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the countrie for the term of six years, provided they improve the money which ought to be paid to the countrie for the building of a meeting house or ministers house.

This Court, upon the prayer of the Reverend Mr. James Noyes, do grant him two hundred acres of land, if it can be found without prejudicing any former grant of this court.

This Court, upon the petition of the inhabitants of the village called the Great Swamp, in the township of Farmington, do grant them release from the payment of countrie rates for four years.

This Court do allow Joshua Hemstid of Newlondon, twentie six shillings and eight pence pay, for his travail and attendance at this court upon the citation of John Edgcombe of the same town.

Upon the consideration of the petition of Mr. Isaac Wheeler of Stratfield, it appearing that the matter alledged in the [29] plaint, || viz., that the said Wheeler desired an appeal from the judgment of the countie court in Fairfield, March the 9th, 170g, in the case between the said Wheeler and Isaac Hall, Sen', of Fairfield, and that the same was granted, though by some means or other not entred: The question was put whether the prayer in this petition for the appeal mentioned shall be granted: resolved in the affirmative, and this court doth grant the appeal of the petitioner to the next court of assistants.

This Assembly doth establish Timothie Thrall to be Captain of the company on the north side of the little river in Windzor.

At this Assembly allowed to Mr. Richard Lord twelve shillings and six pence in pay, for his attendance on this court upon the citation of Sam Willis, Esq', the said Sam withdrawing his prosecution.

This Assembly approves of the division of the train soldiers in Newlondon, made by the honourable the Governours direction.

This Court do establish John Hough, Captain, Robert Lattimer, Lieutenant, and Clement Minor, Ensign, of the south and eldest company in Newlondon.

This Court do establish John Prents, Captain, John Richards, Lieutenant, and Joseph Harris, Ensign, of the north company of Newlondon.

This Assembly doth desire and consent that our honoured Governour take upon him the care of the militia in this time of war as Commander in-chief; particularly to give all neces

sary orders to put our militia in warlike posture, and that all inferior officers do their duty; and if any shall presume to refuse or neglect to obey such orders, that other meet and suitable persons be commissionated by him as shall attend their duty, and that such vacancie be supplied by him in the intervales of the General Assembly as he shall find neces

sary.

This Assembly having considered the motion of the Treasurer made to them, do order that he shall pay the remaining provision of the last countrie rate which is yet in his hand in any part of the colonie, unto several persons within the said colonie to whom they are indebted, both for salleries or other debts of what kind soever; and after all the debts are discharged due from the colonie as aforesaid, and there be any provision yet remaining, the treasurer shall turn it to money to the best advantage for the colonies use.

This Assembly grants libertie unto Lydia Crane, widow and relict of Israel Crane, late of Wethersfield, deceased, to sell so much land belonging unto the estate of her said husband as shall be thought necessary by the court of probates in the countie of Hartford, for the payment of his just debts, and

no more.

This Court having resolved to hear, and accordingly heard, the complaint or information of John Ranny of Midltown, against Mr. John Hamlin and Capt. Nathan White of Midltown, wherein they are charged by him to have falsified in their evidence given in upon their office oath at a countie court held at Hartford, April 8th, 1707, do find that the said Capt. John Hamlin and Capt. Nathan White are not guiltie of the abovesaid charge, and order the said Rannye to pay them costs. And forasmuch as the said John Ranny hath falsely accused and greatly defamed the abovesaid Capt. Hamlin and Capt. White, who are persons in civil authoritie, which greatly aggravates his offence, therefore this Court see cause to sentence him for the same to pay as a fine to the colonie treasurie, the sum of five pounds, and that he find sureties for his appearance at the next General Court to be holden at [30] Newhaven, || in October next, and for his good behaviour in the mean time, in the sum of one hundred pounds, and stand committed until this sentence be complyed with.

Sergt. Thomas Griswold is by this Assembly established to be Ensign of the trainband on the south side of the little river in Windzor.

This Assembly grants to the inhabitants of Groton the libertie of a new election of their military officers.

This Assembly desireth the honourable the Governour, with such gentlemen as his honour shall see cause to take with him, to go to Stonington and to make an equal division of the trained soldiers there between the two companies, if there be a sufficient number for two companies; otherwise to make up Capt. Cheesbrows company full, and the remainder to belong to the north company, in case it appears to his honour and the gentlemen with him that it is not so already, any former acts to the contrary notwithstanding; and all persons concerned in said companies, are hereby ordered to attend his honour the Governours order in the premises.

Ensign Hezekiah Willis is by this Assembly established to be Captain of the trainband on the south side of the riverett in Hartford, and Sergt. James Steel to be their Ensign.

The Colonie Treasurer informing this Assembly that he ordered Sam More, constable of Windzor, with the other constables in the said town, thirtie one pounds, &c., to be paid to Capt. Benjamin Newbury, and that said Sam More, constable, gave him an account of four pounds nineteen shillings more then he had paid to said Capt. Newbury, as he saith appears by said Newburyes account, whereby it is evident so much remains yet due to said Newbury: The Treasurer desiring direction in the abovesaid case: it is ordered by this Court, that the treasurer shall distrein the said sum, or so much as doth appear to be due, out of the estate of the said More.

Ordered by this Assembly, That the Treasurer shall go to the several towns in this colonie, and make up the accounts with the constables of said town for the rate granted in October last, for which service he shall be allowed out of the Colonie treasury the sum of fortie pound.

Whereas it seems expressed in the law that the charge of the prosecution of delinquents shall be first paid by the countie and colonie treasurie, and so is accordingly practised, and afterwards by the delinquents to the treasury, which is rarely put in execution, whereby the said treasury is unjustly charged:

It is now ordered and enacted by this Assembly, That the necessary charges of prosecution in case of delinquency shall be born and satisfied by the said persons so prosCharge of prosecuting delin- ecuted for delinquency, any law to the contrary quents, how de- notwithstanding; except where it shall appear to the court or justice that there was no reason or cause for any such prosecution or information.

frayed.

Thomas Olcott, Jun', is by this Assembly established to be Ensign of the trainband on the east side of the river in Hartford.

[31] Shoball Dimmuck is by this Assembly released from the place of Lieutenant of the trainband in Mansfield, and Mr. Thomas Huntington is appointed to be Lieutenant of the said company in his place.

Lieut. Abraham Chalker is by this Assembly, upon his request, released from his commission of Lieutenant of the trainband in Saybrook.

Upon the petition of Deborah Whelply of Fairfield, widow, administratrix of the estate of her deceased husband, Joseph Whelply, this Assembly grants to the said widow, with the advice of her brother in law, John Andrews of Fairfield aforesaid, joynt administrator of the said estate with the said widow, free libertie and full power to confirm to Nathan Nichols of the said town one acre and half and three rods of land lying at Compowe in the said town, by deeds under their hands and seals, to have and to hold the said lands unto the said Nathaniel Nichols and to his heirs forever; the said Joseph Whelply having sold the said land unto the said Nichols in his life time, and received the price agreed upon, but was prevented by death from giving deeds thereof.

Mr. John Eliott of Windzor, offering to this Assembly that he will undertake to make pitch in considerable quantities: for his incouragement in the design, which may be for publick advantage, this Assembly, upon the desire of the said John Eliot, grants to him, his executors and assignes, the sole privilege of making pitch within this government for the term of ten years next ensuing the present sessions of this Assembly; reserving only to masters and owners of vessells trading into this government liberty to boil up tar for the use of their vessells, and to other persons for their own private use. And this Assembly doth grant to the said undertakers, that if any pitch shall be made in this government by any persons, except for private use as aforesaid, whereby the said undertaker, his executors or assignes, shall be more or less obstructed, hindred, or disadvantaged, and the intent and good meaning of said grant frustrated, it shall be lawfull for said John Eliott, or his assignes, by warrant from authoritie, directed to any officer or indifferent person, to seize said pitch, one half for his own use, and the other half to the use of the Colonie, to be tried and condemned in any of her Majesties courts within this colonie. Provided always, and the condition of this grant is, that the said Mr. Eliott do set about and effect the said

undertaking within the space of two years after this present sessions of this Assembly.

John Ranny of the town of Midltown, in his case contra Capt. Jno Hamlin and Capt. White of the same town, impudently declaring in the presence of both houses and at the bar in these terms, viz: A great many are against me, and the judges are against me for ought I know, was thereupon committed by order of the Governour in the presence of the Assembly.

This Court order that the said John Ranny, for the crime abovementioned, shall pay a fine of five pounds to the Colonie treasurie, and give bond with sufficient sureties to the sum of one hundred pounds for his appearance at the next General Assembly, and for his good behaviour in the mean time, and also to stand committed till this sentence shall be fullfilled.

This Assembly, being very sensible of the uncomfortable state of New Haven, by reason of the unhappy differences between the said town and the village, and greatly desirous to have the said differences reconciled, do order and appoint Joseph Curtis, Richard Cristophers, Esqrs, and Capt. Abraham Fowler, with Mr. Peter Burr and Mr. John Sherman of Woodbury, a committee to hear the parties, and indevour, if possi[32] ble, to bring them to a good agreement, and make a true report to the General Assembly in October next, that further measures, as the necessitie of the case requires, may be taken, and all to be at the charge of Newhaven.

This Assembly, upon the desire of the volunteers, do grant that the plantation formerly given to them shall be called Volluntown.

Whereas it is found by experience, that by reason of the multiplicitie of business and the shortness of the time between the day of the first sessions of the court of assistants and the sessions of the General Assembly not being sufficient to hear and conclude the same: for the enlargement of the time,

It is now ordered and enacted by this Assembly, That the Court of Assist- day for holding the said courts of assistants shall ants to begin 2 be the Tuesday next preceding the first Thursday then formerly. in the months of May and October annually.

days sooner

Whereas Daniel Clarke of Hartford, locksmith, hath presented a petition to this court, complaining therein against the act of the court of assistants, May the 4th, 1704, for committing him to gaol without law, as he conceives: This Assembly judge the said act of the said court of assistants was agreeable with the law.

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