feb: he caused a bill to be putt up, intreating the prayers of the church to God on his behalfe, for the pardon of the sinns he had com- mitted, and confessed, professing he was sory he had greived the magistrates in denying itt, acknowledging thatt Satan had hardened his hart both comitt and denye it. 9 66 NEW HAVEN COLONY RECOEDS. [1641 Att a GENfii Court held att Newhaven the 2'^ of March 1641. . George Spencer being brought to the Barr and charged as wUi other crimes so w4i the foremenconed beastiality, and the monster shewed, upon W^h God from heaven seamed both to stamp out the sin, and as w^h his finger to single out the actor; being wisht therefore, as he had done before many witt- nesses formerly, so againe, by confessio to give glory to God ; butt he impudently and w'h desperate imprecation against himselfe denyed all thatt he had formerly confessed, where- upon the form"" perticulars were fully testified in open Court to the prison" face by the persons before menconed respective- ly, and other testimonyes was added, namely, Rob* Seely the Marshall affirmed thatt the prison"" did dictate to him the foremenconed bill by w^h he desired the prayers of the church for the pardon of thatt beastiality, professing therein thatt Satan had sometimes hardened his hart to deny itt, and yt on the Lords day att night after he had heard himselfe prayed for in the congregatio, he againe confessed the fact to him, and seamed to be greived for the sinne, and some teares fell from the prison ""^ eyes greiving as he said thatt he had denyed itt. Ezechiell Cheevers aftirmeth thatt the next morning after the aforesaid Saboth, being the 28 of Feb: the said Georg Spencer tolde him thatt he founde his hart more softned then itt had l)eene, and thatt the Lord had given him a sight of his sinne, and he hoped he would lett him see itt more. Richard Malbon affirmed thatt the prison'' confessed the fact to him in the p''sence of Tho : Yale and "Will Newma, and added thatt if he had nott confessed itt, yett itt was true, and God knew itt though he should denye itt, and the said Richard Malbon att another time turned him to thatt scripture Livit 20. 15. ad bid him make apply catio of itt to the marshall whom he left w^h him, the marshall affirmeth thatt when the said Rich: Malbon was gone, the prisoner tolde him thatt thatt scripture stroke like a dagger to his hart. Will Harding, a sawyer, and one thatt was suspected by some in Court to have given the prisoner evill councell, testi- 1641] NEW HAVEN COLONY RECOEDS. 67 fyed to the prisoners face in Court, tliatt the prison^" had said to him the said Harding thatt Thomas Badgers sin was worse then his, for Badger lay w'h a Christian, butt himselfe the prisoner, lay butt w'h a rotten sow, and the p^sonr being then asked by him the said Harding, how he could make the sow stand, ho answered well enough, & being asked when he did comitt the sin, he answ^ he did itt since he came from Con- nectecutt. Will Aspenall affirmeth thatt he confessed the sinne to him, and being asked att whatt time he did itt, he said after he came from Connectecutt, in Mr. Brownings stable. Will Aspenall objected how could thatt be, seeing he was nott then in Mr. Brownings service, he said he had busines there ; being asked whatt busines,' he was silent. Will Bladen testified thatt the prisoner confessed the sinne to him, being asked if he did itt butt once, the prisoner an- swered he had done itt butt once ; to this testimony the pris- oner replyed in Court, Itt is true Will, thou hast cleared thy- selfe. Robt Newman and Mathew Gilljert testified thatt the pris- oner did confess itt to them, they asked how his conscience wrought while he was acting itt, and whatt pleasure he founde, and how long he was acting itt, he answered about- halfe an bower, and itt was the most terrible halfe hower thatt ever he had, they asked how he could doe itt if he had no pleasure in itt, he answered he was driven by the power of the devill and the strength of his [corr]uptio to doe the thing. [31] II John Clarke testified thatt he had beene w'h the said Georg Spencer in prison, and asked him whether he did comitt thatt sin of beastiality charged upon him, the prisoner answ*^ yea; he the said John Clarke asked him againe, butt did you doe itt, he answered I did doe itt ; againe John Clarke asked him, butt did you doe itt, he answered the third time, he did doe itt. John Clarke replyed, though there were none thatt knew of it butt yo^ owne selfe, and thatt yo"" confessio might prove dangerous to you, yett would you confess itt, he an- swered thatt he did doe itt. John Clarke asked him, if he were not drawne to confess itt in hope of favo"", and said did 68 NEW HAVEN COLONY RECORDS. [1641 you doe itt, he answered he did doe itt ; then John Clarke asked him, why he had denyed itt to the magistrates, tlie pris- oner answered thatt he had nott denyed itt to the magistrates, butt onely said he did nott know thatt he did itt. John Clarke asked him why he did now confess itt, he answered because he did doe itt. Roger Alen testified thatt he was pi'sent when the former discourse passed betwixt John Clarke and the prisoner, and thatt he the said Roger Alen asked the prisoner why he con- fessed the fact, he answered because he did doe itt, and the monster was like him. Roger Alen further testified thatt the prisoner sent for him, as one he knew in olde England and thatt knew his friends, and, as the prison"" said, w^h a purpose to deny the fact, yett when the said Roger Allen came, the prisoner rcconed up many sins of W^h he was guilty, against his parents and against his maister, and att last named this abominable fact w^h he wondered att, having sent for him w4i a contrary purpose. Rob* Ceely the Marshall added to his former testimony, thatt having in prison heard the said George Spencer deny the fact after so many confessions, and after he had intreatcd the prayers of the church for the pardon of thatt perticular sinne, the said Robert Seely asked him, how he durst mock God in putting up a bill desiring the congregatio to pray for the pardon of thatt sinne W^h now he denyeth. The prisoner, after some pause, confessed to him thatt he did comitt the fact, and desired him to looke upon him as one acted by the devill in denying itt. This clearc and plentifuU testimony and evidence being given in Court to the prisoners face, out of his owne mouth, thatt he had freely and often confest the the fact w^li the scir- cumstances and his confession concurring w'h the worke of God, as itt were poynting him out in the monster, the prison*" was asked whatt he had to say against the wittnesses, or against their testimony, he answered thatt the witnesses did him wrong, and charged things upon him w^li he had nott spoken. "Whereupon the Court, (though aboundantly satisfied in the evidence, and the prisoner having att sundry times upon ex- aminatio confest the fact to the magistrates,) yett began to 1642] NEW HAVEN COLONY RECOEDS. 69 examine the witnesses upon oath. Whereupon Robert New- man, Mathew Gilbert, John Clarke and Roger Alen upon oath did confirme the evidence they had before given, and others were ready to doe the like, butt the prisoner stopped the course, confessing what they had testified was true, and by him had beene spoken to them, yett obstinately and impudent- ly persisted to deny the fact. The Court, weighing the premises did finde and conclude the prisoner to be guilty of this unnatureall and abominable fact of beastiality, and thatt he was acted by a lying speritt in his denyalls. And according to the fundamentall agreem'^, made and published by full and gen""'' consent, when the plan- tatio began and government was settled, that the judiciall law of God given by Moses and expounded in other parts of scripture, so far as itt is a hedg and a fence to the morrall law, and neither ceremoniall nor tipicall, nor had any referrence to Canaan, hath an everlasting equity in itt, and should be the rule of their proceedings. They ju.dged the crime cappitall, and thatt the prisoner and the sow, according to Levit. 20 and 15, should be put to death,* butt the time of executio, and the kinde of death were respited till the next Gen""!! Court. [Page 32 of the original is blank.] ^ [33] A Gen''11 Court the 6th qf the 2*i Moneth, 1642. Brother Davis and bro : John Nash admitted members of the Court and accepted the charge of freemen. Mr. Mitchell and John Whitmore of Rippowams was allso admitted members of this Co^t, and accepted the charge of freemen. Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakeman chosen deputyes for the halfe yeare next ensueing. The plantatio of Rippowams is named Stamforde. Whereas the Deputyes for Stamforde complaine thatt their plantatio are att some difference w^h the Indians, and there- * It would appear from Winthrop, H. 61, that he was not condemned to death without advice from Massachusetts, and some other places. 70 NEW HAVEN COLONY EECORDS. [1642 fore require help of advice fro this Court how to carry towards them, Itt is therefore ordered, thatt the magistrates and dep- utyes for this plantatio shall advise w^h the aforesaid deputyes of Stamforde whatt course may hest conduce to their peace and safety. John Touttle of Yennycok, deputed by the Court to be con- stable to order the afFayres of thatt plantatio, the time being, till some further course be taken by this Court, for the settling a magistracie there according to God. Itt is ordered thatt every planter shall pay the drumer his last yeares wages forthwUi (viz) 6^ a peece for every one thatt is in the watches, and his wages due to him for this yearc to be payd in October next ensueing. Itt is ordered that Mr. Malbon shall order the watches and all the martiall afifayres of this plantatio dureiug Captaine Turners absence. Itt is ordered thatt every first Wednesday in Aprill and every Wednesday in the last whole weeke in October shall be a Genrii Court held att Newhaven for the plantations in com- bination "w^h this towne. Itt is ordered that from hence forwarde the woods and meadowes^hall be burned the tenth of March every yeare, and therefore every man is to take care to secure any thing thatt is his, w^h may be in danger of burning, either in the woods or meadowes. Itt is ordered thatt no yong men shall live by themselves in cellars, butt betake themselves to such famylyes as the ma^^^ thereof may nott onely watch over them, butt be able to give and account of or concerning them or their conversatio when they shall be required. George Spencer, the prisoner, being brought forth, was de- maunded whether he would yett give glory to God in owning his guilt in thatt loathsome sin of beastiality wherein God from heaven had seemed to single him out, and himselfe so often, and before so many witnesses had made acknowledgm*, butt he retayning his form"" obstinacie, peremtorily denyed itt, whereupon Rob* Newman and John Clarke gave in evidence in Court to his face, thatt since he was sentenced to dye, he 1642] NEW HAVEN COLONY RECORDS. 71 had fully confessed the fact to them. Att first he denyed thatt he had so done, butt they minding him of the passages betwixt him and them, he said thatt if he had confessed itt he knew nott whatt he said, butt after a while, he acknowledged thatt he had confessed itt to them, being asked in Court, why he did now deny itt, he answered, because he neither knew heaven nor hell. Ezechiell Cheevers testified thatt the prisoner had confessed the fact to him since he was condemned to dye, and did allso professe to him att the same time thatt he would neur denye it againe while he lived. The said Ezekiell asked him, what people might thinke of him if he should deny itt againe, if they might nott justly thinke he was led by the devill, he an- swered, they could thinke no lesse, and added, the Lord might justly have strucken him dead form^ly, or might have caused the earth to have swallowed him upp quick for denying the fact in Court, and taking the name of God in vaine, in kneel- ing downe and calling God to witness his innocencie, when he himselfe knew his guiltiness, all w^h the prisoner acknowl- edged he had spoken to Ezekiell Cheevers. [34] II Francis Church testified thatt the prisoner had con- fessed the fact to him since he was condemned, and tolde him thatt he wondred thatt the people of God did nott come to him, and thatt he feared there was no hope of him, because the people of God did not speake to him as form'"ly they had done. The prisoner acknowledged in Court thatt he had confessed the fact to Francis Church, though he had formerly oft de- nyed itt, and further confesseth, that Will Harding, a sawyer, had given him c\ill councell to denye itt. Being hereupon demaunded in Court whether he would yett give glory to God in a free acknowledgm^ of his sinfull and abominable filthynes in the beastiality before named, he answered he would leave itt to God, adding thatt he had con- demned himselfe by his former confessions. The Court seriously considering the clearnes of the testi- monyes together w^h his answers, were aboundantly satisfied and confirmed, both concerning his guilt, and their form'" sen- 72 NEW HAVEN COLONY RECORDS. [1642 tence against him, and now proceeded to determine whatt time, and what kinde of death he should dye. Itt was there- fore by gen^"!! consent concluded and adjudged, thatt on the 6'h day next, being the 8 of Aprill, he the said Georg Spencer shall be hanged upon a gallows till he be dead, the place to be the farthest part of the feild called the Oyster-shell field, by the sea side, butt thatt first, the foremenconed sow att the said place of executio shall be slaine in his sight, being run through w4i a sworde. The 8th of Aprill, 1642. The day of executio being come, Georg Spencer the prisoner was brought to the place apoynted by the Court for executio, in a cart ; upon sight of the gallowes he seemed to be much amazed and trembled, after some pause he began to speake to the youths about him, exorting them all to take warning by his example how they neglect and dispise the meanes of Grace, and their soules good as he had done, in the educatio he had from his parents, the goverm' of his religious ma'', and the publique ministry he had lived vnder, by all w^^h he might have gott much sperituall good, butt thatt his hart was har- dened. In perticular he directed and pressed his exhort, upon Anthony Stevens, sei^vant to Mr. Malbon, then present, who being discontented w^h his condico, as the prisoner had heard, purposed to be gone from this place. He tolde him if he went from the ordinances he went from Christ, as he had heard itt delivered in publique, and many other wordes he vsed to the same purpose ; w^li being finished, he was advised to improve the small remainder of his time in the acknowledgm* of his owne form'" sinfull miscarriages, together w^li the abominable lewdnes he had committed w'h the sow there present, and his desperate obstinacie in such fearefuU denyalls after such cleare and full confession as he had oft made before sundry wit- nesses. Att first w^h the acknowledgment of sundry evills, both in his yonger-yeares, and in his late service, he joyned a denyall of liis fact, butt the halter being fastened to the gal- lowes, and fitted to liis neck, and being tolde it was an ill time 1642] NEW HAVEN COLONY RECORDS. 73 now to pvoke God when he was falling into his hands, as a righteous and seveere judge who had vengeanc att hand for all his other sins, so for his impudency and atheisme, he justified the sentence as righteous, and fully confessed the beastiality in all the scircumstances, according to the evidence in Court, and called for one Will Harding, a sawyer there present, who coming neare, the prisoner charged upon him the murder of his soule, affirming thatt the said William Harding coming into the prison to him, had given him councell to deny the fact, and had tolde him thatt the Court could nott proceed against him, butt by his owne confession, W^h pernicious councell had stopped his eare against all wholsome councell and advice thatt had, from time to time, beene given him, both by Mr. Davenport and others, for his sperituall good, and had hardened his hart to such a pcremtory denyall in Court, though he had so often confessed the fact more privately, and though executio had beene respited betwixt 5 and 6 weeks [35] after the || first sentence, and his life so long spared, yett the councell of the said Harding had beene a meanes to hinder his repentance, and now he was ready to dye, and knew no other butt he must goe presently to hell. Harding denyed whatt the prisoner charged him w^h, butt the prisoner w^h earnestnes confirmed whatt he had spoken, and said he would beare witness of itt to the death, and wished Harding to thinke of itt, for he was a cause of his souls damnatio. Being desired to express somthing what apprehensions he had of the hay- nousnes of his sin, as against God, and whatt impressions of sorrow were wrought in him for itt, and whatt desires of par- don and mercie in Jesus Christ, he could not, though much pressed, be drawne to speake a word to any of those purposes, and in this frame for ought could be discerned, the sow being first slaine in his sight, he ended his course here, God opening his mouth before his death, to give him the glory of his right- ousnes, to the full satisfactio of all then p^sent, butt in other respects leaving him a terrible example of divine justice and wrath. 10 74 NEW HAVEN COLONY RECORDS. [1642 [36] Att a Court held att Newhaven the 4th of the 3^ MoNETH, 1642: Itt is ordered thatt the watches shall be settled forthw^h, consisting of 31 watches, 7 men to each watch, the ma" whereof receiTcd their charge given by the magistrates. Itt is ordered thatt Mr. Evance shall have the 2 trees w^h stands before his house, in lew of 2 peeces of timber thatt brother Andrews had of his about the meeting house. Twoof bro: Wakemans men is excused fro watching for the present, because of their imploym' att Pawgasett. Att a Court held att Newhaven the It. of June 1642. Itt was propounded by the owners of the mill to the Courts consideratio whether the towne will take itt into their hands, or establish itt in the place and psons hands where it is. Mr. Pearce, being ma"" of a watch and neglecting to order his watch according to his charge, was onely admonished, because itt was the first time that he hath transgressed the order in that kinde. A Court held the 5* day of the 6*. Moneth 1642. "Whereas some goods of Mr. Broadstreets and Mr. Saltings- tons were left here by Goodman Quick , Mr. Loudlow desired to have an attachm* entred agst the said goods for one debt of three pounds and another debt of twenty & two pounds, of W^h the Court tooke notice, butt demurred in granting the attachm*. Itt is ordered thatt if att any time one of the watches be broake, and the watchmen devided into severall watches, the captaine shall give warning (to those mai's whome itt con- cernes) of the alteratio, least there be mistaks as formi'ly. Itt is ordered that if any souldier come late on trayning dayes, he shall show himselfe to the clarke of the company, who is to take notice of his comeing, or else his late comeing shall be counted as totall absence. 1642] NEW HAVEN COLONY EECOEDS. 75 Josuali Attwater, by reason of his weaknes, is excused from traying, yett to serve as clarke to the company ; he is content- ed on trayning dayes to take the names of the souldiers, and to observe who is absent or defective and p^sent them to the Court, and for that end, he is to call the company att 7 a clock every traying day. Itt is ordered that fro hence forwarde none of the watch- men shall have liberty to sleep dureing the watch, Itt is ordered thatt on trayning dayes, one man shall stay at home in every farme house, to prevent such danger as may happen or fall out at the farms if none should be left to keepe them. Richard Beach for nott perforing covenant in the worke w<^h he undertooke to doe att the mill, w<=li he was to doe strongly and substantially, butt did itt weakely and sleightly as was ivas proved by the testimony of John Wakefield the miller, himselfe allso nott denying itt ; Itt was ordered that he should make good the damage, butt because the damage is not justly known what itt is, Mr. Goodyeare and Mr. Gregson are to [ve]iw the worke, and consider off and sett downe the damage by his [defec]tive workmanship. [37] II Goodman Barker, for neglecting to watch, was fined five shillings, and his man for comeing to watch w'hout ponder fined Is. Samuell, servant to Edward Chipperfield, for comeing to watch w*h his armes defective, was fined 2^. Mr. Evance is spared fro personall trayning, provided thatt he finde a man in his roome, or else pay to the company a man's hyre every trayning day. A difference betweene Mr. Evance and Goodm Mead is re- ferred to Mr. Gilbert and Mr. Gregson w^h the consent of both ptyes. Samuell Hoskings and Elizabeth,* for their filthy dalliance together, w^h was confessed by them both, they were both severely whipped. * In the margin, " Hoskins and his wife." 76 NEW HAVEN COLONY RECORDS. [1642 A Gen''11 Court held att Newhaven the 6th of the 6 moneth 1642. Brother Abbott and brother Whitehead admitted members of the Court and received the charge of freemen. Robt Ceely chosen leweten^ of the trayned band, & Fran : Newma ancient. Bro: Andrewes, bro : Momison, bro: Clarke and Goodman Jeffrey es was chosen sergeants. Brother Kimberly, bro : Mosse, bro : John Nash, and bro : "Whitehead chosen corporalls. Itt is ordered that tlie gen^' : trayning dayes shall be ob- served once every mon''' : for the whole company, and thatt whosoever shall not appeare when he is called, his fine is 1^. If totally absent, or dept wUiout leave before the company breake up, his fine is 5^ Itt is ordered thatt all those thatt have musketts or guns shall keepe them still, and the pikes thatt are made shall be att the townes charge, and kept for the townes vse and service. Itt is ordered that their shall no other mill be built for this towne, provided thatt the mill thatt now is be so fitted as thatt itt may serve the townes occasion to grinde both Indian and English corne well. Memord. The Court declared their apprhcnsions thatt itt was form^ly ordered thatt a cart bridge should be made over the East River att the towns charge next spring. Goodma Moulthrop is allowed to have 6 acres of land added to his lott in the first divisio, and 12 acres in the 2'^. Itt was ordered thatt one of the squadrons in course, shall trayne every last day, except onely thatt weeke in w'^h the gen''iJ trayning is (wh is to be every fift weeke,) and whoso- ever shall come late to those weekly traynings, his fine is 6^. If totally absent, his fine is 2^-6^. He y^ shall come after the second drum hath left beating, shall be accounted a late commer. 1642] NEW HAVEN COLONY RECOEDS. 77 [38] A Court held att Newhaven the S^i of the 7^^ Mon: 1642. Mathew Wilson, for killing a dog of Mr. Perryes mllfiilly and disorderly, finde 20^. for his disorder, and ordered to pay 20^. damage to Mr. Perry, w^h 40^. Edward CliipiDerfield vn- dertooke to see payd by the last of September next. John Lovell, the miller, for sinfnll dalliance w^h a little wench of Goodm Halls, was whipped. A Court the 7^^ of Sept. 1642, held att Newhaven. Tho : Pell and attournay for the executo'" of Richard Jew- ell, demaunded the remainder of the tearme of nine yeares w'^h Thomas Toby late servant to Jerymy Whitnell, w<=h bound by covenant to serve w^h the said Richard Jewell as appeared by his indenture, wherevpon the Court w'^h the consent of the ptyes, referred to Captaine Turner and Mr. Evance to consider of and sett downe what damage the said Richard Jewell might have in his disbursm^^ and adventures about the said Thomas Toby, thatt what appeares to be equall may be retourned to the executo''s of the said Rich : Jewell out of the wages of the said Tho: Toby. Thomas Dickinson, being convicted of stealing divers things from severall psons, as Mr. Goodyeare, Mr. Evance and others (who had imployed and intrusted him w*h many things and businesses) and for diverse other notorious crimes, as lyeing and counterfeating, and denying his name -ii Court the 16'h of llti» Moneth 1642. Att Newhaven. Brother Lamsoii admitted member of the Court and ac- cepted the charge. Itt is ordered thatt two pounds shall be made forthw'h, one att brother Whiteheads corner, w'^h brother Peck is to keepe, and another by the creeke, (where brother Nash his shopp did stand) w^li brother Kimberley is to keepe. Thatt cattell tres- passing may be putt in and kept vntill itt appeare who shall pay the fine and beare the damage, either the owners, if they have putt them in, or if their keepers have bcene negligent or the cattell beene unruly have gott in when the fences have beene sufficient, or they whose fences have beene defective or who have left open or broken downe gates or fences or by any other meanes have occasioned the damage, in all such cases the goueno''^ to answer for those vnder them, butt they againe to satisfy their gou'^no^^^ as shall be judged meet, and the keeper of the pound, for impounding every mans cattell to have of the trespasser 2'' a head for hogs and all greater cat- tell, and a peny a head for goates and kids, halfc to the bringer in of the cattell & halfe to the pound, or if the pinder take all the paines he is to have all. Itt is ordered thatt the Neck shall be a stinted como for cat- tell, and fenced & fitted w^h gates to keep in and out accord- ing to order, and then he thatt breaks or leaves open gates or putts in any cattell contrary to the order (the gou^'no'" to ans- wer for those vnder him as above) to pay for every beast by the weeke (any lesse time then a weeke reconed a weeke,) 3'^. Note thatt — 12 acres to a horse, 6 acres to an oxe, 3 acres for a yong steere nott above 2 yeares olde, and 2 acres for a calfe, and none are to putt cattell into the neck above this proportio. Itt is ordered thatt all those thatt have their meadowes in the west meadowes shall heard tlieir cowes on the west side onely, and all the rest of the towne are to keepe their cowes on this side, and nott att all to heard them beyond the West river for this yeare, and no dry cattell are to goe w'h the hoards of cowes vnder the penalty of Z'^ a weeke for every 1642]' NEW HAVEN COLONY RECOEDS. 83 head, the one halfe to be paycl hj the owners, and the other halfe by the heard. Itt is ordered thatt a booke shall be kept by the Secretary, of all the alienations whether houses or lands belonging to this plantation, butt no entry to be made w'hout order of the Court, and every such entry to be accounted good, according to the nature and intent of itt, against any form"" promise, covenaunt, bargaine or morgage nott so entered, though such deeds or promise shall have their just force against such per- son or persons thatt made them, and against any other part of his estate, and for every such entry the secretary to be payde Itt is ordered thatt the magistrate shall keep a booke of every warrant and attatchment given out by him, and direct them to the marshall, and tliatt the marshall for serveing them receive of the plaintiff, till itt be ordered who shall pay, 4-1 for a warrant, and 6^ for an attatchment. For every tryall in the Court, the plaintiff or deffendant, or both (if there be cause) pay to the Treasurer ouer and above the warrant or attach m' 2s. Itt is ordered thatt every one warned to the Court for trans- gressing any Gen'"' Courts order, and found an offendo'', or being warned for fines or rates due and the same haveing beene first pryvately demaunded by the Treasurer or Marshall, shall pay to the Marsliall -i'K Itt is ordered thatt every one comitted to prison, besides after charges and attendance as the Court shall judge, shall pay the Marshall for turning the key — 1^. Itt is ordered thatt a whole yeares rate be forthw'h payd wthin 6 weekes att the most, [a]nd the constant yearely rates to goe on in their halfe yeares course, according [to the] form"" order, notw^hstanding. [43] Itt is ordered thatt whosoever cutteth or causeth any tree to be cutt downe vpon any comon w^hin 2 miles of any pt of the towne, w'hout leave, contrary to order, shall leave the tree to the towne, lose all his labo% and pay 1^ fine. If he carry away the tree or any pt of itt he shall pay further damage as the Court shall judg meete. 84 NEW HAVEN COLONY RECOEDS. [1643 A Court holden att Newhaven the 1^ of the 1^ Mon : 1643. John Laurence and Valentine, servants to Mr. Malbon, for imbezilling their ma^s goods, and keeping disorderly night meetings w'h Will Harding, a lewd and disorderly person, plotting w'h him to carry their ma^^^ daughter to the farmes in the night, concealing divers vncleane filthy dalliances, all W^h they confessed and was whipped. Ruth Acie, a covenant servant to Mr. Malbon, for stub- ornes, lyeing, stealing fro her M'^^, and yeilding to filthy dal- liance w'h Wiii Harding was whipped. Martha Malbon for, consenting to goe in the night to the farmes w4i Will Harding to a venison feast, for stealing things fro her parents, and yeilding to filthy dalliance w^h the said Harding, was whipped. Jane Andrewes, for yielding to filthy dalliance w^h the said Harding, was whipped. GoodiTi Hunt and his wife for keepeing the councells of the said William Harding, bakeing him a pasty and plum cakes, and keeping company w'h him on the Lords day, and she suf- fering Harding to kisse her, they being onely admitted to sojourne in this plantatio vpon their good behavio'', was ordered to be sent out of this towne w'hin one moneth after the date hereof, yea in a shorter time, if any miscaryage be found in them. Mr. Mouleno'', for his disorder att Totokett in building, fencing, planting and the like, contrary to order, after he had againe and againe beene warned fro this Court to the con- trary, he haveing no right so to doe, haveing sould all thatt plantatio to this towne, onely reserving liberty for a lott for himselfe when a peo : should settle there, as is expressed in his owne convayances, since w^h time as he passed away his whole right, he purchased a peece of a neck discribed in a writeing bearing date the 27*'' of ^ 1639, writ by Mr. Gregson, butt in itt hath forged a discriptio differing fro thatt made in Mr. Grcgsons presence, and thereby layd clame to the whole necke, whereas the other was lymitted by a line and marked w'h three strokes, butt his sentence respited. 1643] j NEW HAVEN COLONY EECOEDS. 85 [44] A GeN'^11 held ATT NeWHAVEN the 5th OF THE 2d Moneth, 1643. A letter from Andrew Ward constable att Stamforde, bear- ing date the 3^ of this pi'sent, written in the name and by the consent of the free burgesses there, was read, wherein they appoynt Captaine John Ynderhill and Richard Geldersleeve for their deputyes att this Gcnrii Court, and desire a magis- trate may be chosen for the better carrying on of their affayres in tliatt place, and doe nominate Mr. Mitchell and Thirton Rayner for thatt place. Captaine Vnderhill and Richard Gel- dersleeve haveing accepted the charge given here to members of this Court, the Court proceeded to electio, and Thirston Rayner was chosen magistrate, to execute thatt office att Stam- forde vntill the next Gen^'ii Court of Elections att Newhaven w<=h will be in October next. Allso vpon a motio made by the afforesaid deputyes for Stamforde, Itt is ordered by this Court y* those fewer men allready imployed in the townes occasions there, namely, Cap- taine John Vnderhill, Mr. Mitchell, Andrew Warde and Rob^ Coe shall, (till the aforesaid next Gen""!! Court for elections) assist as the deputyes att Newhaven in councell and advice for the more comely carrying on of publique affayres, the being annexed to and p^'served in the magistrate or magis- tracie. • Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakeman chosen deputyes for the next halfe yeare. Mr. Malbon chosen Treasurer for this yeare. Itt is ordered thatt leivetenaunt, the antient, an the fewer sergeants, out of respect to their places, and for their incour- agement, shall be henceforth exempted fro watching, yett so as thatt they must take their turnes by course to see thatt the watches be duely observed. Itt was further ordered vpo the desire of the aforesaid dep- utyes for Stamforde, thatt the trayned band may, (till the aforesaid next Geni^^i Court for elections,) chuse or confirme inferio"" officers, namely a sergeant or a corporall, or both, to exercise them in the millitary way, provided thatt such officers 86 NEW HAVEN COLONY RECORDS. [1643 be both members of the church, and p''seiited to and approved off by the magistrate and deputyes for Stamforde, the funda- mentall agreement for votes and elections being still p'^served intyre and inviolable. The Court being informed thatt peeces of eight, l)oth in the Matachusetts Bay and some other places, doe by order passe currantly att five shillings, itt was ordered thatt they shall pass att the same rate both here and att Stamforde among the planters 'till the Gen'''^ Court see cause to alter itt. Itt was ordered thatt in case any publique occasio require the helpe of labourers or workmen on trayning dayes, the mag- istrate may send to the Captaine for so many as the case re- quires, or if itt fall out att other times when there is no trayning, and thatt men cannott otherwayes be had or pro- cured for the carrying on of some necessary worke w^h is of publique concernment, the magistrate may putt forth an act of authority and pi'sse men for the said service and the effect- mg thereof. Itt is ordered thatt brother Abbott and brother Hull shall be freed fro trayning, by reason of their bodyly infirmityes. [45] Itt is ordered thatt brother Attwater and Rob' Hill shall be exempted fro watch in their owne persons, by reason of their bodyly infirmityes, yett so as to finde each of them a man to watch in their roome. Itt is ordered thatt sister Preston shall sweep and dresse the meeting house every weeke, and have 1^ a weeke for her paines. Whereas Goodmil Osborne hath heretofore spoylcd divers hides in the tailing W^h he aleadgeth was for want of skill or experience in the tanne of this country, he promiseth for the time to come to make good whatt is spoyled in the taning, for now he knowes the nature of the tanne, and therefore, if any hides be now spoyled itt is through his default. 1643] NEW HAVEN COLONY RECORDS. 87 A Geni^ii Court the 6' of the 2'^ moneth 1643. Itt was ordered thatt Mr. Eaton and Mr. Gregson as com- issioners for this jurisdictio of Newhaven shall goe w^h other comissioners for other plantatios into the Bay of Massacusetts to treate about a Geni'ii combinatio for all the plantations in New England, and to conclude and determine the same, as in their wisdome they shall see cause, for the exalting of Christs ends and advanceing the publique good in all the plantations. And allso thatt Mr. Goodyeare, o"" pastof", the fower depu- tyes, together w^h Georg Lamberton, Rob* Newman and Tho : Fugill shall meete and advise w'h them before they goe, the l)etter to p''pare them for thatt greate and weighty busines. And more oner thatt if any of the members of the Court, or of the plantatio have any thing of weight to suggest for con- sideratio, they are desired to repaire to the comittee, or any one of them to cast in whatt liglit they can. A Gen^'i Court the 26^^ of the 2<^ Moneth, 1643. The comissioners aforesaid desired the Court now to pro- pound any thing to them thatt they would have considered of in reference to the foremenconed combinatio, and thatt if any of them had any light to cast in to them, thatt they would att this time impart itt, because the time of their goeing drew neare ; butt the whole Court seemed to rest satisfied in the wisdome and faithfullncs of those W-h they had chosen and intrusted for thatt great busines, and therefore had nott thought of any thing butt whatt they thought had beene con- sidered off, and would be provided for by those intrusted. Itt is ordered thatt Goodm Osborne shall have liberty to cutt downe some trees in the coihon to gett bark for his tan- ning, and the trees to remaine to the townes vse, either for posts, railes or other vses as the Court shall see cause to dis- pose of them. 88 NEW HAVEN COLONY RECORDS. [1643 [46] A Court held att Newhaven the 3'^ of the 3^ MONETH. Nicholas Gennings for comitting fornicatio w^h Magcrett Bedforde was seveerely whipped, hutt his piinishm'^ for other misdemeano" respited vntill another Court. A Court held att Newhaven the 7*^ of the 4th moneth, 1643. James Stewart, the last trayning day, for runing att Roh^ Campio w4i his pike, whereby he tore his doublett, and might have hurt him, was fined 5» for the disorder, w'^h might have beene of evill consequence. Bro: Brockett, for late coming to traine fined l^. Joh. Beach, haveing killed a cow of George Smyths w*h the falling of a tree, the said George required satisfactio, foras- much as he conceiveth thatt the said John did itt through negligence, butt he the said John Beach alleadged for himselfe, thatt he did nott doe itt negligently, for he being falling a tree, there came some cowes about him, and the tree in the falling did rest vpon the bowes of another tree thatt stoode neare, and then he left the tree, and drave away the cowes as he did con- ceive w^hout the reach of the tree, and in the meane time some goates coming vnder the tree he retourned to drive them away allso, and then came in haste to give 3 or 4 chops att the tree to hasten the falling of itt before the cattell could come againe. Butt itt was testifyed by brother Andrewes and brother Tompson (who were intreated to veiw the cow and the place,) thatt he had nott done whatt in reason he might, and ought to have done to p''serve the cattell, and thatt if he had beene as carefuU as he might, no hurt need have be done, for the place was so hemmed in w'h fallen trees as thatt there was little way open, (on thatt side w^h he said he drave the cowes) for them to come in att againe, so thatt he might have kept them from danger if he had beene as carefull as he ought to have beene, besides, they affirme thatt the cow was killed about a rod or 20 foote w^hin the reach of the tree, moreouer itt was testifyed by brother Andrewes and Rob^ Campion, thatt he 1643] NEW HAVEN COLONY RECORDS. 89 the said John Beach did affirme thatt when he was cutting the tree the last time, he saw the cowes comeing againe, and he did throw sticks att them, butt confessed he did not goe to drive them as before, w^h was noted to be a great neglect of him, and allthough he did alleadge in the Court thatt he did drive the cowes w^hout the compasse of the fallen trees afore- said, brother Tompson observed itt to be an vntruth, for he had tolde them att the first, when they Avent to veiw the cow, thatt he drave them to such a place, W^h both he and brother Andre wes affirme was w'hin the aforesaid compasse. Vpon all w^li testimony i[t] was ordered thatt the said John Beach shall make good the damage to the valine of 5^ w^li price Georg Smyth sett vpon his cow w'h much moderatio, though she was really worth more. Margerett Bedforde, being convicted of fornicatio and steal- ing w^h divers other miscarryages, was severely whipped, and ordered to be marryed to Nicholas Gennings w^i Avhome she hath beene naught. [47] A Court held att Newhaven the S^h : S^f' moneth, 1643. Will Fancie his wife, being charged w'h stealing divers things from sondry psons, she confessed thatt she did steale about 5000 of pins fro Mrs. Lamberton w^h divers pcells of lynning, and a jugge to the valine of 17^ as they were prized. She confessed allso thatt she stole from Mrs. Gilbert, two pillow beares and a shift, all W^li she tooke forth of a tub of water in the colde of winter when the famyly was att prayer. And att Conectecutt, being kindely entertained as a strainger by a friend there, she stole a table napkin att her goeing away. Now forasmuch as itt appeares to have beene her trade, she liaveing beene twice whipped att Connectecutt, and thatt still she continues a notorious theefe and a Iyer, itt was ordered thatt she should be seveerly whipped, and restore whatt is found wt^h her in specie, and make double restitutio for the rest. Andrew Low, Jun'' for breaking into Mr. Lings house, where 12 90 NEW HAVEN COLONY RECORDS. [1643 he brake open a cup [board] and tooke fro thence some strong water, and Q'^ in mony, and ransackt all the house fro roomc to roome, and left open the dores, for w<=h fact he being comit- ted to prison brake forth and so escaped, and still remaines horrible obstinate and rebellious against his parents, and incorrigable vnder all the meanes tliatt have beene vsed to reclame him, wherevpon itt was ordered, thatt he should be as seveerly whipped as the rule will beare, and to worke with his father as a prisoner w'h a lock vpon his leg, so as he may nott escape. Itt was ordered thatt Luke Atkinson shall be payd 18^ and 7^1 out of Lawrence Watts estate, in consideratio of vse of his bedding and houshold stuffe when he lived w^h him, w^h was for the space of a yeare and a quarter thatt he sojourned in his house : and Goodman Hitchcock is allso to have 4^ out of the said estate w^h the said Lawrence Watts did owe him. Theophilus Higginson testified thatt Lawrence Watts did borrow a gun of John Dillingham w«^h he was to restore againe, butt dyed before itt was restored. 1643] NEW HAVEN COLONY RECORDS. 91 \/ Names of the KT3 Ss ^ Id ■3^ Planters. 1 fi 5 13 1 J- [48] «SS H a g «2 3S Mr. Theoph : Eaton 6 3000 165 33 153 612 10-13-00 Mr. Sam: Eaton 2 800 45 9 41 164 2-19-00 Mrs. Eaton 1 150 10 2 8 32 00-12-00 David Yale 1 300 17i 3^ 15^ 62 01-02-06 Will Touttle 7 450 37^ H 26" 107 02-01-06 Eze: Cheevers 3 20 8^ 1^32 2^ 10 00-05-11 Captaine Turner 7 800 571 11^ 43l 174 03-06-06 Rich : Pery 3 260 20i 4-1-16 14i 58 01-02-08 Mr. Davenport 3 1000 57i Hi 511 206 Rich: Malbon 7 500 42^ 8i 28^ 114 02-05-06 Tho: Nash 7 110 23 4J 16 09 36 00-18-02 John Benham 5 070 16 3-32 6 24 00-12-04ob Tho : Kimberley 7 012 18-16 3^-19 4-16 161-24 00-11-02 Joh : Chapma 2 300 20 4 16 64 01-04-00 Math: Gilbert 2 COO 35 7 031 124 02-05-00 Jasper Craine 3 480 161 31-8 25i 120 01-15-01 Mr. Roe 6 1000 65 13 53 212 An elder 4 500 35 7 27 108 02:01:00 Geo Lamberton 6 1000 65 13 53 212 03-19-00 Will Wilks 2 150 12i n 8i 34 00-13-06 Tho: Jeffrey 2 100 10 2 6 24 00-10-00 Robt. Ceely 4 179 18^32 3 1-8 lOf-32 43 00-18-05 Nich: Elsey 2 30 (^t H-8 H 10 00-05-01 Joh : Budd 6 450 SH 7k 25i 102 02-00-06 Rich : Hull 4 19 11 2-30 3 111 4 00-07-04 Will : Preston 10 40 27 5^-24 7 28 00-17-09 Ben : Fenne 2 80 9 If -8 5 20 00-08-07 Will Jeanes 5 150 20 4 10 40 00-18-00 Joh: Brockett 1 15 H i-24 H 5 00-02-06ob Roger Allen 1 40 H 1-24 '^ 10 00-04-03ob Mr. Hickocks 6 1000 65 13 53 212 03-19-00 Mr. Mansfeild 4 400 30 6 22 88 Tho: Gregson 6 600 45 9 33 133 Steph : Goodyear 9 1000 791 4 -2 141 54J 218 09-19-02 Will Hawkins 2 1000 55 11 51 204 Jer : Whitnell 2 0050 7i H H 14 00-06-06 Sam : Bayley 1 250 15 3 13 52 00-19-00 Tho : Buckingham 4 60 13 2i 16 5 20 00-10-02 Rich: Miles 7 400 37^ 7i 23i 94 01-18-06 Tho : Welch 1 250 15" 3 13 25 00-19-00 Nath : Axtell 1 500 27^ 6 25i 101 01-16-07 92 NEW HAVEN COLONY RECORDS. [1643 Hen: Stonell 1 300 17^ 3^ ! 15| 62 101-02-06 Will Fowler 3 800 47 H 44 166 [03-06-06 Peter Preden 4 500 35 7 27 108 '02-01-00 James Preclen 3 10 8 1^16 2 8 00-05-02 Edmond Tapp 7 800 52^ Hi 431 174 03-06-06 Wid: Baldwin 5 800 i 52i 10 J 42j 170 03-03-06 An elder 6 500 ' 40 8 28 112 0-0-0 Rich : Piatt 4 200 1 20 4 12 48 01-00-00 Zack : Whitma 2 800 45 9 41 164 02-19-00 Tho : Osborne G 300 30 6 18 72 01-10-00 Hen: Rudderforde 2 100 10 2 6 24 00-10-00 Tlio : Trobridge 5 500 h7i n 271 110 02-02-06 Wid : Potter 2 30 H H H 10 00-05-01 Job: Potter 4 25 Hi 2i H 13 00-07-09 Sam : Whitehead 2 60 8 li 16 4 •16 ;00-06-06 Job : Clark 3 240 19^ 3f 24 131 54 01-11-OOob Luke Atkinson 4 50 10 2 16 H 18 00-09-06 Arther Halbidge 4* 20 11 2 32 3 12 00-07-04 Edward Banister 3 10 8 li 16 2 8 '00-05-02 Will Peek 4 12 101 16 2 16 11-16 101 ,00-06-10 Job : Mosse 3 10 8 li-16 2 8 ;00-05-02 Job : Charles 4 50 12| H H 18 00-09-06 Rich : Beach 1 20 H J 32 H 6 00-02-10 Timothy Forde 2 10 H 1-16 1^ 6 00-03-08 Peter Browne 3 30 9 l|-8 3 12 00-06-07 Daniel Paule 1 100 7i H 5| 22 00-08-06 Job : Livermoore 4 100 15 3 7 28 00-13-00 Antho : Tompson 4 160 17i H 9i 38 00-16-06 Job : Reeder 2 140 12 2-1- 24 8 32 00-12-10 Robt. Cogswell 4 60 13 11-16 5 20 00-10-02 Malhi : Hitchcock 3 50 10 2 4 16 00-08-00 Fra : Hall 3 10 8 11-16 2 8 00-05-02 Rich : Osborne 3 10 8 H 16 2 8 00-05-02 Will Potter 4 40 12 21-24 4 16 00-08-09ob James Clark 4 50 121 2i 4^ 18 00-09-06 Edward Patteson 1 40 H |24 2i 10 00-04-03ob Andr. Hull 4 40 12 21 24; 4 16 00-08-09ob Will Ives 2 25 6i li 2^ 09 00-04-09 Geo: Smyth 1 50 5 1 3 12 00-05-00 Widd : Shirman 2 50 7^ H Si 14 00-06-06 Math Moulthrop Tho : James sen. 5 200 22^- H 12i 50 Wid: Greene 3 80 lli 2124 5i 22 00-10-02 Tho : Yale 1 100 7^ 1^ 5i 22 00-08-06 Tho: Fugill 2 100 10 2 6 24 00-10-08 1643] NEW HAVEN COLONY EECORDS. 93 Joh : Ponderson 2 180 14 21 32 10 40 00-15-06 Joh : Johnson 5 150 20 4 10 40 00-18-00 Abra: Bell 1 10 3 il6 1 4.1 00-02-02ob Joh: Evance 1 500 271 H 251 102 01-16-06 Mr. Mayres 2 800 45 9 41 164 02-19-00 Mrs. Constable 3 150 15 3 9 36 00-15-00 Josuah Attwater 2 300 20 4 16 64 01-11-06 Tho:Fugill 1 400 221 H 201 82 01-09-06 Edward Wigglsw: 3 300 221 ^ 161 66 01-05-06 Tho: Powell 1 100 n ^ H 22 00-08-06 Hen: Browing 8 340 37 7124 21 84 01-15-09 Mrs. Higison 8 250 321 6i 161 66 01-08-06 Edw: Tench 3 400 27| H 21i 86 01-12-10 Jer: Dixon 1 300 11 n 151 62 01-01-04 Will Thorp 3 10 8 11 16 2 8 00-05-02 Robt. Hill 1 10 3 il6 1 4 00-02-02 Wid: Williams 2 60 8 11 16 4 16 00-07-02 Andr. Low 8 10 8 11 16 2 8 00-05-02 Fr. Newman 2 160 13 21 16 9 36 00-14-02 Joh: Caffins 2 500 671 131 291 73 02-08-6 David Attwater Lucas 1 500 400 241 141 1-11.4 J. 6 35 7 23 92 Dearmer* 1 300 17i H 15i 62 Ben Ling 2 320 21 4-32 17 68 01-05-04 Robt. Newman 2 700 40 8 36 144 02-12-00 Will Andrews 8 150 271 H lU 46 01-02-06 Joh: Cowp 3 30 9 If 8 3 12 00-06-07 Rich: Beckley 4 20 11 2-32 3 12 00-07-04 Mr. Marshall 5 1000 621 121 521 210 03-17-06 Mrs. Eldred 5 1000 621 12i 521 210 03-17-06 Fran: Brewster 9 1000 35 7 541 263 03-15-10 Mark Pearce 2 150 1 121 n 8* 34 00-13-06 Jarvis Boykin 2 40 7 U24 3 12 00-05-09 James Russell 2 20 6 1-32 2 8 00-04-04 Geo: Warde 6 10 15 3-16 3^ 14 00-09-08 Lawrence Ward 2 30 6i H-8 n 10 00-04-09 Moses Wheeler 2 50 7i H 31 14 00-06-06 * In the margin, Thorn Lord, i. Robert Tamadg, i. 94 NEW HAVEN COLONY BECORDS. [The following is in the handwriting of Francis Newman.] The names of y^ Tennants of oystershell field, beginning 1648. M--ch 10"\ Francis Browne 3 ac''s for yeferrey : rent free. Acc's Thorn Moris William Paine Widdow Knowles Jno Coopr Mr Malbon Henry Morell Mr Gilbert Robert Pig Francis Browne John Walker John Hall Thom : Munson Robert Martin William Holt William Pecke for a shooting place Phillip Leeke y' is his owne 43 Mr. Lucas home lott. Joseph Pecke William Johnson ( each an equall Thom7s Beamond J ^ P°"^°°- Mr. Lucas out lotts. William Thorpe 4 : aCs of ye first devizion next his owne. each of them 5| ac'^s in 3 : pts, w'hin the two Joseph Pecke Henry Pecke Tho Beamond AVilliam Johnson mile : 3 ac'^s of meddow and 12 ac^s of vpland in y" second di- A'ission. Jeremiah Whitnel 4 : ac' in y'^ 3'^ devission w'hin y'' 2 mile, three acs of meddowe & 12 ac' of y'' second divission. John Ponderson 5 aC of meddow : 20 ac"^ of y** sec devission. George Laremore 3 , ac meddowe : 12 ac of y' sec devission. Richard Hull, 4 ac"^ of y sec devis w'hin v'= 2 mile. M''" Eldreds out lotts. Thomas Wheeler senio' Thomas Wheeler junio"^ Henry Glouer William Holt Joseph Alsop Ephrahim Penington Pliillip Leeke Andrew Low Christopher Todd Henry Morell The Meddow and second divission to be devided equ[ally] betwixt Nathaniel Merriman, Mathias Hitchcocke and Isacke Whitehead if he accept it. Each of these are to haue : 6 : acrg wihin ye two mile in 3 ptes. Jno Vineon 1 each 3 acr : wihin the Joseph Nash J two mile in 3 : pts. Each of these to haue 4 [acrs] w'hiu ye 'z : mile in 3 : pts. Mr. Roes out lotts. William Gibbons John Hall Jeremiah How Robert Martin William Russell William Paine Jonathan Marsh John Walker Francis Browne Abraham Dowlitle Each of these are to haue 1^ acr in ye first . devission w'hin ye two mile & IJ ac's in each I of ye other two devissions w'hin ye two mile. NEW HAVEN COLONY RECOEDS. 95 Thom. Munson 4^ aC in y<= 2d devisio w'hin y<= 2 mile next Mr. Malbons. Phillip Leeke two ac' in y" first clevis. 2 : in y<^ 3'^ w'hin ye two mile. Joseph Nash two ac^ f out of Mr. Roes iirst devis & y<= Elders and two ac" on a sixt pt of Mr. Roes third devis. w'hin y" two mile. The meddow and second devission of vpland is granted to John Brocket and Thomas Barnes. A lott reserved for | Mr. Auger the home lott and halfe ye accomodations, an Elder ( Thorn. Sloris 1 quarter of ye accomodations. William Andre wcs 3 : ac^s of meddow, 12 ac"' of y'' sec deviss. Andrew Low 2 aC i of meddow : 9 : ac"^^ of y' sec deviss. Joseph Nash lA ac'^ meddow in ye mill meddow : 6 : ac"^ sec dfeviss] John Vincon ).^k ■. c <.,•,,. Joseph Nash ( ''^^^'^'' ^ '^'^^ 4 of y^ sec & third deviss. At a Court S'l^ Nouemb"^ 16.52, the land in the neck belonging to Mr. Roes lott, M''^ Eldreds, and Mr. Lucas was giuen to y'' Gouernor. Aprill the 20th 1[ -|* The comittee appointed to dispose of the absent lott mett & vpon the request of Mathew Camfeild, granted to him the home lott w^h was laide out and reserved for M^'^ Eldred, vpon the conditions following viz^ That he plant it all w'h fruit trees, except ahoute one ac^ next the front, and that he p''sently paye for the fenc belong- ing to it, as it is now worth, being vallewed by indifferent men, & so maintayne and keepe it, and if in ye terme of five yeeres, the towne shall see cause to dispose of it to any man w^h may be of publique vse and benefit to the towne, it is to be at the townes dispose, payeing him for liis trees and his fenc aboute y^ lott, as they shall be then worth, being equally vallewed by indifferent men, but if the towne shall not dispose of it to some such man Av'hin y^ terme of 5 yeeres, that then the said Mathew Camfeild shall haue the lott, paying to the towne for y^ ground as it is worth, being vallewed by indiffer- ent men, and that then he shall build a dwelling house vpon it, comely and fitt for habitation, that so it may not lye as a vacant lott : And vpon the same termes, at the same time the comittee granted Mr. Roes home lott, to Mr. Davenport, Mr. Gilbert and Mr. Crane. * The date of this entry is probably 1648. 96 NEW HAVEN COLONY RECORDS. [1643 [Next after are recorded in the handwriting of Mr. Gibbard, the Indian deeds which have been transferred to the beginning of this volume. Tliere appears to liave been no pages numbered from 51 to 62. J [In the handwriting of Tliomas Fugill.] [62] Att a Gen""!! Court held att Newhaven for the Plantations av'hin this Jurisdictio, the 6* of July, 1643. Mr. Leete and Mr. Disbourougli of Manunkatuck were ad- mitted members and received the charge of freem for this Court. Brother Preston allso admitted member of this Court and accepted his charge. Mr. Eaton and Mr. Gregson, Lately sent from this Court as comissioners wUi full power to treate, and, if itt might be, to conclude a combination or confoederation wUi the Gen^'^i Court for the Massachusetts, and w^h the comissioners for New Ply- mouth and Connectecutt, did this day acquaint the Court w^h the issue and successe of thatt treaty. The articles agreed and concluded att Boston, the 19th of May, 1643, were now read and 1)y this whole Court approved and confirmed. And itt was ordered thatt the Secretary enter them as a recorde. A letter allso from Mr. Wintropp, Governo'' of the Massachusetts, dated the 19*^ of June last past was read, wherein from Mr. Winslow he signifies the cheerefull concurrence of the Court att Plymouth in the said confoederatio, according to the fore- named articles. Itt was further ordered by this Court, thatt all the males in or belonging to every of the plantation in this jurisdictio, fr(3 sixteene yeare olde to sixty, be duely numbred according to the said articles. And thatt a true and particular account of them be brought in, betwixt this and the midle of August next, to be sent to the next meeting of the comissioners at Boston. Lastly, the said Mr. Eaton and Mr. Gregson were by this Court chosen and invested w'h full power, (according to the tenno"" and true meaning of the said Articles,) as com- issoners for this jurisdictio in the meeting for this confoeder- atio, to be held att Boston, the 7'^ of September next. Manunkatuck named Guilforde. Itt is ordered thatt every male, fro 16 yeares olde to sixty, w^hin this jurisdicto, shall be forthw^h furnished of a good 1643] NEW HATEN COLONY RECORDS. 97 gun or muskett, a pound of good pouder, 4 fathom of match for a match-lock, and 5 or 6 good flints, fitted for every fyre lock, and 4 pound of pistoll bulletts, or 24 bulletts fitted to their guns, and so continue furnished from time to time, vnder the penalty of 10® fine vpon every defect in any of the fore- named perticulars. And itt was further ordered thatt the Captaine shall give order to the officers thatt they take a strict veiw of all the defects or neglects of the trayned band, once every quarter, vnder the penalty of 40% and if the officers shall neglect to do itt, att his appoyntment, their fine is 40^ allso, to be leivyed att the discretio of the Court, and thatt a retourne of the said veiw be made to the Court by the Cap- taine or the dark of the company at his appoyntment, vnder the penalty aforesaid. Itt was ordered thatt 5^ fro Stamforde, and 5^ fro Guilforde, and 21 fro Yenycott shall be forthw'h raised and payd into the treasury of Newhaven towards the charges about the com- binatio. Mr. Goodyeere was desired l:)y the Court to write to the inhabitants of Yenycott, to lett them know the equity of the proceedings of this Court in rateing all men imptially ac- cording to their accomodations w^hin the libertyes of this plantation, & thatt it will be expected thatt the same rule be attended vnto by them there allso. [63] II Itt was ordered thatt each plantatio wthin thisjuris- dictio shall have a coppy of the Articles of Confoederatio, for W^h they are to pay the Secretary. A letter from Mr. Wintropp was read, wherein he layd downe divers reasons why the Massachusetts gave liberty to the Frenchmen, late arrived there, to gett whatt help they coulde in thatt jurisdictio to assist them in their enterprize att the French plantatio. [The remainder of this page is blank.] 13 \)8 NEW HAVEN COLONY RECOEDS. [1643 [(34] Articles of Confoedcratio betwixt the Platations vnder the Gouermt of the Massacusetts, the Plantations vnder the Goii'ii* of Newplymoiith, the Plantations vnder the Gou'"mt of Conecticutt, and the Gou'"mt of Newhaven w'h the Plantatio*^ in combinatid w'h itt. Whereas we all came into these pts of America w^h one and the same end and ayme, namely to advance the kingdome of o*" Lord Jesiis Christ, and to enjoy the libertyes of the Gos- pell in purity wUi peace, and whereas in c settling, (by a wise pvidence of God,) we are further dispersed vpon the sea coasts and rivers then was at first intended, so thatt wee can- nott (according to our desire) w^h conveniencie comunicate in one governm' and jurisdictio, & whereas we live incom- passed wUi people of severall nations and strange languages, w^h hereafter may prove injurious to vs or our posterity, and forasmuch as the natives have form'ly comitted sundry inso- lencies and outrages vpon severall plantations of the English, and have of late combined themselves against vs, & seeing, by reason of the sad distractions in England W^h they have heard of, and Ijy w'^h they know we are hindred both from thatt humble way of seeking advice, and reaping those comfortable frutes of protectio w^h att other times we might well expect, We therefore doe conceive itt our bounden dutye w'hout delay to enter into a p'sent consociation amongst ourselves for mutuall help and strength in all our future concermt**, thatt as in natio and religio, so in other respects, we bee and continue one, according to the tennure and true meaning of the ensueing articles. 1 Wherefore itt is fully agreed and concluded by and be- tweene the ptyes or jurisdictions above named, and they joyntly and severally doe by these p'"escnts agree and conclude thatt they all be, and henceforth be called l)y the name of the United Collonyes of New England. 2 The said United Colonyes, for themselves and their pos- terityes, doe joyntly and severally, hereby enter into a firme and perpetuall leagc of frendship and amyty, for offence and defence, mutuall advice and succour, vpon all just occasions, 1643] NEW HAVEN COLONY EECORDS. 99 both for p'serving and ppagateiiig the truth and libertyes of the Gospell and of tlieir owne mutuall safety and wellfare. 3 Itt is further agreed thatt the plantation w" into any other of these confoederated jurisdictions, thatt in such case, vpon the certifficate of one magistrate in the jurisdictio out of which the said servant fled, or vpon other due proofe, the said ser- vant shall be deliii'"ed to his said ma"", or to any other thatt psues and l)rings such certifficate or proofe, and thatt vpon the escape of any prisoner whatsoever or figitivc for any criminall 1643] NEW HAVEN COLONY RECORDS. 103 cause, wilier breaking prison, or getting fro the officer, or oth- erwise escapeing, vpon tlie certifficate of two magistrates of the jurisdictio out of w^h the escape is made, thatt he was a prisoner, or such an offendo"^ att tlie time of the escape, the magistrates, or some of them, of thatt jurisdictio where, for the p^sent the said prisoner or fugitive abideth, shall forthw^h grant such a warrant as the case will beare for the apprehend- ing of any such pson, and the delivery of him into the hand of the officer or other pson who psueth him, and if there be help required for the safe retourning of any such offender, then itt shall be granted vnto him thatt craves itt, he paying the charges thereof. 9 And for thatt the justest warrcs may be of dangerous consequence, especially to the smaller plantatios in these vnited collonyes, itt is agreed thatt neither the Massacusetts, Plymouth, Conectecutt, nor Newhaven,nor any of the mem- bers of any of them, shall, att any time hereafter begin, vnder- take or ingage themselves, or this confoederatio, or any pt thereof, in any warre whatsoever, (sudden exegents w^h the necessary consequences thereof excepted, w^h are allso to be moderated as much as the case will pmitt,) w^hout the consent and agi"eemt of the forenamed eight comission''s, or att least six of them, as in the sixt article is provided, and thatt no charge be required of any of the confoederates in case of a defensive warre, till the said comission''s have mett and approved the justice of the warre, and have agreed vpon the sum of mony to be leivied, w^h su is then to be payd by the severall confoederates, in proportion, according to the fowerth article. 10 Thatt in extraordinary occasions, when meetings are smTioned by three magistrates of any jurisdictio, or two, as in the fift article, if any of the comissioners come not, due warning being giyen or sent, itt is agreed thatt fower of the comissioners shall have power to direct a warre w^h cannot be delayed, & to send for due proportions of men out of each jurisdictio, as well as six might doe if all mett, but nott less then six shall determine the justice of the warre, or allow the 104 NEW HAVEN COLONY RECORDS. [1643 demauiids or bills of charges or cause any le\ies to be made for the same. 11 Itt is further agreed thatt if any of the confoederates shall hereafter breake any of these pi'sent articles, or be any other way injurious to any one of the other jurisdiction such breach of agreem^ or injury shall be duely considered and ordered by the comiss'"s for the other jurisdictions, thatt both peace and this pi'scnt confcederation may 1)6 intyrely p'^served wUiout violatio. [67] 12 Lastly, this ppetuall confoederatio and the severall articles and agreem^s thereof, being read and seriously consid- ered, both l)y the Generall Court for the Massacusetts, and by the comission's for Plymouth, Conectecutt and Newhaven, were fully allowed and confirmed by three of the forenamed confoederates, namely, the Massacusetts, Conectecut and New- haven, onely the comissioners from Plymouth, haveing noe comission to conclude, desired respite till they might advise wUi their Generall Court, Where vpo itt was agreed and con- cluded by the said Court of the Massacusetts, and the comis- sioners for the other two confoederates, thatt, if Plymoth consent, then the whole treaty, as it stands in these pi'sent articles, is and shall continue firme and stable, wthout,altera- tio. Butt, if Plymouth come nott in, yett the other three confoederates doe, by these p'sents, conclude the whole con- foederatio and all the articles thereof, onely in Septcm. next, when the second meeting of the comission'' ^ is to be att Bos- ton, new consideratio may be taken of the sixt article, w^h concerns number of comissioners for meeting and concluding the affayres of this confoederatio, to the satisfactio of the court of the Massacusetts, and the comission^'s for the other two confoederates, butt the rest to stand vnquestioned. In testimony whereof, the Gen""!! Court of the Massacusetts, by their Secretary, and the comission^s for Conectecutt and New- haven have subscribed these pi'sent articles, this 19*'' day of the 3*^ moneth, comonly called May, 1643. 1643] NEW HAVEN COLONY RECORDS. 105 A Court held att Newhaven the 2'1 of August 1643. Whereas there is a difference depending betweene Robert Ceely, and Daniell Paule, about a note of agreement betweene them vnder both their hands, w'h both their conseats, itt was referred to Mr. Malbone and Mr. Wakeman to arbitrate and determine as they sliall see cause. A difference allso betweene WiH. Fowler and Steven Med- calfe about a trespasse, w<^h both their consents, was referred to Mr. Malbon and Mr. Wakeman to arbitrate and determine as they shall see cause. Forasmuch as itt appeareth by the testimony of Lawrence Warde thatt Margerett Poore, alias Bedforde, now wife to Nicholas Gennings, was to be servant to Captayne Turner, vnto the full end and terme of 4 yeares from the time of her first coming to him, butt she runing away w'li the said Nicho- las, before the saide tearme was expired, itt was ordered, thatt the said Nicholas, her said husband, shall make satisfactio to Captaine Turner (her said ma"",) for thatt losse of time, according as itt shall be arbitrated by Mr. Gregson and Mr. Wakeman, who are desired by the Court to doe the same. And the said Nicholas is to make 2 folde restitutio for those things w^h are confessed liy them to be stolen from the said Captaine Turner. 14 106 NEW HAVEN COLONY RECORDS. [1643 [68] A Court held att Newhaven 2 August 1643. John Thickpeny, about the age of 25 yeares, marrianer, in the Cock wt^h George Lambcrton in his last voyage to Delaware Bay, being dnely sworne and examined, de- poseth, Thatt he was present in the pinace called the Cock whereof Georg Lamberton was ma"", rideing at ancre aljoiit 3 miles above the Sweeds fort in Delaware River, when a letter was brought the Sweeds governo'' by Tim. the barber and Godfrey the marchants man coming w^h him ; they tolde him, this deponent in Dutch, a language w^h he vnderstoode, thatt the contents of the letter was thatt the Indians, being att the fort the day before, had stolen a golde chaine from the governo" wife, and thatt the governo'' did intreat Mr. Lamberton to vse meanes to gett itt againe of the Indians who were then come to trade with the said Mr. Lamberton, desireing thatt they might stay aboarde till the next morning, thatt he might discover the Indian to him, affirming thatt he could know the Indian thatt had stolen itt, by a markew^h he had in his face, butt, though many Indians came aboard while he was there, yett he went away and never made more words of itt. This deponent fur- ther saith, thatt he was aboard when a second letter was brought aboard the Cock to Mr. Lamberton from the Sweeds governor the contents whereof he knows nott, butt a while after, the same day, he w^h Isaac goeing to carry Mr. Lam- berton ashoare to the Sweeds fort, into W^h being entred, before they spoke w'h the governo"", the said Mr. Lamberton, this deponent, and the said Isaack were all cast into prison together, (butt a while the said Mr. Lamberton was taken forth of thatt roome, l)utt as' he vnderstood was kept in another prison,) where he, this deponent, continued 3 daycs, in w^h time John Woollen, servant to Mr. Lamberton, (and his interpreter l)ctweene him and the Indians,) was comitted to the same prison in irons, wh, he himselfe said, the gover- nC had putt vpon him w^h his owne hands. And further this deponent saith thatt the said John Woolen tolde him thatt att his, the said John Woollens first coming 1643] NEW HAVEN COLONY RECORDS, 107 into the Sweeds fort, he was brought into a roome in w^h the governours wife, Tymothy the barber, and the watch maister came to him and brought wine and strong beere and gave him, w'h a purpose, as he conceived to have made him drunck, and after he had largiy drunk there, the Gov sent for him into his owne chamber and gave him more strong beer and wine, and drunk freely wUi him, entertayning of him w^h much respect seemingly, and w4i profession of a great del of love to him, [69] ||makeing many large promises to doe very much good for him if he would butt say thatt Georg Lamberton had hyred the Indians to cutt off the Sweeds, butt the said John Woollen denyed itt, then the governo'' drunke to him againe, and said he would make him a man, give him a plantatio, and build him a house, and he should not want for golde nor silver, if he would butt say as is said before ; he would doe more for him then the Eng: could, for he loved him as his owue child, butt the said John answered, thatt there was no such thing, and if he would give him his house full of golde, he would nott say so, and then the governo'' seamed to be exceeding- angry, and threatned him very much, and after thatt drunke to him againe, and prest him to confess as before, W^li the said John Woollen refusing, the governo'' was much enraged, and stamped w^h his feete, (w^h this deponent himselfe heard, being in the roome vnder him,) and calling for irons, he putt them vpon the said John Woollen w'h his owne hands, and sent him downe to prison as before is expressed. And this deponent saith, thatt the aforesaid Sweeds watchma'' came into the prison, and brought strong beere, and drunke w'h them about 2 bowers in the night, and pressed the said John Woollen to say thatt the said George Lamberton had hyred the Indians to cutt off the Sweeds, and he should be loosed from his irons presently, butt John Woollen said he would not say itt if he should be hanged, drawne and quartered, because he would nott take away the life of a man thatt was innocent, then he prest him further, thatt he would speake any thing to thatt purpose, be itt never so little, and he should be free presently, butt John Woolen said he could nott say itt nor he would nott say itt. And he further saith thatt the said watch- 108 NEW HAVEN COLONY RECORDS. [1648 maf prest him, this deponent, to the same purpose, and he should have his liberty, w^h he allso refused, knowing no such thing. This deponent, thatt att anotlier time while he was in prison, Gregory, the marchants man, came to him and tolde him they were sent by the governo'' to charge him w^h treason w^h he had spoken against the Queene and Lords of Sweden, namely, thatt he had wished them burnt and hanged, w^h he this depont vtterly denyed, and then the said fetched a flagon of strong beere and drunke itt w'h him, and after that^ fetched the said flagon full of sack and drunke thatt w'h him allso, and bid him call for wine and stronge beere whatt he listed, and questioned w^h him about Georg Lambertons hyr- ing the Indians as aforesaid, his answer was, he knew no such thing. Then the watchma'' afiirmed thatt itt was so, and thatt George Lamberton had given cloth, wampom, hattchetts and knives for thatt purpose, pressing him to say so and he should be free, and he would take vp, and cleare him of the treason thatt was charged vpon him, and if he feared to say so because of Mr. Lamberton, he should not need to feare him, for he should pay him his wages before the vessell went, and he should chuse whether he would goe back, or stay w^li them, butt he answered, lett them them doe whatt they pleased w'h him, for he could nott say any such thing, and further he saith nott.* * At the meeting of the commissioners for the United Colonies, at Boston, in Sep- tember, 1043, Mr. Enton and Mr. Gregson complained of the injuries the people of New Haven had received from the Dutch and Sweeds both at Delaware Bay and else- where, and the commissioners instructed Winthrop to write Printz concerning the foul injuries offered by him to Mr. Lamberton and his company. They gave also a commission to Mr. Lamberton to go treat with the Sweedish governor about satisfac- tion, and to agree with him about settling their trade and plantation. Hazard, IL, 11. Winthrop, II., 140. Brodheads N. Y., L, 382. 1643] NEW HAVEN COLONY RECOEDS. 109 [70] A Court held att NEWHAve the 6^ of September 1643. Marke Pearce, Wiii Holt, Edward Camp, brother Potter, Hen. Lendall, Hen : Line, Theophiliis Higginson and Matliew Row, for coming late the last trayning day, were fined each man one sliillins;. A Court held att Newhaven the 4'>> op October 1643. Robt Hill, for neglect of his watch, was fined 5 shillings. Robt. Lea, for want of armes, was fined 5^ Mighell Palmer, for the same, was fined 5^. Rice. Edwards, for the same, was fined 5^. Luke Attkinson and John Vincent fined each 1^ for late comeing. Itt is ordered thatt there shall be a gen^ii muster, the next second day, w'h an exact veiw of all the armes, to see thatt none be defective in armes, shott and pouder, according to the order in thatt case. Nathan Burchall confessed, thatt he haveing lived some time in Mr. Newmans house, and thereby haveing acquan- tance wUi the house and the wayes of itt, had divers tempta- tions to steale somethin^*%ut of itt, and though he prayed against the temptatio, yett he was att last overcome by itt, and the last Lords day, in the time of the publique ordinan- ces, he went into the house and so into the chamber and clos- ett, where he found and tooke from thence to the valine of 13^ in mony, and to the value of 34^ in other things. The pro- cesse respited till the next Court, and in the meane time he is to be kept in prison, or else lye in baile for his appearance att the next court. 110 NEW HAVEN COLONY RECORDS. [1643 A Gen'11 Court held att Newhaven THE 14 th OP October 1643. Itt was ordered thatt 6 men shall forthw^i be sent from hence (to joyne wUi 8 of Connectecutt, to assist Ynkas against the Narragansett Indians, whom he expects shortly to warr vpon him,) and accordingly to be fitted and furnished w^h all necessaryes for such a voyage and enterprize.* [71] A Gen""!' Court held att Newhaven the 23^'' of October 1643 ; Whereas this plantation att first w*h gen'^' and full consent laid their foundations thatt none butt members of aproved churches should l^e accounted free burgesses, nor should any else have any vote in any election, or power, or trust in order- ing of civill affayres, in w^h way we have constantly proceeded hitherto in our whole court, w'h much comfortable fruite through Gods blessing. And whereas Stamforde, Guilforde, Yennicock, have vpon the same foundations and ingagements entred into combination w'h vs, this Court was now informed, thatt of late there have beene some meetings and trcatyes betweene some of Milfordef and M|^ Eaton, about a combina- tio, hj w^h it appeareth, thatt Milrorde hath formerly taken in as free burgesses, six planters who are nott in church fellow- shipp, w^h hath bred some difficulty in the passages of this * The Commissioners of the United Colonies having, at their session at Boston, in September, decided upon delivering up Miantonimo to be put to death by Uncas, were apprehensive that the Narragansetts would seek to revenge his deat h. t " Vpon a motion made by the comissioners lor New Haven jurisdiction, it was graunted and ordered that the towne of Mylford may be received into combinacon & as a member of the jurisdiction of New Haven, if New Haven & Mylford agree vpon the teannes and condicons among themselves." Rec. U. Col. Sept. 1643. Up to this time then, Milford seems to have remained a separate and independent colony. Hub- bard, Hist. N. E. p. 277, speaking of the settlement of Guilford and Milford, saj's that " every one stood so much for their liberty that every plantation almost intended a peculiar government of themselves, if they could have brought it about, but those desio-ns tended to the weakening of the country and hinderance of the {general good of the whole." See also Sav. Winth. i, 306. Lambert, Hist. Col. N. H. 62. 1643] NEW HAVEN COLONY RECORDS. Ill treaty, butt, att present, itt stands thus, the deputies for Mil- forde have offered, in the name both of the church and towne, first, thatt the p^sent six free burgesses who are nott church members, shall nott att any time hereafter be chosen, either deputyes, or into any publique trust for the combinatio. Sec- ondly, thatt they shall neither personaly, nor by proxi, vote att any time in the electio of magistrates. And, thirdly, thatt none shall be admitted freemen or free burgesses hereafter att Milforde, butt church members according to the practice of Newhaven. Thus farr they granted, butt in two perticulars they and their said six freemen desire liberty, first, y' the said six freemen being already admitted by them, may continue to act in all proper perticular towne busines wherein the combinatio is nott interressed. And, secondly, thatt they may vote in the electio of deputyes to be sent to the Generall Courts for the combinatio or jurisdictio, w^h deputyes so to be chosen & sent, shall allwayes be church members. The premises being seriously considered by the whole Court, the brethren did express themselves as one man, clearely and fully, thatt in the foundations layde for civill governm^ they have attended their light, and should have failed in their dutye had they done otherwise, and professed themselves care- full and resolved nott to shake the said groundworks by any [72] change for any respect, and ordered, || thatt this their vnderstanding of their way, and resolution to maintaine itt should be entred w^h their vote in this busines, as a lasting recorde. Butt nott foreseeing any danger in yeilding to Mil- forde w^h the forementioned cautions, itt was, by gen''^' con- sent and vote, ordered thatt the consociation proceed in all things according to the pi'mises. A Gen^ii Court of Elections held ATT Newhaven for this Jurisdictio THE 26th OF October 1643. Captaine Turner and Mr. Lamberton were chosen Deputyes for the Court of combinatio. 112 NEW HAVEN COLONY RECORDS. [1643 Mr. Eaton was chosen Governof for this yeare ensuing. Mr. Goodyeare was chosen Deputy Governo''. Mr. Gregson chosen Magistrate for this towne. Mr. Fowler and Goodman Tappwere chosen Magistrates for Milforde for this ensueing yeare, & Mr. Rayner for Stamforde. Mr. Leete and Mr. Disbrough were chosen Deputyes for Guilforde this yeare ensueing. Thomas Fugill was cliosen Secretary for the whole combi- natio or jurisdictio for this ensueing yeare. Thomas Kimberley was chosen Marshall for this whole juris- dictio, for this ensueing yeare. [73] A Gen'11 Court held att Newhaven for the Jurisdictio the 27*^^ op October 1643. Present. Mag'istralcs. Deputyes. Theophilus Eaton, Gouerno'', George LambertonF Newhaven Stephen Goodyear, Deputy, John Astwood Thomas Gregson, John Shirman '' William Fowler, Will Leete ) Edward Tapp, Sam : Disbrough [ *^^^il^oi'de. Rich: Gildersleeve ) F Stam- John Whitmore J forde. Itt was agreed and concluded as a foundamentall order nott to be disputed or questioned hereafter, thatt none shall be admitted to be free burgesses in any of the plantations w4iin this jurisdictio for the future, butt such planters as are mem- bers of some or other of the approved churches in New Eng- land, nor shall any butt such free burgesses have any vote in any electio, (the six present freemen att Milforde enjoying the liberty w^h the cautions agreed,) nor shall any power or trust in the ordering of any civill affayres, be att any time putt into the hands of any other then such church members, though as free planters, all have right to their inherritance "s for the severall jurisdictions may be called to meete extraordinarily vpon the vrgent affayres of the collonyes, and thatt perhaps, w^h such short warning thatt there may nott be time to call a Gen""'! Court from the remote planta- tions, they did thinke itt needfull now to puide accordingly, and by gen""!! consent and vote, Mr. Eaton, Governo'',and Mr. Gregson, Magistrate, were chosen comissioni's for this jurisdic- tion for the meeting at Hartforde in September next, w^h full 'power to treate and determine, according to the forme ordered by the comissioners att their last meeting. And in case either of them should be sick, or by any other providence of God hindred from the journay and service, Mr. Malbon is by full consent and vote chosen and ordered to supply in thatt case. Butt if a meeting should be sumoned before thatt time w^h might occasion a farther journay, Mr. Goodyeare, Deputy Gouerno'", and Mr. Gregson were chosen comissionrs, w'h like full power for the service of this jurisdictio. And if either of them, by any providence, be disabled or hindred from the said 118 NEW HAVEN COLONY RECORDS. [1643 jouriiay, Mr. Malboii was chosen comission'' w^li full power to supply tliatt place. [77] II The Court considermg thatt some charges have beene already expended for the jurisdictio in the journayes made for the settling a combinatio and service of the jurisdictio, and thatt 6 souldiers being now sent forth to joyne w*h 8 from Hartforde for Vncus defence against the assults w^h may be made vpon him by the Narragansett Indians for Meantonimoes death, w'^h, w4i the shallop attending them, will be a furtlier charge to the jurisdictio. And lastly, considering the loane of this twenty pounds to Captaine Vnderhill, if Stamforde im- brace the proposition, as is before exprest, they thought, and by gen'"^' consent and vote itt was ordered, thatt a farther stock be raised, and forthw^i payd into the treasurer att New- haven by the severall plantations in this jurisdiction, namely, five pounds for Guilforde, and five pounds by Stamforde, and thatt Milforde pay ten pounds to equall Guilforde or Stam- forde who have allready beene assessed each of them five pounds towards the foremenconed charges, besides the present leavy, and thatt Newhaven beare their proportionable share, itt being by gen""!! consent and vote of this Court ordered and concluded, thatt all the charges for this jurisdictio, both for the p'^sent and hereafter, be borne by the sevlrl'iV proportions of males w<^h from time to time shall be found in them from 16 to sixty yeares olde, as in the articles of combinatio is agreed for the jurisdiction, of w^h stock, both received and expended, the treasurer shall from yeare to yeare give account to this Geni'ii Court vpon demaund, thatt itt may appeare thatt all disbursements are for the publique service of this jurisdictio, and thatt no plantation be charged above their just proportio. Two letters being now read in court from the magistrate* of Stamforde, the former being dated the 18th, the latter the SH^h pi'sent. Itt appeared by the form"" thatt the justice of the Court of Stamforde hath beene charged by the mai"! of an In- dian captive, for thatt the said captive was scnsured to be pub- liqucly whipped for publique misdemeanours, the ma"" telling the magistrate before witnesse, itt was neither honesty nor justice so to proceed, he haveing corrected the boy att home, ■ * In the margin, "2 letters fro Mr. Eayner." t Richard Crab, poi< [83.] 1643] NEW HAVEN COLONY RECORDS. 119 wherevpon the Court did neither think famyly correctio suffi- cient for such publique offences, nor thatt such affronts to magistracie should either be evaded by sleight interpretations, nor passed by w'h some private acknowledgment, Ordered, that the ma"" of the said captive boy be bound ouer to the Court of magistrates w^h will be held att Newhaven on Mun- day the first of Aprillnext, to answer his miscarryage. In the second letter from Stamforde, the magistrate suppo- sing, in respect of the many in-juries from the Indians receiv- ed, they have cause to begin a warr vpon them, and they sitt still for want of a concurrence of the rest of the jurisdictio, expreseth their apprehensio, thatt if their houses should be fired, &c. the jurisdictio should beare the burden, w^h the whole Court marvilled att, conceiving thatt the councell given Stamforde in the case was most safe for themselves to take, and considering the ingagem* wherein this jurisdictio standeth to the rest of the collonyes, absolutely necessary for vs to give, and thatt no man would be forewarde to give advice if there- fore he must beare the afflicting providences of God w^h may follow. [78] A Gen'11 Court helde att Newhaven the 30t'i of October, 1643, for this Plantatio. Mr. Malbon, Mr. Lamberton, Mr. Evance and Mr. Wake- man were chosen deputyes of this plantatio, and Mr. Malbon continued Treasurer for this yeare. Tho : Fugill chosen Secretary, and Tho : Kimberley chosen Marshall. Itt was ordered thatt one of the squadrons in their course shall come to the meetings every Saboth compleatly armed, fitt for service, w^h att the least 6 charges of shott and ponder, and l)e ready att the meeting house, w^liin halfe an hower after the first beating of the drum, then and there to be att the comaund of the officers in such service as they are appoynted to attend vnto on those dayes, vnder such penalty as the court shall judge meet, according to the nature of their offence ; allso the sentinell and those thatt walke the round shall have their matches lighted dureing the time of the meeting, if they have match locks. 120 NEW HAVEN COLONY RECORDS. [1643 A Court held att Newhaven the 1* of November, 1(543. Robert Lea, for comeing to trayliig w'h his gun charged w4i shott, contrary to order, and carelessly discharging itt against Mr. Gregso his house, to the great danger of the lives of divers persons, who were in the chamber when the shott came through the window, was fined 20^ to the towne, and to repaire the window w<^li was broken by the said shott. The difference about the neck bridg was respited to another Court, onely itt was ordered, thatt those who did the worke are to repair itt for the p^'sent, and to have three pounds for the doeing of itt, provided thatt they doe itt well and substan- tially, and for that end brother Andrewes is to oversee and direct the work while itt is a doeing, and when itt is finished the comittee formerly appoynted to veiw, are to veiw itt againe, to see thatt itt be done according to the intent of this order. Itt was ordered thatt brother Andrewes shall take care thatt three or fower lighter loades of stones be layd by the bridge, to breake the force of the water from itt. Whereas Nathan Burchall hath beene formerly convicted in this Court, for stealing out of Mr. Rob* Newmans house on the Lord's day, in mony the sum of thirteene pounds, and other things to the valine of 1^ 14% itt was ordered thatt he should make double restitutio for the said severall sum% and have some corporall punishment for the aggravations of his fact. Allen Ball is ordered to have 2« 2^1 of the goods of Law- rence Watts. [79] A GENfii Court held att Newhaven the IS'i' of November, 1643. Itt was ordered thatt all those thatt will pay their rates in Indian corne shall pay itt att 2^ 4'' ^ bushell, good marchant- able corne, and thatt every man pay his rates, (w^h are now due,) forthw^h, either in Indian corne as itt is now ordered, or in wam])om, or in cattcll as they shall be justly prized by indifferent men, to such persons as the treasurer shall assigne 1643] NEW HAVEN COLONY RECORDS. 121 to receive the same w^hout any delay, or putting the treasurer to further trouble. Itt was ordered thatt every famyly w'hin this plantatio shall have a coate of cotton woole, well and substantially made, so as itt may be fitt for service, and that in convenient time the tay lours see itt be done. Itt is ordered thatt the great guns shall be forthw^h fitted for service, and Mr. Lamberton and Mr. Rudderforde are de- sired to see itt done. Itt was ordered thatt every chimney in the towne in w^h fire is constantly kept, shall be swept once every monctli from Septmber till March, and once every 2 moneths in suni'', w^h worke Goodman Cooper hath vndertaken to doe, and is to have 4*^ a peece for every chimney thatt is two storyes high and vpward, and 2^ a peece for all thatt are vnder 2 storyes high, to be duely payd him by all those thatt agree w^h him, butt if any will doe itt themselves, and Goodman Cooper come after the time lymitted and finde them not done or not well done, he is to doe itt well, and to have double pay of those whose neglect itt is, and if he shall neglect to doe those, according to the intent of this order, w'^h he vnder- takes, he is to pay double pay for his neglect. Att a Court held att Newhaven the G''' of December, 1643. Goodma Chapman, brother Davis, John Thomas, Sam: Hoskins, brother Nicholls, Joh Charles, Thomas Barnes and Thomas Wheeler were fined 5^ apeece for want of ladders. Brother Thorpe, for comeing late to sett his watch, and neglecting to order itt aright when he did come, was fined 10". Jerimy Whitnell for ]iott* keeping a sentinell forth, and suffering att least some of his watchmen to sleepe, was fined 5^. \ Whereas John Tompson required satisfactio for some dam- age done to his corne by the hoggs of Mr. Eaton, Mr. Malbon and Mr. Lamberton, itt was ordered, that he should have sat- 16 122 NEW HAVEN COLONY RECORDS. [1643 isfactio made by those (whose fence vpoii vciw shall be found defective) according to every mans proportio, w'^h shall be judged by indifferent men. John Chapman, Thomas Kim- berley & Will Preston are desired to goe w'h John Tompso to veiw and judge accordingly. Whereas Tho : Mouleno"" desired thatt some other should have the hearing of the difference betweene himselfe and this plantatio for his disorderly proceedings at Totokett, itt was ordered, thatt he shall have 6 moneths time to bring his arbi- tratoi's whom he shall chuse, (provided they Ijc godly wise) W^li if he shall not doe w^iin the said tearme, he shall submitt to the judgment of this Court, w^h condico he accepted. [80] Att a Court held att Newhaven the 4tii OF January, 1643. Isaack Whitehead, Will Mecar, Thomas Powell, Tymothy Forde, Goodma Hitchcock, Rich: Webb, Pillipp Leake, bro: Elsey, Jonathan Marsh, Ric" Beach, John Lawrenson, Robt Emery, Will lies. Hen: Gibbons, Tho Robinso, Nicholas Gen- nings, Tho: Yale, John Hill, bro Lamson, fined each 1** for late coining to trayne. And Rich : Newman, John Beach, and James Stewart fined each man 2^ for twice late coming. Richard Newman, Peter Browne, Will Potter, John Beach, Goodma Ward, John Benliam, Isaack Whitehead, Rob* Leay, Tho Blakeley, John Medcalfe, bro Lamson, fined each man 2^ for defect, guns. Will Bladen, Rich : Spery, Hen: Glover and John Thomas for defect in their cocks fined each man, 1^ Richard Newman and Will Potter & Isaack Whitehead fined 6 pence a peece for want of shott. Will Mecar fined 1^ for want of shott and ponder, & Edward Chipperficld allso. John Hunter, Will Mecar and Will Blayden fined each man 1« for defect, sworde. John Hill, Edward Hitchcock and Amrose Sutton, fined each man 6*^ for want of flints, & Rich : Lowell 6 OF March, 1644. Mr. Malbon & Captaine Turner chosen Deputyes for this towne agst the Gen""!! Court for the jurisdictio. Mr. Malbon, Mr. Evance, Mr. Lamberton and Mr. Wakema chosen Deputyes for this halfe yeare next ensueing. A comittee was appoynted to consider of the springs, high- wayes and fences in questio about the neck, thatt itt might be fenced in for a pasture, wherevpon a questio was raised by bro: Gibbard, w'her they might not fence in their quarter 126 NEW HAVEN COLONY RECORDS. [1644 w^h the spring w^h is wthin the bounds for their land there, w^h, after some debate, itt was resolved they might nott, be- cause their was an order y* none should fence the springs in the neck fro the como when it is layd for a pasture, and so they rested satisfied. Mr. Malbon, Mr. Gilbert, Mr. Francis Newma and Joshuah Attwater were chosen comittee for the premises. Mr. Malbon vndertooke to see the neck fenced forthw^h, and those who have land their are to pay the cliarg, accord- ing to their proportio, w^hin 20 dayes after the account is given to them, or else they shall loose the feed of their land for 2 yeares next ensueing the date hereof. Itt was ordered thatt every quarter shall appoynt comittees for their quarters to veiw the outside fences, and where they finde defects to lett the owners know; and if they doe nott see itt mended vpon notice so given, if cattell breake in, though it canott certainely be found where they gott in, yett they must beare the damage whose fence was found defective and nott mended. Itt was ordered thatt they to whome the affayres of the towne is intrusted shall dispose of Totokett according as in their wisdome they see cause. Itt was ordered thatt the 2^ drume shall be the period of the souldiers coming on the Lords day. Itt was ordered thatt Stephen the drum'' shall have 5^ payd yearely out of the treasury while he continues drufhr. Vpon a propositio made by those who have the small lotts, thatt they may have the Bever meadowes granted to them by the Genri' Court, itt was ordered, thatt Mr. Wakeman, Mr. Gibbard, Goodma Gibbs and Mr. Pearce shall veiw the said meadowes and certifie the Court if they conceive it may nott ,be inconvenient for the towne to part wUi itt. 1644] NEW HAVEN COLONY RECORDS. l27 [83] [Att a Court of Magistrates held att Newhaveri] THE FIRST OP ApRILL, 1644. Theopliiliis Eaton Goii^'no'", Stephen Goodyeare, Dep'y Goii>"no'", & Thomas Gregson, Magistrate Present, <( for New Haven. Will Fowler & Edmond Tappe for Milforde. Thirston Rayner for Stamforde. Thomas Stevenson and Georg Slowson of Stamforde, being appoynted in their course to watch the Dutchman who mur- dered Captaine Pattricke,* (he being kept prison"^ in the house of Captaine Ynderhill from whence he made an escape through their negligence,) were charged w'h the said escape. Tho : Stevenson said thatt they were carefull to discharge the trust comitted to them, according to the best of their vnderstandimg, butt Captaine Vnderhill perswaded them to lett him goe to bed in a chamber and tolde them thatt if they did butt lock the dore of the chamber wherein the prisoner lay, they might sitt by the fire in the lower roome att the foote of the staires, w<^h the did and had no company butt the captaine and his wife who stayed nott long w'li them before they departed to their lodging, and about 2 or 3 howers after, they missed the prison'', and then the called vpthe magistrate. George Slowson saith, thatt he questioning about the safety of the window of the chamber where the prisoner lay, the captaines wifef showed some dislike of itt, and said what adoc is here, yet the said Geo : rested not there, butt spake to the Captaine himselfe, who said thatt he had spoken w^h the pris- * Capt. Daniel Patrick had been a common soldier of the Prince's guard in Hol- land, was admitted freeman in Watertown, Mass., Maj^ 18, 1631, and chosen captain March 9, 1636-7. He grew, says Winthrop, proud and vicious, and perceiving that liis evil courses would not be endured in the Bay, he removed to within twenty miles of the Dutch and put himself under their protection, and when the Indians arose in those parts he fled to Stamford. He was killed in Capt. Underhill's house, on a Sun- day afternoon during the time of afternoon exercise. " The Dutchman had charged him with treachery for causing 120 men to come to him upon his promise to direct them to the Indians, etc., but deluded them. Whereupon the captain gave him ill language and spit in his face, and turning to go out, the Dutchman shot him behind in the head, so he fell down dead, and never spake." — Mass. Records i., Sav. Winth. ii., 151. t It will be I'emembered that Captain Underliill's wife was a Dutch Avoman. 128 NEW HAVEN COLONY RECORDS. [1644 oner to know if he had no temptatio to escape, who answered yea, butt alas, said he, whither can I goe, I had rather dye vnder the hands of a christian magistrate then vnder the hands of the Indians, and therevpon the said George rested more secure, he further saith, thatt when tlie messengers came from Newhaven, the captaine said to them, now looke to the prisoner yo"" selves for I will take charge of him no longer now that Newhaven men are come. They l)oth alleadge and stedfastly affirme, thatt tliey had no perticular directio how to order their watch, butt onely a gen""" charge wh was given att first to the watchmen, namely, watch the prisoner, and thatt itt was meere ignorance wh was the cause of this miscarry age. Butt because the magistrate affirmeth thatt he gave a new and more strict charge thatt night (vpon the coming of the messengers fro Newhaven,) then he had done formerly, and the watchmen deny thatt ever they heard of any other, so y* the case seemes darke, and because the Governo'' intends to go to Stamforde shortly, the Court referred itt to him to examine and determine their, if he see cause, or else to referre itt to the next Court of magistrates and binde the partyes whom it concernes to answer the same then and there. Richard Crab of Stamforde was called to answer his mis- carryage in chargeing the Court at Stamforde w^h injustice and dishonesty, he said he did nott charge the court, butt said itt was his apprehensio, and thatt he had studdyed the case, butt professed he could not yett see light thatt itt is just to punish the boy twice for one fact, he said thatt the occasio of the boys fact was l^ecausc he was wont to borrow a gun of the man fro whom lie tookc itt, and therefore thought he might make the more l)oklc to take itt att this time, butt att last seeing so cleare an evidence against him, he confessed he had failed in speakeiug such words, and said he was vnder a temptatio, fearing thatt if his boy were publiquely whipped, itt would cause him to run away, w^h would be a great losse to him and a greefe to his wife. The Court haveing heard all thatt he could say for himselfe, sensurcd him to pay 5^ fine to Mr. Rayner the magistrate att Stamforde before the next 1644] NEW HAVEN COLONY RECORDS. 129 court of magistrates, and allso to acknowledge his miscar- riage. The 2'1 of Aprill 1644. Whereas some cattell of tlie goods of Owen Row of London, marchant, have beene form' ly attatched att the suite of Rich : Bellingham of Boston Esqr. (for a debt of 62* 10%) who hath ordained Rich : Malbon of Newhaven his attournay to psecute the said attatclnn^, and the said Mr. Malbon hath now desired the judgm* of this Court concering the saide debt, w^h he cleared to the court to be due to the said Rich : Bellingham. And therevpon the court gave judgment for the said jMr. Bel- lingham, he haveing vndertaken, by a bill vnder his hand, to save this Court harmless fro all just molestations for the same. [84] A Gen['"] Court held att Newhaven [for the jnris- dictio] THE o'l OF Aprill 1644. Present. Magistrates. Dejmtyes. Theoph: Eaton, Governo'', \ . Captaine Turner ^ ])ro Stephen Goodyeare, Dcpty, > xr ^ Rich : Malbon \ Newh : Thomas Gregson, ) Zack : Whitman \ pro Will Fowler ) . John Astwood j Milford Edmond Tapp i ^'^'' J^Iil^^'tlc ^y^jj j^^^^^ ^ j^^^^ i^hQiii\x Thirston Rayner for Stamforde F Guilford Andrew Ward ] pro tt Rob* Coe j Stamforde Itt was ordered thatt the fundamentall orders concerning the fixed Genfii Courts and Courts of Magistrates shall be a suffi- cient sumons to all the plantations wt^hin this jurisdictio, and thatt they shall expect no other warning to prepare them for the same, and for thatt end the magistrate or mag'^ of every plantatio shall call a meeting some convenient time before the said Gen I"!' Courts to chuse their deputyes who are to lie sent 17 130 NEW HAVEN COLONY RECORDS. [1644 w'h due certifficates, and not to come wi^hout as some now did, thoug-h the Court passed itt over att this time. This day a Ibrme of an oatli for the Governo"" and magistrats to take, and anotlier forme of an oath to he imposed upon all the inhahitants w^hin this jurisdiction was propounded to tlie consideratio of the court, who, after some serious dehate and consideratio, rested satisfyed w^h the said formes. And therevpon ordered, thatt itt should be forthw'h putt in execu- tio, and whereas the Governo'" doth shortly intend a journay to Stamforde on other occasions, the Court desired him to improve thatt opportunity, both attStamforde and att Milford, for the giveing of the oath, and the like att Guilforde in time convenient. Itt was further ordered thatt no person or per- sons shall hereafter be admitted as an inhabitant in this juris- dictio or any of the plantations therein butt he or they shall take the said oath vpon his or their admittance. Itt was ordered, thatt there shall be two marketts or fayrs for cattell and other goods every yeare att Newhaven, (viz) one on the third Wednesday in May, the other the third Wednesday in September. Itt was ordered, thatt the Court att Stamford shall pro- ceed in all their conclusions and determinations as the rest of the plantations in this jurisdictio doe, and as is ordered in the fundamental! orders of the last Genrii Court for the jurisdic- tio, (viz) thatt the sentence of the Court be carryed hj the vote of the majo'' part of the Court. Itt was ordered, thatt whensoeter any capitall offendo'' shall be apprehended w'hin this jurisdictio, he shall he sent w''h all convenient speed to Newhaven, there to be kept in safe custody till he be brought to due tryall. Itt was ordered thatt the judicial! lawes of God, as they were delivered by Moses, and as they are a fence to the mor- rall law, being neither typical! nor ceremonial!, nor had any referrence to Canaan, sliall be accounted of morrall equity, and gen''!!y hindc all offendo''% and be a rule to all the courts in this jurisdictio in their proceeding against offendo''% till tliey be branclied out into perticulars liereafter. Itt was ordered thatt in case any of the magistrates in the 1644] ' . NEW HAVEN COLONY EECOEDS. 131 smaller plantation see need of help in some weighty causes or difficult knotty cases, vpon due notice and request to the Governo'", provisio shall be made accordingly. [85] ||Itt was ordered tliatt for the more comfortable carry- ing on of the affayres att Guilforde till they have a magistrate their, the free burgesses may chusc among themselves fower deputyes and forme a court. Itt is ordered thatt every male from 1(3 to 60 yeares olde wt^liin this jurisdictio be furnished forthw*h, w^h a good gun, a sword, a pound of good pouder, 4 fathom of match for a matchlock, 5 or 6 good flints fitted for every fyre lock, and 4 pound of pistol! bulletts, or 24 bulletts fitted for every gun, and so continue furnished from time to time, vnder the pen- alty of 10^ fine for every person found faulty or defective. Itt was further ordered, thatt the Captaine shall give order to the officers, that they take a strict veiw once every quarter of a yeare, thatt all the males from 16 to 60 be furnished as above, vnder the penalty of 40* fine, and if the officers shall neglect to doe itt att his appoyntment, their fine is 40^ allso, to be leivyed att the discretion of the Court, and tliatt a rctourn of the said veiw be made vnto the magistrate or Court, by the captaine or his clarke att his appoyntm', vnder the penalty of the fine aforesaid. Moreover, itt was ordered, thatt there shall be att least 6 traynings every yeare in every plantation, & never above one of those 6 in a moneth, vnder the penalty of 5' fine, to be leivyed of the military officers for every default. Note thatt in such plantations where there is no captaine for the present, there the cheefe officer is in stead of the captaine, and is to veiw vnder the penalty of tlie cap- taines fine. Itt is allso ordered, thatt throughout this jurisdictio, there shall be a comon stock of pouder and shott, according to the orders of y" comissioners for the coUonyes,* (viz) a hundred * " The comissioners do think itfitt to aduise every general court that they would see thatt every man may keepe by him a good gun and sword, one pound of pouder with foure pounds of shott, with match or flints sutable, to be ready vpon all ocations, and to be carefully viewed foure tyraes a yeare at least. And that over and aboue this, euery generall court do see that they keep a stock of pouder, shott and match ever by them. And it is conceived by the comissioners that one hundred pounds ot 132 NEW HAVEN COLONY RECORDS. [1644 pound of ponder and 400' of sliott, (layde vp in every plan- tatid,) for every hundred men or males as aforesd, and so in proportid differently, vnder the penalty of 1^ fine for every pound of ponder, and 20^ for every hundred weight of shott AV'h shall be found wanting after 3 moneths next ensueing Ije oxpyrcd ; the fines for these defects are to be payd into the como wealths treasury. Itt was ordered, thatt a 4ti« part of the trayned band in every plantatio shall come to the publique worP^ of God att the beating of the 2^ drum att furthest, w*h their amies com- plcat, their guns ready charged, w'h their match for their matchlocks and flints ready fitted in their firelocks, & shott & pouder for att least o or 6 charges, (besides their charge in their guns,) vnder the penalty of 2« fine for neglect or defect in furniture, and 1^ for late comeing, allso the sentinell, and they who walke the rounde, shall have their matches lighted dureing tlie time of the meeting, if tlicy vsc match locks. Itt was ordered, thatt a strict watch shall be kept in all the plantati(3^ in this jurisdictio, from the first of March to the last of October every yeare ordinaryly, leaveing extraordinary cases to the Governo'' or Magists, to order as occasion may require, and in the ordinary course to be observed as follow- etli ; The drum is to beate att the goeing downe of the su, all the watchmen to be there w'^hin an liower after the setting of the suii, w^h their amies compleate and guns charged, and att least 5 or 6 shotts of shott and pouder besides, for each of them, and if any of them come late, or be defective in their arnies, they are to pay 1** fine. If totally absent, 5^ fine. The watch is to be sett w^hin an bower after the sunsett, and so is to con- tinue vntillitt be halfe an bower day light in the morning, in all w^h time none are to sleepe. These fines are to be payd into the severall plantions treasury. pouder and foure hundred pounds of shott, with match sutable, at the least, be pro- vided for ever}' hundred men thorow all the vnited Colonies of New England, and that the comissioners at each meeting report how the seueraUjurisdiccons are furnished. * * * It is judged meete by the comissioners that there be trajmeings at least six tynies euery yeare in each plantacon within the confederacon." — Rec. U. Col. Sept. 1643. Hazard ii, 9. 1644] NEW HAVEN COLONY RECORDS. 133 Itt was ordered, thatt the Deputy Governo'' shall give the Govcrno'' his oath. Itt was ordered thatt the Secretary shall have ^ sallary, and the marshall 3^ p aiiu. [S6'] A Court held att Newhaven the 5^'' OF Aprill 1644. John Dillingham, Jonathan Rudd, Edmond Tooly, John Massam, John Hurndell, Mr. Auger, Lanclott Fuller, Wiii Wo(5dcn, Dauid Evance, for a drunken disorderly meeting at the prison on a Lords day att night, where they drunke 3 bot- tles of sack containing 3 quarts, and 2 quarts of strong water besides ; were fined every man, according to the quallity and aggravatio of his offence, as followeth, John Dillingham and Jonathan Rud were fined 20^ apecce, being the anthers prin- cipally, Edmond Toly 10^ for fetching the wine, and John Massam for fetching the strong liquor, fined 10% John Hurn- dell, Mr. Auger, and Will Wooden, fined each man five % and Lanclott Fuller and David Evance fined each 3* 4^^ apeece, because they were butt occasionally present w'li the rest. Itt was ordered thatt Sergeant Beckley according to his desire, shall have liberty for this yeare to make a Avare in the East River and thatt none shall take lil^erty to doe the like w'^hout license of y^ court. Forasmuch as the whole estate of Thomas Trobridge of Newhaven is to be sequestred for the paym* of his debts, (he absenting himselfe, and takeing no course concerlng the same,) and his famyly to be disolved. Sergeant Geffrey and his wife being willing to take the children of the said Thomas Tro- bridge vpon tearmes as followeth, thatt he may have 20 bush- ells of corne, a brass pott, and a bed for the children to lye vpon, the Court ordered thatt the children should be putt to the said Sergeant Jeffrey vpon the said tearmes; provided thatt in case their father shall come over, or send to take order concerning them, thatt then he will referr himselfe to the Court to judg and determine whatt is equall for him to have for the 134 NEW HAVEN COLONY RECORDS. [16J:4 keeping of them, & in the meane time he will take care thatt they be well educated and nurtured in the feare of God- Att a Court holden the It of May 1644. Bro : Pery, being ma"" of a watch and willfully neglecting itt, was fined 10^ Math Row, for sitting downe to sleep when he should have stood sentinell, was fined 5^. Bro: Nicholls, bro: Gibljert, Rich: Web, Tho: Wheeler, Hen Lendall and Will Bassett, fined each man 1^ for late pom- ins: on the Lords dav w*h their armes. [87] A Gen''1i Court held att Newhaven the 25 of May 1644, about the Indians. A letter from Mr. Ludlow was read in Court wherein lie intimated thatt whereas an Englishman hath been crucly murdered of late l)y the Indians, (as he was travilling betwixt Stamforde and Vnkaway,) he had caused 7 Lidians to be apprehended, hopeing thereby to procure the murderers, butt the Indians riseing in great companyes about theire toAvne doe putt the inhabitants thereoff in feare, and therefore he desired advice whatt to he should doc in the case. Wherevi)on itt was ordered y^ advice should l)e given him to detaine the Indians prisoners, wUi intematio thatt if there be cause of help and they desire itt, men shall be sent vnto them vpon the retourne of the messengers, and for thatt end thatt 20 men shall be putt in readynes forthw*h, and fitt to send if need be upon a short warning. 1644] NEW HAVEN COLONY RECORDS. l35 A Gen^ii Court held att Newhaven the 3 op June, 1644. A letter from Thirstou Rayiier, magistrate of Stamforde, being read in the court, itt appeares, thatt a woma of thatt towne hath of late beene cruelly wounded if nott murdered by an Indian,* so thatt itt is thought thatt the Indians being so bolde and insolent are misceivously bent to begin a warr against the English, therefore, itt was ordered, thatt a speedy course be taken to finde out the murderer, and thatt the Gov- erno'', magistrates and deputyes, w^h the captaine and leive- tennant as a councell of warr, shall order all the martiall affayres in this jurisdiction yntill the next court of electio. Att a Court held att Newhaven 5th of June, 1644. John Chapman being ma'' of a watch and neglecting itt, was fined 10^ Mr. Gilberts man, being absent att his watch, was fined 5^. George LarrynW, for neglecting his watch, fined 2^ Q'^. Theophilus Higginson was complained off for keeping a dog w^h hath trespassed divers of his neighbours, and he hath beene tolde of itt. A will and inventory of John Owens delivered into the court by John Hall, his executo''. Itt was ordered thatt George Pardy shall dwell w^h Francis Broone as his apprentice, for the tearme of 5 yeares from lienceforwarde, dureing w^h time the said Francis is to doe his endeuo"" to teach him the trade of a taylo^. * " At Stamford an Indian came into a poor man's honse, none being at home but the wife, and a child in tlie cradle, and ta'king up a lathing hammer as if he would have bought it, the woman stooping down to talic her child out of the cradle, he struck her with the sharp edge upon the side of her head, wherewith she fell down, and then he gave her two cuts more which pierced into her brains, and so left her for dead, carrying away some clothes which lay at hand. This woman after a short time came to herself, and got out to a neighbours house, and told what had been done to her, and described the Indian by his person and clothes, etc. Whereupon many In- dians of those parts were brought before her, and she charged one of them confidently to be the man, whereupon he was put in prison with intent to have him put to death, but he escaped, and the woman recovered, but lost her senses. Sav. Winth. II. 188. tdQ NEW HAVEN COLONY RECORDS, [1644 [88] Att a Gen'I' Court held att Newhaven the 23 of June, 1G44. Bro : Will Tompson and Henry Lendall were admitted mem- bers of the court. The formes of two oathes were propounded to tlie Court to be taken the next second day in the morning, by all the inhal)- itants in this plantatio, one of them is to be taken by all, and the other by the governo'' onely. A motio made on the behalfe of Goodma Smyth for a lott by the sea side, beyond the West River, was taken into consid- eratio and referred to bro: Gibs, bro: Miles, bro: Ceely, bro: Clarke and bro: Peck, to see if itt may stand w^h the conven- iencie of the towne to grant itt. Itt was ordered thatt the night watches be carefully attend- ed, and the warde of the Saboth dayes be dilligently observed, and yt every one of the trayncd band bring their amies to the meeting every Lords day; allso y^^ the great guns be putt in readynes for service ; allso y' the dru be beaten every morning by breake of the day, and att the setting of the sunne. Itt was ordered y'' every Lords day 2 men shall goe w^h every heard of cattell w'h their amies fitted for service vntill these dangers be ouer. Itt was ordered thatt the fearmes shall be freed fro watchins att the towne while there is need of watch att the farnies, pro- vided thatt they keepe a dilligcnt watch there. Att a GENfii Court held att Newhaven the 1^ of July, 1644. The Governo'' tooke this oath as followeth, I Theophilus Eaton, being att a Gen'"'' Co'' in October last, chosen Governo'' w^iin Newhaven Jurisdictiu for a yeare then to ensue, and vntill a new Governo'' be choseji, do swcare by the great and drcadfull name of the ever living God, to pro- move the publique good and peace of the same, according to the best of my skill, and will allso maintaine all the lawfull priviledges of this como wealth, according to the fundamentall 1644] • NEW HAVEN COLONY RECORDS. 137 order and agreeing made for goveriimt in this jurisdictio, and in like manner will cndcno'' tliatt all wliolsomc lawcs thatt are or shall bo made by lawfull antliority here established l)e dnely execnted, and will further the executio of justice accord- ing to the righteous rules of Gods worde, so help me God in o'" Lord Jesus Christ. The Governo'' haveing allso received the oath of fidelity as followeth, I Theophilus Eaton, being by the providence of God an inhabitant w'hin Newhaven Jurisdictio, doe acknowledge myselfe to he suljject to the goverm^ thereof, and doe sweare be the great and dreadfull name of the ever living God, to be true and faithfull vnto the same, and doe submitt both my person and my whole estate therevnto, according to all the wholsome lawes and orders thatt for present are or hereafter shall be there made and established by lawfull authority, and thatt I will neither plott nor practise any evill agst the same, nor con- sent to any thatt shall so doe, butt will timely discover the same to lawfull authority here established, and thatt I will as I am in duety bounde, maintaine the hono"" of the same and off [89] the lawfull magistrates thereoff, promoting the || pub- lique good of the same whilest I shall continue an inhabitant there. And whensoever I shall be duely called as a free Imr- gesse, according to the fundamentall order and agreem^ for governmt in this jurisdictio to give my vote or suffrage touch- ing any matter w^h concerneth this como wealth, I will give itt as in my conscience I shall judge may conduce to the best good of the same w^liout respect of persons, so help me God, &c. Then he gave itt to all those whose names are herevnder written, Stephen Goodyeare Thomas Fugill Rich : Hull Thomas Gregson Ezech: Cheevers John Mosse Richard Malbon John Ponderson Adam Nicholls John Evance Will Andrewcs Abraham Bell John Wakeman John Chapman Joshuah Attwater Nath : Turner John Clarke Tho : Kimberley Math: Gilbert Rob' Ccely Tho: Jeffreyes 18 138 NEW HAVEN COLONY RECORDS. [1644 Will Thorpe Francis Newmil Andrew Low Tho: Monnson Tho: Nash Rich : Pery Witt Peck John Gibbs John Livcrmoore Nicho: Elsey Antho: Tompson John Vincent Will Potter Jasper Crainc Rich Miles Roger Allen Will Ives Francis Browne John Nash Will Davis Sam : Whitehead John Brockett Math Camfield Tho: Lamson Math : Moulthrop Will Preston Tho : Beamont Marke Pearce James Russell Will Tompson Henry Lendall Robt Abbott Will Gibbard Will Bassett Thomas Wheeler Henry Browning- Benjamin Lingo Tho: Yale Rich : Beckley John Cowp Jarvis Boykin Robt Hill Rob* Johnson Arther Halbidge Edward Banister Tymo: Fordo Matliias Hitchcok James Clarke Rich: Osborne Edward Patteson Geo : Smyth Will Janes Jerr: Whitnell Tho: Morris Benjamin Willmott Tho: Powell Peter Browne John Tompson John Tomas Tho: Mitchell Will Gi1)bons John Hall Luke Hitchcock Rich: Newman Tho: Knowles Edward Chippfield Steph: Medcalfe Christo: Todd Tlio : Osborne Robt Pig Natli: Merrymii Sam: Higginson Theoph: Higison David Atwater Ricli: Mansfielde Hen : Glover Daniell Paule John Wilforde Hen: Peck Will Russells Will Fowler Geo Larrymore Rol)t Allen John Caffins Tho: Wheeler Luke Atkinson Thomas Lupton Ephraim Penington Allen Ball Edward Parker Lawrence Warde Tho: Coefield Johnath: Rudd John Griffin James Hewarde Rich: Beach David Evance Robt Campion Edward Watson John Dillingham Will Slow Robt Martin John Hill Aml}rose Sutton John Walker Thomas Blakeley - Thomas Clark Rich: Spery Henry Morrill Tho: lies E]dmond Tooly Johnatlian Sergant Tho: North Robt Persons 1644] NEW HAVEN COLONY RECORDS. 139 Will White Raiph Lines Rob* Bassett Roger Knap Robt Mecar Will Mecar John Beach John Hutchison Joseph Peck Tho: Robinson Will Fancie Rice: Edwards Tho : Robinson jun Mighell Palmer Robt Lee Will Holt Tho: Barnes Rob* Emery Robt Vsher James Guillam Ed: Campe Phillip Leake Abra: Doolittle Will Ball Nich: Baly Rich: Harrison jii"^ James Bell John Linley Isaack Mould Joseph Alsop Rich: Lambert Edward Preston Edward Newton Will Bladen Rich : Webb John Mors John Kimber Joh: Seckett Fran: Church Plen: Gibbons Will Paine John Hurnde[ll] Tho: Caffins Isaak Beaclie[r] Edward Hitch [cock] John Massam Geo : Duning August 5th 1644 Fran: Brewst[cr] Geo: Lamberton Joh: Benham Edw: Wiglsewor[th] Johnath: Marsh Raiph Diglito ^-^ Mr, Bracie Joh: Wakefi[cld] Hen: Bisli:p Will Bradley Abra : Stolyon Geo : Warde Roger Betts Nath : Burchall Fran: Hall Joh: Herrima[n] Sam: Hoskins Rich : Harrison [sen] Nich : Auger Sam: Willson Peter Mallery Joh: Hunter Martin Titchin Sam: Caffins Will Toutle Hen Rudcrford Joh: Bassett Joh: Megs [The following names in the handwritm^ March the 7'^ 1647 Samuell Ceffinch Thomas Johnson , Mathew Rowe Isacke Whithead Richard Mordan Joseph Gernsye Edward Keylye Richard Hubball Job Halle Henery Loynes William Judson James Bishope Daniel Turner Thomas Meekes Henery Carter John Chidsye Beniamen Hill Joseph Nash Thomas Beech of Francis Newman.] Henery Bristowe John Winston Robert Preston Thomas Marshall Thomas Dun Joshua Griffen Samuell Goodanhouse John Tompson Edward Watters John Jones 140 NEW HAVEN COLONY RECORDS. [1644 The 2*1' ofMayelG47Ephraim How John Knight old Willmott John Johnson Samiiell Marsh Geo: Pardy -: James Eaton John Jackson Jeremiah Osborn John Benham jun'' Joseph Benham May 2'i 1654 the 18th of October 1648 at a court of Magis trats. Mr. Westerhousc Hen: Boutle Sam Andrewes Robert Clarke his man Thom Hogg A prill 4th 1G54 Mr. Samuell Eaton Robert Talmago Thomas Harrison John Downe Timothy Nash Jeremiah How Sam: Farres Edward Perkins Andrew Hallaway John Brookes John Hudson Thomas Trobridge Jeremia Hull John Potter Richard Johnson John Allen John Baile William Pringlc Math : Molthrop jun Joseph Potter Anthony Tompson Ellis Mecs Hen Hummerston 22th May 1654. Will Willmott Will Wooden Richard Miles jun^ Daniell Hopper William Gibbs, Hatter [J]ohn Tuttill see 138 [Transferred from page 138. In the handwriting of Fi-ancis Newman. J The names of persons that haue taken the oath of fidellitie are entered in fo: 89, and follow as hereafter, ye 7th 2^ mo: 1657. Mr. Bower Tho : Tomlinson Mr. John Dauenpo'"t Tho: Addams jun John Walker Samuell Wakeman Sam: Ford Geo: Constable Jonathan Tuttill Jeremiah Johnson John Laml)ert Jolin Dauis Anthony Ellcott Wiilm: Chatterton Benja: Bunill Edmund Dormer Sam Myles John Browne John Hull Thom Weedcn Isack Hall Daniell Bradley Joseph Mansfeild John Tompson Humphery Sj^enning Wilhn Tyler Mr. Melyen Jacol> Melyen Willm. Anderson Richard Anderson Stephen Daniell 1644] NEW HAVEN COLONY KECORDS. 141 [The following in the handwriting of Mr. Gihbard.] Th e fir St of May 1660 Joseph Pecke Stephen Bradely Thomas Hiickly Nathaniel Boykin Zackariah How Daniel Shearman Nathan Andrewes Nathaniel How Moses Mansfeild Thomas Tuttle John Hiclicock Richard Bowten Hackeliah Preston Mathias Hithfeild George Rawse Isaac Turner Cornelius Offhening James Clarke junio'' Nathaniel Thorp Jehiell Presto Eliazer Browne [In the handwriting of Thomas Fugill.] [90] Itt was ordered thatt the weekely traynings of the squadrons shall be renewed as before, every last day of the weeke, (except thatt weeke wherein the gen^n trayning is, w^^h is to be every fift weeke, and that the olde orders be ob- served, W^h was made the 6' of August 1642, concerning the trayning of y^ squadrons. ' Liberty was given l)y the Court to begin an Artillary com- pany, and to ad to themselves such as out of the trayned Ijand or others being free, doc offer theselves to be of the Artillary, and to chuse their owne officers and settle their owne orders, so as they use the said liberty moderatly, nott intrenching upon the fundamentall agreem* of this Court, provided allso thatt they so order their traynings, thatt if any of the officers of the trayned band be of the Artillary, they may attend the squadrons traynings and yett not loose the opportunity of the Artillary meetings, and thatt all such as are accepted of the Artillary shall be freed from the squad- rons traynings if they be nott officers of the trayned band. Itt was ordered, thatt if a trayning day prove rayny, the next second day after shall be for a gen'^i^ trayning in stead thereof. John Clarke desired to lay downe his sergeants place, whereupon John Nash was chosen sergeant. Abraham Bell was chosen corporall in stead of John Nash. Joshuah Atwater desired to lay downe his clarks place, and thereupon Rich : Perry was chosen clarke of the trained band in his stead, and he freed from trayning in respect of his weakenes. 4 142 NEW HAVEN COLONY RECORDS. [1644 Mr. Gregson and Mr. Wakema propounded, tliatt the land towards Mr. Goodyears farme and the plaine by the pine rock may be veiwed, to see if it will accomodate their quarters for their 2^ divisio and sute the townes occasions allso. Mr. Gregsoii desired thatt he might have his 2^ divisio by the Sollitary Cove,* and Mr. Hawkins by the sea towards Milforde. Captaine Turner, Mr. Malbon, Rob^ Ceely and Francis Newman were desired to veiw the said lands in question. Itt was ordered thatt whatsoever pigs under 3 quarters of a yeare olde shall be found in the corne unyoakcd, no fence being downe, the owners of them shall pay 6'^ apeece. This order to be in force no longer then till Indian harvest be inned. Itt was ordered, thatt Rich : Miles, Wiil Davis and Nicholas Elsey, shall see tliatt all the measures in the towne lie made according to the stander sent from the Bay.f A Court the S'^ of July, 1644. Will Andrews was warned to the Court about some defects in the meeting house, butt the prosecutio of itt respited. Joh : Hall demand 3^ due to him from Roger Knap in the right of his wife w^h he did acknowledge, whereupon it was ordered, thatt he should paye the said 8', only a1)ateing 14« w^h he hath done in worke for John Woollen, brother to the said John Halls wife. Edward Banister demaunded 4^ of Goodma Bishop on the behalfe of Joh : Burrows, whereupon it was ordered, that the said Goodma Bishop shall putt in security to pay the mony into the Court the next Court, excep he can show cause to the contrary. * Mr. Gregson was the first white settler of East Haven. Dodd, E. H. Mem. 11. t " It is thought fit and ordered that there be one and the same measure throughout all the plantations within these vnited Colonies, which is agreed to be Winchester measure, viz : eight gallons to the bushell." Eec. I'. Coll. Sept., 1643. Hazard, ii. 10. 1644] new haven colony records. 143 [91] Att a Gen""!' Court held the 5^^ of August, 1644. Forasmuch as there are certaiiie percells of meadow ad- joyning to the skirts of y*^ upland in severall parts of the neck, w^h belongs to sundry planters in the towne and thatt meadow cannott be improved to the best advantage of the owners w^i- out being inclosed, the neck being now layd for a pasture of cattell, itt was therefore ordered, thatt in the towns behalfe the treasurer shall pay for one halfe of the fence thatt is or shall be made betwixt the said meadowes and the upland, w<=h fences being once made, they who owe the meadowes are to maintaine them ever after at their owne proper charge. And in case any pticular quarter or pson shall desire to fence their land in pp, before they begin they shall pay to the treas- urer their proportio of the aforesaid gen^'^i charge, as itt shall be then judged worth. Mr. Malbon, Mr. Lamberton, and Mr. Evance, having seriously considered the great damage w'^h this towne doth suffer many wayes, by reason of the flatts w^h hinders vessells and boates from coming neare the towne when the tyde is anything low, did propound to the Court thatt if they will grant them 4 dayes worke for every man in the towne fro 16 to 60 yeares olde, towards the digging of a channell, and lett them have the benifitt of a wharfe and warehouse, (w<^h they will build) upon such tearmcs as shall be agreed betwixt themselves and a comittee, (whom they desired the Court then to chuse to treat w'h the about itt,) they will digg a channell w<=h shall bring boates, (att least) to the end of the streete besides Will Prestons house, att any time of the tyde, except they meete w^h some invincible difficulty w^h may hinder their digging the channell so deepe — Whereupon itt was ordered, thatt they shall have the help propounded by them, (viz :) 4 dayes worke of every male in the towne from 16 yeares old to 60, those thatt cannott worke, to hyre others to worke in their stead, and those thatt can, to worke in their owne persons. And thatt Mr. Rob^ Newman, Mathew Gil- bert, John Wakman, Will Gibbard, Jasp Craine, Will An- drowes, Anthony Tompson, and Rob* Ceely as a comittee, w^h 144 NEW HAVEN COLONY RECORDS. [1644 the advice of the governo'' and magistrates to treate w'h the said vndertakers, and agree upon such tcarmes as may be equall and for the pul)lique good, setting downe in writing whatt is done and expected on either pt. Wiil Peck having butt halfc of a small lott to his houslott, whereby he is much straitened, desired 20 rod of ground over agst his house by the creeke, w^h was granted w^h this proviso, thatt, if the towne sec cause to take itt fro him for any publique vse, he shall relinquish itt, they paying him such charges as shall be judged just. Mr. Gregson desired thatt he might have his 2'' divisio Ijy the place called the solitary cove, W^h was granted him. Itt was ordered thatt all the measures in the towne shall be fitted according to the new measure W^h is brought from the Bay and appoyntcd to be the standard for all tlie collonyes, and marked w^h a new marke NH , and those who arc to doe itt are to have 4^^ for every bushell W'h they so fitt and marke, 2*' a peece for every halfe bushell, peck and halfe peck, and 2'i allso for every bushell w'^h the onely marke and doe nott cutt. The day appoynted for the said service is the 19*'' day of this moneth, att w^h day every one thatt have meas- ures to fitt are desired to bring them to the meeting house. Those who were desired to veiw the Beauer meadowes made retourn thatt they conceive itt will not l)e convenient for the towne to part w4i itt. [92] Att a Court held the 7t>i of August, 1644. Whereas complaynt was made by Thomas Nash of damage done in his corne to ye value of 9 bushells by lioggs in their quarter, itt was ordered, that the coihittee form'ly appoynted, (viz :) Thomas Kimberly, John Chapma, Thomas Mounson and John Tompso, naylc, shall veiw the fences of the said quarter, and so farr as damage hath come by defective fences, they are to lay the charge of the said 9 busliclls upon the 1644] NEW HAVEN COLONY RECORDS. 145 severall fences they finde defective, and if all cannott meets about tlie said veiw, then 3 of them may determine itt. Theophiliis Higginson desired the Court to forbeare him till the next springe, aleadging thatt he is nott able to pay his fines till then, whereupon the Court granted his desire. Itt was ordered thatt all the fines shall be demaunded fortli- w'h, and if any refuse to pay, the marshall is to warne them to the Court. Richard Newma, being warned to the Court for neglect of his watch, he nott appearing, itt was ordered, thatt if he come nott before the Court rise, he shall pay 1^ fine for not appear- ing, and 1^ to him thatt watched in his steade. Richard Perry having beene formerly fined 40^ for neglect of his watch, att his humble request for ?orae modcratid, the Court ordered thatt he should pay onely 15'' . Will Andrewes, haveing undertaken to build and finish the meeting house, did lett out some part of the worke to Thomas Mounson, and Jervas Boykin, who putt itt off to Thomas Saule and Will Gibbons, w^h the said Will Andrewes consent and approbatio, provided they did itt well, butt in the issue itt was defectively done by the said Thomas Saule and Will Gibbons, and Thomas Mounson and Jarvas Boykin conceive they are discharged of their bargaine, butt Will Andrewes ^Ueadged thatt he never discharged them of their covenant whereby they were bound to doe itt well and substantially, butt w^h condico, thatt they should see the said Thomas Saule and Will Gibbons pforme their bargaine w^h was to make the roofe of the tower and turrett thite to keep out wett, butt be- cause there was a defect of testimony on all sides, the Court advised them to consult together and doe itt amongst them so as the meeting house may ho kept dry w'liout delay. 19 146 NEW HAVEN COLONY RECORDS. [1644 Att a Gen^h Court held the 19th of August 1644. Captaine Turner and Mr. Malbon were chosen Deputyes for the Genfi' Court to beheld for this jurisdictio about the tryall of an Indian, (called Busheage,) who is to be arrayned for murder.* Itt was ordered, thatt whosoever doth pass through a como gate or a gate into a como field and leavs itt nott well shutt, shall pay 5^ fine and beare all damage w"h shall come by such their neglect. If children or servants shall doe itt, their parents or governor's shall pay itt for them, butt the servants to beare itt out of their wages. Itt was ordered, thatt they of the watch who walk the last round shall call up the drumi" an hower before day every morning to beate the drum. Itt was desired, thatt seeing Mr. Malbon is to be fro home, thatt the other 3, (viz:) Captaine Turner, Leivtenant Seely and Antient Newma would perfect the veiw intrusted avMi them the 1^ of July last. The marshall is to cry all lost things wh are brought to him to keep, on the lecture dayes and faire dayes, and to have 1^ for evy cry, of the partys who shall challeng the things cryed. Itt was ordered, thatt the next 5'i' day shall be a gen'^i traying, and the next gen'" trayning to hold notw^hstanding. * For the murder of the woman at Stamford, ante p. 135. He Avas arrested and delivered to the English by Wuchebrough a Potatuck Indian. The record of the trial is lost, but Winthrop informs us that " the magistrates of New Haven, taking advice of the elders in those parts, and some here, did put him to death. The execu- tioner would strike off his head' with a falchion, but he had eight blows at it before he could effect it, and the Indian sat upright and stirred not all the time." Sav. Wiuth. ii. 189. Rec. U. C. Sept. 1646. 1644] new haven colony records. 147 [93] Att a Court held att Newhaven the 2'1 of October 1644. Roger Kiiap Avas discharged of his fine w^h was sett upon his head for want of armes, because the Court was informed thatt his armes was burnt in Delaware Bay, and after he came hither he was afflicted w*h sicknes and so poore thatt he was nott able to buy armes in due time, bvitt now he is furnished w*h armes. Mrs. Stolyon demaund a debt of 3'-8-6 of Goodman Chapma, Ijutt RoIj*^ Seely testified thatt Mrs. Stolyo had given him a note of thatt debt among others, to be payd into the ship on her behalfe, and accordingly he accepted itt, and thatt the said John Chapma from thatt time became debtto'' to the shipp, butt Mrs. Stolyo affirmed y* afterward she having payd all her part into the ship, and John Chapmans debt being yett unpayd, she desired Mr. Attwater, (who was then to receive the ships pay,) to lett John Chapma know thatt now she expected the 3i_8-6, should be payd into her owne hands, and to strike out his name out of the aforesaid note, w^h Mr. Atwater affirmed upon oath he had done, and thatt John Chapma said -to him then that he cared nott, for he had as leave pay itt to Mrs. Stolyon herselfe, whereupon itt was ordered, thatt John Chap- ma shall pay the 3^-8-6 to Mrs. Stolyo. Att a Gen""'! Court held the 21ti» of October 1644. Thomas Lupton, Will Russells and Henry Glover were ad- mitted members of the Court. Itt was ordered thatt the Secretary shall write to all the plantations in this jurisdictio to lett them know thatt att the Court of Elections consideratio will be had of chuseing the comission""^ for the coUonyes att the said Court by the vote of all the freemen, thatt accordingly their deputy es may come prepared. Mr. Malbon and Captaine Turner were chosen Deputyes for the Gen"^!! Court next ensuing. 148 NEW HAVEN COLONY RECORDS. [1644 Mr. Malbon, Mr. Lamberton, Mr. Evaiice and,Mr. Wakema were chosen Deputyes for the next ensuing halfe yeare. Mr. Malbon was chosen Treasurer for this ensuing yeare. Tho: Fugill was chosen Secretary for this ensuing yeare. Tho : Kimbcrly was chosen Marshall for this ensuing yeare. After some serious debate al)out the turning of the Mill River, Mr. Goodyeare, Mr. Turner, Mr. Malbon and Mr. Wakema were chosen comittees and desired by the Co""* to take unto them such workmen as have skill and veiw the said River, exactly to see whatt advantages or disadvantages they can discerne w^h may either incourage or discourage the worke, and allso to veiw the bridge oner tlie Mill River and report to the Court whatt they discerne or conceive is most meet to be done concerning the p'"mises. The Treasurer desired, thatt every one to whom the towne is indebted would bring in their accounts, and thatt all those thatt have alienated any land would enter itt, thatt the treas- urers booke may be perfected. Goodma Smyth of Stratforde desired thatt he may have 30 or 40 acres of upland and 10 acres of meadow granted him for the comfortal)le keeping of sheepe about the Oyster River, whereupon itt was ordered that those who are intrusted in the townes occasions for disposeing of lotts, shall consider of the said ppositio, and order itt as they see cause. Richard Miles, Jasper Craine, Anthony Tompson and Fran- cis Newman were chosen to be constant survayers, (until! others be chosen instead of them,) of all the comon high wayes aboute the towne and the bridges allso, and if need be, to press men & carts for the repair of all such defects as they shall finde from time to time, and the charge to be borne by the towne. [94] II Whereas divers trespasses have beene comitted by those of the suburbs in Mr. Lambertons quarter, by tlie driving of hoggs to the Oyster poynt and haunting them there. Mr. Lamberton desired to know the judgm' of the Court, whether itt be meete for them to haunt their hoggs there, seeing for want of foode they will unavoydal)ly trespass, whereupon a comittee was chosen to veiw the matter in questio, and to re- port to the Court how they finde itt. Mr. Malbon and Mr. [1644 NEW HAVEN COLONY EECORDS. 149 Gilbert for the suburbs, and Mr. Gibbarcl and Richard Miles for Mr. Lambertons quarter. [A General Court for the jurisdictiou was held Oct. 30, 1644, as appears from the date of the appointment of Commissioners, and probablj' at the same time the juris- diction resolved upon taking measures to procure a patent from the Parliament.] Att a Court held the 6^ of Novemb. 1(344. Henry Humerston, for creeping into Captaine Turn^s house att a window in a felonious manner in the time of the publique meeting on the Lords day, was sentenced to be whipped. Mathew Camfield, for neglect of his watch, was fined 10*. Thomas Nash desired satisfactio for 12 bushells of corne damage dx)ne in his corne, by reason of defective fences ptly, and partly the nott setting up of the fence in due time accord- ing to agreem"^ ; whereupon itt was ordered thatt the quarter shall beare the damage of ^ bushells, because the fence belonging to the towne was nott sett up in time, and the other ^ bushells to be borne l)y those perticular fences w^h upon veiw was found defective. Att a Gen^h Court held the 11th of Novemb: 1644. The propositio for the releife of poore schollars att the col- ledge att Cambridg was fully approved off, and thereupon itt was ordered, thatt Josuah Attwater and William Davis shall receive of every one in this plantatio whose hart is willino- to contribute thereunto, a peck of wheat or the valine of itt Whereas the Gen'^ Court for this jurisdictio did see cause to putt forth their best endeuo'"'* to procure a Pattent fro the Parliament, as judging itt a fitt season now for thatt end, and therefore desired Mr. Gregson to undertake the voyage and busines and agreed to furnish him w^h 200^ in this juris- dictio, of w^h, in proportio to the other plantations, Newhaven is to pay 110' in good marchantable beaver, itt was thereupon ordered, thatt the said 110' shalbe procured at the charge of 150 NEW HAVEN COLONY RECORDS, [1644 the towns treasury, vpon such tearmes as itt may, and the towne to stand to the tearmes and beare the damage thatt may come thereby. The comittee thatt were appoynted to veiw the land for Mr. Gregsons and Mr. Wakemans quarters, reported, thatt they found much land w^h they conceive is good, butt what quan- tity they cannot judge, and therefore desired thatt a comittee may be now appoynted to veiw and survay the land yt yett is unlayd out, to see if it be such land for quallity as hath beene layd out to other quarters for their 2'i divisio, and allso w^ quantity there is of it. Mr. Malbon, Mr. Francis Newnin, Anthony Tompson and Leivtenant Seely were appoynted for the said veiw. Ypon complaint made by some of the planters of Totokett, thatt the Mohegin Indians have done much damage to them by setting their traps in the walke of their cattell, itt was ordered, that the marshall shall goe w'h Thomas Whitway to warne Yncus or his brother or else Foxen to come and speakc w*^h the Governo'' and the magistrates. [95] II Itt was propounded thatt, (because many men thatt come and appeare att the Genr'i Courts when their names are called over, goe away before the Court rise,) the order for ap- pearance att Genrii Courts under a penalty be read att the H,ext Gen""!' Court, thatt itt may be altered if there be cause. Itt was propound thatt att the next Genfi' Court, survayers may be chosen for every quarter to veiw the fences belong to their severall quarters, and where they finde any defective, to acquaint the owners, and if the defect be nott mended by a day appoynted, the survayers to gett itt done and the owners ^to beare the charge w'h some fine. Itt was allso propounded thatt a comittee may be appoynted to veiw all the orders thatt are of a lasting nature, thatt such as are defective may be mended and presented to the Court to be confirmed. 1644] NEW HAVEN COLONY EECORDS. 151 A Court held att Newhaven the 4th OF December, 1644. John Gibs and William Gibbard were fined eacli of them 10^ for neglecting their watch, they being ma'"^ of the watch. A Court held att Newhaven the £'• of January, 1644. Whereas some goods belonging to Mr. Pike of Yncaway, in the hands of Tho : Rol)inson of this towiie have beene attatched by warrant from Mr. Gregson att the sute of John Livermore of this towne allso, who desired the judgm* of the Court, whereupon itt was ordered, thatt Thomas Robinson shall keep somuch of the said goods in his hands as will satisfie the just demaunds of the said John Livermore. John Dillingham and Thomas North, for totall absence att traying, fined each man 2^ 6*^. Whereas there was a difference betweene Mr. Evance and John Tompson, naylcr, about the price of 2 heifers w<=h the said John Tompson bought of Mr. Evans, itt was agreed l)etwcenc them in the Courtt, thatt Mr. Evans should have his heifers againe. Forasmuch as itt appeared to the Court, thatt Mr. Leacli hath brought some bricks from the brickills in the plains wh did belong to Mr'. Gregson, itt was ordered thatt Mr. Leach shall pay Mr. Gregson for them. Mr. Evance desired the judgm' of the Court concerning a debt of 61 15% w^'h he demaund of Edward Chipperfield who had put him of w^h excuses, and did alledge it should have beene payd out of a kill of bricks ^''h. was to be devided be- twixt Steven Medcalfe, John Medcalfe and himselfe, butt upon examinatio, itt appeared thatt there were not so many bricks due to him of the said kill full as would satisfie Mr. Evance his debt. Will Andrewes allso desired a debt of 5i due to Will Hard- ing fro the said Chipperfield, who having nothing wherew^h to 152 NEW HAVEN COLONY RECORDS. [1644 pay either the one or the other, said he would referr himselfe to the Court. Tho Blacksley, because of his poverty, had part of his fine remitted, (viz) 6^ 8^. Nathan Burchell his fines for defects remitted hitherto, pro- vided thatt he gett armes and attend traylngs duely for time to come. All yt have beene fined for not bringing' their armes to the publique worP^ remitted hitherto. Bro: Abbott demaunded satisfactio of Mr. Lamberton for damage done by his hogs in the Oyster shell field, butt re- spited. Rob* Parsons desired his fine might be remitted, but the Court sec no cause why. [96] Att a Court held att Newhaven the 5th OF Feb: 1644. Whereas certaine goods belonging to Mr. Lewis of London have beene attatched in the hands of William Andrewes att the sute of Thomas Stevenson of Yenicott, Mr. Priden as his attournay required judgm^ upon the said goods. The Court understanding that the said Stevenson solde and delivered to *Mr. Lewis aforesaid a boat att Yirgenia valued att 8'. Thatt the said Lewis did premiss in lew thereof thatt the said Steven- son should have a mare of his w^h was then in the hands of Mr. Russells of Charlestowne in the Massacusetts, butt when the said mare was demaunded, the said Mr. Russells said he had sould her for fower pounds, whereupon itt was ordered, thatt the said Will Andrewes shall pay unto the said Mr. Priden the su of 4' w^li was the price of the mare when shee was solde, and the remainder of the said goods in the hands of Will Andrewes belonging to Mr. Lewis shall rest there as attatched till the Court dispose otherwise of or concerning them. William Tompson demaunded satisfactio of Mr. Gregson for damage done in his corne by his hoggs, itt being evidenced in the Court thatt the fences of Goodman Banister, Edward Patte- 1644] NEW HAVEN COLONY RECORDS, 153 son and John Charles were defective att the same time when his hogs did the damage, itt was ordered, thatt they shoukl beare the damage according to their different just pportio% (viz) Edward Banister 3 bushells, and the other 2 each of them one biishell and a halfe. Thomas Mouleno'' sen'", and Thomas Mouleno'' his son, being charged w'-h sundry miscarryages and breach of peace but nott issued, itt was referred to another Court and in the meane time itt was ordered, thatt they shall both enter into into a recognisance of each man 100' to keep the publique peace and be of the good behavio'' towards all people and especially to- wards the inhabitants of Totokett. Arthur Halbidge, having beene formerly charged by Mr. Browning for stealing fro him a bushell of corne to the valine of 4«, and a shirt or frock to the value of 1% w^h he att first denyed w'h cursing himselfe butt now confessed the fact, and was sentenced to be whipped and to make two fould restitutio to Mr. Browning, and to beare all the charges w'^'h have beene caused by him. Richard Lambert, having beene form'"ly convicted and sen- sured for sundry miscarriages in was of unrightousnes, now made an acknowledgm^ of his guilt in the court, thinking thereby to give satisfactio, who showed themselves willing to take satisfactio, butt yett advised him to be carefull to make his peace w'h God, and seeke to gett that bitter roote, (whence such evill frutes did spring,) that a reformatio of those evills may appeare in his conversatio. A Court held the 6"' of March 1644. Mathew Crowders fine remitted upon Mr. Brownings testi- mony thatt his was sick att thatt training fr(3 w^h he was absent. John Walkers fine was ivas remitted bee: he was lame. Robt Parsons fine respited till May or June. 20 154 new haven colony records. [1644 [97] Att a Gen>ii Court held att Newhaven the 24 OF Feb. 1644. Jcr. Wliitiicll, Thomas James, "Roh^- Martin, John Gregory and John Meggs were admitted members of the Court. Itt was ordered thatt if any members of the Court shall de- part from the Gen""'' Courts w^iout licence after their names be called, they shall pay each man l^ 6'^ fine, and if any planter shall depart w^hout licence while the Court sitts, he shall pay one shilling fine. Whereas the plantatio hath beene much exercised wUi hoggs distroying of cornc, the Court tookc itt into serious considera- tio how they might prevent the like damage for time to come, and after much debate itt was ordered, thatt a comitte shall l>e chosen in every quarter to veiw the coiTion fences and fences belonging to every quarter, some one day in the first weeke in every moneth, from the first of March next unto y^ day 12 moneths, and observe diligently whose fences are de- fective and acquant the owners therew'h, calling upon them to gett them mended, and to lett them know thatt they are to make good all the damage wli shall be done w'hin thatt fence till theirs be mended if none other be found defective besides; and they whose fences are defective shall pay the said veiwers for their expence of time about the said veiw, l:»utt if no fences be defective, then the whole quarter shall pay them. And the said veiwers arc to acquaint every famyly in their said si3verall quarters, or every pson that hatli any part in tlie fences w^h they arc to veiw, what day they intend their first veiw that every said owner may go or send one w^h them to marke their owne fences att ])oth ends, that the veiwers may after- wards exactly know w^h is every mans fence, and if any man iipon notice so given shall neglect to goe or send as aforesaid, he shall pay 2^ fine. And if the veiwers shall neglect to veiw att the times appoynted, or shall neglect to observe exactly the defects, or shall neglect to give due notice as aforesaid, each ma shall pay 5^ fine for every default as aforesaid. Moreover if any fences belonging to the townc, (and once accepted as good by the treasurer,) be found defective, the veiwers shall gett them mended, and if they cannott otherwise gett workmen 1644] NEW HAVEN COLONY RECORDS. 155 they shall have power to press men to mend them, and the treasurer shall pay them. Itt was allso ordered, tliatt if any mans corne be damaged by cattell or hoggs, he may pound them if he finde the beasts yt have done the damage and cannott finde where they gott in or at whose fence,' he may goe to the veiwers appoynted for thatt quarter where the damage was done, and gett them to veiw the fences, and he or they whose fences they finde defect- ive shall beare the damage and pay the veiwers for their ex- pence of time if they be called to veiw extraordinaryly. Jasper Craine and William Touttle for Mr. Davenports quarter, John Cafiins and Jarvas Boykin for Mr. Newmans quarter and Mr. Brownings, Rob*^ Johnson and Thomas Powell for the Yorkshire quarter. Will Fowler and Henry Glover for Mr. Wakem^ quarter, Eicli : Miles and Willia Davis for Mr. Gregsons quarter. Rich: Hull and Nicholas Elsey for Mr. Lambertons quarter, Will Ives and Edward Banister for the suburbs, Thomas Mounson and Rob^ Pigge for the Oystcrshell field. Rich : Mansfield and David Atwater for the farmes, and Francis Browne and John Vincent for the plaines. The CoTirt desired the magistrates together wHi the depu- ties to veiw all those orders w^h are of a lasting nature, and where they are defective, to mend them and then lett them be read in the Court thatt the Court may confirme or alter them as they see cause. Whereas much disorder hath becne done by some in cutting downe trees in the como w^hin the 2 miles contrary to order, the Court required Anthony Tompson and John Clarke to enquire who they are that have transgressed thatt order, and to take notice who doe hereafter transgress in like kindc vntill some other be chosen in their stead. Itt was ordered, tliatt all men shall duely pay their rates to the treasurer, or to those whome he shall appoynt to receive them w'hout putting him of to others, and that all those who have alienated land shall pay the rates for itt themselves untill it be entered in the Court booke according to order. Itt was ordered, thatt all those of the squadrons w<^h in their course doe bring their amies on the Lords daves to the 156 NEW HAVEN COLONY RECORDS. [1645 meeting, shall bring them to the meeting the lecture day ime- diatly before, so many of them as doe come to the lecture. [98] 11 The Governo'' desired thatt all meanes might be vsed to pfect souldiers in the military art, and thatt thegen'"'' train- ings and squadrons w'h an artillary allso may be incouraged and improved to thatt end, and wished thatt all those thatt are free and willing, would goe to the leivtennant and sergeants and enter their names to be of an artillary, who, when they are approved, shall be exempted fr5 the squadron traynings. Mr. Pearc desired the plantatio to take notice, thatt if any will send their childr. to him, he will instruckt them in writ- ing or arethmatick. Robt Abbott and Wiii Paine desired that their land might be layd out on the East side, in such a forme as may be con- venient for them to fence itt and improve itt. Jasper Craine and Will Touttle were desired to veiw it and consider how itt may be layd out to sute the townes occasions and their con- veniences. Jasper Craine was freed from watching and trayning in his owne person, l)ecause of his weaknes, butt to fmde one to watch in his stead whe his turne comes. Goodma Goldam freed from watching and trayning in his owne person in like manner in regard of his weaknes, onely lie is to jfinde a man to watch for him when his turne comes if his estate will beare itt. Att a Gen""" Court held att Newhaven THE last of March 1645. Will Fowler, Tho : Mitchell and Phillipp Leake were ad- mitted members of the Court. Mr. Malbon was chosen Treasurer. Mr. Malbon, Mr. Evance, Mr. Gibbard and Mr. Francis Newman were chosen deputies for the halfe yeare next ensu- ing- Captaine Turner and Mr. Malbone were chosen Deputies for the Jurisdicti(3 Court. 1645] NEW HAVEN COLONY RECORDS. 157 Elder Newman exempted fro attending att the Gen''' Courts by reason of his many occasions. Itt was ordered thatt Jasper Craine and Robt Ceely before the next second day, shall veiw all the cannows belonging to the English about this towne, and marke y w^h the townes marke all such w^h they shall approve as fitt for the English to vse, and thatt no person or persons in this plantatio or belonging to itt shall lend or vse any cannow thatt is nott so marked by the psons aforesaid, under the penalty of 20^ fine for every default. Itt was ordered thatt no pson or psons shall kindle a fire to burne leaves, straw, cornestalks or any kinde of rubbish either in gardens or houslotts in or about this towne vnder the pen- alty of 21 fine. Itt was ordered thatt no man shall putt any cattell into the neck fro this day foreward above his pportio, under the pen- alty of 6*1 a weeke for every head, according to the intent of a form"" order in that case mad 16"i of Jan : 1642. And thatt before any man putt any cattell into the neck, he shall give notice to the governo"" whom the Court desired to take the paines to cast up whatt every mans proportio is, when he knows in whose right they come. Elder Newman and Captaine Turn'' are desired to see the fence belonging to the neck well done and a gate towards the farmes, old Bassett and his son were desired to doe itt. Itt was ordered thatt no cattell shall be putt into the neck att the spring, untill the first of May. Itt was ordered thatt the drums belonging to the towne shall be putt in good repaire att the townes charge, and Ste- ven Medcalfe and Robt^ Bassett shall have 8' betwixt them, for w^h they shall attend all the townes occasions as comoh druni''s for the towne till this time 12 moneths, and maintaine the drums att their owne charge in good plight, and leave them so att the end of the tearme. Itt was ordered thatt the treasurer shall pay Steven Med- calfe 20^ for the service he did the last winter extraordinary. [99] II These following officers and orders of the Artillary company were p'sented to the court and confirmed by the 158 ' NEW HAVEN COLONY RECORDS. [1645 court, leaving the sett time of trayliigs to the company them- selves to order as they shall see cause. Mr. Malbon Captaine, Leivten*^ Ceely, Leiveten'^ Francis Newma, t^tandard bearer Will Andrews, Tho : Mounson, Tho : Jeffrey and John Nash Sergeants. Orders for the Artillary Company att Newhaven. 1 Thatt the company from time to time chuse their officers from among themselves, as captaine, leivtennant, ensigne, ser- geants and others necessary for service, and thatt upon such choyce they yearly p^sent them to the Gen""" Court for New- haven for approbatio & confirmation. Thatt every man offering himselfe to this company be either free and att his owne disposeing for such a service, or if a ser- vant and ingaged to any other, thatt he bring a certifficate or other satisfying testimony of his ma""** consent thatt liis way may be cleared before he be admitted to exercise. Thatt every member of this company att his first entrance pay the sum of 18'^ for and towards the raising of a small stock for the necessary vses of the company, to be payd in to the treasurer or clarke appoynted by the company for thatt purpose. Thatt once a ^ upon the 4''' day of the weeke after the lecture is ended, this company exercise themselves in a mil- litary way for increase of their skill and activity against times of service. And for this exercise the first drum to beate att the going out from the lecture, and the second drum one bower after, and thatt att every such exercise every one of the com- pany be present upon the markett place and answcre att the call of his name and bring w^'h him his muskett and all other armes appoynted for the said exercise. Thatt whosoever of them cometh late or nott compleatly armed, on any of these dayes of exercise, shall ])ay 6^' for a fine, and for totall absence Vl'^ and thatt the offendors being first demaunded, duely pay these fines before or att the 2'' exercise next after the forfeiture. Thatt every one of this company purposely coming to any 1645] NEW HAVEN COLONY EECORDS. 159 Gen'i' or perticiilar Court, or to the ordinances att any pul)- lique meeting, whether on the Lords dayes, lecture dayes, dayes of solleme fasting or thanksgiving, shall carry and weare his sword by his side, under the penalty of 6'' for every such omission and default if he givaliot a sufficient reason to the satisfactio of the company. / Tliatt if any memljcr of tips body fined by the majo'" pt of this company for any default before mentioned be not satisfied concerning the same, he may offer the consideratio of his offence and fine to the company, to the next perticidar court, (upon due notice by him given to the company,) who shall lieare and determine Ijctwixt the company and him according to their light in referrence to the forgoing orders. Thatt the stock of this company v/hether arising from entrance mony, fines, mony given, or any other way, shall from time to time be disposed off by the consent of the major part of the company att some meeting, and nott other wise. Thatt every member of this company, (according to his jjlace and estate,) come to these exercises in decent apparrell, thatt all excess, all contentious, provoking, sinfull carryage in speech, gestures and actions be avoyded, butt if any offend, upon complante, the perticular court to examine, censure and reforme as they shall judge meete. Lastly for their further incouragm', itt is granted and ordered thatt all the members of this company duely attend- ing the gen""'! traynings be freed from the perticular squadron meetings and traynings wherein the rest of the towne are exercised by the sergeants. / \ Whereas, by reason of the artilary, the squadrons will be small, itt was ordered thatt 2 companyes shall be joyned into one, of the sergeants in their course shall exercise them one in every 2 weekes. Itt was ordered thatt the markett place shall be cleared forthw'h, and the "wood to be carryed to the watch house there to be piled, and thatt the busines may be effected, the care of itt is comitted to the 4 sergants. Itt was ordered thatt if any mans goates shall be found out 160 NEW HAVEN COLONY RECORDS. [1645 of his owiie ground w^hout a keeper after this weeke, he shall pay 6'^ a head. James Riissells, by reason of his lame thumb, was excused fro bringing his muskett on the Lords dayes and other dayes of publique sollcmn worP\ [100] II Mr. Davenport having a desire to remove his fence from tliatt side of his lott towards the clay pitts way to the other side of his lott towards the mill highway, requested thatt he might have liberty to fence up the way to the clay pitts and he will make a gate, sett a lock upon itt and leave the key att John Coopers house, w^h being considered by the court they granted his request. Itt was ordered thatt from hence forward the monthly court shall be kept on the 3'' day of the weeke. Phillip Leake was chosen corporall instead of Abraham Bell. Itt was ordered thatt a chist shall be made forthw"^h to putt the pikes in, to keepe them from warping, w«^h Thomas Mounson and the rest of the officers undertooke to see done. Itt was ordered thatt those thatt live att the farmes shall ln*ing or send their amies to be veiwed on such dayes as are appoynted, and they all attend the gen'i' traynings except one man att every farmc. Itt was left to the Governo"" and Captaine Turner to order and appoynt the gen""!^ trainings so as may be most for the common good of the plantatio in respect of hay time and har- vest. A Court held att Newhaven the 8th OP Aprill 1645. Mr. Malbon required satisfactio of Mr. Caffins for damage done in his corne att scui^all times, once by his swine, and another time by his cattell, Wh was valued att 8 bush:s each time, butt Mr. Caffins aleadged thatt the damage came by defect of their owne fence w^h was nott made up betweene the clay pitts and their corne. The case being something darke, Av^i consent of both parties, it was referred to John Wakema, 1645] NEW HAVEN COLONY RECORDS. 161 Rich : Miles and Jasper Craine to veiw and arbitrate & deter- mine, or else to report to the court how they finde itt. Rob* Ceely was desired to advise wt^h some thatt have skill in leather to gett whatt light they can agst the next court, thatt some course may be taken if itt may be to moderate tlie price of leather and shooes. John Meggs accused Captaine Turner, Tho : Pell and Tho : Robinson of extortio or vnrighteousnes in the prices of leather w^h they sould to him, butt being nott prepared to make proofe of whatt he had charged them w'h, the proceeding was respited vntill the next court. Captaine Turner having received eighteene pounds and eighteene shillings of Mrs. Higginsons estate, and John Wakema fifteene pounds allso of the said estate, have both sev- erally ingaged their their houses and lands att Newhaven unto the court of Newhaven for the true paym* thereof in current country pay att the full end and tearme of 5 yeares from October last past, together w'h S^ att every pound for consid- eratio of the said mony. John Walker desired satisfactio for damage done in his corne by hoggs w'^li Thomas Morris testified was 12 bushells, whereupon it was ordered that the defective fences shall make itt good. The marshall was required to warne their quarter to gett the defective fences mended, and the treasurer is to pay for thatt wh belongs to the towne. Mr, Leach having cutt shingles in tho woodes contrary to order, desired to know the minde of the court, whether or noe he may have them, itt was ordered thatt he shall, if he will make vse of them referring himselfe to the court for the price of the shingles and his disorder in getting them w'^hout license. 21 162 NEW HAVEN COLONY RECORDS. [1645 [101] A Court held the 6^ of May 1645. Obadiali Soiitliwood being apprentice to Goodman Tainter for runing away from his said ma"", and being convicted for a notorious lyar, was sentenced to be seveerly whipped. Concerning the defference betweene Mr. Browning and John Moss, they were desired to cleare mistakes betweene them about the diffective fences in the oyster shell field w^h concernes them, w^h the veiwers have given them warning of 3 times, and yett the are nott mended. Itt was ordered thatt they whose fences in the oyster shell field are defective, or were found to be so upon veiw, shall p'ay the veiwers for their loss of time as well in attending the court as in veiwing, because the did nott gett their fences mended according as they were advised, (viz) Mr. Browning, ^ Abbott, Mathew Moulthrop, Goodma Pigg and John Moss. Thomas Barnes required satisfactio of Ralph Dighton for a cow of his w^h perished as he conceives through his sons neglect who kept the heard thatt day, butt Ralph Dighton alleadged thatt a cow of thatt heard being swamped, his son came home to the towne to gett help, and left his partner w^h the cow in the interim, and before they had gott the cow out of the swamp itt was night and the heard was coming home, and they nott knowing of any dangerous place betwixt the bridge and the place where the cattell vsed to come over, did nott conceive itt necessary to follow the cattell, butt came over the bridge, and though they came on the other side of the river over against the place where his cow was afterwards found perished w^^h her foote in a hole betwixt the banck and the roote of a tree, yett they did neither heare nor see her. Itt was testified by others that there was noe knowen place of danger in thatt place before meneoned. The judgm* of the Court was thatt itt was an afflicting providence of God w^h the said Barnes was to beare himselfe, and that the boy was innocent in the case. 1645] NEW HAVEN COLONY RECORDS. 163 Robt Johnson for a defective gunstock was fined 1^ and charo:ed to sett itt mended. A Court held the 3^ of June 1645. The difference betwixt Captaine Turner and John Hill con- cerning a Bull w'^h the Captaine conceived did dye by the default of the said John Hill in working him contrary to his ma^s express comaund, was referred by consent of both ptyes to John Wakeman and Mr. Robert Newma to arbitrate and determine if it may be, or else to report to the Court how they finde itt. John Meggs having form''ly charged Captaine Turner, Thomas Pell and Tho: Robinson w'di extortio or sinfull vnrightousnes, and nott being able to make good the said charge agst them, did now acknowledghiserro'', w''!! acknowl- edgm* was accepted as satisfactio, onely he was sentensed to pay 1^ fine for nott appearing att the last court, and to pay the charges of those who had attended 3 courts together by his meanes. James Till for stealing 2 fadd: of black wampom, and one fadd : of white from Laurence Turner, into whose company he intruded himselfe under pretence of frendship, was sentenced to he whipped and to make 2 folde restitutio to the said Lau- rence for what he hath stolen. The difference betweene Mr. Goodyeare and John England, by consent of both ptyes, was referred to Mr. Rob^ Newma and Mr. Gilbert to arbitrate and determine if it may be, or to make report to the Court how they finde it. Edward ^ Mr. Gilberts man, desired the judgni* of the court whether his ma'' can force him to serve any longer, he having nothing to show in writing, itt was answered that he must stay w^h his ma"" one yeare more, and in the meane time, both he and his ma'' may write to his friends for both their satisfac- tio, and if he doe serve a yeare longer the he should have done, then his ma'" is to pay him for his last yeares service. \ 164 NEW HAVEN COLONY RECORDS. [1645 An account was delivered into the court by Mr. Craine con- cerlng Mr. Roe and ordered in case itt be questioned it is to be tryed in a Court of Magistrates. Andrew Low, for late coming to watch, fined 2^, and Geo. Larrimo'" and Goodma Harrison fined each of them 1^ for the same. Tho : Cafiins fined 6'^ apeece for his goates pounding. Rich : Webb promised to pay vnto Josuah Attwater 33^ w^li he demaunded of him as due to the shipp. Fifty shillings of Steven Medcalfe's in the hands of Peter Browne is attatched hj Mr. Gregson for a debt of the said Stevens. [102] Att a Gen'" Court held att Newhaven THE 16"' OF June, 1645. Those who have the small lotts propounded their want of meadow to the serious consideratio of the court, desireing that the court would grant them the meadowes called tlie Beaver meadowes and they will endevo'' to improve them, and if they can so improve them as to make them comodious for their vse they will be content to pay rates backward and forward in a moderate way as shall be judged equall, butt if nott they will retourne the said meadows into the hands of the towne. Leivtenant Seely and Jer Witnell complained thatt their meadowes are so bad as that they are alltogether unserviceable to them and cannott be improved, and therefore desired the court to take their case allso into serious consideratio. The Court seriously considering and debateing the said propositions, declared themselves willing to attend the necessi- tyes of the partyes aforesaid and others whose meadowes by charge cannott be improved, and therefore ordered that Jasper Craine, Marke Pearce, John Clarke and Henry Lendall shall veiw the said meadowes in referrence to the aforesaid pposi- tions and make report to the Governo"" and the rest of the Court, (whatt they conceive concerning them,) who shall have have power upon the retourne of the said veiw to dispose of the said meadowes, to lay out proportions and to settle rates 1645] NEW HAVEN COLONY EECORDS. 165 according to each mans different and severall considerations interessed in the aforesaid propositions as they in their wis- dome shall see cause. Francis Browne moved in the court tliatt if he may have a little house or shade made att the water side to worke in and competent allowance for his paines, and if itt may he, some land in the Oyster-shell field to plant, he will keep a ferry boate to carry people over the East River, and thatt he will attend itt every day from the rising of the sun to the going downe of the same in an ordenary course till 12 moneths be expired from the date here-of, exceptinge Saboth dayes and other times of solemne publique worP of God. Whereupon itt was ordered that he shall 2^ apeece if there be nott above 3. If there be above 3 and not above 6 he shall have S°^ a peece, and if above 6 he shall have butt 1^^ a head for their fare. Itt was allso ordered thatt if any English man shall transport any person or persons in any other boate or canuow in the ferryes way, he shall pay to the ferryman 1'' a head for every person so transported by him, provided notw^hstanding, that if any planter in this towne have a boate or cannow of his owne he may make vse thereof to transport himselfe, famyly or worke folkes to and againe, (as their busincs or occasions require) w'hout offence. Note allso that the farmers on the East side are left free either to vse their owne cannowes or boates, or to agree w^^h the ferryman as they can when they have need. The Court desired the Governo'' w'h the magistrates and dep- uties to take care thatt a shade or little house be made as aforesaid, and that the ferryman may be accomodated w'h 2 or 3 acres of land convenient for him in the Oyster shell field if it may be. Whereas much damage hath beene done to timber in the comon by getting barke for dying and tanning, itt was there- fore ordered thatt Sergeant Andrewes, Sergeant Jeffreyes & Sergeant Mounson, w^h Corporall Whitehead shall consider where the dyers and tanners may gett their barke for time to come wth least damage to the publique and that from hence- forward if any shall gett barke in the comons w'hout their 166 NEW HAVEN COLONY RECORDS. [1645 allowance, or contrary to their appoyntment, they shall be punished att the discretio of the Court. Whereas the court did desire the Governo'' and the captaine to consider and order the traynings so as may sute best w'h the townes occasions, w^h accordingly they have ordered as foUoweth; the first Munday in March to traine and veiw armes, the last Munday in Aprill & the last Munday in May to traine, the third Munday m June to trayne and veiw armes, the last Munday in September to traine and veiw armes, the first and last Munday es in October to trayne, the second Mun- day in November to traine and veiw armes, w^^h dayes were approved and confirmed ))y tlie court. Itt was ordered that if any person or persons, whether direct- ly or indirectly, in this towne shall sell wine by retayle of quarts or pintes or the like, after 14 dayes next ensueing be expired, w^hout license, he or they shall be punished att the discretio of the court. Will Andrewes licensed to draw wine and to sell by retayle. Vpon a motio made by William Andrewes for some conven- ient place to putt straingers horses in, itt was ordered thatt the said William Andrewes shall have liberty to fence in 20 acres of land att the hither end of the plaines joyning unto Francis Newmans lott, and if dye or leave the ordinary, the land shall goe to the ordinary still for the vse aforesaide, onely his charges are to be allowed by him thatt shall succeede, thatt he or be no looser when he leaves itt if the hyre he re- ceives doe nott pay him in the interim. [103] II Itt was ordered thatt a standard of weights and measures shall be made forthw^h, and thatt every one in the towne who have weights and measures w^'h they intend to buy or sell by, shall bring them to the meeting house this day fort- night att 8 a clock, and Rich: Miles, Josuah Attwater and Nicholas Elsey shall fitt and marke them Ijy the standard and goe to the houses of those who have great weights w<^h cannott w*h convenicncie be brought to the meeting, and wliat time the spend in the aforesaid service, the treasurer is to pay them. And if any person or persons shall after the aforesaid, 1645] NEW HAVEN COLONY RECOEDS. 167 shall sell by any weight or measure not so marked as aforesaid, he or they shall be punished att the discretio of the Court. Whereas some have taken offence att the shepheards keep- ing his sheep and making a penne for them towards the Oyster river thinking they were wronged by itt, butt the order of Court the 21 of October 1644 being read, itt appeared thatt nothing was done butt by order of Court. Itt was ppounded thatt another ordinary might be sett up towards the water side, butt none was found fitt for the pres- ent, onely itt was left w^i John Livermore to consider off if he can be free &, fitt to undertake itt. Itt was propounded thatt every souldier in the band may have a yeard of canvis for such vse as the captaine shall ap- poynt. Itt was allso propounded thatt a marke may be sett up in some convenient place for the company to shout att for some priz. Whereas the place where John Benham now makes bricks is wHiin the compass of Mr. Batons farme, and noe way to itt butt butt by water except through his ground, W^h nevertheless hitherto he hath nott beene debarred of, but of late brother Benham having a purpose to inclose some ground there, the Governo'' Mr. Eaton lett him know itt would nott be conven- ient for him to have a farme w^hin his farme, whereupon the said John Benham propounded to the Court where he shall make bricks, butt nothing was determined concerning. Itt was ordered thatt a chist be made for the pikes and the great guns putt in readynes for w'h, according to a former order. A Gen"^!^ Court held the 20'^ op June, 1645. Whereas itt doth appeare there is need of sending forth some souldiers to strengthen Vncus agst the Narragansett In- dians, for the present and y* some thing may fall out W^h may occasio the sending of more men, itt was therefore ordered thatt the Governo'" w^h the rest of the Court w^h the Captaine and Leivtenant as a councell of warr shall dispose and order 168 NEW HAVEN COLONY EECORDS. [1645 all the military affayrcs untill the Geni'i Court for the juris- clictio shall settle some course concerning the same. A Court held the 1* op June, 1645. Will Riissells being ma^ of a watch, for suffering his watch to sleepe was fined 10^ The sentinell fined 5^ and all the rest 1^ a peece. John Hunter fined 5^ for neglecting his watch. Sam Dighton and Anthony Stevens respited. A Court held the 5 op August, 1645. Robt Abbott having his goates driven forth towards the keeper, butt were found in the quarter yett had done no dam- age, desired the judgm* of the Court whether he were lyable to pay 6^ a head ])y vertue of the order agst goates. [Here the records cease to be in the liandwriting of Tliomas Fugill, and what fol- lows, as far as page 194, is in that of Richard Perry.] [104] At a Gen" Court held at Newhauen the 18th qp August, 1645. Yppon a letter from the Governour* it was desired that some course may l)e taken for the common saftie in these ru- mours & tumults of the Indians. The gunne smithes were desired to lay aside all other l)uissines & gett those gunnes repayred that are defective. Henry Pecke and old Bassett were desired to sett the great gunnes vppon good strong carryadges. The farmers that have butter and cheese were desired to keepe it in tlieir hands, that in case the publicque service re- quire it, they may be furnished. All those that goe abroad in the woods or meddowes were * From Boston, where he was attending'a meeting of the Commissioners of the United Colonies. 1645] NEW HAVEN COLONY RECORDS. 169 desired to carry their armes w'li them, & to worke as iieare together as may bee. It was desired that those that goe forth with the heards and flocks would carry their giinnes w4i them & it was advised that 2 might goe w'h eiiery heard oiiii the Lords dayes. At a Gennerall Court held at Newhauen the 25*'' of August, 1645. The court tooke it into serious consideration what should be done w^h farmes, but nothing was concluded about them but left to further consideration, only those that live at the farmes were desired to keepe good watch & be carefull of their owne saftie, till there be more apparent danger and some fur- ther order concerninge them. It was debated whether the dischardging of a gunne in the towne, woods or meddowes,shalbe taken as an allarum dureing these times of danger, but it was left. It was propowndcd that those that have gunnes most fit for service abroad, shall lend them to the souldiers that are to goe abroad. Also that those that have shoes & stockeings to spare, would furnish the souldiers w'h them, and Mr. Gregson vndertooke to see them satisfied for them. A Court held the 2^ for it, and to his best remembrance, lie saith, he tould him he would not dischardge it for all New- haven, for it would doe some mischeife. Richard Myles also testified that he heard John Nash speake much of her badnes & vnserviceablenes to Francis Linley. John Linley being demmanded why he was taken w'h such a quakeinge and trembling when Stephen was going to shoote, he said he did not quack nor tremble. Thomas Clarke testified vppon oath, that John Linley tould him when he heard Stephen dischardge the gunne that he was affraid he had hurt himsclfe. Goodwife Fancy testified, that John Linley came oft times to speake w'h Stephen, when he thought he lay vjipon his 23 178 NEW HAVEN COLONY RECORDS. [1645 death bedd, to know if he woukl cleare his brother, for he said he feared he had hard thoughts of his brother concerning the gun. Mr. Pell confirmed her testimonny. Richard Beech affirmed that Francis offered him that gun to sell & demanded 20% telling him to his best remmembrance that it had a new britch. The court considering the premises, the great damadge Stephen Medcalfe had susteyned in the losse of his eye, w'h the losse of his time & the great chardge of the cure, Mr. Pell affirming it was worth 10^, ordered Francis Linley to pay to Stephen Medcalfe 20^ damadges. Brother Thomas Nash for his sons absence at a gen^^ trayn- ing pleaded his necessity of buisines in fetching home his hay by watter & that he could gett noe other helpe at that time, but the court judged his plea common to others & ordered him to pay his fine. Mr. John Bvance pleaded that wheras he had hired John Basset & his wife to be servants to Mr. Goodyeare in New Eng- land, yppon condition that if Mr. Goodyeare did not accept of him he should be at liberty, only pay to the said Mr. Evance the monnyes W^h he hath disbourscd for him & his wife both for their transportation & other occasions, Mr. Goodyeare did not accept of their service, & yet the said Basset refuseth to pay him the said monnyes. John Bassett pleaded that their was noe such covenant. Mr. Evance produced a noat vnder his owne hand w<=h implyed such a covenant. Basset acknowledged his marke but said he never heard the note read though lie set his hand to it, yet he said if Mr. Evance would take his oath of it he would submit. Mr. Evance answered he made sufficient proofe of it by 2 wit- nesses, and one of themvppon oath, (& deliuered an affedavit into the court,) of John Ogden, taken before Mr. Eaton Gov- crno'", in which John Ogden relateing the aggreement betwixt Mr. Evance & the said Basset sweres expresly, that if Mr. Goodyeare dotli not accept of him and his wife they were to pay Mr. Evance what he had layd out for them, & so be free to dispose of themselves, yet was willing if the court pleased, to make oath of it, but the court tould John Basset that Mr. 1645] NEW HAVEN COLONY RECOEDS. 179 Evaiice needed not to doe it haveing proved by 2 witnesses, and one of them vppon oath ; at last the said Basset said he would refFer it to the Court, let them doe as they pleased. [110] II It was aggreed but vppon further discourse betweene the parties themselves that John Bassett should pay vnto Mr. Evance 11^ 7^ w^h is the debt demanded & sume disbursed, (Mr. Evance being willing to take notheing for consideration,) W^h sume the said Basset promised to pay at 2 certayne dayes viz', the one halfe at midsommer next ensewing, and the other halfe wt^hin 6 monthes after that. Brother Wackman & bro : Miles reported to the court that they had (as the court desired them) viewed the clay pits way and the fences adjoyninge, in refference to the difference betwixt Mr. Malbon & Mr. Caffinch, and fownd that the way to the clay pitts was to lye open, but the quarter that lay on the one side could not accomplish their part of the fence, and therfore haveing planted, were forced for safeguard of their corne to make a fence crosse the said way w'h rayles, w^h way the other quarter driveing their cattle, & somtimes leav- einge oppen the rayles & somtime breakeing them, much dam- adge hath bin done l)y cattle and hoggs, whereuppon the court determined that the quarter that should have fenced & did not, must beare the damadge, and those that have trespassed in breakeing & leaveing open gates or rayles shall contribute, and desired the afforesaid committee to take some more paynes for the setling of it. Brother Crayne desired the judgment of the court concern- ing damadge done in his corne by Mr. Caffinch's hogs w^h he fownd in the corne and brought home to his howse requiring satisfaction of him & he refussed to give him any. The court ordered that Mr. Caffinch pay the damadge till he pay the de- fective fences. Jarvis Boykin complayned that sundry fences about their quarter are defective, and he hath told the owners of some of them, & some they know not to whome they doe belonge. The court advissed they should get the fences measured and cast vp euery mans proportion, and then they may know whose it is, that it may be mended to prevent future damadge ; 180 NEW HAVEN COLONY RECORDS. [1645 and to put an end to the wrangles about the fences belonging to the vacant lotts, it was ordered, that brother Andrewes and brother Munson shall veiw them all, and allow those that made them soe much as they were worth when they were sett upp, and the quarters to gett the said fences well & substan- tially made as speedily as may bee, and in the meane time they shalbeare all damadges themselues w^h come by the bad- nes of the said fences. Hannah Marsh complayned that Mr. Brewster called Bil- lingsgate slutt, and that she was sent for on shipl)oard to play the slutt. Mr. Brewster confest he being much provoaked and disqui- eted by her frowardnes and brawling on shipboard, did call her slut & Billingsgate slutt, and said he hoped she would dance about the whipping post, and affirmed that Mrs. Norton at Charlstowne told him that a seaman was speakeing filthy Avords to her the said Hannah, and would have had her goe on shipboard, being asked what to doe, he said to play the slutt, George Walker testified he heard Mrs. Norton speake what Mr. Brewster hath affirmed. Mr. Brewsters mayd and Mr. Lambcrtons maid testified that the said Hannah Marsh was very froward and contentious & a cause of much contention and vnquietnes amongst them as they came from the Bay. When the governour had showne what was the ordynary acceptation of Billingsgate slutt, namely that some that were soc called were convicted scolds and punished at the cuckeing stoole for it, & some of them chardged wUi incontinency, [111] II Mr. Brewster said he had sufficiently proued the one true, & he would not acquit her in the other, being asked what grownd he had to lay such an implicit chardge vppon her, he said he had notheing at all agaynst her but what he gathered from Mrs. Nortons words. The court told he ought to acknowledge his fayleing & soe repaire her reputation as much as he may. At length he did acknowledge he was too blame & said he was sorry he had spoke soe rashly, and that he intended noe such chardge agaynst her. The court also according to the evidence reproued Hannah Marsh for her fro- 1645] NEW HAVEN COLONY RECORDS. 181 ward disposition, remembriiig her that meeknes is a chojse ornament for weomen, and wished her to take it as a rebucke from God, and to keepe a Ijetter watch over her sperit here- after, least the Lord proceede to manifest his displeasure fur- ther agaynst her. Hannah Marsh did acknowledge it had l)in some trouble to her that she had bin soe froward and contentious to the dis- quieting of others, & hoped it should be a warninge to her for time to come. A Gennerall Court held the 8^'' of December, 1645. Brother Fowler & Thomas Knowles vppon some vrgent oc- casions were dismissed w^h the leave of the court. Mr. Malbon late treasurer, vppon the casting vp of his ac- compts acquaynted the court that the towne was much in- debted to himselfe & others & propownded that some course might be taken by the court for the payment of the said debts. The court considered how heavy the publique chardges grew, that most of them have bin expended for the publique safty and about things of common pulilic vse, wlierin all that live in the plantation have a like benifit in their proportions, and yet many live in the plantation & have manny priveledges in it have hitherto borne noe part of those publicque chardges, wherevppon it was debated whether or noe in equity such should not be rated some way or other for time to come, so as those that have borne the whole burden hitherto may be cased; but because it was not ripe for an issue, the court refferred it to the Governo'", magistrates, deputies w'h elder Newman, the 2 deacons, Mr. Cheevers,bro: Miles, l^ro: Clarke, In'o : Anthony Thompson & bro : Munson as a committee, to consider & digest the said case and report to the court rates they conceive such persons ought to pay towards the former & future publique chardges. And forasmuch as the publique occasions require that a rate should be levied forthw^h, it was ordered that all the rates alreddy due and the rates due in Aprill next shalbe paid into the treasurer at his owne howse w*hin one month after 182 NEW HAVEN COLONY RECORDS. [1645 the date hereof, in moiiiiy, beaver, wampom or come, in good wheatc at 4** F bushell, in rye & pease at 3^ 4*i -P biishell, and if any pay in Indian corne at 2=^ 8'^ ¥ bushell w^iout assigne- ments. Whereas by an order formerly made for the incouradgment of those that kill woolues & foxes 15^ was allowed for a woolfe, & 2« 6*^ for every fox they killed, the court considering that none make it their buisines to attend it, thought that allowance to much, and ordered that the treasurer shall pay 2 pownd of powder & 4 pownds of shott or bullets for euery woolfe, and 1« for euery old foxe & sixe pence for every yonge one, to those that shall kill them. The court declared their apprehensions that the 2^ to Ijc paid to tlie secretarye for alyenations should be accompted as part of his 10^ salery, but reffered it to the afforesaid commitee to consider what is meet to be allowed to the secretary and marshall themselues out of the said alyenations, and of the warrants. [112] II It was ordered that every one that comes to enter an action or an allienation in the court pay to the secrettary (be- fore any such entry) the fees ordred by the court, and that euery one that shall bring a warrant or attatchm*^ to the mar- shall shall pay to him the fees due for the same before he exe- cute the same. The Governour propownded to the court whether they would confirme their former grant to Goodman Smith in refference to his sheepe, or such part of it as might bee con- veynient for him poynted, vnder the penal tye of 10^ fine as if not furnished, the monthly court to judge of the differ- ence of defects. It is ordered that there be henceforward six gennerall traynings every yeare, viz'^, the first Munday in Aprill, the first Munday in May, the first Munday in June, September, October and November. But if any of these dayes prone raynye, so that the service cannot be carrjed on to satisfaction, it shalbe supplyed the next following second day w<^h proues fayre, or if the governour & magistrates vppon any publique respects see cause to put of the trayning on any of the dayes before named, though proueing faire, adviseing w'h the cheife military officers, it shalbe carryed on in some other fit season as they shall appoynte ; on every of wch trayning dayes before expressed, all & every of the males w'hin, or belonging to this plantation, from 16 to 60 yeares of age, not exempted by the place or office they hold, or vppon some other respect dispensed w'h l)y the generall court, shall diligently atend the militar\^ nurture & exercises, that they may learne the better to handle & vse their amies, reddyly vnderstand & obey the words of command, & be generally fitted for all military service as occa- ssion may require. And whosoever shall totally absent on any of those appoynted trayning dayes, or shall dept w'hout leave befor the company brcake vpp, or shall not be furnished w*h compleat amies for traynings shall pay 5^ fine. And whoso- ever shall come late after the second drunic hath left Ideat- ing, his name being so returned, he shall pay one shilling fine. But if any man come late, & shew not himselfe to the clarke that he may enter his appearance such as it is, it shalbe chardged as totall absence, and he shall pay accordingly. And for the incouradgment of military officers and company, it is ordered and granted that all the fines for absence & late comming, whether on the generall trayninge dayes or on the squadron dayes of trayning hereafter mentioned shall wholy goe to them, to be disposed by the military officers in powder & shott, &c, that they may set vpp marks to shoote at, or may furnish themselucs for their military exercises, that the service may be more comfortably carryed on, & yet, if there be cause, NEW HAVEN COLONY RECORDS. 203 the court will give all just assistance in the levying of them, and for other miscarrjadges as stubornes, contempt or neglect of the officers in their directions or due commands, quarrell- ing, fighting, disorderly talkeing, bringing & shooting of peeces w'h bullets or shott, & all other misdemeanours, a fine to be paid to the towne by each offendor according to the na- ture of his fault, as the court vppon chardge & proofe shall judge meete. But in all publique traynings, liberty is granted [123] that at every || farme howse one man may stay at home to atend occasions & prevent dangers, but all the rest shall trayne, shew arnics, and be subject to all the former orders & penalties. Wheras there are 4 serjents & 4 corporalls chosen & ap- poynted for the millitary service & accordingly the plantation is devided into 4 squadrons, it is ordred that one of the squad- rons in their course come constantly to the meeting howse to the publique worshipps of God, both every Lords day & on other dayes ordynary & extraordjnary, & be there at o^" before the second drume hath left beatinge w'h there armes com- pleate, there guns ready chardged w'h a fit proportion of match for match locks & flints ready fitted in their firelock peeces & shott & powder for 5 or G chardges at least, there to attend the publique service and safty as the officers shall ap- poynt, vndcr the penaltie of five shillings fine for neglect, o^ defect of furniture, & one shilling fine for late comminge. The sentinells also, & they that walke the rownd in their course, shall dilligently atend their trust & duty, & shall have their matches lighted dureing the time of meeteing, if the serve wUi matchlock peeces, vnder the penalty of 4^ fine ; and the Serjeants duely to returne the names of all such as fayle & transgresse this order, vnder such penalty as the court shall se cause. And according to the course already begunne, that squadron w^h is to bring armes the following Sal:)oth shalbring armes the lecture day or any other extraordynary day of sollemne worshipp immediatly before, if they come to the lec- ture, &c. All the former fines to be moderated as the court se cause. The court considering how necessary it is in times of peace to prepare for warre, & accordingly to fit & trayne vp men by degrees to all military service & skill, besides the generall traynings & certayne squadron traynings hereafter mentioned, gave liberty and incouradgment to beginne an artilery com- pany, & to add to it from time to time, such as out of the trayned bands, or others being free & fit, shall offer them- sehies therevnto.^ And it was granted to the said company that they may cliuse their owne officers yearly & setle their 204 NEW HAVEN COLONY RECORDS. owne orders, presenting both officers & orders from time to time to the general! court for approbation & confirmation, provided tliat tliey order tlieir times of meeting & exercise w^^li due respect to the occassions & convejniency of the towne, and perticulerly that the traynings be not hindered. And it is further granted that all such who are admitted into the artil- lery company, while they atcnd & improve those meeteings shalbe freed from the squadron traynings (hereafter ordered,) if they be not officers who are to exersise others, y what name soever called or w'h any sAvord, dagger, rapier or the blade of any of them, arrow head, or other Aveapon or instrument for warr, or wUi any powder or shott of what name or seize soever, or shall mend any gunne for an Indian, w^hout expresse order from the governour or comissioners for the col- lonye in wrightinge, shall pay either 5' fine, or twenty for one, according to the nature and importance of the offence as the court shall judge meete. The court scrjously consideringe how husbandry may be carrjed on w'h due incouradgmt in this plantation, thought it meete that the quarters severally or two or more of them joyntly as they shall agree, should fence in such parcells of arable or plantinge land as might best suite their occassions, & ordered that in any such case, every planter, or whosocA'er holds land Av'hin such a compasse soe to be fenced, doe attend the publique good in carrying on his part & proportion of such fenceinge in due time, that his neighbo''s receive noe damadge through his default, nor may the innability, negligence or stubbornenes of any one or more perticuler men hinder a generall advantadge in improvement of land in any quarter or quarters, hoAvselotts or abroad, when the major pte agree to fence. But vppon complaynte, the monthly court to settle the best course & order they can, soe tendreing each perticuler planter that the publique receive noe damadge, & because in some of the quarters there are lotts vacant, not yet disposed, it is ordered that till they be filled, the quarters themsclues fence them or procure workmen to doe it, and the chardges shalbe payed by the treasurer out of the townes stocke, both for the present in setting vpp the just pportion of fence for each such lott, & hereafter in repairing the same when there shalbe cause, provided that the quarters in the W^h such lotts are, beare all damadge if the said fences or any of them be not either made or repajred in due season, and that henccforwd before the treasurer pay for any such fence makeinge or re- ])ajreing, the quarter give notice for what perticiiler lott it is, that soe the treasurer may keepe account of the chardges. [125] II Each quarter in w^h any such lott is shall also see that the fence in strength & goodnes answer that order of court made May the 5^'', 1641, and for their helpe herein, brother Andrewes and brother Munson are appoynted veiwers for the towne, to see & certifie the treasurer how they find such fences, Avhether sufficient or not. If defective they are to judge of the worth w'h respect to that order, and the quar- NEW HAVEN COLONY RECOKDS. 207 ters or workmen to receive payment or to make abatement accordingly. And for that in such common inclosures, sever all workmen for their present ease are apt to make slight fences, " proportion, Thomas Fugill closed, both that that was his meaninge, (yet said not it was soe entred or written,) and that men would be talkeinge. Mr. Cheevers, when they were gon from Thomas Fugills liowse, repeated the order to Mr. Wackman, & presently after wrott it downe, according to w^li he reported to Leiutennant Seely how it was entred, who confidentlye replyed that the entry soe made was a falce entry. This soone came vnto Tho'» Fugills knowledge, but when the book came after to be veiwed, the line affording roome, these words were added, (according to his proportion,) but w'li other pen & inke, a lesse character & crooked, as w'h a trembling hand. The booke vppon occassion being brought & left w^^h the governor Mr. Cheevers observed & was offended at this alteration, and at a meeteing w^h Thomas Fugill before the governour & elders, questioned him about it ; Thomas Fugill begininge to justifie himselfe, the governour, to prevent further rashnesse and sinfull expres- sions, by way of caution told him the book was w4iin, & he had veiwed it, and if he could judge of writing, these words were added & written after the former part of the order w'h other pen & incke, & w'h a different character, notwUistanding w^h, Thomas Fugill boldly replied, that if the goveno'' would give it, he would presently take oath they were written at one & the same time \Y^h the rest, but the booke being brought out, the difference was so apparent that Thomas Fugill was forced to chang his expressions & said he would take oath it was not written since Mr. Cheevers saw & read the order, herevpon his second booke was sent for, out of wh this record was coppied, and therein also, (the line affording roome,) the same words seemed to be added, the difference in writinge, (though not soe 224 NEW HAVEN COLONY KECORDS. [1645 much as in the great booke,) was cleare & evident, Wli miscar- riadge of his gave offence to all present ; but this second booke, being by the governour & elders since veiwed,they severally, but each of them stronly, apprehended that a pen & blacker incke hath bine drawne over it, their being now either none or a difference so small as is scarce discernable, yet Thomas Fugill Ijcing questioned, againe & againe denieth it. The governour informed the court, that, being offended at the former recited passadges, the next time Thomas Fugill came vnto him he warned him in private of his bold & sinfull way of protestations & offering to take oath, as if by confident contradictions he would drive men from the truth they knew, and besides the former passadge, instanced in a case betweene Thomas Fugill & old Goodman AVilmott, minding them of that rule, let your communication be yea, yea, nay, nay, oathes even in certayne truthes are not lawfuU till they l:»e necessary and duely called for. Profane men indead in other places who litle attend truth, thinke they must swere that they may be beleived, and in his case, it would be noe other then a high breach of the 3'^ commandement. Thomas Fugill justi- fied his offereing to take oath to Goodman Wilmott in regard of the truth in question betwixt them ; and for the former passadge about addeing the words in the great booke, at first said he offered to take oath it was not done since Mr. Cheevers read the order, but being minded of the former perticulers, he [135] seemed convhiced & acknowledged ||it was his sinfull rashnesse, yet in court began againe to turne & winde, & so to evade the governo''s testimony, but gave noe satisfaction. The premises being duely considered, some of the meml)ers of the court & towiie propownded whether it were not requi- site & necessary to choose another secretarie, who might more faithfully enter & kecpe the townes records. The secretarie confessed his vnfitnesse for the place by reason of a low voyce, a dull eare & slow apprehensions. He was answered the the court had longc taken notice of sundry miscarriadges through weaknessc o"" neglect, yet in tender respect to himselfe & his famylie, they had continued him in the j^lace, (though w'h trouble to others,) a review of orders, before these offenses 1645 J NEW HAVEN COLONY RECORDS. 225 brake out, being vppon that consideration thought necessarie & ordred. But vppon this discouery of vnfaithfulnesse & falsyfying of orders & records, they were called to lay aside those private respects, for the publik saftie. By the court therfore he was presently put out of his office of secretarie for this plantation, 1)ut the court not being prepared to make a new choyse so suddenly, Mr. Francis Newman, Mr. Richard Pery & brother John Clarke were intreated to take noats of what should be propownded & ordred in the remayning part of this court, & so of the next monthly court Apriil the 7"% & severally to draw vpp each court, fit for a record, that this court may have a tryall of their severall abilities, & in due season may, w'h better satisfaction to themselues, proceede to a new elexion. But notwithstanding all the former discoveries & proceed- ings, Thomas Fugill in the close of the day being called to read his noats about those first passadges, his entry about the secretaries office runs thus, (It was propownded whether the court will chuse another secretarie, because Thomas Fugill hath bin defective in his place, it was agreed that a new one be chosen,) w^h being so directly contrary to the expressions, carriadge & conclussion of the court, gave further oftence. It was ordered that the old deputies shall continew this halfe yeare to come, & then in October next at the new choyse dep- uties are to be chosen for a Avhole yeare as the magistrats are. Mr. Browning, Mr. Ling, W'" Payne, Thomas Knowels, Jn° Hall & Mr. James, vppo" their request & their occassions being knowne to the court, had leave for to depart the court. It was propownded that the free gift of corne to the col- ledge might l)e continued as it wns the hxst yeare & it was granted. Mr. Atwater, the present treasurer, informed the court that he had sent from Connecticott fortie bushells of wheat for the cdlledge by Goodm" Codman for the last yeares gift of New- haven, although he had not received soe much. Brother Abraham Bell & brother Mathew Camfeild were chosen collecto''s for this present yeare for the gift of corne to 29 226 NEW HAVEN COLONY RECORDS. [1645 the colledge, and wompom was allowed to be paid by those that had not corne to pay in, each pecke of corne being val- lued 12'J & 2 o"" 3 monthes time was allowed for men to bring it in to the collecto''s in. It was propownded that Edw : Chipfeild might have libertie to make bricks in the playnes vnder the West Rocke to Wh their is a good highway, which was allowed off. [136] II The court was informed that sundry swine had bin killed by the Indians doggs, and vppon the demand of dam- adgcs they promised to kill their doggs, & have brought the heads of 1 o^ 8, & hervppon desired that if the English swine doe trespasse them they may also be satisfied for the same, or rather p''vent their swine fro™ trespassing them. Lciut Seely herevppon informed the court that the Sagamore told him he durst not acquaynt him who had mischeivous dogs yet alive, because they would poyson him. Leiut Seely was herevppon requested to learne the names of such as the Sagamore feared & had doggs left & returne y"' to the governour. It was propownded (that seiug we have a miller that gives content to the towne,) that we might have a loader alsoe. 20^ a yeare was offred by Capt. Malbon to any that would vnder- take it, & he would find them w'h two horses & keepe them W'h meate, only he should tend them, or els he would allow 40' a yeare & y^ loader should find 2 horses w^h meate all the yeare, & he further said if any man would vndertake the for- mer worke, he would carrie the towne corne to mill for l'^^ ^ bushell. This was refferred to consideration. Whereas at the last gennerall court it was propownded that a bridge might be made over Newhaven River going to Conn- ecticott, viewers were chos", & vppon view have fownd a con- veynient place, aboue a mile & halfe above the old passadge. Bro. Andrewes & bro. Munson require 4' 10* for the carpen- ters worke & carriadge, & they thought 20" might serve for to fit the banks for passadge. John Thomas promised to helpe doe that, & as soone as possibly may bee. It was ordered it should be don, & that a surveyo"" looke onn it & lay out a way from the place, that the farmcs might not be damadged by passengers that goe & come that way. 1645] NEW HAVEN COLONY RECOEDS. 227 It was propownded that sister Lampson should he provided for at the towiies chardge, so farr forth as her hushaiid is not able to doe it. It was ordred the last gennerall court that men & weomen should be seated in the meetinghowse, therfore it was pro- pownded that all the seats be finished for feare of want of roome & to avoyd offence. It was formerly ordred & now againe spoken to, that euery one turne their swine Andrewes junio'" confessed he was as a meanes & occassion of this, w<^li he desireth to owne as his sin, but he intended only refreshing them. 230 NEW HAVEN COLONY EECORDS. [1646 Tlieopliilus Higginsoii said he dranck three times, but he not loveing of it tooke hut litle. For w^h disorder of all & distemper of some, they were all fined, viz'i Tho"" Tobie, Robert Vsher & W™ Andrewes junio*" 20^ each of them, W^ Fancy 10« & Theophilus Higginson 5^ Corporall Leavermore being complayned of for his mans defect in want of a rest, sword, worme & scourer, but haveing procured som & promising to provide the rest as soone as pos- sibly he can, was fined but 1*. Serjeant Munson being complayned of for taking away 3 hands fro™ traynings to goe fetch hay, he alleadging a promise to have had it don while he was gonn to Moheigin, & after he came home, but being putt of & in hazard whether he should gett cannowes or the like to doe it, & if he had not imbraced that oppertunjty he could not have had hands to helpe him & considering it was don on a shewing day after they had shewed their armes he was fyned 2« each person. [139] [ ] Richard Pery chosen secretarie for the court of Newhauen vntill October next. Francis Browne had liberty to depart the court, to helpe some cattle over the river. Brother John Herryman received the chardge of a freeman. Consideringe the state of the jurisdiction & the righteous- nesse the towne is bownd to attend in payment of severall debts, which for the p^scnt were due, it was thought meete that a new rate be assessed, and that it be paid w^hin a month, & that the halfe yeare rate due in October be paid into the treasurer in June & July next ensueing at farthest, in monny, beaver, corne or wompom, in butter or cheese & great cattle moderatly pi'ised. It was propownded by the governo'" that each person that liath land or doth rent any this yeare in the necke doe bring in their quantities to the govern'', & how he will improve it this yeare, before the first of May next or before he put in any cattle into the necke, vnder the penaltie formerly setled, and 1646] NEW HAVEN COLONY RECOEDS. 23l that bro: Cooper drive the necke the 11^^ of this instant Aprill & afterw'ds whose cattle soeuer be fownd there they being pownded shall pay ¥ the owner 6'' a head as F a former order. It was desired that those that desire right in the Beaver Ponds should issue their thoughts about it w^hin a month, & if they doe not, no"" give in their mynds to the governo'', it is to be left to the courts dispose. It was granted that brother W'" Thompson might fence in his meddow & the small parcell of land straight from the quar- ter to the causey with it. Brother Wackman & brother Seely were desired to view that meddow Mr. Goodyeare desireth at his farme, & to returne their thoughts of it to the court. Brother W"" Tharpe was spared from future traynings, with respect to the weaknesse of his boddy. Brother Francis Newman & bro: Crayne were desired to view a peece of grownd which brother Leeke desireth to liuild a shopp onn agaynst his howse. It was ordered that the surveyours of the liighwayes doe view them, & returne the names of those that are defective either for cart or foote. It was ordered that each man mayntayne a good way before his howse lott throughout the towne, whether it be for cart or foote. [140] [ ] Mr. Brownings son wanting a gune & sword, his case being such as his armes were sold before winter, his intents being to have gon for England, & pmising to provide agaynst the next trayning day, his fine for pt'sent was remitted. Ambrosse Sutton being defective in his armes, y^ mayne spring of his gune being naught, was fyned 12*^. Goodm" Whitnell, defective in worme & scourer, was fyned 1^. Goodman Lampson, for a defect in y^ length of his rest was fyned 6'^. 232 NEW HAVEN COLONY RECOEDS. [1646 The townes fence being complayned off as defective w^hin Mr, Davenports quarter, towards ye Mill River, w\\ was don by Jn° Mosse & Timothy Ford, they submit to the prising their fence, & yeald it vpp to the towne, W^h was vallued at ^ '' p rodd & was in all ^ rodds, as p the views noat appears. Brother Crayne haveing sett vpp some fence before any court order was made for the sises of posts & rayles, it being now fownd defective, it was appoynted that his accompt be viewed & so to see the pportion betweene the fence & the prise paid for it. Timothy Ford was complayned of for his powder being short in waight & dusty & soe not serviceable as it ought to bee, was fyned 2^ 6^. Robert Emery for his defective fence of his gune, fyned 1^. Jno Cooper wanting a rest was fyned Q'^. John Gibbs defective in his gun fyned 6^. Robert Vsher defective in y^ sockett of his peece fyned 1^ Benjamin Hill defective in scourer, but being warned to y^ court he neith'' acquainting his master w'h it nor appearing, it was counted a contempt. Samuell Wilson wanting worme & scourer & rest was fyned 5^, considring he had notice given him of providing & he doing it not. Tho"" James, his scabbord being too short fyned 6'^. Natha: Seely defective in scourer fyned 6^. Bro. Davis for 3 men of his being defective in bulletts & one in match, for w'^li he was fyned 20^. W'" Wooden defective in powder fyned 12''. Bro. lues wanting a scourer, ) , n^ -, ^^ Bro. Mitchel wating a gun sticke, ) Goodman Osborne defective bulletts, scourer, worme S: rest, but being now supplyed was fyned but 5^. Samuell Daighton wanting all armes, but he being latly come to towne & at p''sent provided, it was passed by. James BishopiJ defective in his rest fyned (j'^. Tho'n Beech defective in his rest fyned 6^. Tho'n Knowles defective in his rest was fyned G<^, ct he not 1646] NEW HAVEN COLONY EECOEDS. 233 haveing paid a former fine was ordred to cleare it before the nest court. Samiiell Marsh being seeking cowes during his absence from traynings, it was accepted of the court as a sufficient excuse. Goodman Plat hatli sold 6 accres of meddow on the west side vnto Roger Allen, w<=h meddow lyeth next above Mr. Gib- bard, in a peece of meddow called an island, & the West Eiver runeth vpp on the other side thereof. [141] II Goodman Piatt hath sold about 11 acr. -|- of vpland to Mr. Jn° Wackman & John Gibbs w«=h fronteth against Mr. Evance quarter & is bownded on the reare by Jn^ Gibbs & Hen : Glovers lotts, & lyeth betweene Mr. Wackman & Mr. Bracys lotts. Goodmn Piatt hath sold all his land in the Necke to W'" Thompson. Goodman Piatt hath sold 2 acr: of meddow to Tho"" Fugill, Richard Hull hath sold 6 acr of vpland vnto W'" Thompson, which fronteth towards the subburbs quarter, & lyeth at that end of his lott, & is betweene W'" Preston & Henry Lindoll lotts. The Governour being informed of severall leawd passadges, ordered W'" Fancy to appeare w% his wife at the Court, to answere for them. The examinations of Goodm" Fancy & his wife following were read in court, viz'^. Goodwife Fancye examined the 14th Aprill (46) said that, 1. About two yeares since working for Goodwife Robinson, being alone in the cellar with Tho™ Robinson her husband, he tooke hold of her, put downe his owne breeches, put his hand vnder her coates, & wUi strength & force labored to satisfie his lust, & to defile her, indeavoring to throwe her downe, & when shee began to cry out, he stopt her mouth, but some of the shipmen occassionally calling him away he left her for that time. 2. When they lived in Leiut. Seely's cellar shee going into the planted lott to fetch in a barrow full of wood, Indian corne being then & there growne man high, hearing a noyse amongst the stalks of corne & lookeing about shee saw Tho"^ Robinson 30 234 NEW HAVEN COLONY RECORDS. [1646 Fancy lived at Tho'" Clarks howse, Tho"> Robinson came thither, this examinate saith she seing him comminge, & fearinge his filthy lustfull attempts, gott & stayed out of the howse. Robinson prayed her to come in, proffessing he came with noo evill intent, but to make peace wUi God & her, she told him her husband knew of his filthy leawd car- ryadges, he must therfore make peace with him; this Avas about 12 monthes since. Notw'hstanding all former passadges, Tho"' Robinsons wife wanting help in her childbed state, he impudently desireth Goodie Fancy to keepe her, she sends him vnto her husband, & he, considring the weomans neede, consents. After she had bin there a weeke, her husband asked her how Robinson car- ryed himselfe, she answered she thought he was become a new man ; but the second weeke he returned to his former filthy course. Goodwife Fancy going forth with him into the cow howse in the evening to hold the lanthorne while he cought a hen for his wife, he suddenly darkned the lanthorne, fownd & tooke hold of her in the darke, she crying out, (fearing he would kill her,) what shall I doe; but he put downe his breeches, put his hands vnder her coats, & gott them vpp, thrust her to the wall or pale & indcavored with his boddy to committ adulteric with her, but she resisted & hindered him [142] & told him that if || he went onn thus, he would come to the gallowes; he pished at that, but told her he would never medle w4i her more. This was about 10 weeks since. [1646 NEW HAVEN COLONY EECOEDS. 235 6. Yet againe during that attendance onn his wife, this ex- aminate going forth to fetch wood to make a lier, itt being her night to watch, Robinson followed her, put downe his breeches & indeavored to satisfie his lust as before, but she cryed out, threatned to awake his wife & to acquaynt her wUi his course, wherevppo he gave over & this was his last attempt vppon her. This examjnate saith that she hath from time to time ac- quainted her husband w'h Robinsons leawd lustfull attempts vppon her, (except that 5*'^ passadge in the cowhowse, w^h yet she after told him off,) & prest him to complayne to the gov, but W'" Fancy refussed & desired it might be concealed, fearing, (as hee then & now professeth,) that his wife haveing bin publicquely punished for theevery, should not be lieleived ; & by way of excusse, he now further added, that being ignor- ant of the mynd of God in the Scriptures, he knew not but that it might be concealed. By examynation & confession it appeareth that the former leawd & outragious attempts came thus to light, Tho'" Robin- son, at Mr. Evance his howse hearing Hannah Marsh say she delivered a paire of sizars to Stephen Medcalfe before he went for England, Robinson in the hearing of Jn^ Thomas and others replyed, there is another cutler in towne for a neede who could spare a paire of sizars or a knife, & added he thought he saw the sizars spoken of att Goodwife Fancyes, & that she was a theife & other words to tliat purpose. Goodwife Thomas sometime imployinge Goodwife Fancye in her occassions, either told her or sent her word what Robinson had said. Fancy his wife passionatly & in way of revendge tooke vp this proverbiall speech, save one from the gallowes & he will hang you or cutt your throate if he can. Goodwife Thomas, by the words supposing some great guilt was concealed & lay hidd, inquired the meaning, & Fancyes wife discouered Robinsons filthynesse & villeny. After this Fancyes wife going home from Jn" Thomas his howse fownd Robinson staying for her in Stephen the cutlers shopp, & weeping he spake passionatly, is this come forth & added he would rather that his life & all goods were gone then that his wife should have knowne of it. 236 NEW HAVEN COLONY RECORDS. [1646 Goodwife Robinson hearing these things was exceedingly troubled & desired they might be taken vpp in a private way if it might bee, and Tho"^ Robinson and his wife pressed Goodwife Thomas to that purposse ; Goodwife Tliomas replyed that he might see a hand of God in this busjnesse, for his other vnrighteons dealings, yet told him if she might saflye, she could be content to conceale it if she might see a generall reformation in his course, but Robert Vsher knew of it & must by a due acknowledgm^ be satisfied. Robinson meeting w^i Vsher that night, insteede of satisfying him, provoaked him by telling him it was Init a word in jest, & that Fancy his wife wronged him, herevppon it was resolved that counsell should be asked & proceeding ordred accordingly. W'" Fancy & his wife both affirme that about a fornight since Tho™ Robinson offred them lO^ in silver for their satis- faction that there might bee noc further prosecution. John Thomas & his wife say that Robinson did before them acknowledge some miscarriadgcs & did but weakly if at all deny the rest that Fancyes wife chardged him with ; he knew, (as he said,) that a wcomans word would passe before a mans in this case, cspetially seing Fancy his wife said she would take her oath for the truth of her chardge. [143] II Goodwife Robinson confessed she had heard her hus- band confesse he had spoke some words to try Fancys wife but he could not owne all she had chardged him with, being asked where her husband is, she saith that yesterday in the afternoone he went forth in a sadd discontented frame, and as she since heareth, passed over the ferry, but since she hath not heard of him. W'n Fancyes wife saith further that about 3 monthes since Markc Meggs came to their howse & asked for her husband, saying he was ordred by Mr. Francis Newman to receive 8^ of him, she replyed her husband should gett it for him so soone as he could, but it since appcareth Mr. Newman sent him nott. As Fancys wife then passed by him he caught hold of her, strove with her, put his hands vnder her coats, shewed her a string of wompom & told her he would give her that & 5^ more if she would teach him to gett a boy, but she resisting 1646] NEW HAVEN COLONY RECORDS. 237 he went away. When her husband came in she told him Marke Megs was a roagiie, & acquainted him what he had done, wherevppon her husband & the cutler went & spake w'h him ; he presently acknowledged his fault to them, & severall * times since hath acknowledged it to Fancys wife. Concerning Stephen Medcalfe the cutler she saith, that her husband & she lying in his howsc soone after the hand of God was vppon Stephen in the losse of his eye, he came, (as she was sifting meale,) in a basse lustfull way to kisse her by force, she said it were better he never touched any while he lived, yet after this while he was vnder cure when her hus- band was abroad, it being his watch night, Stephen went to bedd but left his candle burninge, she called to him to put it out, he bad her come put it out or take it for her vse if she would, she refusing, he after put it out & she went to bedd, but first tyed downe the latch of the dore soe as she thought it could not be opened from w'hout ; yet, as she conceyveth about midnight, the dore was opened, & by the creeking awackned & frightned soe that she cryed out with much feare, who is there, then Stephen spake & went to his cubbard, dranke some strong watter^& went away. Fancys wife arose, went out & came in againe, walking vp and downe. After tlie day brake the weauer & her husband came home, she told her husband Stephen was a rogue, & said she would com- playne to the magistrate but her husband diswaded her. Ste- phen lay long in bedd that morning. After he was vpp he went to Mr. Pells, her husband met him & told him of his miscarriadge. Stephen came home and asked Fancys wife what she had told her husband, she answered nothing but what Stephen knew was true, yet at his request, her husband promised to passe it by. Marke Meggs being called to answer Goodwife Fancyes chardge did at the first wholy denny it, wherevppon W'" Fancy informed the court that so soone as he came to the knowledge of his forementioned action, he called to h™ to speake w^h him, who was then killing a pigg at Goodm^i Mosses & there told him of it, & that since Marke had sought to make his peace, & at that time Robert Vsher, that he might not come 238 NEW HAVEN COLONY RECORDS. [1646 to the knowledge of it, was sent out of the way, & he the said Marke Meggs told them if it came to light he should be vndone. [144] II Corporall Mosse informed the court that James Hey- wood told him that Marke Meggs came into Goody Fancys howse & downe with his lireeches. Goodman Banister informed the court that Daniell Paule & himselfe being at worke w% W"" Fancy, he upp & told them that Robinson was run away & feared his wife would be a cause of his being whipped and so Marke Megs. John Meggs informed the court that W'» Fancy being at his shopp told him what his bro : had done, & that he thought he would be fyned, & if that it were soe he would take nothing of him. John Thomas informed the court that Marke Megs told him that the Govern'' said that Jn^ Thomas needed not come to court if he could say nothing for him, the w^h words the gov said not, Init Marke Meggs exprest to have hidd his sinne & guilt. Robert Vsher informed the court that one night Marke Meggs came and called W"* Fancy & his wife to speake w^h them, & Goodie Fancy desired him the said Robert to goe vpp into the chamber, then he asked the matter, she said nay, neither shall Stephen tell you what Marke came about. Goodwife Fancy vppon oath affirmed that Marke Meggs comminge for 8* or 10^ vppon a last day at night, she told him she thought her husband had it not, but he should gett it, & thought Mr. Newman would not be soe deare, then went out into the lott & comminge in agayne he caught hold of her, put his hands vnder her coats, offred her a string of wompom he then had & 5^ more if she would teach him gett a boy — & ye next day save one, being the second day of the weeke, he went to him. Goodm" Fancy vppon oath affirmed that he spake wMi Marke Meggs in Goodm" Mosses yard & said to him he was a basse fellow for to goo to abuse his Avifc, offring some wompom & 5^ more & that he going to acquajnt Mr. Gregson wUi it, Marke mctt him, acknowledged his fault & said if hee should goe & 1646] NEW HAVEN COLONY EECORDS. 239 tell of it he should be vnclonc, & intreated him to consider his case, for he had dranke a cupp of sacke & Stephen desir- ing him, he granted to passe it by. Capt. How, being then in court, told Marke Meggs it was not his way to deny it before God & a court of justice, for though the court might, God would not cleare him if guiltie, for God may have left him to the act, although there may want evidence, as he may remember a defect of evidence in a case of this nature formerly. Therfore desired him not to leave God & himselfe in this act. For w°h sinful & lustfuU attempt, although denyed at p>"s- ent by himselfe yet sufficiently proved to the satisfaction of the court, he was centenced to be severely whipped. Goodie Fancy for herselfe in concealmt of the forementioned vylenous & lustfull attempts by severall as appeareth by her own confessions, & W™ Fancy for his being as it were a pan- der to his wife & neglecting the timely revealing of these fore- mentioned attempts to have defyled his wife, who should have bin her ptector, & although he was told of them, neither did discover them himselfe, nor would he suffer his wife to doe it. Both were centenced to bee sevearly whipped. Joseph Guernsy for his wilfull neglects of obedience to his ni'' his commands & rysing vp & abusing his m^" & his bro., as appeared by the testimony of bro : Joshua Atwater, bro. Chee- vers, Mr. Francis Newman and Eliz^ Downinge, was cen- tenced to be sevearly whipped. [145] [A Genneralt] Court held the 25*^1 May 1646. In regard of severall occassions and ninth commandem'^, submitted himselfe to the court. The centence of the court was that he should pay five pownds as a fine to Mr. Malbon for his defameiug of him, & 1646] NEW HAVEN COLONY RECORDS. 259 be imprisoned the courts pleasure. Mr. Malbon informed the court, vppon Edw. Parkers petition to the coiirt for release from imprisoum* and further acknowledgm* of his evill wUi more answerable affection, that he would not inrich h'"selfe in this way, but remitted freely the fine, & the court freely released him from his imprisonment, vpon hopes of this being a warning to him how he transgresse in the lik kind, for if he did, it would not passe so easylje. Phillip Galpin and Elizabeth Smith,* standing guilty of for- nication and defyling themselues, w'^h was tlic breach of the 7"' commandement, both fully acknowledged it & their sinne in it, & expressed their sorrow for it. The centence of the court was, that both of them should be publiquely whipped, Phillip at present, & Elizabeth being now w^h child, the exe- cution of the centence was respited vntill she was deliuered. [158] II Samuell Swayne complayned of Mr. Mullyner for neglecting of traynings, watchings & bringing of his armes when it was his turne one the Lords days. Mr. Mullyner acknowledged he had neglected it & pleaded he had not done it in Newhaven nor in the Bay, but for what has bin done by him he submitts to the court & promiseth amendement. Samuell Swayne desired the jugment of the court for the time that is past, & that he be ordred for the time to come. Tlie court agreed that he doe the service for the time to come, & for what is past the court will further consid'' of it. Samuell Swayne desired to know whether all from 16 to 60 should trayne, if they had bine magistrats elswhere. The Courts answ^er was that it was mcete to 1)e respited vntill the next ^ennerall Court for the jurisdiction, provided they be all furnished with armes. Ricd Pery, Plant. Luce Brewster def. [The remainder of this page and also pages 159 and 160 are blank.] * In the margin, " Phillip Galpine and his wife." 260 new haven colony records. [1646 [161] At a Court of Magistrats held for Newhauen Jurisdiction June l^i' 1646. Wheras Thomas Fugill vpon complaynts from the gen" Court at Newhaven, was two monthes since summoned to this Court of Magistrats to answere severall miscariaclges Kieft, Goumor of the Dutch in New Netherland, S''. By some of y" I have lately receaved a ptest under y"^ hand dated August the 3i 1646, wherein y" ptend we have indirectly entred the lymitts of New Netherland, usurped diu>^s places in them, & have offered you many inuries; thus in gen'all & in reference to some yeares past, more particularly to the disturbance, nay to the utter destruction of y"" trade, we have lately set foote neere Maui-itius Hya" in that Province. We doe truly pfesse we know noe such Ryu'', neither can we conceave what Ryur yu intend by that name, unlesse it be that w'^h the English have long & still doe call Hudsous Ryu''. Nor have we at any time form''ly or lately entred upon any place to W^h y" had or have any knowen tytle, nor in any other respect beene inurious to ya. It is true we have lately upon Paugaset Riu"", w<=h falls into the sea in the midst of 34 266 NEW HAVEN COLONY RECORDS. [1646 an aiiswere to the same sent, and directions given to them that keep the trading howse. And it was fully & satisfye- ingly voted, that the court would mak good their titles here, & at the trading howse, & leave the issue of things to God^ whateuer they may bee. Nehemiah Smith's request was read, viz^^ These are the propositions I thought meete in wrighting to propownd to yc worP^, ypon w^h I desire land. First, that I might have for myne owne propryety 20 acr. of vpland & 10 acr. of meddow. 2'^'y, that I might have it vpon that hill where I have made a sheeps penne, of the south side of the hill of Mr. Malbons cove, because the sheepe may have the ayre of the sea in the summer time, lyeing 4 square by reason lesse chardge will fence it. S'^iy, also I desire when the sheepe doe returne, I may have 20 acr. more of vpland, & 10 acr. of meddow, for w^hout 20 acr. of meddow I can doe noe good w^h keepeing the sheepe. these English plantacons, built a small house within c owne lymitts, many miles, nay leagues from the Monhattoes, from yo"^ trading hoiise & from any part of Hudsons Ryu'^, at which we expect little trade, but can compell none. The Lidians being free to trade w'h y", us, Conecticaut, Massachusets or w'h any other, nor did we build there till we had first purchased a due tytle from the triie proprietors. What inuries & outrages in our psons & estates, at the Manhattoes, in Deleware Ryu"", &c. we have receaved from y", o"^ form"^ letters & protest doe both declare & pve, to all w^h y" have hitherto given very uusatisf3dng answers, but M'hateu"^ o"" losses & sufferings have beene, we conceave we have neither done or returned any thing, even to this very day, but what doth agree w'h the lawe of God, the lawe of nations, & w & absent one Lords day fyned 2% 10-^ 6J in all. Goodm" Johnson haveing a lott that was his brothers desired to cleare to the court his proofe for what he posscsseth. John Punderson said he had almost forgott, but Samuell Whithead & he heard Thomas Fugill expresse as 'l^ the noate vnder his hand appeareth, viz'i. When Jno Johnson was p^'paring to goe to the Bay, he told mee he had sould his liowse & accomodations belonging to it, vnto his Ijrother (vizf^) Robert Johnson for the -iO' he said I knew he received in Old England, vpon condicon, that if he should see it liis way to come back & live here, then he might have it, paying to his brother the said -lO^, & what chardges he should lay out about it, or if lis brother should sell it to come & live in the Bay, 40^ of the price he should keepe to himselfe & pay the overplus to him, only deducting his chardges. But if the said John should not returne, & the said Robert his l)rother should resolve to setle here, then the said Robert Johnson should have it forever, for the said 40^ ; this is the substance of the agreement as the said John related it to mee, witnesse my hand. Tho: Fugill. Bro. Tharpe said his m'' said to li»' his bro: was to have his howse'ife lott, but if he returned he was to have it againe, re- 1646] NEW HAVEN COLONY EECORDS. 273 turning to his bro. what he had of hi'". By all w^h, finding as yet the proofe defective, the court determine nothing in the case, wanting further light. Tho'" Fugill hath sold 6 acr^ of land in the Necke vnto Rob- ert Johnson, he paying 30^ to Geo: Downing & the rest in cartadge, as Allen Ball witnessed and a noat vnder Tho"» Fugils hand p^'sented in court by Robert Johnson appeared. [167] At a GenI Court held the 7^1^ of October, 1646. The Governo'" acquaynted the court that sundry miscar- iadges by drinke hath bin of late, by whom he cannot come to the true knowledge off & where it hath bin liadd. Bro. Andrewes propownded that he might lay downe the ordynary. It was ordred to prevent that excesse of drinkeing, that God may not be dishonored nor religion reproached, that wine & strong watters, that wyne S^ strong waters bee drawne only at the ordynary. The neglect of finishing the pewes was remembred, & them that should doe them & the chest for the pyks were desired forthwith to dispatch them, that the seating of people may goe forward. It was propownded that helpe might be affoarded to launch the shipp, for Goodman Paule informed the Governo'" that the keele would rott if it were not launched before winter. Bro. Leeke had liberty to draw wine for them that work at the shipp. It was propownded that the marke of swine be brought into the pownder. It was propownded that W'^^ Meaker might be loader to mill, & it was ordred that for a 12 month he bind himselfe to goe in all seasons except vnseasonable weather, Beech, (and that he pay 5^) besids the chardgcs vnto them, Jn° England finishing it. Theophilus Higinson hath sold 3 acr i of vpland vnto John Pundcrson, lying w^liin the first devizion. Theophilus Higinson hath sold vnto Goodm" Johnson seaven acr. of vpland lyinge w'hin the first devizion, lying next Good- man Todd. 1646] NEW HAVEN COLONY RECORDS. 295 John Nash hath sold 5 acr h of rneddow on the Indian side, vnto Jno Vincent. John Nash hath sold 7 acr ^ vpland vnto Roger Allen, w^h lyeth in Mr. Lambertons quarter. [176] 11 Thomas Hogg haveing bin imprisoned vpon suspition of bestyality w^h a sow of his mistreses, for about 2 or 3 monthes agoe, there was a discovery of that W^h is conceived bestyalitye, a sow of Mrs. Lambertons pigging two monsters, one of them had a faire & white skinne & head, as Thomas Hoggs is. It being considred of, Mr. Pell was sent for, and afterward was fownd another w'h a head lik a childs & one eye lik his, the bigger on the right side, as if God would dis- crib the party, wUi the discription of the instrument of bes- tyalytie. This examinant being sent for & examjned about it, he fetched a deepe sight, fell in his countenance, but denyed it ; but information was made of sundry loathsome passadges concerning him, as discovereing his nakednesse in more places then one, seemeing therby to indeauo'" the corrupting others, and being told of it, he said his breeches were rent, when indead his sperit was rent. Thomas Hogg said his belly was broake, & his breeches were streight, & he" wore a Steele trusse, & soe it might happen his members might he scene. Goodie Camp informed the court, that for all she could say to him, yet he did goe so as^his filthy nakednesse did appeare ; she has given him a needle & thridd to mend his In-eeches, but soone it was out againe, & he would tell her his breeches were tore & burnt. The faults for wh he was imprisoned were two. For that of bestyalytie, guilt did appeare in his carryadge, although he denyed he was at farme when the sow took bore, & would not have gon to fetch home the swyne aljout their pigging time, & being sent once & agayne, he went, but brought them not home, but one of bro. Thompsons famyly fownd them in lesse then halfe a day. Afterward the governo'" & deputy, intending to examyne him, caused him to be hadd downe vnto his M^s yard, where the swyne were, & they bid him scratt the sow that had the 296 NEW HAVEN COLONY RECORDS. [1646 monsters, &, immedyatly there appeared a working of lust in the SOW, insomuch that she powred out seede before them, & then, being asked what he thought of it, he said he saw a hand of God in it. Afterwards hee was bid to scratt another sow as he did the former, but that was not moved at all, which Thomas Hogg acknowledged to be. true, but said he never had to doe w'h the other sow. The court was informed that he seeing his m^s swyne, & this sow that had the monsters, yet he would not bring them home. Nicholas Elsie said he knoweth that Thomas Hogg did ques- tion whether that sow was his mistrises or noe, & shewed an vnwillingnesse to have them home. Mary, servant vnto Mrs. Lamberton, informed the court that the neagar was the first in the famyly that observed his discovereing his nakednesse, & told him she would flying fier in his breeches if he continued thus ; and divers times her- self saw it, & told him of it, but he would deny it. He had discovered himselfe to be an impudent lyar, and forward in stealing. Lucretia, the governo''s neagar weoman, informed the court that while she was in the famyly w'h h'», she saw him act filthjnesse wUi his hands by the fier side, & the next day the child & Hannah told her of it, & she asked whether hee was not ashamed. And she hath scene him take his hand out of the pott & a dumpling with it. Mary, aforementioned, added she saw him take cheese out of the buttrey, & speaking to him about it he denyed it presently. The centence of the court was, (leaveing that about beas- tyalytye to be further considred on,) that for his filthynesse lyeing & pilfering, he should be sevearly whipped, & for the future time during his imprisonement, that he be kept w^h a meane dyet & hard labour, that his lusts may not bee fedd. [177] II John Charles was required to answere for his con- tempt of the court, that they sitteing & sending a warrant for him, yet he goes away w^hout any leave, conteming the authority of the place therein. John Charls answered, it was true he went away, it being vpon a pinch of time and skipper Zeaker stayed for him, & he was told that wariiinge should have bine given before that 1646] NEW HAVEN COLONY EECORDS. 297 time, &, so not lawfull warninge. Espetyally speakeing to his bro. of Totokett that he should informe the court how it stood w*h him, he thought it noe contempt. Thomas Wheeler, Thomas Lawrence and Timothy Alsopp vpon oath affirmed, that when the said Tho™ Wheeler had told John Charles he must goe to Newhaven, John Charles asked him what he should doe there, Thomas Wheeler said he must answere to such things as were brought against him. John Charles answered, that they had more neede answere him for threescore pownds they tooke away from him. Thomas Wheeler saitli further that John Charls said, that to take away his mony Andrewes maketh oath that by the order of his ml" Mr. Jn° Evance he, the said William Andrewes, packed vp 1071 1^ of coate beaver & one otter skine in a cask, w^h he received of the Dutchmen for the vse of his m"" Mr. John Evance, w^h was directed to Mr. Lacke of Boston to be sent to Mr. Eldred of London, out of w^h he was innordred to jjay Goodm" Charles his bill of exchange. Mr. Evance informed the court that he paid Mr. Woory w^h beaui" that he received from the fort of D'Aurange. Leiut. Joseph Godfrey informed the court that he heard Mr. Evance give order to W™ And- rewes, and also the promise that passed to John Charles. Mr. Evance said he dealt faithfully w'h John Charles, for he intended to have sent it by way of the Bay, hearing he went that way, til afterw'"d, w^h made him take that care. Although he seetli himselfe short in that he gave not due notice thereof, seing he might have gonne ¥ the way of the Rivers mouth. Jn" Charles said this was all he had to say for damadge, if it did amount to anything or noe. Bro. Mosse required of Mr. Evance a reason whj he demanded execution so suddenly, he answered, because of Jn° Charles speedy purpose to dept. Thomas Newton of Fairfeild maketh oath, that John Charles, being at Mr. Pells howse, affirmed that Jn'' Evance, for the goodwill of the said John Charles in len[ding] him coate beau"" for some time, for w^h the said John Evance had promised him a bill of exchange, liee had mearly cheated h™. Joseph Alsop of Newhaven affirmed that he had sayled for John Evance two years, & it was longe erre he could get him 300 NEW HAVEN COLONY RECORDS. [1646 to acc% & that being come to accompt, & he was to have his monny, he sd hee was mearly cheated by him as at last. [179] l|Leiut. Seely witnessed that before the court John Charles said that there was noe more mercy in Mr. Evance then a dogg, & when he had any advantadge he would vse it, and that thus he spake at Phillip Leeks. John Charles acknowledged the grownd of all these words was the boate. The centence of the court was, that seing this way of slan- dereing not only reached to the defaming Mr. Evance, but the wounding him in his credit & faithfulnesse, w^h is to vndoe him so fare as lay in his power, he was fyned 50^^ to Mr. Evance. At a Court held March the 2<^ 1646. John Sackett demanded a debt dew from Stephen Medcalfe of 18^ W"' Fancy informed the court that Stephen Medcalfe said vnto Jn" Sackett in his hearing that he had forgott to reckon the 15'^ he owed him, w'h he said he would pay him the said John before he went, of w^h he was ready to make oath. Bro : Myles & bro. Whitnell are desired to view Stephens howse & judge what it is worth 'F weeke. W™ Illes his inventory* was presented to the court, where- vpon the Go"" propownded that Ric*» Beech give in securyty to the content of this court, or els pay into the treasurers hands the vallew of the inventory. Bro. Anthony Thompson and bro. Clarke are desired to view the land Rici^ Beech presents for securyty at home. Also ordred that the secretary wright a *"An inventory of Willm. lies his goods with the prizes." Sum £9. 19. 10. prized by John Clarke, Antho: Tompson. Wm. lies Dr. To Mrs Shearman .£0. 10. to Goodman Charles £0. 10. 3. to Good- man Ives ^0. 10. to Goodman Pecke £0. 0. 6. to Goodman Larramore £0. 0. 3. to Peter Mallorie £0. 6. to Rich Booth .£0. 4. to Serjeant Andrewes £0. 0. 7. to Wm. Bassett .£0. 0. 6. Wm lies Creditor. For work done at mill £2. 7. from Mr. Godfrey £2. 1. from Goodman Heards £0. 15. from Mr. Mullyner £1. 1. 6. from Arthur Halbidge £0. 0. 10. from Wm Peck £0. 1. 10. for 9^ which was in a purse of wompm brought from the trading house £0. 9. from Isaac Beecher £0. 2. from John Mosse £0. 0. 6. for a howe valued by Roger Allen £0. 2. 6. 1646] NEW HAVEN COLONY RECORDS. 301 letter to the towne where W™ lies lyved, viito his brother, and that Richard Beech should bring into the court what chardges he hath bin at in gathering the inventory. Thomas Yale hath sold vnto Robert Johnson 62 acr. of vpland in the 2*1 devizion, 15 acr h of meddow, & 5 acr. | in 2 pcells, w^h is f of the first devizion of David Yale, & 3 acr. h in ye neck. It was ordred that the proportions of John Meggs, John Gregory and Robert Preston be setled vpon them severally, they buying the proportions of 300^ from Mr. Evance. Samuel Hodkejs was called before the court for theft. Sarah Rutherford informed the court that Samuell Hodkejs had taken from her 20^'' of lead w<^h he had brought agayne. But she haveing promised some lead looked for it & fownd it wanteing, wondred at it what was become of it. At length Goodman Walker had some suspition of Samuell Hodkeyes, & speakeing vnto one of it, he telling Sam. Hodkeys of it, he then layd it wUi Edw : Preston & W™ White, & said he had it of them, informing that vpon the ships coming back unexpect- edly & these yong men in her, they were called lead mar- chants, & so he slandred them. But now he acknowledgeth his sinne, & he judgeth in h'"selfe that the court cannot passe too. heavy a centence vpon him, for he had sinned against his light & conscience, and confesseth he hath formerly l)in given to this way of theft. It is now the greife of his hart that he cannot bee suffitiently affected w^h it. And further acquaynted the court that the axe he formerly tooke from Mr. Evances gate, he did in his conscience feare now it was his, although then hee w^hstood it. The centence of the court was that Samuell Hodkejs make double restitution, and that for his slanders & lyes that hee be whipped publicquely, and that he pay the chardgs of the court. 302 new haven colony recokds. [1646 [180] At a Generall Court held the 10"i of March, 1646. The names of people as they were seated in the meeting- howse were read in court & it was ordred they should be re- corded, w^h was as followeth, First for the mens seats, viz''. The midle seates have to sit in them, 1 Seate, the Governour and Deputye Governo''. 2 Seate, Mr. Malbon, Magistrate. 3 Seate, Mr. Evance, Mr. Bracey, Mr. Fra: Newman, Mr. Gibbard. 4 Seate, Goodm" "Wiggles worth, Bro. Atwatter, Bro. Seely, Bro. Myles. 5 Seate, Bro. Craine, Bro. Gibbs, Mr. Caffinch, Mr. Linge, Bro. Andrewes. 6 Seate, Bro. Davis, Goodman Osborne, Antho : Thompson, Mr. Browning, Mr. Roth''ford, Mr. Higginson. T Seate, Bro. Camfeild, Mr. James, Bro. Benham, W'" Thompson, Bro. Lindoll, Bro. Martin. 8 Seate, Jn" Meggs, Jn^ Cooper, Peter Browne, W'" Peck, Jno Gregory, Nic^ Elsie. 9 Seate, Edw. Banister, John Herryman, Benja : Wilmott, Jarvis Boykin, Arthur Holbridge. In the crosse seats at the end. 1 Seate, Mr. Pell, Mr. Tutle, Bro. Fowler. 2 Seate, Tho-" Nash, Mr. Allerton, Bro. Pery. 3 Seate, Jn^ Nash, David Atwater, Tho"* Yale. 4 Seate, Robert Johnson, Tho'" Jeffery, John Punderson. 5 Seate, Tho™ Munson, Jn^ Leavermore, Rog^ All", Jos: Nash, Sam AVhithead, Tho°™ James. In the other litle seate, John Clarke, Marke Peirce. In the seates on the side for men. 1. Jeremy Whitnell, W'" Preston, Tho'" Kimberley, Tho"' Powell. 2. Daniell Paul, Ric'' Beckly, Richard Mansfeild, James Russell. 1646] NEW HAVEN COLONY EECORDS. 303 8. W"" Potter, Tho™ Lampson, Christopher Todd, Will^ Ives. 4. Hen. Glover, W'" Tharpe, Mathias Hitchcocke, Andrew Loe. On the other side of the dore. 1. John Mosse, Lucke Atkinson, Jn^ Thomas, Abraham Bell. 2. George Smith, John Wackfeild, Edw. Pattison, Richard Beech. 3. John Basset, Timothj Ford, Tho"^ Knowles, Robert Preston. 4. Ric'i Osborne, Robert Hill, Jn" Wilford, Henry Gibbons. 5. Francis Browne, Adam Nicholes, Goodman Leeke, Good- L man Daighton. 6. Wm Gibbons, John Yincent, Thomas Wheeler, John Brockett. Secondly for the weomens seates. In the midle, 1 Seate, Old Mrs. Eaton.* 2 Seate, Mrs. Malbon, Mrs. Grigson, Mrs. Davenport, Mrs. Hooke. 8 Seate, Elder Newmans wife, Mrs. Lamberton, Mrs. Turner, Mrs. Brewster. 4 Seate, Sister Wackman, Sister Gibbard, Sister Gilbert, Sister Myles. 5 Seate, Mr. Fr: Newmans wife, Sister Gibbs, Sister Crayne, Sister Tuttil, S. Atwaf. 6 Seate, Sister Seely, Mrs. Caffinch, Mrs. Pery, S. Davis, S. Cheev's, Jn° Nash's wife. 7 Seate, David Atwat's wife, S. Clarke, Mrs. Yale, S. Osborne, Sister Thompson. 8 Seate, S. Wigglesworth, Goody Johnson, G. Camfeild, S. Pond^son, G. Meggs, S. Gregory. 9 Seate, Sister Todd, S. Boykin, W™ Pottos wife, Mathias Hitchcoks wife, Sister Cooper. * The following passage, from Lechfords Plaine dealing, explains -why no seat is assigned for Mrs. Eaton, the Governor's wife. " At Neiv-haven, alias Quinapeag, where Master Davenport is Pastor, the excommunicate is held out of the meeting, at the doore, if he will heare." Mass. Hist. Coll. 3d series, iii. 73. Reference has already been made to Mrs. Eaton's excommunication. 304 NEW HAVEN COLONY EECOKDS. [1646 In the crosse seats at the end. 1. Mrs. Bracey, Mrs. Evance. 2. Sister Fowler, Sister Ling, Sister Allerton. 3. Sister Jeffery, Sister Rotherford, Sister Leavermore. 4. Sister Preston, Sister Benham, Sister Mansfeild. 5. S: Allen, G: Banister, S. Kimberley, G. Wilmott, Sister Whitnell, Mrs. Higinson. In the litle crosse seate. Sister Potter y^ midwife, and old Sister Nash. [181] II In the seates on the sides. 1 Seate, Sister Powell, Goodye LindoU, Mrs. James. 2 Seate, Sister Whithead, Sister Munson, Sister Beckly, Sister Martin. 3 Seate, Sister Pecke, Joseph Nash his wife, Peter Brownes wife. Sister Russell. 4 Seate, Sister lues. Sister Bassett, Sister Pattizon, Sister Elsie. In the seates on the other side the dore. 1 Seate, Jn^ Thomas his wife, Goody Knowles, Goody Beech, Goody Hull. 2 Seate, Sister Wackfeild, Sister Smith, Goody Mosse, James Clarks wife. 3 Seate, Sister Brockett, Sister Hill, Sister Clarke, Goody Ford. 4 Seat, Goody Osborne, Goody Wheeler, Sister Nichols, Sister Browne. Brother Andrewes, bro. Munson Aprill, he answered that for the squadron trayninge he had forgott it, & his wife being forth he stayed with the children ; & for that Lordsday, his wife his wife had bin sicke the Lordsday before, & she desiring now to goe to meeting, he stayed at home. He was fined 1^ towards the squadron trayninge neglect & the other was passed by. John Nash hath sold his second devision of vpland w<^h he had w'h Mr. Mansfeilds lott, viz'i 11 acres, to Mathew Moul- thropp & 11 acres to George Smith. Peter Browne hath sold 2 acres 32 rodd of meddow to George Smith w'^h is all the pportion of meddow in the west meddow, & 5 acr. ^ of vpland lyeing in the first devision of the suburbs quarter. George Smith aljenats 1 acre 16 pole of the forementioned meddow vnto Mathew Moulthropp. Peter Browne hath sold all his land in the Neck to Mr. Malbon. Geo: Smith hath sold all his land in the Necke to Mr. Malbon. Vincent Meggs was complayned off for not bringing his armes one shewing day and was late one Lords day, & was fined 6s. John Lawrenson complayned off for comminge late to watch one night, for cominge late 2 Lords days. Mr. Malbon an- swered for h™ & said that one Lords day the cattle brake out of ye yard & he followeing them to prevent damadge, because it was in the spring & then cattle were apt to be swampt, but he came & mett y" that walked the rownds in the m^ket place, and at another time fell asleepe & outslept himselfe, fined for 2 defects, 2^. Thomas Lampson absent from one squadron trayninge, lis 318 NEW HAVEN COLONY RECORDS. [1647 aiiswere was that it fell a rayniug & thuiidring when he was at lott & he thought that would put by the trayninge, but the compa exersised. He was fined 2^ 6'i. Jno Leavermore desired that his fine for contempt might be taken off, but the court, but y court as yet see noe reason to move y'» to it. Samuell Hodkejs totally aljscnt one trayning day answered he did want bread & went to mill ; this answer not satisfying the court, it was ordred that hee pay 5% the fine for totall absence. At a GenI Court held at Newhaven 5 July, 1647. It was desired that as men had formerly ingadged them- selues to contribut a portion of corne to the colledge, that the would not now be slacke in carrying it to the collecto''s, but that w^hin 7 or 8 dayes at farthest, these that are behind would pay, for its a service to Christ & may yeald pretious frut to ye collonyes herafter, being that the commission'"s have taken order that none should have the benifit of it but those that shall remayne in the country for the service of the same, the bringing in of w^h corne was ingadged by vote. It was now remembred that form"" orders were made for the incouradgement of the sheapheard, but lately it is fownd that vppon some speeches that he hadd mett w'hall from some, he has entertayned thoughts to remove. Therfore it was de- sired that things might be so considered off, that the sheepe with himselfe might bee kept in this towne, for thereby much good may redound to the publicque. Herevpon it was ordred that the Necke, or so much of it as may be improved liy the sheep, should from time to time be made vse of as a sheep pasture, & to that purpose it was fur- ther ordered that euery one who hath grownd in the neck should clcare his land, according to order from the committee to be chosen to treate w'h Goodman Smith, & consederation was had also about a penn to keepe sheepe in, all w^h w'h sundry other questions was comitted by this gen" court vnto those of the perticuler court, joyning to them elder Newman, 1647] NEW HAVEN COLONY RECORDS. 319 bro. Myles, Mr. Tiittle, Mr. Caffinch, Mr. Gilbert, Mr. Wack- [189] man, || W'" Preston, bro: Camfeild and Goodman Johnson, as a committee vnto whom all questions concerninge the sheep buisinese is refferred. In regard of a former order made concerninge the leaveing of some questions about a highway in Mr. Lambertons quar- ter, vnto bro. Wackman & bro. Antho. Thompson to issue, & their thoughts beinge that it will best, as they conceive, an- swere all the quarter if the highway runne through the midle of their lands. Goodm" Hitchcocke thinking his right too much to be intrenched vpon therby, besides some extreame inconveyniencjes to follow on him besides, the consideration & full determynation of all questions in that poynt was recom- mended vnto Mr. Malbon & Mr. Francis Newman, bro : Wack- man & bro. Thompson, and the quarters meetinge, and the said committee are to give notice when & where they will meete, & if any fayle of comminge, he shall pay 12^1 fine for his defect in none appearance, & also shalbe bownd to stand vnto what those that meete doe conclude of in the case. Bro: Andrewes was desired that himselfe & some others formerly deputed, would againe view the west bridge, that all further damadge may be seasonably prevented and the woike as soone as may bee (thats to be don,) finished. It was ordred that in the orders about watching, theise words be added, (that euery watchm'' must see & view the armes of every watchman that they be compleat,) w'^h is but the exposition of the former order. It was. propownded that men would cloare wood & stones from their pale sides, that the watchmen in darke nights mio-ht the more safely walke the rownds w^hout hurt thereby, & the orders about watching were read in court. Richard Osborne who had formerly given publicque offence by chardgeing the watchm'"s generally w*h disorderly sleepe- inge, neglect of their dutie in their trust committed to them, now made acknowledgement of his sinne in so chardgeino- them, whereas he is not able to prove any such miscarriado-e & perticulerly, to justifie himselfe had called Antho: Thomp- son into the court, & had chardged Mathew Camfeild & Mr. 320 NEW HAVEN COLONY RECOEDS. [1647 Tutle w^h neglects or sleepeiiig dureiiig the time they should have bin wakeing & attending their trust, w^h he was not able to prove against any of them, w'-li did satisfie. Bro: Mitchell & Goodm" Daighton request the court to be- stow a peice of spare grownd vpon them which lay betweene their howse lotts, with promise to mayntayne the highway be- fore their dores or howselotts & stopp the currant that now spoyleth the way. And the grant of the land w'h a view of the conveyniency of it to the towne & them with the incon- veyniences that may attend Goodman Buckingham was reffer- red vnto brother Ric^ Myles & bro : W'" Davis, & what they should doe therein the towne would allow of. The land to be devided in proportion to each as the committee see cause. It was ordred that the captayne w'h the rest of the mjlitary officers should see one Jn" Jackson, servant to Mr. John Wackman, & judge whether he be meete for exersise and watchings, considering that he is purblynd. At a Court held at Newhaven this 6th July, 1647. The Governo'" informed the court that it had bin above a tweluc month since Mr. Thomas Trowbridges howse & land had bin sould vnto Mr. Evance, & that therfore he had desired Mr. Evance to come to the court, none of the monneyes being yet paid. Mr. Evance answered that he received the land for country pay & also he bought in it refference to debts dew to him from some of the credito''s, who owed h'" monnyes. The Go'" told Mr. Evance that monnyes were due to the towne for the rates of y^ land 10' or vpwards, W^h must bee paid. Mr. Evance promised to see that dischardged, only said if the debt were demaunded, he would hope the court would doe h'" the lik right, that he may have whats dew to him from others, w'^h the court told him he should not fayle of. Whcrevpon Ric'^ Pery & Henry Gibbence were desired against the next court, to cleare the debts dew to them by good testimony. 1647] NEW HAVEN COLONY RECORDS. 321 [190] II John Hall informed the court that Mr. Wilks for- merly of this towne had promised to give his wife tcnn pownds if she should serve out her time w^h him w^h she did. And to prove that promise brought first Wi" Payne, who vpon oath affirmed, that the first time that he heard his M^ Wilks speake this was at Boston, on what grownds he knoweth not, that if his mayd would stay out her time, he would give her tenn pownds, & this hee heard him say often here before the ser- vants in the howse. Brigett Wilks vpon oath affirmed that she heard her vncle promise to give Goodye Hall ten pownds if shee served out her time. Sister Hall informed the court that she demaunded nothing of her mistris because her mistris told her her master would give her a portion. A difference betweene Mr. Francis Newman, Tho™ Mitchell and Goodman Dayton was presented to the court. Vpon the courts advize that 2 men might be chosen to end it, by con- sent Mr. Crayne & Goodman Myles wer chosen. Mr. Thorn Pell haveing attatched about 2001 of Mr. Zellicks goods, Mr. Pell & Mr. John Evance entred themselues as security to the court for ye damadges. Ambrosse Sutton for comminge too late at watch was com- playned off. But Mr. Crayne affirming day light was not in, & armes not viewed, nor the watch sett, it was passed by. Richard Osborne haveing satisfied the court & the watchm''s concerning his wronging them, desired his fine might be taken off, but it was respitted. W™ Blayden being warned to the court and not appearing, it was accounted a contempt. Brother David Atwater being absent from the watch one night was ordred to pay his fine. Also defective another time, but he layeing the fault on the m"" of the watch it was re- spitted. Mr. Henry Brunwin hath sould to Goodm^i W™ Judson, his dwelling howse, howse-lott, w h the orchard in it, & the barne that now is standing onn it, 37 acr of vpland w^h is his first devizion w^in 2 myle, w'h 7 acr. I. 24 rodd in the Necke, 21 41 322 NEW HAVEN COLONY KECORDS. [164T acr. of meddow, and 84 acres of ypland w^h is his second devis- ion, all his right in comons & oxe pasture & whatener hereafter shalbee a privelidge to his lott, together w4i a bedstead and triindlebedd, a paire of vallance & a peice of blew darnix, a malt-mill, a well biickett & chayne, two loads of clay brought hom, & the fence about the lott repayred, as ^ a bill of sayle appeard pi'sented in court. At a Court held at Newhaven Aug. 3*^, 1647. W'" Blayden warned for a contempt the last court, his an- swere was the could not not come because of the extreame payne he was vnder w^h satisfied. Also he was complayned of for late comming 2 Lords dayes, one day he heard not the drurae, and thother day he haveing wett the day before in the evening it rayninge, & he not able to mak a fier to dry his clothes, was forced to lye abedd the Lords day. For these defects his answere was vnsatisfying, & he fyned 2^ It was ordered that the next court he appeare to hold forth the sight of his sine in profanely neglecting to co"i to the ordynanses. Bro. Benham for his neglect in warninge David Atwater to watch was fined 5^ Mrs. Turners man absent from the watch one night was complayned onn, Mrs. Turner did answere that she had 2 oxen tooke hurt & were in danger to dye, & in attendance on them it proved the neglect of the watch, W^h satisfyed the court. Mihill Palmer was complayned of for absence one night from the watch, he answered he had provided & agreed Ric*! Osborne to watch all the yeare for him. Ric^ Osborne denyed any such agreem^ absolutlje made w'hout condicon, but ho being ill cou.ld not attended as in former seasons he had, & when he gave Mihil Palmer notice he was ill, did his indeauor to have gotten one to have watched but could not, wherevpon it was passed by. [191] II Mr. Whitman, elder at Milford, alyenated his 1647] NEW HAVEN COLONY RECORDS. 323 howseing, lands, & what right he either hath or may have hereafter in Newhaven, vnto Mr. John Bracey. Richard Osborne acknowledged that he had in a gennerall court chardged the my^ of the watches w^h that he could not prove, nor was true in itselfe, & by what was said in court he was convinsed of his sinne, & haveing satisfied the masters of the watches in a gennerall court his fine vppon his intreaty was rerhitted. Mr. Jno Bracey doth alyenat to Mr. Wackm" 21 acr. i & 20 rodd of meddow w^h lyeth in the west meddow, 10 acr^ beyond the river, wUiin the lynes of the quarter, & 11 ac. & 20 rodd to be layd out in Solitary Cove or Mr. Malbons med- dow as its cast. Also 19 ac. ^ of vpland, lyeing beyond the West River in the first devizion. And 164 ac. W^h is all his second devizion, v^'h all the allotemts & privelidges which shalbelong thereto. At a Court held at Newhaven the 7"' Sept. 1647. Sister Preston presented her husbands will & the inventory of his estate to the court to be entred.* * " The will of William Preston, made July 9, 1647. " I William Preston, a member of the chui-ch of New Haven, being upon my death bed as I conceave, through the blessing of God have my understanding and memory perfect as in tymes past, doe make and ordayne this my last will and testament, in manner and forme followinge. " To Joseph Alsops wife, my daughter, I give 20', or if her husband be willing to take 3 acres of land, lying in first devision by the sea side, and build and dwell there, he may. But if hee intend not to dwell there, the 20^ is all she can demande. My sonn Edward, I give him in the same lott before mentioned three acres of ground, if my wife see it may be a benefit to him to further him his way according to God, or els 20^ is all he can demand. To my sonne Danyell I give 20% and John is to have 20' when he comes to bee twenty yeares of adge ; and I give to my daughter Mary, 20% to be paid when she is nineteene years of age, and for the rest, where the time of payment is not mentioned, I leave it to my wife when she can conveniently pay it. As for Wm. Meakars wife, in that upon her marriadge and since I have given her is more than I can give to any of her brothers or sisters, yet I give her five shillings. As for the rest of my estate, which consists in house, lands and catties, moveable goods which I have here in New Haven, in New England, I give all to my wife for the brmging up of my children that God hath given mee by her, in consideration she was a means to bring mee and the rest to New England. I have an estate in Old Eng- 324 NEW HAVEN COLONY RECORDS. [1647 W"i Blayden contemptuously neglecting to bring his armes one Lordsday, made it his excuse, that being wett the last day of the week, & his clothes being wett & not haveing means to dry them as he said, came not to the exersise that Lordsday. The truth appeareing to be noe other then a profaine neglect- ing, yea dispising the ordynances of Christ through sloathful- nesse, wherevpon the judgment of the court was that he be publicquely whipped, as he is the first profanely breaking the Saboth, worshipping not God nor wayting for a blessing from him onn himselfe. Edward Parker being warned to the court for rates dew to the treasurer, some pt before he marryed the widdow, & some part since, Edw. Parker promjsed pay for what is dew since he marryed the widdow, in corne shortly e, & for that before John Potters death dew, it was respitted. W'» Pert was warned to the court for taking water-myllions one Lords day out of Mr. Hooks lott, & Mr. Hooke complayn- eth that he hath often bin abused this way, & since that time his orchard hath bin robd. W"> Ports answere was that his M"" sent him into the quar- ter & to see whether there were any hoggs w^hin the fence, & he was bidd by his M'' to bring ho"" a watter-milion w'h him, he being bidd to goe that way through Mr. Hooks lott, after the Saboth, he tooke 2 wattermilions, he said it was the first land, and for part of my house and land and other goods given by my father to my elder brother and myself, wherehi a foefmeut of law calling to councell and left in the hands of two foefecs, namely, Ui: William Lawsou and Mr. William Banke, to be kept in trust on our behalfe when wee should demand it, ourselves, heires, executors, admin- istrators or assignes, lying in Yorkeshire in a town called Giglesweke in Craven. This land and goods, what is of it, is to be devided into fouer parts, to be equally devided amongst the children Iliad by my former wife, as DanieU, Edward and John Preston, and my daughter Elizabeth, Sarali and JIary, and the fourth part I give to my wife, and for my son John, I leave him in the hands of Brother Roger Allen and Brother Thomas Munson, to place where they two shall thinke good to dispose of him, to such a calling, either by land or sea, as he shall like his calling and master. " To these former I set my hand, William Treston, as my owne act. Witnesse Roger Allen, Thom. Munson." Wm. Preston Dr. to Zachry Whitman i;iO, to Mr. Malbon £0, 7, 8, to Joseph Alsop £0 18 to Roger Allen £1, 5, to Bro: Wheeler £0, 6, to Isaac Whitehead £0, 5, 8, to Wm. Russell £0, 1, 6, to Mrs. Lamberton £0, 3, 9, to John Chidsey £0, 9. Wm. Preston is Cr. dew from Mr. AUerton £0, 6, 9, from John Clarke £0, 4, 10. Inventory taken 30th day of the 6th mouth 1647, by Mathew Gilbert, Joshuah At- watter, sum £65, 15. 1647] NEW HAVEN COLONY EECORDS. 325 act of his in this kind e of a sort. That the marchants did receive them, hee, the said Lawranc Warde, proues by his owne testimony and Mr. Harts hand, for he saith yt Mr. Malbon wished hime to deliuer them to Mr. Hart for them, and they did so, as Mr. Harts bill vnder his owne hand will showe. Mr. Malbon saith he remembers it not, but if hee did it was to doe them a kindnesse, because they were to goe out of the towne and might not knowe where to laye them. Further LaAvranc Warde saith that the feoffees, viz^, Mr. 1647] NEW HAVEN COLONY RECORDS. 33l Wakeman, Mr. Attwatter, Mr. Crane and Goodman Myles can saye something in this matter. Mr. Wakeman saith for the bargaine he can saye nothing, but a litle before Mr. Gregson went, some mottion was made to them the said feoffees to paye, w^h was verey strange to them, and thervpon they mett at the gouerners w'h the mar- chants, Goodman Warde was there and aleadged his want of paye, the marchants conceived it belonged to tlie feoffees to paye, but they thought it belonged to the rigging and could not consent to paye any thing towards them. In that meetting many speeches pased betwixt Mr. Lamberton and Goodman Warde, and as the said Mr. Wakeman remembreth, Good- man Warde said Mr. Lamberton and Mr. Gregson acted w*h hime, and minded Mr. Gregson of that speech w^h himc in Mr. Dauenports streette. Mr. Gregson seemed not to remem- ber it, thoughe hee denyed it not, but said w^hall that hee did it as a servic to y^ feoffees, these feoffees denyed y', thervpon Mr. Gregson seemed somewhat moved and said to the gou- erner, if they will not paye then I shall Icaue my share, but then I will liauc them in my or our custody and will bee payde before they passe. Richard Myles saith that Mr. Gregson said as hee vnderstood hime that hee should leaue inoughe heare to paye for the blockes and would take them into his owne custody and would bee satisfyed wUioute losse before they went, it was asked wheither it was vpon this ground that hee bespoke them, he said he could not tell. Mr. Attwatter saith hee can add nothing to what hath bine expressed. [195] II Mr. Crane said he tooke it vp that Mr. Gregson in- tended they should be payde for out of his owne estate, rather then the men should bee vnpayde. It was demaunded wheither Mr. Gregson in all these debates did saye or carye it as the companys agent, but they could not affeirm that, but Mr. Evanc said that Mr. Gregson ever denyed it. Lawranc Warde saith that his wife went to the gouerner for some cloth vpon this account, Goodey Myles being w^h her ; the gouerners answer was that hee had payde a some allreadie 332 NEW HAVEN COLONY RECORDS. [1647 for her brother, w^h was as miicli, for any thing hee knew, as his pt came to. Goodey Mylcs saith she went w'h Goodey Ward to ye gouerners, she dissiered some cloth, he said hee had not Ijiit for his owne vse, but for his pt hee had payde as much as his p' came to, it was asked if she knew vpon what account, she said jio. Goodey Wardc saith that the gouerner said he had payde as much as his share, but cannot saye that is was as a debt to her husband. The Gouerner answered, it is true Goodey Warde came to himc for some cloth, he tould her then, that for the blockes he had nothing to doe w'h them, nor did hee bespeake any, but if the feoffees would joyne, rather then they should bee vnpayde, hee would paye his pt; and for that he said hee had payde as much as his share, it was thus, Goodman Whelply threatening to put George Warde into y^ courte for a debte of 3' : 10^:, the governer wished liime first to gett a meeting of the feoffees to consider further of the blockes, others of them being from home, Mr. Crane only came, and w*h his consent the gouerner gave a note to Goodman Whelply for the 3': 10% and tooke the accquittanc in his owne and Mr. Cranes name, refusing vtterly to paye a penny but in a joynt way w'h the feoffees. This both Mr. Crane acknowledged and the acquittanc cleared. Further, Lawranc Warde saith that Mr. Goodyere sent for pt of these blockes & made vse of them. Mr. Goodyere saith that Mr. Fowler sent to hime to gett him on blocke w^h he wantted for his vessell ; he, the said Mr. Goodyere, tould them that came, he had no right more then another to them, yett the case being a case of neccssitie, he acknowledgeth he sent for on blocke, and Mr. Fowler promised to deliuer such another for it, for he had spoke to Goodman Ward for some. Captaine Astwood propounded that seing the case was diffi- culte, thcr wanting full evidenc on the plantilfs pt to cast the cause against the defendants, and yett it was fitt the poore men should bee payde for ther labour, tliat therfore the m'^chntfs and the feoffees, by consent, would joyntly put the whole case to a referenc Av'h the plan tiffs. The marchants expressed themselues willing, and the feoffees answered, that 1647] NEW HAVEN COLONY EECORDS. 333 as feoffes they knew not wheither they had power to doe it, but being searched into and it appearing they had, they ex- pressed themselues willing allso, and bothe the Wards expres- sed themseliies very willing. The matter being thus muttu- ally agreed they chose ther men, the marchants chose Cap- tainc Astwood, the "Wards Mr. Disbrowe, the feoffees Mr. Davenport ; so the suit being stoped, the cause was reffered to these 3, or any 2 of them to isue, by the consent of all pties. Mr. William Westerhouse dissires of the courte, (Mr. John Evanc being his interpreter,) that the three Du.ch men w^h are prissoners at this time, maye haue ther libbertie, and he and Mr. Samuell Goodanhouse will bee bound in a bond of a thousand Holland gilderes for thor appearanc. Answer was returned them from the court, that if the said Mr. William and Mr. Samuell would enter a recognesanc of a thousand gilderes, that these three men w^h are prissoners, all and every on of them shall be forthcommg att the courts call, they shall haue ther libbertie, and the said Mr. William and Mr. Samuell being both present, said they would bee so bound, whervpon the marshall had order from the courte, that before Mr. Evanc he should deliuer the three prissoners to them. Further, Mr. William Westerhouse, (Mr. Evanc inter- preter,) dissiered the courte to grant him an arest vpon that money w^h is in Mr. Goody eres hand, to be payde to y^ Duch gouerne'"*, vpon the consideration of his shipp being taken awaye ; the courte answered that ther was a fixed estate stoode ingadged for that money, and vnless a fixed estate can be put in for securetie to such a vallew as maye beare all damadge w^^li maye arise by such an arest, it cannot be granted. Mr. Pery passeth over 35 ac^ of vpland to John Clarke and Samuell Whithead, lying on end butting vpon the necke highway, the other end butting vpon the mill highwaye, be- * For the ship called the Zwoll, which the authorities of Fort Amsterdam had sold, Sept. 21, to Mr. Goodyear, and contracted to deliver at New Haven. Under pretext of conveymg the craft in safety, they put soldiers on board, and by their means seized Mr. Westerhuyzens ship, the St. Beninio, and carried it to New Amsterdam. O'Callaghan, N. N. ii. 48. 334 NEW HAVEN COLONY RECORDS. [1647 twixt tlic land of William Tuttill and the land of Fra: Newma. Mr. Peiy pasetli over to Richard Hull, 10 ac^ and halfe of vpland, w'"h lyes neare the mill, w*hin the two myle. [196] II Mr. Pery passeth ouer to Mf'^ Turner 14 ac'^ and a halfe of meddow, lying in the east meddowe, w^li is all that proportion w^h did belonge to his owne proper lott. Mr. Pery passeth ouer to Thomas Munson, 16 ac^ of vpland, w^h is on halfe of the second devission of land w^h belonged to that lott w^h was old M"s Eattons, lying on the other sid of the West River, behind the Yorkesheir quarter. Hee passeth over 16 ac" more of the same land, lying in the same place, to Thomas Moris. Mr. Pell being warned to the courte to answer for some ill returnes he sent to the generall courte when they sent to hime for his wives fine, wh, as the gouerne'' tould hime, rather held forth a contempt of the courte then otherwise, hee said he thought it not his debte, but it was tould him his wiues debts were his ; he said, the court cannot take what is mine. The gouerne'' said y*^ courte must consider that, he said it was a new thing to hime, he heard not of it, it was tould hime that was not likely, but hee must know of it, seing it was done in open courte, but if he had come to the court and given a fairc answer, something might have bine considered, but he said he dissiered to consider of it. The court gave hime a moneths time, and if he dissiered a copie of the proceedings of the courte, he might have it, payeing the secretarie for wrighting of it. The 16t'' of the 9''' moneth, William Andrewes jun'' was called before the gouerner, magistrats and deputies for the towne, and then was charged for the sinn of drunkennese the last weeke, w<^h thing he did not deney but confessed as hee needes must, tlier being severall wittnesses w^h sawe it ; as John Clarke, John Walker, his master Mr. Evanc ; this fact was considered. The gouerner tould hime he was Borey he was come before the courte againe for this miscariadge, seing he had Ijine fined one allreadie, cither for drunkennese or drinkmg and the cause of others being drunke, that now the 1647] NEW HAVEN COLONY RECORDS. 335 courte must thiiike of some other waye of punisliment, seing it seemes to bee a sinn rooted in him. The court considering these things sawe cause to agree that he should receive corporall punishment by whipping, for that was the proper punishment for such brutish sinns, but be- cause he was to goe awaye suddenly in his masters shipp, (maye be this night,) therfore the courte agreed that 5^ be depossitted as a fine laide vpon hime, for w^h 5' his master Mr. Evanc did vndertako, that hoe at his returne he maye be brought forth to the courte againe, and vpon good testimony of his Q-ood cariaa-e and behauiour the courte will consider of it. Att a Courte the 7''^ day of December 1647. The will of Nathaniel Draper* was deliucred into the courte l:»y William Russill, for Phillip Galpin, and being read was deliuercd to the secretaric to be recorded, w4i the testimony of Arthur Branuch and a bill from Mr. Leach of the wages due to the deceased Nathaniel Drapr, w^h is to be p^' by Mr. Pell. The gouerner acquainted the court that he heard that An- thony, the neager, his servant, gott some stronge watter, and hee heard that liee was drunke, therfore, because it was openly knowne, he thought it ncccssarie the matter should bee heard in the courte, whereas, had it bine keept w'liin the compase of his owne family, he might have given him family correction for it. Anthony saith he did goe to Mr. Evanc his house for some suger, and Mathew, his neager, asked hime to drinke, he did not refuse it, Mr. Evanc his neager pouered somewhat out of a * " Will of Nathaniel Draper made the 25ii. of the 2'' month 146'r." Gives to Phillip Galpine; all of the tobacco I have aboard of the barke Faulcon. Said Phillip to receive all his wages due to him from Thomas Pell for his service in this barke. — Acquits Elias Parkman of a bill of =£3. 6. 4. except 20^ that he gives to Heniy Rotherford. Witness, Arthur Branch. Affidavit of Arthur Branch before Mr. Edward Hopkins at Seabrooke the 1*^' of November 1647, that he witnessed the above will aboard the barke Faulcon, of New Haven, then riding near Rikatau in Virginia. 336 NEW HAVEN COLONY RECORDS. [1647 runlett and gaue it himc and went aAvaye, and he drimke, not knowing wliat it was, and after lice had drnnke hee was light in his head after hee came abroade. Mr. Evanc his neager saith, Anthony coming to their house he asked hime to drinke and poured out some strong watter w^h was in the bottome of a runlett into a pint pott and drunke to hime. It was asked hime, how many times Anthony drunke, hee said but one, but as hee conceiveth, at one hee dranke aboute the quantetie of 2 wine glasses. It was asked hime wheither he gaue it hime for beare, or tould him what it was, or wheither Anthony knew it was stronge watter, he said he could not tell. The courte considering that it is the first time they hauc heard any thing of Anthony this waye, and possibelly he might not know what he drunke till afterwardes, it being given him in such a vessel 1 as is vsed to drinke beare out of, and hope- ing it will bee a warning to hime for time to come, thought it fitt- and agreed not to inflict any publique corporall punish- ment for this time, but as the gouerners zeale and faithfuUnes hath appeared, (not conniving at sinn in his owne family,) so they leaue it to hime to give that correction w^h hee in his wisdome shall judge meete. [197] pif's Turner deliuered into the courte an inventorie of the estate left by her deceased husband, Mr. Nathaniel Turner*, w^h was read and deliuered to the secretaric to bee recorded. jVfris Turner and Mr. Pery chose Mr. Gibbard and Francis Newman to licare and end some differenc betwixt them aboute the payeing in of some pease, W^h Mrs. Turner was to paye in to Mr. Pery for some meddowe she bought of hime. * "An inventorie of tlie estate of Mi-. Nathaniel Turner." Amount, ^457. 7. 3. prised the 3J day of the lOu. month, 16^7, by Francis Newman and Richard Miles. Debtors, Thomas Meekes, £14. Samuel Hodgkins £5. Thomas Knovvles .£0. 18. Mrs. Gregson £1. 2. John Benham £0., 2. Benjamin Willraot £0. 9. Thomas Pell, WiUiam Andrewes for 3 hides. The estate of Mr. Nathaniel Turner is debtor To Mrs. Higginsons estate £28. 7. to Mr. Malbon £7. 9. to Mr. Gilbert £1. 10. to Roger Allen £1. 7. to Mr. Pery £7. 13. 6. to Mr. Allerton for wages to servants £2. to Mrs. Stollion £0. 12. 1647] NEW HAVEN COLONY EECORD^. 337 M'"'s Turner declared to the conrte that she conceives her husband made a will and left all hee had to her dispose, as two of her daughters can testifye the same. Rebecka Turner saith, that when her father was to goe awaye, her mother dis- siered hime to make a will, but hee answered that hee would make no will, but hee judged her faithfull and had found her faithfull, therfore left all to her and wished her to bee good to the chilldrcn, and wished the chilldren to beare wittness. Abi- gaile Turner testifyeth the same. Mr. Evanc declared to the courte that he had taken out an attachment for some goodes of Mr. Godfereyes, to the vallew of 41, but because he was to goe awaye and he was lothe to put hime to trouble, it was by his order only sorued vpon on hogs- head of pease, he, the said Mr. Evanc, being content to take some debtes of his hear for the rest, if it might be made goode, but now some of those debtes seeme not to bee good, and the hogvshead of pease is required by his order to carye to the Bar- badoes. The court tould hime that Mr, Godfery is not heare to answer for himsclfc, nor can any in the court answer for hime, but the attachment being for the hogshead of pease, if Mr. Evanc put in securetie to answer the damadge, he maye dispose of them, and Mr. Evanc promised to put in securetie. Steven Reekes, master of a vessell that came from the Bar- badoes, was called before the court to answer for some mis- cariadges of his on the Saljoth daye, viz'i : — that he, the said Steven, did, contrary to the law of God and of this place, hallo vp his sliipp to or towardes the nccke bridge vpon the Sabothe, which is a laboure proper for the six dayes, and not to be vndertaken on the Lords day. Mr. Reekes answered that their shipp laye on ground and had not flotted some dayes before, but that day the winde coming vp at the south- east, brought in a great tide, and then she flotted, and that all ye company did was but to keepe her of from runing on the banke or driving vpon her ancor, the shipp hauing neuer a boate to carie another ancor forth. Hee was toold they should have provided for that before, for it is y^ duty of all men to remem- ber the Saboth, and to provide so beforehand that nothing maye disturbe them vpon the Saboth, vnlesse it bee in cases of 43 338 NEW HAVEN COLONY RECORDS. [1647 mercy or workes of such ncccssitie as could not be provided for the day before nor staye till the day after. Mr. Larebe, a seaman l)elonging to the Phenix, was called before the courte, to answer to some miscariadges of his vpon the same Saboth, viz*^, that he, wUi some other company, went aboard the Phenix, and did workc not proper for that day, as hailing of the vesscll, and emptying some stones out of a can- now to help them in thatscrvic. Mr. Larebe replied, that hee conceived the worke was a worke of charitie, to preserve the vessell that it might not perish, for their was some danger of her ouer-setting ; besid, Mr. Pery came to hime himeselfe,and saide it was fitt some bodye should goe downe. Mr. Malbon saith that Mr. Pery was at his house, and he was speakeing of some danger the vessell might bee in, whervpon he wished his Sonne Pery to goe to Mr. Davenport and aske his advise. Hee did, and Mr. Davenport tould hime hee should leave it to Gods providence, the Saboth was a day of rest, and therfore hee ought to rest. Then Mr. Malbon wished hime to give order that nothinge should bee done, wli hee did, only on might goe downe and see what state the vessell was in, but that nothing, wUiout apparent necessitie, be done to her, yett Mr. Larebe, w'h diueres others, went and wrought, contrary to the lawc for the Saboth. The courte considered bothe these cases and finde them to be much alike, and considering the persons, that they are stran- gers, and thinking they did not doe it out of contempt, but ignorantly, they agreed for this time, (that they acknowledg- ing ther failings, and promising amendment for time to come,) to passe it by, but if any of our owne take libbertie heareby, the sentenc will bee heavier on them. Abraham Bell paseth ouer to Jobe Halle his wholle lott w'h was given hime by the towne. Mr. Rudderforde passeth ouer to William Ives 4 ac^ 1 quarter and 30 rode of vpland, of the first devission, w^hin the 2 mylc, lying on the further side of the West River, on both sides of a pec of lande called the club, on end abutting vpon the west meddowc. [196 Msl^ Theophilus Higenson passeth ouer to Christopher 1647] NEW HAVEN COLONY RECORDS. 339 Todd his house and home lott in Ncwhaven, containing lying betwixt the lott now William Judsons, and Mr. Tenches ; w'h 8 ac's and a halfe lying in the third devisson of that quarter, w^hin the 2 myle, on end abutting vpon the plaiues, w<=h is the cow pastuer, betwixt the land of ^ And 24 ac^ of land, if he haue so much, lying in the Necke, by the fenc side w^h goes downe to the meddow. On pec of meddowe lying next the 24 acers of land, lying for 5 ac" and a halfe, bee it more or lesse, w^h is all the meddowe Mr. Hig- enson hath remaining to himselfe at present ; and 20 ac'^ of land on the other side the West River, w^h is to lye amounge the smalle lotts. Mr. Gibbard and Francis Newman were chossen in courte by Mr. Caffinch and his brother Samuell, to heare, and if they can, isue some differenc betwixt them, aboute some land w^h is to bee devided betwixt them. James Hayivard entreth againest William Wooden an action of defamation, & declareth that the saide William Wooden, hauinge bine in the Baye and returned home heither to New- haven, hath reportted diveres things of hime, of his cariadge in the Baye, w^h are not true, but scandalous, and to his great wronge. As that he, the saide James, went'aboute w^h many lyes and vntruethes, and goeing aboute to cleare mat- teres concerninge a maide there, hee made them much worse. He saide hee had discovered himselfe to bee very false harted, and was perswaded he should neuer be received into the church againe, but if all was known y* he knew, they coulde not but banish hime oute of the cuntrye, and that hee had discovered a base frame of spirit when they lined at Captaine Turners together, w'^h things hee dissiered the saide William might bee called to answer for. William Wooden, being called to answer, saith, the things hee spake he heard Goodey Pery, mother of the maide whome James should have had, speake, onely hee denyeth that hee saide if all were knowne that hee knewe, hee deserved banish ment, but his wordes were, if all were true that he had heard. Richard Sparkes testify eth vpon oath, that he heard William Wooden saye, that James Haywarde was hollowe harted, and 340 NEW HAVEN COLONY RECORDS. [1647 dealt basely w'li hime at Captaine Turners, and that he went downe into the- Baye to cleare matters and made them worse, and if all knew that he knew, he would bee banished. And aboute Mr, Noris, that James gott a letter written, makeing Mr. Noris lieleiue he gaue the woman and maide satisfaction^ when hee did beleive ther was no such thing ; and that James saide a man could not haue a pare of shooes at Newhauen vnder 6% readie siluer ; and that he caried lyes from hcnc to the Baye, and brought lyes from thenc heither, and that this was on of the basest places he euer came in. Beniamen Hill saith, he heard William Wooden sayc James was hollowe harted, and if the church knew that hee heard, he would not bee received againe, and that he would bee ban- ished if all was true he heard, (or they knew as much as hee,) and that he dealt basely w'h hime at Captaine Turners, as in the margent. John Mascalle saith, that hee goeing into the Baye, went to Goodey Perys, the maids mother James should haue had, she asked hime howe James did, he said he thought bad inoughe, for ho was cast out of the church, she said for what, he said for being drunke, she and her daughter said he was much given that wayc Avhen hee was there. They said they thought to come heither, but James discouradged them, and this pas- adge she read in a letter, that they could not haue a pare of showes hear vnder 6% readie silver, nor diett vnder 5^ Q<^ a weeke, and that there was hardly any imployment for men. Aboute her daughter she saide, he gaue her no satisfaction, but went to Mr. Noris and w'h colouging wordes gott a letter. The court considering the premises, and seing ther is a letter spoken of w^h Goodey Pery hath of James his wrighting, in w^h, wheither ther be any thing to discover further guile in James, or any thing further to cleare the matter in hand, they are not yett cleare; therfore, the courte thinkes fitt to respitte it, only this they judge, that William Wooden hath spread these things in a defaming wave, and therfore must bee liound to attende the courte when they call for hime. Ther- fore it was propounded to James, if he was willing to respite it, he saide yea, so William putt in securetie ; therfore the 1647] NEW HAVEN COLONY RECORDS. 341 courte ordered that William putt in secure tie. After a small space of time, James Hay ward sertifyed the courte that he had receiued securetie of William Wooden for his appearanc, till the first of March next. The inventorie of the estate of Mr. Thomas Gregson de- ceased, was deliuered into the courte, and being viewed, was deliuered to the secretarie to be recorded.* Vpon a request from M^'s Lamberton, tlier is a monetliGs time given her to bring into the courte an inventorie of the estate her husband left. [197 bis'] II Harvie declareth, that aboutc a ycare agoe he propounded some termcs to Mr. Pell aboute some beavor, that is to saye, if Mr. Pell would procure hime beavor, he would dcliucr hime 20 or oQi worthe of goodcs into his hand, and it should remainc till shipps returned againc from England the next yeare, whervpon they came to some tcrmes of agreement, first they bargained for a cowe, then for hoggs. For the cowe he promised beavor w'-hout exception, her pric was 6'. For the hoggs hee would not absolutly ingadge himselfe for beavor, but if the bargaine went on, if hee payde not in beavor heare, he would paye in England, but if beavor came in, he should bee payde in that heare. And sine that time, Mr. Pell tould the saide Goodman Harvie, he had beavor for hime, and he being at Mr. Pells house, when his barke came from Dela- ware Baye, the beavor then coming into his house, he said he liad not sent his barke theither but for beavor for hime, and he said he thought he had gott so much as would paye hime ; but not longe after he, the said Goodman Harvie, came to re- ceive it, Mr. Pell said hee had it not, nor was hee ingadged to * " An inventorie of tlie estate of Mr. Thomas Gregson, talten the 2nd of the 9th month, 1647." Real estate £246. Personal estate £225, 19, 6. Debts £18, 7. Total £490, 6, 6, signed Mathew Gilbert, Richard Miles. The estate is Or. to Phillip Leeke £1, 7, to Burwood of Stratford £1, 5, to Adam Nicolls £1, 5, to an adventnre in the Snsan to Barbadoes £14, 2, to John Gregory £0, 8. The estate is Dr. to Mr. Stephen Goodyeare £6, to Mr. John Evance £3, 6, to Henry Lindolle £6, 5, 21, to the towne for rates £0, 7, 8, to the partable acco. of Mr. Stephen Goodyere and Mr. William Hawkines £40, 7, 2j, to Jlr. Davenport, £3, 4, to Mrs. Lamberton £3, 2, 11, to Mr. Malbon £2, 7, to Edward Wigglesworthe £10, 6, to Thomas Wheeler £1, 16, 5, to Mr. Butler £36, 4, 9, to Mr. Ling £10, to Mrs. Turner £1, 6, to several in smaller sums £1, 10, total £126, 3, 2. 342 NEW HAVEN COLONY RECORDS. [1647 paye beavor, and bide hime, the said plantiffe, prove that he was to give a bill for England. The plantiffe asked hime what paye he was to have, he said if he had gon to England, he would have given hime a bill. Mr. Attwattor saith, he heard Mr. Pell saye, if Goodman Harvic had gone himeselfe for England, he would haue given hime a bill out of curtesye. Mr. Evanc saith, he heard Mr. Pell saye, he was to provide beavor for Goodman Harvie, but in refferenc to the bargaine lie can saye nothinge. Mr. Pell answered, that for the cowe he did acknowlcdg beavor, but for the hoggs the trueth is, Goodman Harvie vrgcd hime to take them, he denyed it many times, but when hee brought them and they were killed, he then dcmaunded beavor or bills for England, at W^h Mr. Pell saith he wonder- ed, and denyed it, but, as a frend in curtesy, promised to doe what hee could, but no pertickular paye was expressed in the bargaine. Goodman Harvie saith he first made a punctiall bargaine before he brought his hoggs, that is to saye, 6i in beavor for a cowe, and porke at 3^ the pound, to the vallew of twenty pounds in beavor, or a Ijill for England, for some wampome he left at his house. Mr. Pell said it laye by as he brought it, and so he should haue it againe. Mr. Pell obiected against on of the hoggs w^h was miselled, w^h Goodman Harvie was willing to let goe at £'• a pound, w^h hogge waide about ^ Mr. Pell was asked wheither he had any more to saye, he said no, then the court proceeded to censure, but being devided in thei" apprehensions, would not isue it at that time, but after by an appeale by Goodman Harvie it was brought before the generall courte for the jurisdiction which then was sitting at Newhauen, and they, liauing heard the case, did incline to perswade the plantiffe and defendant to isue it themselues, so Goodman Harvie propounded to Mr. Pell, that if he would paye for the cowe presently in beavor, and for the hoggs in good marcliantable beavor at 8'^ the pound in June next, he would be content to staye, Mr. Pell giveing hime good secure- tie for it. This offer Mr. Pell accepted, so that the case isued 1647] NEW HAVEN COLONY RECORDS. 343 thus ; what is in Mr. Pells booke, as a just debte due to hime by Goodman Harvie, is to be deducted out of the debte for the cowe and porke ; 2^1 p i is to be allowed for the miselled hogge, for the r6st of the porke 3^, p ', and what remaines vpon this debte, the cowe being payde for in beavor presently, he is to haue in June next, in good marchantable beavor, at 8^ p i. The Gouerner tould Mr. Pell he was warned to bringe in the inventorie of his wives estate, left by her former husband ; he said he could not, because accounts was not nor coulde not yett be made vp, but he was tould he must bring it in as farr as it can goe; he dissiered time till the next court and he would doe it, and it was granted hime. Mr. Pell was asked for his wiues fine, he dissiered more lib- ertie to consider of it, the courte tould hime they conceived ther was forbearanc inoughe allreadie, but yett they granted hime libber tie till the next monthly courte. Mr. Evanc, for Mi^'^ Lamberton, declareth, that Mr. Pell, possesing the estate of Mr. Francis Brewster, by mariage of his wife, is debto"" to M"s Lamberton, 46^: 06»: 02'^, as appeares vpon account in M^'^ Lambertons booke. Mr. Pell said Mr. Brewster left behinde hime a bill of his debts, in w^h is Mr. Lamberton 3^ in his debte, beside they wear ptners in some goodes they bought together, but those accounts for ought he knowes are lost. Mr. Evanc saith it is true that ther was a ptable account betwixt them, w°h, as is conceived, was isued betwixt them before they went henc, beside this proper acc° now demaund- ed, and for that he offered proofe, first by Rogger Allen, whoe had pt of those goodes w^h were ptable betwixt them. Rogger Allen testifyeth vpon oatlie, that he bought some iorn and coales of Mr. Lamberton, in w^h he conceiveth Mr. Brewster had part, and thinkes he had some of them before they were emptyed. Mr. Lamberton sent for hime, and tould hime if he would take them together, he would gaine but a litle by them, he bought about 20^ worth of them, and was to paye in wheat. A little before the shipp went, Mr. Lamber- ton and Mr. Brewster demanded it, and Mr. Brewster thought much it was not payde, but this deponent could not gitt it in 344 NEW HAVEN COLONY RECORDS. [1647 time, and tlierfore toiild hime he would allowe whateuer damadge liee susteined for want of due payement, so they had .[198] a meeting aboute the ace" at Mr. Laml)ertons, || and they appointed this deponent to come, whoe was ther as he coceives, more then one or twic, at last the reckoning was agreed, and they together demaunded damadge for 10', not payde in time, and they had it, so wee isued. After this time, Mr. Brewster spake no more for the wheat, thoughe he had bine very earnest for it before, nor did he, after this, offer the remaining pt of the coales, thoughe before he had, but this deponent conceiveth that that day they went awaye, he was at Mr. Lambertons, and vpon speech of the debte, Mr. Lamberton tould hime he must paye it to his wife, for so it is agreed, saide hee, in makeing vp our accounts, and for the rest of the coales, saide hee, I would faine haue the take them, and I will take paye for them in England, of yo'' father. Mr is Lingo testifyeth that they being to by some things of Mr. Brewster, they dissiercd Mr. Lamberton to paye hime, w'^h he sayd he would doe, but they hearing Mr. Brewster complaining of the badness of the paye of this place, fearing least it should be offeucive to hime, they went and payd hime themsclues in mault, and after, told Mr. Lamberton they had satisfy ed hime for those things he was to paye for for them, Mr. Lamberton said he was sorie, for he had accounted w^h Mr. Brewster, and Mr. Brewster was in his debte. Mr. Evanc further, to proue the proper debte, (beside the booke vnder Mr. Lambertons hand produced in courte,) offered the testimony of Phillip Leake, and of Mary ^ , w'^h was Mr. Lambertons servant. Phillip Leekc testifyeth vpon oath, that Mr. Lamberton and Mr. Brewster ])eing at his house, as he takes it that day ca.\> taine Turner went aboard to goe awaye, he heard Mr. Lam- berton sayc Mr. Brewster owed hime 45', and he heard Mr. Brewster make no replie against it. Mary ^ , saith that the Lords day at night, before her master went awaye, liauing sate vp late to cast vp the accounts, she heard hime saye that Mr. Brewster owed hime 45', beside the cordadge. 1647] NEW HAVEN COLONY RECORDS. 345 Mr. Pell obiected against some coate beavor at 12s p i^ w°h was Ijrought to 10^, and against some turtle shells at S", w^^h was allso brought to 7^ : 6'^ p ', and ther was halfc a quarter of beefe, y^ waight not knowne, W^h was rated at 10% so that the debte is brought to 44', 17% 08''. Mr. Evanc was asked if he had any more to saye, he an- swered, for the cordadge and stufe, he conceived it is cleared to the courte, for the stufe was returned and the cordadge en- tered vpon ace". The ptable acc^ he conceiveth is cleared l)y Rogger Allen and M''^ Lingo, and the proper acco by Phillip Leeke and Mary ^ . And by the Ijooke w^h. is pro- duced. Mr. Pell was asked if he had any more to saye, he spake of the cordadge, and passadg of a maid, and some wine ; he was told that what appeared to bo justly due to hime must be allowed. Bothe pties liauing had libbertie to saye as much as the would to the case, the courte proceeded to judgment, w^^h is this ; that they judge that the ptable acc" was cleared, and for the debte demaunded of Mr. Pell by M^is Lamberton, 44': 17«: 08^', hath bine proved, and must be payde to M'"'« Lam- berton by Mr. Pell, provided, that what dcbtcs Mr. Pell makes appeare to be oweing to hime, must be deducted. Richard Beech dissiered of the courte that he miglit, till further order, retaine in his hands the estate of William lies, deceased ; but he being not fitted to give in sufficient secure- tie, it was respited till another courte. John Meges declareth that at two severall times or agree- ments, he bargained with Henery Gregory of Stratford to make 14 dosson of shooes, and was to give hime 12^ a pare for makeing them, carying them to hime readie cutt out. That he payde 48^ of this before hand, and 6' more he was to haue when he had done halfe the worke. He was to doe it well and sufficiently. That Goodman Gregory hath made 13 dosson of them, but they are all naught and fall in peces, some in a weeks, some in 14 dayes time, so that the plantiffe is damadged both in his name and estate. In his name, bothe at Connecti- cote, Long Island, Totoket, Guilford, Stratford, Farefeild, they 44 346 NEW HAVEN COLONY RECORDS. [1647 all cry out, and some tliinke the plantiffe worthy to be putt in prisson. And by reasson of it he further saith, he hatlie bine forced to breake ingadgments w^h Mr. Evanc, whoe should haue received 30^ worth of this ware, and he turned it backe as vnmarchantable, and what damadge will come fur- ther, he knoweth not. Beside it hath hindered hime in his trade to his great damadge, he being on that deales w^h many people, they haue shuned to by any ware of hime. The plan- tiffe further saith that Goodman Gregory hath not onely made the ware badely, but hath spoyled the leather by layeing them [199] in the sand || that some of them are rotten, they were ptly coucrcd w^liin and w^hout, and the pttye that fetched them was faine to washo them to make them cleane. Further he hath altered the propertic of the ware, for whereas he should haue made some wooden heeles, and had wherw^hall to doe it, he made them plaine, and by that is Mr. Evanc dis- apointed allso ; and some of them he hath made a size shorter then he should, and some of the 9, marked them w^i the 10. He complained for a last I sent hime one, yett he made them as he did before. Lastly the plautiffc saith, it is to his hin- dranc that he hath laide out this money so longe before hand. Henery Gregory, the deffendant, saith, that he received a hide from John Meges at 48^ pric, for which hide he was to make hime 4 dosson of shooes w^h came to 48^ ; pt of this he did before the other bargaine, and he sawe the ware and ac- cepted-it, and Mr. Evanc tooke it as currant and good, but it proved not so. The plantiffe seing this ware, agreed for the rest, but liee, this deffendant, before the agreement, told the plantiffe he would make no more of such leather. The plan- tiffe promised bothe better leather, and to procure hempe from Connecticote to sow the showes wt^li, but did not performe ac- cordingly, so that the deffendant was forced to buy flax at 18'' p', and sowed them w*h flax. The plantiffe bringing more worke, the deffendant saith he told hime the bargaine was to carye away that was done, he said it laye better then he could laye it, so left some of it till the 3*'' or 4"' of Nouember. The deffendant minded hime of his promise to bringe better leather, & told hime, tlii$ is as bad or worse then the first, that if he 1647] NEW HAVEN COLONY RECORDS. 347 had not better leather he would doe no more, and added, it is pittie but the tanner should be hanged w^h tanned it, for he cossens the cuntrye, but he said it was not the tanners fault alltogether, he the plantiffe was faine because of Mr. Evanc his hast, to take it out when neither the tanner nor himselfe could tell wheither it was tanned inoughe or no. The deffendant dissiered to haue hemp, the plantiffe said that thred would last as longe as the leather ; so this deffendant went on and did the worke, all but on dosson, but he neglected to fetch them awaye. Some leather the plantiffe, or some for hime, left at Moses Wheelers, w^li his wife tooke vp & rent the graine from the flesh, and some of the leather is to be scene in the towne at Mr. Evanc his house. The defendant saith further yt he tooke out y^ best pare of shooes he could pickc out of the first 4 dosson ; Mr. Blackmans sonn had them, and in a short time they tare out in the whole leather. For make- ing the showes lesse then they were cutt out, it was because they were marked by hime more then they would reach, for some w°h was to be made vp of y° tens, would not reach a nynes last, but would teare, they were so little and the Icatlier so bad. And for markeing them longer then they were made, it was because he sent me word that I should marke them as he had marked them ; and secondly, he sent me a last of the tenns, w^h was not of y^ tenns. The deffendant furtlier saith, that he lost 15 weekes time by the negligenc of John Meges, for want of worke, contrary to agreement, as appeares in the wrighting. And for makeing the wooden heeles shooes other- wise then hee appointed, it was because the deffendant was faine to take those rands to make welts for the plaine shooes. For this the court blamed hime, telling hime he should have forl3ornc makeing them till he had bine supplyed wUi matteri- alls, but Goodman Meges saith he sent welts w'h all the shooes he sent. The plantiffe and deffendant hauing spooken, wittneses were called and examined. Jonathan Sargant testifyeth vpon oath, taken before the gouerner, the 22th of October 1G47, that he buying a pare of russitt shooes, clossed in the inside at the side seamcs, of Good- 348 NEW HAVEN COLONY RECOEDS. [1647 man Megs, he wore them at the first 2 or 3 times to a neigh- bours house, but did not, that he knowes, then wett the soales of them ; secondly he wore them one at the meeting, being aboute 40 rode ; 3«'iy he wore them one more to the meeting ; tliat night he walked downe to y^ watter side, aboute 60 rod from his house, and then he brought home y^ soales of on of his shooes in his hand, and the other lose, readie to fall of; then he gott them sowed againe, and wore them now and then, but not constantly, for aweeke or a fortnight, then theinsoales and outsoales and all fell from the vper leather ; he cannot remember that he wore them any more then this. Thomas Whitewaye dothe testifye vpon oath, that he bought a pare of russit shooes of Goodman Meges of Ncwhauen, clossed in the inside at the side seames ; he wore them 3 or 4 dayes and then the out soales ripped, then he sowed them againe and wore them 3 or 4 dayes more, and the insoales, welts and all came of, then he sowed them together againe, and shortly after the vppcr leather, seames, heeles and sides ripped, so as that they would not hange vpon his feete, the vper leathers being not broken, nor the out soales so much as broken at the toes, insomuch that this deponent said, bethought it was fitt Goodman Megs should be putt in prisson for so coussining the cuntery, and he doth expect sattisfaction from Goodman Meges. [200] IJJohn Parmelc of Guilford tcstifyeth vpon oath, taken before Mr. Disbrowc, the first of Nouember, 1647, that he bought a pare of shooes w°h came from Goodman Meges of Ncwhauen, russet, clossed in the insides at the side seames, and that wearing them but 6 dayes, or 7 dayes at the mostc, the soales ripped from the vper leathers. Samuell Netelton of Totokett doth testifye vpon oathe, taken before the gouerner, the 4"' day of Nouember 1647, that he bought a pare of shooes of Goodman Meges of New- haven, russed, clossed in the inside at the side seames, for his wife, she put them on on the Lords day, and the next third day morning they wearc rii)ped, the soales being good, neither shrankc nor hornie that I could perceive. And he allso testi- 1647] NEW HAVEN COLONY RECORDS. 349 fyed that for and in consideration of satisfaction from Good- man Megs, he expecteth a new pare. Marke Meges testifyeth vpon oatli, taken before the gouer- ner, tlie IG^h of Nouember 1647, that he being at Stratford to fetch home the shooes that were made by Henry Gregory for Jn'' Meges, he found "the shooes lying in the sand, many of them being ptly couered w'^h tlie sand, bothe w^hin and w^i- oiite, so that he was forced to take awaye the sand with his hands to come at them, and handed them to Ralphe Loines, whoe handed them to old Gregory, whoe washed them in wat- ter to wash awaye the sand and filthe from them. Allso he testifyeth that he seing the old man worke wUi a very great aule and a small thred, w^h very litle wax, blamed hime for it. That at that time they left some behinde that were not made. Other testimonies were dclinered in wrighting to the coiirte to the same purpose, but not vpon oathe. Goodman Gregory pleaded that it was the badnese of the leather w^h was the cause of the shooes ripping and falling apeces, for the leather was hornie and not tanned. The court bad Goodman Gregory prove that. Mr. Evanc saith that being at Mr. Blackemans, they had speech of these shooes. M''^ Blackman said that after 2 or 3 dayes wereing, the leather was like flaps of a shoulder of mutton ; and Mr. Evanc further saith that he sold shooes of these to a ptie himselfe, and the leather was so bad that the ptie would not have them. Mr. Blackman saith that his sonn had a pare of shooes of these, w*=h he thinkes lasted not abouo 3 weekes, then they Ijroke in the whole leather, and another pare of shooes mended for another of his sonns w'li some of that leather, w'h in on dayes wereing, being wett, was spoyled. Juda Gregory testifyeth vpon oath, that he looked vpon pt of the leather w^h his father was to worke of Goodman Meges, and some of it was so hornie that according to his judgment, no man could make shooes to pase his word^ on them to hold. Allso shooes so tainted, thoughe they might seeme to l)e tanned, yet they would not hold that a man was 360 NEW HAVEN COLONY RECORDS. [1647 able to jiistifye hiinselfe or the leather in it. Allso that his father complained to hime, this deponent, and himselfe sawe shooes of the tenns marked for eleuens, that l)y a size he conld not so we tliem either for credite to himselfe or proffitt to the cuntery. Allso that Goodman Royes showed hime shooes he made for Goodman Meges and he could not last them, hut was faine to sett them on a last a size shorter then Goodman Meges would haue them made. Allso that Goodman Meges would have had this deponent wrought, but he sawe the lether so bad that if he neuer wrought more he would not worke it, in regard of the vncomfortablnese to worke, because it was hornie, and so litle that it would not come together, and be- cause it would be a wronge to the cuntery. Further he saith that Goodman Royes told hime that he complained to Good- man Meges of cutting his shooes so litle, he stranged at it, but Royes told hime he lost by cutting his soales so bige and his vper leather so litle, but Goodman Meges said he did not vse to doe so. For the lying of the shooes in the sand, this de- ponent saith he tooke a pcell, pare by pare, from the place where those laye that Marke Meges fetched away, and they laye, in his aprehension, w^hout any damadge, w^hout any sand in any pare that he couldc disccrne, thoughe he cannot saye they were the same pcell that Marke Meges fetched awaye, thoughe it was aboute that time. [201] II Moses Wheeler testifyeth vpon oath, taken before Captainc Astwoode, the 30'^ of Nouember 1647, that Good- man Meges his man left some leather at his house for Good- man Gregory, and the next day his wife tooke vp some of it in her hand and said she thought it was tainted, and pulling it betweene her hands it did teare w'h ease, and this he heard & sawe. Further he saith he heard Goodman Gregory saye at on time, (1)ut wheither at y^ time before mentioned he can- not tell,) that he was sicke of that leather, and that he should neuer have credit of it for his worke, nor they profitt that should weare it, and further he saith, that he speaking w'h Goodman Gregory aboute a pare of shooes, he answered it was not fitt to were in this cuntery, for it was to be caryed out of the cuntery, and that he durst not pase his word vpon it. 1647] NEW HAVEN COLONY RECORDS. 351 The wife of William Crooker testifyeth vpon oatlie, taken before Captaine Astwoode, the SO'ii of Nouembcr 1647, that when Goodman Mcges came for the shooes, he sawe tliem lye vpon a sandye bench in the sellar, and he said he liked the lying of them very Avell, saying to her ftither he could not laye them better. And her father finding fault with the liorny- nesse of the leather, that the flax would not hold it, Good- man Megcs answered that the next weeke he would goe to Connecticotc and gett himc hemi)e, but he said he thought the flax would last as longe as that leather, but after Goodman Meges was gon, and delaied to fetch awaye the shooes, her father wiped them w% a cloth, and tooke some clapbords and other things, and laide vnder them. And further she saith, her father blamed the tanner for the leather not being well tanned, Goodman Mcges answered he could not l)lame the tanner so much, for he Avas faine to take it oute l»efore it was tanned. She saith further, she sawe it tcare in jjeces when her father put it vpon the last, and on shooe her father was faine to pece on the side. The court having heard these things on bothe sides did thinke there was a fault in bothe, and that the cuntery was much wronged in this wayc, therfore they were willing to call in some workemen, bothe shoemakers and tanners, that they might see it and judge whose the fault was, and so give into the courte what light they coulde. To this ppose, some of the shooes thus made was brought from Mr. Evanc, w^h were some of the best of them, and the court called and dissiered Leivtenant Seely, Goodman Dayton, Goodman Groue of Mill- ford, shoemakers, and Goodman Osborn and Seriant Jeflery, tanners, to take those shooes aside and veiwe them well, and if ther be cause, ripe some of them, that they maye give into the courte according to ther best light, the cause of this damadge. They did so, and returned this answer, Leivtenant speaking in the name of the rest. Wee aprehend this, that the leather is very l^ad, not tanned, nor fitt to be sold for ser- vicable leather, but it wrongs the cuntry, nor can a man make good worke of a great deale of it. And wee find the worke- manship bad allso, first ther is not sufficient stufe put in the 362 NEW HAVEN COLONY RECORDS. [1647 thred, and instead of hemp it is flax, and the stiches are two longe, and the threds not drawnc home, and ther wants wax on the thred, the aule is to bige for the thred. We ordinarily put in 7 threds, and hear is but 5 ; so that according to our best light wee laye the cause l^otlie vpon the workemanship and the badnesse of the leather. Goodman Gregory, vpo this testimony, seemed to 1)0 con- vinced that he had not done his pt, but then laide the fault on Goodman Meges, that he was the more slight in it thourough his incouradgment, whoc said to liime flap them vp, they are to goe farr inoughe. William Hooke juni' testifycth vpon oath, that he clearly rememl)reth Goodman Gregory was makeing 2 pare of shooes in their shopp, Goodman Meges came in in the meane time, and he said to Goodman Gregory, flapp them vp together, they are to goe farr inoughe. John Gregorie testifyeth vpon oathe, that Goodman Meges said, flapp them vp together, they are to goe farr inoughe, this was aboute the beginng of the last bargaine, w^li was for the 10 dosson. Concerning the 15 weekcs tunc, W^^^h Goodman Gregory demaunds damadge for, that is to sayc, from July to Nouem- ber, it did appeare by Goodwife Meges her testimony in court, that she, from her husband, told Goodman Gregory at the faire in September, that her husband was discouradged to send himc any more worke l)ecause his worke was naught, thoughe hee had more worke readie cutt out. John Gregory saith, that aboute the time of the bargaine he gaue Goodman Meges some cautions, because his father was old and his eyesight failed hime, and he durst not imploye himc himeselfe, for he could not doe as he had done. Mr. Evanc was asked the cause why he turned the shooes vpon Goodman Meges his hand, he said the maine rcasson was the badnesse of the leather, thoughe he allso excepted against the workemanship. Goodman Meges was called to propound his damadge, he instanced first in his name, 2diy damadge to Mr. Evanc, 3^"y 1647] NEW HAVEN COLONY EECORDS, 353 his ware being turned vpon his hand, 4'ib' hindranc in his trade, 5'^b' money payde severall men for satisfaction. [202] II The plautiffe and deffendant professing, vpon the courts demaund,that they had no more to saye, and the courte considering the case as it had bine presented, deljated and proved, found tliem bothe faultie. Goodman Gregory liad transgresed rules of righteousnes, both in refferenc to the cuntery and to Goodman Meges, thoughe his fault to Good- man Meges is the more excuseable, because of that incourage- ment Goodman Meges gaue hime to be slight in his workeman- shipp, thoughe he should not have taken any incouragement to doe evill, should haue complained to some magistrate, and not have wrought such Icatlier in such a manner into shooes, by w°h the cuntery, or whosoeuer weares them, must be deceived. But the greater fault and guilt lyes vpon John Meges for putting such vntanned, horny, vnservicable leather into shooes, & for . incourageing Goodman Gregory to slight workemanshipp, vpon a motive that the shooes were to goe farr inoughe, as if rules of righteousnes reached not other places & cuntryes. The Court proceeded to sentenc, and ordred Goodman Meges to paye 10' as'a line to the jurisdiction, w'h satisfaction to every perticuler person, as damadge shall ho required and proved. And further the court ordered that none of the faul- tie shooes be carved out of the jurisdiction, to deceive men, the shooes deserving rather to be burnt then sould if ther had bine a lawe to that purpose ; yett in the jurisdiction they maye be sould, but then only as deccitfull ware, and the l)uyer maye knowe them to be such. They ordered allso Goodman Gregory, for his slight, faultie workmanshipp and fellowshipp in the deceipt, to paye 5^ as a fine to the jurisdiction, and to paye the charges of the courte, and that he require nothing of Goodman Meges for his lose of time in this worke, wheither it were more or lesse ; and the court thought themselues speed- ily called and seriously to consider how these deceipts maye be, for time to come, prevented or duely punished. 45 354 NEW HAVEN COLONY RECORDS. [1647 A Generall Court the 18t'» of October 1647. Mr. Wakeman, Francis Newman were chossen deputies fo the jurisdiction generall courte. Mr. Gibbard, Mr. Crane, Jn" Gibbs, Francis Newman chos- sen deputies for the plantation courte of Newhaven. Francis Newman chossen secretarie for Newhaven for y*' next yeare. Thomas Kimberlie chossen marshall for the next year for the towne of Newhaven. Brother Pery had libbertie to depart the courte, to goo aboate the Phenix. The Gouerner one againe dissiered that the colledg corne, w^li is yett behinde of the last yeare, might be caryed in to the collocto'"'' ; hee allso propounded that seing corne is now more plentifull then in the sumer, that therfore now collecto'"^ might be chossen to gather it for the next yeare, but it was respited to another courte, that so the former collecto''^ might finish their worke. The Gouerner, magistrats and deputies, w^h Mr. Evanc and Mr. Wakeman, were chossen to audite the treasurers accounts for the year past. John Brockett was chossen veiwerfor the fenc of Mr. Lam- bortons quartr, w'h Henery Lendall for this pt of the yeare ensuing, in the roome of William Preston deceased. Mr. Evanc made a propossition to the courte that seamen might be freed from watching and trayning, and gaue in the names of sundry into the courte, but seing it is now nearc win- ter, wlierin watchings and traynings cease in their ordinarie course, the courte thought fitt therfore to respite it for this time. Mr. Evanc had libertie to depart the courte. The Gouerner acquainted the courte that vpon notice of the generall courts order to staye the Duch shipp* w^li was * This was the St. Beiiinio, which the Dutch, claiming to be a smuggler, by a strat- agem seized and cut out of the harbour, on a Sunday, and carried to New Amster- dam, where the vessell and cargo were confiscated. O'Callaghan, N. Netherlands, ii, 45. Brodhead, i, 479. Kec. U. Col. s«A anno ^G4S. 1647] NEW HAVEN COLONY RECORDS. 355 seized and caryed out of this liarboiire by the Duch, the Duch gouerner hath sent a letter and a protest against Newhaven for it, professing he will have controversie only w^h Newhauen, and requiers us to send the three prissoners and the Duch marchants and their goods, to them to the Mannatoes, w'h some threatening speeches if wee doe not. He acquainted the courte allso wUi the answer* he had sent, as allso wUi another letter since received by the fiscalle, more mildc in phrase, but still continewing his title to the place, and send- ing for the prissoners ; but seing he wrights so that if the sending of them maye be interpreted as done in a waye of subordination, it was not thought fitt to send them. The gou- erner therfore dissiered the courte to consider what shall be done. Further, the 3 Puchmen w'^h dissier to be planters, vizd, Mr. William Westerhouse, Mr. Sam: Goodanhouse, Mr. Henery ^ dissire to knowe wheither the towne will protect them or no, that they maye knowe howe to dispose of themselues. Further, he propounded to the courts considera- tion, how safe it maye be for vessells to pase by the Manna- toes till these questions be cleared, and wheither wee be not called to make some slight workes, and plant some gunns for the townes present defenc against small vessells, w^h w'h ther gunns maye possiblely hurt the towne if no provission be made to keepe them of. [203] II The things being many, the courte agreed that a committe be chossen to consider & proceed therin as they see cause, and by the generall consent and vote, the pticulr courte for Newhaven, calling to them Mr. Evanc, Mr. Wakeman and Leivtenant Seely, had full power granted to them to consult, consider and conclude, bothe concerning receiving and pro- tecting the Duchmen, w'h all matters aboute fortify cation, the place and manner, w'h all other things therto belonging. It is ordered that this October rate bee forthw'h payde. ♦Appendix, B. C, D. 366 NEW HAVEN COLONY RECORDS. [1647 A COURTE THE 4tl» DAY OF JANUARY 1647. Mr. Pell, Mrs. Lamberton, Francis Hall, John Tompsou, Mathias Hitclicocke, Richard Beech, being all warned season- ably, made no appearanc, thoughe the court satt a good space of time. The court gave order that they should be warned to the next courte, to answer for this neglecte. A Generall Courte the ol^'' of January 1647. The orders of the Jurisdiction Generall Courte were pub- lished and vpon the gouerners proposition the courte chose Leivtcnant Seely and Robert Preston to veiwe and scale leather according to the tennour of that order, to whom an oath was given that they should, according to the best light they haue, discharge the trust committed to them in sealing leather, according to the jurisdiction generall courts order. And further, this courte ordered that calucs skines, deares skines, goats skines, \y^\\ are fully tanned, should be sealed, (seing they maye serve well for vper leather for some sliooes,) and that the rate of sealing l)e 4^^ a hide, and 2^ a skine, and that the scale for the best, w^^^h is fully tanned, be N : G : and for that w^h is faultie, N F : and, if the sealers be both in towne, they are to be together when they scale, but in case on of them is out of towne, or otherwayes justly hindred, then on of them maye scale notw^hstanding, and the sealers, for the better informing themselues wheither the hides or skines 1)0 fully tanned or no, haue lil)ertie to cutt them in such places as they see meete, provided they make not spoyle of y^ leather. And scing the shooemakers haue libertie to make slioocs, not onely of neats leather, but the vper leathers of some of calues leather, or deares, or goates, being fully tanned and sealed, and seing ther is «great differenc in the goodnesse of these shooes, that the buyer lie not deceived, the court ordered that every shoemaker in this towne marke all those shooes he makes of neats leather, before he sell them, w^h an 1647] NEW HAVEN COLONY EECOEDS. 357 N : vpoii the lap wthiiiside, belowe the place where they be tyed, and for failing hearin, they shall suffer such punishment as the perticuler courte shall judge meete. It was propounded to the shooemakers, that seing hides are now neare as cheape as ordinarily they a];e in England, that shooes might be sould more reasonable then they have bine, and the shooemakers promised they would consider of it. The gouerner acquainted the courte that those whome they appointed to audite the treasurers accounts have done it, and see cause to propound to the court that a new rate be now granted, for defraying necessisary charges for the towne, and to paye the rate levied vpon the towne for the jurisdiction ; and after some debate the courte ordered that next Aprill rate and on halfe ycarcs rate extraordinaric l)c forthw^li payde. The 4 deputies were chosen by the court to joyne w'h the treasurer in setting out publiquc workes to be done for the towne, to see that they maye be don substantially, and w'h as litle charge to the towne as maye be, and they are to call in what workemen they please for advise. The bridge above the brickills in the way to Connccticote is to be caryed on w^i as mvich speed as maye be. It was propounded to consideration wheither it be fitt for the towne to allowe 8' a yeare to the drumer ; the court and the military officers were dissiered to speakc w^i the drumer, and see if his sollarie might not be lessc. William Andrewes was dissiered to take care that the meet- ing-house dores maye be made safe, in hanging them wUi such irones and such lockes and bolts as they may be stronge and secure, and that the floure above might be laid forthw'h. It was propounded to the court, that seeing William An- drewes, whoe hath kept the ordinarie, is aboute, or hath laide it downe, that therfore some other might be found to doe it, that so strangers might knowe wheither to goe to be refreshed, but the court againe propounded it to William Andrewes to see if he would not still keepe it, he answered he would con- sider of it and in a short time give in his answer to the mag- istrats. Those that were behinde in payement of their colledge corne 358 NEW HAVEN COLONY RECORDS. [1647 were dissicrecl to carlo it in to the scvcrall collecto'"''. Col- lecto'--* chosseii to gather the collcdgc conic for this ycarc, arc Anthony Tompson and Rogger Allen. John Gregory propounded to the courte, that a good while sine their was a pare of shoocs spake of in courte w^h he sould William Paine, of the tenns, French falls, at 5^ 10*i, at w'h their was some offcnc taken, and he condemes himselfe that he hath lett it lye so longe vncleared, but now he pre- sented a noat in courte W^h showed the perticulers howe they did amount to so much, vndcr two shooemakers hands, Init the court professed they could not see cause shooes should be sould at this rate. [204] II It was propounded to the courte to consider wheither it were not meete to make a lawe for restraining of persons from their ordinarie outward imployments vpon any pt of the Saboth, and the rather because some have of late taken two much libertie that way, and have bine called to answer for it in the perticuler courte. The courte considering that it is their duty to doe the best they can that the lawe of God maye be strictly observed, did therfore order that whoesoeuer shall, w'hin this plantation, breake the Saboth by doeing any of their ordinarie outward occaisons, from sun sett to sunn sett, either vpon the land or vpon the watter, extraordinarie cases, workes of mercy and necessetie being exceptted, he shall bee counted an offender, and shall suffer such punishment as the perticuler caurte shall judge meete, according to the nature of his offcnc. It is ordered that no man shall fall any tree or trees w'hin the boundes of the common of this towne, w'hout leaue from some magistrate, and then he shall haue but for his perticuler trade or necessarie vse, and haueing cut it downe, iff he doe not make vse of it wthin the compase of 14 dayes it shall be forfeite to hime that shall come to the magistrate and aske & have leaue for it. It was propounded that a causwayc might be made from Mr. Perys corner to the meeting-house, but it was respited. 1647] NEW HAVEN COLONY EECORDS. 359 A COUETE THE FIRST DAY OF FeBURARIE 1647. Richard Chadwell liavcing had an attachment vpon three hogsheads of siiger of Robrt Persons, and claimes a right in his house and other estate, to make good the transportation of what goods Richard Chadwell is to haue from Sandwich and some other demaundes, in w^h things he craved the help of the courte. The courte tould hime they mayo not trye and issue a cause of such valew, it must be reffered to the courte of magistrats, l)ut they will see that the goodes attached maye be secured and preserved from damadge as much as maye be ; and ther- fore gave order, that the suger bee veiwed and put into the tresurers hand and sould to j^ best advantage, and the pro- ceed so kept safe for the best proofs Mr. Chadwell can bringe, and what goodes elc ther is of Robert Persons, it is to be brought to the treasurer, that so the estate maye be preserved from losse as much as maye be. Mr. Pell, atturnye for Mr. Edmund Leach, entereth an action against the estate of Robert Persons for a debte of 18^ 4s Qd, w'=h ariseth thus, 15' 14^, he conceaveth due vpon a pcell of goodes the said Robert received of Mr. Leach, and 2^ IQs due for fraight, w^h makes 18i 4^, w^h he thus indeav- oured to prove. Robert Person received of Mr. Leach goods, to the vallew of 61', as they were rated by Mr. Leach, w<=h he was to carye to the Barbadoes and sell, the said Robert to have halfe the proffitt and to paye halfe the fraight till the returne be made, w^h the said Robert was to make either to England or elc to Newhaven ; now of this 61' worth of goods, he sould to the valew of 34i 10% and for this deliucred 752' of cotton woole, W^li the plantiffe conceives cannot arise to so much, as cotton woole is worth and paseth in the Barbados. And that this was the agreement he produced Mr. Leach his letter to Mr. Pell, and Mr. Pell tooke oathe that Robert Per- sons acknowledged that this in the letter was the agreement. The clause of the letter runes thus : I have sent by Robert Persons, to the Barbadoes, 61' worth of goodes, he to allowe me halfe the proffitt of them, and to beare halfe the adven- 360 NEW HAVEN COLONY RECOEDS. [1647 ture and halfe the charge of the said goods, vntill the re- tunie be made to me or my assignes, when the proffitt is to be shared ; his order is to send either to England or to Newhavcn the returne, and if he come or send to Newhauen, yow will heare of hime, and he will and is to give yow accounte of the goodes. Mr. Pell testifyed vpon oath that Robert Persons acknowledged to hinio that this was the agreement. John Thomas saith that Robert Persons tould hime the goods wonld not of, but at his coming awaye he sould the goods for 800' of cotton woole. Now of this 800' of cotton woolo, the said Robert deliuered 752' to Mr. Pell, and -18' was disposed of for necesarie charges. The court considering that the deffendant is dead, and none present that can clearly answer for hime, and that the plan- tiffe can make no clcare proofe for what, nor how the goods was sould, could not see cause to cast damadge vpon the estate of Robert Persons, leaning the plantiffe to make what further proofe he can hearafter, either for the fraiglit or for the priuci- palle. John Thomas acquainted the courte that Robert Persons haueing lett halfe his house & halfe his lott for 40^ a yeare, before he went agreed to make them a well, w'^'h they that are in it dissire maye bo done. The courte tould hime that now the ceason of the yeare is past, but he might provide stones readie that it maye bee done so soone as the ceason serves. It was propounded to the court that Goodman Bud dis- siered some alio wane out of the estate of Robret Persons, for some suger w'^h fell short in a hogshead of sugcr Goodman Budd had of Robert Persons for his house and lott he sould hime, w^li hogshead he expected to be 500', but it fell not out so much, biit John Thomas saith that Robrt Persons said he payd hime all, and Mr. Chadwell saith that Robert Persons did not warrant liime 500' in the hogshead, but did bide hime chuse w-'h he would & that should satisfye hime. And further he saith he saw 1 hogshead of them waid at Roade Island W^h waid above 500'. [205] II A noat of some debtes owing to Robert Persons was presented in courte. 1647] NEW HAVEN COLONY EECORDS. 361 John the Duchman dissiered libertie for himselfe and the other two W^h were prissoners wUi hime, to goe to the Dnch gonerner ; it was tould hime that if he had dissiered it at first they might haue bine sent, but then they were alltogether vn- willing ; that the court are still free to send them, onely as they were put vnder that bayle, vnder w^h they stand, by the courte of magistrats, so the bayle must bee released by the same power, w^h should be done as speedily as the court of magistrats could meete. Mrs. Lamberton presented the invcntorie of the estate of Mr. George Lamberton, her late huslmnd, in courte, wh was veiwed and deliuered to the secrctarie to be recorded.* The will of Mris Wilkes was likewise deliuered into the courte by Mr. Ro : Newman, and deliuered to the secretarie to be recorded.! * "An iiiventorie of the estate of Mr. George Lamberton." The estate is creditor, to the worpll Theopliilus Eaton, pr bill, £28. 17. Is. more to him for the negai-s clothes, £3. to Mr. Stephen Goodyeare, pr bill, £65. 4. 9. to Isacke Allerton, pr bill, £22. 2. 6. to John Chapman, pr booke, £6. 6. to Mr. Pell, for Mrs. Brewster, £30. 14. 2. to Rogger Allen £7. to John Clarke £1. to Mr. Hooke £3. 12. 8. to Mrs. Gregson £3. 14. to Geo. and Lawrance Warde £6. 10. 8. to ship Fellowshipp, put in £50, £25. to Goodman Stone 8". to Jonathan Sarjant 15^ to Adam Nicolls £1. 2. 5. to Roger Knap 10^ to John Thomas 7^. to Capt. Turner £1. to Mr. William Tinge £1. to land at Stamford £4. to Moses Wheeler £1. 9. 10. to Brother Nash £1. to John Nash £0. 17. 9. to Richard Everit £0. 10. to Serjant Jef- fery £1.. to William Andrewes, senioi', £4. to John Chidsey £0. 15. to 8 oxe hides £4. 8. to William Davis £0. 8. 5. to John Tompson £1. 8. to Michaell Taintor £6. 6. to Mr. Gregson, Mr. Hawkines and Mr. Goodyeare £3. 17. 6. to the 24'i' part in the Susan £1G. 11. 8. to Mr. Pery £20. to goods in the Susan and Phenix £29. 5. to Phillip Leake £1. to John Rider £1. to Mr. Gilbert £34. The whole estate is £1218. 12. 4. owing, 16 rest good estate, 1202. 12. 4. The estate is debtor to Mr. Malbon £13. to John Willford £3. Prised the 4''' of January 1647. Mathew Gilbert, Richard Miles. t " The will of Joane Wilkes made the 12>i' day of January 1645. " I Joane Wilkes being called to goe to my husband, but not knowing whether he be living or not, and not knowing whether I may live to come to England or to returne heither, doe desire, so farr as I have or maye have power in my hands, to dispose of that estate that God hath given me in this place. First I will and bequeath to our deare pastor tenn pounds. To our teacher five pounds. To the church of Christ in this place five pounds. To my neece Bridget Wilkes thirty pounds. To my nephew Joseph Dalman, in London, twenty markes. To my nephew Nathaniel Warnei-, of Bristoll, twenty markes, and to Susanna Gregson twenty markes, and to our beloved elder, Mr. Robert Newman, five pounds, whom I nominate and appoint the sole execu- 46 362 NEW HAVEN COLONY RECORDS. [1647 Robert Hill deliucred into the court an inventorie of his brother John Hills estate*, w^h was likewise deliuered to the sccretarie to be recorded. Mr. Pell brought in and deliuered to the courte an inven- torie of his wives estate, left by her late husband, Mr. Francis Brewsterf, w^h was read and deliuered to the secretarie to be recorded. Mr. Pell was tould he was warned to the courte aboute his wives fine, that he might either paye it, or show a sufficient reason why he did not ; he dissiercd to know by w^ lawe it was demaunded, it was tould hime, by the lawe of his marrying the widdow, yv^h. owed it before he marryed her ; he said he knew not howe it comes to be her debte or his either, the gou- erner tould hime he had a copie of the courte order, and if he could obiect any thing against the justic of the courtes pro- ceedings, hee might ; he said ther is that charged in the order that is not proved, he was told it was a reproachfull slander cast vpon the courte to saye they had laide a fine for any ofienc not proved, and he was called to make proofe ; he in- stanced in a passage Avherin excese in drinking w^h other tor of this my last will and testament, intreating him to take upon him this care and trust and to see It performed accordingly. And if my house, lands and goods left hear should not amount to so much, then my mind is that the abatement shall be upon the three legacyes of twenty markes equally, and if it shall arise to more, that it be added equally to those three legacj'cs of twenty markes a peece. lii witnes whereof I have hereunto put my hand this 12'-'' day of the eleventh moneth 1645. Jone Wilkes. " Joane \Vilkcs declared this to be her will and testament before mee. Tho: Gregson." Inventory taken by Mr. Gilbert, Mr. Wakeman and Mr. Crane, the 14''' of the llni moneth 1647. Total £89. 4. Debts. 3 bushells of wheat of old Jacocks of Strat- ford £0. 12. Mr. Gilbert 15». Jolm Clarke 30^. Thom : Munson 14». Mr. Robert Newman 8k Richard Hull 8^. Phillip Leeke for rent of the house and garden the yeere 1645 £3. for rent of the garden 1646 £3. James Clarke 30^ Phillip Leeke received of several men £3. 13. * "An inventorie of the estate of John Hill" £24. 19. Mr. Winthrope debtor £7. The estate is debtor, to Peeter Browne £4. 10. to old Goodman Willmot £0. 16. to the treasury £0. 3. 6. to Robert Preston £0. 2. 6. to Ro. Hill for 4 bush, wheat £1. to him for a stuff suit £1. 18. 6. more for a goat £0. 8. t"An inventorie of the estate of Mr. Francis Brewster," amount £555. 6. 2. In the great ship, cost £50. prised December 30, 1647 by Francis Newman, Richard Miles, John Clarke.— The estate debtor, pd out of the estate as appears by acquittfinces £57. 10. for a debt which Mr. Brothers demands out of the estate £200. for a debt owing to Mrs. Lamberton £30. 14. Total £288. 4. 1647] NEW HAVEN COLONY RECORDS. 363 inconveniences seeme to be charged on Mris Brewster, now his wife, wh. was not proved against her, he was tould there was neither any such charge, nor any penny of the fine im- posed vpon any such consideration, that his iniurious cariage hearein is agravated in that full light hath bine tendered hime in the case, no excese was charged against her by ye courte, nor in the originall order was ther any word sounding that waye, it was an errour in the secretarie, who probably had left out a line in ingroseing the order out of the first copie, and Mr. Pery, the secretarie that then was, liad sine bine w'h Mr. Pell, had showed hime how the originall ranne and the line left oute, offered hime to rectifye it, but he refused. The governer tould Mr. Pell that the line beinge left out as it stands in his copie, it dothe not rune cleare & in good sence, namely, (and sit drinking all excese in drinking w'h other inconven- iences following.) Mr. Pell said it was good dialect, no over- sight in the secretarie, and he could prove it. The gouerner tould Mr. Pell he conceived he did not vnderstand what dia- lect is, but the courte considering that Mr. Pells charge is made against the courte of magistrats, whoe imposed that fine, thought fitt and ordered, that his miscariage be reffered to the consideration of the next court of magistrats for the jurisdiction, and ordered Mr. Pell to attend them therin, Ezechiel Cheveres passeth oner to John Cooper 5 ac** 2 thirds of vpland w^hin the two myle, on halfe of it lying in Mr. Eatton quartr, betwixt the land of M"s Turner & William Tuttill, the other halfe lying by the mill highwaye, at the end of Mr. Batons pasture, next the land of William Tuttill. John Lawrencson and his wife, being warned to the court, apeared, they were charged for selling stronge watters by small quanteties, contrarie to a courte order. He said he knew not that it was a breach of order, and she sould it for Mr. Westerhouse. She saide that haveing broke the order, she dissiered to submit to the courte. But beside the breach of order, their apeares something of disorder, for William Paine saith that the 3 Duchmen, w^h were prissoners, lying at his house, were wonte, before she 364 NEW HAVEN COLONY RECORDS. [1647 soiild stronge watter, to koepc good lioures in coming home at night, hut sine, they haue stayde out long, and some time very late, and one of them seemed hy his speech to he some- what distempred, hut he sawe hime not for he was in hed. Arther Halhich saith he hath gone into the house where Goodwife Lawrencson was, and sawe persons silt drinking of small quanteties of stronge watter two or 3 times, and that her husband tould hime she had gained 30« in a weeke or a fort- nights time hy that waye of selling out stronge watters. The sentenc of the courte is that John Lawrencson paye as a fine to the towne for this breach of order, 20% hut if they goe on in this way it is not twic 20^ that will excuse them. William Paine refused to paye his fine for comeing late one Lords day w^i his amies to the meeting, because others came late and were not complained of, hut he was told he must paye his fine, and the seriant should be warned to the next courte to answer for his neglect. The treasurer was ordered to paye William Paine for his halfe days worke in attendhig the courte aboute John Law- rencsons buesnis. John Benham informed the courte that he was fined by the courte for neglecting to warne Dauid Atwatter to watch. It is by the secretarie that then was, entred 5^, but it was but 2^: 6*^, and seing diuers doe remember it was but 2^: 6<^, the courte agreed he should paye no more. [206] II Richard Beech dissiered of the courte that he might retayne the estate of William lies in his hand till further order, w^h is as apeares by the invcntorie 13': 17*: 00'': the courte tould hime vpon sccuretie he mighte ; he offered hime- selfe and 9' worthe of land, as it was vale wed by Anthony Tompson & John Clarke as apeares in a note A'nder there hands. The land is 22 ac* of vpland in the second devission, and 5 ac^ of meddowe in the west meddowe, and 2 ac* of vpland in the quarter at his house, and for the other 5' John Beech becometh sure tie wUi hime, as the said Joh Beech de- clareth in courte, w^h the courte accepted, w'h this proviso, that if John Beech should dye or leaue the towne, Richard Beech put in other securitye to the courts satisfaction. 1647] NEW HAVEN COLONY RECORDS. 365 John Tompson, atturney for Thomas Allcote in the Baye, requiereth youthes of Francis Halle w^h he hroiiglit from England long sine, that is to saye, John Whitehead & Thomas Whitehead, and saith he hath order to send them to the saide Thomas Allcote whoe is ther vnkell. Francis Halle saith at the desier of their vnkell, Mr. Allcote of Roxberey, since deceased, liee brought these youthes oner, and was at great charges with them for their passage and other occaisons, w^h he saith Mr. Allcote promised to paye to his satisfaction when he came heare, but when he came ther vnkell was deade, and knew not of whome to seeke his money, iff the.boyes had dyed he should havie lost it, for ought he knowes, for he knew of no other vnkell they had, but he was blamed that he had not vsed that meanes to finde oute ther vnkell or send to ther mother as he might have done, (thoughe he saith he hath sent,) but he acquainted the courte then w'h it, and w4i ther approbation one of them was dis- posed of to Mathias Hitchcoke, the other he kept himeselfe till they might liaue further light to dispose of them. The courte being dissierous that the chilldren might haue no wronge, and allso that the ptyes w^h haue brought them vp heitherto, (seeing they were small,) might be justly satis- fyed, did seriously consider and weighe the charges and haz- ards the severall ptyes had bine at w'h them, as allso the advantages that the boyes might be vnto them. And after a large debate concerning those accounts, in the issue agreed, that Thomas Whithead w<^h was w'h Mathias Hitchcocke, be at the end of 5 yeares and eight moneihs from the time he had hime, sett free, at w^h time the said Mathias put the said Thomas to Davide Atwatter for 4 yeares and 4 monethes, thoughe he had no right so to doe, but now the said Thomas declareth himeselfe willing to abide w*h his master David Atwatter, till he maye heare from his vnkell, so he maye haue just satisfaction for the time to come, so longe as he stayeth wUi hime. They bothe agreed before the courte, that he should haue 3 1 a yeare, meate, drinke and clothes. And con- cerning John Whithead, it is ordered that Francis Halle sett hime free from this time, and paye vnto hime 50^. 366 NEW HAVEN COLONY RECORDS. [1647 Mr. William Westerhouse, by Mr. Evanc his interpreter, acquainted the courte that he knew it not to be an offenc to the courte that he imployed any to sell his stronge watter, but seing he had done it, he justifycd the courte in the fine they had laide, and he came to tender the payement. The courte tould hime they looked not vpon it as his fault, but Jn^ Law- rencsons and his wives that sould it, for they intended not to fine hime, but seeing he would payc it, the court considering how vsefull hee hath bine in the towne by giveing phisicke to many persons, and to some of them freely, the courte agreed not to take the fine but returned it to hime againe. Phillip Galpine acquainted the courte ther was a certainc some of money, aboute 9 ', given hime by will l)y Nathaniell Drapr deceased, w^h some was due to the said Nathaniel for wages, w^h Mr. Leach is to paye, and now Mr. Pell, by order from Mr. Leach, w*=li Mr. Pell refuseth to paye. Mr. Pell saide he denyed not to paye it only he heard that Nathaniel made another will and gave this wages to Mr. Sellicke, as Mr. Tompson of Verginca, David Evanc and another saide, and that he will require it, therfore if Phillip will give hime securitye that he maye not paye it twice, he will paye hime it. The court thought that luit just, and agreed that if Philip can give in securitye, it be payde to hime, if not that then it be payde into the tresurers hand till the matter maye be cleared. Mr. Goodier and Mr. Evanc were dissiered by the courte to see Robert Persons suger waide, and that or any other goodes of his vallewed, w^h is to be put into the treasurers hand. Mr. Malbon dissiered the courte to appointe some to vallew some goodes w'^h were attached of Mr. Godferyes for on Strong Fornale, of Boston. A Generall Courte the 14'^ op Feburarie, 1647. The Governor acquainted the courte, that he heard that fences aboute the towne arc generally so defective that many are discouraged from the laboure of husbandrie, because their corne, when they haue sowne it, is spoyled, therfore it is of 1647] NEW HAVEN COLONY RECORDS. 367 necessitie y' some course be taken that corne msijG be pre- served. It was propounded by some that their might be certaine men appointed as haywards, w<^h might looke to such a com- pase of ground as might be convenient, whoe should take and pound all the catle or hoggs they found their, lookeing ouer the ground on every daye, and that if the see any small defect in any fence they might mend it, or if it be too great a breach for them, that then they acquainte the owner w^h it, and each hayward to be payde by the severall quarters w<^h imploye them, as they shall agree. To this the courte inclined, and it was agreed to meete in the severall quarters to put it in exe- cution. And wheras it is founde and complained of, that when meetings of that nature are warned, severall doe not attend them, therfore it is ordered that when a meeting is appointed, and all they in the quarters haue seasonable warn- ing, if any come not, yett the maior pt maye agree any course for the goode of the quarter, provided it croses no order of courte allreadie made. [207] II It was dissiered by some that Indian and English corne mighte not be planted in on feilde together, but it was answered by diveres that it could not be avoided, but the quarters themselues were to agree hearin, and not to damadge on another, as allso to agree of the time of putting in catle into the severall quarters where corne is sowne, and allso of take- ing them out seasonably, that corne be not spoylcd. All the orders abovte fences to stand in full force, and every on to hasten the setting vp the fences that are downe. Mr. Westerhouse dissiered the towne to save their ashes, and he would give them 4^ a bushell and fetch them at their houses, or 5'^ a bushell if they carrie them to the watter side, to a place he would appointe there. Mr. Evanc propounded that some would make a since at the creekes moutlie w«=h comes vp to M^^ Wilkes house. The court was willing to incouradge it, and wished it might be seriously considered against another courte. The Gouerner dissiered that men would speedely bring in 368 NEW HAVEN COLONY EECORDS. [1647 their rates to y^ treasurer, that so the might prevent a warn- ing to the perticiiler courte. AVilliam Andrewes was dissiered to acquaint the courte what he intended to doe aboute the ordinarie, he answered thoughe hime was willing yett he dissiered the courte would provide another, because his wife is at present vnwilling. But he had further time given hime to consider of it and to come to the gouerner and give his answer. Mr. Evanc propounded to the courte that something might be done concerning the setting a size for the waight of breade w^'h is made and sould, but it was left to be further inquired into till another courte. Mr. Newman, the ruleing elder, propounded to the courte that they would grant brother Wiggelsworth a small pec of ground neare the meeting-house, to sett hime a litle house vpon and make hime a garden, because he is so lame that he is not al)le to come to the meeting, and so is many times de- prived of the ordinances, when if he was neare he might inioye them. The courte considering and pittying his case, inclined to doe it & left it to the dispose of them whoe are intrusted to dispose of lotts in the towne. The courte declared themselues that the leather w^h was in mens houses, before the last order for sealing leather was in force, be allso sealed before it be vsed or sould. Mr. Evanc propounded that ther might be some appointed to ouersee and allso to scale the cooppr ware, that it maye be sufficient bothe for gadge and tightnes, but it was refered to a more private consideration. Mr. Malbon dissiered the workemen in the towne that the would he forwarde to help the elders vp Avth their fenc, (and they should be payde) and especially those whoe are debto" to ye treasurie. Jeremiah Howe hath libertie from the courte to sell strong watter by pints or quarts or other small quanteties, so that he suffer it not be drunke in his house, but sell it to y<^ townes folke or stranges out of his house, provided allso that he haue due respect to any suspicious persons and vnscasonable times, 1647] NEW HAVEN COLONY RECORDS. 369 that all disorder maye be prevented ; this to continew till the courte find some inconvenienc. Henery Morall, William Blayden, Thomas Knowles liaue libertie to burne a litle meddowe W^h is in ther home lotts, provided the doe it at a fitt time, that no damadge come ther- by, and if any doe, they must answer it. Leivtenant Seely dissiered the courte that he might haue '^ 50s allowed hime, w'^h he had bine out of ever sine the plan- tation begune, for seekeing a shallope W^h was lost, but the courte sawe not cause that the towne should paye it, seeing the shallop belonged to perticular men. Mathew Camfeild declared himeselfe sorye that he had the last courte presented the names of sundrye men to be behinde in payement of their college corne, before he had spoken againe w^h them. The Gouerner acquainted the courte that the Kinges Armes are cutt by Mr. MuUyner for the towne, w^li are to be primed and after sett vp in a publique convenient place.* It was propounded that a comittee might be chossen to con- sider and dispose of the absent lotts, that the charge wh comes to the towne by them maye be prevented, and the magistrats, elders and deacons, w'h the 4 deputies for the towne were chossen as a comitte for this thing. John Halle acqiiainted the courte that the highewaye against a lott he bought of Henery Pecke was worne awaye w'h the watter that their was no safe passing that waye. He pro- pounded to know wheither the towne will mende it, but the courte declared themselues, that the order was that every man maintayne a sufficient waye 2 rods from his home lott thouroughout the towne; but after much debate, John Halle resigned the lott to Leivtenant Seely, vpon condicion that he ' mende the waye and maintayne it sufficiently, w^h Leivtenant accepted. Captaine Malbon propounded that ther might be a new clarke chossen for the trayne band for the towne, because the formeii clarke being otherwise imployde, could not attend it, * From "New Havens case stated," we learn that the kings arms were set upon a post, in the highway, by the sea-side. 47 370 NEW HAVEN COLONY RECORDS. [1647 John Clarke was by liime propounded, and l)y tlie coiirte chossen clarke for the trayne bande of the towne in the roome of Mr. Pcry. The towne was dissiercd that they would be carefull to attend the order in provideing themselues of ladders. [208] A CouRTE AT Newhaven THE 7"' PAY OF March,1G47. Sundry at this courte tooke the oathe of hdelitie whose names are entred amoung y'' rest. Edward Wiggiesworth passeth ouer to Adam Nickholes, six acs of vpland ground lying in the Yorkesheir quarter w^hin the two myle ; and wheras in the towne booke their is but 22 ac" and a halfe of land placed vpon Ed. Wiggiesworth s lott, bothe for estate and persons, and yett he had layd oute and hathc sould 24 acf% he declared that the ac and halfe, W^h makes it 24 ac"*, was given hime in alio wane for shortnes in his home lott. Dauid Attwater entred an action against Mathias Hitch- cocke, for 10^ w^h the said Mathias Hitchcocke receaved of Dauid Atwatter, for the servic of Thomas Whitehead for 4 yeares and eighte moneths, w^h Mathias Hitchcocke could not performe, he not haueing a full right to dispose of the saide Thomas. Mathias Hitchcocke saith, that being demaunded what assueranc he could give David Atwatter that he should inioye the saide Thomas so longe, seing by the courte order he had no full assueranc of hime, but he might goe awaye or another might take hime from hime, he answered he could give no better then he had, vnlcsse the boye would give hime any better, so he agreed w4i the boye to make an indenture for so longe time, and gauc hime the saide Mathias Hitchcocke, 10', but being advised by the courte to agree it betwixt them- selues, they bothe consented to it and did wUidrawe, and soone after declared to the courte that they had issued the differenc to bothe ther satisfactions. Arther Halbich passeth ouer to John Beech his house and home lott w'li all his accommodations tlierto belonging w^hin Ncwhauen. 1647] NEW HAVEN COLONY RECORDS. 371 John Nash being warned to the courte for not payeing his rates, answered that he knewe none due from hime till the land was entred in the towne bookc, and that the courte might take ther course, but was reproved for so saying, it being a thing vncomcly for hime to saye. So further he obiected his land was not laidc oute, but was tould it was not the townes faulte, and if that was the rcasson, the courte woidd send presently and take a distresc, but in the issue he promised to paye. William Paine was called to make goodc the charge w^h he laide vpon Scriant Munson last courte, w^h was the he pre- sented some for comeing late on the Lords daye w'h their armes but not others, thoughe they offended equaly alike. William Paine saide he was loath to doc it, but yett presented sundry names he had in a papr, w^li came late the last Saboth in Maye, 1647, and the last Saboth in June ; some of them came late, and some brought not their armes. Seriant Mun- son saide he dissiered Willm Paine might prove, first that the men came late, 2diy that he did not present them. William Paine saide hee hade not his proofs in courte ; he was tould if ther was indeede a fayling, he should first have tould his seriant of it in a private waye, and if it had bine reformed, well, if not, then he might have complained, for every souldier should strive in all lawfull wayes to vpliold the honour of their officers. Further, Seriant Munson saith that ho had the names of sundry in a note to give the marshall that they might be warned to the courte, but he lost it oute of his pockett, he knowes not how. The seriant was advised, and wUi hime the other seriants, that they would carefully attend the discharge- ing of that trust W^h is committed to them, for they maye see that the eyes of many are vpon them. Mr. Leete and Mr. Jordan, attornyes for the towne of Guilford, entreth an action against Mr. John Ceffinch of New- hauen, for certaine rates due vpon a lott wh the saide John Ceffinch houldeth at Guilford, but refuseth to paye them, thoughe they haue l)ine demanded of hime. Mr. Ceffinch saithe that he knowes not that he owes the towne of Guilforde any thinge for rates, for they haue had the vse of his lancle. 372 NEW HAVEN COLONY EECORDS. [1647 Mr. Leete answered that it is true they vsed some of his land, but that was to satisfye rates towards minesters main- taynanc, according to an order of courte made in Guilford tlie ^ , w^'h was, that if any remove, and yett hoold the right of ther land in ther hands, and will not paye towards the minesters maintaynanc, it should l)ee lawfull for the au- thoritye of the place to seize the whole or any pt of their accommodations, to rayse that pt of the minesters maintayn- anc W^h he gave in to paye, and to render the ouerplus to the owner, now for this purpose the land hath bine made vse of, but not for the towne rates. Mr. Ceffinch saide that he treated w^h Mr. Disburowe aboute this matter, and tendred tlie land for that yeare for de- frayeing of charges, and Mr. Disburowe accepted it, and pro- duced Mr. Attwatter for his wittnes, wlioe testifyed vpon oath that Mr. Ceffinch tendred to Mr. Disburowe the laying downe all his accommodations in Guilford for that yeare for defraye- ing puljlique charges, and Mr. Disburowe, thoughe he was slowe in it, yett at last saide if yow doe it according to towne order we cannot refuse it. Tlie plantiffe saide that they dissiered to hould to that, that if it was laide downe according to order they will accept it, but that it was not, as apeares by the order which was read in courte, a copie whereof Mr. Ceffinch had from Guilfordc. The plantiffe and deffendant being demaunded had no more to saye. The court proceeded to sentenc, w^h is that the deffendant for want of proofe is cast, and must paye the rates to Guilford w'^h is due for his lott their. Mr. Robert Newman presented into the courte the invcnto- rie of the estate of M'is Wilkes deceased. Mr. Goodyear and Mr. Evanc were dissiered by the courte to prise some goodes w^h were attached of Joseph Godferics, and if Mr. Malbon put in securitye, he hath libbertie to sell them. [209] II Mr. Evanc attornye for ]\Ir. Daniel Peirse, merchant, cntreth an action against Thomas Moris for takeing awaye a flote or staye of Mr. Peirses and not returning it againe, but 1647] NEW HAVEN COLONY RECORDS. 373 it is lost. And allso for damadge w=h the saide Daniell Peirse hath or maye sustaine for want of it. Thomas Moris saide that Mr. Pery dissiered hime to fetch the flote, bnt hee answered hime tliat he wonld not, and he might send his owne men for it, for if any damadge came, if he fetched it, it would be laide vpon hime, but Mr. Pery was very importunate w^i hime, & tould hime that they would beare hime harmlesse, so by much perswasion, he and John the Duchman fetched it, and when they had done w^h it, he tould Mr. Pery they must take care of it, and he and Gren- feild Larebe saide they would doe it as Mr. Chadwell can testify e. Mr. Chadwell testifyeth vpon oathe that being aboarde the Phenix when the worke was neare done, he heard Thomas Moris aske Mr. Larebe what course they would take w'h the staye, for Mr. Peirse would haue need of it, he knew not how soone; Mr. Larebe answered that they would take care to haue it made fast and secure till y^ river was cleare, that it might be caried into it place ; the like passadges was w^h Mr. Pery, and Mr. Perys answer was the same. He asked them why the lighter men tooke it aivaye and caried it to the old shipp side, they said that that was the secuerest place it could be laide in, till the river was cleare. This they saide both of them, thoughe apart, two or three times. The courte considering the premises saw cause to judge that the damadge must fall vpon Thomas Moris, yett Mr. Pery and Mr. Larebe will be lyable to make hime just satisfaction, ac- cording to the proofe he can make, and the court advised Thomas Moris to make Mr. Peirse another flote, and the plan- tiffe declared himselfe willing to accept it, so it might be readye by the midle of the next weeke, and Thomas Moris being incouradged by some help that Mr. Chadwell & Mr. Peirses carpenter, and some matterialls w^h Mr. Goodier & Mr. Malbon promised to afford, promised to make one. 374 NEW HAVEN COLONY RECOBDS. [1647 A Generall Courte the 8^^ day of March, 1647. The Governer acquainted the courte that the millitarie offi- cers, according to their dissire, had considered how the watch might be caried on for more ease to the towne then formerly it hath hine, and thinke that foure men w'hout a master maye serue in a night, (leaning extraordinarie occaisons to other considerations as the courte hath before provided.) These 4 men to carye on tlie watch in manner as followeth, They are to be all at the watch-house an houre and a halfe after sunn sett, w^h their armes compleate, according to the former order for the watch ; and the 4 seriants in their course, are to come to the watch-house every night, to sett the watch and give them ther charge; and allso that they come at some other times, to see that the watch doe ther duty faithfully, one a weeke at tlie least, leaning the sett time to thcmselues. These 4 men are to walke the rounds, two one pt of the night & two the other pt of the night. And whille two are walke- ing, the other two to keepe sentinell in ther course, leaning other circomstances to he ordered by the discretion of the seiiant, as, wheither they shall walke halfe the night at one or no, and the like ; and the seriants for their faithfull discharge of this trust are freed from watching in their owne psons. After some debate aboute this matter, the courte agreed and ordered that till they see some inconvenienc arise by it, the watch be caryed on in this manner. It was propounded wheither the men at the farmes should not watch in the towne, allso concerning the deacons and dep- uties for the courte, and seamen. For the farmes it was answered, that they are by an order of courte to watch, vnlesse it be in a time of danger, and then they are to keepe watch at home. For the deacons it was voted that they be wholly freed, and likewise for the deputies for the time being. And for seamen, if they were indeed seamen, and such as had no estate in the towne to be preserved, they be freed, but if they have estate in the towne then they are to find a watchman, thoughe they watch not in ther owne persons. It was further ordered 1647] NEW HAVEN COLONY RECORDS. 375 that Mr. Pell, Mr. Westerhouse and Mr. Auger be freed from watching.* It was propounded wheither psons that are aboue 60 yeares of age should be freed from watching. It was ordered that if they be such as haue estate in y^ towne, thoughe they be freed in their owne psons, yett they must find a watchman. All others, not exempted by publique place, to watch. William Judson and John Brockett propounded that they might be freed from watching, but the courte sawc no cause to grant it. The Gouerner dissiered the seriants that they would be carefull to looke to their squadrons vpon the Lords dayes, that all they w'=h transgrcse the court order maye be presented, that so all show of parallitie maye be avoyded. [210] Att a Generall Courte the 23th of March, 1647. The Gouerner acquainted the court that those whome they appointed to consider of the absent lotts had done it, and finde the charge w^h is vpon them by fencings & rates, to be very highe ; and allso that the lotts are not of an equalle goodnesse, hee therfore dissiered to knowe ther minde, wheither they will expect or require all the rates, or abate any pt, and howe much. And wheither they will grant any of them freely to some psons for publique respects, and wheither they will now consider and dispose of the matter themselues, or chuse a comittee to whome they will refer the wholle matter. The courte considered the propossition, and agreed to chuse a committe. And the persons chossen are the magistrates, elders and deacons, the treasurer and on oute of each quarter, viz*! . Francis Newman, for Mr. Eattons quarter. Richard Myles, for Mr. Goodyears quart. Henry Lindalle, for Mr. Lambertons qurt. John Cooppr, for Mr. Newmans quart. * Probably because they practiced medicine. For some account of Mr. Pell who had been a surgeon in the Pequot war, and from whom the town of Pelham takes its name, the reader is referred to Bolton's Hist. Westchester County, i. 521. 376 NEW HAVEN COLONY RECORDS. [1647 John Clarke, for the subverbs. Mr. Crane, for Mr. Malbons quarter. Mr. Evanc, for his owne quarter. Mr, Gibbard, for Mr. Wakemans quart. Mr. Ceffinch, for his owne quart. Livetenant Seely, for the subverbs where he dwellcth. To these or the maior pt of them agreeing, the courte gives full power to dispose of the absent lotts, w'h what aV)ate- ment of rates or fencing or publique respects they shall see cause. Allso to consider and reserve what lott they shall see meette & most commodious for a coUedg, w'^h they dissire maye bee sett vp so soone as their abillitie will reach thervnto. The Gouerner acquainted the courie that brother Andrewes had bine w'h hime aboute keepeing the ordinarie, and is willing to keepe it if he could see a waye howe hee might be able to provide things at the best hand in season. He thcrfore pro- pounds that the towne woulde buy his house, house lott and land, & make hime such paye as he might buy provissions in season at best hand, and he will live in it & paye them rent by the yeare till he can provide himeselfe of another house, convenient and nearer the watter side for this purpose, and he will reffer the pric to indifferent men to judge. The gouerner asked the courte if they woidd not chuse some to consider w^h bro : Andrewes of this matter, and they agreed to doe it, and chosse Richard Myles, Henry Lendalle, Thomas Munson, Jer- vic Boykine, Francis Newman and John Cooper as a committe to consider of it and make reporte to the courte as they should finde cause. Further William Andrewes propoundes that he might have some part of the Oystershell feild for a pasture for strangers horses and some medowe ground w^h lyes conven- ient to gett haye for strangers horses in the winter, all which vpon the isue of the former matter, the courte would consider further oif. It is ordred that if any cattle be found in any corne feild or other severall ground where they are not to come, the owner shall paye 5'' a heade, (l)cside damadgc,) wherof 1*^ is to the pounder if they be pounded, and 4^ to hime that bringes them 164T] NEW HAVEN COLONY RECORDS. 377 forthe, either home or to the pound; and for horses it is 7'' a pec, Id to the pounder & Q'^ to hime that bringes them forthe. Henry Lindalle was chossen in the roome of Anthony Tompson to joyne with them that are appoynted to view that land for Mr. Goodyeares and Mr. Wakemans quarters. It is ordred that every cooper w^iin this plantation shall take care that he make his ware tight and good, and full for gadge, and shall sett his burned marke vpon it that his ware maye bee knowne, and allso the just gadge, howe much it holdeth, w^h is to be as followeth; the hogshead 64 gallons, but not lesse then 62 ; the halfe hogshead or quarter caske, 32 gallons, but not lesse the 30; and the barrell 48 gallons, but not lesse then ^ . Thesse to bee all marked as they will hold vpon tryall, and no otherwise. Captaine Malbon acquainted the courte that the watches were made vp, but he finds that sundrye old men and seamen find themselues agreived that they are put into watch, tlier- fore wheither the courte will not spare them, but it was respited. Mr. Robert Newman propounded to the courte, that thcr quartr and the next wher Mr. Ceffinch lives, dissires that they might have on third pt of ther land w^hin the two myle exchanged for so much at heither end of the playnes, because that on the hill is so stony they cannot plant it, and yett is bet- ter for pasture then y^ plaine. The courte considered of it and chose Mr. Malbon, Mr. Wakeman, Mr. Crane and Leiv- tenant Seely as a committe to view and consider of what they propound, and howe it may stand wUi the towncs convenicncy or inconveniency, and to make report backe to y*^ courte. It is ordered that every man shall attend the putting his cattle that waye his land lyeth, and if any putt any vpon any common where he hath no land lye, he must take care that they maye so goe vnder keepers as that they maye not come vpon other mens land to doe them damadge ; if they doe, they are to be pounded & the owner to answer it at the pertickuler courte. 48 378 NEW HAVEN COLONY RECORDS. [1648 [211] A CouRTE THE 2th qf Maye 1648. Thomas Hogge was warned to the coiirte for not comeing to watch on night the last weekc in Aprill, but it apeared lie had not suflficient warning, so it was passed by. Richard Spery was complained of for not comeing to watch, but Mr. Goodicr answered for hime that when he was neare comeing from the farme they wanted an oxe, the neager said he was sicke & left in the woods, so he was faine to goe forth to seeke hime least lice should be lost. Jonathan Marsh was complained of for not comeing to watch, he saith he vnderstoode not the warning, for it was in the night when he was asleepe, but because William Eussill, whoe warned hime, was not in courte, it was respited. Old Goodman Willmote and Samuell Marsh tooke the oathe of fidellitie. James Byshopp was complained of for not comeing to watch but it appeared he had not warning, thoughe he was carefull to inquire after it, so it was passed by for this time. Mr. Goodanhouse was complained of, and John Fisher, Mr. Westerhouse man, for not comeing to watch. They made ther severall excuses, w*=h for this time, seeing they were stran- gers, the court accepted and passed it by, they promising for time to come to attend the servic more carefully. William Paine was called to make proofe of the charge he made against Seriant Munson. Hee saide it was not his intent to charge Seriant Munson w'h partiallitie. The Governer told hime he charged it so as it must be partiallitie or grose negligenc. He produced William Gibbins, whoe saith that he tooke notice that some came late, as Henry Lindalle, Allen Balle, Goodman Lampson, William Blayden ; but it is long sine, and he cannot tell wheither they were complained of or no. John Halle saith he sawe Goodman Lampson and Henry Lindalle come late, but wheither they payde for it or no he cannot tell. William Paine saith that Thomas Moris came w^hout armes, and Edward Campe. William Holt saith so allso. Seriant Munson saith he tooke not notice that they came wUiout airmes, and wheither it were not vpon some day 1648] NEW HAVEN COLONY RECORDS. 379 that he was absent, for he was 2 or 3 dayes justly hindred last summer. And for Henry Lindall and Allen Balle, they were not in his squadron. William Payne was tould he had not carried it well, for he should have told the seriant of it before, and not lett it passe till he was complained of himselfe, and then in this distemper to declare it, it did not savour well, but he said he was sorey for it. Seriant Munson was told y*- the court judged hime faithfull in his trust, yett it had the appear- anc of negligenc, but they hoped this would be a warning, and so passed it by. Mr. Evanc tendred an account betwixt Henry Gibbines and Mr. Trobridg, wherin it appeared Mr. Trobridg was debtto"" to the said Henry 20^ 05^ 05<^, yett because he is not able so fully to cleare the ace" as to make oathc it is so much, some paprs being lost, he is content to accept of 10^ as full satisfac- tion, and that, he dares take oath, is due to hime at least. Mr. Crane allso demaunds 10^ from the same estate of Mr. Trobridg, W^li Henry Gibbins saitli was due to hime from his master, but being asked if he could make oatlie of it, he was at a stand, but they were wished to prepare accounts more perfectly against the courtc of magistrats. Mr. Robert Newman, as M^i^ Wilkes her cxecuto'', hath sould and passeth oner to Robert Bassett the house and home lott of M'is Wilkes, w'h what ground aboute the house was granted by the townc to Mr. Wilkes. The price, 40^, that is 30^ for the house and 10' for the garden or orchyard. He to take the house w'houte repaires, as it was prised by William Andrewes and Thomas Munson ; and what repaires hath bine done sine it was prissed, he to paye it beside the 40'. He is to paye the one halfe, that is 20', betwixt this and the 29''' of September next, and the other 20' at or before the first daye of Maye next. This paye to be made in corne, cattle or wamppome. John Halle challenge th something of M^'s Wilkes estate as a legacy given by Mr. Wilkes to his wife, but it was respited. 880 NEW HAVEN COLONY EECOEDS. [1648 An inventorie of the estate of William Balle deceased was delivered into the courte, and ordered to be recorded.* Mr. Samuell Goodanhouse complained of ^ , a Duchman W^h is servant to Mr. Henry ^ and was prepareing to rune awajc from himc, for he had gathered many things together for that purpose as himeselfe confeseth. One before he did run awaye as farr as Farcfeild but was stayde and sent backe by Mr. Ludlowe, and was Ijrought be- fore the governor heare and promised amendment, but yett returnes to the same course againe. He leaues it w'h the courte, dissiering them to showe what favoure they maye. The courte considering this delinquent had had warning before and promised amendment, and yett now returnes to the same euill againe, ordered that he should be whipped, yett w'h some moderation, seing he is a stranger, and his govern- ors whoe susteyne the damadge dissire it. [212] II The marshall tould the courte William Wooden had neglected his watch, and by hime sent this answer, that that night he was not well and gott another to watch, whome he conceives promised hime, but he deceived hime and tlie watch was neglected, so he loaucs it to the courte. Tlie court agreed that William Wooden be warned to the next courte to give his owne answer. Joseph Gernsye was complained of for want of amies, but he not being in courte himselfe, but sent his answer by the marshall, it was respited. Mr. Theophilus Higenson propounded to the courte that Edward Chiperfeild owed hime xx% he dissiered the lielpe of the courte, that he might have it ; he was told when the estate is sctled then the debte muste bee proved, and till then it must be respited. * "An inventorie of the estate of William Ball taken the 30''' daye of the 2''' inonetli 1648. £13. 0. 9." by Joshua Atwater and Thomas Kimbcrlye. 1648] NEW HAVEN COLONY RECORDS. 381 Att a Generall Court the 22fh of Maye 1648. William Jeanes was admitted a member of this court and tooke the freemans charge. Mr. Wakeman and Mr. Crane were chossen deputies for the jurisdiction generall court. Mr. Gibbard, Mr. Crane, Richard Milles & Francis Newman were chosen deputies for the plantation court of Newhaven for the yeare ensuing. Mr. William Gibbard was chosen treasurer for Newhaven for the yeare ensuing. Francis Newman was chosen secretarie for Newhaven for the yeare ensuing. Thomas Kimberly was chosen marshall for Newhaven for y^ yeare ensuing. The Governor propounded to the court that they would con- sider something aboute the watches, for it is found that as it was last setled ther is inconvenienc in it, because y^ warning of the watch is so late that it makes disturbanc in mens fam- ilies when they are in bed. The court considered of it, and for prevention ordred, that the foure watchmen w^h are to watch, come to that sariants house wher they shall be ap- pointed, halfe an liouer after sunn sett, vnder the penalltic for- merly setled ; and the first two that come, the sariant is, (haveing given ther charge,) to send pi'scntly forth to warne the next watch, and so to walke the rounds in ther course as before ordred. The other two haucing ther charge from the sariant, are to march to the watch-house, keeping the court of gaurde, and takeing ther turne to walke the roundes as bee- fore ordred. And if it fall out that one or more be absent at the time appointed, the sariant hath power from this court to goe and take, to supply his p^sent watch, out of that watch w^^h should watch the night following, and they w^h should haue watched shall paye halfe the fine for late comeing to them that watch in ther roome, and thoughe they come after, yett shall returne home againe and watch for them the night fol- lowing. John Meges is freed from trayning because he is lame, and 382 NEW HAVEN COLONY RECORDS. [1648 from "watcliing in his owne person, provided that he hire a man to watch, that the sariants shall approve of. Thomas Moris because of his occaisions abonte watterworke, \i^h, by reason of the tide, is sometimes late at night, (vpon his desire,) is allowed to hire a man to watch w<=h the sariants shall approve of. It is ordred that those farmers and their covenant servants W^h have no estate in the towne, are for the pi'sent, till the court see cause to alter it, freed from watching. Mr. Goodyeare, because his farme is allone and farr from the towne, hath two men freed from watching. David Atwater, Richard Mansfeild, is to finde each of them a man to watch at the towne in regarde of tlier house lotts heare. Mr. Goodanhouse farme is respited till the court more fully vnderstand from him whcither it is Ictt or no, and how, but his men arc to watch in the meane time. It is ordred that the Necke be driven this afternoone, and what catle are found that transgrese the order, are to he pounded or driven to some yard, and the names of the own- ers and the number of the catle given to the governor. John Meges was chosen clarke for ye trayne band of New- hauen. The officers for the artillary chosen this yeare was p''sentcd to the court, viz^^. Robert Seely, Captaine, William Andrewes, Leivtcnant, Mr. Chittcndine of Guilford, John Nash, William Fowler, Richard Beckly, Sariants. Henry Lendalle, Ensigne. Richard Myles, Clarke. Samuell Whithead is chosen collecto'' for the colledge corne for this yeare, in the rome of Anthony Tompson deceased. The Governor propounded to the court to know wheither they thought it convenient and would allow, that two or three house lotts in the towne should be laide into one, by w^h meanes the number of planters is deminished and the towne weakened, and many other considerations ; allso wheither they thinke it not meete, that every house lott in the towne finde a watchman, thoughe ther be no house or no bodey dwell vpon it. The court thought it worthy of consideration 1648] NEW HAVEN COLONY RECORDS. 383 and refered it to the magistrats, elders and deacons, and the deputies for the court, as a committee to consider and deter- mine of it. It was propounded wheither seamen should watch, but after much debate and yett no issue, the governor was desired to Wright to the governor in the Baye to know what they did ther aboute it, and then the court will consider of it againe. [213] II The Governor acquainted the court the heares ther is some families in the towne want releife, as widdow Knowles, widdow Halbich ; the ordred that M' Gilbert & Mr. Wakeman joyne w'h the treasurer to consider of their state, that they be not put to extremity. Lancelot Fuller desired the court that they would grant him a pec of land to sett a house vpon, vpon the banke side by the creeke, betwixt M'i^ Lambertons house and Sariant Jefferyes. The court chose Mr. Goodyeare, Leivtenant Seely, Jasper Crane & Francis Newman to veiw & consider of it, & report backe to the court how they Undo it. It is ordred that order for killing old wolues and foxes w<=h allowed 15« for a woolfc, and 2^ (j'l for a fox be againe in fore ; but for younge woolues or younge foxes it is but halfe the price. Mr. Malbon acquainted the court that those whoe were appointed to veiwe Mr. Newmans quarter haue don it, and find not but the towne might grant the exchange, if ther could be a convenient way found to that they would part w^h, but that not yett appearing, it was respited. Allso that those tliat were appointed to veiwe one the west side for Mr. Goodyeares and Mr. Wakemans quarters, beyonde Mr. Malbons meddowe, haue done it, and hnde nothing but, if they desire their land their, the towne maye grant it w^hout inconvenienc to them- selues. [There was a General Court for the Jurisdiction held on the 31st of Jlay, 1648, as we learn from the MS. Records of the United Colonies, (Hazard erroneously gives the date as May 3d.) The time for the election of officers for the jurisdiction had been changed from October to the last Wednesday in May, probably at the preceding ses- sion. At this time TlC^^Jidlus Eatou and John Astwood were chosen commissioners.] 384 NEW HAVEN COLONY RECOEDS. [1648 A Court pield at Newhaven the G^'j of June 1648. John Moss passeth oiicr to Richard Beech 1 ac, 1 quarter &, 14 rod of meddowe, lying in the west meddowc, one end abut- ting on the West River, the other end runing into a cove in the vpland, betwixt the meddowe of Richard Beech & James Russell. William Blayden was complained of for not appearing at the last generall court, he sayd he heard not the drume nor knew tliat their was a court, and sayd he could take liis oath of it. The court, seing they could not prove it, past it by. Mr. Cheffinch declared in court that he approved of his brother Thomas Ceffinch his will, and accepted of the execu- to''ship, and p''sented an inventorie of the estate of the sayd Thomas Ceffinch in court, amount to 3431 00 : 00. prised by Josua Atwater & Samuel Ceffinch, the 6'^ of June 1648.* Joseph Gernsey was warned to the court and appeared, and was complained of for want of amies. He made his excuse that he was poore when he came out of his time, & sine he hath intended to goe to sea, so hath neglected it, but was tould that these excuses would not serve, for though he was poore or went to sea he must have armes. For this neglect he was fined 5% & if he be not provided in a moneth, it will bring a greater fine vpon him. Leivtenant Seely, as sealler of leather for the towne, com- plained that he saw some leather a dressing that was not seal- led nor fitt to be sealed ; he inquired whose it Avas, the currier sayd some of it was Abraham Dowlitles, some John Chidseys, some Jn° Gregoryes. Jn" Megs had none their, but he saw a pare of shooes w^h came from him wh was made of leather gren and horney, neither sealed nor fitt to be sealed, w^h was but of the threes, yett the pric 2^ 8^ or 2^ 10^. John Gregory answered that his leather was sealed as much as he thought necessary, before this last order was made ; he was told it was not sealed at all, but onely cuttfor tryall; and * In the margin, "At a court y^ 4"' Septm. 1649, ye i»^^ie was proved bye oath of y« prisors for y' vailew & by y'= oath of y*" executor for y' quantitie." 1648] NEW HAVEN COLONY RECORDS. 385 by that cutting it appeared not fully tanned, so not fitt to be sealed, and that before this last order he sealed or marked other mens hides w^h N. H. w'li a knife, besides cutting them for tryall ; that if he had thus sealed or marked this leather, it had bine a double fault, in makeing faultie leather into shooes, and in falsifying an office trust, sealing that w<^h should not be sealed. But ho was further told that this leather was not sealed, and the last order reached all vnscalcd leather in any mans house or custody, then he sayd he thought the sealer should have come to his house to inquire after vnsealed leather ; he was told it was no part of the sealers worke, they that had vnsealed leather ought to speake or send for them, and so it was generally vnderstood, and others did send for him, & Mr. Malbon was instanced in ; then he sayd it was his ignoranc, but that satisfyed not. Lastly it was con- ceived that from Abraham Dowlitle or John Chidsey he vnder- stood that Leivtenant Seely had found faidt w4i his leather, as neither sealed nor fitt to be sealed, and yett he had wrought it out, or pt of it, into shooes, W^h beside the injury e to the buyers, seemed a contempt of y^' authority by w^h the order was made, this he acknowledged not, whervpon his miscar- iage was respited till Abraham Dowlitle and Jn" Chidsey, (now abroade,) come home. John Meges being questioned for the shooes he made of faultie vnsealed leather, and perticulerly for a pare sould to Moses Wheeler, pretended ignoranc that leather in mens houses should be sealed. He acknowledged himselfe had curryed a pec of leather which he had in the house, thoughe he knew it was both vnsealed and horney, not tanned. He acknowledged that vpon Moses Wheelers importunity he had made him a small pare of shooes of that leather ; what pric he tooke for them he remembers not, but hee intended if Moses Wheeler should after complaine of the shooes, to make satisfaction. The court remembering what had formerly passed betwixt Goodman Megs and old Goodman Gregory, and that at another court sine, Goodman Meges of his owne [214] accord had acknowledged ||his sinnfull miscariage, in makeing and selling deceitfull shooes, w^h such appearanc off 49 386 NEW HAVEN COLONY EECORDS. [1648 an iuAvarcl conviction, and suitable sorrowe, that all or most that heard him inclined to satisfaction, was deeply offended at this passage. Hoav many shooes John Meges hath since made and sonld of such faultie vnsealed leather they know not, but in this one paire severall evills appeare. First contempt of authority in breaking an order wherin himselfe w'h others had bine advised w'h and had approved it. Secondly, continewed vnrighteousnes in selling a small paire of shooes made both vpper leathers & soales of faulty leather at so highe a price, not acquainting the buyer w'h any defect, or purpose of any rcstctution if the shooes proved bad. Thirdly much appear- anc of guile in his late repentanc, returning so soone to the same sinn for w^h he had volluntaryly and publiquely judged himselfe. Wherfore reserving libber tie to themselues to lieare and consider any other mans complaint against Goodman Megges for selling such faultie shooes, Avhen any such shall l)e brought, the court, for this miscariage, agravated by the fore- named circumstances, ordered Goodman Mcggs to paye twenty shillings to the towne as a fine, beside due satisfaction to Moses Wheeler when it shall be required. John Jackson, Bcniamen Willmot & Thomas Yale Avere complained of for not comeing to watch, but it appeared they had not seasonable warning, and it was before the watches were setled in their course, therfore the court for this time jjast it by. Francis Hall was warned to the court and appeared, and was complained of for refusing to Avatch himselfe, and for counselling others to refuse it allso, Av'^h cariage holds forth contempt and a riseing vp against the authority of the place. Francis Hall sayd he spake some words to Seriant Fowler, but he intended no such thinge. Seriant Fowler sayd he sent Francis Hall word to come to watch one the third day at night, but he came not, nor any for him, so he hired a man to watch in his roome ; the next day he mett w'h Francis Hall at Mr. Evanc his house, and told him he should have attended his watch, but he hired one to watch for him, and bid him either paye him or watch for him againe, but he answered he would doe neither of them, and was verey stiffe & peremptory, and 1648] NEW HAVEN COLONY RECORDS. 387 though Mr. Evaiic and Robert Martin both perswaded him, he would not harken. Mr. Ling sayd that John Jones his farmer told him that Francis Hall dishartened him from watching, saying they should all fare y better if he, the sd Jn^ Jones, went not to watch. Francis Hall seemed to fall vnder it, & saide he rath- er beleived Seriant Fowler then himselfe, and doth allso beleive what Jno Jones saith, and submitts to the courte. The court considered the cariage of Francis Hall, and saw it contempt of authority w4i a disrepective cariage to the seriant in his place, and such counscll gave to others w<^h as in the nature of it tendes to disturbanc in the commonwealth, therfore ordered that Francis Hall paye as a fine to the towne, twenty shillings. Richard Myles and Rogger Allen were appoyntcd to prise the estate of William Ives deceased. Richard Myles, William Tompson & Mathcw Camfeild were appointed to prise and vallew the estate of Anthoney Tompson deceased. A Generall Court the 3''' of July, 1(348. Thomas Moris was admitted a member of this court and received the freemans charge. Mr. Gibbard being chosen the last court. Treasurer for Newhaveu for a yeare, did now desire the court to make choise of another, for he was not fitted w'h abillities to carie one that worke to the townes satisfaction nor his owne, l^ut would rather submitt to a fine and be spared from the place. It was propounded to the court wheither they would free Mr. Gibbard according to his desire, but the court did againe con- firme ther former choise, judging him a man meete and fitt for that place, and voted that Mr. Gibbard be treasurer for Newhaven for the ensuing yeare. The Governer acquainted the court that the heardmen have complained to him that y^ dry catle, as oxen and steeres, do so trouble their hoards that they know not what to doe w'h them. It was therfore propounded wheither the court would 388 NEW -HAVEN COLONY RECORDS. [1648 not make some order to p''veiit it, w^ii the court considered how to doe, and ordered that if any dry catle or oxen be found in the cowes walke to trouble the heards, the owner of them paye 3^^ a head, beside poundage if they be pounded ; and if any quarter or quarters shall agree together to di-ive out their catle or hire a keeper, and any refuse, they haueing had sea- sonable notice therof, the pticuler court shall judg of their miscariage, & order them to paye and beare charges w^h their neighbours, according to their proportion. The planters one the west side of the towne desired they might haue libbertie to fence in the oxe pasture laid out neare the towne, to keepe their oxen in, and some ppounded that that pt next the towne might be lett out to be planted for some yeares. The court considered of the propossition and ordered, that some be appointed to speake w^h the planters in the towne, to see if their may l)e such an exchange made be- twixt those one the east side of tlie towne, & those one the west; the one pt relinquishing their right in the Necke of July, 1648. Samuell Whithead, John Moss, Rogger Allen and Thomas Lampson were complaind of for being absent at the generall court when the names were read, they made their excuse that their cowes were lost the Saboth day before, and they were faine to goe lookc them, haueing no other to doe it, and Jn" Moss further saith that they had loaded goods aboard the lighter w^h he app^hended to be in some danger, l)ecause the winde was high that morning, and thought it his duty to goe and looke after them. The court considering that the case of them all is oxtreordinary, sent, and did now in court ingage them to Mr. Davenport, by way of security to satisfye and paye whatever shall be found due vnto him by arbitrators indifferently chosen betwixt them, betwixte this and the next court, or by arbitrators chosen for them by the court, or by sentenc, or any other waye the court shall order and appointe. Robert Bassett a planter in Newhaven, ^ Badger boatswaine, Charles Higenson marriner in y^ ship Susan, whoe had bine comitted to prison for a late disorder, released vpon baile and bound to answer at this court, appeared w^h Thomas Toby and foure others whoe came lately from Boston to worke vpon the ship hear built. The court was informed 50 394 NEW HAVEN COLONY RECORDS. [1648 that vpon the sixt clay last weeke, after sunn sett, their was a disorderly meetting and drinking at the house of Robert Bas- set, w«=h continewed, as was conceived, till betwixt tenn and eleven of the clocke, whcrin ther was severall miscariages, to the great provocation of God, the disturl)ance of y^ peace, and to such a height of disorder that strangers wondered at it, and Rol)ert Basset himselfe confesed he had not scene the like since he came. The manner and pticulars were as fol- io weth, [217] II Some of the Susans company, after their dayes worke was finished, comeing on shore mett w^h the master and owner of a pinnace lately come in from Boston, and foure of the workemen for the ship builte heare, and John Griffon. They we]it into Robert Bassets and called for sacke. He told them he might not draw less then tlirce quarts, w^h was a most pverse interpretation and aljuse of an order, as if the court would further driuikennes, forccing men to drinke more then they desired, wheras he should have drawne none at all ' in that waye ; the order being expressly made and penned to suppress such disorderly meetings and drinkings. No man w^liout speciall licence being pmitted to sell wine or stronge liquours by retayle in small quantities, much less to vse his house or cellar as a taverne for company to come in and spend their money in drinking wine or stronge liquours ; onely if a merchant will drawe out a pipe or pec, he might sell either to neighbour plantations or to the inhabitants of Newhaven a runlet, case of glases, or by the gallon for his private vse, but this company, being in number tenn, (besids Robert Bas- set himselfe,) Robert Basset drew them three quarts, and after in severall pcells, three quarts more at that sitting, by w^h means some of the company, (as appeareth,) dranke to excess and distemper, and brake into quarrelling and other sinful! miscariages. The owner of the pinnace, in their cupps, calling the boatswaine of the Susan, Brother Loggerhead, the boatswaine returns threatening language, thenc they grew to sideing, pt takcing and chalenging, then the master of the pinnace and the boatswaine goeing out of y^ house, fall first to wrestling, then to blowes, and theirin grew to that feircnes 1648] NEW HAVEN COLONY RECORDS. 395 that the master of the pmiiace thought the boatswaiiie would have pulled out his eies, and the markes of the blowes ap- peared some dayes after vpon his face ; and in this rage and distempr they toumbled on the ground, downe the hill into the creeke and mire, shamfully wallowing therin ; and had they not bine pted, they might have proceeded to further mischeife, for Charles Higenson, distempered as it seemes w'h drinke, in a way of sideing wt^h the boatswaine, grew quarrelsome, wher- w'h the owner of the pinnace, being affrighted, rann aboute y^ streete crying. Hoe, the watch. Hoe, the watch, and the watch being then in that pt of y^ towne walking the rounds, made hast and for ye p^sent stopped the course of j^ disorder, but in this rage and distemper the boatswaine fell a swearing, wounds & hart, as if he were not onely angry w'h men, but would provoake the highe & blessed God. After they were thus pted, the master of the pinnace went to y^ watter side, but the season not serving to goe on board, he returned to Robert Bassets house, and their the boatswaine fell vpon him againe and theirby frighted Robert Bassets wife & child. Robert Basset moved therw'h, thrust the owner of the pinnace out of dores & told him (as himselfe confesseth,) that if he had him in place where he would beate out his teeth, or as Thomas Toby, (Robert Bassets witnes,) relates it, he would make him sucke as longe as he lived ; which words argue dis- temper, and are vsed by drunken companions, so that the dis- order was verey great and verey offensive, both to y^ neigh- bours, the noyse & oathes being heard to the other side of the creeke, and to others who coming theither observed onely some pt of their miscariage. And though it be not fully proved that Thomas Toby was distempered w^li drinke, & him- selfe denyes it, yett he had a share in the disorderly drinking, and furthered it by drawing, (as himselfe acknowledgeth,) one quart of the wine when they had had two much before, W^h was the worse in him, haveing bine one before fined in this court for miscariage in drinking, w^h in himselfe and oth- ers should have made him more watchfuU against such disor- der. This sinful! miscariage bemg thus opened, and the pticu- 396 NEW HAVEN COLONY RECOEDS. [1648 lars in substanc acknowledged by the pties therin concerned, the court proceeded to sentenc, and first finding Robert Bas- set guiltie of the breach of a knowne express order of y^ gen- erall court, in such selling wine and suffering company to com in, spend their money and sitt drinking at such vnseasonable bowers, all agravated both by the warning himselfe had in John Lawrenson & his wifes case, whoe were fined for a less miscariage in strong liquours comitted in his house, and by the sinfull efects wh followed vpon this disorderly drinking, as quarreling and fighting w^h disturbanc of the peace as before expressed, swearing in such a fearfull manner as might justly have brought downe the wrath of God vpon the swearer & that whole company, frighting his owne wife and child, and his owne quarreling & threatening, w^h the spirit and in y^ phrase of a man distempered w'h rage or drinke, the court ordered him to paye five pounds as a fine to the towne. And that ^ Badyard, the boatswaine of the Susan, for his distemper in drinking, his quarreling, fighting, and swearing, thoughe Mr. Evanc and Robert Martin testified for him that his course and cariage hath bine faire & free from swearing to their best observance sine his first coming heither till this pi'sent miscariage, w^h did mittigate the censure, yett the court ordred that he paye to the towne forty shillings as a fine, and that Charles Higenson paye 10% and Thomas Toby 5s. And for y® foure strangers w^h came to worke vpon the ship hear built, their being neither proofe nor charge against them for excess in drinking, quarreling, or any other miscar- iage, save their beeing in company in this disorderly meetting, the court onely advised them to take it as a warning against all future disorder. Adam Nickholls was complained of for not comeing to watch, he answered that he had lett his watch for y" whole yeare, and he that he hired fayled him. He was told that he must answer for his man & require remedy of him againe, for w^^h neglect he is fined 5^ He was complained of for come- ing late w^h his armcs one Lords day, he sayd that his wife & child was sicke ; he was told that if could say that was y^ 1648] NEW HAVEN COLONY EECORDS. 397 reason at this time, ther might be something in it, but he could not afirme that, whervpon it was reifered to another court. Henry Pecke & Joseph Pecke were complained of for comeing two late w^h their armes on Lords day in y^ morning ; they answered that y^ night before they watched & had no rest, & when they came home they went to take a litle rest, that so they might be y^ fitter for y^ ordinances & not sleepe, vpon w^h consideration, for this time, y^ court past it by. jVfris Plume and Samuell Plume p''sented in court an inven- tory of the estate of Mr. John Plume of Totoket, deceased, but because it was not vnder oath of y^ appraisers according to ye generall courts order, the court accepted it not, but onely kept ye copie, inioyning them to bring in one according to order y^ next court, or elc to show just cause why not. [218] II John Hall ha^^ng formerly pleaded for a portion for his wile of 10^ out of the estate of Mr. Wilkes, due to her by promise, as did appeare by the testimony of William Paine and Bridget Wilkes vpon oath, and at the last court renewed his plea, and produced another witnes, vizf^, Jonathan Marsh, whoe was allso heard and examined vpon oath, but the cause for some reasons then sliowen, was not issued, therfore he did now renew his desire that the court would be pleased to put an issue to it, and Goodey Hall being present was asked why her master Wilkes promised her 10^ if she served out her time. She sayd because he knew she deserved it. The in- denture wherin Goodwife Hall was bound to Mr. Wilkes was called for and allso read in court, wherin it appeared that she was to serve him for 5 yeares and to have 3' a yeare, w^h the court judged competent wages, her passage being allso payde for by Mr. Wilkes, so that the act was alltogether free one Mr. Wilkes his pt. But he haveing promised and ingadged himselfe to doe it, as appeares fully by testimony of ye wit- nesses vpon oath, therfore it becomes a due debte to her. Tlier- fore the sentenc of the court is that Mr. Robert Newman, executo'' of y^ estate of Mr. Wilkes, paye to John Hall as a debte due from Mr. Wilkes to his wife, 10^. James Hayward haveing at a court, December y^ T^i' 1647, 398 NEW HAVEN COLONY RECORDS. [1648 entred an action of defamation against William Wooden, w'^li was opened and witnesses heard and examined, but then was respited by ye court, whoe waitted for some further light out of' ye Baye concerning this thing, w^h now being come, James Hayward desired that their might be an issue put to it, whcr- vpon the proceedings of that former court was read and a fur- ther testimony of Beniamin Hill vpon oath, taken before Mr. Malbon the 25t'' of Maye 1648, wherin Beniamin Hill testify- eth that he heard William Wooden saye, James Hayward was hollowe harted, and if ye church knew that he heard, he would not be received againe, and that he would be banished if all was true he heard (or they knewe as much as he,) and that he dealt basely w^h him at Captaine Turners, haveing put a pece of leather of Captaine Turners into his knap-sacke in way of spite, James and William being fallen oute, and that James charged William Wooden that he had stole y^ leather, therfore he conceives he put it in, because he was so readie to charge him wUi it. Likewise the testimonyes w^h came from the Baye were read, wherin it appeared that the things charged by William Wooden and witnessed by John Mascall were true in ye substanc, thoughe William Wooden had spread them in a defameing slanderous waye, and taken vpon him to saye that he would be banished, which was none of his worke nor place to doe. Likewise James Hayward his owne letter now produced, showes that he hath brought an ill report vpon ye place, reporting things of it that were not true. And by Goodman Pery and his wives testimoney vpon oath appeares that he dealt not truely in his promises, but was false harted towards their daughter, and that he was given to disorderly drinking in ye Baye. And by Mr. Noris his wright- ing it appeares that he had not caried things fairely w'h him. And Goodman Pery and his wives testimoney speakcs to that purpose allso. James was now asked what he had further to saye, and why he denyed that to ye court weh he had written in his letter. He sayd he knew not when he answered in court that he had so written, w'h the court knewe not how to beleive. James confessed ther was more discovered by the providenc of God then he did expecte, w^h yett did not excuse 1648] NEW HAVEN COLONY RECORDS. 399 William Wooden in his slanderous course, w^li the court admitted, and as formerly, so now witnessed against him for it. And William Wooden himselfe did acknowledge that the manner of his reporting was scandalous, and that he was out of his way when he sayd he would be banished, l)ut he left himselfe w'h the court. Both ptyes haveing spoken what they would in the case, the court proceeded to sentence, and ordered that William Wooden, for his miscariage in spreding the things in a slan- derous way and determining banishment, W^h was none of his worke, paye the charges of y^ court ; and that James Hay- ward, for his owne sinn, beare his owne shame and charge he hath bine at in sending and goeing into the Baye, w^h falls justly vpon him. William Pecke, one of those intrusted to ouersee the estate of Robert Preston deceased, desired to knowe if they might not paye some debtes that are due out of the estate. The court told him, so they paye nothing but what is justly due, and what Robert Prestons estate maye beare, they maye. A Court held at Newhaven the 5''' op September 1648. John Vincon was complained of for want of aboute three quartrs of a pound of bullitts, he sd he knew it not, and see- ing he is now provided the court past it by wUi 6^ fine. Mr. Ceffinch was complained of for comeing late one Lords day w'h his armes, & Jn° Downe his man allso. For his man he saith he was necessarily hindred from y^ meetting. For himself, he came in before Mr. Davenport, and others was late allso, and instanced in Thom : Meekes, but for himselfe he was fined 12^. John Downe, Mr. Ceffinch his man, for absenc at a squad- ron trayning was fined 2^ 6'' . John Herreman was complained of for not bringing his armes one Lords day. He said it was because he hath two chilldren, and either his wife or he must staye from y^ ordi- nances at home w'h them, or elc he must bringe one of them 400 NEW HAVEN COLONY RECORDS. [1648 and then cannot bring his amies, but y^ court judged that this was but a common excuse that many might make, and if it should be attended the service would be neglected, therfore agreed the he paye y^ fine, W^h is 5^ Martin Tichener was complained of for comeing late wMi his armes one Lords day, & allso for want of suitable bullits for his pec one viewing day ; but because y® sariants note is somewhat imperfect w^h complaineth of these defects, it was respited till next court. Henry Gibbons was fined for late comeing one generall trayning day (as himself confesseth,) 12'^. And for late comeing one squadron trayning Q'^. And for not bringing his armes to be viewed one morning to the sariants house as he had warning to doe, 12^. In all 2% 6''. Henry Byshopp for want of some bullits & not being yett provided, was fined 12'^. Peetcr Browne for y ^ like was fined 12"^ . [219] II The court was informed that Adam NickhoUs came late w^h his armes one Lords day, but because it depended somewhat vpon the corporalls witnes and he is not in court, it was respited till the next court. Thomas Meekes was complained of for comeing late w^h his armes one Lords day, he saith hee thinkes he was their before exercise begane, but leaves himselfe w^h the court, was find 1 2^ . He was complained of for aljsenc at the generall trayn- ing yesterday, he said he was not well, but it was said in court that he was at worke, w^h others tooke notice of and was offended at it, for w'^h he was fined 5^ Job Hall for want of some match & a worme was fined 12'i. Jeremiah Watts for want of some po"" & bullits was fined 2^. Thomas Lampson being warned to this court for some defect in his armes, appeared not, Wh hath a show of contempt, & therfore is to answer it at next court. The marshall informed the court that he had demanded the fine of Robert Basset w<=h was laid vpon him for his disor- der, he refussed to paye & said he would have the matter scanned ouer againe in y^ court. TChe court ordered that he 1648] NEW HA YEN COLONY RECORDS. " 401 paye his fine betwixt this and ye next court, or elc make his appearanc then & their to show the reason why he payes it not. Mr is Plume of Totokett and her sonn Samiiell Phime brought into y° court an inventorie of the estate of Mr. John Plume deceased, amounting to 366': 09^: 01'^, prised by Rob- ert Rose, Robert Abut & Lawranc Ward vpon oath the 4^^ of Septembr, 1648. Samuell Plume pleaded for a portion out of the estate, but because the witnesses were not readie, it was respited, onely M^is Plume said it was her husbands will that he should have lOQi & a note from Mr. Swaine signifyed as much. Henry Bishop informed the court that he had, according to the courts order y^ last court, indeavored to gitt arbitratoi's to issue the matter in differenc betwixt him etter of another for 8^ <>' . The senteiic of the court is that the shooes Mr. Pery hath had of Jn.0 Megs, being duely vallewed by Leivtenant Seely & Thomas Beament, be deducted, the rest to be pd to Mr. Pery in wheat, after the rate of seavcn bushell for the whole, and that the charges of the court be borne equally betwixt them. And for the contemptuous cariage of John Meggs to the court in refussing to fullfill their order in the attachment laid vpon the corne the court fined him xx^ Widdow Tompson was called to put in securitie for her childrciis portions, but she not being fit it was respited. William Pecke was complained of for absenc at a generall court, he answered he was not well to come, whervpon the court past it by. William Baset was called to put in securitie for y" portions of his wives chilldren, but it was respited. James Till was warned to this court to answer for his con- tempt in not appearing the last court ; he saitli that he acknowledges he was served w^i a warrant to appeare at the last court but did not, but haveing a lighter load of haye to empty went about that, w^hout asking leave of any magis- trate. Thomas Barnes informed the court that he served a war- rant vpon James Till two or three monethes sine, but he could not gitt him to appeare, but hath all way shifted him of one way or other, but this he hath to inform the court against [225] II him, that he, the said James, stole a sitlie w'^h he left in the feild, taking it of from the snath and vseing it as liis owne, w^h charge James Till owneth & acknowledgetli it to be true, and that he had slandered Thomas Barnes by reporting that he did but take his sithe as lie, y^ said Barnes, had taken a grubbing axe of his, whenas Thomas Barnes had borrowed the axe of James Till as he now confesseth. Allso Mr. Gibbard, the treasurer, informed the court that James Till found a dead woolfe in the woodes, & cut of the head and brought it to him to be payde for it, saying he had killed it hy 1648] NEW HAVEN COLONY RECORDS. 419 setting a giinn, and gott a noate of him to receive 15^ for it & therin by lying deceived the towne whose order is that those that kill woolfes, ( present is come to hand, wherein yow take notice of fauour to yow in taking the thre fugitiues, & promise as opportunitie shall present, to doe the like for vs, but I suppose yow would better consider it, then to send vs any pson of ours (with yow) wee claiming him or them, as from our owne Jurisdiction, but I haue wliat may bee spoken in that poynt to further information from our Gouern'". I further pceiue yow are informed of our discontent in tak- ing awaye the ship oute of our harbour, yo'" Capt*^ knowes wee carried it with loue & respect to him, & without any ap- pearance of discontent, when hee shewed yo"" comission ; and S"", if Avee had bynne greived or offended, we had a full oppor- tunitie to haue righted ourselues, yea, if we would haue giuen libertie, & ourselues not haue acted, yow had failed of your purpose. But that which moved vs, (and doth offend vs att this pres- ent,) is that yow, in a letter to Mr. William the merchant, write that he was in your liarbour, the whole towne taking- notice of that claime did forthwith resolue to stay the ship, and accordinglie attempted it, but to late, for allthough neigh- bourlie correspondencye is desired and will euer be indeauored, yett the English in these partes will not easilie be brought vnder any forraigne nation, nor loose theyre lawfuU rights, and priuilidges not only purchased of the true proprietours, the Indians, but allsoe by pattent from the King of England many yeares since, yea, allsoe our Gouern'", Mr. Eaton, is all- soe a pattentee of that graunte to the Bay of Boston ; & it is well knowne to most that o"" friendship with the state of Eng- land, & theyre fauour to vs, is as free & as full any in New England, & we came with theyre full consent & approbatio, & more then ordinary incouragement ; wee purpose, neither haue we any thing in our hearts but loue & neighbourlie cor- respondencie with yow ; & in nothing are, nor I hope shall bee iniurious to yow, or any of yours, but if we shall be requited with the contrary, I doubt not but through Gods asistance, yow 512 APPENDIX, "will finde vs able to maintaine C iust rights, and not in the least to fearo the sword or threats of any adversarie, but if yow still desire any neighbourlie correspondence, (as you desired it when I was with yow,) yow shall finde us ready to our vtmost. I am in haste, your seruant calling for my letf; only one word to desire yow to send me 50 or 100 skipples of salte, and to fetch your beefe and porke ; I doubt I must pres- entlie kill the beefe, for it will fall dayly. I cannot yett gett or procure men to thresh corne, but I shall further it soe farre as I may ; your fiskall hath only receiued 25 gild«"^ I prof- erred him what euer hee desired, but it was what hee would accept for his present occasion, soe in greate haste, desiring yow to excuse my scribling, 1 rest. Yours in what I may, Stephen Goodyeare. Not dated, but it came with the fiskall with the other two of Mr. Eaton. E: Governor Stuyvesant to Governor Eaton. The answere to Mr. Batons letter, being directed to the Right Worsh^i Theoph : Eaton, Gouernour of Newhauen. Yours of the 15*'' of Octob'" st : vet : I receiuied ; the ob- stacle is yo^ misenterpreting of some passages in myne to yow, for the cleering of which & remouall of all doubtes & ieal- ousies, I hereby declare, I doe not in any measure desire either to usurpe vppon your right, or assume vnto my selfe any power or gouerm* oner the English there ; but as I haue for- mcriie writt to yourselfc, and others, I am, (and hope shall soe continue,) as studious for tlie preservation and encreasing of loue and amitie betwixt your nation and ours in these ptes as any, of the which I suppose you cannot be ignorant, in my propositions to my worthy friend, Gouernour Winthrop, the which I shall on my parte ))e ready to make good and giue pregnant tcstimonie to the world of my readines & willingnes of a faire and neighbourlie composure of any difference be- tweene vs, (God blessing) our ioynt meeting with the comis- sion'^s "vvhen the tyme shall be appointed. For what have I either written or done, that may seeme ofifensive to your self, or any other impartiall wise man, I as APPENDIX. 513 yett am ignorant, for I suppose they cannot but knowe, that (as I am deputied by authoritie from my souereigne Lords and masters, the High & Mighty, the Estates Generall of the Vnited Belgicke Provinces, soe to them must I giue accompte, and by them be adiudged in whatsoeuer shall appeare amisse in any action or passage of myne ; and should I, in the least measure, transgresse in the observation of theyre commands, yow well know my lyfe, estate and reputation lyes att stake and must answere, and therefore for whatsoeuer I haue done con- cerning my countriemen in my supprising theyre ship there, they may haue recourse to the Justice of theyre natiue land, and I shall not only deliuer them theyre comission, but the coppie allsoe of all our proceedings heere against them, and for my threatning of any belonging to your Jurisdiction, I sup- pose yow are either misenformed or mistaken ; therefore I shall entreate your deliuerie of the fugituies to this bearer, our commissaries, your charitable opinion both of my actions and intentions, your compliance, & correspondent neighbour- lie respect from one to the other, a leaning of all altercation on either side, but a ioynt indeavour in vs both for the full effecting of all mutuall offices of loue, and composing all dif- ferences, att our ioynt meeting in the spring with our worthy friends, the Gouernours of Boston & Plimouth, I shall rest Yo''s in any office of Christian loue P. Styvesant. Fort New Amsterdam in New Netherlands, Nouembr 13th, 1647. st : no : F. Governor Stuyvesant to Deputy Governor Goodyeare. The answere to Mr. Goodyears letter. Yours I receiued wherein yow are pleased to write concern- ing my supprising the vessel! there, and of your townsmens discontent att some passages in my letter to Will : Wester- howsc ; what he hath diuulged I know not, yett sure I am, I was desirous to carrie it as inoffensiuelie to my neighbours there as I could, howeuer they may apprehend, yett you and yours shall reallie finde mee as cordiallie willing, att all tymes and all occasions, to indeauour a continuance of all friendlie and neighbourlie amitie betwene vs, allthough haplie many Q5 514 APPENDIX. vaine rumours may arise whereby iealousies & discontents may be fomented. I haue sent according to your desires for the receiuing the prouisions. For whatsoeuer yow shall please to deliuer to our comissarie, his note shall be a sufficient discharge. S"", I thanke yow for your supplieing our fiscall and for your further tender to him, and your respects to my selfe, the which I shall in- deauour to requite, and remaine. Your assured louing friend P. Styvesant. Fort New Amsterdam, in New Netherlands, Nouembr the IS^h, 16i7. St : Nouo: G. Governor Eaton to Governor Stuyvesant. Mr. Batons 4ti' letter. Sr: By yo^" comissarie I haue latelie receiued yo'"^ dated No- uemb"" the 15^'', new stile, but finde not that satisfaction therein which I expected. My former, Octob"" the 8'^, (though it came to your hands in that of the 15' h, delivered by yo'' fiscall,) yow mentiouynot, & your expressions in this, (considered with the questions betwixt vs,) are att best darke and need explanatio : how you can saye you desire not, in any measure, to vsurp vppon our right, when yow lay claime to the land, riuers, streames, &c. W^h iustlie belongs to the English coUonies, I vnderstand not. It is well knowne, both in Europe & heere, that by auntient pattent, the Kings of Engl : haue graunted (all that pte of America called New England, lyeing & being in breadth from 40 to 48 degr. of northerlie latitude) vnto his subjects for they re incouragem*^ to settle & plant abroad ; and accordingiie, vppon due purchase from the na- tiues, the true pprietours of the land, (for we found it not a vacuu,) we haue built, fenced & setled our sclues heere, nor hearing socmuch as of any the least pretence the Dutch did or could make to any of this land, in many yeares after ; it is true that aboute fine yeares since, yo"" predecess'', Mouns"" Will : Kieft, grew iniurious to vs, both att Deleware and else where, wee then witnessed & protested against his course, & required satisfaction, which we still expect, & in due tyrae shall offer the particulars to consideration. APPENDIX. 515 From your selfe, according to the teimour of yo"" first lett's, wee hoped for a more neighbourlie correspondence, but yow haue not only trod in his steps, but in a short tyme since your entrance, liaue aUready, in some respects, gone beyond him, as may appeare in tliis briefe account of particulars. In yo''^ of the 25*^ of June, to the Gouern>" of the Massa- chusets collony, w'^h yow now mention, yow pretend an indu- biate rigUt to all the land betwixt Conneticut & Deleware ; in yo"" protest dated Octobr the 12'^'', yow grow in your demands, extending yo"" limmits from Cape Codd, within Plimouth col- lonye, to Cape Hinlopen towards the sowth, (a place or name to me yett vnknowne ;) yow charge Newhauen in particular, as vsurping your grownds, land, riuers, streames, & are offended for they re trading first with Simson Johnson, since with Will : Westerhowse and other Dutch men ; yow ceise a ship in our harbour without licence, pretending title to the place, & complaine of a purpose & iust resolutio in vs to vin- dicate our owne right in a lawfull waye ; yow require vs to send the Dutch merchts & theyre goods, with a recognitio, &c., to the Manhataes, and if wee attend not your directions, yow threaten hostilitie to Newhauen, pretending to keepe peace with the other collonies, & in yo"" letter which came & beareth date with the forementioned ptest, you vniustlie charge vs concerning jo^ fugitiues, & in a comanding, threatning stile, require them from vs, & att or aboute the same tyme, in a letter to Will : Westerhowse, (as I am informed,) you threaten to fetch his goods oute of Newhauen by force ; you haue imposed or taken an excessiue high custom, excise or recogni- tio for all goods sould within your jurisdiction, with ceisures for omissions or misentries ; our vessells must anchor vnder your erected hand, a place very inconvenient, and as if you ment to shut vp the passage by the Manhataes, or by vnsuffer- able burthens to weariethe English oute of trade, youbeginne to take recognition, &c. vppon goods traded elsewhere, & in theyre retourne passing only by the Manhataes ; I heare allsoe you threaten to burne or beate downe our trading howse, built vppon our owne purchased land, within our owne limits, and farre from any trading howse of yours or any pte of Hudsons riuer, and which is yett worse, it is reported to vs by seuerall psons & from seuerall jjlaces, that your secretarie hath indeau- oured by a slanderous report to incense the Long Isl : Indians, and your selfe, att Aurania fort, haue attempted to trye other companies of Indians against the English. If this agree with rules of Christianitie or good neighbourhood, I doubt not but we may retaliate and when wee see cause turne the edge and 516 APPENDIX. point of those weapons vppon your seines. I enquire not after your grownds in sending Captaine Forrester to Holland, the English collonys may haue occasion to write after the same coppie hereafter. In the meane tymc, the scope and tendencye of the pre- mises doth directlie crosse & contradict your profession of peac and amitie, & will in each particular afford matter of serious consideration to the English collonies, an^ vnlesse things be cleercd speedilie to satisfaction, yow will constreine vs either to require and receiue recognition in proportion to what wee paye, or to prohibit all comerce betwixt the English and Dutch jurisdictions in these partes ; for our selues we accompt and with good warrant call our title to the land, riu- crs and streames wee posesse, an indubiate right. Wee know wee have as full libertie to trade with Dutch merchants within our harbours & to admit Dutch inhabitants into our planta- cions as yow the English, in either case ; yett wee readilie close with your propositions to considder, examine and issue all differences, and though it be not vsuall for one ptye to choose both arbitratours, I shall for this once consent to the choice your selfe haue made. The Gouernours of the Massa- chusets and Plimmouth collonies are men approued for wisdom and integritie, nor shall I differ from yow in those circum- stances of tyme and place, supposing yow will haue due res- pect to conueniencye, only by way of preparatio it would be considered and agreed what shall be put to referrence, wheather the title of land, riuers, streames, &c., or any pte of the forementioned tract from 40 to 48, including the Manha- taes and Newhauen, or only other questions and iniuries which haue bynne formerlie or more latelie greiuous and are not yett satisfied. If yow please herein to expresse your meaning ful- lye & cleerlie you shall finde mee reall and readye to meet you in any peaceable & iust waye. In expectation of your speedy answere that occasions may he ordered accordinglie, I rest, Yo"" louing friend, Theoph: Eaton. Newhauen in New Engl : Nouemb-^ IGt's 1649. st : vete : APPENDIX. 517 H. Deputy Governor Goodyear to Governor Stuyvesant. Much Honoured S'", Yc beefe according to couenant is deliuered. Mr. Keisar yc Commissarie, his late comeing being very pr[ ] (cattle being fallen in tlieire flesh) & yett nothing to yo'" ad- uantage,! was necessitated to furnish a greate pte out [of what] I had puided for the Barbadaes, but my indeauours are, & shall be to my vtmost to pforme my couenants in all thi[ngs. I] desire wee may attend peace & neighbourlie loue, & corres- pondencie one with another; and if in any thing wee may pleasu [ ] I shall be ready to my vtmost to shew it in any friendlie & neighbourlie waye to doe it. I reioyce to heare of the late blessing in the little one giuen you, & of yo^ wifes strength, soe comitting yow, & your weighty affaires to Gods goodnes, I rest. Yours in any office of loue to my power, Stephen Goody eare. Newhauen, Nouemb'' the 22^'', 1647. Governor Eaton to Governor Winthrop, of Massachusetts. Yours of the 9*" came to my hand the 24*^ of Nov: w*'' one inclosed to the Duch Govern''. I am much ingaged to you, for your labour of love, and should gladly improve any oppor- tunity, in a way of thankfull returno. In all afflicting providences I desire to looke higher then the instrument, I can also readily confess w^h you, that our holy & righteous father hath just cause of controversy e w^h all the colonyes & churches in these pts, for abating, if not declining, from their first love, zeale, workes, &c. And could heartily wish that besides prayers, &c. the magistrates and elders would joyne heads & hearts, fill up their places & improve their interests (as Esay & Hezekiah, whom you mention to another purpose, Ezra and Nehemiah,) for a thorough reform- 518 APPENDIX. ation, that our wise & gracious God might finde & see many making up the hedg and standing in the gapp, soe prouokes the Engl : att Sowthampton, that had they had order they would haue staide Gouert & his vessell ; since w<^h i ynderrtand that Dauid Prouoost in that pte of Long Isl: hath indeauored to take, (as it were,) the ground from vnder the feet of the English, purchasing lands w^'' the Indians haue long since passed ouer & vnto which the Eng's for many yeares haue had a knowne & vnquestioned right, & had giuen a price for the same, till the Indians, (con- vinced by the English of theyre vnrighteousnes,) retourned his pay. These concerne the Engl, collonies more generallie & are as soe many sparkes fitt to kindle a fire of contention, but I should allsoe haue added yo^ late proclamatio, which is a reall inuitatio to discontented psons & delinquents to become fugitiues, with seuerall other greiuances which more directlie concerne Newhaucn, to those mentioned No"" 16, 1647, but that by yo"" letf^ to Mr. Goodyeare, Decembr the 13"% lo the Gouern'' of the Massachusets, Febr'"y the 8"', it appeareth yow tooke offence att my open dealing, tending only to prepare for a meeting wherein all questions & iniuries might be duly con- APPENDIX. 525 sidered, satisfied and remoued, & a iust wholesom peace setled & confirmed betwixt the Engl : & Dutch in these ptes. To conclude, I soe fully close with the contents of this yo"" last letf that I haue allready written to the Gouern^s of the Massachusets to furtlier the meeting, & to the Gouernr of Conneticut to enquire if further light might be had from Sowthampton, (which is in that jurisdictio,) concerning Gouert Lockoman crooked & puerse waye. In the meane tyme, our owne iust rights duly preserued in retourning of fugitiues, & in all other offices of neibourly correspondencie, I shall walke with yow passib. gequis, I rest, Yo"^ louing friend, Theophilus Eaton. Newhauen in New Engl:, May the 31th, 1648. st. vet. N. Governor Eaton to Governor Stuyvesant. Mr. Eaton's 2<^ letter. Honoured S"" In my last, by yo^" secret., May the Sl^ii, (48,) I exprest my full closing with the contents of yc^ dated May 2S^^\ new stile. By letters from the Goueru'' of the Massachusets, I am since informed that he had rec^ yo''^ of Aprill the 3^ & May the 24th, that with much content he intertaines yo"" motion for a meeting & treaty att Conneticut, & vppon a retourne from the Gouernr of Plimmouth will more fully satisfie. In the meane tyme, I shall offer to yo'' consideration wheather by waye of preparation it may not conduce to a more speedy & comfortable setling of things, if you thinke fitt to admit Mr. Will. Westerhowse to open his cause & speake in his owne defence. Heatherto I suppose all intercourse hath bynne by messengers or letters, wherein there may be somthing mista- ken or somthing omitted w^h might cleere or mittigate the offence or censure ; if, therefore, yow please to graunte him, by yo"^ letf to mee, or otherwise, as shall seeme best to yc selfe, a warrant or safe conduct to come to the Manhataes, to stay there a conuenient tyme, & againe thence to retourne in safetie, without molestatio, either by land or watter, that hee may expresse & open the grownds of his former proceedings & present hopes to receiue a milder issue, (in a cause soe 526 APPENDIX. weighty & neerelie concerning him,) then the former sentence & executio importe, I shall adnise him in that waye to attend yow with his first conueniencic. I desire yo^ answere, but to preuent mistakes shall assure yow, that though vppon different apprehensions yow for the present refuse to heare or treate in this matter, yet on my pte it shall neither hinder nor cast any new difficulties vppon the meeting ppounded. I rest, Yo''* in all offices of neighhourlie correspondence, Theo: Eaton. Newhauen in New Engl. June the 20th 1648. St. vet. O. Governor Stuyvesant to Governor Eaton. The answere. Honoured S"" Yo''s of Juno the 20t>i, st. vet., I rec', & pceiue that my ppositions for a meeting att Conneticut are well accepted both by yo"" selfc & the worthy Gouern'' Winthrop. In his to me I vnderstand the tyme will be aboute the middle of Sept'". I shall further entreate yow if it may stand any waye with yo*" conueniencic, that the s^ meeting may be aboute the 20"' of Augst, ould stile, in respect o"" shipping will presentlie after be ready to goo for o"" natiue countrie, and I should be very glad by the first opportunitie to giue accompt to my Lords the Es- tates Generall of my pceedings with yow, & shall then haue opportunitie of sending one expresse to my s<' Lords, other- wise I shall haue noe opportunitie till the next summer. And whereas yow are pleased to write concerning my countriefhan, Will. Westerhowse, that he may haue free admissid hcere, without molestatio, either by land or watter, I shall desire yow will please to excuse me therein, in respect I cannot pmit to come hcere without questioning him for his contempt of the souereigne justice of o"" natiue land in his disobeying theyre established orders ; but if hee hath any thing to speake to me, I doubt not Ijut with the pmissio of God to make him an ans- were att Conneticut, & soc S"", for present I shall take my leaue & rest, Yo'"s in all rcall offices of louc, Pet: Styvesant. Fort New Amsterdam in New Netherlands, July the Sth, 1648. st. no.. APPENDIX. 527 P. Governor Eaton to Governor Stuyvesant. Mr. Eaton's aiiswere concerning the Comissioners being sent oner land by one expresse. Honoured S'' I vndcrstand from the Gonern'' of the Massachusets that he hath written by a vessell bownd to Vir[ginia] and that Ictt'" may possible be with yow before this came to my hands, yett considering the conueyanceby s[ea] is vnccrtaine & somtymes slowc, I thought fitting to send an expresse that yow may order occasions accordinglie. I haue with my vtmost indeauor recommended yo"" ppositio that there might be a meeting, to settle peace vppon due considerations & vppon a firme Ijottome, & did desire that the place & tyme might suit yc conuenien- cie, the Gouern'' of Conneticut did in all respects fullie concurre, but it seemes Mr. Bradforde & the comission''^ for the Massa- chusets haue other pressing occasions, w^^ they cannot broake through, for that the meeting must necessarilie be deferred till the Spring or till the middle of Jnne, but wheather sooner or then, (if the Lord will,) I shall readilie attend it. In the meanc tyme, (referring former questions to a due considera- tio in the fittest seaso,) I shall walke with yow in all wayes of righteousnes, peace & neighbourlie respect, & shall rest, Yo'' lo : friend, Tlieo: Eaton. Newhauen, Aug. 4'^, (48) st. vet. Q. Governor Stqyvesant to Governor Eaton. Honoured S"" Yo" of the 4th Qf August, by yC messenger, I rec^', to- geather with 2 from Mr. Winthrop, of one by Mr. Peblcs, the other by the man yow sent, wherein I vnderstand of the differ- ring the meeting vntill the next yeare, through some indispo- sition in Mr. Bradforde. I shall therefore recommend vnto yow that in the interim there may be all neighbourlie & miitu- all intercourse of friendship between vs, & noe incroaching vppone one anothers pretended right, vpon any pretences 528 APPENDIX. whatsoeuer, but that things may remaine in the same state as they are, vntill wee shall come to a friendlie, iust and faire agitation. I shall likewise informe yow that yo'' intertaine- ment of my countrieman, Will. Westerhowse, amongst yow is not only dangerous, but may prone destructiue to yo''selues & the other plantations in his vnderhand selling of gunnes & powder, for I haue sufficient tcstimonie of one of ours that bought 50 gunnes oute of his ship & being questioned, (by our court heere,) for it, confessed it, & that he sawe 8 or 9 che§ts more of gannes aborde ; and, as I am likewise in pte informed, sould one of yo'" towne (who vseth to trade) some 50 more, so tliat by computatio there was aboute some hue or six hundred gunnes aborde the ship purposelie for that damnable trade with the Indians. This I am snre of; there was taken oute of the ship, (after she was heere,) some 500'' of powder in brand- wine caske, besides his ships store. Soe much I thought good to giue yow a touch of, that yow may doe therein as yow in yo'' wisdom shall thinke conuenient. Gouert intends to come amongst yow to purge himselfe of those things obiected against him. Whereas of late there are two fled from our ptes, the one of them by name James Turner, a squint eyde fellowe aboute 35 or 40 yeares of age, the other likewise a well sett fellow by name James Hallet, aboute the same age, I shall request your asistance in apprehending them if in yo'' ptes, 's for the Massachusets haiic latelie certified me that with conueniencie they cannot meet at Conneticut, besides Mr. Bradford his indisposition to trau- aile, of W^h I wrote formerlie ; Mr. Dudley, one of the present comissioners, is aboue 70 yeares of age, and vnfit for such a iourney. By yoi's of the 26'-'i of May, I vnderstand that the 10 p cent, formerlie required & taken for good[sJ imported, is only for the present suspended, it may then be reimposed or increased att pleasure, which yow know cannot satisfie; that the hand erected for anchoring is dowiie by accident, and shall be sett vp noe more, but I desire if yow please to be further certified, whoather the English in tlieyre trading att the Manhataes, and in theyre passing by to and from Delcware, Virginia, &c. may expect a full freedome from all recognition, imposition or charge, by what name soeuer called, both for goods imported and exported, or what duties, restraints or confiscations they must paye and submit vnto, & vppon what grownds, that the merchant seing his waye, may walke safelic, and the comis- sion'"^ may order theyre counsells and courses accordingiie, as they wrote to yow from Plimouth, Septemb'' IBt'', 1648. So S"", 1 take leaue & rest, Yo''s in all offices of loue, Theo: Eaton. Newhauen in New Engl : June the 7t's 1649, St: vet: X. Governor Stuyvesant to Governor Eaton. The answere. Yo'"'* of the 7th of June I rec"^ and wonder much att Mr. Allertons neglect in shewing yow the letter and discharge con- 536 APPENDIX. cerning the cowe ; assone as he retournes I shall speake with him aboute it, & then write to yow againe. Concerning yoi" ptest against my predecessour, Mouns'' Kieft, aboute some passages att the Sowth riuer, called Dele- ware, I doubt not but what he did was vppon warrantable grownds, and made yow a sufficient answere, but concerning our right there, and of my intentions of maintaining it, I haue allready written to the goucrnours of the Massachusets & Plim- mouth, who I suppose will acquaint the comissioners with it. Whereas yow write to me concerning yo'' countriemens trading heere, and passing to and from Virginia and Dele- ware, &c. I haue allready written & graunted as much as I can or dare doe, vntill I haue further order from my soue- reignes and masters, and am not to be responsible to any but them, nor regulated by any but them. Your assured friend, Pet : Styvesant. July the 2 J, (1649,) St: no: INDEX. Abbott, Robert, goodman, 10, 76, 86, 138, 152, 156, 162, 168, 401. » Ab.sent lots, see Vacant lots. Acie, Ruth, 84. Adams, Edward, 46. Addams, Thomas, 140. Akerlye, Henry, 32. Alarum, soldiers to repau- to the meetinghouse upon, 78. Alienations to be recorded, 83, 215. Allcote. Thoma.s, (in the^Bay,) 365. AUeti, John, 140. Allen, Robert, 138. Allen, sister, goodwife, 304, 443. Allerton, Isaac, 302, 309, 325, 499, 520, 532, 534,535. « instructed by Dutch Governor to raise sol- diers for aid against Indians, 116. Allerton, sister, 304. Ailing, Allen, Roger, 9, 18, 33, 59, 68, 69, 91, 138,228, 232, 279,295, 302, 343,358, 387, 390, 410, 431, 477. Allotments, committee chosen to advise about, 24. Alsop, Allsop, Joseph, 94, 139, 299, 449, 459. Alsopp, Timothy, 297. Ammunition to bo provided for the town, 500. Anderson, David, 28, 59. Anderson, Richard, 140. Anderson, William, 149. Andrewes, Jane, 84. Andrewes, Nathan, 141. Andrewes, Samuel, 140. Andrewes, AViUiam, 9,17, 20, 24, 25, 28, 82, 33, 41, 43, 50, 81, 88, 93, 120, 137, 142, 143, 145, 152, 158, 165, 186, 188,194,206, 2.50, 277,292, 299, 302, 304, 319, 357, 368, 388, 405, 408, 411, 424, 425, 428, 429, 438, 462, 474, 481, 495, 503. chosen for the foundation work of the church, 16 ; sergeant, 76 ; licensed to retail wine, 166, 218 ; keeper of the ordinary, 209 ; desires to lay it down, 273, 312,357,389. lieut. of artillery, 382 ; has liberty to take trees for timber yard, 458. Andrewes, AVilliam, jun., 229, 334, 449. Anthony the neager, trial of, 335. Arms, planters to be furnished with, 25, 96, 131, 201 ; to be viewed quarterly, 13l. Artillery company, 241. liberty granted to begin an, 141, 203 ; mem- bers of to be exempt from squadron train- ings, 156 ; officers and orders of, confirmed, 157 ; to go on according to their own orders, 187 ; officers of, chosen, 382. Ashby, Thomas, 31. Aspenall, William, 67. Astwood, Oapt. John, 263, 332, 350, 467, 492. I deputy for Milford, 112, 129. Atherton, Mr. 519. | 68 Atkinson, Luke, 18, 57, 90, 92, 109, 138, 261, 303, 316, 430, 486. charged with defaming Mr. Davenport, 279. Atwater, David, 18, 41, 93, 138, 155, 302, 321, 364, 365, 370, 382, 404, 470, 496. Atwater, Joshua, bro., Mr , 9, 18, 41, 49, 62, 75, 79, 86, 93, 126, 137, 141, 147, 149, 164, 166, 176, 186, 196, 210, 214, 225, 239,283, 302, 314, 331, 414, 430, 441, 448, 465, 495, 499. treasurer, 171, 274; treasurer for the juris- diction, 275. Auditors of treasurers accounts chosen, 171, 274, 354, 425. Auger, Nicholas, 95, 133, 139. freed from watching, 375. Axtell, Nathaniel, 31, 35, 91. Bovkin, Jarvis, 17, 50, 59, 80, 93, 125, 138, 145, 155, 179, 194, 277, 302, 325, 376, 404, 408, 424, 438, 444, 448, 465, 466, 501. Boykin, Nathaniel, 141- Boykin, sister, 303. Bracie, John. Mr. 139, 233, 302, 323, 325. Bracie, Mrs., '304. Bradley, brother, 188. Bradley, Daniel. 140. Bradley, Stephen, 141. Bradley, William, 139, 175, 228, 427. Branch, Arthur, 335. Brew.-^ er, Francis, 50, 93. 139, 180, 196, 343. inventory of, presented in court, 382. Brewster, Joseph, 170, 173, 264. Brewster. Mrs. Lucy, 173, 258, 259, 269, 280, 303, 343, 363. trial of, 242. Bridges to be built, 61, 76, 188, 210, 226. Bristow, Henry, 139, 459, 487. Broadstreet, Mr. 74. Brocket, John, 10, 13, 17, 26, 88, 91, 95, 138, 186, 188, 221, 303, 354, 375, 428, 446, 448, 466, 477, 502. Brockett, sister, 304. Bromfield, William, 28, 29. Brookes, John, 140. Browne, Eleazer, 141. Browne, Francis, 10, 18, 42, 50, 61, 62, 94, 135, 138, 183, 188, 230, 241, 261, 303, 314, 389, 430, 431, 448, 458, 465, 486, 495, 501. to keep the ferry, 165. Browne, John, 140. Browne, Lidia, 38. Browne, Peter, 18, 92, 122, 138, 164, 240, 297, 302, 317, 400. hcen.scd to bake, 29. Browne, sister, 304. Browning, Brunwing, Henry, Mr. , 17. 32, 50, 56, 62, 93, 138, 153, 161, 183, 196, 225, 231, 284, 302, 321. Bryan, Bryant, Mr., 56, 79. 538 INDEX. Buckingham, Thomas, goodman, 28, 91, 320. Budd, John, 17, 81, 91, 264, 360, 444, 486, 498. Bullets not to be fired in the town, 48, 205. Bunnill, Benjamin, 140. Bunnill, goodwife, 478. Burchall, Nathan, 109, 120, 139, 162. Burret, William, of Oopeage, 184. Burrows, John, 142. . Busheag, arraigned for murder, 146. Badcock, George, 46, 80. Badger, Thomas, 24, 61, 67. Badger, William, 393, 438. Baile, John, 140. Baldwin, Timothy, 44, 197. Baldwin, widow, 92. Ball, Allen, 120, 138, -269, 270, 273, 378, 427, 434, 444. Ball, Dorithy, 269. Ball, Goody, 268. Ball, William, 125, 139, 264, 380, 465. Baly, Nicholas, 139. Banks, George, 261, 272. Bannister, Edward, 13, 17, 35, 92, 138, 142, 153, 155, 297, 302, 308, 460, 477. will of, pre-ented iu court, 479. Bannister, Goody, 3U4 ; Ellen, 479. Barnes, Obadiah, 51. Barker, goodman, 75. Barnes, Thomas, 95, 121, 139. 162, 314, 418, 502. Bartlets, the two, 493. Bassett, goodman, 241,274, 304. Bassett, John, 139, 178, 276, 303, 428, 495, 500. Bassett, old, 157, 168. Bassett, Robert, 139, 157, 379, 389, 393, 400, 409, 424, 428, 429,453, 465, 469, 488, 500. Bassett, sister, 304. Bassett, Willi im, 125, 134, 138, 261, 390, 410, 412, 418, 424, 431, 441, 460, 477, 486. Bayley, Samuel, 91. Beach, Beech, goody, 304. Beach, Beech, John, 87, 122,139, 173, 370, 499. Beach, Beech, Richard, 13, 17, 32, 46, 75, 92, 122, 124, 138, 170, 178, 184, 294, 300, 303, 307, 310, 345, 356, 364, 384, 427, 430. Beach, Beech, Thomas, 139, 232, 261. Beacher, Isaac, 139, 498. Beamout, Thomas, 18, 50, 61, 94, 138, 229, 292, 389. Beastialitv, trial for, 62, 73, 295. Becklev, Richard, Serjeant, 17, 28, 50, 93, 133, 138, "194, 302, 305, 314, 382, 446, 459. Beckley, sister, 304. Bedford, Margaret, 88, 89. Bcere, Adam, 477, 481. Bell, Abraham, corporal, 9, 18, 35, 50, 93, 137, 141, 100, 194, 225,275, 303, 338. Bell, Bamfield, 173. Bell, Francis, 9, 58. Bell, James, 139. Bellingham, Richard, 129. Benham, John, 9, 17, 50, 91, 122, 139. 140,167, 194, 229, 261, 205, 292, 302, 364, 412. Benham, Joseph, 140. Benham, sister, 304. Benit, Mr., 467. Bennet, Mrs. 249. Betts, Roger, 139. Billingsgate slutt, definition of the term, 180. Bishop, goodman, 142. Bishop, Henry, 139, 264, 400, 433, 453. prosecuted for slander and acquitted, 268 ; action of Mr. Davenport against, 392, 401. Bishop, James, 139, 232,378, 430, 434. Bishop, John, 309, 488. Blackbirds, i-eward for killing, 446. Blackman, Mr., [Adam.] 347, 349. Blakeley, Blacksley, Blatchley. Thomas, 123, 124, 138, 152, 271. Blayden, William, 67, 122, 139, 188, 264, 271, 321,322,324,369,378,384. Boats and canoes not to be taken without leave, 48,211. Boutle, Henry, 140. Bower, Mr., 140. Bowten, Richard, 141. Cabell, Samuell, 271, 272. Cadwell, Margaret, 327. Caffiuch, Caffins, Ceffinch, John, 93, 138, 155, 229, 207, 325, 328, 371, 431, 454, 460. Caffinch, Caffins, Ceffinch, Mr., 160,179,241. 277, 278, 280, 302, 310,315,319,326,376,377. 384, 399, 444, 495. Caffinch. Mrs., 303. Caffinch, Caffins, Ceffinch, Samuel, 139, 280, 384, 454, 456, 460. Caffinch, Thomas, 125. 139, 164, 325, 384. Caine, Mr. of Boston, 61. Camfield, goody, 303. Camfield, Mathew, 10, 18, 138, 149, 225, 277, 302, 314, 315, 319, 369, 387, 404, 408, 412, 414, 427, 448, 465, 486! land granted to, for planting fruit trees, 96. Camp, Edward, 109, 139, 278, 453. Camp, Goody, 262, 295. Campian, Champion, Robert, 28, 42, 87, 138. Canoes to be viewed and marked, 157, 211. Capital offenders to be sent to New Haven, 130. Caroughood, 1, 5. Carter, Henry, 139, 411. Catchman, Richard, 169. Cellars, young men not to live iu by them- selves, 70. Chadwell, Richard, Mr., 359, 360, 373. Chambers, Thomas, 39. Chapman, John, 9, 17, 20, 41, 50, 91, 121, 122, 135, l^rlW, 147, 196, 460. Chappell, George, 124. Charge, freemans, 19, 20. Charge for masters of the watch, 53. Charles, goody, 245. 278. Charles, John, 17, 29,92, 121, 153,422. action against for loss of Mr. Evance's vessel, 281 ; for contempt of court, 290 ; slander, 298. Chatterton, William, 140. Cheevers, Ezekiel, 9, 17, 20, 50, 66, 71, 91, 124, 137, 181, 194, 222, 239, 263, 269, 308, 363, 4-39. chosen for the foundation work of the church . 16 ; schoolmaster. 210 ; deputy for the juris- diction court. 274. Cheevers, sister, 303. Chidsey, John, 139, 384. Chimneys to be swept once a month, 121, 212. thippei-field, Edward, 18, 75, 77, 122, 123, 138, 161,261,276,292,380. has liberty to make bricks in the plains, 226. Chittenden, Mr., of Guilford, 382, 472. Church, Francis, 71, 123, 139. Church-members only to be free burgesses, 15, 17, no, 112, 191. Clarke, John, 9, 17, 20, 67, 79, 92, 136, 137, 155, 164, 215, 228, 280,302, 310, 333, 334,364,376. interpreter at Indian treaty, 7 ; sergeant, 76 ; 141 ; desired to take notes of proceedings of the court, 225 ; clerk of trainband, 370. Clarke, brother, 62. Clarke, James, 17, 92, 138, 304, 391. Clarke, Jame.s, jun., 141. Clarke, Robert, 140. Clarke, sister, 303, 304. Clarke, Thomas, 138, 173, 177, 234, 329. Clay-pits to be laid out as common, 62, 209 ; Mr. Davenport has liberty to fence up the way to, 160. Clements, James, 487, 488. Cleverlev, Elizabeth, 77. Cockerill, John, 26, 31, 32, 39, 41, 430, 444. Coe, Robert, deputed by Wetherstield men to treat about purchase of Toquams, 45 ; deputy for Stamford, 85, 129. INDEX. 539 Coefleld, Thomas, 138. Coggswell, Robert, 7, 41, 47, 92. Cogswell, John, 17- College corn, 149, 210, 225, 311, 318, 354, 357, 382. Commissioners for united colonies chosen, 87, 117. Confederation of colonies, commissioners sent to effect, 87, 199 ; each plantation to have copy of articles of, 97. Connecticut, 35, 89, 96, 110, 124, 188, 225, 226, 298, 357, 419,481, 498, 501 ; New Haven joins with, to procure patent, 211. Constable, Mr., 50. Constable, Mrs., 93, 196. Constable, George, 140. Contributions, reference to the manner of making, 244. Cooper, Lowper, John, 10, 17, 50, 93, 94, 125, 138, 171, 194, 228, 231, 232,261.275.277, 292, 293, 302, 305, 363, 375, 376, 404, 405', 409, 415, 419, 426, 431, 444, 446, 447,452, 454, 459,466, 486, 496, 503, 504. to sweep chimneys, 121, 212 ; to be public pounder, 406. Cooper, sister, 303. Coopers ware to be branded, 377. Cottou-wool, every family to have a coat of, 121, 214. Council of war appointed, 135, 167, 484. Courts for the combination, time of holding, 70, 113 ; for the plantation, 160, 191. Cox, Edward, 24. Cox, Joseph, 170. Crab, Richard, 128. Crane, Crayne, Jasper, Mr., 9, 17, 39, 40, 41, 43, 44, 47, 49, 57, 58, 61, 62,91, 138, 143, 155; 156, 161, 164, 172, 179, 196, 215, 231, 232, 261, 272, 283, 302, 305, 325, 331, 376, 377, 379, 383, 391, 401, 408, 428, 433, 436, 440, 444, 459, 478, 495. deputy, 173, 354, 381, 456, deputy for the jurisdiction, 381, 456, 481. Crayne, sister, 303. Crooker, William, 351. Crowder, Mathew, 123, 125, 153. Daniel, Stephen, 140. Davenport, John, 1, 5, 9, II, 13, 17, 21, 25, 62, 64, 91, 160, 184, 242, 267, 3-33, 399, 401, 420, 433, 467. chosen for foundation work of the church, 16; one of the seven pillars, 20 ; land granted to, 42, 95, 195 ; lot to be fenced at common charge, 183, 189; Luke Atkinson charged with defaming, 279; action of, against Henry Bish- op, 392. Davenport, John, jun., 140. Davenport, Mrs., 303. Davis, goodman, brother, 10, 50, 62. 69, 121, 232,275,302. Davis, John, 46, 58, 140. Davis, sister, 303. Davis, William, 18, 138, 149. 155, 314, 404,430, 448, 458, 479, 486, 495. Dayton, Deightou, Ralph. 18, 50, 139, 162,168, 172,227,232,430,452. ' Davton, Daighton, Samuel, 2, 58, 272, 293. Davton, goodman, 303, 320, 321, 326, 351. Dearmer, Dermer, Mr., 50, 93, 196- Deacon.s, to choose their farms, 43 ; freed from watching, 374. Delaware Ray, 79, 124, 147, 184. 280. plantations to be settled at in combination with IS'ew Haven, 56; treatment of Mr. Lam- berton and others by the Sweeds at, 106-108. Deputies for New Haven chosen. 21, 44. 69, 78. 85, 119, 125, 148, 156, 171, 274', 3.54, 381, 456 ; proposed to choose yearly, 187 ; old to con- tinue, and then to be chosen annually, 225 ; freed from watching, 374 ; chosen for the ju- risdiction, 111, 112, 125, 146, 147, 156, 171, 227, 274, 354, 381, 456, 481. Deputy governor, chosen, 112, 275 ; to give governor his oath, 133. Dickenson, Thomas, 77. Dillingham, John, 90, 133, 138, 151, 423. Dimock, Tobias, 282, 286, 299. Di.sborough, Samuel, 96, 333, 372, 467, 492. chosen magistrate for Guilford, 275. Dixon, Jeremy, 9, 17, 41, 44, 50, 93, 196, 444. chosen for foundation work of church, 16 ; one of the seven pillars, 20. DooUtle, Dowlitle, Abraham, 94, 189, 384. Dormer, Edmund, 140. Downe, John, 140, 267, 399, Downing, Elizabeth, 239, 327. Downing, Dunning, George, 139, 273. Draper, Nathaniel, 366, 421, 450. will of, presented in court, 335. Duhurst, Roger, 26. Dume, Thomas, 328. Dun, Thomas, 139. Dutch, ship taken out of the harbor by the, 333, 354 ; prisoners from the, 363, 511 ; set at lib- erty, 333 ; desire to go to the Dutch governor, 361 ; have run away, 413. Dutch governor i^istructs Capt. XJnderhill and Mr. AUerton to procure the raising of troops, 116 ; protest from, received, 265, 355 ; letter sent to, with a prisoner, 422, 462, 528. Dyer, John, 32. Eaton, Theophilus, 1, 5, 9, 13, 17, 22, 24, 25, 40, 44, 46, 64, 91, 121, 127, 129, 167, 170. 329, 438, 467, 489 ; chosen for foundation work of the church, 16 ; one of the seven pillars, 20 ; mag- istrate 21, 44, 58, 78; land granted to, 42, 195 ; commissioner for 0. C, 87, 96, 117, 275 ; gov- ernor, 112, 275 ; takes oath of office and fidel- ity, 136 ; freed from paying rates, 457 ; letters from, to gov. Kieft, 265 ; to gov. Stuyvesant, 507, 508, 514, 523, 525, 527, 628, 530, 532, 534 ; to gov. Winthrop, 517 ; letters to, from gov. Stuyvesant, 512, 522, 626, 527, 531, 633, 535. Eaton, James, 140. Eaton, old Mrs., 50, 91, 185, 194, 303, 334. Eaton, Mrs., 243, 246, 268, 270. Eaton, Samuel, (Rev.) 9, 17, 20, 24, 40, 45, 50, 91. 196, 438. Totoket granted to, 40. Eaton, Samuel, 140. Edwards, Richard, 109, 139. Eldred, Mr., of London, 298, 299. Eldrcd, Mrs., 60, 93, 94, 95, 196, 427,502. Elections, to be held in October, 21, 115, 191. Ellcott, Anthony, 140. ELl.sey, Thomas, 9. Elsey, Nicholas, 17, 91, 122, 1S8, 155, 166, 214, 296, 302, 411, 458, 482. Elsie, goodwife, sister, 252, 304. Emery, Robert, 122, 139,232, 257,329,477,489. England, John, 163, 294. Evance, David, 126, 133, 138, 366. Evanco, John, 18, 25, 28, 49, 74, 75. 77, 79, 93, 137, 151, 173, 178, 196, 219, 241. 250, 274, 291 , 297, 301, 302, 304, 320. 325, 326, 333, 334,347. 354, 366, 367, 372, 376, 379, 408, 413, 414, 419, 421, 425, 429, 438, 449, 453, 458, 462, 477, 480, 490, 495, 498, 499. deputy, 119, 125, 148, 156, 171 ; proposes to dig a channel to improve the harbor, 143. cellar belonging to Mr. Trobi-idges house granted to, 189, 219 ; action of, agaiust John Charles for loss of vessel, 281 ; against John Charles for slander, 298 ; against Mr. W'ester- house for ship Swallow, 467 ; offers to procure ammunition for town, 500. Excommunicates, unlawful to eat with, 249. 540 INDEX. Fancy, Fancie, William. 89, 139, 229, 233, 300. Fanc}', goodwife, 89, 177, 233. Fames, Samuel, 140, 498. Farrett's Island, purchase of, offered to the town, 67. Fees of the court, 216 ; increased, 185. Fences, every quarter to appoint committees to view, 126, 207 ; surveyors to be appointed for. 150, 155. Fence viewers chosen, 228, 314, 389, 466. Fenne, Benjamin. 91. Ferry, Frffncis Browne to keep the, 165 ; land laid to, 188, 217. Finch, Abraham, killed by the Indians, 23. Fire-hooks to be provided for the town, 49, 212. Fires to burn leaves, &e.. not to be kindled in the town, 157, 212. Fish, planters may set up wears to catch, 311. Fisher, John, 378. Ford, goodman, of Windsor, 419. Ford, goody, 304. Ford, Samuel, 140. Ford, Timothy, 17, 32, 92, 122, 138, 232, S03. Fornale, Strong, of Boston, 366. Forrester, Capt., 516, 521. Fowler, sister, 304. Fowler, William, Mr., 10, 31, 32, 33, 92, 105, 112 127, 129, 138, 155, 156, 174, ISl, 267, 275 276 278, 302, 325, 409, 424, 495. chosen magistrate for Milford, 112. 275 ; ser- geant, 313; sei-geant of artillery, 382. Foxen, 150. Frankland, Thomas. 42, 43. Free burgesses, church members only to be, 15 17. 110, 112, 191. Freemen, list of names of, 9. Freemans charge, 19, 20. Free school to be set up, 62, 210. French, Thomas. 80, 124. Frost, George, 282. Fugill. Thomas, 9, 17, 24, 25, 30, 32, 49, 87, 92 93, 137, 194, 196, 233, 244, 272, 273, 305, 313, 426, 440, 444 ; chosen for foundation work of church, 16 ; one of the seven pillars, 20 ; dep- uty, 21 ; public notary, 21 ; secretary, 44, 58, 78,119, 148, 171; .secretary for jurisdiction, 112 ; land granted to at West Rock, 60 ; land of at West Rock to be mea.sured, 186 ; pro- ceeded against for taking in more land than his proportion, and for falsifying orders, 221 ; deprived of his office, 225 ; forbidden tu sell his goods or remove, 260 ; fined for his un- righteousness, 262. Fuller, Daniel, 38. Fuller, Lancelot, 123. 133, 383, 492. action of, against Francis Newman and wife for slander, 473. Fundamental agreement of 1639, 11 ; to be sign- ed by all admitted planters. 17 : of the juris- diction, 112-116. Fyde, Richard, 264. Galpin, Phillip, 251, 259, 327, a35, 360, 421, 450, 477. Games, Thoms. 39. Gates to be made at end of every street, 24. General court for the jurisdiction, how consti- tuted, 114. General trainings, 160 ; times of, 187, 202. Gennings, Nicholas, 88, 105, 122. Gernsye, Guernsie, Joseph, 139, 239. .327, 380. 384. Gibbard, WiUiam, Mr., 10, 18, 125, 126, 134, 138. 143, 149, 151, 186, 221, 233, 263. 267,275, 302, 336,376,392,418,434,481. deputy, 156, 171, 274. 354, 381, 450 ; treasurer, 381, 457 ; declines but retained, 387. Gibbard, Mrs., 303. Gibbins, Gibbons. William, 18, 42. 94.138, 145 303,310.326,378,411,444. Gibbons, Gibbins, Henry, 61, 80. 122, 124, 139. 271, 303, 320, 325, 379, 400, 436. Gibbons, Major, 473. Gibbs, Gibbes, John, goodman. 9, 18, 44, 126. 136, 138, 1.51, 232, 233, 302, 325, 404. 458. chosen deputy, 274, 354. Gibbs, John, hatter, 140. Gibbs, sister. 303. Gilbert, Mathew, Mr., 9, 17. 24. 25, 31, 32. 41, 67, 69, 91, 94, 126, 135, 137, 143, 149, 163. 173 195, 241, 267, 293, 319, 404, 423, 430,441,465, 473,495. chosen for foundation work bf church, 16; one of the seven pillars, 20 ; deputy, 21, 44, 51, 58, 69, 78, 85 ; land granted to, 95. Gilbert, Mrs., 89, 303. Gildersleeve, Richard, 10. deputv for Stamford, 85, 112. Glover, Henry, 94, 122, 138, 146, 155, 233, 265, 303,389,430. ; > > > > Godfrey, Joseph, lieutenant, 186. 199, 252, 256, 288, 299, 337, 366„372. Goldam, goodman, 156. Goldham, Henry, 4-32. Goodanhouse, Samuel, 139, 355, 378, 380, 382. 419, 429, 453, 470, 472, 480, 499. becomes surety for the three Dutch prisoners, 333 ; desires to be released from his bond, 413. Goodman, Mr. Eliz., 80. Goodyear, Stephen. 9, 18, 51,-56, 57, 63, 75, 77, 80.87, 91, 112, 127,137. 142,148, 163,171, 178, 211, 241, 250, 258, 307, 329, 333,366, 372, 378, 382, 403, 422. 425, 429, 440, 444, 454, 480. 492,508. ' . I magistrate, 58, 78; to write a letter to Yenny- cot, 97 : deputy governor, 112, 129, 275. commissioner for U. C, 117, 275 ; licensed to brew beer for town, 192 ; letter from, to gov. Stuyvesant, 511, 517 ; letter to, from gov. Stuyvesant, 513, 520. Governor, chosen, 112, 275 ; takes his oath, 1.36. Granest, Edward, 487. Great guns to be fitted for .service, 121, 136, 168. Greene, widow, 50, 92. 194. Gregory, John, brother, 154, 301, -302. 352, 358. 384,426. leather sealer, 242. Gregory, Henry, of Stratford, 345, 384. Gregorj', Juda, 349. Gregory, sister, 303, Gregson, Hannah, 474. Gregson, Mrs., 303, 430. Gregson, Rebecca, 475. Gregson, Thomas, 9, 18, 25, 29, 31, 33, 46, 59, 75, 79, 80, 91, 96, 112, 120, 124, 127, 137, 151, 152,170,174,258,329. truckmaster, 43; deputy, 44. 51, 58, 69,78, 86 ; treasurer, 51, 78 ; commissioner for U. C, 87, 96, 117. magistrate, 112, 129, 275 ; land granted to, 142, 144, 197 ; agent to procure patent, 149, 211. inventory of, brought into court, 341. Griffin, John, 123, 138, 285, 455. Griffen, Joshua, 139. Grove, Groves, goodman, 184, 351. Guernsie, John, 265, see Gernsye. Guilford, 110, 118, 129, 130, 229, 281, 345, 348. 420,422.472,492. named, 97 ; Mr. Leete and Mr. Disborough chosen deputies for, 112 ; court constituted at, 131 ; Mr. Disborough chosen magistrate for, 275 ; action of, against John Ceffinch, 371, 431 ; against Thomas Standish, 497. Guillam, James, 139. Halbidge, Holbridge, Halbich, Arthur, 13, 17, 32, 39, 46, 56, 92. 138, 153. 170, 252, 302, 364, 370. .=->.,. Halbich, widow. 383, 431. INDEX. 541 Hall, Francis, 17, 57. 60, 92, 139, 356, 365, 386, 403, 436, 440. Hall, goodman, 7". Hall, Isaac, 140. Hall, Job, 139, 242, 253, 338, 400, 426. Hall, John, 18, 50, 94, 135, 138, 142, 225, 321, 369, 378, 379, 390, 391, 397, 415, 417. Hallaway, Andrew, 140. Hames, goodm.in, 50. Harbor, proposition to improve the, 143. Harding, WilUam, 66, 71, 73, 84, 151. whipped and sent out of the plantation, 81. Hardy, Wilham, 276. Harrison, goodman, 164. Harrison, Kichard, 139. Harrison, Thomas, 140. Hart, Mr.. 329, 522, 523. Hart, Thomas, 169. Harwood, Edward, 58. Harvie, goodman, action of, against Mr. Pell, 341. Haward, Heward, Heywood, James, 125, 138, 261, 306, 339, 397, 479. inventory of, presented in court, 480. Hawkins, William, Mr., 91, 142, 502. Hazard's State Papers, error in, corrected, 383. Hegbe, 493. Herriman, Harriman, John, 139, 230, 267, 302. 408,429,440,446. to keep the ordinary, 425. Hichcock, John, 141. Hickocks, Mr., 57, 91. Higginson, Anne, 30. Higginson, Charles, 30, 393, 474. Higginson, Francis, 30. Higginson, John, 29, 30, 432. Higginson, Mrs., 49, 93, 161, 196, 304, 473. inventory of estate of, to be taken, 28 j distri- bution of estate of, 29. Higginson, Neophitus, 30. Higginson, Theophilus, 18, 30, 90, 109, 125, 135, 138, 145, 229, 291. 294, 302, 338, 380. Hill, Benjamin, 139, 232, 264, 398. Hill,Johu, 122, 138, 163. inventory of. presented in court, 362. Hill, Robert, 13, 17, 50, 93,109,138,194, 277, 303,362,389,426,430. Hill, Mr., of Windsor, 80. Hitchcock, Kdward, 122, 139, 264, 274. Hitchcock, goodman, 188, 319. Hitchcock, Luke, 1.38. Hitchcock, Mathew, Mathias, 17, 60, 79, 90, 92, 93, 122, 123, 125, 138, 303, 356, 365, 370, 389 411,477,496. Hitchcock, Mr., 502. Hithfield, Mathias, 141. Hodkeis, Hogkines, Samuel, 301, 318, 329, 438, 4.56,487. > » I 1 , Hogg, Thomas, 140, 295, 378. Hogs, to be kept out of town, 52, 240 ; damage done by, 154 ; to be marked, 491. Holt, William, 94, 109, 139, 262, 378, 390, 415, 444. .Ill, Hooke, Mr. [William,] 174, 308, 324, 417. Hooke, Mrs.,303. Hooke, William, jun., 3.52. Hopkins, Mr., 24. Hopper, Daniel, 140. Hoskins, Samuel, 75, 77, 121, 123, 125, 139. Hough, Mr., 30. House lots, committee appointed to dispose of, How, Daniel, Capt., 239, 282. House, Ephraim, 140. Howe, Jeremiah, Jeremy. 94, 140. 240, 308 422 444, 462, 495, 501, 528.' Howe, Nathaniel, 141. Howe, Zachariah, 141. Hubball, Richard, 139. Huckly, Thomas, 141. Hudson, John, 140. Huilt, Mr., 56. Hull, Andrew, 9, 18, 44, 92, 124, 184, 430. Hull, brother, 86. Hull, goody, 304. Hull, Jeremiah, 140, 487. Hull, John, 140. Hull, Richard, 9, 17, 20, 91, 94, 137, 155, 487, 488, 498. Humerston, Henry, 140, 149, 470, 499. Hunt, goodman, 84. Hunter, John, 139, 168. will of, presented in court, 439. Hurd, John, 184. HurndeU, John, 133, 139. Hutchinson, John, 139. lies, Thomas, 125, 138. lies, William, 122, 294, 310, 345, 364. inventory of, brought into court, 300. Indians, articles of agreement with, 1,5; plant- ers not to purchase land from, 27, 200 ; not to be furnished with arms, &c., 60, 206 ; men to go against when sent, 78 ; men sent to join with men from Conn., against, 110; Dutch desire soldiers to be raised for aid against, 116 ; man murdered by, between Stamford and Fairfield, 134 ; woman murdered by, at Stam- ford, 135, 146 ; rumors and tumults of, 168 ; troubles with, at Stamford, 481. Inhabitants to take oath of fidelity, 130. Inn, land to be laid out for, 48,209 ; frame pro- vided for, to be sold, 186, see ordinary. Ives, sister, 304. Ives, Eves, WilUam, 9, 18, 28, 61, 92, 138, 155, 232, 303, 338, 387, 431, 477. will of, presented in court, 410. Jackson, John, 140, 320, 386. James, Thomas, Mr., 9, 24, 35, 40, 43, 92, 154, 197, 226, 228, 23.2, 302, 426, 487. James, Mrs., 304. Janes, Jeanes, William, Mr., 18, 91, 138, 314, 381, 426, 444, 487, 498. Jeffery, sister, 304. JefTries, Thomas, 9, 17, 20, 91, 133, 137, 165, 283, 302, 312, 351, 455. sergeant, 76; sergt. of artiUery, 1.58. Jenner, John, 29. Jt .veU, Richard, 77, 80. Johnson, goodman, 294, 319, 327. Johnson, goody, 303. Johnson, Jeremiah, 140. Johnson, John, 13, 17, 50, 59, 93, 140, 196, 272. Johnson, Mr., 31. Johnson, Richard, 140. Johnson, Robert, 59, 138, 155, 163, 272, 273 301, 302, 404, 466, 486, 487, 503. Johnson, Simson, 515. Johnson, Thomas, 31, 39, 139. Johnson, WilUam, 94. Jones, John, 139,387. Jordan, Mr., 472. attorney for town of Guilford, 371, 431, 497. Judson, Jeremiah, of Stratford, 444. Judson, William, 139, 184, 321, 327, 339, 375. 403, m, 465, 479, 486, 495. Jurisdiction, deputies chosen for. 111, 125, 146 147, 156, 171, 227, 274, 354, 381, 456, 481. constitution of, 112-116 ; court, when to be held, 113. Keely, Keylye, Edward, 139, 411. Kimber, John, 139, 261, 262. Kimberley, Abraham, 474. Kimberley, Nathaniel, 484. Kimberley, sister, 304. Kimberley, Thomas, 9, 17, 24, 28, 50, 82, 91, 122, 137, 144, 183, 194, 254, 302, 314, 315, 439, 452, 460, 462, 479, 488. 542 INDEX. corporal, 76 ; marshal! for jurisdiction, 112. 276 ; marshall, 119, 148, 274, a54, 381, 457. King, George, 293. Kings arms to be set up, 3G9. Kitchen, Mr.. 325, 422. Knapp, Roger, 7,123, 125,139, 142, 147,260, 262, 310, 317, 327. Knell, Mr., 326. Knight, John, 140, 403,420, 440, 477, 487. Knowles, Alexander, 184. Knowles, Thomas, 138, 181, 225, 232, 262, 303, 369. Knowles, widow, goody, 94, 304, 883, 501. Labor, rates for wares and, 35, 52 ; penalty for taking more than the appointed, 44 ; laws concerning, repealed, 61. Laborers may be impressed for public works, 86. Lacke, Mr., of Boston, 299. Ladder, every house to be provided with, 52, 212. Lambert, John, 140. Lambert, Richard, 139, 153. Lamberton, George, 9, 31, 32, 33, 40, 41. 81, 87, 91, 121, 139, 143, 152, 172, 180, 329, 503. imprisoned by the Sweeds at Delaware Bay, 106 ; deputy for jurisdiction. 111, 173; deputy, 119, 125, 148; land granted to, 218; inventory of, presented in court, 361. Lamberton, Mrs., 89, 303, 343, 356, 361. Lamson, Lampson, Thomas, 10, 82, 122, 125, 138, 231, 277, 292, 303, 312,317, 378, 389, 390, 400, 504. Lampson, sister, 227, 414. Lands, first division of, 26, 192, 195 ; not to be purchased of the Indians by planters, 27, 200; second division of, 43, 193 ; liow divided, 27, 192; not to be let to strangers without allow- ance, 40 ; rates for, 43, 185, 193. Larebe, Grenfield, 373. Larebe, Mr., 838. Larremore, Larrymore, George, 50, 94, 124, 135, 1.38, 164, 388, 424. Laud, Lord, Thomas, 56, 93. Law, Ricliard, 10. Lawrence, John, 84. Lawrence, Thomas, 297. Lawrensou, John, 122, 310, 317, 328, 363, 366. Lea, Lee, Robert, 109, 120, 122, 139. Leaclv, Edmund, Mr., 151, 16l, 173. 199. 350, 366, 421, 436, 439, 441. 450, 452. 460. Leach, Mrs., 242, 253. trial of, 256. Leake, Leeke. Phillip, 94, 122, 139, 156, 183, 231, 241, 275, 277, 284, 303, 344, 389, 408,-424, 427, 450, 457. corporal, 160 ; desired to keep an inn, 240. Leather sealers chosen, 242, 356, 389. Leaver, Thomas, 50. Leete, WiUiam, 96,472, 492. deputy for Guilford, 129; secretary for juris- diction, 275 : attorney for town of Guilford, 371. 431, 497.' LendaU, Lindall, Lindoll. Henry, 10, 109. 134, 136, 138, 164, 215, 227, 228. 233, 264, 302,314, 354, 375, 376, 378, 404, 448; 465, 466,486, 489, 495. Lendall, goody, 304. Lewis, Mr., of London, 152. Line, Loyne, Loynes, Lion, Henry, 109, 1-39, 326, 412. Lines, Ralph, 139, 271, 285. Ling, Benjamin, 17, 28, 41, 44, 89, 93, 123, 138, I 225, 302, 387, 388, 389, 403, 411, 448, 459, 465, 466; 495, 501. Ling, sister, Mrs., 304, 3-14. I Linlev, Francis, 176. Linley, John. 139, 176. Livermore, John, 9, 18, 44, 92, 138, 151, 167, 189, 230, 239, 271, 276,302, 307, 313, 31^, 428, 436,444. I Livermore, sister, 304. Lockoman, Govert, 522. Love, James, goodman, 7, 29. Lovell, John, 77. Lovell, Kichard, 327. Low, Andrew, 9, 13, 17, 35, 50, 93, 94, 95, 137, 164, 194, 303, 314, 437, 449, 450, 465. Low, Andrew, jun., 38, 46. 56, 89. Lowell, Richard, 122. Lucas, Mr., 49,93, 94, 95, 190. Lucking, goodman, 56. Ludlow, Mr. [Roger,] 74. letter received from, 134 ; retains a fugitive, 380. Lupton, Kester, 498. Lupton, Thomas, 138, 147. Magistrates, chosen, 21, 44, 58. 78, 112, 275 ; to keep book of warrants, &c., 83, 216 ; court of, when held, 113. i Malbou, Richard, 9, 17, 28, 32, 50, 61, 66, 72, 81, 84, 91. 94, 95, 105, 121, 126, 129, 137, 142, 143, 146, 150, 160, 170, 179,181, 183,196, 226, 242, 250, 257,292, 302, 305, 311, 329, 338, 366, 368, 369, 372, 377, 384, 398, 420, 452, 453, 488. chosen for foundation of church, 16 ; deputy, 69, 78, 85, 119, 125, 148, 156, 171 ; to order the watches during capt. Turner's absence, 70 ; treasurer, 85, 119, 148, 156 ; deputy commis- sioner for U. C, 117, 118 ; deputy for juris- diction, 125, 146, 147, 156, 171 ; captain of artillerj', 158 ; captain in capt. Turner's ab- sence, 187 ; magistrate, 275. Malbon, Martha, 84. Malbon, Mrs., 269, 303. Males to be numbered, 96 ; to be provided with arms, 96, 131, 201. Mallcry, Peter, 139, 4a5. Man, Susanna. 51. Manchester, Thomas, 26, 31. Mansfield, Joseph, 140. Mansfield, Moses, 141. Mansfield, Mr., 91, 276, 317. Mansfield, Richard, 41, 80, 124, 125, 138, 155, 188, 274, 302, 382, 430, 437. Mansfield, sister, 304. Mannukatuck, 42, 96, 199. named Guilford, 96, 199. Marden, Morden, Richard, 139, 267, 268, 270, 281. Markets or fairs to be held annually, at New Haven, 130. Market place to be cleared, 159, 214. Marsh, Hannah, 180, 235. Marsh, Jonathan, 94, 122, 125, 139, 378, 390, 397,424,492. Marsh, Samuel, 140, 229-, 233, 270, 271. 272, 378, 474. Marshall, Mr., 50, 80, 93. ISW. Marshall, Thomas, 139, 486. Marshall, chosen, 21, 44, 58, 79, 119, 148. 171, 274, 354,381, 457; things found to be deliver- ed to, 79, 214 ; salary of, 133 ; to cry lost things, 140, chosen for jurisdiction, 112,276. Martin, Robert, 94, 138, 154, 282, 286, 302. 387. 396, 408, 449, 460. Martiu, Samuel, 63, 64. Martin, sister, 304. Mascall, John, 340, 398. Mason, John, 46, 80,124. Ma8sachu..-. Sweeds, imprisonment of Mr, Lamberton and others by, 106-108. Swinerton, Mrs., 50. Taintor, Michael, 451; goodman, 162. Tamadge, Robert, 93, 140, 488. Tanner, Nicholas, 26, 56. i ■ Tanning, hides spoiled through ignorance in, 86,215. Tapp, Edmond goodman, 28, 33, 92, 112, 127, 492. chosen magistrate for Milford, 112, 129. Tench, Edward, 27, .50, 93, 196. will of, presented in court, 278. Tharpe, Thorpe, William, 9, 17, 28, 81, 50, 03, 94, 121, 137, 194, 231, 272, 303. Thickpenv, John, deposition of. 106. Thomas, John, 51, 121, 122, 138, 170, 188, 235, 303,360,892,448,461. Thompson, John, nailor, 144, 151. Thompson, Tompson, John, 18, 47, 50,121, 122, 125, 138, 139, 140, 228, 356, 365,404, 430, 437, 496. Thompson, Tompson, Anthony, 9. 18, 41, 79, 92, 125, 138, 140, 143, 150, 1,55, 181, 272, 277, 280, 300, 802, 305, -307, 310, 316, 319, 326, 364, 382, 387, 431, 454, 486. surveyor of roads and bridges, 148 ; will of, presented in court, 411. Thompson, Tompson, brother, 62, 88. Thompson, Tompson, widow, 418, 431,444,486. Thompson, Tompson, William, 10, 136, 133, 152, 227, 231, 233, 302, 314, 385, 486, 495. Thompson, Tompson, sister, 308. Thompson, Tompson, Mr., of Virginia, 366. Thompson's History of Long Island, passage quoted from. 463. Thorp, Nathaniel, 141, and see Tharpo. Throckemorton, Mr., 522, 523. Tichener, Titchin, Martin, 139, 400. Till, James, lfJ3. 293, 413, 416, 418, 420, 437, 454. Tillson, goodwife, of Virginia, 421, 450. Timber, not to be exit without leave, 25 ; dam- age done to by barking, 165. Tobacco, penalty for taking in an uncovered place, 241. Toby, Thomas, 77, 80, 81, 123, 229, 393. Todd, Christopher, 18, 50, 94, 133, 228, 294, 303, 339, 429, 430, 450. Todd, sistei-, 303. Tomlinson, Thomas, 140. Tooley, Towly, Edmund, 123, 133, 138, 423, 438. Tompson, see Thompson. Toquams, Andrew Ward and Robert Coe depu- ted to treat with New Haven for, 45, see Rip- powams, Stamford. Totoket, 42, 44, 45, 47, 84, 122, 153, 195, 297, 345, 348, 493. granted to Rev. Samuel Eaton, 40 ; to be dis- posed of by town committee, 126. planters complain that Indians hurt their cattle, 150 ; granted to Mr. Swaine, 199 : dif- ference with about bounds, 492. 546 INDEX. Training, times of, 70, lOG, 187, 202. Treasurer, chosen, 51, 78, 85, 119,148, 156,171, 274, 381, 457. Tredwell, Edsvara, 295. Trees, not to be cut where spruce masts grow, 48. 213 ; not to be cut ou common without leave, 83, 155, 200, 358. Trobridge, Thomas, Mr., 80, 92, 124, 140, 185, 264, 320, 325, 379, 454. Ward, Andrew, 9, 58. deputed by Wethersfield men to treat for pur- chase of Toquams, 45 ; con.stable of Stamford, 78 ; letter received from, 85 ; deputy for Stam- ford, 85, 129 ; magistrate for Stamford, 275. Ward, Oeorge, 18, 56, 93, 139, 184, 265.' Ward, George and Lawrence, action of, against the company of merchants, 329. Ward,goodman, 33, 89, 42, 122. goods of, attached, 59 ; sergt. .Teffery to take j Ward, Lawrence, 18, 93, 105, 123, 125, 138,401. the children of, 133 ; house of, sold to Mr Evance, 219. Truck master, Mr. Grcgson appointed, 43. Turner, Abigail, 337. Turner, Daniel, 139, 442. Turner, Isaac, 141. Turner, James, 422, 528. Turner, Lawrence, 163. Turner, Mrs., 258, 293, 303, 308, 322, 334. 336. Turner, Nathaniel, 9, 17, 20. 24, 25. 26, 28, 31, 32, 41, 48, 70, 77, 91, 105, 137, 142, 146, 148, 160, 163, 174, 187, 325, 398. chosen for foundation work of church, IG ; deputy, 21, 44 ; captain, 40 ; land granted Watch, orders for the, 33, 74, 75, 205, 274, 381 ; to be kept from March 1 to last of Octob., 132, 204. who exempted from, 464 ; increa.sed, 483. Watters, Edward, 139. Watters, Joseph, 488. AVatson, Edward, 138. Wattoone, 23. Watts, Jeremy, Jeremiah, 270,400, 487. Watts, La\vrence, 90, 120, 423, 465. inventory of, piesented in court, 437. Ways to be maintained before house lots, 231. Webb, Kichard, 122, 134, 139, 164, 242, 243, 489, . „ , 498. to, 42, 195 ; has leave to go to Delaware Bay, i Wceden, Thomas, 140. 57; deputy for jurisdiction. Ill, 125,146,147, j Weights and measures, standard to be made 156, 171 ; about to leave (in the phantom ! for, 166 ; to conform to standard, 213 ; to be ship,) 184 ; inventory of, presented in court, 836. Turner, Rebecca. 3-37, 469, 478, 480. Tuttle, Tuthill, John, 140. appointed constable for Yennj'cock, 70. Tuttle, Jonathan, 140. Tuttle, sister, 303. Tuttle, Thomas, 141. Tuttle, William, Mr., 17, 41, 43, 44, 91, 139, 155, 150, 196, 261, 270, 281, 302, 319, 334, 401. Tyler, William, 140. Uncas, 110, 118, 150, 167. Underbill, John, 10, 118, 127. deputy for Stamford, 85 ; proposes to raise soldiers for aid to the Dutch, 110 ; ;£20 lent [ Wheeler, goody, 304. viewed once a vear, 242. Welch, Thomas, 31, 41, 91, 314. Wells, William, 456, 463. Wequash, to have a suit of clothes at the town's charge, 60. Wethersfield, 23, 199,200, 497. Wosaucuck, 1, 5. Westerhouse, William, 140, ^55, 363, 366, 367, 413, 420, 429, 470, 473, 476, 499, 508, 513, 515, 525, 526, 528. ship of, seized by the Dutch, 333, 508 ; freed from watching, 375 ; action of Mr. Evance against, for ship Swallow, 467. AVheelbarrows, &c., not to be taken without leave, ' to, 117. United Colonics, commissioners chosen for, 87, 117, 275 ; articles of confederation read, 96 ; to be recorded,' 90, 98. Usher, llobert, 139, 229, 232, 237, 261. Vacant lots, fenced at town charge, 60 ; res o-v- ed till arrival of first ships, 02 ; disposition Wheeler, Moses, 93, 94, 347, 350, 384. AVheeler, Thomas, 121, 134.' 138, 274, 297, 303, 314, 391, 417, 430, 450, 455, 458, 462, 489. Wheeler, Thomas, jun., 479. Whelply, Henrv, 184, 326, 332. White, Willi.im, 139, 174. Whitehead, Isaac, 94, 122, 125, 139, 434, 446, 4.59. of, 94, 95, 414, 427 ; committee appointed for Whitehead, John, 365, 391, 436. disposition of, 369, 375, 407. • Whitehead. Samuel, 10, 17, 76, 92, 123, 138, Venison, rate at which to be sold. 43. ' 105, 228,'302, 333, 382, 390, 404, 428, 431, 406, Vincent, John, 9. 18, 50, 95. 109, 138, 295, 303, I 478, 480, 495. 899.404,427.449,459. ' I corporal, 76. Virginia, 35, 152, 109, il70, 291, 298, 366, 421, j Whitehead, sister, 304. .450. Wliitehcad, Thomas, 365, 370. ehip Swailow adjudged to mariners at, 407. 'Whiteway , Thomas, 123, 348, 493. Whitfield. Mr [Uenrv,]59, 199. Wakefield, John, 46, 75, 139, 303, 411, 424, 444, Whitman, Zach.ariah, 92, .322. 496. deputy for ftlilford, 129. Wakefield, sister, 304. ! 'Whitmore, John, 69. Wakeman, John, 9, 18, 41, 62, 74, 79, 105, 126, ! deputy for Stamford, 112 ; murdered by lu- 137, 143, 160, 161, 171, 179, 186,222, 231,283, | dians, 482. 305, 314, 319,331, 377, 401,404,425, 448,465. Whituell, Jeremy, 18, 77. 81, 91, 94, 121, 138, 486, 495. ' ■ ' 154, 164, 228, 2.^1, 274, 300, 302, 404. deputy, 58. 69, 78, 85, 119. 125. 148; deputy , Whitnell, sister, 304. for jurisdiction, 227, 274, 354, 331. Wigglesworth, Wiggleworth, Edward, 9, 17, Wakeman, Mrs., 245, 343. I 49, 93, 139, 196, 207, 281, 302, 308, 370, 430, Wakeman, Samuel, 140. ! 4;"i3. Walker, George, 180; licensed to retail wine, Wigglesworth. sister, 303. 218. Wilford, John, 61. 138, 303. Walker, goodman. 258, 281, 301. , Wilkes, William, Mr., 17, 28, 46, 58, 00, 91, 321, AValker, John, 18, 50, 94, 138, 140. 153, 161, 170. i 391, 397. 228, 326, 334, 405, 429, 441, 466. ' ! Wilkes, Uridgct, 321. 397. Wampum, to pass at 6 a penny, 44, 211 ; to be ; Wilkes, Mrs. Joane,'372, 379, 469. current pay under 20 shil., -183 ; to be suita- ' will of, presented in court, 361. bly stringed, 405. ; Willet, Mr., 522, 523. War, council of, appointed, 135, 167, 484. l Williams, widow, 50, 93, 194. INDEX. 547 Willmot, Benjamin, 18, 51, 138, 261, 302, 380, 413, 487. Willmot, goodman, 313 ; old, 140, 263, 378. Willmot, sister, 304. Willmot, William, 140. Wills and inventories, abstracts of, 278, 300, 323, 335, 341, 361, 362, 380. 410, 411, 437, 439, 479, 480. Wilson. Samuel, 125, 139, 232, 261, 267. 426, 430. !:...) Windsor, 229, 419. Wine, not to be retailed without license, 166, 218 ; to be drawn only at the ordinary, 273. Winston, John, 139, 468. Winter, four months to be accounted as, 44. Winthrop, John, (gov. of Mass.,) letters receiv- ed from, 96, 97 ; letters from, 464, 517; allusion to his death, 531. Wolves and foxes, reward to those who kill, 27, 182, 217, 283. Woodcliff, Edward, 35. Wooden, WUliam, 123, 133, 140, 232, 293, 380, 470, 496. p.ction against for defamation, 339, 398. Woolen, Jean, 391.' Woolen, John, 79, 142. imprisoned by the Sweeds at Delaware, 106- 108. Word of God to be the only rule, 21, 69, 130, 191. Worry, Woory, Ralph, 299, 301. Wright, Benjamin, of Guilford, 497. to be whipped, 472. Yale, Thomas, Mr., 17, 50, 64, 66, 92, 122, 125, 138, 194, 301, 302,386, 414, 480, 499. Yale, David, 50, 91, 196, 301, 327. Yale, Mrs., 303. lennycock, Yennycott, 97, 110, 152, see Southold. constable appointed for, 70 ; letter written to, 97. Young men not to live by themselves in cellars, 70. Zeaker, skipper, 295. Ze!lick,Mr.,391. deputy soldier to, 117 United Coi \ 117, 275 ,■ \ to berer rsher.llr