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fine a clock in the after-noone, the Townsmen haue agreed to
meete constantly, & if any of them be absent from y® meeting
or come not seasonably they shall paye 2^ 6^^, and therfore it is
thus declared that if any of the Towne haue buisnes w^ them,
they may know when they shall be attended, and if they haue
occasion of other meetings betwixt, they will give notice one to
another, but for these monethly meetings this is to be accounted
a sufficient warning.

It was Voted by the Towne that for the p'"sent till they see
occasion to alter, 4 watchmen shall serue in a night : to be
caryed on as formerly, two in the former part of the night, and
two in the latter.

William Blayden propounded for an Abatement of a fine for
late comeing y^ last trayning day, but it was refferred to y*
Company, to whom the Court hath giuen them fines :/



[219] AT A COURT HELD AT NEWHAUEN YE 7TH 5TH MO 1657'

John Benham appeared and desired of y® Court that they would
release him from y^ bargaine he tooke of y" in cattell, w** is
y® estate of y® children of John Walker deceased : for he is
weake & lame and vnable to provide for them. The Court told
him they would take time to consider of it, and giue him an
answer.

Thomas Mullenner was called and appeared, and Leiuten*
Nash on his behalfe informed that the buisnes betwixt Will™

* Poke-weed, not known in England, and therefore an unfamiliar name
to the early settlers. Henbane is no longer to be found in this vicinity.



3l8 NEW HAVEN TOWN RECORDS

Meaker, Geo. Smith and Tho. Mullener is ended to their satis-
faction ; and Thorn. Mullener now before y^ Court owned that he
had defamed William Meaker in laying suspition of witchcraft
vpon him, and Geo. Smith in saying he milked the heards cowes,
and both of them in saying they vpheld his servants in lying,
w*''^ things he had no cause to say, and therfore is sorrey for
it, and doth free and acquit them from them all, and hopes it will
be a warning to him for hereafter.

For the buisnes concerning securitie, left by the Court of
Magistrats w^'^ this Court, he was told he must put it in to the
Courts satisfaction, or remove. He said he is not prepared to
giue securitie, hauing none ready to be bound for him : nor
was he willing at first to giue his owne bond, but rather thought
of remouing, w*^'^ the Court was willing to, and gaue him six
m° time to accomplish it in ; but after he had considered of it,
he againe presented himself e to the Court, and declared himself e
willing to giue his owne bond, w*^^ the Court at this time for a tryall
was willing to accept, to the valew of fifty pound ; and therfore
now before y*^ Court he ingaged himselfe & estate to y*^ valew
of fifty pound duely to attend the Lawes of the Jurisdiction,
and of this place, and to walke peacably & inoffensively to all,
and not to be injurious to any in their names or estates, and if
any complaint be brought against him, he shall attend this Court
to answer it, and stand to what they shall judg in the case :/

Thorn. Mullener was told that there is a complainte made
because he hath set his fenc at farme so neere y® edg of y® banke
by y'' sea, that when cattell are betwixt that & y*^ sea, and y*' tide
come in hastyly vpon y™, they are in hazard to be drownded, as
some swine haue bine ; and therfore he was told it must be
viewed and removed, as also any other fenc set in y® like manner :/

The Gouerno'', Theopilus Eaton, Esq'", as Capt. Bettons agent,
passeth ouer to the Towne of Newhauen the house and home
lott w*^^ was M"" Malbons and all the houseing vpon it, w**^ all
y® accommodations that is belonging thervnto, w*^^ in y® booke
wher mens accommodations are entered appeares to be thirty
fiue ac^'s of y® first deuission w^'^in the two myle, and six &
twenty rod, thirty foure ac^'s of meddow and a halfe, one hun-
dered seuenty eight ac^s of y® second deuission, and twenty ac'^s
& a quarter, sixteene rod, in the necke.



JULY-AUGUST, 1657 319

And now was passed ouer to M"" John Winthrop, Esq'', the
said house, and houseing, w**^ all the said accommodations, for
whom the Towne procuried it, as appeares in their bargaine
made for it w**^ y® Gouerno'^ y® 9*^ first m", 1656, and their Order
aboute disposeing of it, 18*^ of the 3^^ m°, 1657; he haueing
giiien a writing vnder his hand, ingageing the payem* of one
hundered pound in goats, as he propounded, and desiring it
might be passed ouer to him :/ w'''^ is hereafter recorded :/
[220] These are to testifie that I doe owe and am indebted to
the Townsmen of Newhaven, selected by the said Towne for the
carying on the prudentiall affaires of the same, the full somme
of one hundered pounds, for the house wherin I now Hue, w*'^
the lands to it, to be paide in goats, the one halfe at any time
betweene this or October next, vpon Fishers Island, whensoeuer
they shall send a vessell to demande and cary away the same,
and the other halfe the next summer, at the same place, when they
shall likewise send a vessell to demande and fetch them away,
any time before that winter, to be deliuered by my seruants
there. Witness my hand, July 7th, 1657.

John Winthrop*

Witness, Francis Newman

I desire there may be a legall alienation of the house and what
belongs to it, according to the custome of other sales. John
Winthrop*



AT A COURT HELD AT NEWHAUEN YE 4TH, 6tH MO, 1657

What was last Court propounded by John Benham, concerning
the cattell he hath taken of the chilldren of John Walker, was
againe spoken to, and Jn° Benham was told that in respect of his
bodily weakeness the Court inclines to fauour him, and shall
release him for his part of the bargaine, but for the other halfe
w^^ his sonn Joseph hath, he must still keepe them, and both
must still stand securitie till the bargaine be fully performed,
or they by the Court released ; he was further told that an equall
deuission cannot be made of the cattell vnless they bee scene, and
therfore he is speedily to get them together (w*^ he said he

* An autograph signature.



320 NEW HAVEN TOWN RECORDS

hoped to doe in a weekes time, and then some appointed by the
Court shall view them, and so it may be agreed, w^^ Joseph
shall keepe still, and w'''' shall be otherwise disposed of :/

M' Joshua Atwater informed the Court that M^ John Roberts
had of him when he went away from henc, deliuered by James
Roggers at Milford, twelue hundered of bread and seuenteene
bushell of wheat, ec. ; but he alowed him in account but for ten
hundered of bread, so ther is two hundered due to him still,
w*^'^ comes to forty foure shillings, and foure shillings he pd
William Holt for worke aboute his fish, and eight shillings to
M'' Goodyeare for a scarfe, and six penc to William Peck, to
proue w*^^ he produced his booke and showed a note or receipt
vnder M' Roberts his hand, dated the ii*'^ April, 1653, w*^^ makes
it appeare he received the quantitie of wheat and biskit, and
offered to take oath to the truth of these things :/

The Court vpon the euidenc that appeareth declared that M'
Atwater shall receiue out of M^ Roberts his estate fifty six
shillings six penc, and he now ingaged before the Court that if
just cause be showen to the contrary in one kinde or other, he
will make it good againe to the estate :/



[221] AT A GEN. COURT FOR NEWHAUEN I7TH 6tH MO 1657

It was propounded that any one who hath p*^ Leiutenn* Seely
any thing for and toward that he was to gather for Goodman
Demon of Fairfeild that they would declare it, wherevpon
Joseph Alsop said he had p'^ him 8', M™ Rotherford 8^ William
Peck 4^, M'' Melyen lo^ and who else is not now knowne, but
Samuell Whitehead was now appointed to looke after it, and
speake w*^ that quarter and subuerbs, and see how things stand,
that right may be done.

The Townsmen declared who they haue chosen for veiwers
of fences for this yeere ensuing, w*^^ was now confirmed ; for the
Gouemo''s quarter, James Russell and William Russell ; for
the quarter toward the mill, John Coop'" and Robert Pigg; for
the quarter against bro. Coop®'^ Thomas Beament and John
Johnson ; for the oxe pastur, Robert Hill and Andrew Loe ; for



AUGUST, 1657 321

y^ subuerbs quart^ John Wakef eild and Peter Mallary ; for AP
Goodyears quarter, William Dauis & Henry Glouer:/

An Order made in July, 54, aboute securing Indian corne from
swine, & from yeare to yeare renewed heitherto, was now againe
voted to be put in execution this yeare also till Indian come be
gathered inn.

Liutenn* Nash propounded that the Millitary Company want
some officers, w^'^ are needfuU to be supplyed, and accordingly
Corporall Jeruis Boykin was chosen Serjant. and James Bishop
and Abraham Dowlitle were chosen Corporalls :/

The Townsmen remembred the Towne that ther is 100' to be pd
to the Gouemor for M'' Malbons house w'^^ they desired they
would take Order may be provided in season :/

Francis Newman propounded that some other may be chosen to
supply the Secretaries place, because he is as he supposeth called
to goe for England, but the Towne was vnwilling to it, and
declared that if he would staye they would out of the Treasury
make vp what the Jurisdiction alowes him 50^ a yeare.

The Towne by vote declared that they free M' Goodyeare
from rates the last yeare and this.

M' Goodyeare propounded that he might haue libertie to sell
his part in the Iron-worke, w*^*^ the Towne was not willing to,
except it be to such as they shall approve of.

Edward Parker propounded that Jn° Potter might haue some
lot granted to set vp a shopp to follow his trade. The Towne
was willing thervnto, but knew not of any place at their dispose
convenient for that purpose, and it was now left w^^ the Towns-
men to consider of and issue as they see cause:/



at a meeting of the court priuately at the gouernors, 22th,

6th mo, 57.

It was agreed ( Jn° Benham, Senio"", Joseph Benham, and Edwa.
Watson being present) that Edward Watson Agreem*

should haue all the Cattell w*^*^ are now to be aboute Walkers
deliuered, that was put to Jn° Benham and his ^^*'^

sonn, and they should be free in October next when the time



322 NEW HAVEN TOWN RECORDS

comes vp, payeing in proportion for alowanc according to their
ingagem*, and that they be helpfull to Edwa. Watson in pro-
videing fodder for them this next winter, w^^' they promised they
would; and Edward Watson was now asked [222] what securi-
tie he can put in, w*'' himself e, if he have the cattell : he named
Richard Hull, and had libertie to speake w"' him ; he was further
told he may haue them this winter if some whom the Court
appoints shall see that hee hath sufficiently provided for them,
and that he dispose of none of them w^'^out the Courts consent,
and that at the Spring there shall be a new consideration, and
what the Court sees fitt to haue killed now this next slauter time
shall be killed and disposed of as the Court shall see cause, for
the chilldren advantage as well as may be :/



AT A GEN. COURT FOR NEWHAUEN I4TH 7TH MO 1657

The Townsmen informed that they haue seuerall things to
propound that they have considered of, as about the Neck bridg ;
they haue treated w**^ William Andrewes aboute makeing a new
one; he asketh ioo\ to be pd 30^ in pease and wheat, 10^ in rie,
10^ in wampom, and 50^ in beefe and porke, and y*^ the old
bridg be maintayned till y*' new be vp, w*^^ is to be by the latter
end of May next or beginning of June, and he is to be at all
charge but a rope and faggotting & gravell. The Towne con-
sidered of the propositions, but declared they were not able to
performe them at this time; so nothing was done in it, but it
was desired that this old bridg may be repaired so as it may be
vpheld for the present:/

It was propounded that it was need full that an Order be made
for the paym* of rates, because ther is sundrie payem*s to be
quickly made, as y* rates to y*' Jurisdiction, halfe of w'^^ must be
pd in come according to Order, and 100^ for y* house M*" Win-
throp hath, beside other necessarie charges; therfore it is now
agreed & concluded that three rates shall be pd, one in October,
one in Nouembr, and one in Decembr; one of w*^ at least is to
be pd in corne, according to Order, the other such paye as the
Order alowes.



AUGUST-OCTOBER, 1657 323

The Townsmen informed that they had considered of the Order
restraining- cutting fire wood in y*^ oxe pasture and cow-pasture,
and doe finde it is but Htle attended to, and to some men it is a
snare, and therfore whether the Towne may not see cause to
repeale it, at least for y® present, and give a Hbertie w*^ such
restrainte as they see cause. The Towne considered of the
motion and agreed to repeale it and give Hbertie for y*^ planters
to cutt fire-wood there, but no man is to fall great quantities of
trees before hand, but cut them out as he falls them : if he let
them lye, it is at his hazard if another come & cut them out ; they
are to cleere away topps & bodies, therfore if they medle w***
great trees, it was better they lopped them ; and it was pro-
pounded that the Townsmen would consider of & appointe a
place most convenient for cutting wood in for y® Elders, or other
men of publique vse who haue neede :/ This Order is for y®
present, & till y*^ Towne sees cause to alter it :/



[223] AT A COURT HELD AT NEWHAUEN YE 6tH 8tH MO 1657

Isack Hall, Thomas Weede,* Edward Neale, Mary Hitchcock
an[d] John Brookes were called before the Court, and the said
Isac[k] was charged w'^'' writing, and the said Thomas w'^^
setting vp a writing vpon the meetinghouse, publishing a contract
of marriag betwixt the said Edward Neale and y® said Mary
Hitchcock, when as there is no such matter, as the father of the
said Mary (who complained of this wrong) declared; w*^^ thing
is the publishing of a lye, and the abuse of that wholesome
Order made by the Court, and may be looked vpon as don in
contempt of y* authoritie here setled. Isack confessed he did
write such a pap"", but not w*^ any such intent, and said that
Mary Hitchcocke was by when hee wrote it, at John Brookes his
house, w*^^ Mary denyed not but said she witnessed against it, and
Thomas Weede confessed he did set it vp, but not in contempt
of authoritie. ]n° Brookes was asked why he would suffer such
a writeing to be written in his house, and that in the night, as
Isack & Mary said it was : he said they came accidentally to his
house, and he would not haue had him done it, and therfore tooke

* The name seems to have been properly Whedon.



324 NEW HAVEN TOWN RECORDS

away the light from him. They were all told the miscariage is
great, and of a high nature, and seeing it is against the Order
of the Generall Court, therefore they must all appeare before the
Court of Magistrats to morrow fortnight to answer the same;
onely Edwa. Neale (against whom nothing is now alleadged or
proued, but seemes to be y** partie wronged) hath libertie to be
p^'sent or absent, as he sees cause :/

John Benham desired libertie to buy a three yeare old steere,
w^'^ is one of them cattell w*^^ he had of the chilldren of Jn°
Walker, and hee would paye in one good ewe, and the rest
in pease. He was told hee may buy him, at a just price, and
make such paye, the ewe being justly vallewed, and the pease at
a moderate price; and whereas he is to deliuer the cattell to
morrow, according to y® writeing he hath giuen in that case,
and Edward Watson, who is to haue them, now wants y*' oxen,
therfore if he keepe them any longer it must be by agreem'^ w*^^
the said Edward.

Widdow Wheeler appeared and declared that she is now aboute
to change her condition, w*^ one Josiah Stanbrough of South-
ampton, and desired to know what the Court would doe aboute
the portions of her chilldren : they both being present were told
that the chilldrens portions must be securied, before they may
remoue the estate out of the Jurisdiction; they said they would
leaue that part of y® estate if the Court please; they were asked
if they were willing that the chilldren and portions should be
disposed of ; they declared themselues vnwilling, the said Stan-
brough saying he would haue the chilldren w*^ him though he had
no part of their estate toward bringing them vp. After much
debate the Court told him if he could put in sufficient securitie
here to y*^ Courts satisfaction to y*^ vallew of one hundered and
thirtie pound, w*"^ y*' chilldrens part will come to, that he will
put in sufficient standing securitie at Southampton to y^ Ciuill
authoritie there setled to y® valew of one hundered and thirtie
pounds of good estate, w'^^ shall remaine [224] as securitie for
the said portions till the chilldren come at age and be paid, and
that the same be duely certifyed from the said authoritie to this
Court, then he may haue libertie to dispose of the estate as he
sees cause ; wherevpon the said Josiah Stanbrough and Allex-
ander Feild ingaged now before y^ Court themselues and estate



OCTOBER, 1657 325

to the valew of one hundered & thirtie pounds of good estate
that sufficient standing- securitie shall be put in to the ciuill
authoritie at Southampton for the portions of the said chilldren,
till they come at age and be paid, and that it shall be duely
certifyed from the said authoritie to this Court that such securitie
is giuen and taken to that end, w*^^ things being fully done and
performed, this their ingagm* shall be voyde, elc not.

Goodwife Wheeler was asked how she doth dispose of her
apprentize, John Bracie ; she said she could not dispose of him ;
she was told that it is conceiued that her husband did not doe
his duty toward him, in teaching him his trade as he should
haue done, and therfore it is like ther will be no cause for her
to demande any thing for his time, but rather the boy may require
damage of her for not haueing bine taught as he might haue
bine; wherefore the Court now desired Thomas Kimberley,
Francis Browne, and James Russell, who are taylours and can
best giue light in such matters, to consider of it & see his inden-
ture and take what light they can from others and then declare
to y® Court what the thinke in the case, who will then deter-
mine as they see cause :/ w*^^ afterward they concluded that Jn°
Bracie staye here and be at the Courts dispose and that M""
Stanbrough alow 40^ towards the buying him cloathes :/



AT A GEN. COURT FOR NEWHAUEN YE I2TH 8tH MO 1657

The Townsmen informed that sine the last Towne Meeting
Serjant Andrewes hath spoken w*^ them againe aboute the Neck
bridg and seeing the Towne thinkes they are not prouided to paye
come as he then propounded, he will doe it for loo^ (w*^ is y^
same price as before) for such paye as y* Towne can make, and
will take halfe his paye this yeare and halfe next yeare, onely he
desires, if y'' Towne can, he maye haue a quarter or two of
wheat and pease. Serjant Andrewes being present said it was
so. and it was now voted that a new bridg shall be now so soone
as may be builded, though they thinke the price is too much, but
it is left to y*^ Townsmen to agree w*'' William Andrewes aboute
it, both for price, paye, and manner of doeing it, and the
time when finished, and what else is necessarie in such agreem',



326 NEW HAVEN TOWN RECORDS

and that writeings be made showing y® same y* there may be no
mistake or questions afterward.

The Townsmen declared that Richard Newman had bine w*'*
them and propounds for a peece of ground aboute 6 or 7 ac'^s,
w* lyes in the swamp neere y^ riuer beyond y^ Gouerno'^ farme,
w* he [225] intends to improve for planting of hopps vpon
and some corne, & for ought they can heare it is of litle or no
vse to y® Towne, w^^ now William Bradley also declared and y*
w^'^out inconvenienc the Towne might grant it, as he conceives ;
whervpon it was Voted that he should haue it for y* end before
mentioned, and from this time is to paye rates for it as other
planters.



AT A COURT HELD AT NEW HAUEN 3D QTH MO 1657

IVP Tuttill and John Tompson were complained of for neglect-
ing their watch one night in the former part of the night, by w'^^
meanes their was no watch in the latter part of the night neither ;
M' Tuttill sd he had hired Isack that lines at M"^ Gilberts to watch
in his roome, but was told that he is an idle slight youth and
not alowed of in such cases, and that it was publiquly declared
vpon a trayning day that neither he nor such as he should be
accepted, and those that hire must hire sufficient men ; and
therfor Isack haueing had notice by one of M^ Tuttills chilldren.
whom he did not promise, yet went to see if he might be accepted,
but was refused, there being no other man that was sufficient
appearing to walke w^^ him ; beside y*' Serjant said it was verey
late befor he came, and brought no armes that he saw.

John Tompson said he had warning to watch, but had hired
Tho. Tuttill to watch for him, and sent y* warning to him, but
hee neglected it : he was told if Tho. Tuttill haue fayled him,
hee may require right of him, but y*^ Court must looke to y^
first man, and therfore it was now Ordered that M"" Tuttill and
John Tompson paye each of them as a fine to the Towne 5^

John Benham Jun^ and Joseph Benham were complained of for
neglecting their watch one night in the latter part of the night,
for when Samuell Hodgkins and the other watch-man came to call
them to doe their duty, they laye still and did not attend it. Joseph



OCTOBER-NOVEMBER, 1657 327

Benham being present said that he had hired a man to watch for
him, but he was told he whom he heird was insufficient and not
alowed of ; he said they should haue told him so before ; he was
answerd that he should haue looked to that and seen that his man
had bine accepted, and then he might haue taken his rest. The
Court agreed, judging both cases a like, that Jn° & Joseph Ben-
ham paye each of them fiue shillings as a fine to y* Towne,
and if those whom they hired haue neglected their duty they
may require right of them :/

An action was entred by Allen Ball against Jeremiah Whitnell
and Jeremiah Johnson for the loss of a cow of his the last
Spring, as he conceiues by their neglect who kept the heard
that day and the Court heard sundrie debates on both sides,
and vnderstanding that they had before bine vpon some treaty
to put it to arbytration, advised them therunto, to w'^^ they [226]
all agreed, and Allen Ball chose Deacon Miles, Jeremiah Whitnell
chose Abraham Dowlitle, and Jeremiah Johnson chose Jn"
Coop'', and what end they make in the buisnes, they all agreed
to stand to. Also some differrenc betwixt Allen Ball and Jer.
Johnson aboute some further damage Allen hath suffered by his
neglect and breach of promise, not helping him in hey-time as
he should, and for w^^ he had p"* him before hand, is also by
them referred to Brother Miles and Brother Cooper, to end and
issue betwixt them.

Jeremiah Johnson was complained of for other gross miscar-
iages & beside a lose idell way of liuing vp and downe here &
there wearying out diuers families where he hath bine, he had
spoken like a verey Athist, scoffing at the w^ord of God, as was
now declared to him, and he was now warned to attend the
next Court to answer, and Avas left in the Marshalls hand till
he might put in securitie for his said appearanc :/

Edward Perkins declared that in the Spring last he sowed
aboute two ac^'s of pease in his lott, and after they were come
vpp ther came in hoggs at M'' Stendams* fenc and spoyled them
so that he had not aboue two bushells of pease of them ; but
he then got the damag viewed by John Coop'" and Samuell
Whitehead who judged his loss at least six bushell of pease, w*^**
he hath demanded of M'' Stendam, but could not get them, and

* Steendam, a Dutchman.



328 NEW HAVEN TOWN RECORDS

therfore is forced to take this course for his releife:/ Rich-
ard Beech, attorney for M'' Stendam, said that M'^ Stendam tooke
notice of that fenc to be his, and knew it was defective, and
had agreed w*^"" men to make it new, and hath paid them all
or part for it, but they neglected and did not per forme according
to promise, whereby this damage comes ; he was told that if those
men agreed w"' haue not performed according to their ingagem*,
AP Stendam may require his damage of y"", but according to our
Order, Edward Perkins doth but right to require it of M""
Stendam; and to cleere that the damage is six bushell, Jn"
Coop"^ and Samuell Whitehead now in Court affirmed and said
they thinke it was rather more then less : and to cleere that
the hoggs came in at M'' Stendams fenc, diuers did now testifye,
who saw a common tract through the same, and the view'"s



Online LibraryNew Haven (Conn.)New Haven town records, 1649- (Volume 3) → online text (page 30 of 51)