RECORDS OF THE COLONY and PLANTATION of NEW HAVEN

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]

A COURT HOLDEN ATT NEWHAVEN THE I OF THE I Mon: 1643

John Laurence and Valentine, servants to Mr. Malbon, for imbezzling their mars goods, and keeping disorderly night meetings wth Will Harding, a lewd and disorderly person, plotting wth him to carry their mars daughter to the farmes in the night, concealing divers vncleane filthy dalliances, all wch they confessed and was whipped.
Ruth Acie, a covenant servant to Mr. Malbon, for stubornes, lyeing, stealing fro her Mrs, and yeilding to filthy dalliance wth Will Harding was whipped.
      Martha Malbon for, consenting to goe in the night to the farmes wth Will Harding to a venison feast, for stealing things from her parents, and yeilding to filthy dalliance wth the said Harding, was whipped.
Jane Andrewes, for yielding to filthy dalliance wth the said Harding, was whipped.
      Goodman Hunt and his wife for keepeing the councells of the said William Harding, bakeing him a pasty and plum cakes, and keeping company wth him on the Lords day, and she suffering Harding to kisse her, they being onely admitted to sojourne in this plantation vpon their good behavior, was ordered to be sent out of this towne wthin one moneth after the date hereof, yea in a shorter time, if any miscaryage be found in them.
Mr. Moulenor, for his disorder att Totokoct in building, fencing, planting and the like, contrary to order, after he had againe and againe beene warned from this Court to the contrary, he haveing no right so to doe, haveing sould all thatt plantation to this towne, onely reserving liberty for a lott for himselfe when a peo : should settle there, as is expressed in his owne convayances, since wch time as he passed away his whole right, he purchased a peece of a neck discribed in a writhing bearing date the 27th of ___, 1639, writ by Mr. Gregson, butt in itt hath forged a discription differing from thatt made in Mr. Gregsons presence, and thereby layd clame to the whole necke, whereas the other was lymitted by a line and marked wth three strokes, butt his sentence respited.

[44] A GENrll HELD ATT NEWHAVEN THE 5th of THE 2d MONETH, 1643

A letter from Andrew Ward constable att Stamforde, bearing date the 3d of this prsent, written in the name and by the consent of the free burgesses there, was read, wherein they appoynt Captaine John Underhill and Richard Geldersleeve for their deputyes att this Genrll Court, and desire a magistrate may be chosen for the better carrying on of their affayres in thatt place, and doe nominate Mr. Mitchell and Thirton Rayner for thatt place. Captaine Underhill and Richard Geldersleeve haveing accepted the charge given here to members of this Court, the Court proceeded to election, and Thirston Rayner was chosen magistrate, to execute thatt office att Stamforde vntill the next Genrll Court of Elections att Newhaven wch will be in October next.
      Allso upon a motion made by the afforesaid deputyes for Stamforde, itt is ordered by this Court yt those fower men allready imployed in the townes occasions there, namely, Captaine John Underhill, Mr. Mitchell, Andrew Warde and Robt Coe shall, (till the aforesaid next Genrll Court for elections) assist as the deputyes att Newhaven in councell and advice for the more comely carrying on of publique affayres, the being annexed to and prserved in the magistrate or magistracie.

Mr. Malbon, Mr. Gregson, Mr. Gilbert and Mr. Wakeman chosen deputyes for the next halfe yeare.
Mr. Malbon chosen Treasurer for this yeare.
      Itt is ordered thatt leivetenaunt, the antient, an the fower sergeants, out of respect to their places, and for their incouragement, shall be henceforth exempted from watching, yett so as thatt they must take their turnes by course to see thatt the watches be duely observed.
Itt was further ordered vpon the desire of the aforesaid deputyes for Stamforde, thatt the trayned band may, (till the aforesaid next Genrll Court for elections,) chuse or confirme inferior officers, namely a sergeant or a corporall, or both, to exercise them in the millitary way, provided thatt such officers be both members of the church, and prsented to and approved off by the magistrate and deputyes for Stamforde, the fundamentall agreement for votes and elections being still prserved intyre and inviolable.
      The Court being informed thatt peeces of eight, both in the Matachusetts Bay and some other places, doe by order passe currantly att five shillings, itt was ordered thatt they shall pass att the same rate both here and att Stamforde among the planters till the Genrll Court see cause to alter itt.
Itt was ordered thatt in case any publique occasion require the helps of labourers or workmen on trayning dayes, the magistrate may send to the Captains for so many as the case requires, or if itt fall out att other times when there is no trayning, and thatt men cannott otherwayes be had or procured for the carrying on of some necessary worke wch is of publique concernment, the magistrate may putt forth an act of authority and prsse men for the said service and the effecting thereof.
      Itt is ordered thatt brother Abbott and brother Hall shall be freed from trayning, by reason of their bodyly infirmityes.
      [45] Itt is ordered thatt brother Attwater and Robt Hill shall be exempted from watch in their owns persons, by reason of their bodyly infirmityes, yett so as to finds each of them a man to watch in their roome.
      Itt is ordered thatt sister Preston shall sweep and dresse the meeting house every weeke, and have 1s a weeke for her paines.
Whereas Goodman Osborne hath heretofore spoyled divers hides in the taning well he aleadgeth was for want of skill or experience in the tanne of this country, he pmmiseth for the time to come to make good whatt is spoyled in the taning, for now he knowes the nature of the tanne, and therefore, if any hides be now spoyled itt is through his default.

A GENrll COURT THE 6 OF THE 2d MONETH 1643

Itt was ordered thatt Mr. Eaton and Mr. Gregson as comissioners for this jurisdictib of Newhaven shall goe wth other comissioners for other plantatios into the Bay of Massacusetts to treate about a Genrll conbination for all the plantations in New England, and to conclude and determine the same, as in their wisdome they shall see cause, for the exalting of Christs ends and advanceing the publique good in all the plantations.
      And allso thatt Mr. Goodyeare, or pastor, the fower deputyes, together wth Georg Lamberton, Robt Newman and Tho : Fugill shall meete and advise wth them before they goe, the better to prpare them for thatt greate and weighty busines. And more ouer thatt if any of the members of the Court, or of the plantation have any thing of weight to suggest for consideration, they are desired to repaire to the comittee, or any one of them to cast in whatt light they can.

A GENrll COURT THE 26th OF THE 2d MONETH, 1643

The comissioners aforesaid desired the Court now to propound any thing to them thatt they would have considered of in reference to the foremenconed combination, and thatt if any of them had any light to cast in to them, thatt they would att this time impart itt, because the time of their goeing drew neare ; butt the whole Court seemed to rest satisfied in the wisdome and faithfullnes of those wch they had chosen and intrusted for thatt great busines, and therefore had nott thought of any thing butt whatt they thought had beene considered off, and would be provided for by those intrusted.
      Itt is ordered thatt Goodin Osborne shall have liberty to cutt downe some trees in the common to gett bark for his tanning, and the trees to remaine to the townes vse, either for posts, railes or other uses as the Court shall see cause to dispose of them.

[46] A COURT HELD ATT NEWHAVEN THE 3d of TEE 3d MONETH

Nicholas Gennngs for comitting fornication wth Magerett Bedforde was seveerely whipped, butt his punishmt for other misdemeanors respited vntill another Court.

A COURT HELD ATT NEWHAVEN THE 7th OF THE 4th MONETH, 1643

James Stewart, the last trayning day, for runing att Robt Campion wth his pike, whereby he tore his doublett, and might have hurt him, was fined 5s for the disorder, wch might have beene of evil. consequence.
      Bro: Brockett, for late coming to traine fined 1s.
      Joh. Beach, haveing killed a cow of George Smyths wth the falling of a tree, the said George required satisfaction, forasmuch as he conceiveth thatt the said John did itt through negligence, butt he the said John Beach alleadged for himselfe, thatt he did nott doe itt negligently, for he being falling a tree, there came some cowes about him, and the tree in the falling did rest vpon the bowes of another tree thatt stoode neare, and then he left the tree, and drave away the cowes as he did conceive wthout the reach of the tree, and in the meane time some goates coiming vnder the tree he retourned to drive them away also, and then came in haste to give 3 or 4 chops att the tree to hasten the falling of itt before the cattell could come againe.
      Butt itt was testifyed by brother Andrewes and brother Tompson (who were intreated to veiw the cow and the place,) thatt he had nott done whatt in reason he might, and ought to have done to prserve the cattell, and thatt if he had beene as carefull as he might, no hurt need have be done, for the place was so hemmed in wth fallen trees as thatt there was little way open, (on thatt side wch he said he drave the cowes) for them to come in att againe, so thatt he might have kept them from danger if he had beene as carefull as he ought to have beene, besides, they affirme thatt the cow was killed about a rod or 20 foote wthin the reach of the tree, moreouer itt was testifyed by brother Andrewes and Robt Campion, thatt he the said John Beach did affirme thatt when he was cutting the tree the last time, he saw the cowes comeing againe, and he did throw sticks att them, butt confessed he did not goe to drive them as before, well was noted to be a great neglect of him, and allthough he did alleadge in the Court thatt he did drive the cowes wthout the compasse of the fallen trees aforesaid, brother Tompson observed itt to be an vntruth, for he had tolde them att the first, when they went to veiw the cow, thatt he drave them to such a place, wch both he and brother Andrewes affirme was within the aforesaid compasse. Vpon all wch testimony i[t] was ordered thatt the said John Beach shall make good the damage to the vallue of 5 1b wch price Georg Smyth sett upon his cow wth much moderation, though she was really worth more.
      Margerett Bedforde, being convicted of fornication and stealing wth divers other miscarryages, was severely whipped, and ordered to be marryed to Nicholas Gennings wth whome she bath beene naught.

[47] A COURT HELD ATT NEWHAVEN THE 5th : 5th MONETH, 1643

Will Fancie his wife, being charged with stealing divers things from sondry psons, she confessed thatt she did steale about 5000 of pins from Mrs. Lamberton wth divers pcells of lynning, and a jugge to the vallue of 17s as they were prized. She confessed allso thatt she stole from Mrs. Gilbert, two pillow beares and a shift, all wch she tooke forth of a tub of water in the colde of winter when the famyly was att prayer. And att Conectecutt, being kindely entertained as a strainger by a friend there, she stole a table napkin att her goeing away.
      Now forasmuch as itt appeares to have beene her trade, she haveing beene twice whipped att Connectecutt, and thatt still she continues a notorious theefe and a lyer, itt was ordered thatt she should be seveerly whipped, and restore whatt is found wth her in specie, and make double restitution for the rest.
      Andrew Low, Junr for breaking into Mr. Lings house, where he brake open a cup [board] and tooke from thence some strong water, and 6d in mony, and ransackt all the house from roome to roome, and left open the dores, for wch fact he being comitted to prison brake forth and so escaped, and still remaines horrible obstinate and rebellious against his parents, and incorrigable vnder all the meanes thatt have beene vsed to reclame him, wherevpon itt was ordered, thatt he should be as seveerly whipped as the rule will beare, and to worke with his father as a prisoner wth a lock upon his leg, so as he may nott escape.
Itt was ordered thatt Luke Atkinson shall be payd 18s and 7d out of Lawrence Watts estate, in consideration of vse of his bedding and houshold stuffe when he lived wth him, wch was for the space of a yeare and a quarter thatt he sojourned in his house : and Goodman Hitchcock is also to have 4s out of the said estate wch the said Lawrence Watts did owe him.
      Theophilus Higginson testified thatt Lawrence Watts did borrow a gun of John Dillingham wch he was to restore ame, butt dyed before itt was restored.

[Pages 91 - 95 consist of tables with the names of the Planters and what they owned. Because of the complexity, they are presented as scans of the pages which may be accessed from the following links]

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The committee appointed to dispose of the absent lott mett & vpon the request of Mathew Camfeild, granted to him the home lott wch was laide out and reserved for Mris Eldred, vpon the conditions following viz.
      That he plant it all wth fruit trees, escept aboute one acr next the front, and that he presently paye for the fenc belonging to it, as it is now worth, being vallewed by indifferent men, & so maintayne and keepe it, and if in ye terme of five yeeres, the towne shall see cause to dispose of it to any man wch may be of publique vse and benefit to the towne, it is to be at the townes dispose, payeing him for his trees and his fenc aboute ye lott, as they shall be then worth, being equally vallewed by indifferent men, but if the towne shall not dispose of it to some such man within ye terms of 5 yeeres, that then the said Mathew Camfeild shall haue the lott, paying to the towne for ye ground as it is worth, being vallowed by indifferent men, and that then he shall build a dwelling house vpon it, comely and fitt for habitation, that so it may not lye as a vacant lott.
      And vpon the same termes, at the same time the comittee granted Mr. Roes house lott, to Mr. Davenport, Mr. Gilbert and Mr. Crane.
[The date of this entry is probably 1648.]

[Nextafter are recorded in the handwriting of Mr. Gibbard, the Indian deeds which have been transferred to the beginning of this volume.
There appears to have been no pages numbered from 51 to 62.]

[In the handwriting of Thomas Fugill]

[62] ATT A GENrll COURT HELD ATT NEWHAVEN FOR THE PLANTATIONS WITHIN THIS JURISDICTION, THE 6t of JuLY, 1643

Mr. Leete and Mr. Disbourough of Manunkatuck were admitted members and received the charge of freem for this Court. Brother Preston allso admitted member of this Court and accepted his charge.
      Mr: Eaton and Mr. Gregson, lately sent from this Court as comissioners wth full power to treate, and, if itt might be, to conclude a combination or confoederation wth the Genril Court for the Massachusetts, and wth the comissioners for New Plymouth and Connectecutt, did this day acquaint the Court wth the issue and successe of thatt treaty. The articles agreed and concluded att Boston, the 19th of May, 1643, were now read and by this whole Court approved and confirmed. And itt was ordered thatt the Secretary enter them as a recorde. A letter also from Mr. Wintropp, Governor of the Massachusetts, dated the 19th of June last past was read, wherein from Mr. Winslow he signifies the cheerefull concurrence of the Court att Plymouth in the said confoederation, according to the forenamed articles.

Itt was further ordered by this Court, thatt all the males in or belonging to every of the plantation in this jurisdiction, from sixteene yeare olde to sixty, be duely numbred according to the said articles. And thatt a true and particular account of them be brought in, betwixt this and the midle of August next, to be sent to the next meeting of the comissioners at Boston. Lastly, the said Mr. Eaton and Mr. Gregson were by this Court chosen and invested wth full power, (according to the tennor and true meaning of the said Articles,) as coimmissoners for this jurisdiction in the meeting for this confoederation, to be held att Boston, the 7th of September next.
      Manunkatuck named Guilforde.
      Itt is ordered thatt every male, from 16 yeares olde to sixty, wthin .this jurisdicton, shall be forthwth furnished of a good gun or muskett, a pound of good pouder, 4 fathom of match for a match-lock, and 5 or 6 good flints, fitted for every fyre lock, and 4 pound of pistoll bulletts, or 24 bulletts fitted to their guns, and so continue furnished from time to time, vnder the penalty of 10s fine vpon every defect in any of the forenamed perticulars. And itt was further ordered thatt the Captaine shall give order to the officers thatt they take a strict veiw of all the defects or neglects of the trayned band, once every quarter, vnder the penalty of 40 s, and if the ofce shall neglect to do itt, att his appoyntment, their fine is 40s allso, to be leivyed att the discretion of the Court, and thatt a retourne of the said veiw be made to the Court by the Captaine or the clark of the company at his appoyntment, vuder the penalty aforesaid.
Itt was ordered thatt 5 lb from Stamforde, and 5 lb fro Guilforde, and 21b from Yenycott shall be forthwth raised and payd into the treasury of Newhaven towards the charges about the cornbination.
      Mr. Goodyeere was desired by the Court to write to the inhabitants of Yenycott, to lett them know the equity of the proceedings of this Court in rateing all men imptially according to their accommodations wthin the libertyes of this plantation, & thatt it will be expected thatt the same rule be attended vnto by them there also.

[63] Itt was ordered thatt each plantation wthin this jurisdiction shall have a coppy of the Articles of Confoederation, for wch they are to pay the Secretary.
      A letter from Mr. Wintropp was read, wherein he layd downe divers reasons why the Massachusetts gave liberty to the Frenchmen, late arrived there, to gett whatt help they coulde in thatt jurisdiction to assist them in their enterprize att the French plantation.

[The remainder of this rage blank.]

[64] Articles of Confderation betwixt the Platations vnder the Gouermt of the Massacusetts, the Plantations vnder the Cournt of Newplymouth, the Plantations vnder the Courmt of Conecticutt, and the Courmt of Newhaven wth the Plantation in combination wth itt.

Whereas we all came into these pts of America wth one and the same end and ayme, namely to advance the kingdome of or Lord Jesus Christ, and to enjoy the libertyes of the Gospell in purity wth peace, and whereas in or settling, (by a wise pvidence of God,) we are further dispersed vponn the sea coasts and rivers then was at first intended, so thatt wee cannott (according to our desire) wth conveniencie comunicate in one governmt and jurisdictic, & whereas we live incompassed wth people of severall nations and strange languages, well hereafter may prove injurious to vs or our posterity, and forasmuch as the natives have formrly comitted sundry insolencies and outrages vpon severall plantations of the English, and have of late combined themselves against vs, & seeing, by reason of the sad distractions in England wch they have heard of, and by wch they know we are kindred both from thatt humble way of seeking advice, and reaping those comfortable frutes of protection wch att other times we might well expect, We therefore doe conceive itt our bounden dutye wthout delay to enter into a prsent consociation amongst ourselves for mutual help and strength in all our future concermts, thatt as in nation and religion, so in other respects, we bee and continue one, according to the tennure and true meaning of the ensueing articles.

1 Wherefore itt is fully agreed and concluded by and betweene the ptyes or jurisdictions above named, and they joyntly and severally doe by these presents agree and conclude thatt they all be, and henceforth be called by the name of the United Collonyes of New England.

2 The said United Colonyes, for themselves and their posterityes, doe joyntly and severally, hereby enter into a firme and perpetuall leage of frendship and amyty, for offence and defence, mutuall advice and succour, upon all just occasions, both for prserving and ppagateing the truth and libertyes of the Gospell and of their owne mutuall safety and wellfare.

3 Itt is further agreed thatt the plantatios wch att present are or hereafter shall be settled wthin the lvmitts of the Massacusetts shall be for ever vnder the govermt of the Massacusetts, and shall have peculiar jnrisdiction amongst themselves in all cases as a entire body, & thatt Plymouth, Conectecut and Newhaven shall each of them in all respects have the like peculiar ju.risdiction and govermt wthin their limitts, and in referrence to the plantations wch already are settled or shall - hereafter be erected, and shall settle wtbin any of their lymmits, respectively ; provided, thatt no other jurisdiction shall hereafter be taken in as a distinct head or member of this confoederation, nor shall any other, either plantation or jurisdiction in prsent being, and nott already in combination or vnder the jurisdiction of any of these confoederates, be received by any of them, nor shall any two of these confoederates joyne in one jurisdiction wthout consent of the rest, wch consent to be interpreted as in the sixt ensueing article is expressed.

4 Itt is also by these confoederates agreed thatt the charge of all just warres, whether offensive or defensive, upon whatt pt or member of this confaederatin soever they fall, shall both in men, provisions and all other disburamts be borne by all the pts of this confoederation in different proportions, according to their different abilityes in manr following, Thatt the comissionrs for each jurisdiction from time to time, as there shalbe occasion, bring a true account and number of all the males in each plantation, or any way belonging to or vnder their severall jurisdictions, of whatt quality or condition soeur they be, from sixteene yeares olde to three score, being inhabitants there, and thatt according to the different numbers wch from time to time shall be found in each jurisdiction, vpon a true and just account, ye service of men & all charges of the warre be borne by the pole, each plantation or juristhction being left to their owne just course & custome of rateing themselves and,people, according to their different estates, wth due respect to their quallityes and exemptions among themselves, though the confoederation take no notice of any such prveledg, and thatt according to the differs charge of each jurisdiction & plantation according to the differt charge of each jurisdiction & plantation the whole advantage of the warre, (if it please God so to blesse their endeavors) whether itt be in lands, goods or psons, shall be pportionably decided among the said confoederates.

5 Itt is further agreed thatt if any of these jurisdictions, or any plantation. vnder or in combination wth them, be invaded by any enemy whomsoever, vpon notice and request of any three margistrates of thatt so invaded, the rest of the confoederates, wthout any further meeting or expostulation, shall forthwth send ayde to the confoederate in danger, but in different proportions, namely, the Massacusetts one hundred men, sufficiently armed and pvided for such a service and journay, and each of the rest forty five men, so armed & pvided, or any lesse number, if lesse be required according g to this pportion. Butt if such a confcederate. in danger may be supplyed by their next confoederate, nott exceeding the numbr hereby agreed, they may crave help there, and seeke no further for the prsent, the charge to be borne as in this article is expressed and att their retourne to be victualled and supplyed wth powder and shott (if there be need,) for their journay, by thatt jurisdiction wch imployed or sent for them, butt none of the jurisdictions to exceed these numbers, till by a meeting of the comissioners for this confoederativ, a greater ayde appeare necessary, and this proportion to continue till vpon knowledge of the numbers in each jurisdiction (wch shall be brought to the next meeting,) some other proportion be ordered, but in any such case of sending men for prsent ayde whether before or after such alteracon, it is agreed thatt att the meeting of the comisionrs for this confoederatin, the cause of such warre or invasion be duely considered, and if itt appeare thatt the fault lay in the pty so invaded, thatt then thatt jurisdiction or plantation make just satisfaction both to the invaders whome they have injured, and beare all the charges of the warre themselves, wthout requireing any allowance from the rest of the coufoederats towards the same. And further, if any jurisdictio see any danger of an invasion approaching, & there be time for a meeting, thatt in such case three magistrates of thatt jurisdiction may summon a meeting att such convenient place as themselves shall thinke meete, to consider and pvide against the threatned danger. Pvided, when they are mett they may remove to whatt place they please, onely while any of these fower confoederates have butt 3 magistrates ill their jurisdiction, a request or summons from any two of them shall be acounted of equall force wth the three mentioned in both the clauses of this article, till there be an increase of magistrates there.

6 Itt is allso agreed thatt for the managing and concluding of all affayres pp to, & concerning the whole confoederation, two comissioners shall be chosen by and out of each of these 4 jurisdictions, namely, two for the Massacusetts, two for Plymouth, two for Conecteeutt, and two for Newhaven, being all in church fellowship wth vs, wch shall bring full power from their severall Genril Courts respectively, to heare, examine, weigh & determine all affaires of warre or peace, leags, aydes, charges and numbers of men for warre, devision of spoyles, or whatsoever is gotten by conquest, receiveing of more confoederates or plantations into combination wth any of these confoederates, and all things of like nature wch are the pp concommitaints or consequents of such a confoederation, for amyty, offence and deffence, nott intermedling wth the gourmt of any of the jurisdictions, well, by the third article, is prserved intirely to themselves.
      Butt if these eight comissionrs, when they meete shall nott all agree, yett it is concluded thatt any six of the eight agreeing shall have power to settle and determine the busines in question. Butt if six doe not agree, thatt then such propositions wth their reasons, so farre as they have beene debated, be sent and referred to the fower Generall Courts, (viz) the Massacusetts, Plymouth, Conectecutt and Newhaven, and if at all the said Generall Courts the busines so referred be concluded, then to be psecuted by the confoederates, and all their members. Itt is further agreed thatt these eight comissioners shall meete once every yeare, besides extraordinary meetings, according to the fifth article, to consider, treate and conclude of all' affayres belonging to this confoederation, wch meeting shall ever be the first Thursday in September, and thatt the next meeting after the date of these prsents, wch shall be accounted the second meeting, shall be att Boston in the Massacusetts, the third att Hartforde, the fowerth aft Newhaven, the fifth att Plymouth, the sixt and seaventh att Boston, and then att Hartforde, Newhaven and Plymouth and so in course successively, if in the meane time some middle place be nott found out and agreed on, wch may be comodious for all the jurisdictions.

7 Itt is farther agreed thatt att each meeting of these eight comissionrs, whether ordinary or extraordinary, they all, or any six of them agreeing as before, may chuse their president, out of themselves, whose office & worke shalbe to direct for order and comely carrying. on of all proceedings in the prsent meeting, butt he shalbe invested wth no such power or respect as by wch he shall hinder the propounding or progresse of any busines, or any way cast the skales, otherwise then in the prsedent article is agreed.

8 Itt is also agreed thatt the comissionrs for this confoederatio hereafter att their meetings, whether ordinary or extraordinary, as they may have comission or oportunity, doe endeavour to frame and establish agreemts and orders in genrll cases of a civill nature wherein all the plantations are interested, for prserving peace amongst themselves, and prventing, (as much as may be) all occasions of warre or differences wth others, as about the free and speedy passage of justice in each jurisdiction to all the confeederates equally as to their owne, not receiving those thatt remove from one plantatio to another wthout due certifficates, how all the jurisdictions may carry itt towards the Indians, thatt they neither grow insolent, nor be injured wthout due satisfaction, least warre breake in vpon the confederates through such miscarryages. Itt is allso agreed, thatt if any servant run away from his mar into any other of these confederated jurisdictions, thatt in such case, vpon the certifficate of one magistrate in the jurisdiction out of which the said servant fled, or vpon other due proofe, the,said servant shall be deliured to his said mar, or to any other thatt psues and brings such certifficate or proofe, and thatt vpon the escape of any prisoner whatsoever or figitive for any criminall cause, wther breaking prison, or getting from the officer, or otherwise escapeing, vpon the certificate of two magistrates of the jurisdiction out of wch the escape is made, thatt he was a prisoner, or such an offendor att the time of the escape, the magistrates, or some of them, of thatt jurisdiction where, for the prsent the said prisoner or fugitive abideth, shall forthwth grant such a warrant as the case will beare for the apprehending of any such pson, and the delivery of him into the hand of the officer or other pson who psueth him, and if there be help required for the safe retourning of any such offender, then itt shall be granted unto him thatt craves itt, he paying the charges thereof.

9 And for thatt the justest warres may be of dangerous consequence, especially to the smaller plantations in these united collonyes, itt is agreed thatt neither the Massacusetts, Plymouth, Conectecutt, nor Newhaven, nor any of the members of any of them, shall, att any time hereafter begin, undertake or ingage themselves, or this confoederation, or any pt thereof, in any warre whatsoever, (sudden exegents wth the necessary consequences thereof excepted, wch are also to be moderated as much as the case will pmitt,) wthout the consent and agreemt of the forenamed eight comissionrs, or att least six of them, as in the sixt article is provided, and thatt no charge be required of any of the confoederates in case of a defensive warre, till the said comissionrs have mett and approved the justice of the warre, and have agreed vpon the sum of mony to be leivied, wch sum is then to be payd by the severall confoederates, in proportion, according to the fowerth article.

10 Thatt in extraordinary occasions, when meetings are sumtoned by three magistrates of any jurisdiction, or two, as in the fift article, if any of the comissioners come not, due warning being given or sent, itt is agreed thatt fower of the comissioners shall have power to direct a warre wch cannot be delayed, & to send for due proportions of men out of each jurisdiction, as well as six might doe if all mett, but nott less then six shall determine the justice of the warre, or allow the demaunds or bills of charges or cause any levies to be made for the same.

11 Itt is further agreed thatt if any of the confoederates shall hereafter breake any of these prsent articles, or be any other way injurious to any one of the other jurisdiction, such breach of agreemt or injury shall be duely considered and ordered by the comissrs for the other jurisdictions, thatt both peace and this prsent confoederation may be intyrely prserved wthout violatian.

12 Lastly, this ppetuall confcederation and the severall articles and agreemts thereof, being read and seriously considered, both by the Generall Court for the Massacusetts, and by the comissionrs for Plymouth, Conectecutt and Newhaven, were fully allowed and confirmed by three of the forenamed confoederates, namely, the Massacusetts, Conectecut and Newhaven, onely the comissioners from Plymouth, haveing noe commission to conclude, desired respite till they might advise wth their Generall Court, Wherevpon itt was agreed and concluded by the said Court of the Massacusetts, and the comissioners for the other two confoederates, thatt, if Plymoth consent, then the. whole treaty, as it stands in these prsent articles, is and shall continue firme and stable, wthout alteration. Butt, if Plymouth come nott in, yett the other three confoederates doe, by these prsents, conclude the whole confoederation and all the articles thereof, onely in Septem next, when the second meeting of the comissionrs is to be att Boston, new consideration may be taken of the sixt article, wch concerns number of comissioners for meeting and concluding the affayres of this confoederation, to the satisfaction of the court of the Massacusetts, and the comissionrs for the other two confoederates, butt the rest to stand vnquestioned. In testimony whereof, the Gearll Court of the Massacusetts, by their Secretary, and the comissionrs for Conectecutt and Newhaven have subscribed these prsent articles, this 19th day of the 3d moneth, comonly called May, 1643.

A COURT HELD ATT NEWHAVEN THE 2d OF AUGUST 1643

Whereas there is a difference depending betweene Robert Ceely, and Daniell Paule, about a note of agreement betweene them vnder both their hands, wth both their consents, itt was referred to Mr. Malbone and Mr. Wakeman to arbitrate and determine as they shall see cause.
A difference also betweene Will. Fowler and Steven Med calfe about a trespasse, wth both their consents, was referred to Mr. Malbon and Mr. Wakeman to arbitrate and determine as they shall see cause.
      Forasmuch as itt appeareth by the testimony of Lawrence Warde thatt Margerett Poore, alias Bedforde, now wife to Nicholas Gennings, was to be servant to Captayne Turner, into the full end and terme of 4 yeares from the time of her first coming to him, butt she runing away wth the said Nicholas, before the saide tearme was expired, itt was ordered, thatt the said Nicholas, her said husband, shall make satisfaction to Captaine Turner (her said mar,) for thatt lose of time, according as itt shall be arbitrated by Mr. Gregson and Mr. Wakeman, who are desired by the Court to doe the same. And the said Nicholas is to make 2 folde restitution for those things wch are confessed by them to be stolen from the said Captaine Turner.

[68] A COURT HELD ATT NEWHAVEN 2 AUGUST 1643

John Thickpeny, about the age of 25 yeares, marrianer, in the Cock wth George Lamberton in his last voyage to Delaware Bay, being duely sworn and examined, deposeth,
      Thatt he was present in the pinace called the Cock whereof Georg Lamberton was mar, rideing at - ancre about 3 miles above the Sweeds fort in Delaware River, when a letter was brought the Sweeds governor by Tim. the barber and Godfrey the marchants man coming wth him ; they tolde him, this deponent in Dutch, a language wch he vnderstoode, thatt the contents of the letter was thatt the Indians, being att the fort the day before, had stolen a golde chaine from the governors wife, and thatt the governor did intreat Mr. Lamberton to vse meanes to gett itt againe of the Indians who were then come to trade with the said Mr. Lamberton, desireing thatt they might stay aboarde till the next morning, thatt he might discover the Indian to him, affirming thatt he could know the Indian thatt had stolen itt, by a marke wch he had in his face, butt, though many Indians came aboard while he was there, yett he went away and never made more words of itt. This deponent further saith, thatt he was aboard when a second letter was brought aboard the Cock to Mr. Lamberton from the Sweeds governor the contents whereof he knows nott, butt a while after, the same day, he wth Isaac goeing to carry Mr. Lamberton ashoare to the Sweeds fort, into wch being entred, before they spoke wth the governor, the said Mr. Lamberton, this deponent, and the said Isaack were all cast into prison together, (butt a while the said Mr. Lamberton was taken forth of thatt roome, butt as he vnderstood was kept in another prison.) where he, this deponent, continued 3 dayes, in wch time John Woollen, servant to Mr. Lamberton, (and his interpreter betweene him and the Indians,) was committed to the same prison in irons, wch, he himselfe said, the governor had putt upon him wth his owne hands.
      And further this deponent saith thatt the said John Woolen tolde him thatt att his, the said John Woollens first coming into the Sweeds fort, he was brought into a roome in wch the governours wife, Tymothy the barber, and the watch maister came to him and brought wine and strong beere and gave him, wth a purpose, as he conceived to have made him drunck, and after he had largly drunk there, the Govr sent for him into his owne chamber and gave him more strong beer and wine, and drunk freely wth him, entertayning of him wth much respect seemingly, and wth profession of a great del of love to him, makeing many large promises to doe very much good for him if he would butt say thatt Georg Lamberton had hyred the Indians to cutt off the Sweeds, butt the said John Woollen denyed itt, then the governor drunke to him againe, and said he would make him a man, give him a plantation, and build him a house, and he should not want for golde nor silver, if he would butt say as is said before ; he would doe more for him then the Eng : could, for he loved him as his owne child, butt the said John answered, thatt there was no such thing, and if he would give him his house full of golde, he would nott say so, and then the governor seamed to be exceeding angry, and threatned him very much, and after thatt drunke to him againe, and prest him to confess as before, wch the said John Woollen refusing, the governor was much enraged, and stamped wth his feete, (wch this deponent himselfe heard, being in the roome vnder him,) and calling for irons, he putt them upon the said John Woollen wth his owne hands, and sent him downe to prison as before is expressed. And this deponent saith, thatt the aforesaid Sweeds watchman came into the prison, and brought strong beere, and drunke wth them about 2 howers in the night, and pressed the said John Woollen to say thatt the said George Lamberton had hyred the Indians to cutt off the Sweeds, and he should be loosed from his irons presently, butt John Woollen said he would not say itt if he should be hanged, drawee and quartered, because he would nott take away the life of a man thatt was innocent, there he prest him further, thatt he would speake any thiing to thatt purpose, be itt never so little, and he should be free presently, butt John Woolen said he could nott say itt nor he would nott say itt. And he further saith thatt the said watchman prest. him, this deponent, to the same purpose, and he should have his liberty, well he allso refused, knowing no such thing.

This deponent, thatt att another time while he was in prison, Gregory, the marchants man, came to him and tolde him they were sent by the governor to charge him wth treason well he had spoken against the Queene and Lords of Sweden, namely, thatt he had wished them burnt and hanged, well he this depont vtterly denyed, and then the said fetched a flagon of strong beere and drunke itt wth him, and after thatt fetched the said flagon full of sack and drunke thatt wth him allso, and bid him call for wine and stronge beere whatt he listed, and questioned wth him about Georg Lambertons hyring the Indians as aforesaid, his answer was, he knew no such thing. Then the watchman affirmed thatt itt was so, and thatt George Lamberton had given cloth, wampum, hattchetts and knives for thatt purpose, pressing him to say so and he should be free, and he would take vp, and clears him of the treason thatt was charged upon him, and if he feared to say so because of Mr. Lamberton, he, should not need to feare him, for he should pay him his wages before the vessell went, and he should chose whether he would goe back, or stay wth them, butt he answered, left them them doe whatt they pleased wth him, for he could nott say any such thing, and further he saith nott. [At the meeting of the commissioners for the United Colonies, at Boston, in September, 1643, Mr. Eaton and Mr. Gregson complained of the injuries the people of New Haven had received from the Dutch and Sweeds both at Delaware Bay and elsewhere, and the commissioners instructed Winthrop to write Printz concerning the foul injuries offered by him to Mr. Lamberton and his company. They gave also a commission to Mr. Lamberton to go treat with the Sweedish governor about satisfaction, and to agree with him about settling their trade and plantation. Hazard, IL, 11. Winthrop, IL, 140. Brodheads N. Y., I., 382.]

[70]A COURT HELD ATT NEWHAVEN THE 6t OF SEPTEMBER 1643

Marke Pearce, Will Holt, Edward Camp, brother Potter, Hen. Lendall, Hen : Line, Theophilus Higginson and Mathew Row, for coming late the last trapping day, were fined each man one shilling.

A COURT HELD ATT NEWHAVEN THE 4th OF OCTOBER 1643

Robt Hill, for neglect of his watch, was fined 5 shillings.
      Robt. Lea, for want of armes, was fined 5 s.
      Mighell Palmer, for the same, was fined 5 s.
      Ricc Edwards, for the same, was fined 5 s.
      Luke Attkinson and John Vincent fined each 1s for late comeing.
      Itt is ordered thatt there shall be a genrll muster, the next second day, wth an exact veiw of all the armes, to see thatt none be defective in acmes, shoott and pouder, according to the order in thatt case.
      Nathan Burchall confessed, thatt he haveing lived some time in Mr. Newmans house, and thereby haveing acquantance wth the house and the wayes of itt, had divers temptations to steale something out of itt, and though he prayed against the temptation, yett he was att last overcome by itt, and the last Lords day, in the time of the publique ordinances, he went into the house and so into the chamber and closett, where he found and tooke from thence to the value of 131b in mony, and to the value of 34s in other things. The processe respited till the next Court, and in the meane time he is to be kept in prison, or else lye in baile for his appearance att the next court.

A GENrll COURT HELD ATT NEWHAVEN THE 14th OF OCTOBER 1643

lit was ordered thatt 6 men shall forthwith be sent from hence (to joyne wth 8 of Connectecutt, to assist Vnkas against the Narragansett Indians, whom he expects shortly to warr vpon him,) and accordingly to be fitted and furnished wth all necessaryes for such a voyage and enterprize.* [* The Commissioners of the United Colonies having, at their session at Boston, in September, decided upon delivering up Miantonimo to be put to death by Micas, were apprehensive that the Nrragansetts would seek to revenge his death.]

[71] A GENrll COURT HELD ATT NEWHAVEN THE 23 OF OCTOBER 1643

Whereas this plantation att first wth genral and full consent laid their foundations thatt none butt members of aproved churches should be accounted free burgesses, nor should any else have any vote in any election, or power, or trust in ordering of civill affayres, in wch way we have constantly proceeded hitherto in our whole court, wth much comfortable fruite through Gods blessing. And whereas Stamforde, Guilforde, Yennicock, have vpon the same foundations and ingagements entred into combination wth vs, this Court was now informed, thatt of late there have beene some meetings and treaties betweene some of Milforde** and Mr. Eaton, about a combination, by wch it appeareth, thatt Milforde hath formerly taken in as free burgesses, six planters who are nott in church fellowshipp, wch hath bred some difficulty in the passages of this

[** Vpon a motion made by the comissioners for New Haven jurisdiction, it was graunted and ordered that the town of Mylford may be received into cornbinacon & as a member of the jurisdiction. of New Haven, if New Haven & Mylford agree vpon the tearmes and conditions among themselves." Rec. U. Col. Sept. 1643. Up to this time then, Wilford seems to have remained a separate and independent colony. Hubbard, Hist. N. E. p. 277, speaking of the settlement of Guilford and Milford3 says that " every one stood so much for their liberty that every plantation almost intended a peculiar government of themselves, if they could have brought it about, but those designs tended to the weakening of the country and hinderince of the general good of the whole." See also Sac. Wirth. i, 306. Lambert, Hist. Col. N. H. 62.]

treaty, butt, att present, itt stands thus, the deputies for Milforde have offered, in the name both of the church and towne, first, thatt the prsent six free burgesses who are nott church members, shall nott att any time hereafter be chosen, either deputyes, or into any publique trust for the combination. Secondly, thatt they shall neither personaly, nor by proxi, vote att any time in the election of magistrates. And, thirdly, thatt none shall be admitted freemen or free burgesses hereafter att Milforde, butt church members according to the practice of Newhaven. Thus Farr they granted, butt in two perticulars they and their said six freemen desire liberty, first, yt the said six freemen being already admitted by them, may continue to act in all proper perticular towne busines wherein the combination is nott interressed. And, secondly, thatt they may vote in the election of deputyes to be sent to the Generall Courts for the combination or jurisdiction, wch deputyes so to be chosen & sent, shall allwayes be church members.
      The premises being seriously considered by the whole Court, the brethren did express themselves as one man, clearely and fully, thatt in the foundations layde for civill governmt they have attended their light, and should have failed in their dutye had they done otherwise, and professed themselves carefull and resolved nott to shake the said groundworks by any [72] change for (ink blotch on page)___spect, and ordered, thatt this their vnderstanding of th {ink blotch on page) ____resolution to maintaine itt should be entred wth their vo (ink blotch) busines, as a lasting recorde. Butt nott foreseeing.any (ink blotch)___ eilding to Milforde wth the forementioned cau (ink blotch) ____ genrll consent and vote, ordered thatt the consociation proceed in all things according to the prmises.

GENrll COURT OF ELECTIONS HELD ATT NEWHAVEN FOR THIS JURISDICTION THE 26th OF OCTOBER 1643

Captaine Turner and Mr. Lamberton were chosen Deputyes for the Court of combination.
      Mr. Eaton was chosen Governor for this yeare ensuing.
      Mr. Goodyeare was chosen Deputy Governor.
      Mr. Gregson chosen Magistrate for this towne.
      Mr. Fowler and Goodman Tapp were chosen Magistrates for Milforde for this ensueing yeare, & Mr. Rayner for Stamforde.
      Mr. Leete and Mr. Disbrough were chosen Deputyes for Guilforde this yeare ensueing.
      Thomas Fugill was chosen Secretary for the whole combination or jurisdiction for this ensueing yeare.
      Thomas Kimberley was chosen Marshall for this whole jurisdiction, for this ensueing yeare.

.[73] A GENr11 COURT HELD ATT NEWHAVEN FOR THE JURISDICTION THE 27th OF OCTOBER 1643

Present.

Magistrates.
Theophilus Eaton, Gouernor
Stephen Goodyear, Deputy
Thomas Gregson
William Fowler
Edward Tapp

Deputyes
George Lamberton for Newhaven.
John Astwood, John Shriman, for Milforde.
Will Leete, Sam : Disbrough, for Guilforde.
Rich : Gildersleeve, John Whitmore, for Stamforde.

Itt was agreed (ink blotch of page)____ed as a foundamentall order nott to be dispu (ink blotch)____ned hereafter, than none shall be admitted to be free burgesses in any of the plantations wtbin this jurisdiction for the future, butt such planters as are members of some or other of the approved churches in New England, nor shall any butt such free burgesses have any vote in any election, (the six present freemen att Milforde enjoying the liberty wth the cautions agreed,) nor shall any power or trust in the ordering of any civill affayres, be att any time putt into the hands of any other then such church members, though as free planters, all have right to their inherritance & to comerce, according to such grants, orders and lawes as shall be made concerning the same.

2 All such free burgesses shall have power in each towne or plantation wthin this jurisdiction to chuse fitt and able men, from amongst themselves, being church members as before, to be the ordinary judges, to heare and determine all inferior causes, wther chill or criminall, provided thatt no civill cause to be tryed in any of these plantation Courts in value exceed 201b, and thatt the punishment in such criminalls, according to the minde of God, revealed in his word, touching such offences, doe nott exceed stocking and whipping, or if the fine be pecuniary, thatt itt exceed nott five pounds. In wch Court the magistrate or magistrates, if any be chosen by the free burgesses of the jurisdiction for thatt plantation, shall sitt and assist wth due respect to their place, and sentence shall pass according to the vote of the major part of each such Court, onely if the partyes, or any of them, be nott satisfyed wth the justice of such sentences or executions, appeales or commplaints may be made from and against these Courts to the Court of Magistrates for the whole jurisdiction.

3. All such free burgesses through the whole jurisdiction, shall have vote in the election of all magistrates, whether Governor, Deputy Governor, or other magistrates, wth a Treasurer, a Secretary and a Marshall, &c. for the jurisdiction. And for the ease of those free burgesses, especially in the more remote plantatons, they may by proxi vote in these elections, though absent, their votes being sealed vp in the prsence of the free burgesses themselves, thatt their severall libertyes may be preserved, and their votes directed according to their owne perticular light, and these free burgesses may, att every election, chuse so many magistrates for each plantation, as the weight of affayres may require, and as they shall finde fitt men for thatt trust. Butt it is provided and agreed, thatt no plantation shall att any election be left destitute of a magistrate if they desire one to be chosen out of those in church fellowshipp wth them.

4. All the magistrates for the whole jurisdiction shall meete twice a yeare att Newhaven, namely, the Munday immediately before the sitting of the two fixed Generall Courts hereafter menconed, to keep a Court called the Court of Magistrates for the tryall of weighty and capitall cases, whether civill or criminal, above those lymitted to the ordinary judges in the perticular plantations, and to receive and try all appeales brought into them from the aforesaid Plantation Courts, and to call all the inhabitants, whether free burgesses, free planters or others, to account for the breach of any lawes established, and for other misdemeanours, and to censure them according to the quallity of the offence, in wch meetings of magistrates, less then former shall nott be accounted a Court, nor shall they carry on any busines as a Court, butt itt is expected and required, thatt all the magistrates in this jurisdiction doe constantly attend the publique service att the times before menconed, &,. if any of them be absent att one of the clock in the afternoone on Munday aforesaid, when the court shall sitt, or if any of them depart ye towrie wihout leave while the court sitts, he or they shall pay for any such default, twenty shillings fine, vnless some providence of God occasion the same, wch the Court of Magistrates shall judge off from time to time, and all sentences in this court shall pass by the vote of the major part of magistrates therein, butt from this Court of Magistrates, appeales and complaints may be made and brought to the Genrll Court as the last and highest for this jurisdiction ; butt in all appeales or complants from, or to, what court soever, due costs and damages shall be payd by him or them thatt make appeale or complaint wthout just cause.

5. Besides the Plantation Courts and Court of Magistrates, their shall be a Genrll Cort for the Jurisdiction, wch shall consist of the Governor, Deputy Governor and all the Magistates wthin the Jurisdiction, and two Deputyes for every plantation in the Jurisdiction, wch Deputyes shall from time to time be chosen against the approach of any such Genrll Court, by the aforesaid free burgesses, and sent wth due certificate to assist in the same, all wch, both Governor and Deputy Gorernor, Magistrates and Deputyes, shall have their vote in the said Court. This Genrll Court shall alwayes sitt att Newhaven, (unless upon weighty occasions the Genril Court see cause for a time to sitt elsewhere,) and shall assemble twice every yeare, namely, the first Wednesday in Aprill, & the last Wednesday in October, in the later of wch Courts, the Governor, the Deputy Governor and all the magistrates for the whole jurisdiction wth a Treasurer, a Secretary and Marshall, shall yearely be chosen by all the free burgesses before menconed, besides wch two fixed courts, the Governor, or in his absence, the Deputy Governor, shall have power to summon a Genril Court att any other time, as the urgent and extraordinary occasions of the jurisdiction may require, and att all Genrll Courts, whether ordinary or extraordinary, the Governor and Deputy Governor, and all the rest of the magistrates for the jurisdiction, wth the Deputyes for the severall plantations, shall sitt together, till the affayres of the jurisdiction be dispatched or may safely be respited, and if any of the said magistrates or Deputyes shall either be absent att the first sitting of the said Genii' Court, (vnless some providence of God hinder, wch the said Court shall judge of,) or depart, or absent themselves disorderly before the Court be finished, he or they shall each of them pay twenty shillings fine, wth due consideration of further aggravations if there shall be cause ; wch Genrll Court shall, wth all care and diligence provide for the maintenance of the purity of religion, and shall suppress the contrary, according to their best light from the worde of God, and all wholsome and sovnd advice wch shall be given by the elders and churches in the jurisdictin, so farr as may concerne their civill power to deale therein.
      Seconly, they shall have power to mak and repeale lawes, and, while they are in force, to require execution of them in all the severall plantations.
      Thirdly, to impose an oath vpon all the magistrates, for the faithfull discharge of the trust comitted to them, according to their best abilityes, and to call them to account for the breach of any lawes established, or for other misdemeanors, and to censure them, as the quallity of the offence shall require.
      Fowerthly, to impose and oath of fidelity and due subjection to the lawes vpon all the free burgesses, free planters, and other inhabitants wthin the whole jurisdiction.
      5ly, to settle and leivie rates and contributions vpon all the several, plantations, for the publique service of the jurisdiction.
      61y, to heare and determine all causes, whether civill or criminall, wch by appeale or complaint shall be orderly brought unto them from any of the other Courts, or from any of the other plantations, In all wch, wth whatsoever else shall fall wthin their cognisance or judicature, they shall proceed according to the scriptures, wch is the rule of all rightous lawes and sentences, and nothing shall pass as an act of the Genrll Court butt by the consent of the major part of magistrates, and the greater part of Deputyes.

These genrlls being thus layd and settled, though wth purpose thatt the scircumstantialls, such as the vallue of causes to be tryed in the Plantation Courts, the ordinary and fixed times of meetings, both for the Gearll Courts, and courts of magistrates, how oft and when they shall sitt, wth the fines for absence or default, be hereafter considered off, continued or altered, as may best and most advance the course of justice, and best sute the occasions of the plantations, the Court proceeded to prsent perticular busines of the jurisdiction.
      [76] Vpon a proposition and request made by Captaine Underhill and Mr. Allerton by instructions from the Dutch Governour and some of the freemen of thatt jurisdiction, for the raising of one hundred souldiers out of these plantations of the English, and armed and victualled, to be led forth by Captaine Underhill against the Indians now in hostility against the Dutch, to be payd by bills of exchaing into Holland.
      The Court seriously considerd the propositions wth the consquences thereof, and though they were affected wth a due sence of so much Christian blood, both Dutch and English under the Dutch governmt, lately shed by the Indians, yett nott clearely vnderstanding the rise and cause of the warr, and well remembring the articles of confaederation betwixt themselves and ye rest of the vnited collonyes in New England in the case of warr, they did nott see att present how they might afforde the ayd propounded wthout a meeting and consent of the comissioners for the rest of the jurisdictions. Butt if peace be nott settled this winter, so soone as the comissionrs may meet in the spring, both the ground of the warr, and the ayd or assistance desired, may be taken into due consideratian, and if, in the mean time, there be want of corne for men and foode for cattell in supply of what the Indians have distrayed, these plantations will afforde whatt help they may.
      The Court nott thinking itt meete to afforde thatt ayd of souldiers to the Dutch, nor to send Captaine Underhill to lead their men against the Indians wthout the consent of ye comissioners for the collonyes as is before expressed, a motion and request was made by Captaine Underhill thatt twenty pounds might be lent him to supply his present occasions, wch 201b shall be repayed by the towne of Stamforde out of the salary they have ingaged themselves to allow him yearely, the one halfe in March come twelve moneths, the other halfe the next ensueing March, wch will be Ano 1645. Wch being duely considered, itt was ordered, thatt if the lending of this 201b may be a meanes to settle the captaine, and if they conceive his settlemt may tend to their comfort and security, and if the towne of Stamforde will see the said sum duely repayd att the times above menconed, the jurisdiction is willing to lend the said sum to prevent the snares of larger offers for his remove.

The court considering thatt by the articles of confoederatio the commissionrs for the severall jurisdictions may be called to meete extraordinarily vpon the vrgent affayres of the collonyes, and thatt perhaps, wth such short warning thatt there may nott be time to call a Genll Court from the remote plantations, they did thinke itt needfull now to guide accordingly, and by genrll consent and vote, Mr. Eaton, Governor, and Mr. Gregson, Magistrate, were chosen comissiours for this jurisdiction for the meeting at Hartforde in September next, wth full power to treate and determine, according to the forme ordered by the comissioners att their last meeting. And in case either of them should be sick, or by any other providence of God hindred from the journay and service, Mr. Malbon is by full consent and vote chosen and ordered to supply in thatt case. Butt if a meeting should be summoned before thatt time wch might occasion a farther journay, Mr. Goodyeare, Deputy Gouernor, and Mr. Gregson were chosen commissionrs, wth like full power for the service of this jurisdiction. And if either of them, by any providence, be disabled or kindred from the said journay, Mr. Mahon was chosen comissionr wth full power to supply thatt place.

[77] The Court considering thatt some charges have beene already expended for the jurisdiction in the journayes made for the settling a combination and service of the jurisdiction, and thatt 6 souldiers being now sent forth to joyne wth 8 from Hartforde for Vncus defence against the assults wch may be made vpon him by the Narragansett Indians for Meantonimoes death, wch, wth the shallop attending them, will be a further charge to the jurisdiction, And lastly, considering the loane of this twenty pounds to Captaine Underhill, if Stamforde embrace the proposition, as is before exprest, they thought, and by genllconsent and vote itt was ordered, thatt a farther stock be raised, and forthwith payd into the treasurer att Newhaven by the severall plantations in this jurisdiction, namely, five pounds for Guilforde, and five pounds by Stamforde, and thatt Milforde pay ten pounds to equall Guilforde or Stamforde who have allready beene assessed each of them five pounds towards the foremenconed charges, besides the present leavy, and thatt Newhaven beare their proportionable share, itt being by genll consent and vote of this Court ordered and concluded, thatt all the charges for this jurisdiction, both for the prsent and hereafter, be borne by the [the word 'different' atop the word 'severall'] proportions of males wch from time to time shall be found in them from 16 to sixty yeares olde, as in the articles of combination is agreed for the jurisdiction, of wch stock, both received and expended, the treasurer shall from yeare to yeare give account to this Genrll Court vpon demaund, thatt itt may appeare thatt all disbursements are for the publique service of this jurisdiction, and thatt no plantation be charged above their just proportion.

Two letters being now read in court from the magistrate (in the margin, "2 letters fro Mr. Rayner") of Stamforde, the former being dated the 18th, the latter the 23th prsent. Itt appeared by the formr thatt the justice of the Court of Stamforde hath beene charged by the mar (Richard Crab) of an Indian captive, for thatt the said captive was sensured to be publiquely whipped for publique misdemeanours, the mar telling the magistrate before witnesse, itt was neither honesty nor justice so to proceed, he haveing corrected the boy att home, wherevpon the Court did neither think, famyly correction sufficient for such publique offences, nor thatt such affronts to magistracee should either be evaded by sleight interpretations, nor passed by wth some private acknowledgment, ordered, that the mar of the said captive boy be bound ouer to the Court of magistrates wch will be held att Newhaven on Monday the first of Aprill next, to answer his miscarryage.
      In the second letter from Stamforde, the magistrate supposing, in respect of the many injuries from the Indians received, they have cause to begin a warr upon them, and they sitt still for want of a concurrence of the rest of the jurisdiction, expreseth their apprehension, thatt if their houses should be fired, &c. the jurisdiction should beare the burden, wch the whole Court marvelled att, conceiving thatt the councell given Stamforde in the case was most safe for themselves to take, and considering the ingagemt wherein this jurisdiction standeth to the rest of the collonyes, absolutely necessary for vs to give, and thatt no man would be forewarde to give advice if therefore he must beare the afflicting providences of God wch may follow.

[78] A GENrll COURT HELDE ATT NEWHAVEN THE 30th OF OCTOBER , 1643, FOR THIS PLANTATION

Mr. Malbon, Mr. Lamberton, Mr. Evance and Mr. Wakeman were chosen deputyes of this plantation, and Mr. Mahon continued Treasurer for this yeare.
Tho : Fugill chosen Secretary, and Tho : Kimberley chosen Marshall.
      Itt was ordered thatt one of the squadrons in their course shall come to the meetings every Saboth compleatly armed, fitt for service, wth att the least 6 charges of shott and pouder, and be ready att the meeting house, wthin halfe an hower after the first beating of the drum, then and there to be att the comaund of the officers in such service as they are appoynted to attend vnto on those dayes, vnder such penalty as the court shall judge meet, according to the nature of their offence ; also the sentinell and those thatt walke the round shall have their matches lighted dureing the time of the meeting, if they have match locks.

A COURT HELD ATT NEWHAVEN THE I of NOVEMBER, 1643

Robert Lea, for comeing to traying wth his gun charged wth shott, contrary to order, and carelessly discharging itt against Mr. Gregson his house, to the great danger of the lives of divers persons, who were in the chamber when the shott came through the window, was fined 20s to the towne, and to repaire the window wch was broken by the said shott.
      The difference about the neck bridg was respited to another Court, onely itt was ordered, thatt those who did the worke are to repair itt for the prsent, and to have three pounds for the doeing of itt, provided thatt they doe itt well and substantially, and for that end brother Andrewes is to oversee and direct the work while itt is a doeing, and when itt is finished the comittee formerly appoynted to veiw, are to veiw itt againe, to see thatt itt be done according to the intent of this order.
      Itt was ordered thatt brother Andrewes shall take care thatt three or fower lighter loades of stones be layd by the bridge, to breake the force of the water from itt.
      Whereas Nathan Burchall hath beene formerly convicted in this Court, for stealing out of Mr. Robt Newmans house on the Lord's day, in mony the sum of thirteene pounds, and other things to the vallue of 11b 14s, itt was ordered thatt he should make double restitution for the said severall sums, and have some corporall punishment for the aggravations of his fact.
      Allen Ball is ordered to have 2s 2d of the goods of Lawrence Watts.

[79] A GENrll COURT HELD ATT NEWHAVEN THE 13th OF NOVEMBER, 1643

Itt was ordered thatt all those thatt will pay their rates in Indian corne shall pay itt att 2s 4d p bushell, good marchantable corne, and thatt every man pay his rates, (wch are now due,) forthwith, either in Indian corne as itt is not ordered, or in wampom, or in cattell as they shall be justly prized by indifferent men, to such persons as the treasurer shall assigne to receive the same wthout any delay, or putting the treasurer to further trouble.
Itt was ordered thatt every famyly wthout this plantatio shall have a coate of cotton woole, well and substantially made, so as itt may be fitt for service, and that in convenient time the taylours see itt be done.
      Itt is ordered thatt the great guns shall be forthwith fitted for service, and Mr. Lamberton and Mr. Rudderforde are desired to see itt done.
Itt was ordered thatt every chimney in the towne in wch fire is constantly kept, shall be swept once every moneth from Septmber till March, and once every 2 moneths in sumr, wch worke Goodman Cooper bath vndertaken to doe, and is to have 4d a peece for every chimney thatt is two storyes high and upward, and 2d a peece for all thatt are under 2 storyes high, to be duely payd him by all those thatt agree wth him, butt if any will doe itt themselves, and Goodman Cooper come after the time lymitted and finde them not done or not well done, he is to doe itt well, and to have double pay of those whose neglect itt is, and if be shall neglect to doe those, according to the intent of this order, wch he vndertakes, he is to pay double pay for his neglect.

ATT A COURT HELD ATT NEWHAVEN THE 6th OF DECEMBER, 1643

Goodman Chapman, brother Davis, John Thomas, Sam : Hoskins, brother Nicholls, Joh Charles, Thomas Barnes and Thomas Wheeler were fined 5s apeece for want of ladders.
      Brother Thorpe, for comeing late to sett his watch, and neglecting to order itt aright when he did come, was fined 10s.
      Jerimy Whitnell for nott keeping a sentineil forth, and suffering att least some of his watchmen to sleepe, was fined 5s.
      Whereas John Tompson required satisfaction for some damage done to his corne by the hoggs of Mr. Eaton, Mr. Malbon and Mr. Lamberton, itt was ordered, that he should have satisfaction made by those (whose fence upon veiw shall be found defective) according to every mans proportion, wch shall be judged by indifferent men. John Chapman, Thomas Kimberley & Will Preston are desired to goe wth John Tompson to veiw and judge accordingly.
      Whereas Tho : Moulenor desired thatt some other should have the hearing of the difference betweene him selfe and this plantation for his disorderly proceedings at Totokett, itt was ordered, thatt he shall have 6 moneths time to bring his arbitrators whom he shall chuse, (provided they be godly wise) well if he shall not doe wthin the said tearme, he shall submitt to the judgment of this Court, wch condicon he accepted.

[80]ATT A COURT HELD ATT NEWHAVEN THE 4th OF JANUARY, 1643

[transcriber's note: The year began in March, so Jan. was still in 1643].
      Isaack Whitehead, Will Mecar, Thomas Powell, Tymothy Forde, Goodman Hitchcock, Rich : Webb, Pillipp Leake, bro : Elsey, Jonathan Marsh, Ricd Beach, John Lawrenson, Robt Emery, Will Iles, Hen : Gibbons, Tho Robinson, Nicholas Gennings, Tho : Yale, John Hill, bro Lamson, fined each 1s for late coining to trayne. And Rich : Newman, John Beach, and James Stewart fined each man 2s for twice late coming.
      Richard Newman, Peter Browne, Will Potter, John Beach, Goodman Ward, John Benham, Isaack Whitehead, Robt Leay, Tho Blakeley, John Medcalfe, bro Lamson, fined each man 2s for defect. guns. Will Bladen, Rich : Spery, Hen : Glover and John Thomas for defect in their cocks fined each man, 1s.
Richard Newman and Will Potter & Isaack Whitehead fined 6 pence a peece for want of shott. Will Mecar fined 1s for want of shott and pouder, & Edward Chipperfield allso.
      John Hunter, Will Mecar and Will Blayden fined each man 1s for defect. sworde.
      John Hill, Edward Hitchcock and Amrose Sutton, fined each man 6d for want of flints, & Rich : Lowell 6d for want of match.
      John Hill & Edward Chipperfield, for want of worme and skourer, each 6d.
      John Wolforde, defect. rest, fined 6d.
      Joh : Griffin, Jonathan Rud, Wilt Wooden, Tho : Toby, Roger Knap, Sam : Hoskins, Edward Parker and Lanclott Fuller, fined each man 3s 4d for totall defect in armes.
      Johnathan Marsh, Edmond Towly, fined each man 2-6 for totall absence, & James Stewart and Math : Crowder, each man 5s for twice totall absence.
Mathew Hitchcock, fined 3s 4d for a disorder in his watch.
      Whereas Thomas Blakeley suffered a sack wth 3 bushells of meale of Mr. Lings, and a sack wth one bushell of meale of Mr. Francis Newmans, well he had the charge off, to be carryed to Long Iland, itt was ordered thatt he shall make good the said sacks and meale to the owners forthwth, and he himselfe seeke satisfactio from those who tooke the said sacks.
      And forasmuch as vpon this sentence of the Court, he went forth in discontente, and, in the hearing of divers, he reproached the Court, charging the Court wth injustice, wch upon examination appeared to be most false, therevpon the Court ordered thatt the said Blakley shall pay 20s fine and be comitted dureing the magistrates pleasure.

ATT A COURT HELD ATT NEWHAVEN THE 8 OF FEBRUARY, 1643

Whereas an attatchmet hath beene granted against Francis Smyth to Thomas Blackley, for a debt of 17s wch the said Francis Smyth received of the said Blackley, as appeares by the testimony of Lawrence Warde, and forasmuch as the sum of 13s rests in the hands of Sam : Whitehead wch belongs to the said Francis Smyth, itt was therefore ordered thatt the said 13s shall be detained on the behalfe of the said Blackley.
      Francis Church desired the justice of the Court agst Thomas Moulenor (for a debt of 21b 2s wth damages for 3 yeares forbeareance,) on the behalfe of Thomas Whiteway, wch debt the said Moulenor did confess to be due to the said Thomas, and did referred himselfe to judgmt of the Court, and therevpon it was ordered thatt the principall, wth 12s damages, shall be forthwth payd to the said Church by the said Moulenor.
      [81] Itt was ordered, thatt 1 1b 2s of James Nortons in the hands of Thomas Blackley shall be attatched an the behalfe of the Dellaware Company.
Itt was ordered, thatt Thomas French beare halfe of all the losse wch was layd vpon Thomas Blackley, the last Court, concerning the 2 sacks of meale wch was carryed to Long Iland, because he was a cause of the mistake in the sacks.
      Mr. Cheevers desired 4�3�6 out of the estate of Mr. Trobridge, wch is justly due to him for teaching ye children.
      Richard Beach hath ingaged his house and lott to secure a former agreemt in reference to the children of Andrew Hull, late deceased.
      A difference betweene Robt Ceeley and John Mason was referred to Mr. Gregson and Mr. Malbon to determine.

A COURT HELD THE 1 th OF MARCH, 1643

Mr. Stiles of Conectecutt desired the justice of the Court against Geo. Larrymor concerning a debt of 10 lb, the remainder of a debt of 25 1b wch the said George was to pay for a servant, (by name Geo : Chappell, wch he bought of the said Mr. Styles, wch was testifyed on his behalfe by the said Geo: Chappell vpon oath as apeares vnder the hand of Mr. Swaine, a magistrate att Connectecut, before whome he was sworne, and confessed by the said Geo : Larrymor himselfe, onely he aleadged thatt he was nott to pay the said 10 lb vnlesse the said Georg Chappell did serve out his time, butt the said Geo: Larrymor did sell his time ; therefore the Court ordered, thatt the said Geo : should pay the said 10 lb to the said Mr. Stiles wthout delay.
      Rich: Mansfield demaunded a debt of 4Os of Hen : Gibbons, wch the said Hen: promised to pay wthin a moneth, onely desired to have 20s of itt abated for lodging and fire wood for a whole winter in his cellar, wch was thought reasonable, and Rich: Mansfield ordered to allow itt. Math : Hitchcock, for a willfull neglect to walke the round when the officers called him, was fined 5s.
      James Haward, Joh : Tompson, Will Bassett, Anthony Tompson, David Evance, Samuell Willson and Sam : Hoskins, fined each man 6d for foole guns.
Tho : Yale and Jonathan Marsh for the same, 6d a peece.
      Rich: Perry and his 2 men, Will Gibbard, and James Stewart & Wilt Ball, for late comeing fined each man 1s.
      Roger Knap, defect. all except a gun, fined 5.
      Bro. Lamson defect. gun fined 4s.
      Theo : Higginson, James Stewart and James Haward defect. belt, fined 6d.
      Itt was ordered, thatt the treasurer shall pay l s to bro : Mosse wch he lard downe for Goodman Paull.
      Mr. Eatons 3 men, Theo : Higingson and his man, for coming wthout armes on the Lords day, fined each man 2 s.
      Math Crowder, Thomas Caffins, Theo : Higginson, James Stewart, Tho : Meaks, Isaack Whitehead, Math : Row, Rich Mansfield, Tho : Iles, Lawrence Warde, Joh : Hill, John Cooper, Jarvice Boykin, & Mr. Eatons 3 men, fined each man 6d, for late comming to the meeting wth their armes Feb : 18, 1643.

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