RECORDS OF THE
COLONY and PLANTATION of
NEW HAVEN
From 1638 to 1649.
Transcribed and edited in accordance with a resolution
of the General Assembly of Connecticut.
by Charles J. Hoadley, M.A.
Hartford: Printed by Case, Tiffany and Comany,
for the Editor.
1857.
[Transcribed by Coralynn Brown]
THE NAMES OF ALL THE FREEMEN of the COURTE OF NEWHAVEN
[in the handwriting 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 Andrews.
Mr. Sam : Eaton.
John Clarke.
John Chapman.
Robt Seeley.
Tho : Geffreyes
Rich Hull
Tho : Kimberley.
Mr. Tho : Gregson.
John Mosse.
Adam Nicholls.
Abra : Bell.
William Thorpe.
Mr. Francis Newman.
Andrew Low.
Tho : Mounson.
Mr. ____ James.
Mr. Geo : Lamberton.
____ Nash.
Mr. Rich : Perry.
William Peck.
Andrew Hull.
Goodm (Goodman??) Gibbs.
Goodm Liu[r]moore.
Tho Ellsey.
Mr. Joshua Attwater.
Antony Tompson.
Edw Wigglesworth.
John Vincent.
Mr. John Wakeman.
Mr. Stephen Goodyear.
John Potter.
Mr. Jasper Craine.
Andrew Warde.
Francis Bell.
Rich : Miles.
Roger Allen.
Mr. Richard Malbone.
Will Iues (IVES?)
Francis Browne.
John Nash.
Goodman Davis.
Mr. Gibberd.
Goodman Abbott.
Sam : Whitehead.
John Brockett.
Richard Law.
Mathew Camfield.
Tristram Rayner.
Bro : Lamson.
Captaine Underhill.
Rich : Gildersleeve.
Math : Moulthrop.
Goodman Preston.
Will Tompson.
Hen : Lendall.
Will Fowler.
Joh : Cowper.
Joseph Nash.
NEW HAVEN COLONY RECORDS.
[In the handwriting of Thomas Pugill.]
[1] The 4th day of the 4th moneth called June 1639, all the free planters assembled together in a ge [neral] meetinge* [ This meeting took place according to tradition, in a large barn Wionging 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.] to consult about settling ciuiil Gouerumt according to God, and about the nominatiu of persons thatt might be founde by consent of all fittest in all respects for the foundacu worke of a church which] was intend to be gathered in Quinipieck. After solemne invocatio of the flame of God in prayer [for] the presence and help of his speritt, and grace in those weighty businesses, they were reminded of t[he] busines whereabout they iuett (viz) for the establishmt of such ciuill order as might be most p[leas]ing unto God, and for the chuseing the fittest men for the foundac worke of a church to be gathcr[ed.] For the better inableing them to discerne the minde of God and to agree accordingly concerning the establishmt of ciuiil order, Mr. John Davenport propounded diuers quaeres to them publiquely praying them to consider seriously in the presence and feare of God the weight of the busines they met about, and nott to be rash or sleight in giueing their votes to things they understoode nott, butt to digest fully and throughly whatt should be 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 prssed by Mr. Davenport, Mr. Robt Newman was intreated to write in carracters and to read distinctly 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.
Quaer 1. Whether the Scripturs doe holde forth a perfect rule for to directio and gouernmt of all men in all duet[ies] wch they are to performe to God and men as well in the gourmt of famylyes and comonwealths as in matters of the chur.
This was assented vnto by all, no man dissenting as was expressed by holding up of hands. Afterward itt was read out 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.
Quaer 2. Whereas there was a tour solemnly made by the whole assembly of freeplanters of this plantation the first day of extraordenary humiliation wch we had after wee came together, thatt as in matters thatt concerne the gathering and ordering of a chur. so likewise in all publique offices wch concerne ciuill order, as choyce of magistrates and officers, makeing and repealing of lawes, devideing allottmt of inheritance and all things of like nature we would all of vs be ordered by those rules wch the scripture holds forth to vs. This couent was called a plantation couent to distinguish itt from [a] chur. couent wch 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 whether all the free planters doe holde themselves bound by thatt couenant in all businesses of thatt nature wch are expressed in the couent to submitt themselves to be ordered by the rules held forth in the scripture.
This also was assented vnto by all, and no man gainesaid itt, and they did testefie the same by holde[ing] vp their hands both when itt was first propounded, and confirmed the same by holdeing vp their hands when itt was read vnto them in publique, John Clarke being absent when the couent w[as] made, cloth now manefest his consent to itt, allso Richard Beach, Andrew Low, Goodman Banister, Ar[thur] Halbidge, John Potter, Robt Hill, John Brockett and John Johnson, these persons being nott [ad]mitted planters when the couent was made doth now express their consent to itt.
Quaer. 3. Those who have desired to be receiued as free planters, and are settled in the plantation wth a purp[ose,] resolution and desire thatt they may be admitted into chur. fellowp according to Christ as soone [as] God shall fitt them therevnto : were desired to express itt by holdeing vp of hands: Accordingly all did expresse this to be their desire and purpose by holdeing vp their hands twice, (viz) both att the [pro]posall of itt, and after when these written words were read vnto them.
Quaer. 4. All the free planters were called vpon to expresse whether they held themselues bound to esta[blish] such ciuill order as might best conduce to the secureing of the purity and peace of the ordina[nces] to themselues and their posterity according to God. In ausw. herevnto they expressed by hold[ing] vp their hands twice as before, thatt they held themselues bound to establish such [civil order] as might best conduce to the ends aforesaid.
Then Mr. Davenport declared vnto them by the scripture whatt kinde of persons might best be trusted wth matters of gouermt, and by sundry argumts from scripture proued thatt such men as were discrib[ed] in Exod. 18. 2. Deut. 1. 13, wth Deut. 17. 15, ann. Cor. 6 : 1 to 7, ought to be intrusted by them, seeing [they] were free to cast themselues into thatt mould and forme of comon wealth wch 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, whereunto they have bound 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] be voted, and some others allso spake to the same purpose, none,att all opposeing itt. Then itt was propounded to vote.
Quaer 5. Whether Free Burgesses shalbe chosen out of chur. members. they thatt are in the foundat[ion) worke of the church being actually free burgesses, and to chuse to themselues out of the li[ke] estate of church fellowp and the power of chuseing magistrates and officers from among themselues and the power off makeing and repealing lawes according 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 into by the lifting vp of hands twice as in the former itt was done. Then .one man* [Probably Rev. Samuel Eaton] stood vp after the vote was past, and expressing his dissenting from the rest in pt 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 glue this power out of their hands : Another stood yp and answered that in this case nothing was done but wth 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 carried. Mr. Theophilus Eaton answered thatt in all places they chuse committyes, in like manner the companyes of London chuse the liueryds by whom the publique magistrates are chosen. In this the rest are not wronged because they expect in time to be of ye liury themselues, and to haue the same power. Some others intreated the formr to giue his argumts and reasons whererpuon he dissented. He refused to doe itt and said they might nott rationally demaund itt, seeing he left the vote passe on freely and did nott speake till after itt was past, because he would nott hinder whatt they agreed upon. Then Mr. Davenport, after a short relation of some formr passages betweene them 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 wth the minde of God and they had heard whatt had beene said since the voteing, intreated them againe to consider of itt, and putt itt againe to vote as before.—Againe all of them by holding vp their hands did shew their consent as before, And some of them professed thatt whereas they did wauer 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 morning before he came,. reading Dent. 1i .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 burgesses out of chur. members, and to intrust those wth the power before spoken off is according to the minde of God reuealed in the scriptures. .All haveing spoken their apprehensions, itt was agreed vpon, and Mr. Robt Newman was desired to write itt as an order wherevnto euery one thatt hereafter should be admitted here as planters should submitt and testefie the same by subscribeing their names to the order, namely, that church members onely shall be free burgesses, and thatt they onely shall chuse magistrates & officers among themselues to haue the power of transacting
among all the publique ciuill affayres of this Plantation, of makeing and repealing lawes, devideing of inheritances, decideing of differences thatt may arise and doeing all things or businesses of like nature.
This being thus settled as a foundarentall agreemt concerning ciuill gouernmt. Mr. Davenport proceeded to propound some things to consideracon 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 publiqucly propounded, to the end thatt they who were most approued might be chosen, for the town being cast into seuerall private meetings wherein they thatt dwelt nearest together gaue their accounts one to another of Gods gracious worke upon them, and prayed together and conferred to their mutuall ediffication, 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 entreated to consider whom they found fittest to nominate for this worke.
Quae. 6. Whether are you all willing and doe agree in this thatt twelue men be chosen thatt their fitnesse for the fonndacon worke may be tried, howeur there may be more named yett itt may be in ther power who are chosen to reduce them to twelue, and itt be in the power of those twelue to chose out of themselues seauen that shall be most approved of the major part to begin the church.
This was agreed vpon, by consent of all as was expressed by holdeing up of hands, and thatt so many as should be thought fitt for the foundacon worke of the church shall be propounded by the plantation, and written downe and passe wthout eaception vnlesse they had given publique scaudall or offence, yett so as in case of publique scandall or offence, euery one should haue liberty to propound their exception att thatt time publiquely against any man that should be nominated when all their names should be writt downe, butt if the offence were private, thatt mens names might be tendered, so many as were offended were intreated to deale wth the offender privately, and if he gaue not satisfaction, 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 upon were Theoph. Eaton, Mr. John Davenport, Mr. Robt. Newman, Mr. Math. Gilbet, Mr. Richard Mahon, Mr. Math: Turner, Eze: Cheurs, Thomas Pugill, John Ponderson, William Andrewes, and Jer. Dixon. Noe exception was brought against any of those in publique, except one about takeing an excessiue rate for meale wch he sould to one of Pequanack in his need, wch he confessed wth griefe and declared thett haueing beene smitten in heart and troubled in his conscience, he restored such a part of the price back againe with confession of his sin to the party as he thought himselfe bound to doe. And itt being feared that the report of the sin was heard farther th[an] the report of his satisfaction, a course was concluded on to make the satisfaction known to as many as heard of the sins. Itt was also agreed vpon att the said meeting that if the persons above named did finde 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 thinke meete, provided thatt itt should be signified to the towne upon 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 agreemt made in a generall meeting of all the free planters of this towne, on the 4th 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[ve] the power of transacting all publique ciuill affayres of this plantation, of makeing and repeali [ng] lawes, devideing inherritances, decideing of differences thatt may arise, and doeing all things and businesses of like nature. Itt was therefore ordered by all the said free planters thatt all those thatt hereafter should be receiued as planters into this plantation should allso submitt to the said foundamentall agreemt, and testifie the same by subscribeing their names under the names of the aforesaid planters as followeth.
Mr Theoph Eaton
Mr. John Davenport
Mr. Sam : Eaton
Mr. Robt Newman
Mr. Math Gilbert
Mr. Nath Turner
Mr. Rich. Malbon
Mr. Browninge
Mr. Linge
Mr. William Touttle
Mr. Cheevers
Mr. Perry
Mr. Craine
Mr. Fran : Newman
Mr. Tho : Yale
Tho : Fugill
William Andrewes
Richard Beckley
John Cooper
Jarvis Boykin
John Chapman
Tho : Kimberley
John Benham
Mr. Wilkes
Tho : Jeffreyes
Robt. Seely
Nicholas Elsey
John Budd
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 Halbidge
Edward Banister
Will Potter
John Mosse
John Charles
Richard Beach
Timothy Forde
John Reader
John Cogswell
Mathew Hitchcock
Francis Hall
Richard Osborne
James Clarke
Andrew Hull
Edward Patteson
Will Eues (Ives??]
Geo : Smith
John Peacock
Mathew Mouthrop
Andr. Messenger
Geo : Warde
Lawrence Warde.
[the following are autograph signatures]
Stephen Goodyeare
Thomas Gregson
Thomas Nash
William Jeanes
Jno Evance
Thomas Munson
John Livermore
Jeremey Whetnell
Luke Atkinson
Thomas Morris
William Russill
Beniamin Willmott
Thomas Powell
James Russell
Peter Browne
John Tompson
Abraham Bell.
John Vincent
Tho : Walker
Beniamin Pawle
Will Gibbins
John Hall
Richard Merriman
Edw Chipperfield
Steven Metcalfe
William Gibbard
Ralph Dayghton
William Peckke
Anthony Tompson
Christ. Todd
John Gibbes
John Nash
Adam Nicholls
Tho Beamont
Josua Atwater
Thomas Osborne
John Wakeman
William Davis
Francis Browne
Robert Pigg
Nath Merriman
Roger Alling
Henry Peck
Marke Pierce
Theophilus Higginson
Mathew Camfeld
[In the handwriting of Francis Newman.]
FREE MANS CHARGE
[4] Yow shall neither plott, practise nor consent to any evil]. or hurt against this Jurisdiction, or any pte of it, or against the civill goverment here established. And if you shall know any pson, or psons wch intend, plott, or conspire any thing wch tends to the hurt or prejudice of the same, yow shall timely discouer the same to lawfull authority here established, and yow shall assist and bee helpfull in all the affaires of the Jurisdiction, and by all meanes shall promove the publique wellfare of the same, according to yor place, ability, and opptunity, yow shall give due honnor to the lawfull magistrats, and shall be obedient and subject to all the wholesome laves and orderes, allready made, or wch shall be hereafter made, by lawfull. authority afforesaid. And that both in yor loon and estate : and when yow shall be duely called to give yor vote or suffrage in any election, or touching any other matter, wch concerneth this common wealth, yow shall give it as in. yor conscience yow shall judg may conduce to the best good of the same.
[In the handwriting of Thomas Fugill.]
[5] OCTOBER 25th 1639.
The Court being settled according to the foundamentall agreemt made the 4th day of June 1639, consisting of those seauen onely who were in the foundation of the church, namely Mr. Theoph. Eaton, Mr. John Davenport, Mr. Robt. Newman Mr. Math Gibbert,[an error in the recorder for Gilbert?], Tho. Fugi [ll] , John Ponderson, and Jerimy Dixon, [It appears that the churches of New Haven and Milford were gathered to the seven pillars on the 22d of August, 1639. The tradition is that soon after Mr. Davenport was chosen pastor of the church at New Haven, and that Mr. Hooker and Mr. Stone came and assiste in his installation. Trumb. 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. Pruddens, and alludes to the place as being a mighty barn] after solemne prayer unto God did pceede as followeth.
First all former power or trust for mannaging any publique affayres in this plantatio, into whose hands soeur formerly comitted, was now abrogated and from henceforeward vtterly to cease.
Secondly all those thatt have Beene receiued into the fellowpp of this church since the gathering of itt, or who being members of other approved church esoffered themselues, were admitted as members of this court. Namely Mr. Nathaniell Turner, Will Andrewes and Mr. Cheeurs, 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 wch intend, plott, or con-spire any thing wch tends to the hurt or prejudice of this Jurisdiction, or the ciuill gournment here settled, you shall forthwith discouer itt to the magistrates, or to one or more of the Deputies who shalbe chosen and intrusted in the publique occasions of the same, you shall assist and be help full therevnto wth body, minde and goods, in any thing wch may concerne the safety or promove the peace and welfare thereof, as God shall glue abillity and oppertunity. And you shall be subject to all lawes and orders well according to God shall be made by the court, to the uttmost of yor power.
This being done, the court proceeded to the choyce of a magistrate and 4 deputye[s] to assist in the publique affayres of the plantation, 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 member of this church, a man well known and approved by the court as fittly quallified for thatt office according to the said discription, was by full consent chosen magistrate for the tearme of one whole yeare. And Mr. Davenport gaue him his charge grounded vpon Deist. 1. 16, 17. And Mr. Robert Newman, Mr. Mathew Gilbert, Mr. Nathainell Turner and Tho. Fugill was chosen deputyes to assist the magistrate in all courts called by him for the occasions of the pla.ntation for the same tearme of one whole yeare a[nd] receiued their charge faithfully to assist according to the trust comitted to th[em.]
Tho. Fugill was chosen publique notary, to attend the court and from time to time to keep a faithfull recorde of all passages and conclusions of the court, and of whatsoeu[er] else then or att other times shall by the court or magistrate be comitted to him concerning the ciuull publique occasions of the Plantation.
Robt. Seely was chosen marshall, his imploymt and charge from time to time to warne courts according to the direction of the magistrate, to serve 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 plantatici in all things apptaining to his office.
Itt was further agreed thatt there should be a renewing of the choyce of all offi[cers] every yeare att a Generall Court to be held for this plantation 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 government in this plantation.
[6]Octob : 26: 1639.
The ciuill affayres of the plantation being settled as before, by the puidence of God an Indian called Messutunek, alias Nepaupuck, who had beene formerly accused to have murderously shed the bloode of some of the English; of his owne accorde wth a deer's head upon his back came to Mr. Eatons, where, by warrant the marshall apprehended and pinioned him, yett nottwthstanding by the subtillty and treachery of another Indian his companion, he had allmost made an escape, butt by the same providence he was againe taken and deliured into the magistrates power, and by his order safely kept in the stocks till he might be brought to a due tryall. And the Indian who had attempted his escape was whipped by the marshall his deputy.
Octo : 28: 1639.
The Quillipieck Indian Sagamour wth diurs of his Indians wth him were examined before the the magistrate and the deputyes for this plantation 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 wth his owne hands.
Mewhebato a Quillipieck Indian, kinsman to the aforesaid Nepaupuck, comeing att the same time to interceed for him, was examined whatt he knew concerning the murders charged vpon the said Nepaupuck ; att first he pretended ignorance, butt wth 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 wthdrawing, Nepaupuck was brought in and examined, he confessed that Nepaupuck was guilty according to the tennure of the formr charge, butt denyed 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 his speritt and boldenesse ; butt Wattoone the sonne of Carrahoode a councellor to the Quillipieck Indian sagamour comeing in, charged him more perticularly thatt he had killed Abraham Finch an English man att Weathersfield and thatt he himtselfe, the said Wattoone, stood upon the island att Weathersfield and beheld him the said Nepaupuck now present acting the said murder.
Lastly the Quillipieck sagamor 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 convinced, he confessed he was the man namely Nepaupuck, and boasted he was a great captain, 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 cult of, or thatt he might dye in any other manner the English should appoynt, onely he said fire was God, and God was angry wth 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.
COURT 29 : OF OCTOB : 1639
.A Generall Court being assembled to proceed against the said Indian Nepaupuck who was then brought to the barre, and being examined as before, att the first he denyed thatt he was thatt Nepaupuek well had comitted those murders wherewth he was charged, butt when he see that the Quillipeck Sagamour and his Indians did againe accuse him to his face,- he confessed thatt he had his hand in the murder of Abraham 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 on Connectecutt riuer, and thatt there was but one Nepaupuck and this was he, and the same thatt tooke a childe of Mr. Swaines att Weathersfield. Then the said Nepaupnek being asked if he would nott confess yt he deserved to dye, he answered, it is weregin.
The Court haue had such pregnant proofe, proceeded to pass sentence upon him according to the nature of the 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 pinched upon a pole in the markett place.
[7] A COURT HOLDEN THE 3d of Nouember 1639.
Thomas Kimberley was admitted member of the court and recived his charge.
Itt is ordered that Mr. Samuell Eaton, Captaine Turner, Robt Newman and Thomas Fugill shall treate wth the Hartfordeshire men about their lotts, to see if they will part wth them and vpon what tearmes.
Itt is ordered thatt gates shalbe made att the end of every streete att the outside of the Towne, wth 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 use, and as much more as will finnish his house as he now intends itt, he thinking that two hogs-heads more will serve.
Int 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 wthout prejudice to ye towne.
Itt is ordered thatt Mr. Eaton, Mr. Sam : Eaton, Captaine Turner, Robt Newman, Mathew Gilbert, Thomas Full 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 suspition of stealing mony from Edward Cox, boatswaine of the Exetor merchant, was referred to further proofe.
A Genll COURT THE 25 OF Nouember 1639.
Itt is ordered that after this day no man shall cutt any timber downe butt where he shall be assigned by the magistrate, except on his owne ground.
Itt is ordered thatt Leivetennaut Seeley and Goodman Andwewes 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 wch 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 forthwth, fifty foote square, and that the carpenters shall fall timber where they can finde it till allotmts be layd out and men know their owne proprietyes.
Itt is ordered that Mr. Gregson & Mr. Evance shall have fower dayes liberty after this day to square their timber before the former order take holde of them.
Whereas the building of the meeting house will cost 500 wch will require a rate of 303 in every hundred pounds, itt is therefore ordered thatt the said rate shall be estreeted and payd att 3 severall payments (viz.) the first forthwth, the second in March next, and the third in May next after, and wth this every one that are behinde with the formr rate of 2.5 vpon every hundred are now to pay itt allso.
Itt is ordered thatt Mr. Eaton, Mr. Davenport, Robt Newman, Mathew Gilbert, Captaine Turner and Thomas Fugill shall from hence forward have the disposeing of all the house lotts yett vndisposed of about this towne, to such persons as they shall judge meete for the good of the plantation, and thatt none shall come to dwell as planters here wthout their consent and allowance, whether they come in by purchase or otherwise.
Itt is ordered thatt every one that beares armes shall be compleatly furnished wth armes (viz), a muskett, a sworde, bandaleers, a rest, a pound of powder, 20 bullets fitted to their muskett, or 4 pound of pistoll shott or swan shott att least, and be ready to show them in the markett place vpon Munday the 16th of this Moneth before Captaine Turner and Leivtennant Seely tender the penalty 205 fine for eury default or absen[ce].
[8] A COURT HOLDEN 4th OF DECEMBER 1639.
Itt is ordered that Thomas Saule shall agree wth Goodman Spinnage before the next court, or else the court will determine the difference betweene them.
Roger Duhurst and James Stewart are injoined to make double restitution to John Cockerill for five pound and seaventeene shillings wch they stole out of his chist on the Lords day in the meeting time, and they being servants to the said Cockerell, for wch aggravation they were whipped also.
Thomas Manchester, servant to Mr. Perry being accused by his Mar for being druncke, and for giveing his Mar vncomely language for wch his Mar having given him some correction, the court (onely) caused him to be sett in the stocks for a certaine time.
Nicholas Tanner, servant to the said Mr. Perry, for drunkennes and abuseing his Mar in wordes, was whipped.
A GENERALL COURT THE 4th OF JAN: 1640.
Itt is agreed by the towne and accordingly ordered by the court than the Neck shall be planted or sowen for the tearme of seamen yeares, and that John Brockett shall goe about laying it out forthwth, and all differences betwixt pty and pty aboute ground formerly broke vp and planted by English there shall be arbitrated by indifferent men well shall he chosen to that end.
Itt is ordered than Mr. Davenports quarter, Mr. Eatons, Mr. Newmans and Mr. Tenches quarters shall have their first division of upland to begin att the sea side after the small lotts are layd out, and so goe on to the cow pasture, and to have their meaddow in the east meaddowes. And Mr. Evance quarter, Mr. Fowlers, Mr. Gregsons, Mr. Lambertons and the subburbs, are to begin wth their lands att the oyster poynt, and so come on to the oxe pasture in order, and to have their meaddow in the west meadowes, in the meadowes called Mr. Malbon meadow, on the Indian side, and in the sollitary cove. Also that the cow pasture shall begin on the hither side of the Beever ponds, and the oxe pasture on the farm side of the Bever pond, and the way to them both to begin att Mr. Tenches corner.
Itt is ordered thatt no planter or planters shall make purchase of any lands or plantation from the Indians or others for their owne private vse or advantage, butt in the name & for the vse of the whole plantation.
Itt is ordered that some speedy course shall be taken to keepe hogs out of the neck.
It is ordered thatt a convenient way to the hay place be left common for all the towne.
Itt is ordered thatt no cattell belonging to this towne shall goe wthout a keeper after the first of May next.
Itt is ordered thatt those thatt kill wolves and foxes shall have for every wolfe head 15s and for every fore head 2s 6d, and if any by setting guns or traps shall hap to kill any hogs or other cattell, the towne is to beare the damage till some other course be determined.
Memorand. Itt is agreed that Mr. Evance quarter shall have their meadow in the East meadowes.
Itt was agreed that every planter in the towne shall have a proportion of land according to the proportion of estate wch he hath given in, and number of heads in his famyly, (viz) in the first divisiu of upland & meadow 5 acres for every hundred pound, [an]d 5 acres for every two heads, of upland, butt halfe an acre of meadow to a head [and] in the necke an acre to every hundred pound, and halfe an acre to erery head.
[9] A COURT HOLDEN THE 5th OF FEBR. 1640.
Itt is ordered by the court, thatt Mr. Malbon and John Reader, and whosoever else hath any thing to doe wth the .estate of William Thorpe, late deceased, shall appeare att the next court for the settleing of thatt busines.
Itt is ordered thatt brother Turner shall see a true inventory taken of Mrs Higginsons goods, thatt itt may be given into the court upon oath. [ widow of Rev. Francis Higginson. She may have been a relative, perhaps sister, of Governor Eaton. ]
Itt is ordered thatt Thomas Saule shall pay 5s in the weeke to Mr. Evance, to lye in his hands (for the securing of Goodman Spinnage in respect of his clame to the said Tho : Saule) and thereupon Mr. Evance doth hereby ingage himselfe for the said mony vntill the said Thomas Saule shall neglect to pay the said mony according to ords.
Itt is ordered thatt brother Andrewes, bro : Kimberley, William Eves and Sergeant Beckley shall assist Mr. Ling to ripen Goodman Taps busines against the next court, concerning his demaund of certaine monyes wch he disbursed for bringing cattell from the Bay, appertayning to divers persons.
Itt is ordered that bro : Andrewes shall detaine somuch of Robt Cainpian his wages in his hands as may secure a debt of 3 wch Mr. Moulenor demaunds of the said Robt.
Itt is ordered thatt Mr. Moulenor shall pay to Mr. Perry 10 wch he owes to him.
Itt is ordered thatt Mr. Wilks shall pay 5 bushells and a halfe of indian corne to Thomas Buckingham for come destroyed by Mr. Wilks his hogs.
Isaiah, Captaine Turners man, fined 5 for being druncke on the Lords day.
William Bromfield, Mr. Malbons man, was sett in the stocks for prophaining the Lords day and stealing wine from his Mar wch he drunk and gave to others.
Ellice, Mr. Eaton boy, was whipped for stealing a sow and a goate from his Mar and selling them.
David Anderson was whipped for being drunke.
John Jenner accused for being drunke wth strong waters was acquitted, itt appearing to be of infirmyty & occasioned by the extremyty of the colde.
Mr. Moulenor, accused of being drunke, butt nott clearely proved, was respited.
Peter Browne licensed to bake to sell, so long as he gives no offence in itt justly.
A GENERALL COURT the 18 of FEB. 1640.
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 plantation, being nott onely a disorderly person himselfe, butt an inconrager of others to disorderly drinking meetings.
George Spencer being prophaine and disorderly in his whole conversation and an abettor of others to sin, and drawing on others into a conspericie to carry away the Cock[the name of a small vessel] to Virgenia was whipped and sent out of the plantation.
John Proute, Hen : Brasier and Will Bromfield was whipped for joyning in the aforesaid conspericie, and the said Hen and William were ordered to weare irons dureing the magistrats pleasure.
[10] 25th of FEB : 1640
Mrs. Higggingson, late planter of Quillipieck dyeing wthout makeing her will, & leaveing behinde her eight children, an inventory of her estate being taken, the court disposed of her estate and children as followeth wth the consent and approbation of Mr. John Higginson her eldest sonne. [ Rev. John Higginson was born in England Aug. 6, 1616. Some timb after the death of his father with whom he came to this country in 1629, he was the instructor of a school at Hartford, his mother with six of her children being somewhat dependent upon his exertions for her support after this he was chaplain at Saybrook for 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.]
The said John Higginson, the charges of his education considered, is onely to have his fathers books, together wth the value of 51 in bedding for his porco.
Francis Higginson the second sonne and Tymothy the third sonne, their education all so considered, are to have each of them twenty pounds for their portions.
Theophilus Higgiuson 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 wth 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 wth all the aecommodatios belonging therevnto, equally to be devided betwixt them, for fiffy pounds of their portion.
Anne rnginson her daughter, is to have forty pounds for her portio and her mothers olde clothes, together wth the remainder of the estate when the debts and other portions are payd.
Charles Higginson to have 40 to his portio, and to be wth 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 : Fugell is to finde him what is convenient for him as a servant, and to keepe him att schoole one yeare, or else to advantage him as much in his education 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 Fubeill is to pay the said portio to the rest of his brothers thatt are alive aft the end of the said nine yeares.
Neophitus Higginson being wth Mr. Hoffe in the Bay of Mattacusetts, is to remaine wth 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, wch he is to pay to the said Neofatus att the end of the said tearme as his portio.
When the farme att Sawgus is sould itt is to be equally devided among the brothers.
ATT A COURT HELD THE 5th OF MARCH 1640
Whereas a will was made by Nathaniell Axtell the 27th of Jan : 1639 [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 ], before his goeing into olde England, and left in the hands of Goodman Miles for the disposeing of his estate wch 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 Goodman 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 wth the consent of the court not claymeing any propriety in the ground as inherritance.
Mr. Lambertons man, Hen. Brasier, was freed from his chaines from hence forward. Will Bromfield and Tho : Manchestr are to weare theirs a weeke longer.
[11A COURT HOLDEN THE 3d OF APRILL 1640.
Itt is ordered thatt Mr. Fowler, John Cockerill and Leivetenant 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 give a good accoumpt of them att the next court, or when he shall be called, thatt 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. Mahon and Thomas Moulenor the elder, and acquaint Mr. Turner, Mr. Gilbert, Mr.. Lamberton and Thomas Fugill wth 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 lose of 24s due vnto them from George Spencer, because there is not sufficient to satisfy them both to the full.
Itt is ordered that Archer Halbidge shall pay 40s 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) by 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 forthwth.
Itt is ordered thatt John Mosse, Timothy Forde and Richard Beach shall pay each of them 1s fine for trees wch they did fall disorderly.
Hen : Akerlye was rebuked for building a cellar and selling itt wthout leave.
Itt is ordered that all the trained band shalbe in the markett place the 3d day next weeke by 7 a clock in the morning wth their armes compleat.
A COURT HOLDEN THE 6t 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 equally derided among the credetors according to their proportion.
Itt is ordered thatt a measurer shall be appopnted to measure all the corne thatt comes into the plantation to be solde, and for that end a role shall be made to strike the bushell wth.
Liberty granted to Mr. Gregson, bro : Andrewes and Goodin garde to left their timber lye in the woods for the space of 2 moneths wthout forfeiture.
An account deliured into the court by Mr. Lamberton betwixt himselfe and Goodman Spencer whom he imployed as his steward att sea in his voyage hither, for wch service he allows him 5 lb 10s 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 Goodman Spencer, and wthall that he will be ready aft any time to make oath of the truth of that account wch he had given in, wth wch Mr. Fowler, and Goodman Tapps were satisfied, who were intrusted for the child of the said Spencer late desceased.)
[12] A COURT HOLDEN THE THIRD OF JUNE 1640. Gerll.
All the Mars of the watches received their charge and orders as followeth,
1. The drummr is to beat the drum att the goeing downe of the sunne.
2 The Mar of the watch is to be att the court of garde wthin halfe an hower after the setting of the sun wth his armes compleate.
3 All the watchmen are to be there within an hower after the setting of the sun, wth their armes compleate, and their guns ready charged, and if any of them come after the time appoynted, or be defective in their armes, they are to pay 1s fine, for totall absence 5s fine. And if the Mar of the watch transgresse, either in late comeing, defectivenes in acmes or 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 turves, as well wthout the towne as wthin 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 wthin dores or wthout, wther English or or Indians, or any other straingers whatsoeur 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 apparent comon danger wch they cannott otherwise prevent or stop, then they are to make an alarum by discharging their two guns well are to be answered by him thatt stands att the dore to. keepe sentirlell, and that allso seconded by beating of the drum. And if the danger be by fire, then with the alaru the watchm are to cry fire, fire. And if itt be by the discovery of an enemy, then they are to cry arme, acme, all the towne our, yett so as to leave a guard att the court of guard.
5. The Mar is to take care that one man alwayes stand sentinell in a sentinell posture wthout the watch house to hearken dilligently after the watchmen, and see that no man come neare the watch house or court of guarde ; no, not those of the prsent watch who have beene walking the round, but that he require them to stand and call forth the Mar of the watch to question, proceed or receive them as he shall see cause. The Mar of the watch is allso to see that none of the watchmen sleepe att all, and thatt none of their guns remaine vncharged till the watch breake up (and then they may discharge), and allso that no man lay aside his armes while the watch continues.
6. Every Mr of the watch in his course, is to warne both his owne watch and the Mr of the succeeding watch, fower and twenty hovers before they are to watch, and not to doe itt sleightly, butt either to warne the psons themselves, or to leave the warning wth some sufficient for such a trust.
Lastly, if any Mar of the watch shall faile either in the warning or ordering of the watch in any of the forenamed pticulars, or shall breake vp the watch in the morning before itt have beene full halfe an hover day light, or neglect to cornplaine 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 quality 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 Mars wife was whipped seveerly and sent out of the plantation, being a pestilent fellow, and a corrupter of others.
Nathaniell Axtell his will, and inventory of his goods delivered into the court.
[13] A GENERALL COURT HELDE THE 11th OF JUNE 1640.
Mr. James, Adam Nicholls, Abraham Bell, Francis Newman, 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 solde here above 3d in the shilling for proffitt and adventure above what they cost wth charges, when solde by retayle, when solde by the peece or vessell by wholesaile, lesse proffitt may suffize.
When bought from ships or other vessells here, not above 3ob [Obolus is now usually taken to signfy our half penny; but in old time it signified the half noble; the noble was then called penny, and its quarter a fathing.] in the shilling by retale, nor above a pent/ in the sllillijig by wholesaile. Butt comodityes of a perishing natr, 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, Connectecutt, Virgenia or other places, to be in proportion moderated in the prises, according to the adventures and nature of the comodityes.
In callings wch require skill and strength, as carpenters, joyners, plasterers, bricklayers, shipcarpenters, coopers and the like, mar workemen. not to take above 2s 6d a day in sumr, in wch men may worke 12 howers, butt lesse then 10 howers dilligently improved in worke cannot be accounted nor may be admitted for a full dayes worke, nor in winter above 2s a day, in wch att least 8 howers to be dilligently improved in worke. And by advice of approved mr workemen the names of others who in their severall trades are to be allowed for mr workemen are to be sett downe. Butt all workemen in the former and like trades, who are not as yet allowed to passe under the names of mar workemen, not to take above 2s a day in sumr and 20d a day in winter, they improveing their time in worke both in sumr and winter as above expressed.
Planters and laborers, experienced and dilligent in their way, not to take above 2s a day in sumr, and not above 18d in winter improveing their time as above, and others in proportion, as they may deserve, and boyes to have wages in sumr and winter in seurall imploymts according to the service they doe, wch shall be judged, (when any doubt ariseth), by honest and indifferent men.
For goeing wth boats of seuerall sorts, the man not above 2s a tyde, the whole tyde being dilligently improved according to the nature of that imploymt.
And for boates, according to their quallity and burden. A. lighter of 16 tunne wth a boate or cannow wth her, not above 3s a tide, and one of 12 tunne, with a boate, not above 2s 6d a tide. A shallop of 4 tunne, not above l s a tide, and so in respective proportion. Butt in such raines or stormes that goods cannot be laden without spoyling, nor the boate stirr though the tide serve, no paymt 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 4s 6d for boards. 5s for plancks. as 6d 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 findes the tooles, not above 2s 6d a day in somr, and the pitt man., and he whose skill and charge is lesse, not above 2s, and a proportionable in winter as before. If they be equall in skill and charge, then to agree or divide the 4s 6d betwixt them.
Falling of timber, that wch is full 2 foote our or above, one wth another not above 3d a foote ; lesser timber, being yett full 18 inches our and under 2 foote, not above 2d a foote ; all other trees of lesser size not 18 inches our, either by dayes wages, or as shall be reasonably agreed. Crosscutting, by the day, as other labors, or as shall be agreed wth equity.
Hewing and squaring timber of severall sizes, one wth another, butt the least 15 inches square, well done that a karfe [Kerf, the way made by the saw or the away slit in a piece of timer or board. The sawn away slit between two piece is called a ker.] or planke of 2 inches thicke being taken off on 2 sides, the rest may be square for boards or for other use, not above 18d 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 wth, not above a peny a foote running measure.
[l4] Mowing, when by the acre, not above 3s salt marsh, nor above 2s 6d fresh marsh, when by the day, not above 2s 6d, and this to be of skilfull mowers, dilligently improveing their time and skill. A skillfull thatcher, working dilligently, not above 2s 6d a day.
Fenceing wth pales, as houslotts, now are, for felling and cleaveing posts and raffles, crosscutting, hewing, mortising, digging holes, setting vp and nailing on the pales, the worke being in all the pts well wrought and finished, not above 2s a rod, butt in this price pales and carting of the stuffe not included. Fencing wth 5 railes, substantiall posts, good raffles, well wrought, sett vp and named, that pigs, swine, goates and other cattell may be kept out, not above 2s a rod. Fencing wth 3 raffles, good stuff, well wrought and finished, not above 18d the rod.
Substantiall posts sould in the woods, not above 9s or lOs 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 broade, one wth another one wch another indifferently sorted, not above 7s the hundred.
Inch bords to be sould in the woods nott above 5s 9d P hundred.
Clapboards in the woods, good stuffe, not above 4s 0 P' 100. 6 foote long 3s 6d.. 5 foote and 4 foote 3s O P hundred ; hewing and nailing them on roofes and sides of houses, well done not worth above 5s P hundred, butt as most are done, not worth above 2s 6d. Shingle, good stuff 3/4 of an inch, and 6 or 7 or 8 inches broad, sorted in the woods, being 3 foote 2s 6d P hundred. 2 foote 2s. 14 inches 1s P hundred, butt if defective, price accordingly.
halfe inch boards in the woods not above 5--2 P 100.
2 inch planke in the woods not above 7-..0 P 100.
inch boards sould in the towne not above 7—9 P 100.
halfe inch boards in the towne, nott above 6—2P 100.
2 inch planke in the towne not above 11—0 P' 100.
Sawen timber 6 inches broad and 3 inches thick3/4 fard P foote. [this and next two].
in the woods running measure not above
in the towne not above 1 d P' foote.
Sawne timber 8 inches square running measure in
the woods not above 4P' foote. in the towne not above 2d 4' foote. 1 d 1/4 P foote.
Lime well burnt vnslaked , and brought by water to the landing place of the towne, by the bushell heaped, not above 9d 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 romaine full, not above 5s P hhd.
A COURT HOLDEN THE I OF JULY 1640.
Daniell Fuller for neglect of his watch was fined three shillings.
Thomas Parsons and John ____ , servants to Elias Parkmore were whipped for their sinfull dalliance and folly wth Lidia Browne.
Andwew Low the sonne of Andrew Low, was whipped for roiling from his mar and stealing fruits out of Goodman Wards lott or garden.
Tho : Chambers being accused for scoffing at religion, it not being sufficiently proved, he was dismissed onely wth an admonition and caution.
Arthur Halbidg being charged wth fake measure in lime, was respited till another court for a more full testimony.
[15] A COURT HOLDEN THE 5th OF AUGUST 1640.
Itt was ordered thatt Thomas Games shall pay veto John Moody or his assigns, 500 weight of good tobacco, wch should have beene payd 14 or 15 moneths ago. In coiisideration whereof, the court doth order the said Thomas Games to pay viito the said John Moody a hundred weight more of tobacco 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 condicoin yt he shall repay itt into the court in case any others shall lay claine to the same and require satisfaction
.
Itt is ordered that Mr. Craine shall pay the rates due for Mr. Rowe [Owen Rowe 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.] 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 deducted out of his estate here in cattell when they are soulde.
Goodman Osborne fined 5s for neglecting to warne the watch mar next succeding his owne, whereby the watch was neglected 3 nights.
Brother Perry was fined one shilling for warning his watch too late, tho the watch was not neglected.
ATT A GENRLL COURT HELD THE It of THE 7th MONETH 1640.
Mr. Lamberton 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 common charges of the towne, shall pay itt within 14 dayes after the date hereof, or else some other course must be taken to compell them. And also thatt another rate be forthwth estreeted of 2001b, halfe vpon estates and halfe upon lands.
Mr. Turner was chosen Captaine to have the comaund and ordering of all martian affayres of this plantation, as setting and ordering of watches, exerciseing and training of souldiers and whatsoeur of like nature appertaining to his office; all wch he is to doe wth all faithfullnes and dilligence, and be ready att all times to doe whatsoeur service the occasions of the towne requires or may require.
Itt is ordered that eury man that is appoynted to watch whether mrs 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, or pastor, Mr. James, Mr. Samuell Eaton and the 2 deacons. [Matthew Gilbert and Robert Newman].
The plantation of Totokett is granted to Mr. Samuell Eaton for such friends as he shall bring ouer from olde England, and vpon 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. Roes lott shalbe fenced in, or pastor shall have a way or passage left 8 foote broad betwixt it and Mr. Craines lott, yt he may doe out of his owne garden to the meeting house.
Itt is ordered thatt none in this plantation shall either sell or lett a lott to any strainger for yeares wthout allowance from 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 course taken wth them so as they cannot ram the ewes till the fittest season.
A peece of around granted to Mr. Lamberton for a yeard to his cellar by the west creeke, butt to be veiwed by the comittp chosen to dispose of all the lotts and lands aboute the towne, and sett out by them to him, vpon 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 COURTT HELD ATT NEWHAVEN THE 2d OF 7 M; 1640.
Itt is ordered that Leivetent Seely shall pay vnto John Cockerill 141b 11s either in mony, corne or cattell, as they shall be indifferently prized by indifferent men wch 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 use of this towne, vpon condicon thatt he satisfie the just demaunds of Humphra Spinage when soeur he shall he called to an account aboute a clame wch the said Spinage loth make in the behalfe of one in London.
Itt is ordered thatt Goodman Chapman shall forthwth pay vnto Joh. Cockerill the sum of 51b lOs wch he is indebted to him.
Robt Cogswell is ordered to pay vnto Mr. Attwater and his bro: David the mony well he owes them, before the next court.
A difference betwixt Mr. Craine and Captaine Turner refered to bro : Gilbert and bro : Newman to arbitrate.
Richard Mansfield fined 2s for neglecting his watch.
The men appoynted to veiw the meaddowes, to sett done before lotts be cast, what allowance is equall to be cast into the acre where the meadowes are bad, Benjamin Linde, William Andrewes, Richard Perry, Will Touttle, Jasper Craine, John Chapman, Mr. Lamberton, Robt Seely, John Wakeman, Rich: Miles, Thomas Welch, Anthony Tompson, John Ponderson, Fran. Newman and Jer : Dixon.
ATT A COURT HELD ATT NEWHAVEN THE 6t OF THE 8th M. 1640.
Goodman Warde fined 2s for neglect of his watch and putt out of his place from being mar of a watch.
Wid Gibbons, Francis Browne and Tho : Franckland fined ls apeece for late comeing to keepe their watch.
Robt Champion being accused for drinking wine to excesse, was fined 5s.
Thomas Moulenor the elder, and Robt Campion were fined 5s apeece for affronting the court.
On Wednesday, being the 14th 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 Gw11 COURT HELD ATT NEWHAVEN THE 23 OF THE 8 M: 1640.
Itt is ordered euery one of the 5 quarters whose proportion 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 division of the Yorkeshire quarter wthout 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 veto the way that goes to Manunkatucke, wth upland answering that proportion. 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 wth whatsoeur conveniencies the place will afforde him for a farme.
Itt is ordered thatt or pastor shall have his farme where he shall desire itt wth all the conveniencies of upland and meadow and creeks wch the place where he pitches will afforde, though above his proportion, 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 conveniencie, thatt he may attend the service of the towne wch his place requires.
Itt is ordered thatt all the upland in the first dioisib wth all the meadowes in the plantatib shall pay 4d an acre yearly, and all the land in the 2d division shall pay 2d an acre yearely, att 2 severall dayes of paymt, (viz), the one in Aprill, and the other in October, to raise a Comon 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 2d division 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 3001b to his estate formerly given in, and Mr. Touttle to add 501b to his, provided thatt they pay all rates backward and forwarde, and if they remove, to sell nothing butt improvemts.
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 or pastors farme and the Indians wiggwams.
Itt is ordered than Mr. James shall have his meadow att the lower end of the deck, and bro: Andrewes shall have his meadow among the small lotts as itt shall fall by lott, in the Band 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 be Truck mar of this towne for this yeare ensueing, to truck wth the Indians for venison, so as he may afforde to sell to the planters thatt have need att 3ob a pound, all together, good and bad, one wth another.
Itt is ordered thatt no English men thatt kills venison shall sell the fattest for above 3d a pound, and the leane att 2d o b.
Itt is ordered thatt the causway to the neck shall be made forthwth.
Itt is ordered that wampam shall goe in this plantatio for 6 a peny.
[18] A COURT OF ELECTIONS HELD ATT NEWHAVEN THE 29th of 8 M : 1640.
Bro : Perry, Andrew Hull, Will Peck, Goodman Shirman, Goodman Gibbs and Goodman Livermore were admitted members of the court.
Mr. Eaton chosen magistrate againe.
Mr. Robt Newman, 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 proportion in their houslotts, 2 rod for one in the first division, and 3 for one in the 2d division.
Itt is ordered thatt Tymo : Baldwins lott shall have land layd to itt for 6 heads & 5001b, 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 workeman take more then is appoynted for worke and wages, he thatt gives itt and he thatt takes itt shall each of them pay a dayes worke fine, and the informr shall have the 4th pt.
Itt is ordered thatt every one thatt comes after they beate the drum ye 2d time, or come defective in acmes on trayning dayes, shall pay ls fine, and for totall absence 5s.
A GENRLL COURT HOLDEN ATT NEWH, THE 4 OF THE 9th MONETH 1640.
Whereas Andrew Ward and Robt. Coe of Weathersfield were deputed by Weathersfield men, the 30th of the 8th moneth comonly called October 1640, to Create wth the court att Newhaven about the plantation (lately purchased by the said towne [Capt. Turner as agent for the people of New Haven bought of Ponus Sagamore of Toquams, and of Wascussue Sagamore of Shippan (the other Indians consenting therto) all the ground belonging to the said Sagamore, except a piece of ground which Ponus reserved for himself and the other Indians to plant upon, The consideration was 12 coats, 12 hoes, 12 hatchets, 12 glasses, 12 knives, 2 kettles, and four fathroms of white wampum. The liberty of hunting and fishing on the land was reserved by the Indians. This agreement was signed on the first of July, 1640. ] called Toquams, wch being considered of, itt was agreed vpon by the said court and ptyes aforesaid, that they shall have the said plantation upon these tearmes following. First, thatt they shall repay unto the said towne of Newhaven all the charges wch they have disbursed about itt, wch comes to 331b as appeares by a note or scedule herevnto annexed. Secondly thatt they reserve a fift pt of the said plantation to be disposed off att the appoyntmt of this court to such desireable psons as may be expected, or as God shall send hither, provided that if wthin 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 wch may fill up some of those lotts so reserved, if this court approve of them. Thirdly thatt they joyne in all poynts wth this plantation in the forme of govermt here settled, according to the agreemt betwixt this court and Mr. Samuell Eaton about the plantation of Totokett.
These articles being read together wth Mr. Sam : Eatons agreemts in 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.
Itt is ordered by the court that Goodin Quick shall give security here for the barke and his account to the owners according to their request to Mr. Eaton, and for that end the moneyes thatt are in the hands of Captaine Turner and Mr. Gregson, and should be payd to Weathersley, but layd clame into 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 wth his mar to the full end and tearme of six yeares (from his first comeing) according to his ingagemt as appeared by the testimony of John Mason and his owne confession.
[19] Edward Adams testified upon oath thatt the note of informacon wch he had formrly delivered into the court (concerning lime wch Arther Halbidg hath delivered to the mill) is true, wch 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 Wakefield 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 vpun him and from hence forth take noe worke by the great, nor borne any lime to sell.
ATT THE 2d OF DECEMB : 1640.
Thomas Franckland for drinking strong liquors to excess and entertaining disorderly psons into his cellar to drinking meetings, togeth wth his contempt of the court, was whipped, fined 20s, and deprived of his cellar and lott, his lott and liberty of staying in the plantation being onely granted to him vpon his good behavior.
Andrew Loe junr was whipped for breaking Richard Osborne his cellar and stealing, & yt on the Saboth day.
Itt was ordered thatt John Davis, servant to Mr. Wilks, should be whipped for his stuborne carryage to his said mar, butt the execution of the sentence to be suspended for tryall of his future carryage.
Itt was ordered that Mr. Wilks shall abate 2 moneths of the time wch the said Joh : Davis should serve him, for undue correcting him, strikeing him upon the head wth a hammer, he being vpon the top of a ladder.
Itt was ordered yt 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 forthwth to some famylyes, except the magistrate see cause to respitt them for a time.
Itt was ordered that Mr. Moulenor should give an accout to the next court for his pceedings att Totokett.
ATT A COURT HELD ATT NEWHAVEN THE 6th OF THE 11th M :1640.
Whereas there was a roap lent by Mr. Craine to John Tompson, butt lost by Robt Cogswell who tooke the charge of the boate in wch itt was left, itt is therefore ordered thatt John Tompson shall make itt good to Mr. Craine, and Robt Cogswell shall satisfie John Tompson for itt.
Itt is ordered that Mr. Moulenor shall be comaunded from the court by the marshall to stay his proceedings att Totokett, inasmuch as whatt he hath done is disorderly and unwarrantably, 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.