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]

[82] ATT A GENrll COURT HELD ATT NEWHAVEN THE 25th OF MARCH, 1644

Mr. Malbon & Captaine Turner chosen Deputyes for this towne agst the Genrll Court for the jurisdiction.
      Mr. Malbon, Mr. Evance, Mr. Lamberton and Mr. Wakeman chosen Deputyes for this halfe yeare next ensueing.
      A comittee was appoynted to consider of the springs, highwayes and fences in question about the neck, thatt itt might be fenced in for a pasture, whereupon a question was raised by bro : Gibbard, wther they might not fence in their quarter wth the spring wch is wthin the bounds for their land there, wch, after some debate, itt was resolved they might nott, because their was an order yt none should fence the springs in the neck from the comon when it is layd. for a pasture, and so they rested satisfied.
      Mr. Malbon, Mr. Gilbert, Mr. Francis Newman and Joshuah Attwater were chosen comittee for the premises.
      Mr. Malbon vndertooke to see the neck fenced forthwth, and those who have land their are to pay the charg, according to their proportion, wthin 20 dayes after the account is given to them, or else they shall loose the feed of their land for 2 yeares next ensueing the date hereof.
      Itt was ordered thatt every quarter shall appoynt comittees for their quarters to veiw the outside fences, and where they finde defects to left the owners know ; and if they doe nott see itt mended vpon notice so given, if cattell breake in, though it canott certainely be found where they gott in, yett they must beare the damage whose fence was found defective and nott mended.
      Itt was ordered thatt they to whome the affayres of the towne is intrusted shall dispose of Totokett according as in their wisdome they see cause.
      Itt was ordered thatt the 2d drume shall be the period of the souldiers coming on the Lords day.
      Itt was ordered thatt Stephen the drnmr shall have 5 lb payd yearely out of the treasury while he continues drumr.
      Vpon a proposition made by those who have the small lotts, thatt they may have the Bever meadowes granted to them by the Genrll Court, itt was ordered, thatt Mr. Wakeman, Mr. Gibbard, Goodman Gibbs and Mr. Pearce shall veiw the said meadowes and certifie the Court if they conceive it may nott be inconvenient for the towne to part wth itt.

[83] [ATT a Court of Magistrates held att Newhaven]
THE FIRST OF APRILL, 1644

Present:
Theophilus Eaton Gournor, Stephen Goodyeare, Depty Gournor, & Thomas Gregson, Magistrate for New Haven.
      Will Fowler & Edmond Tappe for Milforde.
      Thirston Rayner for Stamforde.

Thomas Stevenson and Georg Slowson of Stamforde, being appoynted in their course to watch the Dutchman who murdered Captaine Pattricke,* [Capt. Daniel Patrick had been a common soldier of the Prince's guard in Holland, was admitted freeman in Watertown, Mass., May 18, 1631, and chosen captain March 9,16364- He grew, says Winthrop, proud and vicious, and perceiving that his evil courses would not be endured in the Bay, he removed to within twenty miles of the Dutch and put himself under their protection, and when the Indians arose in those parts he fled to Stamford. He was killed in Capt. Underhill's house, on a Sunday afternoon during the time of afternoon exercise. " The Dutchman had charged him with treachery for causing 120 men to come to him upon his promise to direct them to the Indians, etc., but deluded them. Whereupon the captain gave him ill language and spit in his face, and turning to go out, the Dutchman shot him behind in the head, so he fell down dead, and never spake."—Mass. Records i, Sav. Winth. ii, 151.] (he being kept prisonr in the house of Captaine Underhill from whence he made an escape through their negligence,) were charged wth the said escape.
      Tho : Stevenson said thatt they were carefull to discharge the trust comitted to them, according to the best of their vnderstaudimg, butt Captaine Underhill persuaded them to lett him goe to bed in a chamber and tolde them thatt if they did butt lock the dore of the chamber wherein the prisoner lay, they might sitt by the fire in the lower roome att the foote of the staires, wch the did and had no company butt the captaine and his wife who stayed nott long wth them before they departed to their lodging, and about 2 or 3 hovers after, they missed the prisonr, and then the called vp the magistrate.
      George Slowson saith, thatt he questioning about the safety of the window of the chamber where the prisoner lay, the captaines wife [It will be remembered that Captain Underhill's wife was a Dutch woman] showed some dislike of itt, and said what adoe is here, yet the said Geo : rested not there, butt spake to the Captaine himselfe, who said thatt he had spoken wth the prisoner to know if he had no temptation to escape, who answered yea, butt alas, said he, whither can I goe, I had rather dye vnder the hands of a Christian magistrate then vnder the hands of the Indians, and thereupon the said George rested more secure, he further saith, thatt when the messengers came from Newhaven, the captaine said to them, now looke to the prisoner yor selves for I will take charge of him no longer now that Newhaven men are come.
      They both alleadge and stedfastly affirme, thatt they had no perticular direction how to order their watch, butt onely a genrll charge wch was given att first to the watchmen, namely, watch the prisoner, and thatt itt was meere ignorance wch was the cause of this miscarryage. Butt because the magistrate affirmeth thatt he gave a new and more strict charge thatt night (upon the coming of the messengers from Newhaven,) then he had done formerly, and the watchmen deny thatt ever they heard of any other, so yt the case seemes darke, and because the Governor intends to go to Stamforde shortly, the Court referred itt to him to examine and determine their, if he see cause, or else to referre itt to the next Court of magistrates and binde the partyes whom it concernes to answer the same then and there.

Richard Crab of Stamforde was called to answer his miscarryage in chargeing the Court at Stamforde wth injustice and dishonesty, he said he did nott charge the court, butt said itt was his apprehension, and thatt he had studdyed the case, butt professed he could not yett see light thatt itt is just to punish the boy twice for one fact, he said thatt the occasion of the boys fact was because he was wont to borrow a gun of the man from whom he tooke itt, and therefore thought he might make the more bolde to take itt att this time, butt att last seeing so cleare an evidence against him, he confessed he had failed in speakeing such words, and said he was vnder a temptation, fearing thatt if his boy were publiquely whipped, itt would cause him to run away, wch would be a great losse to him and a greefe to his wife. The Court haveing heard all thatt he could say for himselfe, censured him to pay 5 1b fine to Mr. Rayner the magistrate att Stamforde before the next court of magistrates, and ailso to acknowledge his miscarriage.

THE 2d OF APRILL 1644

Whereas some cattell of the goods of Owen Row of London, marchant, have Keene formrly attatched att the suite of Rich : Bellingham of Boston Esqr. (for a debt of 62 lb 10s,) who hath ordained Rich : Malbon of Newhaven his attournay to psecute the said attatchmt, and the said Mr. Malbon bath now desired the judgmt of this Court concering the saide debt, wch he cleared to the court to be due to the said Rich : Bellingham. And therevpon the court gave judgment for the said Mr. Bellingham, he haveing undertaken, by a bill vnder his hand, to save this Court harmless from all just molestations for the same.

[84] A GENrll COURT HELD ATT NEWHAVEN [for the jurisdiction] THE 3d OF APRILL 1644

Present:
Magistrates
Theoph : Eaton, Governor
Stephen Goodyeare, Depty
Thomas Gregson
For Milforde:
Will Fowler
Edmond Tapp
Thirston Rayner for Stamforde.

Deputyes
Pro Newhaven:
Captaine Turner
Rich : Malbon
Pro Milford:
Zack : Whitman
John Astwood
Will Leete & Jacob Sheath per Guilford.
Andrew Ward & Robt Coe per Stamforde.

Itt was ordered thatt the fundamentals orders concerning the fixed Genrll Courts and Courts of Magistrates shall be a sufficient summons to all the plantations wthin this jurisdiction, and thatt they shall expect no other warning to prepare them for the same, and for thatt end the magistrate or magts of every plantation shall call a meeting some convenient time before the said Genrll Courts to chose their deputies who are to he sent wth due certifficates, and not to come wthout as some now did, though the Court passed itt over att this time.
      This day a forme of an oath for the Governor and magistrats to take, and another forme of an oath to be imposed upon all the inhabitants wthin this jurisdiction was propounded to the consideration of the court, who, after some serious debate and consideration, rested satisfyed wth the said formes. And thereupon ordered, thatt itt should be forthwith putt in execution, and whereas the Governor doth shortly intend a journay to Stamforde on other occasions, the Court desired him to improve thatt opportunity, both att Stamforde and att Milford, for the giveing of the oath, and the like att Guilforde in time convenient. Itt was further ordered thatt no person or persons shall hereafter be admitted as an inhabitant in this juristhction or any of the plantations therein butt he or they shall take the said oath upon his or their admittance.

Itt was ordered, thatt there shall be two marketts or fayrs for cattell and other goods every yeare att Newhaven, (viz) one on the third Wednesday in May, the other the third Wednesday in September.
      Itt was ordered, thatt the Court att Stamford shall proceed in all their conclusions and determinations as the rest of the plantations in this jurisdiction doe, and as is ordered in the fundamentall orders of the last Genril Court for the jurisdiction, (viz) thatt the sentence of the Court be carryed by the vote of the major part of the Court.
      Itt was ordered, thatt whensoever any capitall offendor shall be apprehended wthin this jurisdiction, he shall be sent wth all convenient speed to Newhaven, there to be kept in safe custody till he be brought to due tryall.
      Itt was ordered thatt the judiciall laves of God, as they were delivered by Moses, and as they are a fence to the morrall law, being neither typicail nor ceremoniall, nor had any referrence to Canaan, shall be accounted of morrall equity, and genrlly binde all offendors, and be a rule to all the courts in this jurisdiction in their proceeding against offendors, till they be branched out into perticulars hereafter.
      Itt was ordered thatt in case any of the magistrates in the smaller plantatoos see need of help in some weighty causes or difficult knotty cases, upon due notice and request to the Governor, provision shall be made accordingly.
      [85] Itt was ordered thatt for the more comfortable carrying on of the affayres att Guilforde till they have a magistrate their, the free burgesses may chuse among themselves fower deputyes and forme a court.
      Itt is ordered thatt every male from 16 to 60 yeares olde within this jurisdiction be furnished forthwith, wth a good gun, a sword, a pound of good pouder, 4 fathom of match for a matchlock, 5 or 6 good flints fitted for every fyre lock, and 4 pound of pistoll bulletts, or 24 bulletts fitted for every gun, and so continue furnished from time to time, vnder the penalty of 1Os fine for every person found faulty or defective.
      Itt was further ordered, thatt the Captaine shall give order to the officers, that they take a strict veiw once every quarter of a yeare, thatt all the males from 16 to 60 be furnished as above, vnder the penalty of 40s fine, and if the officers shall neglect to doe itt att his appoyntment, their fine is 40s allso, to be leivyed att the discretion of the Court, and thatt a retourn of the said veiw be made vnto the magistrate or Court, by the captaine or his clarke att his appoyntmt, vnder the penalty of the fine aforesaid. Moreover, itt was ordered, thatt there shall be att least 6 traynings every yeare in every plantation, & never above one of those 6 in a moneth, vnder the penalty of 5 lb fine, to be leivyed of the military officers for every default. Note thatt in such plantations where there is no captaine for the present, there the cheefe officer is in stead of the captaine, and is to veiw vnder the penalty of the captaines fine.
Itt is allso ordered, thatt throughout this jurisdiction, there shall be a comon stock of pouder and shott, according to the orders of ye comissioners for the collonyes,* (viz) a hundred pound of pouder and 400 1 of shott, (layde vp in every plantation,) for every hundred men or males as aforesd, and so in proportion differently, vnder the penalty of 1s fine for every pound of pouder, and 20s for every hundred weight of shott wch shall be found wanting after 3 moneths next ensueing be expyred ; the fines for these defects are to be payd into the comon wealths treasury.
      Itt was ordered, thatt a 4th part of the trayned band in every plantation shall come to the publique wors of God. att the beating of the 2d drum att furthest, wth their armes cornpleat, their guns ready charged, wth their match for their matchlocks and flints ready fitted in their firelocks, & shott pouder for att least 5 or 6 charges, (besides their charge in their guns,) vnder the penalty of 2s fine for neglect or defect in furniture, and 1s for late comeing, allso the sentinell, and they who walke the rounde, shall have their matches lighted dureing the time of the meeting, if they vse match locks.
      Itt was ordered, thatt a strict watch shall be kept in all the plantation in this jurisdiction, from the first of March to the last of October every yeare ordinaryly, leaveing extraordinary cases to the Governor or Magists, to order as occasion may require, and in the ordinary course to be observed as followeth ; The drum is to beate att the goeing downe of the sun, all the watchmen to be there wthin an hower after the setting of the sun, wth their armes compleate and guns charged, and att least 5 or 6 shotts of shott and pouder besides, for each of them, and if any of them come late, or be defective in their armes, they are to pay 1s fine. If totally absent, 5s fine. The watch is to be sett wthin an hower after the sunsett, and so is to continue vntill itt be halfe an hower day light in the morning, in all wch time none are to sleepe. These fines are to be payd into the severall plantions treasury.
      Itt was ordered, thatt the Deputy Governor shall give the Governor his oath.
      Itt was ordered thatt the Secretary shall have [_____] sallary, and the marshall 31b p anu.

[86] A COURT HELD ATT NEWHAVEN THE 5th OF APRILL 1644

JoHn Dillingham, Jonathan Rudd, Edmond Tooly, John Massam, John Hurndell, Mr. Auger, Lanclott Fuller, Will Wooden, Dauid Evance, for a drunken disorderly meeting at the prison on a Lords day att night, where they drunke 3 bottles of sack containing 3 quarts, and 2 quarts of strong water besides ; were fined every man, according to the quallity and aggravation of his offence, as followeth, John Dillingham and Jonathan Rud were fined 20s apeece, being the authers principally, Edmond Toly 10 s for fetching the wine, and John Massam for fetching the strong liquor, fined 10 s, John Hurndell, Mr. Auger, and Will Wooden, fined each man five s, and Lanclott Fuller and David Evance fined each 3s 4d apeece, because they were butt occasionally present wth the rest.
      Itt was ordered thatt Sergeant Beckley according to his desire, shall have liberty for this yeare to make a ware in the East River and thatt none shall take liberty to doe the like wthout license of ye court.
      Forasmuch as the whole estate of Thomas Trobridge of Newhaven is to be sequestred for the paymt of his debts, (he absenting himselfe, and takeing no course concering the same,) and his famyly to be disolved, Sergeant Geffrey and his wife being willing to take the children of the said Thomas Trobridge upon tearmes as followeth, thatt he may have 20 bushells of corne, a brass pott, and a bed for the children to lye upon, the Court ordered thatt the children should be putt to the said Sergeant Jeffrey upon the said tearmes ; provided thatt in case their father shall come over, or send to take order concerning them, thatt then he will referr himselfe to the Court to judg and determine whatt is equall for him to have for the keeping of them, & in the meane time he will take care thatt they be well educated and nurtured in the feare of God.

ATT A COURT HOLDEN THE I OF MAY 1644

Bro : Pery, being mar of a watch and willfully neglecting itt, was fined 40s.
      Math Row, for sitting downe to sleep when he should have stood sentinell, was fined 5s.
      Bro : Nicholls, bro : Gibbert. Rich : Web, Tho : Wheeler, Hen Lendall and Will Bassett, fined each man 1s for late coming on the Lords day wth their armes.

[87] A GENrll COURT HELD ATT NEWHAVEN THE 25 OF MAY 1644, ABOUT THE INDIANS

A letter from Mr. Ludlow was read in Court wherein he intimated thatt whereas an Englishman hath been cruely murdered of late by the Indians, (as he was travilling betwixt Stamforde and Vnkaway,) he had caused 7 Indians to be apprehended, hopeing thereby to procure the murderers, butt the Indians riseing in great companyes about theire towne doe putt the inhabitants thereoff in feare, and therefore he desired advice whatt to he should doe in the case. Wherevpon itt was ordered yt advice should be given him to detaine the Indians prisoners, wth intemation thatt if there be cause of help and they desire itt, men shall be sent veto them vpon the retourne of the messengers, and for thatt end thatt 20 men shall be putt in readynes forthwth, and fitt to send if need be upon a short warning.

A GENrll COURT HELD ATT NEWHAVEN THE 3 OF JUNE, 1644

A letter from Thirston Rayner, magistrate of Stamforde, being read. in the court, itt appeares, thatt a woman, of thatt towne hath of late beene cruelly wounded if nott murdered by an Indian, so thatt itt is thought thatt the Indians being so bolde and insolent are misceivously bent to begin a warr against the English, therefore, itt was ordered, thatt a speedy course be taken to finde out the murderer, and thatt the Governor, magistrates and deputyes, wth the captaine and leivetennant as a councell of warr, shall order all the martian affayres in this jurisdiction vntill the next court of election. [At Stamford an Indian came into a poor man's house, none being at home but the wife, and a child in the cradle, and taking up a lathing hammer as if he would have bought it, the woman stooping down to take her child out of the cradle, he struck her with the sharp edge upon the side of her head, wherewith she fell down, and then he gave her two cuts more which pierced into her brains, and so left her for dead, carrying away some clothes which lay at hand. This woman after a short time came to herself, and got out to a neighbours house, and told what had been done to her, and described the Indian by his person and clothes, etc. Whereupon many Indians of those parts were brought before her, and she charged one of them donfi'ently to be the man, whereupon he was put in prison with intent to have him put to death, but he escaped, and the woman recovered, but lost her senses. Say. Winth. 11. 188.]

ATT A COURT HELD ATT NEWHAVEN 5th OF JUNE, 1644

John Chapman being mar of a watch and neglecting itt, was fined 1Os.
      Mr. Gilberts man, being absent att his watch, was fined 5s.
      George Larrymor, for neglecting his watch, fined 7s 6d.
      Theophilus Higginson was complained off for keeping a dog wch hath trespassed divers of his neighbours, and he bath beene tolde of itt.
      A will and inventory of John Owens delivered into the court by John Hall, his executor.
      Itt was ordered thatt George Pardy shall dwell wth Francis Broone as his apprentice, for the tearme of 5 yeares from henceforwarde, dureing wch time the said Francis is to doe his endeuor to teach him the trade of a taylor.

[88] ATT A. GENrll COURT HELD ATT NEWHAVEN THE 23 of JUNE, 1644

Bro : Will Tompson and Henry Lendall, were admitted members of the court.
      The formes of two oathes were propounded to the Court to be taken the next second day in the morning, by all the inhabitants in this plantation, one of them is to be taken by all, and the other by the governor onely.
      A motion made on the behalfe of Goodman Smyth for a lott by the sea side, beyond the West River, was taken into consideration and referred to bro : Gibs, bro : Miles, bro : Ceely, bro : Clarke and bro : Peck, to see if itt may stand wth the conveniencie of the towne to grant itt.
      Itt was ordered thatt the night watches be carefully attended, and the warde of the Saboth dayes be dilligently observed, and yt every one of the trayned band bring their armes to the meeting every Lords day ; allso yt the great guns be putt in readynes for service ; allso yt the drum be beaten every morning by breake of the day, and att the setting of the sunne.
      Itt was ordered yt every Lords day 2 men shall goe wth every heard of cattell wth their acmes fitted for service vntill these dangers be ouer.
      Itt was ordered thatt the fearmes shall be freed from watching att the towne while there is need of watch att the farmes, provided thatt they keepe a dilligent watch there.

ATT A GENrll COURT HELD ATT NEWHAVEN; THE I OF JULY, 1644

The Governor tooke this oath as followeth,
      I Theophilus Eaton, being att a Genrll Colt in October last, chosen Governor wthin Newhaven Jurisdiction for a yeare then to ensue, and vntill a new Governor be chosen, do sweare by the great and dreadfull, name of the ever living God, to promove the publique good and peace of the same, according to the best of my skill, and will allso maintaine all the lawfull priviledges of this comon wealth, according to the fundamentall order and agreemt made for governmt in. this jurisdiction, and in like manner will endeuor thatt all wholsome lawes thatt are or shall be made by lawfull authority here established be duely executed, and will further the execution of justice according to the righteous rules of Gods worde, so help me God in or Lord Jesus Christ.

The Governor haveing allso received the oath of fidelity as followeth, I Theophilus Eaton, being by the providence of God an inhabitant wthin Newhaven Jurisdiction, doe acknowledge myselfe to be subject to the govermt thereof, and doe sweare by the great and dreadfull name of the ever living God, to be true and faithfull vnto the same, and doe submitt both my person and my whole estate therevnto, according to all the wholsome lawes and orders thatt for present are or hereafter shall be there made and established by lawfull authority, and thatt I will neither plott nor practise any evill agst the same, nor consent to any thatt shall so doe, butt will timely discover the same to lawfull authority here established, and thatt I will as I am in duety bounde, maintaine the honor of the same and off the lawfull magistrates thereoff, promoting the publique good of the same whilest I shall continue an inhabitant there. And whensoever I shall be duely called as a free burgesse, according to the fundamentall order and agreemt for governmt in this jurisdiction to give my vote or suffrage touching any matter wch concerneth this comon wealth, I will give itt as in my conscience I shall judge may conduce to the best good of the same wthout respect of persons, so help me God, d&c.
Then he gave itt to all those whose names are herevnder written,
Stephen Goodyeare
Thomas Gregson
Richard Mahon
John Evance
John Wakeman
Nath : Turner
Math : Gilbert
Thomas Fugill
Ezech : Cheevers
John Ponderson
Will Andrewes
John Chapman
John Clarke
Robt Ceely
Rich : Hull
John Mosse
Adam Nicholls
Abraham Bell
Joshuah Attwater
Tho : Kimberley
Tho : Jeffreyes
Will Thorpe
Francis Newman
Andrew Low
Tho : Mounson
Tho : Nash
Rich : Pery
Will Peck
John Gibbs
John Livermore
Nicho : Elsey
Antho : Tompson
John Vincent
Will Potter
Jasper Craine
Rich Miles
Roger Allen
Will Ives
Francis Browne
John Nash
Will Davis
Sam : Whitehead
John Brockett
Math Camfield
Tho : Lamson
Math : Mouthrop
Will Preston
Tho : Beamont
Marke Pearce
James Russell
Will Tompson
Henry Lendall
Robt Abbott
Will Gibbard
Will Bassett
Thomas Wheeler
Henry Browning
Benjamin Linge
Tho : Yale
Rich : Beckley
John Cowp
Jarvis Boykin
Robt Hill
Robt Johnson
Arther Halbidge
Edward Banister
Tymo : Forde
Mathias Hitchcok
James Clarke
Rich : Osborne
Edward Patteson
Geo : Smyth
Will Janes
Jerr : Whitnell
Tho : Morris
Benjamin Willmott
Tho : Powell
Peter Browne
John Tompson
John Tomas
Tho : Mitchell
Will Gibbons
John Hall
Luke Hitchcock
Rich : Newman
Tho : Knowles
Edward Chippfield
Steph : Medcalfe
Christo : Todd
Tho : Osborne
Robt Pig
Nath : Merryman
Sam : Higginson
Theoph : Higison
David Atwater
Rich : Mansfielde
Hen : Glover
Daniell Paule
John Wilforde
Hen : Peck
Will Russells
Will Fowler
Geo Larrymore
Robt Allen
John Caffins
Tho : Wheeler
Luke Atkinson
Thomas Lupton
Ephraim Penington
Allen Ball
Edward Parker
Lawrence Warde
Tho : Coefield
Johnath : Rudd
John Griffin
James Hewarde
Rich : Beach
David Evance
Robt Campion
Edward Watson
John Dillingham
Will Slow
John Hill
Ambrose Sutton
John Walker
Thomas Blakeley
Thomas Clark
Rich : Spery
Henry Morrill
Tho : Iles
Edmond Tooly
Jonathan Sergant
Tho : North
Robt Persons
Will White
Raiph (Ralph??) Lines
Robt Bassett
Roger Knap
Robt Mecar
Will Mecar
John Beach
John Hutchison
Joseph Peck
Tho : Robinson
Will Fancie
Rice : Edwards
Tho : Robinson junr
Mighell Palmer
Robt Lee
Will Holt
Tho : Barnes
Robt Emery
Robt Vsher
James Guillam
Ed : Campe
Phillip Leake
Abra : Doolittle
Will Ball
Nich : Baly
Rich : Harrison junr.
James Bell
John Linley
Isaack Mould
Joseph Alsop
Rich : Lambert
Edward Preston
Edward Newton
Will Bladen
Rich : Webb
John Mors
John Kimber
Joh : Seckett
Fran : Church
Hen : Gibbons
Will Paine
John Hurnde[ll]
Tho : Caffins
Isaak Beache[r]
Edward Hitch[cock]
John Massam
Geo : Duning.

August 5th 1644

Fran : Brewst[er]
Geo : Lamberton
Joh : Benham
Edw : Wigleswor[th]
Johnath : Marsh
Raiph Dighto[n?]
Mr. Bracie
Joh : Wakefi[eld]
Hen : Bishop
Will Bradley
Abra : Stolyon
Geo : Warde
Roger Betts
Nath : Burchall
Fran : Hall
Joh : Herrima[n]
Sam : Hoskins
Rich : Harrison[sen]
Nich : Auger
Sam : Willson
Peter Mallery
Joh : Hunter
Martin Titchin
Sam : Caffins
Will Toutle
Hen Ruderford
Joh : Bassett
Joh : Megs

[The following names in the handwriting of Francis Newman].
March the 7th 1647.
Samuell Ceffinch
Thomas Johnson
Mathew Rowe
Isacke Whithead
Richard Mordan
Joseph Gernsye
Edward Keylye
Richard Hubball
Job Halle
Henery Loynes
William Judson
James Bishope
Daniel Turner
Thomas Meekes
Henery Carter
John Childsye
Beniamen Hill
Joseph Nash
Thomas Beech
Henery Bristowe
John Winston
Robert Preston
Thomas Marshall
Thomas Dun
Joshua Griffen
Samuell Goodanhouse
John Tompson
Edward Watters
John Jones

The 2nd of Maye 1647

old Willmott
Samuel Marsh

The 18th of October 1648

at a court of magistrates.
Mr. Westerhouse.

Aprill 4th 1654

Mr. Samuell Eaton
Robert Talmage
Thomas Harrison
John Downe
Timothy Nash
Jeremiah How
Sam : Farres
Ephraim How
John Knight
John Johnson
Geo : Pardy
James Eaton
John Jackson
Jeremiah Osborn
Robert Clarke his man Thom Hogg
Edward Perkins
Andrew Hallaway
John Brookes
John Hudson
Thomas Trobridge
Jeremia Hull
John Potter
Richard Johnson
John Allen
John Baile
William Pringle
William Gibbs
John Benham junr.
Joseph Benham

May 2d 1654

Hen : Boutle
Sam Andrewes
Thom Hogg
Math : Molthrop jun.
Joseph Potter
Anthony Tompson
Ellis Mees
Hen Hummerston

22th May 1654

Will Willmott
Will Wooden
Richard Miles junr.
Daniell Hopper
John Tuttill

[In the handwriting of Francis Newman]

The names of persons that haue taken the oath of fidellitie are entered in fo: 89, and follow as hereafter, ye 7th 2d mo: 1657.

Mr. Bower
Mr. John Davenport jun.
Samuell Wakeman
Geo : Constable
Jonathan Tuttill
Jeremiah Johnson
John Lambert
John Davis
Anthony Ellcott
Willm : Chatterton
Tho : Tomlinson
Tho : Addams
John Walker
Sam : Ford
Benja : Bunill
Edmund Dormer
Sam Myles
John Browne
John Hull
Thom Weeden
Isack Hall
Daniell Bradley
Joseph Mansfeild
John Tompson
Humphery Spenning
Willm Tyler
Mr. Melyen
Jacob Melyen
Willm. Anderson
Richard Anderson
Stephen Daniell

[The following in the handwriting of Mr. Gibbard]
The first of May 1660

Thomas Huckly
Daniel Shearman
Moses Mansfeild
Richard Bowten
George Rawse
James Clarke junior
Jehiell Preston
Joseph Pecke
Nathaniel Boykin
Nathan Andrewes
Thomas Tuttle
Hackeliah Preston
Isaac Turner
Nathaniel Thorp
Eliazer Browne
Stephen Bradely
Zachariah How
Nahaniel How
John Hitchcock
Mathias Hithfeild
Cornelius Offhening

[In the handwriting of Thomas Fugill]

[90] Itt was ordered thatt the weekely traynings of the squadrons shall be renewed as before, every last day of the weeke, (except thatt weeke wherein the genrll trayning is, wch is to be every fift weeke, and that the olde orders be observed, wch was made the 6t of August 1642, concerning the trayning of ye squadrons.
      Liberty was given by the Court to begin an Artillary company, and to ad to themselves such as out of the trayned band or others being free, doe offer theselves to be of the Artillary, and to chuse their owne officers and settle their owne orders, so as they use the said liberty moderatly, nott intrenching upon the fundamentall agreemt of this Court, provided allso thatt they so order their traynings, thatt if any of the officers of the trayned band be of the Artillary, they may attend the squadrons traynings and yett not loose the opportunity of the Artillary meetings, and thatt all such as are accepted of the Artillary shall be freed from the squadrons traynings if they be nott officers of the trayned band.
      Itt was ordered, thatt if a trayning day prove rayny, the next second day after shall be for a genril trayning in stead thereof.
      John Clarke desired to lay downe his sergeants place, whereupon John Nash was chosen sergeant.
      Abraham Bell was chosen corporall in stead of John Nash.
      Joshuah Atwater desired to lay downe his clarks place, and thereupon Rich : Perry was chosen clarke of the trained band in his stead, and he freed from trayning in respect of his weakenes.
      Mr. Gregson and Mr. Wakeman propounded, thatt the land towards Mr. Goodyears farme and the plaine by the pine rock may be veiwed, to see if it will accomodate their quarters for their 2d division and sute the towns occasions allso.
      Mr. Gregson desired thatt he might have his 2d division by the Sollitary Cove, [Mr. Gregson was the first white settler of East Haven] and Mr. Hawkins by the sea towards Milforde.
      Captaine Turner, Mr. Malbon, Robt Ceely and Francis Newman were desired to veiw the said lands in question.
Itt was ordered thatt whatsoever pigs under 3 quarters of a yeare olde shall be found in the corne unyoaked, no fence being downe, the owners of them shall pay 6d apeece. This order to be in force no longer then till Indian harvest be inned.
      Itt was ordered, thatt Rich : Miles, Will Davis and Nicholas Elsey, shall see thatt all the measures in the towne be made according to the stander sent from the Bay. [It is thought fit and ordered that there be one and the same measure throughout all the plantations within these rnited Colonies, which is agreed to be Winchester measure, viz : eight gallons to the bushell. ' Rec. t. Coll. Sept., 1643. Hazard, ii. 10.]

A COURT THE 3d OF JULY, 1644

Will Andrews was warned to the Court about some defects in the meeting house, butt the prosecution of itt respited.
      Joh : Hall demand 31b due to him from Roger Knap in the right of his wife wch he did acknowledge, whereupon it was ordered, thatt he should paye the said 31b, only abateing 14s wch he hath done in worke for John Woollen, brother to the said John Halls wife.
      Edward Banister demaunded 4 1b of Goodman Bishop on the behalfe of Joh : Burrows, whereupon it was ordered, that the said Goodman Bishop shall putt in security to pay the mony into the Court the next Court, excep he can show cause to the contrary.

[91] ATT A GENrll COURT HELD THE 5th OF AUGUST, 1644

Forasmuch as there are certaine percells of meadow adjoyning to the skirts of ye upland in several parts of the neck, wch belongs to sundry planters in the towne and thatt meadow cannott be improved to the best advantage of the owners wthout being inclosed, the neck being now layd for a pasture of cattell, itt was therefore ordered, thatt in the towns behalfe the treasurer shall pay for one halfe of the fence thatt is or shall be made betwixt the said meadowes and the upland, wch fences being once made, they who owe the meadowes are to maintaine them ever after at their owne proper charge. And in case any pticular quarter or pson shall desire to fence their land in pp, before they begin they shall pay to the treasurer their proportion of the aforesaid genrll charge, as itt shall be then judged worth.
      Mr. Malbon, Mr. Lamberton, and Mr. Evance, having seriously considered the great damage wch this towne doth suffer many wayes, by reason of the flatts wch hinders vessells and boates from coming neare the towne when the tyde is anything low, did propound to the Court thatt if they will grant them 4 dayes worke for every man in the towne from 16 to 60 yeares olde, towards the digging of a channell, and lett them have the benifitt of a wharfe and warehouse, (wch they will build) upon such tearmes as shall be agreed betwixt themselves and a comittee, (whom they desired the Court then to chuse to treat wth them about itt,) they will digg a channell wch shall bring boates, (att least) to the end of the streete besides Will Prestons house, att any time of the tyde, except they meete wth some invincible difficulty wch may hinder their digging the channell so deepe-.-Whereupon itt was ordered, thatt they shall have the help propounded by them, (viz :) 4 dayes worke of every male in the towne from 16 yeares old to 60, those thatt cannott worke, to hyre others to worke in their stead, and those thatt can, to worke in their owne persons. And thatt Mr. Robt Newman, Mathew Gilbert, John Wakman, Will Gibbard, Jasp Craine, Will Andrewes, Anthony Tompson, and Robt Cecly as a comittee, wth the advice of the governor and magistrates to treate wth the said vndertakers, and agree upon such tearmes as may be equall and for the publique good, setting downe in writing whatt is done and expected on either pt.

Will Peek having butt halfe of a small loft to his houslott, whereby he is much straitened, desired 20 rod of ground over agst his house by the creeke, wch was granted wth this proviso, thatt, if the towne see cause to take itt from him for any publique vse, he shall relinquish itt, they paying him such charges as shall be judged just.
      Mr. Gregson desired thatt he might have his 2d division by the place called the solitary cove, wch was granted him.
      Itt was ordered thatt all the measures in the towne shall be fitted according to the new measure wch is brought from the Bay and appoynted to be the standard for all the collonyes, and marked wth a new marke NH, and those who are to doe itt are to have 4d for every bushell wch they so fitt and marke, 2d a peece for every halfe bushell, peck and halfe peck, and 2d also for every bushel wch the onely marke and doc noff cutt. The day appoynted for the said service is the 19th day of this moneth, att wch day every one thatt have measures to fitt are desired to bring them to the meeting house.
      Those who were desired to veiw the Beauer meadowes made retourn thatt they conceive itt will not be convenient for the towne to part wth itt.

[92] ATT A COURT HELD THE 7th OF AUGUST, 1644

Whereas complaynt was made by Thomas Nash of damage done in his corne to ye value of 9 bushells by hoggs in their quarter, itt was ordered, that the committee formrly appoynted, (viz :) Thomas Kimberly, John Chapman, Thomas Mounson and John Tompson, naylor, shall veiw the fences of the said quarter, and so fair as damage hath come by defective fences, they are to lay the charge of the said 9 bushells upon the several fences they finde defective, and if all cannott meete about the said veiw, then 3 of them may determine itt.
      Theophilus Higginson desired the Court to forbeare him till the next springe, aleadging thatt he is nott able to pay his fines till then, whereupon the Court granted his desire.
      Itt was ordered thatt all the fines shall be demaunded forthwth, and if any refuse to pay, the marshall is to Warne them to the Court.
Richard Newman, being warned to the Court for neglect of his watch, he nott appearing, itt was ordered, thatt if he come nott before the Court rise, be shall pay 1s fine for not appearing, and Is to him thatt watched in his steade.
      Richard Perry having beene formerly fined 40s for neglect of his watch, att his humble request for some moderation, the Court ordered thatt the should pay onely 15s.
      Will Andrewes, haveing undertaken to build and finish the meeting house, did lett out some part of the worke to Thomas Mounson, and Jervas Boykin, who putt itt off to Thomas Saule and Will Gibbons, wth the said Will Andrewes consent and approbation, provided they did itt well, butt in the issue itt was defectively done by the said Thomas Saule and Will Gibbons, and Thomas Mounson and Jarvas Boykin conceive they are discharged of their bargaine, butt Will Andrewes alleadged thatt he never discharged them of their covenant whereby they were bound to doe itt well and substantially, butt wth condicion, thatt they should see the said Thomas Saule and Will Gibbons pforme their bargaine wch was to make the roofs of the tower and turrett thite to keep out wett, butt because there was a defect of testimony on all sides, the Court advised them to consult together and doe itt amongst them so as the meeting house may be kept dry wthout delay.

ATT A GENrll COURT HELD THE 19th OF AUGUST 1644

Captaine Turner and Mr. Malbon were chosen Deputyes for the Genrll Court to be held for this jurisdiction about the tryall of an Indian, (called Busheage,) who is to be arrayned for murder. [For the murder of the woman at Stamford, ante p. 135. He was arrested and delivered to the English by Wuchebrough a Potatuck Indian. The record of the trial is lost, but Winthrop informs us that " the magistrates of New Haven, taking advice of the elders in those parts, and some here, did put him to death. The executioner would strike off his head with a falchion, but he had eight blows at it before he could effect it, and the Indian sat upright and stirred not all the time." Say. Winch. ii. 189. Rec. U. C. Sept. 16 &6.]
      Itt was ordered, thatt whosoever doth pass through a common gate or a gate into a common field and leans itt nott well shutt, shall pay 5s fine and beare all damage wch shall come by such their neglect. If children or servants shall doe itt, their parents or governors shall pay itt for them, butt the servants to beare itt out of their wages.
      Itt was ordered, thatt they of the watch who walk the last round shall call up the drumr an hower before day every morning to beate the drum.
      Itt was desired, thatt seeing Mr. Malbon is to be from home, thatt the other 3, (viz :) Captaine Turner, Leivtenant Seely and Antient Newman would perfect the veiw intrusted wth them the Ist of July last.
      The marshall is to cry all lost things wch are brought to him to keep, on the lecture dayes and faire dayes, and to have 1d for evey cry, of the partys who shall challeng the things cryed.
      Itt was ordered, thatt the next 5th day shall be a genrll trayning, and the next genrll trayning to hold notwthstauding.

[93] ATT A COURT HELD ATT NEWHAVEN THE 2d OF OCTOBER 1644

Roger Knap was discharged of his fine wch was sett upon his head for want of armes, because the Court was informed thatt his armes was burnt in Delaware Bay, and after he came hither he was afflicted wth sicknes and so poore thatt he was nott able to buy armes in due time, butt now he is furnished wth armes.
      Mrs. Stolyon demaund a debt of 31--8—6 of Goodman Chapman, butt Rout Seely testified thatt Mrs. Stolyon had given him a note of thatt debt among others, to be payd into the ship on her behalfe, and accordingly he accepted itt, and thatt the said John Chapman from thatt time became, debttor to the shipp, butt Mrs. Stolyon affirmed yt afterward she having payd all her part into the ship, and John Chapmans debt being yett unpayd, she desired Mr. Attwater, (who was then to receive the ships pay,) to left John Chapman know thatt now she expected the 31—8—6, should be payd into her owne hands, and to strike out his name out of the aforesaid note, wch Mr. Atwater affirmed upon oath he had done, and thatt John Chapman said to him then that he cared nott, for he had as leave pay itt to Mrs. Stolyon herselfe, whereupon itt was ordered, thatt John Chapman shall pay the 31—8—6 to Mrs. Stolyon.

ATT A GENrll COURT HELD THE 21th OF OCTOBER 1644

Thomas Lupton, Will Russells and Henry Glover were admitted members of the Court.
      Itt was ordered thatt the Secretary shall write to all the plantations in this jurisdiction to lett them know thatt att the Court of Elections consideration will be had of chuseing the comissionrs for the collonyes att the said Court by the vote of all the freemen, thatt accordingly their deputyes may come prepared.
      Mr. Mahon and Captaine Turner were chosen Deputyes for the Genrll Court next ensuing.
      Mr. Malbon Mr. Lamberton, Mr. Evance and Mr. Wakeman were chosen Deputyes for the next ensuing halfe yeare.
      Mr. Malbon was chosen Treasurer for this ensuing yeare.
      Tho : Fugill was chosen Secretary for this ensuing yeare.
      Tho : Kimberly was chosen Marshall for this ensuing yeare.
      After some serious debate about the turning of the Mill River, Mr. Goodyeare, Mr. Turner, Mr. Malbon and Mr. Wakeman were chosen comittees and desired by the Cort to take unto them such workmen as have skill and veiw the said River, exactly to see whatt advantages or disadvantages they can discerne well may either incourage or discourage the worke, and allso to veiw the bridge ouer the Mill River and report to the Court whatt they discerne or conceive is most meet to be done concerning the prmises.
      The Treasurer desired, thatt every one to whom the towne is indebted would bring in their accounts, and thatt all those thatt have alienated any land would enter itt, thatt the treasurers booke may be perfected.
      Goodmn Smyth of Stratforde desired thatt he may have 30 or 40 acres of upland and 10 acres of meadow granted him for the comfortable keeping of sheepe about the Oyster River, whereupon itt was ordered that those who are intrusted in the townes occasions for disposeing of lotts, shall consider of the said pposition, and order itt as they see cause.
      Richard Miles, Jasper Craine, Anthony Tompson and Francis Newman were chosen to be constant survayers, (untill others be chosen instead of them,) of all the comon high wayes aboute the towne and the bridges allso, and if need be, to press men & carts for the repair of all such defects as they shall finde from time to time, and the charge to be borne by the towne.
      [94] Whereas divers trespasses have beene comitted by those of the suburbs in Mr. Lambertons quarter, by the driving of hoggs to the Oyster poynt and haunting them there. Mr. Lamberton desired to know the judgmt of the Court, whether itt be meete for them to haunt their hoggs there, seeing for want of foode they will unavoydably trespass, whereupon a comittee was chosen to veiw the matter in questio, and to report to the Court how they finde itt. Mr. Malbon and Mr. Gilbert for the suburbs, and Mr. Gibbard and Richard Miles for Mr. Lambertons quarter.

[A General Court for the jurisdiction was held Oct. 30, 1644, as appears from the date of the appointment of Commissioners, and probably at the same time the jurisdiction resolved upon taking measures to procure a patent from the Parliament.]

ATT A COURT HELD THE 6t OF NOVEMB. 1644

Henry Humerston, for creeping into Captaine Turners house att a window in a felonious manner in the time of the publique meeting on the Lords day, was sentenced to be whipped.
      Mathew Caulfield, for neglect of his watch, was fined 10 s.
      Thomas Nash desired satisfaction for 12 bushells of corne damage done in his corne, by reason of defective fences ptly, and partly the nott setting up of the fence in due time according to agreemnt ; whereupon itt was ordered thatt the quarter shall beare the damage of (_____) bushells, because the fence belonging to the towne was nott sett up in time, and the other (_____) bushells to be borne by those perticular fences wch upon veiw was found defective.

ATT A GENrll COURT HELD THE 11th OF NOVEMB: 1644

The proposition for the releife of poore schollars att the colledge att Cambridg was fully approved off, and thereupon itt was ordered, thatt Josuall Attwater and William Davis shall receive of every one in this plantatiu whose hart is willing to contribute thereunto, a peck of wheat or the vallue of itt.
      Whereas the Genrll Court for this jurisdiction did see cause to putt forth their best endeuors to procure a Pattent from the Parliament, as judging itt a fitt season now for thatt end, and therefore desired Mr. Gregson to undertake the voyage and busines and agreed to furnish him wth 200 1b in this jurisdiction, of wch, in proportion to the other plantations, Newhaven is to pay 110 1b in good marchantable beaver, itt was thereupon ordered, thatt the said 110 1b shalbe procured at the charge of the towns treasury, vpon such tearmes as itt may, and the town to stand to the tearmes and beare the damage thatt may come thereby.
      The comittee thatt were appoynted to veiw the land for Mr. Gregsons and Mr. Wakemans quarters, reported, thatt they found much land wch they conceive is good, butt what quantity they cannot judge, and therefore desired thatt a comittee may be now appoynted to veiw and survay the land yt yett is unlayd out, to see if it be such land for quallity as hath beene laid out to other quarters for their 2d division, and allso wt quantity there is of it. Mr. Malbon, Mr. Francis Newman, Anthony Tompson and Leivtenant Seely were appoynted for the said veiw.
      Vpon complaint made by some of the planters of Totokett, thatt the Mohegin Indians have done much damage to them by setting their traps in the walke of their cattell, itt was ordered, that the marshall shall goe wth Thomas Whitway to warn Vncus or his brother or else Foxen to come and speake wth the Governor and the magistrates.

[95] Itt was propounded thatt, (because many men thatt come and appeare att the Genrll Courts when their names are called over, goe away before the Court rise,) the order for appearance att Genrll Courts under a penalty be read att the next Genrll Court, thatt itt may be altered if there be cause.
      Itt was propound thatt att the next Genrll Court, survayers may be chosen for every quarter to veiw the fences belong to their severall quarters, and where they finde any defective, to acquaint the owners, and if the defect be nott mended by a day appoynted, the survayers to gett itt done and the owners to beare the charge wth some fine.
      Itt was allso propounded thatt a comittee may be appoynted to veiw all the orders thatt are of a lasting nature, thatt such as are defective may be mended and presented to the Court to be confirmed.

A COURT HELD ATT NEWHAVEN THE 4th OF DECEMBER, 1644

John Gibs and William Gibbard were fined each of them 10s for neglecting their watch, they being mars of the watch.

A COURT HELD ATT NEWHAVEN THE 2d OF JANUARY, 1644

Whereas some goods belonging to Mr. Pike of Vncaway, in the hands of Tho : Robinson of this towne have beene attatched by warrant from Mr. Gregson att the sute of John Livermore of this towne allso, who desired the judgmt of the Court, whereupon itt was ordered, thatt Thomas Robinson shall keep somuch of the said goods in his hands as will satisfie the just demaunds of the said John Livermore.
      John Dillingham and Thomas North, for totall absence att traying, fined each man 2s 6d.
      Whereas there was a difference betweene Mr. Evance and John Tompson, nailer, about the price of 2 heifers wch the said John Tompson bought of Mr. Evans, itt was agreed betweene them in the Courtt, thatt Mr. Evans should have his heifers againe.
      Forasmuch as itt appeared to the Court, thatt Mr. Leach bath brought some bricks from the brickills in the plains wch did belong to Mr. Gregson, itt was ordered thatt Mr. Leach shall pay Mr. Gregson for them.
      Mr. Evance desired the judgmt of the Court concerning a debt of 61b 15s, wch he demaund of Edward Chipperfield who had put him of wth excuses, and did alledge it should have beene payd out of a kill of bricks wch was to be devided betwist Steven Medcalfe, John Medcalfe and himselfe, butt upon examination, itt appeared thatt there were not so many bricks due to him of the said kill full as would satisfie Mr. Evance his debt.
      Andrewes allso desired a debt of 51b due to Will Hard ing from the said Chipperfield, who having nothing wherewth to pay either the one or the other, said he would referr himselfe to the Court.
      Tho Blacksley, because of his poverty, had part of his fine remitted, (viz) 6s 8d.
      Nathan Burchell his fines for defects remitted hitherto, provided thatt he gett armes and attend trayings duely for time to come.
All yt have beene fined for not bringing their armes to the publique worsp remitted hitherto.
      Bro : Abbott demaunded satisfaction of Mr. Lamberton for damage done by his hogs in the Oyster shell field, butt respited.
Robs Parsons desired his fine might be remitted, but the Court see no cause why.

[96]ATT A COURT HELD ATT NEWHAVEN THE 5th OF FEB: 1644

Whereas certaine goods belonging to Mr. Lewis of London have beene attatched in the hands of William Andrewes att the sute of Thomas Stevenson of Yenicott, Mr. Priden as his attournay required judgmt upon the said goods. The Court understanding that the said Stevenson solde and delivered to Mr. Lewis aforesaid a boat att Virgenia valued att 8 lb. Thatt the said Lewis did promiss in lew thereof thatt the said Stevenson should have a mare of his wch was then in the hands of Mr. Russells of Charlestowne in the Massacusetts, butt when the said mare was demaunded, the said Mr. Russells said he had sould her for fower pounds, whereupon itt was ordered, thatt the said Andrewes shall pay unto the said Mr. Priden the sum of 41b wch was the price of the mare when shee was solde, and the remainder of the said goods in the hands of Will Andrewes belonging to Mr. Lewis shall rest there as attatched till the Court dispose otherwise of or concerning, them.
      William Tompson demaunded satisfactio of Mr. Gregson for, damage done in his corne by his hogs, itt being evidenced in the Court thatt the fences of Goodman Banister, Edward Patteson and John Charles were defective att the same time when his hogs did the damage, itt was ordered, thatt they should beare the damage according to their different ,just pportions, (viz) Edward Banister 3 bushells, and the other 2 each of them one bushell and a halfe.

Thomas Moulenor senr, and Thomas Moulenor his son, being charged wth sundry miscarryages and breach of peace but nott issued, itt was referred to another Court and in the meane time itt was ordered, thatt they shall both enter into into a recognisance of each man 100 1b to keep the publique peace and be of the good behavior towards all people and especially towards the inhabitants of Totokett.
      Arthur Halbridge, having beene formerly charged by Mr. Browning for stealing from him a bushell of corne to the vallue of 4s, and a shirt or frock to the value of 1s, wch he att first denyed wth cursing himselfe butt now confessed the fact, and was sentenced to be whipped and to make two fould restitution to Mr. Browning, and to beare all the charges wch have beene caused by him.
      Richard Lambert, having beene formrly convicted and sensured for sundry miscarriages in was of unrightousues, now made an acknowledgmt of his guilt in the court, thinking thereby to give satisfaction, who showed themselves willing to take satisfaction , butt yett advised him to be carefull to make his peace wth God, and seeke to gett that bitter roote, (whence such evill frutes did spring,) that a refoimation of those evills may appeare in his conversation.

A COURT HELD THE 6th OF MARCH 1644

Mathew Crowders fine remitted upon Mr. Brownings testimony thatt his was sick att thatt training from wch he was absent.
John Walkers fine was was remitted bec : he was lame.
      Robs Parsons fine respited till May or June.

[97] ATT A GENrll COURT HELD ATT NEWHAVEN THE 24 OF FEB. 1644

Jer. Whitnell, Thomas James, Robt Martin, John Gregory and John Meggs were admitted members of the Court.
      Itt was ordered thatt if any members of the Court shall depart from the Genrll Courts wthout licence after their names be called, they shall pay each man 1s 6d fine, and if any planter shall depart wthout licence while the Court sitts, lie shall pay one shilling fine.
      Whereas the plantation hath beene much exercised wth hoggs distroying of corne, the Court tooke itt into serious consideration how they might prevent the like damage for time to come, and after much debate itt was ordered, thatt a comitte shall be chosen in every quarter to veiw the comon fences and fences belonging to every quarter, some one day in the first weeke in every moneth, from the first of March next unto yt day 12 moneths, and observe diligently whose fences are defective and acquant the owners therewth, calling upon them to gett them mended, and to lett them know thatt they are to make good all the damage wch shall be done wthin thatt fence till theirs be mended if none other be found defective besides; and they whose fences are defective shall pay the said veiwers for their expense of time about the said veiw, butt if no fences be defective, their the whole quarter shall pay them. And the said veiwers are to acquaint every famyly in their said saverall quarters, or every pson that hath any part in the fences wch they are to veiw, what day they intend their first veiw that every said owner may go or send one wth them to marke their owne fences att both ends, that the veiwers may afterwards exactly know wch is every mans fence, and if any man upon notice so given shall neglect to goe or send aforesaid, be shall pay 2s fine. And if the veiwers shall neglect to veiw att the times appoynted, or shall neglect to observe exactly the defects, or shall neglect to give due notice as aforesaid, each man shall pay 5s fine for every default as aforesaid. Moreover if any fences belonging to the towne, (and once accepted as good by the treasurer,) be found defective, the veiwers shall gett them mended, and if they cannott otherwise gett workmen they shall have power to press men to mend them, and the treasurer shall pay them.

Itt was allso ordered, thatt if any mans corne be damaged by cattell or hoggs, he may pound them if he finde the beasts yt have done the damage and cannott finde where they gott in or at whose fence, he may goe to the veiwers appoynted for thatt quarter where the damage was done, and gett them to veiw the fences, and he or they whose fences they finde defective shall beare the damage and pay the veiwers for their expence of time if they he called to veiw extraordinaryly.
      Jasper Craine and William Touttle for Mr. Davenports quarter, John Caffins and Jarvas Boykin for Mr. Newmans quarter and Mr. Brownings, Robt Johnson and Thomas Powell for the Yorkshire quarter, Will Fowler and Henry Glover for Mr. Wakemans quarter, Rich : Miles and William Davis for Mr. Gregsons quarter, Rich : Hull and Nicholas Elsey for Mr. Lambertons quarter, Will Ives and Edward Banister for the suburbs, Thomas Mounson and Robt Pigge for the Oystershell field, Rich : Mansfield and David Atwater for the farmes, and Francis Browne and John Vincent for the plaines.
      The Court desired the magistrates together wth the deputies to veiw all those orders wch are of a lasting nature, and where they are defective, to mend them and then lett them be read in the Court thatt the Court may confirme or alter them as they see cause.
      Whereas much disorder lath beene done by some in cutting downe trees in the compon wthin the 2 miles contrary to order, the Court required Anthony Tompson and John Clarke to enquire who they are that have transgressed thatt order, and to take notice who doe hereafter transgress in like kinde vntill some other be chosen in their stead.
      Itt was ordered, thatt all men shall duely pay their rates to the treasurer, or to those whome he shall appoynt to receive them wthout putting him of to others, and that all those who have alienated land shall pay the rates for itt themselves until it be entered in the Court booke according to order.
      Itt was ordered, thatt all those of the squadrons wch in their course doe bring their arms on the Lords dayes to the meeting, shall bring them to the meeting the lecture day imediatly before, so many of them as doe come to the lecture.
      The Governor desired thatt all meanes might be used to pfect souldiers in the military art, and thatt the genrll trainings and squadrons, wth an artillary allso may be incouraged and improved to thatt end, and wished thatt all those thatt are free and willing, would goe to the leivtennant and sergeants and enter their names to be of an artillary, who, when they are approved, shall be exempted from the squadron traynings.
      Mr. Pearc desired the plantation to take notice, thatt if any will send their childr. to him, he will instruckt them in writing or arethmatick.
      Robt Abbott and Will Paine desired that their land might be layd out on the East side, in such a forme as may be convenient for them to fence itt and improve itt. Jasper Craine and Will Touttle were desired to veiw it and consider how itt may be layd out to sute the townes occasions and their conveniences.
      Jasper Craine was freed from watching and trayning in his owne person, because of his weaknes, butt to finde one to watch in his stead when his turne comes.
      Goodmn Goldam freed from watching and trayning in his owne person in like manner in regard of his weaknes, onely he is to finde a man to watch for him when his turne comes if his estate will beare itt.

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