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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, 1703. 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 Governor 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 varies somewhat in phraseology from the record. Stanly, Jr.

of the acts of this session, which

It is in the handwriting of Caleb

[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 Stanly, John Hamlin, Nathan Gold, John Chester, Josiah Rossiter, Richard Cristophers, Peter Burr, John Alling, Esqrs. [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. Sam 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. Sam 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. Jn 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" Holcom, for Symsbury.
Capt. James Judson, Mr. Sam 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.

Capt. Nathall White, Capt. John Hall, for Midltowne.
Mr. John Bowers, for Derby.

Capt. Sam Eels, Speaker.

Capt. Richard Bushnel, Clerk.

[27] This day being the day appointed by charter and the laws of this Colonie to be the day for election of publick of ficers for this corporation, viz:-Governour, Deputy Governour, Assistants, with a Treasurer and Secretary,-proclamation being made by order of the Governour and Council, the freemen of the corporation proceeded accordingly to give in their votes to persons chosen and appointed by the honourable the Governour, Council, and Representatives, to receive and sort them.

The persons chosen and appointed by his honour and Council are, Maj. William Whiting, Esq, Capt. Richard Lord, Gent.; and the persons chosen by the Representatives are, Capt. Cyprian Nichols, Capt. Aaron Cook, Lt. Joseph Treat, Capt. John Clarke, and John Burr.

The persons appointed to receive and sort the votes of the freemen had the following oath administred to them, viz:

You and each of you being appointed to receive, sort and count the votes that shall be brought in at this election for the choice of Governour, Deputy Governour, Assistants, Treasurer, and Secretary, do swear by the name of the everliving God, that you will faithfully, truely, and according to the best of your skill, perform the service now committed to you, and declare the names of the persons that shall be chosen to any of the aforementioned offices according to law. So help you God.

The persons appointed and sworn for the service, having received, sorted, and counted the votes exhibited, declare as follows, viz:

The Honourable Gurdon Saltonstall, Esqr, is chosen Governour of this Colonie for the year ensuing.

The Honourable Capt. Nathan Gold, Esqr, is chosen Deputy Governour of this Colonie for the year ensuing.

Major James Fitch, Capt. Daniel Wetherel, Nathan Stanly, John Hamlin, William Pitkin, Joseph Curtis, John Chester, Josiah Rossiter, Richard Cristophers, Peter Burr, Jno Alling, John Hains, Esqrs, are chosen to be Assistants in this Colonie for the year ensuing.

Capt. Joseph Whiting, Esq', is chosen Treasurer of this Colonie for the year ensuing.

Eleazar Kimberly, Esqr, is chosen Secretary of this Colonie for the year ensuing.

This day the Honourable Capt. Nathan Gold, Esq', took the Deputy Governours oath, administred to him according to law.

Also the assistants oath was administred according to law to the persons abovenamed that were chosen to that service, [27] excepting || only William Pitkin and Joseph Curtis, then absent.

Also the secretaryes oath was administred to the person chosen by the freemen for that service.

The Court adjourned to the fourteenth day at eight of the clock ante merid.

May 17th, the Governour took the oath proper for his office before both Houses.

Simon Chapman, administrator on the estate of Capt. Samuel Crosse, late of Windzor, deceased, making it evident that there is not sufficient personal estate for the payment of just debts This Court, upon his prayer, do grant him libertie to sell so much of the land belonging to the said estate as is necessary for discharging the debts of said deceased.

This Assembly doth establish Nathaniel Lomis to be Lieutenant of the trainband on the east side of the great river in Windzor.

Upon the petition of sundry inhabitants of the town of Norwalke, that they might have libertie to purchase of the Indians a certain tract of land bounded south on Norwalk bounds, northeast on Danbury, and west upon York line: This Assembly doth grant them libertie to purchase the said tract of land, provided it doth not prejudice any former grant; this Assembly reserving to themselves a power for the settlement and alotment of the land so to be purchased among the petitioners and such others as the said General Assembly shall judge meet.

Whereas the inhabitants of the western farms belonging unto the town of Fairfield, did petition that they might have libertie to provide an orthodox minister of the gospel amongst them to carry on the worship of God: This Court do recommend the matter contained in this petition to the reverent elders in the countie of Fairfield, to consider whether the libertie desired may be subservient to the end proposed, viz., the advancement of religion; who are hereby desired to report their thoughts therein to the General Assembly at Newhaven in October next, for their further direction and order therein.

This Court, upon the prayer of the inhabitants of the town. of Mansfield, do grant them freedom from paying of rates to

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