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.

[Transcribed by Coralynn Brown]


[Transcriber's note: The calendar yr began in March].

Will Fowler, Tho : Mitchell and Phillipp Leake were admitted members of the Court.
      Mr. Malbon was chosen Treasurer.
      Mr. Malbon, Mr. Evance, Mr. Gibbard and Mr. Francis Newman were chosen deputies for the halfe yeare next ensuing.
      Captaine Turner and Mr. Malbone were chosen Deputies for the Jurisdiction Court.
      Elder Newman exempted from attending att the Gerll Courts by reason of his many occasions.
      Itt was ordered thatt Jasper Craine and Robt Ceely before the next second day, shall veiw all the cannows belonging to the English about this towne, and marke y wth the townes marke all such wch they shall approve as fitt for the English to vse, and thatt no person or persons in this plantation or belonging to itt shall lend or vse any cannow thatt is nott so marked by the psons aforesaid, under the penalty of 20s fine for every default.
      Itt was ordered thatt no pson or psons shall kindle a fire to burne leaves, straw, cornestalks or any kinde of rubbish either in gardens or houslotts in or about this towne under the penalty of 2 1b fine.
      Itt was ordered thatt no man shall putt any cattell into the neck from this day foreward above his pportion, under the penalty of 6d a weeke for every head, according to the intent of a formr order in that case mad 16th of Jan : 1642. And thatt before any man putt any cattell into the neck, he shall give notice to the governor whom the Court desired to take the paines to cast up whatt every mans proportion is, when he knows in whose right they come.
      Elder Newman and Captaine Turur are desired to see the fence belonging to the neck well done and a gate towards the fumes, old Bassett and his son were desired to doe itt.
      Itt was ordered thatt no cattell shall be putt into the neck att the spring, untill the first of May.
      Itt was ordered thatt the drums belonging to the towne shall be putt in good repaire att the townes charge, and Steven Medcalfe and Robt Bassett shall have 8 lb betwixt them, for wch they shall attend all the townes occasions as comon drumrs for the towne till this time 12 moneths, and maintaine the drums att their owne charge in good plight, and leave them so att the end of the tearme.
      Itt was ordered thatt the treasurer shall pay Steven, Medcalfe 20s for the service he did the last winter extraordinary.
      These following officers and orders of the Artillary company were prsented to the court and confirmed by the court, leaving the sett time of trayings to the company themselves to order as they shall see cause.
      Mr. Malbon Captaine, Leivtent Ceely, Leivetent Francis Newmian, Standard bearer Will Andrews, Tho : Mounson, Tho : Jeffrey and John Nash Sergeants.


1 Thatt the company from time to time chuse their officers from among themselves, as captaine, leivtennant, ensigne, sergeants and others necessary for service, and thatt upon such choyce they yearly prsent them to the Genril Court for Newhaven for approbation & confirmation.
      Thatt every man offering himselfe to this company be either free and att his owne disposeing for such a service, or if a servant and ingaged to any other, thatt he bring a certificate or other satisfying testimony of his mars consent thatt his way may be cleared before he be admitted to exercise.
      Thatt every member of this company att his first entrance pay the sum of 18d for and towards the raising of a small stock for the necessary uses of the company, to be payd in to the treasurer or Clarke appoynted by the company for thatt purpose.
      Thatt once a (_____) upon the 4th day of the weeke after the lecture is ended, this company exercise themselves in a military way for increase of their skill and activity against times of service. And for this exercise the first drum to beate att the going out from the lecture, and the second drum one hower after, and thatt att every such exercise every one of the company be present upon the markett place and answere att the call of his name and bring wth him his muskett and all other armes appoynted for the said exercise.
      Thatt whosoever of them cometh late or nott compleatly armed, on any of these dayes of exercise, shall pay 6d for a fine, and for totall absence 12d, and thatt the offendors being first demaunded, duely pay these fines before or att the 2d exercise next after the forfeiture.
      Thatt every one of this company purposely coming to any Genrll or perticular Court, or to the ordinances att any publique meeting, whether on the Lords dayes, lecture dayes, dayes of solleme fasting or thanksgiving, shall carry and weare his sword by his side, under the penalty of 3d for every such omission and default if he give not a sufficient reason to the satisfaction of the company.
      Thatt if any member of this body fined by the major pt of this company for any default before mentioned be not satisfied concerning the same, he may offer the consideratio of his offence and fine to the company, to the next perticular court, (upon due notice by him given to the company,) who shall Beare and determine betwixt the company and him according to their light in referrence to the forgoing orders.
      Thatt the stock of this company whether arising from entrance mony, fines, mony given, or any other way, shall from time to time be disposed off by the consent of the major part of the company att some meeting, and nott other wise.
      Thatt every member of this company, (according to his place and estate,) come to these exercises in decent apparrell, thatt all excess, all contentious, provoking, sinfull carryage in speech, gestures and actions be avoyded, butt if any offend, upon complante, the perticular court to examine, censure and reforme as they shall judge meete.
      Lastly for their further incouragmt, itt is granted and ordered thatt all the members of this company duely attending the gearll traynings be freed from the perticular squadron meetings and traynings wherein the rest of the towne are exercised by the sergeants.

Whereas, by reason of the artilary, the squadrons will be small, itt was ordered thatt 2 companyes shall be joyned into one, of the sergeants in their course shall exercise them one in every 2 weekes.
      Itt was ordered thatt the markett place shall be cleared forthwth, and the wood to be carryed to the watch house there to be piled, and thatt the busines may be effected, the care of itt is comitted to the 4 sergants.
      Itt was ordered thatt if any mans goates shall be found out of his owne ground wthout a keeper after this weeke, he I shall pay 6d a head.
      James Russells, by reason of his lame thumb, was excused from bringing his muskett on the Lords dayes and other dayes of publique sollemn worsp.
      [100] Mr. Davenport having a desire to remove his fence from thatt side of his lott towards the clay pitts way to the other side of his lott towards the mill highway, requested thatt he might have liberty to fence up the way to the clay pitts and he will make a gate, sett a lock upon itt and leave the key att John Coopers house, wch being considered by the court they granted his request.
      Itt was ordered thatt from hence forward the monthly court shall be kept on the 3d day of the weeke.
      Phillip Leake was chosen corporall instead of Abraham Bell.
      Itt was ordered thatt a chist shall be made forthwth to putt the pikes in, to keepe them from warping, wch Thomas Mounsou and the rest of the officers undertooke to see done.
      Itt was ordered thatt those thatt live att the farms shall bring or send their armes to be veiwed on such dayes as are appoynted, and they all attend the genril traynings except one man att every farme.
      Itt was left to the Governor and Captaine Turner to order and appoynt the generl trainings so as may be most for the common good of the plantatio in respect of hay time and harvest.


Mr. Malbon required satisfaction of Mr. Caffins for damage done in his corne att seurall times, once by his swine, and another time by his cattell, wch was valued att 8 bush:s each time, butt Mr. Caffins aleadged thatt the damage came by defect of their owne fence wch was nott made up bettweene the clay pitts and their corne. The case being something darke, wth consent of both parties, it was referred to John Wakeman, Rich : Miles and Jasper Craine to veiw and arbitrate & determine, or else to report to the court how they finde itt.
      Robt Ceely was desired to advise wth some thatt have skill in leather to gett whatt light they can agst the next court, thatt some course may be taken if itt may be to moderate the price of leather and shooes.
      John Meggs accused Captaine Turner, Tho : Pell and Tho : Robinson of extortion or vnrighteousnes in the prices of leather wch they sould to him, butt being nott prepared to make proofe of whatt he had charged them wth, the proceeding was respited vntill the next court.
      Captaine Turner having received eighteene pounds and eighteene shillings of Mrs. Higginsons estate, and John Wakeman fifteene pounds allso of the said estate, have both severally ingaged their their houses and lands att Newhaven unto the court of Newhaven for the true paymt thereof in current country pay att the full end and tearme of 5 yeares from October last past, together wth 3s att every pound for consideration of the said mony.
      John Walker desired satisfaction for damage done in his corne by hoggs wch Thomas Morris testified was 12 bushells, whereupon it was ordered that the defective fences shall make itt good.
      The marshall was required to warne their quarter to gett the defective fences mended, and the treasurer is to pay for thatt wch belongs to the towne.
      Mr. Leach having cutt shingles in the woodes contrary to order, desired to know the minde of the court, whether or noe he may have them, itt was ordered thatt he shall, if he will make vse of them referring himselfe to the court for the price of the shingles and his disorder in getting them wthout license.

[101]A COURT HELD THE 6t OF MAY 1645

Obadiah Southwood being apprentice to Goodman Tainter for runing away from his said mar, and being convicted for a notorious lyar, was sentenced to be seveerly whipped.
      Concerning the defference betweene Mr. Browning and John Moss, they were desired to cleare mistakes betweene them about the diffective fences in the oyster shell field wch concernes them, wch the veiwers have given them warning of 3 times, and yett the are nott mended.
      Itt was ordered thatt they whose fences in the oyster shell field are defective, or were found to be so upon reiw, shall pay the veiwers for their loss of time as well in attending the court as in veiwing, because the did nott gett their fences mended according as they were advised (viz) Mr. Browning, (_____) Abbott, Mathew Moulthrop, Goodman Pigg and John Moss.
      Thomas Barnes required satisfaction of Raiph Dighton for a cow of his well perished as he conceives through his sons neglect who kept the heard thatt day, butt Ralph Dighton alleadged thatt a cow of thatt heard being swamped, his son came home to the towne to gett help, and left his partner wtli the cow in the interim, and before they had gott the cow out of the swamp itt was night and the heard was coming home, and they nott knowing of any dangerous place betwixt the bridge and the place where the cattell used to come over, did nott conceive itt necessary to follow the cattell, butt came over the bridge, and though they came on the other side of the river over against the place where his cow was afterwards found perished wth her foote in a hole betwixt the banck and the roote of a tree, yett they did neither heare nor see her. Itt was testified by others that there was noe knowen place of danger in thatt place before menconed. The judgmt of the Court was thatt itt was an afflicting providence of God wch the said Barnes was to beare hiinselfe, and that the boy was innocent in the case.
      Robt Johnson for a defective gunstock was fined 1s and charged to gett itt mended.


The difference betwixt Captaine Turner and John Hill concerning a bull wch the Captaine conceived did dye by the default of the said John Hill in working him contrary to his mars express comaund, was referred by consent of both ptyes to John Wakeman and Mr. Robert Newman to arbitrate and determine if it may be, or else to report to the Court how they finde itt.
      John Meggs having formrly charged Captaine Turner, Thomas Pell and Tho : Robinson wth extortion or sinfull vnrightousnes, and nott being able to make good the said charge agst them, did now acknowledg his error, wch acknowledgmt was accepted as satisfaction, onely he was sentensed to pay 1s fine for nott appearing att the last court, and to pay the charges of those who had attended 3 courts together by his meanes.
      James Till for stealing 2 fadd : of black wampom, and one fadd : of white from Laurence Turner, into whose company he intruded himselfe under pretence of frendship, was sentenced to be whipped and to make 2 folde restitution to the said Laurence for what he hath stolen.
      The difference betweene Mr. Goodyeare and John England, by consent of both ptyes, was referred to Mr. Robt Newman and Mr. Gilbert to arbitrate. and determine if it may be, or to make report to the Court how they finde it.
      Edward (_____) Mr. Gilberts man, desired the judgmt of the court whether his mar can force him to serve any longer, he having nothing to show in writing, itt was answered that he must stay wth his mar one yeare more, and in the. meane time, both he and his mar may write to his friends for both their satisfaction, and if he doe serve a yeare longer the he should have done, then his mar is to pay him for his last yeares service.
      An account was delivered into the court by Mr. Craine concering Mr. Roe and ordered in case itt be questioned it is to be tryed in a Court of Magistrates.
      Andrew Low, for late coming to watch, fined 2s, and Geo. Larrimor and Goodman Harrison fined each of them 1s for the same.
      Tho : Caffins fined 6d apeece for his goates pounding.
      Rich: Webb promised to pay into Josuah Attwater 33s wch he demaunded of him as due to the shipp.
      Fifty shillings of Steven Medealfe's in the hands of Peter Browne is attatched by Mr. Gregson for a debt of the said Stevens.


Those who have the small lofts propounded their want of meadow to the serious consideration of the court, desireing that the court would grant them the meadowes called the Beaver meadowes and they will endevor to improve them, and if they can so improve them as to make them comodious for their vse they will be content to pay rates backward and forward in a moderate way as shall be judged equall, butt if nott they will retourne the said meadows into the hands of the towne.
      Leivtenant Seely and Jer Witnell complained thatt their meadowes are so bad as that they are altogether unserviceable to them and cannott be improved, and therefore desired the court to take their case also into serious consideration.
      The Court seriously considering and debateing the said propositions, declared themselves willing to attend the necessityes of the partyes aforesaid and others whose meadowes by charge cannott be improved, and therefore ordered that Jasper Craine, Marke Pearce, John Clarke and Henry Lendall shall veiw the said meadowes in referrence to the aforesaid ppositions and make report to the Governor and the rest of the Court, (whatt they conceive concerning them,) who shall have have power upon the retourne of the said veiw to dispose of the said meadowes, to lay out proportions and to settle rates according to each mans different and several considerations interessed in the aforesaid propositions as they in their wisdome shall see cause.

Francis Browne moved in the court thatt if he may have a little house or shade made att the water side to worke in and competent allowance for his paines, and if itt may be, some land in the Oyster-shell field to plant, he will keep a ferry boate to carry people over the East River, and thatt he will attend itt every day from the rising of the sun to the going dowse of the same in an ordenary course till 12 moneths be expired from the date here-of, exceptinge Saboth dayes and other times of solemne publique worp of God. Whereupon. itt was ordered that he shall 2d apeece if there be not above 3. If there be above 3 and not above 6 he shall have 3 ob a peese, and if above 6 he shall have butt l d a head for their fare. Itt was allso ordered thatt if any English man shall transport any person or persons in any other boate or cannow in the ferryes way, he shall pay to the ferryman 1d a head for every person so transported by him, provided notwithstanding, that if any planter in this towne have a boate or cannow of his owne he may make vse thereof to transport himselfe, famyly or worke folkes to and againe, (as their busines or occasions require) wthout offence. Note allso that the farmers on the East side are left free either to vse their owne cannowes or boates, or to agree wth the ferryman as they can when they have need. The Court desired the Governor wth the magistrates and deputies to take care thatt a shade or little house be made as aforesaid, and that the ferryman may be accomodated wth 2 or 3 acres of land convenient for him in the Oyster shell field if it may be.
      Whereas much damage hath beene done to timber in the comon by getting barke for dying and tanning, itt was therefore ordered thatt Sergeant Andrewes, Sergeant Jeffreyes & Sergeant Mounson, wth Corporall Whitehead shall consider where the dyers and tanners may gett their barke for time to come wth least damage to the publique and that from hence-forward if any shall gett barke in the comons wthout their contrary to their appoyntment, they shall be pinished att the discretion of the Court.
      Whereas the court did desire the Governor and the captaine to consider and order the traynings so as may sute best wth the townes occasions, wch accordingly they have ordered as followeth the first Munday in March to traine and view armes, the last Munday in April & the last Munday in May to traine, the third Munday in June to trayne and veiw armes, the last Munday in September to traine and veiw armes, the first and last Mundyes in October to trayne, the second Munday in. November to traine and veiw armes, wch dayes were approved and confirmed by the court.
      Itt was ordered that if any person or persons, whether directly or indirectly, in this towne shall sell wine by retayle of quarts or pintes or the like, after 14 dayes next ensueing be expired, wthout license, he or they shall be punished att the discretion of the court.
      Andrewes licensed to draw wine and to sell by retayle.
      Vpon a motion made by William Andrewes for some convenient place to putt straingers horses in, itt was ordered thatt the said. William Andrewes shall have liberty to fence in 20 acres of land att the hither end of the plaines joyning unto Francis Newmans lott, and if dye or leave the ordinary, the land shall goe to the ordinary still for the vse aforesaide, onely his charges are to be allowed by him thatt shall succeede, thatt he or be no looser when he leaves itt if the hyre he receives doe nott pay him in the interim.

[103] Itt was ordered thatt a standard of weights and measures shall be made forthwth, and thatt every one in the towne who have weights and measures wch they intend to buy or sell by, shall bring them to the meeting house this day fort-night night att 8 a clock, and Rich: Miles, Josuah Attwater and Nicholas Elsey shall fitt and marke them by the standard and goe to the houses of those who have great weights wch cannott wth conveniencie be brought to the meeting, and what time the spend in the aforesaid service, the treasurer, is to pay them. And if any person or persons shall after the aforesaid shall sell by any weight or measure not so marked as aforesaid, he or they shall be punished aft the discretion of the Court.
      Whereas some have taken offence att the shepheards keeping his sheep and making a penne for them towards the Oyster river thinking they were wronged by itt, butt the order of Court the 21 of October 1644 being read, itt appeared thatt nothing was done butt by order of Court.
      Itt was ppounded thatt another ordinary might be sett up towards the water side, butt none was found fitt for the present, only itt was left wth John Livermore to consider off if he can be free & fitt to undertake itt.
      Itt was propounded thatt every souldier in the band may have a yeard of canvis for such vse as the captaine shall appoynt. Itt was allso propounded thatt a marke may be sett up in some convenient place for the company to shout att for some priz.
      Whereas the place where John Benham now makes bricks is wthin the compass of Mr. Eatons farme, and noe way to itt butt butt by water except through his ground, wch nevertheless hitherto he hath nott beene debarred of, but of late brother Benham having a purpose to inclose some ground there, the Governor Mr. Eaton lett him know itt would nott be convenient for him to have a farme wthin his farme, whereupon the said John Benham propounded to the Court where he shall make bricks, butt nothing was determined concerning.
      Itt was ordered thatt a chist be made for the pikes and the great guns putt in readynes for wth, according to a former order.


Whereas itt doth appeare there is need of sending forth some souldiers to strengthen Vncus agst the Narragansett Indians, for the present and yt some thing may fall out wch may occasion the sending of more men, itt was therefore ordered thatt the Governor wth the rest of the Court wth the Captaine and Leivtenant as a councell of Warr shall dispose and order all the military affayres untill the Genrll Court for the jurisdicthshall settle some course concerning the same.


Will Russells being mar of a watch, for suffering his watch to sleepe was fined 10s.
      The sentinell fined 5s and all the rest 1s a peece.
      John Hunter fined 5s for neglecting his watch.
      Sam Dighton and Anthony Stevens respited.


Robt Abbott having his goates driven forth towards the keeper, butt were found in the quarter yett had done no damage, desired the judgmt of the Court whether he were lyable to pay 6d a head by vertue of the order agst goates.

[Here the records cease to be in the handwriting of Thomas Fugill, and what follows, as far as p. 194, is in that of Richard Perry.]


Vppon a letter from the Governour [from Boston, where he was attending a meeting of the Commissioners of the United Colonies] it was desired that some course may be taken for the common saftie in these rumours & tumults of the Indians.
      The gunne smithes were desired to lay aside all other buissines & gett those gunnes repayred that are defective.
      Henry Pecke and old Bassett were desired to sett the great gunnes vppon good strong carryadges.
      The farmers that have butter and cheese were desired to keepe it in their hands, that in case the publicque service require it, they may be furnished.
      All those that goe abroad in the woods or meddowes were desired to carry their arms wth them, & to worke as neare together as may bee.
      It was desired that those that goe forth with the heards and flocks would carry their gunnes wth them & it was advised that 2 might goe wth euery heard onn the Lords dayes.


The court tooke it into serious consideration what should be done wth farmes, but nothing was concluded about them but left to further consideration, only those that live at the farmes were desired to keepe good watch & be carefull of their owne saftie, till there be more apparent danger and some further order concerninge them.
      It was debated whether the dischardging of a gunne in the towne, woods or meddowes, shalbe taken as an allarum dureing these times of danger, but it was left.
      It was propownded that those that have gunnes most fit for service abroad, shall lend them to the souldiers that are to goe abroad, Also that those that have shoes & stockeings to spare, would furnish the souldiers wth them, and Mr. Gregson vndertooke to see them satisfied for them.


Richard Catchman desired the justice of the court agaynst Thomas Hart and complayned that the said Hart carried away his negroe servant from Virginia wthout his licence, wherby he was damnified to the vallew of 2000 waight of tobacco in the price of her, besides what was dew to him from the said Thomas Hart for the service of the said servant for sundry monthes.
      Thomas Hart pleaded that the said Catchman did owe him a debt, & delivered a noat of severall accompts into the court.
      But because they wanted clearnes of evidence onn both sides, the court advised them to refferre it to arbitration.accordingly they chose Mr. Gregson and Mr. Malbon to arbitrate it, if they cannot end it they desired Mr. Eaton the governour to vmpire it.
      Richard Catchman as aturney for Florence Payne in Virginia demanded a debt of Mr. Hart well bee the said Thomas Hart did acknowledge, but conceived that part of it was paied, if not all, but had not his proofe readdy, whereuppon it vas respited that he may have time to make proofe ; in the meagre time to lay in security to the court for the said debt till hee make proofe of the payment of it in Virginia.
      John Thomas for absence at a gennerall trayninge was fined 5 s.


Michaell Palmer complayned that Richard Beech did promise to pay him a debt of 35s in beaver but had fayled.
Richard Beech acknowledged the debt & his promise to pay beaver, but professed he could not gett beaver.
      The court ordered that Richard Beech should pay the debt in some other pay soe as it may equall beaver, to the said Palmers satisfaction (wth damadges for forbearance,) before the next court, or elce an execution shall goe forth agaynst him.
      Arthur Holbridg hater sould to Mr. Malbon all his land in the necke conteyninge two acres and thirty two rodds.
      Jeames Russell desired satisfaction of John Walker for damadge done in his corne by his hoggs.
      John Walker pleaded that the fences were defective, wherevppon he was advised to warne those whose fences were defectiue.
      Anthony Stevens for comming too late to watch, and wthout bullets was fined 2s.
      Joseph Brewster and Joseph Cox were accused for drinkeing to excesse ; Joseph Brewster confest that they had drunck sacke in his fathers cellar out of the bung wth a tobacco pipe, & in the chamber out of a bottle, and that they went after that to the ordynary, and there drank a quart of beare. Sister Linge testified that she saw them as they came from the ordynary & Joseph Brewster did lead Joseph Cox by the arme, & she speakeing to them asked whether Joseph Cox were drunk, wherevppon Joseph Brewster let him goe and then she saw him stagger & reele, & as she conceived, being not able to goe nor stand as a man, he sit him dowse vppon a blocke or logge by the. pales, but could not sit as one sober, wherevppon she agayne said he was drunke, because he could not goe nor stand, and then Joseph Brewster called him to come to him wch he did, but yet in a reeling mainer. Mrs. Evance and her mayd testified that when they first saw Joseph Cox after this they could perceive nothinge that hee ayled.
      The Court being fully satisfied in the evidence given by sister Linge, and the Governour testifing that vppon examaination be had taken, they tould aboundance of lyes, espetially Joseph Brewster, the premises considered, the Court conceyved they deserved to be sevearly whipped, but referred it to Mr. Evance & Mr. Brewster to give them correction in their famyles.


John Cooper & Joseph Nash were admited members of the Court.
Captayne Malbon & Captayne Turner were chosen deputies for the gennerall court for the jurisdiction.
      Mr. Malbon, Mr. Evance, Mr. Gibbard, Mr. Francis Newman were chosen deputies for the towne.
      Mr. Atwatter chosen treasurer.
      Mr. Goodyeare, Mr. Evance, Mr. Gibbard. Mr. Wackman, Mr. Francis Newman, & Mr. Atwatter were chosen to audit the accompts of the former treasurers.
Thomas Fuill chosen secretarie. Thom Kimberly chosen mrshall.
      The surveyours of the causwayes & bridges wth their consent are to be continued another yeare.
      [106] Mr. Lamberton propownded that he might have a peece of grownd neare his howse to sett a warehowse by the creeke and for a wharfe also, & he will give the towne soe much as it is worth, or if the towne be not willinge to sell it, if he may have it for the present, when there shalbe cause he will part wth it vppon such tearmes as shalbe thought by indifferent men.
      Jaspar Crayne & Robert Seely are desired to joyne wth the Court to view the said grownd, & (if they see cause) to dispose of it to Mr. Lamberton, vppon such tearmes as shallbe thought meet by them for the publique good.
      The Governour complayned that he could not gett workmen to mend the mill, wherevppon it was ordred that the governour shall have power to presse men for that worke, & if any man be preingadged they shall goe onn wth their ingadgments after the presse is satisfied or the work done for wch they are pressed.
It was debated what order the miller should observe in grinding mens corne, but left to the millers discretion & the rule of equitye.
      The Governour wished the towne to take notice that if airy send baggs vnmarked, the miller will take noe chardge of them.
      Goodman Smith desired the court to take some order that his land may be layd out. The Governour wished the Court to consider whether they would confirme their former grant to the said Smith or revoake or alter it, but it was respited to further consideration, because for the present he hath put of his sheepe.
It was ordered that Goodman Deighton should burne the playnes wth all convenient speede, takeing the fittest season, and therfore every one should take warninge & secure their fences or what elce may be in danger.
      It was propownded to the court in case damadge be done in corne who shall beare the damadge, it was resolved they whose fences are defective, if the defective fences bee fownd.
      The Governour called vppon those who were defective though appoynted to veiw the Beaver Meddowes, & bro. Seely to know what was done in it, but their answere was they had done notheing in it.
      The marshall was desired to see the hooks and hinges of the towne gates least they be lost.


Mr. Lamberton was chosen deputy in Mr. Malbons stead for the jurisdiction court, and Mr. Crayne deputy for this towne.
      [A General Court for the Jurisdiction was also held on the 30th of October, 1645, at which the magistrates and commissioners were chosen for the year ensuing, as appears from the date of the commissious of the latter in the Records of the United Colonies.]


Bamfeild Bell being reproued by Wm Paine for siuginge profane songs, answered & said, you are one of the holy bretheren that will lye for advantadge. It was testified by the said Wm Payne & Joseph Brewster. Mr. Evance testified that it was his constant frame to reproach those that walke in the wayes of God. The premisses considered the centence of the court was that he should be seveerly whipped.
      Mrs. Brewster entreated the Court that the execution of the sentence may be respited till her husband come home, because he is her husbands kinsman.
John Beech & Ambrosse Sutton being sent forth by the mr of the watch to walke the rowed went into a howse & layed them downe to sleep, & soe neglected their trust, for wch they were fined 5s apeece.
      Mr. Leech beinge complayned of for not bringing his armes on the Lords days, his answere was that his man brings his armes for him, wch was satisfyinge.
Thomas Clarke for totall neglect of his watch was fined 5 s.
      Mr. Erance hath sould vnto Mr. Robert Newman & to Mr. Gilbert 67 ac: of vpland, lying betweene Captayne Turners farme and and the said Mr. Newmans farme.


Thomas Robinson was chardged for remoueing some land marks in Mr. Rooks & setting new stacks in Wm Fowlers meddowe haveing hired in the meddow adjoyninge some grasse for this yeare.
      He pleaded that he used the best meanes he could to find the range. Richard Miles testified that he gave such exact directions that he could not misse the bowndes of Mr. Hooks meddowe, if he observed the range of Mr. Gregsons fence on both sides of the meddowes.
      Thomas Barnes also testified that Thomas Robinson did remove a stacke though he advised not to doe it. Wm White testified that when he went to move in Mr. Bracyes meddow there was new staks sett, and that bro : Ives tould him if hee did mow by those staks he should cutt crosse brother Fowlers meddow. George Smith testified that after Thomas Robinson had bin sicke, haveing some meddow to cutt, he said if he had bin well he would have made them goe nearer together, meaning he would have cutt more then was left him or was dew as was concejued, for wch vnrighteousnes in disturbing the publicque peace, he was fined 40s to the publicque & ordered to set the staks right at his chardge.
      Captayne Turner informed the court that Mrs. Stolion bath complayned to sundry persons that he made a bargaine wth her for cloth for wch shee accepted cowes, but was disapoynted to her great damadge, & therfore he desired she might slew what cause he had given her soe to doe.
      Mrs. Stolion pleaded that the captayne came to her howse to buy some cloth, chose a peece of 20s a yard, and said be would have sixe yards of it, and Mrs. Stolion should have a cow, and both aggreed to have her prized by some indifferent men ; the captayne said alsoe that he had neede of more cloth & commodityes to the vallew of 12 lb & told her she should have 2 cowes, and she said when her son came home he should come & chuse them ; accordingly when her son came home he went to the captayne, chose 2 cowes, and when he came home he tould her the captayne would come the next day & speake wth her, but came not according to his pmise, and though she sent to him yet he came not.
      The captayne said he did really intend to have had some cloth and that she should have a cowe, and when Mr. Stolion came to chuse one of the best cowes he had, and Mr. Stollion told him he might as well let his mother have 2 Cowes; for she had neede of cowes and the captayne had need of cloth and commodities, wherevppon the captayne let him chuse another cow & set him a prise, namely 12 1b. Mr. Stolion said he would give but 10 lb, the captayne told him he would abate 10s. Mr. Stolion said he would give noe more but 10 lb, they parted and the captayne promised he would come and speake wth his mother, but because he could not well goe to Mrs. Stolion, & haveing heard of the dearnes of her commodities, the excessive gaynes she tooke, was discouradged from proceedinge, accordingly bid his man tel her he would have none of her cloth, and nameing sundry perticuler instances of commodities sold by her at an excessive rate, left it to the considers, on of the court whether she had not done him wronge in complayning of him, and if she might not be dealt wth as an oppressor of the commonweale.
      The court conceyved, the captayne was to blame that he did not goe to her according to his promisse, especially that after he heard she was unsatisfied he did not attend her satisfaction, but wthall that the captayne might justly offer it to the consideration of the court whether such selleinge be not extortion and not to be sufferred in the commonweath.
      The captayne complayned that she sold some cloth to Wm Bradly at 20s p yard that cost her about 12s, for wch she received wheate at 3s 6d p bushell, and sold it presently to the baker at 5s bushell who received it of Wm Bradly, only she forbaring her monny 6 monthes.
      2 That the cloth wch Leiut Seely bought of her for 20s p yard last yeare, she hath sould this yeare for 7 bushells of wheate a yard, to be delivered in her chamber, wch she confest.
      3 That she would not take wompom for conmlodityes at a penny though it were the same she had paid to others at 6, but she would have 7 a penny, as Thomas Robinson testified.
      4 That she sold primmers at 9d apeece wch cost but 4d here in New England. Thomas Robinson testified that his wife gave her 8d in wompom at 7 a penny, though she had but newly received the same wompom of Mrs. Stolion at 6.
      5 That she would not take beaver wch was mrchantable wth others at 8s a pownd, but she said she would have it at 7s and well dryed in the sun or in an oven. Leiut. Seely, the mrshall & Isaacke Mould testified it. John Dellingham by that meanes lost 5s in a skinne (that cost him 20s of Mr. Evance and sold to her,) vizd 2s 6d in the waight and 2s 6d in the price.
      6 She sold a peece of cloth to the 2 Mecars at 23s 4d p yard in wompom, the cloth cost her about 12s P yard & sold when wompom was in great request.
      7 That she sold a yard of the same cloth to a man of Connecticott at 22s p yard, to be delivered in Indian corne at 2s p bushell at home.
      8 She sold English mohejre at 6s p yard in silver, wch Mr. Goodyeare and Mr. Atwater affirmed might be bought in England for 3s 2d p yard at the utmost.
      9 She sold thridd after the rate of 12s p pownd wch cost not above 2s 2d in old England.
      10 That she sold needles at one a penny wch might be bought in old England at 12d or 18d p hundred, as Mr..Francis Newman affirmeth.
      The Court seriously weighing all the perticulers chardged agaynst Mrs. Stolion, conceived that the nature and aggravations of the aforesaid chardges was proper for a court of magistrates to consider off, and therfore respited and refferred it to the Court of magistrates to be held at Newhaven the last Munday in March next.

Stephen Medcalfe complayned that he going into the howse of John Linley, Francis Linley, his brother, being in the howse told him he would sell him a gunne, the said Stephen asked him if it were a good one, he answered yea, as any was in the towne, wherevppon they bargajued, and Stephen was to give him 17s. As Stephen was going out of dores he questioned the sufficiency of of the locke, Francis told him indeed John Nash told him she was not worth 3d, but for his part he slid not vallew it worse for that, for smithes doe not affect olde gunnes, for he knew one gunne wch John Nash dispraised well is a good one for all that, soe Stephen went home & afterward dischardging the said gunne the brich flew out & struck into his eye and wounded him deepe and dangerously into the head.
      Francis Linley pleaded that he told Stephen that Joim Nash told him that the gunne was naught, that it was not worth 3d, that the barrell was thinne and would not beare a new britch, and advized Stephen to scoure her well and if he tryed her to put but a little chardge in her.
      Mr. Gregson and John Nash testified that when he was examjned before Mr. Gregson, Francis Linley denyed the had told Stephen that the barrell was thinne and would not beare a new britch, that it was crackt on one side from the britch to the touch-hole.
      John Nash testified that he tould Francis it was a very naughty peece, not worth the mendinge, & yet he prest him to mend it as well as he could & let it be as it he told him moreover that the barrell at the britch was as thin as a shilling, crackt from the britch to the touch-bole, and would not beare a britch, and after he had mended it, he tould him he would not give 3d for it, and to his best remembrance, he saith, he tould him he would not dischardge it for all Newhaven, for it would doe some mischeife.
      Richard Myles also testified that he heard John Nash speake much of her badnes & vnserviceablenes to Francis Linley.
John Linley being demmanded why he was taken wth such a quakeinge and trembling when Stephen was going to shoote, he said be did not quack nor tremble.
Thomas Clarke testified vppon oath, that John Linley tould him when he heard Stephen dischardge the gunne that he was afraid he had hurt himselfe.
Goodwife Fancy testified, that John Linley came oft times to speake wth Stephen, when he thought he lay vppon his death bedd, to know if he would cleare his brother, for he said he feared he had hard thoughts of his brother concerning the gun. Mr. Pell confirmed her testimonny. Richard Beech affirmed that Francis offered him that gun to sell & demanded 20s telling him to his best remmembrance that it had a new britch.
      The court considering the premises, the great damadge Stephen Medcalfe had susteyned in the losse of his eye, wth the losse of his time & the great chardge of the cure, Mr. Pell affirming it was worth 10 1b, ordered Francis Linley to pay to Stephen Medcalfe 20 lb damadges.

Brother Thomas Nash for his sons absence at a genrll trayning pleaded his necessity of buisines in fetching home his hay by watter ; that he could gett noe other helpe at that time, but the court judged his plea common to others 4; ordered him to pay his fine.
      Mr. John Evance pleaded that wheras he had hired John Basset & his wife to be servants to Mr. Goodyeare in New England, vppon condition that if Mr. Goodycare did not accept of him he should be at liberty, only pay to the said Mr. Evance the monnyes wch he bath disboursed for him & his wife both for their transportation & other occasions, Mr. Goodyeare did not accept of their service, & yet the said Basset refuseth to pay him the said monnyes.
      John Bassett pleaded that their was noe such covenant. Mr. Evance produced a noat under his owne hand wch implyed such a covenant, Basset acknowledged his marke but said he never heard the note read though he set his hand to it, yet he said if Mr. Evance would take his oath of it he would submit. Mr. Evance answered he made sufficient proofe of it by 2 witnesses, and one of them vppon oath, (& delivered an affedavit into the court,) of John Ogden, taken before Mr. Eaton Governor, in which John Ogden relateing the aggreement betwixt Mr. Evance & the said Basset sweres expresly, that if Mr. Goodyeare doth not accept of him and his wife they were to pay Mr. Evance what he had layd out for them, & so be free to dispose of themselves, yet was willing if the court pleased, to make oath of it, but the court tould John Basset that Mr Evance needed not to doe it haveing proved by 2 witnesses, and one of them vppon oath ; at last the said Basset said he would reffer it to the Court, let them doe as they pleased.
      [110] Itt was aggreed but vppon further discourse betweene the parties themselves that John Bassett should pay unto Mr. Evance 11 1b 7s wch is the debt demanded & sume disbursed, (Mr. Evance being willing to take notheing for consideration,) wch same the said Basset promised to pay at 2 certayne dayes vizt, the one halfe at midsommer next ensewing, and the other halfe wthin 6 monthes after that.
      Brother Wackman & bro : Miles reported to the court that they had (as the court desired them) viewed the clay pits way and the fences adjoyninge, in reference to the difference betwixt Mr. Malbon & Mr. Caffinch, and fownd that the way to the clay mitts was to lye open, but the quarter that lay on the one side could not accomplish their part of the fence, and therfore haveing planted, were forced for safeguard of their corne to make a fence crosse the said way wth rayles, wch way the other quarter driveing their cattle, & somtimes leaveinge oppen the rayles & somtime breakeing them, much damadge hath bin done by cattle and hoggs, whereuppon the court determined that the quarter that should have fenced & did not, must beare the damadge, and those that have trespassed in breakeing & leaveing open gates or rayles shall contribute, and desired the afforesaid committee to take some more paynes for the setling of it.

Brother Crayne desired the judgment of the court concerning damadge done in his corne by Mr. Caffinch's hogs well he fownd in the corne and brought home to his howse requiring satisfaction of him & he refussed to give him any. The court ordered that Mr. Caffinch pay the damadge till he pay the defective fences.
      Jarvis Boykin complayned that sundry fences about their quarter are defective, and he hath told the owners of some of them, & some they know not to whome they doe beloge.
      The court advissed they should get the fences measured and cast vp euery mans proportion, and then they may know whose it is, that it may be mended to prevent future damadge ; and to put an end to the wrangles about the fences belonging to the vacant lotts, it was ordered, that brother Andrewes and brother Munson shall veiw them all, and allow those that made them soe much as they were worth when they were sett upp, and the quarters to gett the said fences well & substantially made as speedily as may bee, and in the meane time they shalbeare all damadges themselves wch come by the badnes of the said fences.
      Hannah Marsh complayned that Mr. Brewster called Billingsgate slutt, and that she was sent for on shipboard to play the slutt.
      Mr. Brewster confest he being much provoaked and disquieted by her frowardnes and brawling on shipboard, did call her slut & Billingsgate slutt, and said he hoped she would dance about the whipping post, and affirmed that Mrs. Norton at Charlstowne told him that a seaman was speakeing filthy words to her the said Hannah, and would have had her goc on shipboard, being asked what to doe, he said to play the slutt, George Walker testified he heard Mrs. Norton speake what Mr. Brewster hath affirmed.
      Mr. Brewsters mayd and Mr. Lambertons maid testified that the said Hannah Marsh was very froward and contentious & a cause of much contention and vnquietnes amongst them as they came from the Bay.
      When the governour had showne what was the ordynary acceptation of Billingsgate slutt, namely that some that were soe called were convicted scolds and punished at the cuckeing stoole for it, & some of them chardged wth incontinency, Mr. Brewster said he had sufficiently proued the one true, & he would not acquit her in the other, being asked what grownd he had to lay such an implicit chardge vppon her, he said he had notheing at all agaynst her but what he gathered from Mrs. Nortons words. The court told he ought to acknowledge his fayleing ; soe repaire her reputation as much as he may. At length he did acknowledge he was too blame ; said he was sorry he had spoke soe rashly, and that he intended noe such chardge agaynst her. The court also according to the evidence reproued Hannah Marsh for her froward disposition, remembring her that meeknes is a chojse ornament for weomen, and wished her to take it as a rebucke from God, and to keepe a better watch over her sperit hereafter, least the Lord proceede to manifest his displeasure further agaynst her.
      Hannah Marsh did acknowledge it had bin some trouble to her that she had bin soe froward and contentious to the disquieting of others, & hoped it should be a warninge to her for time to come.

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