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»,

RECORDS

OF THE

Particular Court

OF

CONNECTICUT 1639-1663

PUBLISHED BY THE CONNECTICUT HISTORICAL SOCIETY

AND THE Co\i60+»'ovT,S-

SOCIETY OF COLONIAL WARS IN THE STATE OF CONNECTICUT

HARTFORD 1928

OFFICERS OF THE SOCIETY

Elected May 23, 1928.

President, GEORGE C. F. WILLIAMS, Hartford.

FRANK FARNSWORTH STARR, Middletown. CLARENCE W. BOWEN, Woodstock. HENRY LEE, Bridgeport. Vice- I FRANCIS T. MAXWELL, Rockville.

Presidents, 1 GEORGE S PALMER, New London.

ALAIN C WHITE, Litchfield. NEWTON C. BRAINARD, Hartford. ANDREW KEOGH, New Haven.

Recording Secretary,

Corresponding Secretary,

Treasurer,

Librarian,

Auditor,

Membership Committee,

Library Committee,

Publication Committee,

ALBERT C. BATES. WARREN S. ARCHIBALD. ARTHUR P. DAY. ALBERT C. BATES. JOHN FELT MORRIS.

GEORGE C. F. WILLIAMS, ex officio. ALBION B. WILSON. ALBERT C. BATES. GEORGE S. GODARD. HAROLD G. HOLCOMBE. LOUIS F. MIDDLEBROOK. JOHN H. BELDEN. ALICE M. GAY.

GEORGE C. F. WILLIAMS, ex officio. HENRY A. CASTLE. WALTER R. STEINER. LUCIUS B. BARBOUR.

GEORGE C. F. WILLI^VMS, ex officio. ALBERT C. BATES. E. STANLEY WELLES. EDWARD F. HUMPHREY.

Ill

[CHARLES G. WOODWARD. Finance Committee, | MORGAN B. BRAINARD.

I GEORGE C. F. WILLIAMS.

[WALTER H. CLARK.

^°'*''Ethlv Papers. MAYNARD T. HAZEN.

[CHARLES G. WOODWARD.

IV

OFFICERS OF THE SOCIETY

OF

COLONIAL WARS

Elected June 2, 1928

Go\-ERNOR, ELIJAH KENT HUBBARD, Middletown

Deputy Governor,

Lieutenant Governor,

Secretary,

Treasurer,

Registrar,

Historian,

Chaplain,

Genealogist,

Former Governors,

Gentlemen of the Council,

Membership Committee,

MARCUS HENSEY HOLCOMB.

JOHN PRINCE ELTON.

ARTHUR ADAMS.

ARTHUR ADAMS.

LUCIUS BARNES BARBOUR.

REV. EDWARD MORTIMER CHAPMAN.

REV. JOHN CALVIN GODDARD, S. T. D.

FRANK BUTLER GAY.

LOUIS RICHMOND CHENEY. RUSSELL FROST. ARTHUR REED KIMBALL. JOHN HOYT PERRY. EDWARD RUPERT SARGENT. FRANK BENTLEY WEEKS. THEODORE SALISBURY WOOLSEY.

STARR HICKOK BARNUM.

GEORGE JARVIS BASSETT.

JOSEPH RALPH ENSIGN.

GEORGE CLINTON FAIRCHILD WILLIAMS.

ALTON FARRELL.

CHARLES WELLES GROSS.

EDWIN SUMNER HUNT.

BRADFORD DEWITT PIERCE.

WILLIAM HUTCHINSON PUTNAM.

LOUIS RICHMOND CHENEY. JOHN OSTROM ENDERS. CHARLES WELLES GROSS. ARTHUR LEFFINGWELL SHIPMAN. HENRY LAWRENCE WILKINSON.

Committee on Historical Documents,

ARTHUR ADAMS. GEORGE SEYMOUR GODARD. ARTHUR REED KIMBALL. GEORGE DUDLEY SEYMOUR. THEODORE SALISBURY WOOLSEY.

VI

The Particular Court of the Colony of Connecticut, the records of which are here published, came into existence soon after the settlement of the Colony, although both the exact date and the method of its establishment are unknown. It was primarily, as its name indicates, a tribunal for the settlement of differences and the establishment of just rights between particular persons, in distinction from the General Court, which dealt with matters pertaining to the rights and benefit of all the inhabitants of the Colony. So early as February 9, 1637/8, less than two years after the holding of the first Court in Connecticut, in the record of a Court held on that date : " It is ordered that there shalbe a pticular Courte on the first Tuesday of M[ay] at Harteford." This evidences that the Particular Court was at that time already an established and recognized institution. The General Court of March 8, 1637/8 appointed a Particular Court to be held on the twenty-second of the same month; and the General Court of April 5, 1638, made mention of " the next particular Courte ". These are the only references to Particular Courts that are to be found previous to the adoption of the Fundamental Orders or Con- stitution in January 1638/9, and apparently no record was made of the proceedings of the Particular Courts held prior to that time.

After the adoption of the Fundamental Orders the pro- ceedings of the Particular Courts were entered on record in the same volume with the proceedings of the General Court; the records of the two courts being entered in the first volume of the Colony's records in one chronological sequence. This volume ends with the close of the year 1649. Beginning with March 1649/50 and continuing to May 1663 the proceedings of the Particular Court were recorded in a separate book from those of the General Court. After the receipt by Connecticut of the charter granted to it by Charles II in 1662, and the union of the Connecticut and New Haven Colonies in 1664,

VII

the Particular Court went out of existence and was succeeded by the Quarter Courts or County Courts and by the Court of Assistants.

The proceedings of the Particular Court from 1639 to 1649, which are recorded with the acts of the General Court, were printed in 1850 by J Hammond Trumbull in the first volume of " The Public Records of the Colony of Connecticut ", The later records, from 1650 to 1663, have not been printed pre- vious to their appearance in this volume. When printing these later records, it has seemed advisable to publish the complete records of the Particular Court in one volume by reprinting the portion which was published in 1850; par- ticularly as the volume in which the earlier records appear is one of a series and is now out of print and not easy to secure.

In 191 7 the Society of Colonial Wars in the State of Con- necticut, desiring to issue some creditable publication of early records, voted on the recommendation of its Committee on Historical Documents, to print the records of the Particular Court, and instructed the Committee to take the matter in charge and proceed with the work. Under this Committee's direction a photostat copy of the original manuscript record was made with the expectation that from that copy a typed copy for the printer's use would be prepared without delay. However, no person could be found immediately who had the ability and time to prepare the necessary copy, and death soon made vacancies in the Society's Committee. In 1923, the Com- mittee on Historical Documents had a typed copy of the photo- stat record made under the direction of Professor Adams. In 1925 the Committee was instructed to carry the work to com- pletion under the direction of Professor Arthur Adams, Ph. D., the Secretary of the Society and a member of the Committee. This Committee of the Colonial Wars Society entered into an arrangement with the Connecticut Historical Society by which these records are now published as a volume of the Historical Society's series of Collections, and the printed copies of the volume equitably divided between the two societies.

VIII

The typed copy made from the photostat, under the super- vision of Dr. Adams, by Miss Martha K. Collins, was placed in the hands of Albert C. Bates, Chairman of the Historical Society's Publication Committee. He has seen it through the press, reading and correcting the proof with the photostat copy. The index was prepared, under Mr, Bates' direction, by Miss Marjorie Ellis.

It has been the endeavor in publishing these records to have the printed copy conform as closely as possible to the original manuscript. Spelling, paragraphing and punctuation, or the lack of it, have been closely followed. In the matter of capital letters, some latitude has been used. In titles, espe- cially Mr., and proper names, particularly of persons, small letters were sometimes used and frequently it was uncertain whether a small letter or a capital was intended; consequently it has seemed best to secure uniformity in appearance by printing such small or doubtful letters in capitals. The abbre- viations which occur will in general be readily understood by persons familiar with old records ; such as the use of " 5 " to indicate the omission of a letter, usually " n ", following it ; the use of " m " for " mm " ; the use of " p " for " per " and of " p " for " pro ".

The names of the persons who composed the court appear in the manuscript in a column on the left hand margin of the page, opposite the beginning of the records of that court. In printing, these names have been placed following the date of the meeting of the court, and arranged across the page in the same consecutive order and with the same divisions as they appear in the manuscript. Occasionally an entry of court proceedings appears on the margin of the page. Such entries have been inserted at their proper place in the text, with a nota- tion of such insertion when it seemed necessary.

In indexing it has seemed both unnecessary and futile to introduce into the index all the petty matters which were made the subjects of suits before the Court; but all subjects and objects of importance and all names of persons and places are indexed. B.

IX

Book Number A. or the

First book of the Records of the

Colony of Connecticut

Wherein is Recorded the first Acts and Lawes of the Said Colony; and the first Acts of the Generall Courts of the Same. And this is also the first book of the Records of the County Courts, and Courts of probates and of Wills and Inventories, Especially in the County of Hartford. Which Said County Courts are Sometimes Stiled Perticular Courts, and Sometimes Quarter Courts.

No. 1.

[24] Jeffery ff[ ]

vppon Samuel Ire [land ]

appeareth not

an attachment [ ]

the next Court

Jn°. Edmunds, Aaron Starke and Jn°. Williams were censured for vncleane practises as foil

Jn". [Edmunds]^ Williams to be whipt att a Carts arse vppon a lecture day att Hartford.

Jn°. Williams to stand vppon the pillory from the ringing of the first bell to the end of the lecture then to be whipt att a Carts arse and to be whipt in like maner att Windsore within 8 dayes following

Aaron Starke to stand vppon the pillory and be whipt as Williams and to haue the letter R. burnt vppon his cheeke and in regard of the wrong done to Mary Holt to pay her parents lo^ and in defect of such to the Comon Wealth and when both are fit for that Condition to marry her.

It is the mind of the Court that M"". Ludlow and M^ Phelps see some publique punishment inflicted vppon the girle for Concealing it soe long.

[ ] foreman [ Sjkinner [ ] Steele

[ ] Smith [ ] Moore [ ] Weed [Jeffejry Ferris [ R]obins [ S]cott [ Pan] try [ S]tanley

[ ] Birchard.

M"". Williams brings his action of trespasse against Mathew Allen for 74 Rod of Corne destroyed through defect of his fence

Thomas Moore for 10

Mr. Woolcott for 60 Rod

1 " Edmunds " crossed out and " Williams " written above it.

4 PARTICULAR COURT RECORDS

Ann Marshall for 2 Rod

George Phelpes for 8 Rod

Jn°. Porter for 70.

The Jury find for the pi. to pay for 224 rod of Corne spoyled, three pounds, for keeping of the ground 20 dayes 30°. Costs I0^

Thomas Bull informed the Court that a muskett with 2 letters I W was taken vp att Pequannocke in pursuit of the Pequatts w'='^ was conceaved to be Jn°. Woods who was killed att the Rivers mouth. It was ordered for the present [that] the muskett should be delivered to Jn°. Woods freinds vntill other appeare

August the first 1639 Jn°. Bennett & Mary Holt were both censured to be whipt for vncleane practises and the girles M"" is inioyned to send her out of this Jurisdiction before the last of the next month

These following were censured & fined for vnseasonable and imoderatt drinking att the pinnace.

Thomas Cornewell 30^ Samuell Kittwell 10^

Jn° Latimer 15^ Thomas Vpson 20^

Mathew Beckwith 10'

Jn°. Moody had an attachment graunted vppon the g[oods of Thomas] Gaines in the hands of Mr Stoughton, for a debt [of 5'^ weight of Tobacco.]

[27] Sept. the 5'^ 1639

Jn°. Haynes Esq'" Gov""

M"" Hopkins M-- Wells M"" Phelps M"" Webster.

Richard Lyman complayneth against Sequassen for burning vp his hedge w*=^ before M"" Governo' formerly he pmised to satisfy for, but yett hath not done it.

Sequassen appeared and pmised to pay within 4 dayes or elce an attachment to be graunted.

PARTICULAR COURT RECORDS 5

Edward Hopkins comp* in behalfe of M^ Jn°. Woodcocke against Fr Stiles for breach of Covenants in 500*.

M"" Stiles desires respite till the next Court in regard of witnes in the Bay graunted

Jn°. Moody contra Blachford for a fowling peece he

bought and should haue payd for it 40^ ^ bill of

The Jury find for the p' 41 damages costs 6^

Ric Lord against Thomas Allen for 40^ debt.

M"" Allen appeared not.

M"" Spencer witnessed that he borrowed 40^ in the Bay of Ric Lord and pmised to repay it here.

2^ 6"^ graunted for costs and an attachment vppon his goodes.

Fr. Stiles contra Jn°. Woodcocke in an action of debt for 2 hhds malt & a hhd of meale.

[28] Samuell Ireland was fined 10^ for contempt of y^ Court in not appearing vppon a warrant served vppon him.

vppon his submission he payd 5^ & was acquitted.

Thomas Gridley of Windsore was complayned of for re- fusing to watch, strong suspition of drunkennes, contempteous words against the orders of Court, quarrelling and striking M' Stiles his man.

he was Censured to be whipt att Hartford and bound to his good behavior.

he entred a recognizance of 10'. for his good behaviour.

October the 3^ 1639

M"" Haynes M^ Ludlow M' Willis M^ Wells M' Webster M"" Phelpes M' Hopkins

Edwa. Hopkins contra Fr. Stiles in behalfe of Jn°. Wood- cocke in an accon for breach of Covenants. Covenants pduced.

The Jury find that the def hath in his hands 80' and 150' for the purchase of the house, and for not taking in 400 acres of ground according to Bargaine that M'" Stiles should take the house backe againe and repay backe the 230^ with 70' damages costs 10^.

PARTICULAR COURT RECORDS

It is ordered that the souldiers for the last exploit shall be payd for 9 dayes, att 2^ ^ day, the mony to be payd to the Con- stable of every Towne and he to deduct the cost of the pro- vitions he pressed for them.

[33] Novemb'' the f^ 1639 A Pticular Court.

Jn° Haynes Esq'" M^" Wells M^ Webster M' Phelpes. Richard Gildersley contra Jacob Waterhouse in an action of debt

Jury find for pi. 14' 18^ (f costs & damages 6^ Jacob Waterhouse contra Ric. Gildersleeue in an action of debt

The Jury find for the pi

For a hogg 2' ^ ^

damages i 17 4

costs of suite 060

3- 17- 4

The Court adviseth vppon informacon given that the Levy- ing of M"" Michell his fine be forborne vntill the next general! Court

The Court admitteth the relict of Jn° Brundish of Wethers- feeld deceased to be Administratrix for the use of her and her Children.

Dec'" the 5"" 1639 A Pticular Court.

Jn° Haynes Esq"" Roger Ludlow M"" Hopkins W Willis M"" Wells M'" Webster M"" Phelps.

Richard Westcoat contra Jn° Plum in an action of tres- passe, to the value of 10'

The Jury find for the pi 6 Bushells of Come costs of suit I2^

Jn° Plum contra W" Westcoat in an action of the case not pforming the trust of a Cowkeeper to his damage of 20'.

The Jury find for the Deft costs I2^

PARTICULAR COURT RECORDS 7

January the 2.^ 1639 A Pticular Court.

W™ Clarke servant to Jn" Crow was fined 40^ for misde- meano' in drinking and corporall punishment was remitted vppon his pmise of his care for the future to avoyd such occations.

execution was graunted to Richard Westcoat

It was thought fitt and ordered that Frauncis Norton and Thomas Coleman shall haue power to call before them such as M*" Plum shall suggest to them to be (as he conceaues). Joint oflFenders in the damage layd vppon his swine in the case of Ric Westcoat, eyther in regard of any other Cattle that were knowne to be in the sayd Corne, or weaknesse of fence or neglects in keeping shutt any gate or gates into the sayd Corne and yf they can with the consent of the partyes to divide the sayd damages layd vppon M"" Plum But yf they agre not, to retume their opinions concerning the same into the Court.

[35] Febr. the 6^** 1639 A Pticular Court

Jn° Haynes Esq

Roger Ludlow Esq"" M"" Willis M"" Hopkins M"" Welles M"" Webster M'' Phelpes.

Jn° Porter was sworne a Constable for Windsore Nathan- iell Eli for Hartford Robert Rose for Wethers feeld for the yeare ensueing

Whereas there was graunted the first of August last an exe- cution to Roger Williams and others of Windsore vppon the goodes of M"" Mathew Allen for 5' damages and costs in a tryall of 12 men, w*'^ execution was served by the officer of the Court and goodes or Cattell sould for pformance of the same and the remainder offered by the sayd officer to M"" Allen w'^'* he refused. The officer now brought fower pounds six shillings into the Court w''*' was deliuered into the hands of M'' Trer vntill further order

M^ Oldams estate being examined the Account of it as it stands in this Jurisdiction is as foUoweth.

8 PARTICULAR COURT RECORDS

Estate of M"" Oldam deceased is debto"".

1 s d To Mathew Marvine 1-6-8 To Richard Lord 5-5-0

To W™ Lewis 9-12-3 ^ Contra is Credit

To Edward Mason 3 - 3-0 By Lieftenant Seely To Jeffery Ferris 3-15- o By Jn° Chapman

To Henry Browning 11-00- o By Ric Lawes To Thomas Staunton 03 - 5 - o By M"" Chapleyne To Thomas Scott 00 - 18 - 0 By Thomas Allen To M"" Chapleyn— 146 - 18 - 0

To M"" Pincheon 022 - 19 - 9 I136 - 6. 9

To Andrew Warner 009 - 19 - 0 To Edwa. Stebbing— 002 - 13 - 4

To M' Talcott— 021- 6- 3 Jan. the 60, 1640.

To M' Jn° Haynes 002 - 0 - 0 W°> Lewis abated out of his debt To Mathew Allen 020 - 15 - 0 on the other side 2' 16^ w^ii he was To Lieftenant Seely 010 - 13 - 0 to allow for a hogg he bought of M"" To Edward Hopkins & Oldam

M'" Mathew Crad-

docke 229 - 00 - 0

128

15

2

14

15

0

1 6

4

II

I89

15

2

1 6

16

6

0504 09 3

It was thought fit and ordered that this Acc° be sent to the Bay and yf a iust acc° be also returned from thence in a rea- sonable tyme an equall division may be made of the whole, yf not, the estate here shall be divided among the Credito" here

Frauncis Norton and Thomas Coleman delivered into the Court their apprehensions touching the case betweene M' Plum and Ric Westcoatt, w'^'' being taken into full considera- con by the Court It was ordered that the iudgment by the Jury shall stand, and execution to be graunted to Westcoatt but it is thought fitt that Jefifery Ferris shall allow M"" Plum two bushells of Corne, towards the damages layed vppon his swine, in regard his fence is found to be insufficient and his Cowes were pved to be in Westcoatts corne, and M"" Chester is to allow M"" Plum one Bushell of Corne, in regard his bore was found to be in the sayd Corne as well as M'' Plums [36] And it was further ordered that JefTery Ferris in regard he challenged the partyes interessed by the Court for searching out the sayd businesse not to be indifferent men and denyed to attend them according to the order of Court, shall pay as a fine to the Cuntrey 20^ and in regard he was one occation of much charge to M"" Plum in bringing many witnesses this day, vppon his suggestion to the Court that they would not speake

PARTICULAR COURT RECORDS

that that in the face of the Court w^'' they did before the Com- issioners w'^*' was found otherwise he was adiuged to pay lo^ to M"" Plum towards his charges and Richard Westcoat for misleading ]n° Whitmore was fined icf to the Cuntrey.

March the 5"^ 1639 A ^ticular Court.

Jn" Haynes Esq Governo''

Roger Ludlow Esq Depty

M'" Hopkins M"" Wells. M"" Webster M"" Phelpes.

This present day there was returned into the Court by M'". Gaylard one of the overseers a Coppy of the estate of the Children of Thomas Newbery deceased dated the 10"^ of Febr 1639, subscribed by M^ Ludlow, M"" Phelpes M^ Huett. M^ Hill, George Hull and W"^. Hosford.

[In margin.] The Will of Thomas Newbery returned into Court.

Whereas a difference hath arisen betweene M"" Smith and some others of Wethers feeld, about the measure of some ground, w*''' being long debated, it was thought fitt that it be re- ferred to some indifferent men to issue, and M"" Wells and M'^ Webster are intreated by the Court, in the first and fittest season to goe downe to Wethers feeld, and to settle the same as in equity and iustice they shall see fitt, that peace and truth may be continued. But it was iudged very equall and reasonable, in regard Mr Smith in setting vp his posts pceeded in a legall and iust way, that he be not putt to the charge of taking vp and setting downe his posts againe, the rule that M"". Wells and M'. Webster are to goe by is one of the other 3 ranges of meadow, and they may call whom they thinke meett in Weathersfeeld to assist in the busines.

Whereas there was an attachment graunted to Ric Lord vppon the goodes of Thomas Allen for 42^ 6^ debt and costs, the attachment was served and 6 cushions, 3 Barstable ruggs, 6 paire of Childrens shues, one paire of Boots, and an ould cloakebagg were put into the hands of Thomas Staunton vntill the action be tryed, and further order taken therein.

10 PARTICULAR COURT RECORDS

Mr. Deputy returned a recognisance into Court wherein James Northam was bound by him for his appearance this day. But he came nott.

[37] Aprill the 2^ 1640 A ^ticular Court

Jn° Haynes Esq Gov"".

M' Willis M^ Welles M^ Webster M' Phelpes M^ Hopkins.

Mary Brunson, now the wiefe of Nicolas Disborough Jn". Olmested Jonathan Rudd and Jn° Peerce were corrected for wanton dalliances and selfe pollution.

This day Rachell Brundish of Weathersfeeld presented an Inventory of her husbands estate, w'^'' amounted (all debts being payd) to 90'. 5^ 4*^. and the house and land was rated at 130'. And it was thought fitt and ordered that the relict of the sayd Jn°. Brundish shall haue to her owne use the 90'. 5. 4. and the land with the house to be for the Childrens portions viz* 30^ to the Sonne and 25'. a peece to each of the 4 daughters, to be payd into the Court for their use when each of them come to the age of sixteene yeares and in the meane tyme the widow to haue the use of the land, for bringing vp the Children.

It was also ordered that yf the sayd Rachell doe thinke fitt to sell the house and land, she may haue liberty soe to doe provided before she make any sale thereof she giue suffitient security into y^ Court for the payment of the Childrens por- tions att the tymes prefixed and for the due education of them, and having soe done she may make her best advantage of the sayd house and landes, provided also that yf any one or more of the Children depart this life before they come to the age of 16 yeares, his or their portion is to be diuided equally among those that surviue.

[42] The pticuler Courte May the vii*^^ 1640 M"" Ed : Hopkins Esq'" Gou'". M"" Haynes Deputy

PARTICULAR COURT RECORDS 11

M' Wyllis M-- Welles M' Phelps M^ Webster.

George Abbott of Wyndsor searuant to ^ He is adiudged to pay fiue pownd ffyne for selling a pystoll & powder to the Indeans and to be bownd to his good behauior. He is to be disposed of by the Court for further searuice to his Master or some other as they shall Judge meete, for his paying the said fifyne.

Symon Hoyette and his fifamily are to be freed fro watch & ward vntill there be further Order taken by the Courte.

Andrewe Bacon and John Barnard haue Returned into the Court a Inuentory of the goods of Tho : Johnson decessed, to the some of ii*. 5^ lo*.

At the Request of M"" Phelps in the behalfe of M"" Rocesster, an Attachment is graunted for the Constable of Wyndsor to distreyne & take into his Custody 20 bush of Corne of James Nortons of Quinipwucke and that to keepe vntill the said James shall appeare at the Courte at Hartford and there answer what shall be laid to his chardge.

M' John Shareman of wethersfyeld is to be freed fro watching vntill the Courte take further Order.

John Hopkins of Hartford is also freed fro watching vntill furthe Order be taken by the Courte.

Whereas there was an Agreement betwixt the Inhabitants of Wethersfyeld and Liuetenant Seely that the differences be- twixt them in sute for Lands should be referred to Arbitriment by Partyes betwixt the agreed Vppon, Viz*^ M"" Hoocker & M"" Welles and in Case they two should differ they were to Chuse a third, for the Issuing thereof, who did accordingly make Choyce of M"" Webster, the Court also consenting thereunto, It is now the App'"hension of the Courte that the foresaid Partyes shall stand to the award as yt is deliuered in by the said M"" Webster Viz* That the said Inhabitants of Wethers- fyeld shall pay to the said Liuetenant 150 bush of Corne and this the Court adiudgeth to be paid by ech mans proportion throught the whole Meadowes, The said Liuetenant is also to be alowed 20^ for his chardges and delay of payment.

^This blank occurs in the original.

12 PARTICULAR COURT RECORDS

[43] The pticuler Court. June 4'" 1640

M"" Ed: Hopkins Esq Gou^

M' Haynes

M"" Wyllis M^ Welles M-- Phelps M^ Webster

Ed : Veare of Wethersfyeld is ffyned x^ for Curseing & swereing and also he is to sitt in the stocks at Wethersfyeld two howers the next Trayneing day.

Willia Hill of Hartford for buying a stolen peece of M'" Plums man and brekeing open the Coblers Hogshed & Packe for boath these Mysdemenors hes fyned ffower pownd to the Country

Nicholas Olmsteed for his laciuious Caridge & fowle Mys- demenors at sundry tymes w'*" Mary Brunson is adiudged to pay twenty pownd fyne to the Country and to stand Vppon the Pyllery at Hartford the next lecture day dureing the time of the lecture, he is to be sett on a lytle before the begining & to stay thereon a litle after the end

The foresaid Nicholas Olmsteed acknowledgeth hymself to be bownd in a Recognizance of xxx'. to the Country to Repaire the foresaid next lecture day by nyne of the clocke to the Constable of Hartford to submitt to the said Judgment of the Courte.

[48] July the 2^ 1640 The pticuler Courte Samuell Smith pi' ag*^ Andrewe Waird Richard Coker pi* ag* John Cable Richard Lord pi* ag* Tho : Robinson. Ed : Hopkins Esquire Gou^

M'' Haynes M^ Wyllis M^ Welles M^ Phelps M"" Webster. The Jury Willia Whiting, Gent Ju"" ^ Robert Parke John Edwards Robert Abbott John Notte Bray Rocesster Richard Whithead John Byssyll Walter Fyler Willia Wodsworth Richard Lord Gregory Wynterton Ju"".^ John Haynes Esquire pP ag* John Cockerryll defend* in an action of debt of xiij' ^Abbreviation for Juror.

PARTICULAR COURT RECORDS 13

The Jury find for the plan*. The defend* is to pay damages xiij^ and costs of sute viij^

The Courte graunts the p' Execution ag* the body or goods of the defend* for the foresaid damages and Costs.

M'' Mytchell hath this day returned into Court his acknowl- edgement to M"" Chaplin and for that w*** other Considerations, for former extraordinary Chardges w''*' he hath formerly borne for Publik seruice at the flforte, the Court hath Remitted his flformer Censure.

Nicholas *Senthion for not apeareing to witnesse agaynst Aron Starke is fifyned to pay fifiue pownd to the Country.

John Porter on of the Constables of Wyndsor is to keepe the said Aron Starke w*** locke and Chaine and hold him to hard labour & course dyet vntill he be cauled to bring him forth vppon the next somons.

The said Aron being accused of buggery w'*^ a heifer, con- fesseth that he leaned crosse over the heifers fflanke, though at the first he denyed that he came neere her, lastly he ac- knowledgeth that he had twice comitted the acte w*^ the heifer but that shee was to narrowe.

John Euens for his contempte ag* the Townsmen is ffyned x^

Andrewe Bacon and John Barnard an appoynted to sell the goods of the Cobler^ deceased flformerly taken by Inuentory giuen into Courte by the said Partyes.

It is Ordered that whosoeuer enters any action in the Court the Plan* shall pay the Costs of Court though the action be not tryed, and the Jury to haue their pts.

George Wolcott acknowledge himselfe to be bownd in a Recognizance of ten pownd that his brother Henry Wolcott shall psecut an action of the Case & bring it to tryall ag* Church of Hartford for Impownding the Hoggs of Henry Wolcott his ffather and will subiect to the Issue thereof as yt shall be adiudged the next Court holden at Hartford.

Tho^ Welles

1 Thomas Johnson.

14 PARTICULAR COURT RECORDS

[49] Henry Wolcotte p^*^ agaynst Church defend^ in

an Action of the Case wherein the said Henry Complaynes ag' the said Church ffor takeing into his Custody

& Deteyneing thirty swyne of Henry Wolcotts the elder flFather to the said Henry to the damage of

WilHa Whiting Gent p*. ag* Jasp RawHns defend^ in an action of debt 20® debt

Leonard Chester p*^. ag' John Edwards Nathaniell Foote defend*^ in an action of trespas for brech of Order to the damage of 4^

Saqueston testifies in Court that he neu"" sould any grownd to the Dutch, nether was at any tyme conquered by the Pequoyts nor paid any trybuit to the. And when he some- tymes Hued at Mattanag and hard by his fifryends that Hued here, that he and his men came & fought w*^*^ the.

Whereas there was an Order of Court made for the vewing of the hie waie leading fro Hartford to Wyndsor amongst others there was appoyntd James Boosy and John Plum who haue according to direction of Court vewed the same, and that pte w*^*^ was shewed vs by Tho : Scott w**' lyeth betweene Hart- ford Towne and the lyne w'^'^ deuid betweene yt and Wyndsor we find to be mended sufficiently so as men may both ryde and goe one foote and make drifte of Catle comf ortablie : but that parte in Wyndsor bound was nothing done when wee vewed yt w*^*' was about the seauententh of July 1640.

The Coppy Jo : Plum. Ja : Boosy.

[50] Henry Fouks his Wyll Septeber the 4'^'' 1640

It is my Will to bestow vppon the Church the Clocke that

Brother Thorneton had bought, to M"" Wichffyeld my best

Coate and whoight (?) Cappe, to M"" my best

dublets

Ed : Masons Inuentory

A true Inuentory of the goods and Chattells of Edward

Mason of Wethersfyeld late deceassed viz^

PARTICULAR COURT RECORDS 15

Imp" The Cloathes of the said Edward, 4' 00^ 00"'

Ite, in the Halle brasse Pewter &c 7 16 00 Ite in the parlour a ffetherbed w*^ Chests

Lynens and other things 13 00 00

It in the Celler 2 00 00

It Englishe Corne with Indean Old and New 41 00 00

It in the Chamber a ffetherbedde w'^ others 9 10 00

It twenty syxe borrowe hoggs stores & sowes 31 00 00

It 3 Ewes one Ewe kydd 2 weathers 08 00 00 It Tooles & all other Implyments belonging to

the trade of the said Edward. 4 15 00

Valued p Som totalis 121 i 00

Willia Swayne George Hubberd Test Leo: Chester

[78] September the 2^. 1641

John Haynes Esq"" Gouer''.

George Willis Esq"" Deputy

Ed: Hopkins Esq"" Tho: Welles M"" Phelps M"" Webster.

The Jury. M"" Plum Jur^ Tho: Stolton Henry Clarke John Byssell Henry Wollcott Robert Parks Robert Rose Robert Abbott John Talcott Will: Lewis John Clarke Andrew Bacon Jur.^

Mathew Allen pi' ag* Coggen def* in an action of slaunder to the damage of a thousand pownd

The Jury find for the pi' damages 20'. Costs vij^

M' Hill hath vndertooke to satisfie the 2o\ for M' Allen when the Court shall require yt.

Tho: Munson pi' ag' John Hall defend' in an ac of de- famation.

The Jury find for the pi, damages 20^ Costs vij^

Frances Styles pi. ag' Ed: Hopkins Esq'' defend' in an action of the Case

^Abbreviation for Juror.

16 PARTICULAR COURT RECORDS

The Jury find for the pi damages xv\ x^. Costs vij^.

Samuell Gardner for his affront of the watch is flfyned x^ and is to acknowledge his fault the next trayneing day.

Robert Saltingston gent, plant ag*^ Edward Hopkins Esq'' defend' as an assigne to M"" John Woodcoke in an action of the Case to the damage of 200'.

For the 4'^'' action of Math : Allen PI ag' John Coggen def ** the Jury find for the pi. damages xx'. costs vij^.

M"" Hill of Wyndsor vndertaks to satisfie M"" Allen the 20' for M"" Coggen when the Courte shall appoynt yt.

For the 5*^ ac of John Coggen pi. ag' Math: Allen def**, the Jury find for the defen*^. costs vij^.

Mr. Coggen denyed to appeare to his action the Jury was cauled to giue in their verdicte, aleadging he hath not his full testimony

[79] M"" Robert Saltingston hath an Attachment graunted ag' M*" Edward Hopkins whereby he hath Attached halfe the Myll standing by the New Bridge

[84] Dec the ix^*" 1641 The pticuler Court

John Heynes Esq"" Gou""

George Willis Esq"" Dep*''

M-- Whiting M^ Webster M"" Welles.

The Jury Andrew Bacon Jur^ Tymothy Standly Tho : Scott Tho : Osmore James Boosy George Hubberd Tho : Cole- man Henry Woolcott John Porter Tho : Ford Joshua Carter Willia Rescue Jur^

Frances Styles pi ag* Robert Saltingston gent defen* in an Action of the Case to the damage of 70'.

The Jury find for the pi. damages 51'. Costs vij^

Robert Saltingston gent p' ag' Frances Styles defen' in an Action of the Case to the damage of 800'.

The Jury find for the defen* Costs x^.

Frances Styles p' ag' Robert Saltingston gent defen' in an Action of debte to the damaere of 100'.

1 Abbreviation for Juror

PARTICULAR COURT RECORDS 17

The Jury find for the p' eighty one pownd twelue shillings damages according to the Award and the double Costs of the Court.

Robert Saltingston gent p' ag* Frances Styles defen* in a second Action of the Case to the damage of 500'.

Robert Saltingston gent p' ag* Frances Stiles defen* in a third action of the Case to the damage of 50*.

The Jury is to be warned for thursday com fortnight.

[91] The ptic. Court 14*'' of OctoV 1642

George Willis Go"" Esq'

Jo : Heynes Esq"" Ed : Hopkins Esq"" M"" Phelps M' Webster M"" Whiting M"" Welles.

Jury M"" CuUicke Tho: Osmore Gregory Wilterton Will Pantry Tymothy Standly John Clarke Frances Styles John Byssell Roger Willms John More Nath : Dickinson John Trott

The ac of Seargeant Fyler p' in the behalfe of the Towne of Wyndsor ag*^ Mat: Allen def* in an ac of the Case. The said Math. Allen is to pay costs for non apparance viij® vi**. The Court following Seargeant Fyler was adiudged to pay the said Costs, haueing made a referance before the sute.

The sute of Ephraim Huit p' ag^ Tho : Steynto is w^Mrawn by consent.

Bray Rocester p^ ag* Wyddow Hudgison Executrixe to Will Hudgison defen^ in an action of debt to the damage of i6'.

Whereas many suts com into the Court ag* Tho: Marsh- field and he is w^^'drawen and non soluit, The Court hath ap- poynted Henry Woolcott & Tho: Ford to take into their chardge or Custody all the Estate gods & Chattells of the said Tho: Marshfields as they shall be able to discou"" yt and to dispose of yt to the best aduantage for the vse of the Creditors and the same to accoumpt to the Court they shall be there vnto cauled.

18 PARTICULAR COURT RECORDS

Mr. Eldridge p^ ag' The: Marshefield def in an ac of debt to the damage of i2'.

Henry Woolcott p^ ag'. Tho: Marshefield def* in an ac of the Case to the damage of 40'.

In the ac of Richard Trott and Samuel! Smith ag*. John Plum def*. the Jury find for the p'^ damages 15^ Costs viij^ ij*^ Execu graunted.

[94] The ptic Court the 27''' of January 1642

George Willis Es Gou"".

Jo : Heynes Esq' Ed : Hop. Es. M*" Phelps M' Webster M' Whiting Cap: Mason M"" Welles.

The Jury.^

It is Ordered, that the pt Court shall be held the first thurs- day in these seu'"all Months. March, June Sep., Deceb.

The will and Inuentory of Richard Lyman decessed is brought into the Court. John Moody maks Oath that yt is the last will of the said Rich: and also the noate then brought in is the Noat of the Widdow Lyman decesed.

The seuerall ptyes p''sent at the p^'senting the said will, agree that John Lyman if he Hue will be 22 yere ould in Septe. 1645. Robert Lyman 22 In Septe 165 1.

The ptic Court the 2^ of March 1642. The Jury Bray Rocester Nath: Waird Jo: Barnard Ed: Sebbing John Demon Jo: Olester Will Palmer John Stedder Tho: Stought Tho: Dewye Joseph Lumis Walter Fyler. In the Ac of Henry Woolcott p^ ag* Tho: Spenser defen' the Jury find for the p^ damages vj^ & Costs of Court

In the ac of Math: Beckwytt p' ag* Math: Allen def the Jury find for the p' damages viij^ & Chardges of Court. Executio graunted

In the ac of Elias Putma p^ ag' Ed: Vere def* the Jury find for the p' damages xviij^ & Costs of Court. ^The names of the jurors are not recorded.

PARTICULAR COURT RECORDS 19

Tho : Hurlbut for exacting and incouridgeing others to take excessiue Rats for Worke and Ware is adiudged to pay to the Country 40^

Tho: Ford is to giue notice to the Wyddow Hudgison to answer M' Rocester his sute the first thursday in aprill next, at w*'^ tyme though he should rec no answer he is to answer to the sute himself e.

The Creditors of Tho : Marshfield are to repaire to the Court to haue their suts tryed the first thursday in June.

Will Rescue is to take into his Custody James Hullet Tho : Gybbert Lidea Blisse & George Gybbs and to keepe the in giues^ & giue the course dyet hard worke sharpe correction.

The ac of Josp Raulding p' ag*^ Tho : Hurlbut is w^'^drawen by consent and the chardges of the C5urt to be paid betwixt the.

John Tynker p' as assigne to Henry Webb ag*^ Tho : Marsh- field def* in an ac of the Case to the damage of 'f?

In the ac of Ed : Elmor p' ag*^ Tho : Bailes def ' the Jury find for the p' damages 35^ and Costs of Court.

[99] Aprill 6'" (1643) the pticuler Court.

George Willes Esq"" governour

M"" Whiting M"" Phelpes Captaine Mason M"" Webster

The Jury Jo : White W™ Gibbings M"" Alcocke Jo Porter Tho : Thornton Walter Filer Benedict Afford Leo : Chester Jo: Edwards Tho: Trott(?) Jo: Elsey Nat: Ely

Lisley Bratfeild pP in an actio of trespas against Tho: Coleman defend: damage 5'.

Bray Rocester pP in an action of debt against Tho : Ford Attur to widow Huchinson defend: vpo A Bill of 240' but forasmuch as Tho : Ford, before this Court could not rec in- struction y® tryall is deferd till next Court.

Jo : Stoder p" in an acti of trespas against Jo Plum defend' : damage xx^. The actio betwene Jo: Stoder & Jo Plum is by

igyves.

20 PARTICULAR COURT RECORDS

consent w^Mrawen, & referred fully to be Issued by Jo : White and W" Gibbings y^ charges of