Who to call and

settle a minister.

It is ordered and enacted by this Assembly, That the major part of the inhabitants of any town, plantation, or societie, qualified as the law directs to vote in all other town affairs, or are members in full communion with the church in the said town or societie, that shall be present at a town or societie meeting legally warned, shall have power by the major vote of them so met to call and settle a minister; and the minister so called and settled shall be the minister of such town or societie, any law, usage, or custom to the contrary notwithstanding. And all agreements respecting the settlement and maintenance of such minister by the major part of the persons qualified and met as aforesaid, shall be binding and obliging to all the inhabitants of such town or societie, and to their successors, according to the true intents and purposes thereof.

For the better regulating proceedings and pleas at the bar of the several countie courts or courts of assistants within this government,

under oath.

It is ordeined by this Court and the authoritie thereof, That no person, except in his own case, shall be admitted Atturnies to be to make any plea at the bar, without being first approved of by the court before whom the plea is to be made, nor until he shall take in the said court the following oath, viz:

You shall do no falshood, nor consent to any to be done in the court, and if you know of any to be done you shall give knowledge thereof to the justices of the court, or some of them, that it may be reformed. You shall not wittingly and willingly promote, sue or procure to be sued any false or unlawful suit, nor give aid or consent to the same. You shall delay no man for lucre or malice, but you shall use yourself in the office of an Atturney within the court according to the best of your learning and discretion, and with all good fidelitie, as well to the court as to the client. So help you God.*

The administration and taking of which oath shall be registred by the clerk of the said court, and be a sufficient proof of his admission as an atturney to the bar of the said court.

*At the Court of Assistants held October 5th, 1708, Jeremiah Osbourn, Esq. of New Haven, Mr. Jonathan Law of Milford, and Mr. John Parker of Saybrook, were admitted attorneys at the bar; on the 6th Mr. Richard Edwards of Hartford, and Mr. James Rogers, jun. of New London, Mr. John Read of Stratford, and Mr. Thomas Turnour of Scituate were admitted; on the 7th, Capt. William Ely of Lyme, and on the 8th, Lieut. James Bennett of Stratfield, were adimitted. At the next term, May, 1709, Mr. Roger Wolcott of Windsor, and Mr. Ebenezer Pumery of Northampton, were admitted, and for manifest contempt of the court Mr. John Read was admonished by the governor, as chief judge, and forbidden to plead until he should make an acknowledgment to the acceptance of the court, which he did October 5, 1709. Record Co. of Assistants, II.

49

This Assembly doth grant unto Mr. Hezekiah Tallcott, Joseph Seaward, Caleb Seaward, David Robison, John Sutliff, Sam Fairchild and James Wadsworth, together with the rest of the inhabitants and proprietors in the township of Durham, (excepting the town of Killingworth or any proprietors of land in Durham that are inhabitants of Killinsworth and concerned in the agreement hereafter mentioned,) their heirs, successors and assigns, that tract of land lying and being between the township of Midltowne and the townships of Gilford and Killinworth and the township of Haddum and the township of Wallingford, the said tract of land being bounded [33] as followeth: to the east || or eastwardly by the township of Haddum aforesaid, to the west or westwardly by the township of Wallingford aforesaid, to the north or northwardly by the township of Midltowne aforesaid, to the south or southwardly by the townships of Gilford and Killinsworth; together with all and singular rights, priviledges, profits, members, and timber, timber trees, wood, underwood, mines, minerals, (reserving only the fift part of the silver and gold oar to her Majestie,) stones, quarries, waters, water courses, and all other appurtenances thereon or thereunto belonging, or in any wise thereunto apperteining, to be by the major part of the said inhabitants and proprietors (excepting as above expressed,) granted and disposed of, not prejudicing former grants of farms unto particular persons, particularly not to prejudice the farms formerly laid out to Sam" Willis, Esqr, Mr. Sam Tallcott, and Mr. John Whiting, as they were lately surveyed anew by Will. Thomson, surveyor of the countie of Newhaven, October the 17th, 1704, which said farms are hereby saved to the said original grantees or those that now claim under them, all the owners of the aforementioned farms within the said township to allow necessary highways through said farms; also not prejudicing articles of an agreement made and concluded January the 29th, 170, by committees impowered by the said towns of Killingworth and Durham. Also this Assembly doth grant unto the said inhabitants, viz. unto those of them which are or shall hereafter be qualified according to law, annually, (being regularly called together,) the libertie of choosing their own ordinary officers, as fully and amply as any town in this Colonie of Connecticutt, and the said officers being so chosen and qualified according to law shall have power to act within their own precincts as fully and amply as officers in any town in this Colonie. And this Assembly doth also order that the abovesaid persons shall for themselves and the rest of the inhabitants in the said township of Durham, their heirs, successors and assigns as abovesaid, shall have a

patent for the more full and ample confirmation of the said tract of land together with all and singular the rights and privileges thereon or thereunto belonging, as above is mentioned; the said patent to be signed by the honourable the Governour and Secretary, in the name and behalf of the Governour and Company.

Constables to

It is ordered and enacted by this Court and the authoritie thereof, That if any minister within this government, collect minis- settled, or that shall be settled therein according ters salleries, to the law for the settlement of ministers, shall in case, &c. seasonably any year by a signification under his hand manifest his desire to the treasurer of the Colonie that the maintenance which the town is to pay such minister may be inserted into the countrie rate, and paid by the order of the treasurer: the treasurer upon such signification to him made shall, in his warrant to the constable of said town for the gathering of the countrie rate, add so much more on the pound as will amount to the said maintenance, and the whole shall be gathered by the constable into the countrie treasury as other countrie rates; and the treasurer shall give order for the said maintenance to be duly paid to the said minister, any former law or usage to the contrary notwithstanding. Always provided, that where there is two ministers in one town, such town shall be exempted.

Dissenters from

lished by law.

And it is further enacted, for the ease of such as soberly dissent from the way of worship and ministrie established by the antient laws of this government, and still continuing, That if any such persons shall at the countie court of Act concerning that countie they belong to, qualifie themselves the way of wor according to an act made in the first year of the ship here estab[34] late King || William and Queen Mary, granting libertie of worshipping God in a way separate from that which is by law established, they shall enjoy the same libertie and priviledge in any place within this Colonie, without any let, hindrance and molestation whatsoever. Provided always, that nothing herein shall be construed to the prejudice of the rights and priviledges of the churches as by law established in this government, or to the excusing any person from paying any such minister or town dues, as are now, or shall hereafter be due from them.

And it is also hereby enacted, That if any person shall after the publication of this act, come to any church or congregation, either established by the laws of this Colonie or allowed by this act, and disquiet and disturb the same, or misuse any preacher or teacher, such person or persons upon proof thereof

before any assistant or justice of peace by two or more sufficient witnesses, (as the aforesaid statute provides in such case,) shall find two sufficient sureties to be bound by recognizance in the penal sum of fiftie pounds for his appearance at the next countie court to be held in the countie where the said offence is committed, and in default of such sureties shall be committed to prison, there to remain till the said countie court, and upon the conviction of the said offence at the said countie court, shall suffer the pain and penaltie of twentie pounds (the penaltie in the said statute for such offender,) to the treasury in this Colonie.

Ordered by this Assembly, That the town of Durham do belong to the countie of Newhaven.

This Assembly upon the motion and desire of the inhabitants of Newlondon and the arguments by them insisted upon, do grant to the said inhabitants one hundred pounds in pay out of the next countrie rate, towards the settling of a minister there.

Act to invigor

rate church discipline.

This Assembly, from their own observation and from the complaint of many others, being made sensible of the defects of the discipline of the churches of this government, arising from the want of a more explicite asserting the rules given for that end in the holy scriptures, from which would arise a firm establishment amongst ourselves, a good and regular issue in cases subject to ecclesiastical discipline, glory to Christ our head, and edification to his members, hath seen fit to ordein and require, and it is by authoritie of the same ordeined and required, that the ministers of the churches in the several counties of this government shall meet together at their respective countie towns, with such messengers as the churches to which they belong shall see cause to send with them, on the last Monday in June next, there to consider and agree upon those methods and rules for the management of ecclesiastical discipline which by them shall be judged agreeable and conformable to the word of God, and shall at the same meeting appoint two or more of their number to be their delegates, who shall all meet together at Saybrook, at the next Commencement to be held there, where they shall compare the results of the ministers of the several counties, and out of and from them to draw a form of ecclesiastical discipline which by two or more persons delegated by them shall be offered to this Court at their sessions at Newhaven in October next, to be considered of and confirmed by them, and that the expence of the above

mentioned meetings be defrayed out of the publick treasury of this Colonie.

Whereas divers rude and evil minded persons for the sake of filthie lucre do frequently receive from Indians, malattoes and negro servants, money and goods stolen or obteined by other indirect and unlawful means, thereby incouraging such servants to steal from their masters and others: for redress whereof,

Act for the

punishment of

those that receive money from negroes, &c.

[35] Be it enacted by the Governour, Council and Representatives, in General Court assembled, and by the authoritie of the same, That every free person whomsoever, which shall presume either openly or privately to buy or receive of or from any Indian, molato or negro servant or slave, any goods, money, merchandize, wares, or provisions, without order from the master or mistress of such servant or slave, every person so offending and being thereof convicted, shall be sentenced to restore all such money, goods, wares, merchandizes, or provisions, unto the partie injured, in specie, (if not altered,) and also forfeit to the partie double the value thereof over and above, or treble the value where the same are disposed of or made away. And if the person so offending be unable, or shall not make restitution as awarded, then to be openly whipt with so many stripes (not exceeding twentie,) as the court or justices that have cognizance of such offence shall order, or make satisfaction by service. And the Indian, negro, or molatto servant or slave, of or from whom such goods, money, wares, merchandizes or provisions shall be received or bought, if it appear to be stolen, or that shall steal any money, goods, or chattells, and be thereof convicted, although the buyer or receiver be not found, shall be punished by whipping not exceeding thirtie stripes, and the money, goods or chattels shall be restored to the partie injured, if it be found. And every assistant and justice of peace in the countie where such offence is committed, is hereby authorized to hear and determine all offences against this law, provided the damage exceed not the sum of fortie shillings.

And whereas negro and molatto servants or slaves are become numerous in some parts of this Colonie, and are very apt to be turbulent, and often quarrelling with white people to the great disturbance of the peace:

It is therefore ordered and enacted by the Governour, Council and Representatives, in General Court assembled, and by the authoritie of the same, That if any negro or malatto servant or slave disturb the peace, or shall offer to strike any white per