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]
Itt is ordered thatt all the meadowes belonging to this towne wch upon pview the the deputies for the quarters thought meete thatt 8 acres for 7 should be layde out, (in way of allowance, now itt is to be abated, and thatt allowance wch that, and proportions above that should have had, shall be for makeing thatt allowance wch less proportions are appoynted, and worss meaddow is appoynted to have, in consideracon of the exceeding badnes 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 proportion for their second devision, 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 come therein in the meantime shall secure itt themselves, whether there or elswhere, every one are to secure their owne come, provided yt none doe willfully or negligently trespasse wth their cattell, and it is further ordered thatt after this yeare none shall plant Indian corne in the neck, butt onely sow itt wth English.
Itt is ordered thatt no mans inability or remisnes in fencing his part (in a genrll fence) shall hinder the improvemt 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 man shoote either bulletts or smaller shott in the towne, or wthin a quarter of a mile of the towne wthout a call, shall pay 5s fine for every default.
Itt is ordered thatt - if any shall cutt a tree wthout leave where the spruce masts grow, shall pay 20s fine for every default.
Itt is ordered thatt if any take either wheele barrow, hand cart or paddles, or oares wthout leave, _shall pay five shillings fine.
Itt is ordered thatt if any shall take boate or cannow wthout leave, he shall pay 20s fine, and whatt ever damage else may befall the owner for the want thereof.
Itt is ordered thatt fire hooks shall be made for the common vse of the towne, att a commn charge.
ATT A MEETING ABOUT CASTING LOTTS FOR THE EAST MEADOWES AND THE MEADOWES IN THE MILL RIVER 17th I 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 farre side of the hand in the East river, and so come downe againe on the hither side, and if there shall fall out to be some small pportion will will not amount to the quantity of him whose lott falls last in the Mill river, itt shall be in his choyce wther 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 or pastors farme, and so goe vp againe on the other side so farr as there is meadow, and whosoeur by lott falls next to the farmes thatt are layd out by choyce, if there be not their proportion 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 pportion, 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 comon.
The name[s of those w]ho are to have their meadow in the East meadow, as their lotts were cast:
1 Mrs. Higginson
2 Mr. Attwater
3 Mr. Pocock
4 Goodma Nash
5 Mr. Crain
6 Mr. Evance
7 John Ponderson
8 Mr. Lucas
9 Thomas Fugill
10 Edw : Wiglseworth
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. Samnell Eaton
28 Mr. Tench one ye Island.
The names of those who are to have their meadow in Milmeadow and the Iland in the East River, as their lotts were cast in order.
1 John Benham
2 Mr. Cheeuers
3 Tho Powell
4 Abraham Bell
5 Will Andrewes
6 Rich : Beckley
7. Wid : Greene
8. Wid : Williames
9. Tho : Kimberley
10. Robt Hill
11. Jarvis Boykin
12. Andrew Loe
13. Job : Coop
14. Wi Thorpe
15. Mrs. Eaton
16. Mr. Pearce
17. Mr. Yale.
The land for the small lotts on ye banke side and by ye west creeke was appoynted to be layd out, as their lotts were drawne in order as followeth:
1 Steven Metcalfe
2 Adam Nicolls
3 Nath : Merryman
4 John Tompson
5 Bro : Kimberleys bro :
6 John Nash
7 Mrs. Swinrton
8 Goodman Davis
9 Rich : Newman
Tho : Mitchell
Tho : Morris
Goodman Peck
Another lott
Goodman Haines
Goodman Dighton
Good Pigge
17 Francis Browne
George Larrymor
Tho : Beam[t?]
Tho : Leaver
John Vincent
Joh : Hall
Will Russells
Christopher Tod
25 Thomas Mounson
Ben : Willmott
Joh : Walker
Ben: Pauling
A brickmaker
Obadiah Barnes
Eliz : the washer
Will Gibbons
ATT A COURT HELDE ATT NEWHAVEN THE 1 th OF THE 2d MON : 1640 {correction: 1641}
John Reader was fined 40s for breakeing the order of the Court in exacting greater wages (then the Court had determined,) for 20 dayes worke wch he confessed he had received mony for.
John Thomas was fined is for neglecting his watch.
Susanna Man, servant to Mr. Goodyeare, haveing accused John Thomas for stealing a peece of stuff, valued att 31b 6s. she now confessed thatt she had slaundered him, and said thatt God had given her ouer to the Devill to make her lye, whercvpon it was ordered thatt she should pay to her mar double the price of the stuff as the said Joh : Thomas should have done if he had beene guilty, according to the law of God in thatt case.
[22] A GENrll COURT HOLDEN ATT NEWHAVEN 3d MON 1641
Mr. Goodyeare, Mr. Gregson, Mr. Newman and Mr. Gilbert chosen deputies for the halfe yeare next ensueing.
Mr. Gregson was chosen Treasurer to receive the yearely rates and keep accounts of all disbursemts upon all necessary occasions for the comon affayres of the towne.
Bro : Pecke chosen measurer for the towne to fill and strike all the corne thatt comes into the plantatin from other places, for wch he is to have 6d for every score bushells wch
he measureth, an a halfe peny for every bushell vnder tenne bushells, the one halfe to be paid by the buyer, and the other halfe by the seller.
Itt is ordered thatt all those thatt have hoggs shall drive them from the plantation about 5 miles from the towne, and haunt them forth abroade, neuerthelesse every one is to endeuor to secure their corne by sufficient fences.
Itt is ordered thatt the clay pitts shalbe layd out as common, as itt was first intended, and what charge of fencing Goodman Mansfield or others shalbe att extraordinary by thatt meanes, the towne is to bears itt in genrll.
Itt is ordered thatt dir. Goodyeare shall have his vpland (wch he is to have in the 2d division,) in a place wch 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 lease itt, shall have their pportion made up beyond the rocks wthout the 2 miles compasse.
Itt is ordered thatt every house in the towns shall have a ladder (in length to sute the height of their chimney,) wthin 5 weeks, to stand ready by their houses, tender the penallty 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 wthin the bounds of the neck.
Itt is ordered thatt the rates of wares and worke as they were prsented to the Court by the magistrate shall be settled and be in force in this plantation as followeth,
[23] RATES
Itt is ordered thatt seaven hovers shall be accounted a dayes worke for a teame, if thatt whole time be diligently improved in worke according to the nature of thatt implofmt, and the hyer for a steere by the day 9d, for a growne oxe or bull 12d, for a horse or mare 16d, for cart furniture and man Gd
.
For mar carpenters, joyners, plasterers, bricklayers, mowers, cowpers, thatchers, ryvers of clapboards, pailes, shingles, lathes and the like callings which require skill and strength, nott above 2s in somer and 20d in winter.
Butt others of the same trades or callings, nott allowed mar workemen, nott above 20d in Sommer and 16d in winter.
Plaisterers, haymakers, fellers of timber, those thatt cross-mitt timber, and all sorts of laborers experienced and diligent in their way, improveing time as above, in somr nott above 18d, in winter nott above 14d.
Vnskillfull negligent laborers, and bodes, both in somr and winter in severall imploymts, according to the service they doe, wch when any doubt ariseth shalbe judged by able and indifferent.
Boates of secerall sorts, the whole tyde being dilligently improved, according to the nar of that imploymt. The man by the tyde nott above 16d. A lighter of 16 tonne wth sale boate or cannow, nott above 2s. A lighter of 12 tunne 20d. A shallop of 4 tunne 8d, and so in respective proportion, butt in such raines or stormes that goods cannott be laden or unladen 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 cuff full & true measure, boards nott above 3s 8d, planks 4s, slit worke 4s 6d.
When men saw by the day, the top man or he whose skill guides the worke, and phaps findes the tooles, in somr and winter respectively as mar workmen, and the pitt man as vnskillfull or nott approved mar workmen, and if they be equall in skill and charg, then to devide the wages, wch shall be 22d a peeve in. sourer and 18d in winter.
Felling of timber, thatt wch is full 2 foote over and one wth another nott above 2 pence halfe peny, lesser sorts of timber full 18 inches over, and wider 2 foote, three halfe pence p foote, all other trees of lesser size then 18 inches over, either by dayes wages as laborers or as shall be reasonably agreed.
Hewing and squareing timber of several sizes one wth another, butt the least 15 inches square, well done thatt a kerfe of 2 inches thick being taken off on 2 sides the rest may remaine square, for boards or other vse, by the tunne, girt measure 15d, and for timer more sleightly lewen a lesse price in proportion. Sills, beames, plates or such like timber hewen square to build wth, running measure, by the foote nott above 8 farthings.
Mowing well done, wch vpon quest. is to be judged by other skillfull mowers, salt marsh by the acre nott above 3s 6d, fresh by the acre nott above 3s.
Fencing wth pales, as house lotts are now done, for felling & cleaveing posts and rales, cross cutting, hewing, mortising, digging holes, setting vp, well raming the posts and nailing on the pailles, by the rod, all the worke being well and sufficiently done in every pt appertaining to itt, 18d, 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 wth posts and rales as below.
Fencing wth .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 18d.
[24] Fencing wth 3 rales, such stuff, workmanship as wth 5 rales, nott above 14d, 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 7s. Substantiall 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 forenamed sizes, by the hundred, nott above 5s 6d.
Inch boards solde in the woods by the hundred nott above 4s 8d, halfe inch board 4s 2d, and 2 inch planke 5s 6d p hundred.
Inch board solde in the towne 6s, halfe inch boards 5s planke 8s 6d p hundred.
Sawen timber 6 inches broade 3 inches thick, in the towne by the foote runing measure nott above 3 farthings, 8 inches square soulde as before nott above 1d ob a foote.
Clapboards solde in the woods, good stuff 6 foote long 3s 4d 5 foote long 2s 10d.
Pales 6 foote long 3s, 5 foote 2-8, 5 foote 2s 4d.
Hewing and naleing clapboards on roofes and sides of houses well done, nott above 4s p hundred, butt as most are done nott worth above 2s or 2s 6d, therefore if any question arise, the worke to be rated and judged by indifferent men.
Shingle, good stuff 3 inches thick, some six, some seaven, some eight inches broad, sorted in the woods, being 3 foote long 2s p hundred ; 2 foote long 18d, 14, 15 or 16 inches long 9d, butt if defective, price accordingly. Hewing and shooting shingle, well done 3 foote nott above (___), 2 foote nott above 9d p 100, 14, 15 or 16 inches nott above 7d p hundred. Lathing and laying shingle, squar worke wth sawen laths 3 foote (___) 2 foote 14, 15 or 16 inches long, 10d p hundred—If hewed shingle 11d p hundred. If there be diurs gutters to be laid, then together 13d p hundred. Lime well burnt, vnslaked, brought by water to the landing place for the towne, by the bushell heaped, nott above 7d, by the hogshead full gaged contayning 8 bushells 4s, and the lime so putt in thatt when the hhd is carted from the water to the place where itt shall be vsed itt may remaine full.
Plastering, for drawing and carrying water, scaffolding, lathing, laying and finishing the plastering, providcing and paying his laborer, hawing, the lime, clay, sand, hayre, hay wtll materialls for scaffolding lard neare the place.
By the yeard for seeling 4 -ob, for side walls, being whole or in great paines 4d, betwixt the studs, the studs not measufed, 5d-ob. rendring betwixt the studs 2.d.
Dyett for a laboring man wth lodging and washing 4s—6d by the weeke. Venison sould by the English, if fatt, not above 2d.. b p pound, if leave 2d p pound, fowle a 1 portionab abatemt to whatt was sett last yeare.
All comodityes bought and sould among the planters, and among all worke wages and labor (hence forward, till some other course be settled by order,) to be payd for either in corne as the price goeth in the plantation, or in worke as the rates settled by the Court, or in cattell of any they sort as the shall be indifferently prized, or in good marchtable bever according to its goodnes ; and paymt to be made att the times wch shall be agreed vpun.
[25] A COURT HOLDEN THE 7th OF THE 5th MONETH 1641.
ATT NEWHAVEN.
Nicholas Tanner haveing ingaged himselfe to pay vnto Mr. Bryan three pounds about three moneth agoe wch he hath nott yett pformed, whereupon Mr. Bryan desired the justice of the Court. And the said Nicholas did pmise to the said Mr. Bryan thatt he would give him good security before the next Court, wch Mr. Bryan accepted.
Arther Halbidg was allowed to take worke by the great vpon good behavior.
Mr. Browning being mar of a watch, and neclecting to Warne the watch, so as itt was neclected, was fined 10s.
An inventory of Goodman Luckings deliured into the Court.
ATT A COURT HELD ATT NEWHAVEN THE 4th OF THE 6 M : 1641.
John Seckett servant to Mrs. Stolyo[m or n] for goeing about to slaunder and reproach his said Mrs, was admonished to tender to his Mrs. such satisfactio as she might accept, wch was referred to Mr. Goodyeare to determine.
George Warde ingaged his house to satisfie Mr. Huitt for a bill of debt and to satisfie Thomas Laude for a debt of 4lb allso.
Andrew Low junr for Saboth breaking, lying and stealing was severely whipped, and ordered to weare a lock.
A GENrll COURT HELD ATT NEWHAVEN THE 30th OF THE 6 MON: 1641.
Whereas there was a purchase made by some pticuiaar psons of sundry plantations in Delaware Bay, att their owne charge, for the advancmt of publique good as in a way of trade, so allso for the settling of churches and plantations in those pts, in combination wth this. And thereupon itt was propounded to the Genril Court wther plantations should be settled in Delaware Bay, in combination wth this towne, yea or nay, and vpon consideratib and debate itt was assented vnto by the Court, and exprssed by holding vp of hands.
So far as Captaine Turner hath refference to the civil state and imployed therein, pvided thatt his place be supplyed in his absence, the Court hath given free liberty to him to goe to Delaware Bay for his owne advantage and the publique good in settling the affayres thereof.
Itt is ordered thatt those to whome the affaires of the towne is comitted shall dispose of all the affayres of Delaware Bay, according to the intent of the agreemt for combination wth this towne in settleing plantations and admitting planters to sitt down there.
Mr. Goodyeare propounded his purchase of Mr. Farretts Iland [Now called Shelter Island. Mr. Goodyeare purchased it of Mr. Farrett May 18, 1641, and sold it June 9, 1651 to Thomas Middleton, Thomas Rouse, Constant Sylvester and Nathaniel Sylvester, for 1600 lbs of good, merchantable Muscorado Sugar] to the towne, butt itt was nott accepted.
Itt is ordered thatt the survayers shalbe payed for all the meadowes, creekes, and ponds wch they survay, though itt be cast in for or above allowance wthout measure.
Mr. Craine resigned Mr. Hickocks lott into the townes hands.
ATT A COURT HELD THE It OF THE 7th MONETH 1641. ATT NEWHAVEN.
Francis Hall being complained against by Luke Attkinson for wthholding from him some monay justly due to him, he was injoyned by the Court to make satisfactio to the said Luke forthwth.
[26] ATT A COURT HOLDEN THE 6t of OCTOBER 1641. ATT NEWHAVEN.
Itt is ordered that Edward Harwoode shall pay to Leivtent Seely (for takeing his cannow wthout leave,) twenty shillings.
Mr. Wilks being accused by his man John Davis for forceing him to be bound after he came on shipboard halfe a yeare longer then his father had consented to before, and agreed wth the said Mr. Wilks for, butt the said John Davis being defective in the proofe of his accusation, and Mr. Wilks wanting his witnesses to prove his innocencie, itt is ordered thatt if the said Mr. Wilks doe nott make it appeare by witnes (thatt his agreemt was for 4 yeares and a halfe) betwixt and the last of September come 12 moneth after the date hereof, he shall pay vnto the said John Davis 20s for every moneth so long as he stayes wth him above 4 yeares.
ATT THE GENll COURT OF ELECTIONS HELD ATT NEWHAVEN THE 27th OF OCTO: 1641.
Mr. Craine of this church, and Andrew Warde and Francis Bell of Rippowams, admitted members of this court and received the charge of freemen.
Mr. Eaton and Mr. Goodyeare chosen magistrates of this towne.
Thurston Rayner chosen constable for Rippowams to order such busines as may fall in thatt towne according to God, for the next ensueing year, butt is nott to be established in his office till he have received his charge from this Court and testified his acceptance thereof to this Court.
Mr. Gregson, Mr. Robt Newman, Mr. Gilbert and Mr. Wakeman chosen deputyes for this plantation.
Tho: Fugill chosen secretary.
Robt Seely chosen marshall.
A COURT HELD ATT NEWHAVEN THE 3d OF NOVEM : 1641.
Whereas Robt Johnson maketh clame to the house and loft of his brother John Johnson, late planter of this towne deceased, by vertue of a contract betwixt them, the Court haveing debated itt and nott findeing itt ripe for issue, itt was ordered thatt those thatt can give best light about itt should ripen their apprhensions so as they may be able to make oath of whatt they can testifie concering itt, wch may stand upon record for posterity.
David Anderson for his contempt of authority in carrying away a delinquent contrary to order and his owne pmise, was fined 20s.
Itt is ordered thatt an attachmt be sent forth to distraine the goods of Mr. Trobridge, to pay the townes rates, and to satisfie the demaunds of those psons to whom he is indebted, as Mr. Gregson 20s, Mr. Whitfield 20s, wth divers others of this town.
Itt is ordered thatt every one thatt have beene in the watchs shall pay to Steven [Metcalfe] the drumr and Jarvis Boykin nine pence a peece for a yeare and a halfe ending the first of Decem : next ensueing.
[27] A GENll COURT HELD ATT NEWHAVEN THE 29° OF NOVEM : 1641.
Richard Miles and Roger Allen admitted members of the Court.
Itt is ordered thatt so many of those (who have the small lofts by the sea side) as will resign their land beyond the East River shall have 6 acres for every single pson, 8 acres for man and wife, and one acre for every childe, att the farre end of the Great Paine in lew thereof, provided thatt vpou veiw itt be layde out so as the townes occasions may be accomodated wthout prjudice to the towne, and if any remove, they shall onely sell improvemts.
Itt is ordered thatt Wequash shall have a sute of cloths made att the townes charge. [" One Wequash Cook, an Indian living about Connecticut river's month, and keeping much at Saybrook with Mr.Fenwick, attained to good knowledge of the things of God and salvation by Christ, so as he became a preacher to other Indians, and labored much to convert them, but without any effect, for within a short time he fell sick, not without suspicion of poison from them, and died very comfortably."]
Itt is ordered thatt the townes rates shall be payd in corne aft 2s 4d a bushell by all those who chose to pay their rates in Indian corne.
Itt is ordered thatt if any shall furnish the Indians, whether directly or indirectly, wth any amunition whatsoever, shall pay for the first default 51b fine, and afterward att the discretion of the Court.
Tho : Fugill is allowed his 2d divisio att the foote of the West Rock of the cleare ground wch is there, or so much of itt as he desires, according to his proportion. [It was for falsifying this order by emitting the words "according to his proportion" that Fugill was excommunicated and deprived of his place, in 1645].
Itt is ordered thatt all the voed lotts, belonging to absent psons shalbe fenced att the townes charge untill the psons come thatt shall possesse them, and then all the charges to be retourned by the owners, and bro : Andrewes and bro : Mounson are to see thatt the fences be done well according to the order of the Court.
A COURT HELD ATT NEWHAVEN THE I of DECEM: 1641.
Itt is ordered thatt the firkin of butter wch Mr. Wilks tooke vp shall be left in the hands of bro : Ponderson, (or the vallue thereof) and remaine there till some cann challeng itt by the marke.
Itt is ordered that Goodman Hall shall have liberty to dispose of the children vcch he brought our till the Court have light to dispose otherwise of them, provided thatt they be well looked into and well vled. And Goodman Hitchcock who is to have one of them is to pay to the Treasurer what is due for the boy, and Goodin Hall is to be payd out of itt whatt is due to him.
A COURT HELD ATT NEWAVEN THE 5th OF JAN: 1641.
Itt is ordered thatt all the goods of Mr. Trobridg wch remaine shall be attached to satisfy the demaunds of the psons to whom he is indebted, namely Mr. Perry, Mr. Craine 101b and damages, Hen: Gibbons and Mr. Caine of Boston.
Tho : Badger being accused and convicted for defileing himselfe by divers vncleane passages wth one of his mars children not above 6 yeares of age, was whipped att a carts arse about the towne to make his punishment examplary.
[28] A GENll COURT THE 25th of 12th MON : 1641.
Mr. Malbon and Goodman Ives admitted members of the Court and received the charge of freemen.
Francis Browne, Thomas Morris, Abraham Smyth, Will Russells, Thomas Beamont, John Wilforde and Goodman Pigge are allowed to have their land in the Plaine, amongst the rest of their neighbors.
Itt is ordered thatt Mr. Robt Newman, Mr. Francis Newnan, Thomas Mounson and Adam Nicholls shall veiw the common way to the Plaines, and afterward itt is to be ordered so as may be most comodious for the publique good.
Itt is ordered thatt the Neck bridge shall be repaired forthwth, and thatt as speedyly as may bee a cart bridge be made ouer the West River and another over the Mill river.
Itt is ordered thatt a cart bridge be made over the East River allso, as soone as conveniently may be after the other two bridges are fully finished, onely itt is referred to consideraco wther the towne will beare the whole charge, or disburse a hundred pounds towards itt and left the rest be borne by those thatt have their lands on the east side, and in consideraco thereof, allow them the liberty and proffitt of fishing and the towne to stand to the repair of the said bridge.
Itt is ordered thatt the lawes formrly made concering wares and works shall fro hence forwarde be void and or no force till the Court see cause to the contrary.
Itt is ordered thatt all the voyde lotts in the towne shall be reserved for those for whom they were intended till the comeing of the first ships, and if then ye persons come nott for whom they are so reserved, the towne may dispose of them as they see cause, and itt is to be considered by the Court what is equall to be allowed for the improvemts vpon them.
Itt is ordered thatt a free schoole shall be sett vp in this towne, and or pastor Mr. Davenport, together wth the magistrates shall consider whatt yearly allowance is meete to be given to itt out of the comon stock of the towne, and allso whatt rules and orders are meet to be observed in and about the same.
Itt is ordered thatt the comon feild called the oyster shell feild shall be lett to such psons whose prsent need requires itt, the ordering and disposeing of wch is referred to the magistrates and deputyes.
Bro : Tompson, bro : Clarke, bro : Miles, bro : Wakens, bro : Atwater, bro : Francis Newman, bro : Robt Newman, bro : Perry and bro : Craine are desired to know the mindes of their severall quarters, how many are contented to exchang their land in the neck for land in the axe pasture.
Brother Davis sute for a little addition of land to be added to his proportion in the plaines, to save him some charge in fencing was granted by the Court.
Itt is ordered that none shall hant their hoggs thatt way where their land lyes nott, butt to endevor as much as may be to haunt them thatt way where their 2d division lyes.
[29] A GENr11 COURT HELD AT NEWHAVEN THE 2d OF THE I MONETH, 1641; ABOUT GEOR : SPENCER.
Francis Browne admitted member of the Court and received the charge.
The 14th of February, 1641, John Wakeman a planter and member of this church acquainted the magistrates thatt a sow of his wch he had lately bought of Hen : Browning,then wth pigge, had now brought among divers liveing and rightly shaped pigs, one pdigious monster, wch he then brought wth him to be veiwed and considered. The monster was come to the full growth as the other piggy for ought could be discerned, butt brought forth dead. Itt had no haire on the whole body, the skin was very tender, and of a reddish white colour 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 blemished eye of a man; over the eye, in the bottome of the foreheade wch was like a childes, a thing of flesh grew forth and hung downe, itt was hollow, and like a mans instrumt of genration. 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 wth a pig of the same farrow, there was an aparant difference in all the inwards. Some hand of God appeared in an imprssion upon Goowife Wakemans speritt, sadly expecting, though she knew nott why, some strange accedent in thatt sows pigging, and a strange imprssion 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 wth the sow, thus divers upon the first sight, expressed their apprehensions wthout any knowledge whatt conjecture 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 wth 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 formrly notorious in tlle plantation for a prophane, lying, scoffing and lewd speritt, as was testfyed. to his face, butt being examined concerning this abomination, 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 miscarriaaes, the same evening, being the 24th of February as above, Mr. Goodyeare, one of the magistrates, went to the prison, found Sam: Martin and another yong man talking wth the said Georg Spencer, he asked him if he had nott omitted thatt abominable filthynes wth the sow, the prisonr att first denyed itt. Mr. Goodyeare asked him whatt he thought of the monster wch had beene shewed him, whether he did not take notice of something in itt like him, the prisonr after a little pause asked the magistrate whose sow itt was, who replyed, he knew best himselfe, att wch the prisonr was againe silent, the magistrate apprehending in the prisoner some relenting, as a preparation to confession, remembred him of thatt place of scripture, he thatt hideth his sin shall not prosper, butt he yt confesseth and forsaketh his sins shall finde mercie, and asked him if he were nott sory he had denyed the fact wch seemed to be witnessed from heaven agst him. The prsonr answered he was sory and confessed he had done itt, butt as Mr. Goodyeare was going away, the prsonr tolde Sam: Martin what he had confessed to Mr. Goodyeare was for fauor, thereupon Sam : Martin called Mr. Goodyeare back. Mr. Goodyeare retourning, asked the prisonr if he said soe, who said no, affiring yt Sam : Martin mistook him, Mr. Goodyeare demaunded 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. 1641, both the magistrates wth divers others went to the prison to speake wth the prisoner, wished him to give glory to God, in a free confession of his sin, he againe confest the bestiality before menconed, said he had comitted itt while he was in Mr. Brownings service, and in a hogstie of his ; yett Mr. Goodyeare after going to him, he att first denyed the fact, but Robt Seely the marshall thereupon minding him of wt he had confest to him, he againe freely confessed the fact, butt said he had nott done itt in the stye wch Mr. Goodyeare spake off, butt in a stye wthin a stable belonging to Mr. Browning. And thatt he, the said Geo : Spencer being there att worke, the sow came into the stable, and then the temptation and his corruption did worke, and he drove the sow into the stye, and then comitted thatt filthynes.
The 26th of Feb : Mr. Eaton and Mr. Davenport going to speake wth the prisoner, Mr. Goodyeare came to them and in the presence of Goodman Mansfield, Will Newmn, Tho: Yale, Theophilus Higginson, Joh : Brocktt and others, questioned him more perticularly concering the beastiality, namely how long the temptation had beene upon his speritt before he comitted itt ; he answered itt had beene upon his speritt 2 or 3 dayes before; being asked wt workings he had wthin him att thatt time, he said he found some workings against itt, both from the haynousnes of the sin and the loathsomenes of the creature ; being asked whether he did nott in thatt time seeke help fro God against the temptation, he said no, if he had 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 well was betweene 4 or 5 yeares agie, in England he did vse to pray, butt itt was onely in his bed ; being asked in wt manner, he answered [he] said (Our Father &c) ; being asked whether he did nott read the scriptures he answere[d] his mar putt him upon itt else nott, being asked whether he found nott some workinge [upon him] in the publique ministry, he answered sometimes he had some workings, butt they did nott abide wth him, being asked how long he was in the stye wth the sow, he said about 2 howers; being asked about wt time, he said about 6 a clock in the evening, when the sun was sett, and the day light almost shutt in; being asked wt itt was in the monster thatt did affect him, he answered the whitnes in the eye ; being charged from the testimony wch had beene given by sundry person who had conversed wth him, wth a prophaine, atheisticall carryag, in unfaithfullnes and stubornes to his mar, a course of notorious lying, filthnes, scoffing att the ordinances, wages and people of God, he confest miscarryages to his mar, 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 formr acts of filthynes, either with Indians or English, wch out of his owne mouth were charged upon him. On the Lords day, being the 27th 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 shins he had committed, 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.
ATT A GENrll COURT HELD AT NEWHAVEN THE 2d of MARCH 1641.
George Spencer being brought to the Barr and charged as wth other crimes so wth the foremenconed beastiality, and the monster shewed, upon wch God from heaven seamed both to stamp out the sin, and as wth his finger to single out the actor ; being wisht therefore, as he had done before many wittnesses formerly, so abgaine, by confession to give glory to God ; butt he impudently and wth desperate imprecation against himselfe denyed all thatt he had formerly confessed, where-upon the formr perticulars were fully testified in open Court to the prisonrs face by the persons before menconed respectively, and other testimnonyes was added, namely, Robt Seely the Marshall affirmed thatt the prisonr did dictate to him the foremenconed bill by wch 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 congregation, he againe confessed the fact to him, and seamed to be greived for the sinne, and some teares fell from the prisonrs eyes greiving as he said thatt he had denyed itt.
Ezechiell Cheerers affirmeth 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 beene, 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 prisonr confessed the fact to him in the prsence of Tho : Yale and Will Newman, 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 Licit 20. 15. ad bid him make applycation of itt to the marshal whom he left wth 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 suspbcted by some in Court to have given the prisoner evill councell, testifyed to the prisoners face in- Court, thatt the prisonr had said to him the said Harding thatt Thomas Badgers sin was worse then his, for Badger lay wth a Christian, butt himselfe the prisoner, lay butt wth a rotten sow, and the prsonr being then asked by him the said Harding, how he could make the sow stand, he answered well enough, & being asked when he did comitt the sin, he answd he did itt since he came from Connectecutt.
Aspenall affirmeth thatt he confessed the sinne to him, and being asked aft whatt time he did itt, he said after he came from Connectecutt, in Mr. Brownings stable. 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.
Bladen testified thatt the prisoner confessed the sinne to him, being asked if he did itt butt once, the prisoner answered he had done itt butt once ; to this testimony the prisoner replyed in Court, Itt is true Will, thou hest cleared thy selfe.
Robt Newman and Mathew Gilbert testified thatt the prisoner 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 hower, 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] John Clarke testified thatt he had Beene wth the said Georg Spencer in prison, and asked him whether he did comitt thatt sin of beastiality charged upon him, the prisoner answd
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 yor one selfe, and thatt yor confessio might prove dangerous to you, yett would you confess itt, he answered thatt he did doe itt. John Clarke asked him, if he were not drawne to confess itt in hope of favor, and said did you doe itt, he answered he did doe itt; then John Clarke asked him, why he had denyed itt to the magistrates, the prisoner 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 psent when the former discourse passed, betwixt John Clarke and the prisoner, and thatt he the said Roger Alen asked the prisoner why he confessed 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 prisonr said, wth a purpose to deny the fact, yett when the said Roger Allen came, the prisoner reconed up many sins of wch he was guilty, against his parents and against his maister, and att last named this abominable fact wch he wondered att, having sent for him wth a contrary purpose.
Robt Ceely the Marshafl added to his former testimony, thett having in prison heard the said George Spencer deny the fact after so many confessions, and after he had intreated the prayers of the church for the pardon of than particular sinne, the said Robert Seely asked him, how he durst mock God in putting up a bill desiring the conaregation to pray for the pardon of thatt sinne wch 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 cleare and plentifull 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 wth the scircumstances and his confession concurring wth the worke of God, as itt were poynting him out in the monster, the prisonr 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 wch he had nott spoken. Whereupon the Court, (though aboundantly satisfied in the evidence, and the prisoner having aft sundry times upon examinatio confest the fact to the magistrates,) yett began to examine the witnesses upon oath. Whereupon Robert Newman, 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 impudently persisted to deny the fact.
The Court, weighing the premises did finde and conclude the prisoner to be gutty 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 agreemt, made and published by full and genrll consent, when the plantation 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 judged the crime cappitall, and thatt the prisoner and the sow, according to Legit. 20 and 15, should be put to death, butt the time of execution, and the kinde of death were respited till the next Genrll Court.
[33] A GENrll COURT THE 6th OF THE 2d 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 also admitted members of this Cort, and accepted the charge of freemen.
Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakeman chosen deputyes for the halfe yeare next ensueing.
The plantation of Rippowams is named Stamforde.
Whereas the Deputyes for Stamforde complaine thatt their plantation are att some difference wth the Indians, and therefore require help of advice from this Court how to carry towards them, Itt is therefore ordered, thatt the magistrates and deputyes for this plantation, shall advise wth the aforesaid deputyes of Stamforde whatt course may best conduce to their peace and safety.
John Touttle of Yennycok, deputed by the Court to be constable to order the affayres of thatt plantation, 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 forthwth (viz) 6d a peece for every one thatt is in the watches, and his wages due to him for this yeare to be payd in October next ensueing.
Int is ordered that Mr. Mahon shall order the watches and all the martian affayres of this plantation dureing 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 Genrll Court held att Newhaven for the plantations in combination wth this towne.
Itt is ordered that from hence forwarde the woods and meadowes shall be burned the tenth of March every yeare, and therefore every man is to take care to secure any thing thatt is his, wch 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 mars thereof may nott onely watch over them, butt be able to give and account of or concerning them or their conversation when they shall be required.
George Spencer, the prisoner, being brought forth, was demannded 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 acknowledgmt, butt he retayning his formr obstinacie, peremtorily denyed itt, whereupon. Robt Newman and John Clarke gave in evidence in Court to his face, thatt since he was sentenced to dye, he 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 de vill, he answered, they could thinke no lesse, and added, the Lord might justly have strucken him dead formrly, 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 kneeling downe and calling God to witness his innocencie, when he himselfe knew his guiltiness, all wch the prisoner acknowledged he had spoken to Ezekiell Cheevers.
[34] Francis Church testified thatt the prisoner had confessed 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 formrly they had done.
The prisoner acknowledged in Court thatt he had confessed the fact to Francis Church, though he had formerly oft denyed itt, and further confesseth, that Will Harding, a sawyer, had given him evill councell to denye itt.
Being hereupon demaunded in Court whether he would yett give glory to God in a free acknowledgmt of his sinfull and abominable filthynes in the beastiality before named, he answered he would leave itt to God, adding thatt he had condemned himselfe by his former confessions.
The Court seriously considering the clearnes of the testimonyes together wth his answers, were aboundantly satisfied and confirmed, both concerning his guilt, and their form of senfence against him, and now proceeded to determine whatt time, and what kinde of death he should dye. Itt was therefore by genrll consent concluded and adjudged, thatt on the 6th 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 foremenc'oned sow att the said place of eaecutio shall be slaine in his sight, being run through wth a sworde.
THE 8th OF APRILL, 1642.
The day of esecution being come, Georg Spencer the prisoner was brought to the place apoynted by the Court for execntion, 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 souls good as he had done, in the education he had from his parents, the govermt of his religious mar, and the publique ministry he had lived vnder, by all wch he might have gott much sperituall good, butt thatt his hart was hardened. In perticular he directed and pressed his exhort.upon Anthony Stevens, servant to Mr. Mahon, then present, who being discontented wth his condicon, 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 ; wch being finished, he was advised to improve the small remainder of his time in the acknowledgmt of his owne formr sinfull miscarriages, together wth the abominable lewdnes he had committed wth the sow there present, and his desperate obstinacie in such fearefull denyalls after such clears and full confession as he had oft made before sundry witnecses. Att first wth the acknowledgment of sundry evills, both in his yonger yeares, and in his late service, he joyned a denyall of his fact, butt the halter being fastened to the galloves, and fitted to his neck, and being tolde it was an ill time 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 connell to deny the fact, and had tolde him thatt the Court could nott proceed against him, butt by his owne confession, wch 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 peremtory denyall in Court, though he had so often confessed the fact more privately, and though execution had beene respited betwixt 5 and 6 weeks 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 wth, butt the prisoner wth 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 damnation. Being desired to express somthing what apprehensions he had of the haynousnes of his sin, as against God, and whatt impressions of sorrow were wrought in him for itt, and whatt desires of pardon 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 rightousnes, to the full satisfaction of all then prsent, butt in other respects leaving him a terrible example of divine justice and wrath.
[36] ATT A COURT HELD ATT NEWHAVEN THE 4th of THE 3d MONETH, 1642
Itt is ordered thatt the watches shall be settled forthwith, consisting of 31 watches, 7 men to each watch, the mars whereof received their charge given by the magistrates.
Itt is ordered thatt Dir. Evance shall have the 2 trees wch stands before his house, in lew of 2 peeces of timber thatt brother Andrews had of his about the meeting house.
Two of bro: Wakemans men is excused from watching for the present, because of their imploymt att Pawgasett.
ATT A COURT HELD ATT NEWHAVEN THE I 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 mar of a watch and neglecting to order his watch according to his charge, was onely admonished, because itt was the first time that he bath transgessed the order in that kinde.
A COURT HELD THE 5t DAY OF THE 6th MONETH 1642
Whereas some goods of Mr. Broadstreets and Mr. Saltingstons were left here by Goodman Quick , Mr.. Loudlow desired to have an attachmt entred agst the said goods for one debt of three pounds and another debt of twenty & two pounds, of wch the Court tooke notice, butt demurred in granting the attachmt.
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 mars whome itt concernes) of the alteration, least there be mistaks as formrly.
Itt is ordered that if any souldier come late on traynina 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 total absence.
Josuah Attwater, by reason of his weaknes, is excused from traying, yett to serve as clarke to the company ; he is contented on trayning dayes to take the names of the souldiers, and to observe who is absent or defective and prsent 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 watchmen 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 well he undertooke to doe att the mill, wch he was to doe strongly and substantially, butt did itt weakely and sleightly as was was proved by the testimony of John Wakefield the miller, himselfe also 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 done the damage by his [defec]tive workmanship.
[37] Goodman Barker, for neglecting to watch, was fined five shillings, and his man for comeing to watch wthout pouder fined 1s.
Samuell, servant to Edward Chipperfield, for comeing to watch wth his armes defective, was fined 2s.
Mr. Evance is spared from 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 Goodman Mead is referred to Mr. Gilbert and Mr. Gregson wth the consent of both ptyes.
Samuell Hoskings and Elizabeth,[his wife] for their filthy dalliance together, wch was confessed by them both, they were both severely whipped.
A GENrll COURT HELD ATT NEWHAVEN THE 6th OF THE 6 MONEPH 1642.
Brother Abbott and brother Whitehead admitted members of the Court and received the charge of freemen.
Robt Ceely chosen lewetent of the trayned band, & Fran Newman ancient. Bro : Andrewes, bro : Mounson, bro : Clarke and Goodman Jeffreyes was chosen sergeants.
Brother Kimberly, bro : Mosse, bro : John Nash, and bro Whitehead chosen corporalls.
Itt is ordered that the genll trayning dayes shall be observed once every month : for the whole company, and thatt whosoever shall not appears when he is called, his fine is 1s. If totally absent, or dept wthout leave before the company breake up, his fine is 5 s.
Itt is ordered thatt all those thatt have musketts or guns shall keeps 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 grinds both Indian and English come well.
Memord. The Court declared their apprhensions than itt was formrly ordered thatt a cart bridge should be made over the East River att the towns charge next spring.
Goodman Moulthrop is allowed to have 6 acres of land added to his lott in the first division, and 12 acres in the 2d.
Itt was ordered thatt one of the squadrons in course, shall trayne every last day, except onely thatt weeke in wch the genrll trayning is (wch is to be every fift weeke,) and whosoever shall come late to those weekly traynings, his fine is 6d. If totally absent, his fine is 2s-6a. He yt shall come after the second drum hath left beating, shall be accounted a late commer.
[38] A COURT HELD ATT NEWHAVEN THE 3d OF THE 7th M0N: 1642
Mathew Wilson, for killing a dog of Mr. Perryes willfully and disorderly, finde 20 s, for his disorder, and ordered to pay 20s. damage to Mr. Perry, wch 40s. Edward Chipperfield vndertooge to see payd by the last of September next.
John Lovell, the miller, for sinfull dalliance wth a little wench of Goodman Halls, was whipped.
A COURT THE 7th OF SEPT. 1642, HELD ATT NEWHAVEN
Tho: Pell and attournay for the executor of Richard Jewell, demaunded the remainder of the tearme of nine yeares wch Thomas Toby late servant to Jerymy Whitnell, wch bound by covenant to serve wth the said Richard Jewell as appeared by his indenture, wherevpon the Court wth the consent of the styes, referred to Captaine Turner and Mr. Evance to consider of and sett downe what damage the said Richard Jewell might have in his disbursmts and adventures about the said Thomas Toby, thatt what appeares to be equall may be retourned to the executors 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 wth many things and businesses) and for diverse other notorious crimes, as lyeing and counterfeating, and denying his name &c, his sentence was to be severely whipped, and to make two folde restitntion for all thatt is proved against him or confest by him to be stolen by him, and to work in irons vntill he have done the same, and given satisfaction for other debts wch he owes in the towne.
Samuell Hoskins and Elizbeth Cleverley, being desireous to joyne together in the state of marryage, and nott being able to make prooffe of their parents consent, butt seeing they both affirm they have the consent of their parents, and wth all haveing entred into contract, sinfully and wickedly defiled each other wth filthy dalliance and vncleane passages, by wch they have both made themselves vnfitt for any other, and for wch they have both received publique correction, vpon these considerations, granted them liberty to marry.
[39] A GENll COURT HELD ATT NEWHAVEN THE 17th OF SEPT. 1642
Itt is ordered thatt when any allarum is made upon the approach of any enemy, every souldier in the towne is to repaire to the meeting house forth with, and nott to loose time in attending his owne private concernments, except onely in case of some present assault in or neare the place where he is, or at least some discovery of Indians comeing in a hostile manner.
Itt is ordered thatt in case of any expiditon against the Indians, whosoever the captaine or leivetennant shall thinke meete to send forth vpon service (wth approbation of the magistrates) shall forthwith goe wthout any further dispute, and judge themselves called to goe, though itt should be to the extreame hazard of their lives, and if any man shall refuse to goe upon such a call, the magistrates is to presse him to goe, whether he will or no.
A GENll COURT OF ELECTIONS THE 26th OF THE 8th MONETH, 1642, ATT NEWHAVEN
Mr. Eaton and Mr. Goodyeare are chosen magistrates for this towne this ensueing yeare.
Goodman Warde of Stamforde, is chosen constable for Stamforde this ensueing yeare.
Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakeman are chosen deputyes for this ensueing yeare to assist in the Courts by way of advice, butt nott to have any power by way of sentence.
Mr. Gregson is chosen Treasurer.
Tomas Pugill is chosen Secretary.
Robert Ceely chosen Marshall.
Itt is ordered thatt the magistrates and deputyes wth Capatane Turner and Leivetennant Seely, shall advise wth the deputyes of Stamforde, how they may carry towards the Indians about them, who have comitted divers insolencies and injuries to the people there.
Itt is ordered thatt whosoever findes any things thatt are lost shall deliver them to the marshall to be kept safe till the owners challeng them.
[40] A COURT HELD ATT NEWHAVEN THE 2d OF NOUEM: 1642
Whereas there hath beene two attatchments out, in the hands of Mr. Gregson, the one in the behalfe of Mr. Pocock, and the other on the behalfe of Mr. John Evance of Newhaven, concerning some goods left here by Mr. Owen, Itt is therefore ordered thatt those attatchments shall nott take away the said goods from this place, untill this Court have seene and determined the equity of those attatchments.
Att the request of Mr. Malbon, Itt is ordered that an attachmente be sent forth to detaine all the goods left in the hands of Captain Turner by Mr. Owen, vntill the Court have ordered concerning them.
Forasmuch as the causway to the west side beyond the bridge is damaged by the cowes goeing thatt way, before the workemen had fully finished the same, Itt is therefore ordered, that John Wakeman, Josuah Attwater, John Clarke and Anthony Tompson shall veiw the damage, and sett downe whatt in their judgmts they conceive is for the workemen to have in way of satisfaction.
Itt is ordered thatt if their be any goods due to John Woollen in the marchants hands in reference to Delaware Bay, there shall be 31b detained to secure a debt to Mr. Bryant of Milforde till things be cleared betwixt John Woollen and him.
Itt is ordered thatt Mathew Hitchcock shall either pay 20s to Mr. Perry wch he vndertooke in the behalfe of his brother, or else sell so much of his brother's goods as will satisfie the said debt.
Itt is ordered thatt John Mason, Sam: Higginson and George Badcoke shall pay to Thomas French the sum of 20s for takeing his cannow wthout leave, according to an order in thatt case.
By a letter from Mr. Marshall to Mr. Hill of Winsor, bearing date the 7th of Aprill 1636, and a letter to Goodman Mansfield, dated the 13 of October 1641, itt is evidenced to this Court thatt some of the cattell goeing under the name of Mr. Trobridge cloth belong to Mr. Marshall as his pp goods, namely a white cow, red sparkled, a heifer, white and red sparkled, and one white and blacke sparkled ; Henry Gibbons testimony a11so concuring wth the aforesaid letters.
Jervas Boykin is ordered to pay into George Badcocke the sum of 20s for taking his cannow wthout leave.
Mr. Gregson affirmed thatt he bath nott received paymt for the passage of Thomas Toby, wherevpon Mr. Pell as attournay for Richard Jewells executours undertooke to see him satisfied.
The difference betweene Mrs. Stolyo[m or n] and Mr. Eliz : Goodman wth their owne consents is refered to Mr. Goodyeere and Mr. Gregson to determine.
[41] A GENrll COVET HELD ATT NEWHAVEN THE 7th OF NOUEN : 1642
Brother Brockett admitted member of this court, and. received the charg of freemen.
Bro : Kimberley chosen Marshall in stead of bro : Ceely.
Itt is ordered thatt if any member of the Court, being warned to the Genrll Courts, shall not come and make their appearance in the Court before all the names of the members be read ouer by the Secretary, his fine is 1s 6d, and if any of the rest of the planters shall be absent after their names allso be read, his fine is 1s.
Itt is ordered thatt those who have their farmes att the river called Stony River shall have liberty to make a sluce in the river for their owne conveniencie.
A COURT HELD ATT NEWHAVEN THE 7th OF DECEMBER 1642
Forasmuch as John Owen hath had some damage done in his corne by hogs, occasioned through the neglect of Mr. Lamberton, John Bud and Will Preston in nott makeing vp their fence in season, itt is therefore ordered thatt the said Mr. Lamberton, John Bud and Will. Preston shall make satisfaction to the said John Owen for the damage done, (viz) eight dayes worke and two pecks of corne, well is to be payd according to the severall pportias of fence vnsett vp respectively.
Mr. Evance delivered into the Court an awarde between Goodman Whitnell and Tho : Toby on the one pt, and Mr. Pell, attournay for the executor of Richard Jewell on the other pt, wherein Thomas Toby is awarded to pay veto Mr. Pell three pounds six shillings and fower pence, wch Goodman Andrewes and Goodman Whitnell vndertooke to pay in his behalfe. And itt is ordered thatt the said Thomas Toby shall be bound apprentice for three yeares, (from the end of his formr tearme wth Goodman Whitnell) to them, the said Goodman Andrewes and Goodman Whitnell, who are to finde him foode and raymeat convenient, till the said three yeares be expyred.
A COURT HELD ATT NEWHAVEN THE 4th OF THE 11th MONETH 1642
Witt Harding being convicted of a great deale of base carryage and filthy dalliances wth divers yong girles, together wth his inticeing and corrupting divers servants in this plantation, haunting wth them in night meetings and juncketting, &c, was sentenced to be seveerly whipped and fined five pounds to Mr. Mahon, and five pounds to Will Andrewes, (whose famylyes and daughters he hath so much dishonored and wronged in attemptingting to defile them,) and presently to depart the plantation, and not to retourne vnder the penalty of seveer punishment.
[42] A GENrll COURT THE 16th OF 11th MONETH 1642. ATT NEWHAVEN
Brother Lamson admitted member of the Court and accepted the charge.
Itt is ordered thatt two pounds shall be made forthwith, one att brother Whiteheads corner, wch brother Peck is to keepe, and another by the creeke, (where brother Nash his shopp did stand) wch brother Kimberley is to keepe. Thatt cattell trespassing 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 beene 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 done gates or fences or by any other meanes have occasioned the damage, in all such cases the gouenors to answer for those vnder them, butt they againe to satisfy their gournors as shall be judged meet, and the keeper of the pound, for impounding every mans cattell to have of the trespasser 2d a head for hogs and all greater cattell, and a peny a head for goates and kids, halfe 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 Comon for cattell, and fenced & fitted wth gates to keep in and out according to order, and then he thatt breaks or leaves open gates or putts in any cattell contrary to the order (the govrnor to answer for those vnder him as above) to pay for every beast by the weeke (any lesse time then a weeke reconed a weeke,) 3d. Note than--12 acres to a horse, 6 acres to an oxe, 8 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 proportion.
Itt is ordered thatt all those thatt have their meadowes in the west meadowes shall heard their 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 wth the heards of cowes vnder the penalty of 3d a weeke for every head, the one halfe to be payd by 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 wthout order of the Court, and every such entry to be accounted good, according to the nature and intent of itt, against any formr promise, covenaunt, bargaine or morgage nott so entered, though such deeds or promise shall have their just force against such person or persons thatt made them, and against any other part of his estate, and for every such entry the secretary to be payde 2s.
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 thatt the marshall for serveing them receive of the plaintiff, till itt be ordered who shall pay, 4d for a warrant, and 6d 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 attachmt 2 s.
Itt is ordered thatt every one warned to the Court for transgressing any Genre! Courts order, and found an offendor, 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 Marshall 4d.
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 s.
Itt is ordered thatt a whole yeares rate be forthwth payd wthin 6 weekes att the most, [a]nd the constant yearely rates to goe on in their halfe yeares course, according [to the] formr order, notwthstanding.
[43] Itt is ordered thatt whosoever cutteth or causeth any tree to be cutt downe vpon any comon wthin 2 miles of any pt of the towne, wthout leave, contrary to order, shall leave the tree to the towne, lose all his labor, and pay 1s fine. If he carry away the tree or any pt of itt he shall pay further damage as the Court shall judg meete.