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istratrix of thesembly grants to Andrews

Thomas Olcott, Junr, 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

egin 2 be the Tuesday next preceding the first Thursday days sooner then formerly. in the months of May and October annually.

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.

ants to


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 Who to call and town affairs, or are members in full communion settle a minis

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, It is ordeined by this Court and the authoritie thereof, That

no person,except in his own case, shall be admitted

be to make any plea at the bar, without being first under oath.

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.

Atturnies t

* 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, juu. 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 admitted. 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.

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, Esq", Mr. Samll 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, 1707, 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.

It is ordered and enacted by this Court and the authoritie wwwn 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.

as a 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.

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

in 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- robotik; lished by law. I

[34] late King || William and Queen Mary, grant

ing 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

Act concern

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