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[27] tion of debt due upon an obligatory bill of four || hundred pounds cash, conditioned for the deliverie of a deed under hand and seal, of certain lands in Mashamuggett to the said Grossvener at a certain day, the condition not being performed by the said Ashbye; and in the other of which actions, the said Anthonie Ashbye was plaintiff contra the said Leicister Grossvener, in an action of debt upon an obligatory bill of four hundred and twentie pounds, conditioned for the deliverie of two hundred and ten pounds cash to the said Anthonie Ashbye at the same day, the said Grossvener not having performed the said condition; and in both these actions the jury find for the plaintiffs the several sums mentioned in their respective bonds, and the court accepting the verdicts of the jury chancered Grossveners bond to Ashbye to two hundred and ten pounds, and at their sessions in May last, the case being brought to the court of assistants, by review, the court denyed to chancer Ashbyes bond to Grossvener; the said Anthonie Ashbie, thinking himself greatly wronged thereby, petitioned this Assembly for relief. This Assembly having heard and considered the pleas of both parties, do chancer the bond of four hundred pounds aforesaid, given by the said Ashbie to the said Grossvener, to the sum of two hundred and ten pounds; and do order that both parties bear their own charges, and that neither partie shall have execution upon the judgments given for them by the court of assistants upon their said respective bonds.

This Assembly doth allow to Capt. Samuel Eels, Speaker of the Lower House, for his good service this sessions, twentie shillings cash, to be paid out of the fees of the Lower House; and 'Capt. Richard Bushnell, Clerk of the Lower House, fifteen shillings cash, to be paid out of the fees of the Lower House. This Assembly allows to Joseph Pardie, constable, for his service, three shillings and six pence per day.

The petition of John Holly and Jonath. Bates being presented before this Assembly, declaring their aggreivance with the settlement or distribution of the estate of their father in law, Mr. John Sellick, by the court of probates in the countie of Fairfield, there being nothing allowed to the eldest son David : This Assembly, having considered the matter of their petition, do grant the said petitioners the libertie of an appeal from the sentence of the said court of probates to the court of assistants in May next.

ACTS PASSED AT A GENERAL ASSEMBLY HOLDEN AT NEW HAVEN,
DECEMBER THE 17TH, 1707, BY SPECIAL ORDER OF THE HON-
OURABLE THE DEPUTY GOVERNOUR, AND CONTINUED
BY SEVERAL ADJOURNMENTS TO THE 19TH

DAY OF THE SAME MONTH.

Present at this Assembly, The Honourable Colonel Robert Treat, Deputy Governour.

Assistants present, Daniel Wetherell, Nathaniel Stanly, John Hamlin, Nathan Gold, Joseph Curtis, Josiah Rossiter, Richard Cristophers, John Alling, Esqrs.

Deputies present, Capt. Cyprian Nichols, Capt. Aaron Cook, for Hartford. Mr. Abraham Bradlye, Mr. Samuel Smith, for Newhaven. Capt. Samuel Eels, Lt. Joseph Treat, for Milford. Capt. John Levingstone, Ens. John Richards, for Newlondon. Capt. John Wakeman, Lt. Joseph Wakeman, for Fairfield. Capt. Abraham Fowler, for Gilford. Mr. Joseph Bradford, for Lebanon. Mr. William Malbye, Mr. William Barker, for Branford. Capt. John Hart, Lt. John Stanly, for Farmington. Mr. Joseph Ripley, Ens. Joseph Cary, for Windham. Mr. Thomas Jud, for Waterbury. Lt. James Wells, for Haddum. Capt. Robert Wells, Capt. Thomas Wells, for Wethersfield. Mr. John Eliott, for Windzor. Capt. John Higly, for Symsbury. [25] Capt. Nathaniel White, Capt. John Hall, for Midltown. Capt. John Minor, Mr. John Sherman, for Woodbury. Capt. Samuel Hall, Mr. John Parker, for Wallingford. Mr. John Griswold, Mr. John Crane, for Kilinsworth. Mr. William Parker, Mr. Nathaniel Chapman, for Saybrook. Mr. Mathew Griswold, for Lyme. Capt. John Parks, Mr. Daniel Bruster, for Preston. Mr. Manasseh Miner, for Stonington. Maj. Ebenezer Johnson, Mr. Samuel Brinsmeed, for Derby. Mr. Benjamin Curtis, Lt. John Hawly for Stratford. Mr. Joseph Platt, Mr. Samuel Hanford, for Norwalke. Mr. Stephen Bishop, Mr. Elisha Holly, for Stanford. Lt. James Bebee, Ens. Tho. Tayler, for Danbury.

The Secretary of the Colonie being absent by reason of sickness, the Assembly made choice of Mr. John Winston to

Uk. Jobmbly apporernojo in Alan, beinse of a and dechelp so

supply the place during this sessions, who took the oath accordingly.

The Assembly being convened, his honour the Deputy Governour declared that the cause of his calling this Assembly, was the certain and sorrowfull intelligence he had received of the death of the Honourable Major General Fitz John Winthrop, our late Governour,* and that they might have opportunitie to choose a Governour to supply the place now vacant. The Assembly being sensible of the necessitie of such supply, proceeded, according to the power granted to them by charter, to the choice of a Governour.

Ordered by this Assembly, That the votes of both Houses for the choice of the Governour shall be mixt or put together before they be sorted, and that the major part of the votes shall determine the choice.

Joseph Curtis, John Alling, Esqrs, Mr. Abraham Bradlye, Capt. John Levingston, and Capt. John Wakeman, were by this Assembly appointed to sort the votes to be given in for the choice of a Governour, who took the following oath, viz:

You, Joseph Curtis, John Alling, Abraham Bradlye, John Levingstone, and John Wakeman, being appointed to sort the votes now to be given in for the choice of a Governour, doe swear that you will faithfully do the same and declare who is chosen by the major part of this Assembly. So help you God.

The votes of both houses being brought in and sorted, the persons appointed for that service return as follows, viz:

We, whose names are underwritten, being chosen to sort the votes, do declare that Mr. Gurdon Saltonstall is chosen Governour by a major vote of this Assembly. Joseph Curtis, John Alling, Cyprian Nichols, John Levingston, John Wakeman, Abraham Bradlye.

Capt. Daniel Wetherel, John Hamlin, Nathan Gold, Richard Cristophers, John Eliot, Esqrs, Capt. Cyprian Nicholls, Capt. Samuel Eels, and Capt. John Levingstone, are by this Assembly ordered and desired, with all convenient speed to wait upon the Honourable Gurdon Saltonstall, Esq", at Newlondon, signifying to him that this General Assembly have chosen him Governour of this her Majesties Colonie of Connecticutt; and, after the tender of all respects in behalf of this Assembly, in their name to desire that he would please to accept or comply with the great trust by this Assembly reposed in him; and the gentlemen assistants to administer unto

* At Boston, November 27th, 1707.

him the Governours oath, according to form in the law stated, and such other oath as by Act of Parliament respecting trade and navigation are required.

A letter from this Assembly, directed to the Honourable Gurdon Saltonstall, was read and approved in both houses, and also a letter directed to the inhabitants of Newlondon.

[26] January the first, 1707. The Honourable Gurdon Saltonstall, Esq", declared his acceptance of the place of Governour, whereunto he was chosen by this Assembly, and the Governours oath by law required was administred to him, according to the order of this Assembly, by persons thereunto appointed; and the oath in such case required by Act of Parliament, respecting trade and navigation.

This Assembly desires the Honourable Gurdon Saltonstall, elected Governour, with the gentlemen appointed by this Assembly to wait upon his honour, to write and send home to our agent in England, in answer to his letters, what they shall judge needfull.

Whereas in the printed law, title Election, it is said, Out of which number the Governour and Deputy Governour shall be chosen : This Assembly doth now see cause to repeal that part of the said law, and it is hereby repealed ; and do now order and enact that for the future the several freemen in the respective towns have libertie to choose for the Governour and Deputy Governour, where they see cause, of all or any of the freemen within this Colonie.

This Assembly grants to the town of Danbury the sum of five pounds in country pay out of the country rate last granted, in consideration of the charge of said town in fortifying.

This day Capt. John Shackmaple presented to the Deputy Governour a letter directed to our late Governour Winthrop, from Coll. Quarry, surveyor general, signifying that he had commissioned and deputed the said Capt. Shackmaple to be her Majesties collector, searcher and surveyor of her customs in this Colonie, which letter and commission was read in council.*

* There is, in Civil Officers, I. doc. 84, a copy of the acts of this session, which varies sornewhat in phraseology from the record. It is in the hand writing of Caleb Stanly, Jr.

[27] AT A GENERAL ASSEMBLY AND Court of ELECTION HOLDEN AT HARTFORD, MAY THE 13TH, 1708.*

Present,
The Honourable Gurdon Saltonstall, Esq", Governour.

Assistants present,
Maj. James Fitch, Capt. Daniel Wetherel, Nathaniel Stan-
ly, John Hamlin, Nathan Gold, John Chester, Josiah Rossi-
ter, Richard Cristophers, Peter Burr, John Alling, Esq's.
[45] Deputies present at this Assembly of May the 13th, 1708.
Capt. Cyprian Nichols, Capt. Aaron Cook, for Hartford.
Capt. Samuell Eells, Lt. Joseph Treat, for Milford.
Lt. Samll Smith, Mr. Abraham Bradly, for Newhaven.
Capt. Mathew Allin, Mr. John Eliott, for Windzor.
Ens. Theophilus Hull, Mr. John Burr, for Fairfield.
Capt. Jn° Clark, Mr. William Parker, for Saybrook.
Mr. Sam!! Hanford, for Norwalk.
Capt. William Eely, Mr. Joseph Peck, for Lyme.
Capt. James Averie, Lt. John Morgan for Groton.
Capt. Sam!! Hall, Mr. Jno Parker, for Wallingford.
Mr. William Gallop, Mr. Robert Denison, for Stonington.
Mr. John Sprague, Mr. Samll Huntington, for Lebanon.
Mr. William Malbye, Mr. Nathan Foot, for Branford.
Lt. Daniel Bruster, Mr. Caleb Fobes, for Preston.
Capt. Jonath. Sellick, Mr. Elisha Holly, for Stanford.
Mr. Jno Fellows for Plainfield.
Capt. Richard Bushnel, Lt. Solomon Tracie, for Norwich.
Lt. John Richards, Mr. William Duglass, for Newlondon.
Mr. Joshua Riply, for Windham.
[46] Capt. Abraham Fowler, Mr. James Hooker, for Gilford.
Mr. James Wells, for Haddum.
Capt. Jno Minor, Mr. John Sherman, for Woodbury.
Capt. Tho. Wells, Mr. William Warner, for Wethersfield.
Lt. Sam! Hale, Mr. Jonath. Smith, for Glassenbury.
Mr. Timothie Stanly, Mr. Thomas Jud, for Waterbury.
Mr. Sam!! Buel, Mr. John Griswold, for Kilinsworth.
Capt. John Higly, Mr. Nathan'l Holcom, for Sy msbury.
Capt. James Judson, Mr. Samll Hawly, for Stratford.
Mr. Josiah Starr, for Danbury.
Capt. John Hart, Mr. John Stanly, for Farmington.

* The Journals of the Upper and Lower Houses at this session are the earliest which are preserved. That of the Upper House is contained in eight leaves, and is mostly in the handwriting of Governor Saltonstall. The Journal of the Lower House fills but four leaves.

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