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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. This Assembly, from their own observation and from the

complaint of many others, being made sensible of Act to invigor- the defects of the discipline of the churches of rate church discipline.

A 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

ceive money

&c.

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, [35] Be it enacted by the Governour, Council and Representatives, in General Court assembled, and by the authoritie of the Act for the

the same, That every free person whomsoever, which punishment of shall presume either openly or privately to buy or those that re- receive of or from any Indian, molato or negro from negroes, 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 person, and be thereof convicted, such negro or molatto servant or slave shall be punished by whipping, at the discretion of the court, assistant, or justice of the peace that shall have cognizance thereof, not exceeding thirtie stripes for one offence.

Allowed by this Court to Captain Thomas Hart, Lt. John Stanly, Jonathan Smith and Capt. John Hart, atturnies for the town of Farmington, for cost of their attendance at this Assembly upon the citation of the proprietors, inhabitants of Midltowne, is thirtie shillings in pay and three shillings and six pence in money.

This Assembly grants a levie on all the particular proprieties of lands situate within the township of Durham, towards the defraying of publick ministerial charges in the said township.

Ist. That the farms laid out and situate on the northwest part and southwest part of said bounds of Durham, (namely the farms formerly granted and surveyed to Major Nash of Newhaven, and Mr. Pierson of Kilinsworth,) be assessed at one pennie per acre by the year for the space of four years next ensuing the date hereof.

2ly. That all the remainder of particular impropriations be assessed at two pence per acre for the four ensuing years of the date hereof, this act having no reference to the proprietie of the town of Killingsworth notwithstanding [36] Capt. John Wakeman of Fairfield being disabled by bodily illness to attend the service of commanding the trainband in Fairfield, in the place of captain, this Assembly doth release him from that service and establish his brother, Joseph Wakeman, to he captain of that company. It is ordered and enacted by this Assembly, That for the

future each representative of the several towns Act concerning deputies allow within this Colonie shall be allowed for their sev

eral travails post wages, and for their attendance at the several general sessions by the day as is already stated, any former law or custom to the contrary notwithstanding.

Ordered and enacted, voted and concluded by this Assembly, That the Council assigned to assist the Governour, or in his absence the Deputy Governour, in the intervale of the Assembly, shall consist of two of the Assistants at the least and four able, judicious freemen, such as the Governour, or in his absence the Deputy Governour, shall call to Council ; who shall have power in the intervale of the General Assembly to manage the affairs of this Colonie, according to charter; they not

ance.

to raise men to send out of the Colonie, unless in case of exigence, nor to raise money.

Ordered by this Assembly, That Major William Whiting shall make an equal division of the trainbands in Hartford, (if it be not already made,) and to state their limits according to law.

Ordered, enacted and concluded by this Assembly, upon the petition of several inhabitants of Lebanon, representing their want of a minister, That the reverend elders of the countie of Newlondon, who are appointed by this Court to meet at Newlondon the last Munday of June next ensuing the sessions of this Court, shall take effectual care to invite and call a person to officiate in the work of the ministry there if they are not provided with one before. And the person whom they shall so call to that service, and who shall attend the same, shall be the minister of the said town, and as such be maintained and supported in that service, till they do agree to call and settle a minister among themselves.

Several of the inhabitants of Stratford laying before the Governour and Council at Newhaven in October last, the sorrowful circumstances of their town with reference to their differences and difficulties about settling a minister, and the method then proposed by the Governour and Council for their relief not being attended, and their unhappy difficulties in that regard still continuing:

It is ordered and enacted by this Assembly, That the elders of the countie of Fairfield who are appointed to meet at Fairfield the last Munday of June next ensuing the sessions of this Court, shall take effectual care to invite and call some suitable person to officiate in the work of the ministrie there. And the person whom they shall so call to that service, and who shall attend the same, shall be the minister of the said town and as such [37] || be maintained and supported in the service of the said town according to the laws of this government, till they do agree to call and settle a minister among themselves.

Whereas defamation and slander is a growing evil amongst us:

It is therefore ordered and enacted by the Governour, Council and Representatives, and be it enacted by the authoritie of the same, That whosoever shall defame or slander any person or

in persons whatsoever, and be legally convicted punishment of thereof before any court in this Colonie, shall pay defamers and the sum of fiftie shillings as a fine to the publick

es ac treasury of the countie where such offence is committed ; and the person or persons slandred shall have such

Act for the

sland

costs and damages as the court and jury that have cognizance of said case shall judge to be reasonable and just, any law or custom to the contrary notwithstanding.

This Assembly grants to the petitioners hereafter named, that all that tract of land lying on the west side of Stratford or Potatuck River, bounded easterly on Stratford and part of Fairfield, westerly upon Danbury and a line running from the southeast corner of Danbury, paralell to the east line of said town, to Fairfield bounds, northerly upon Newmilford purchase and Potatuck River, shall be one intire town, called by the name of Newtowne; and do appoint and impower Joseph Curtis of Stratford, Esqr, Capt. Joseph Wakeman of Fairfield, Mr. John Sherman of Woodbury, and Mr. Thomas Taylor of Danbury, a committee to survey the said tract of land, and consider what number of inhabitants the said tract of land will conveniently accommodate, and accordingly determine where the town plot shall be, and lay out a suitable number of homelots, and order all the prudentials of the said town until such time as the General Court shall order otherwise. All the charge the said committee shall be at, to be paid by the said petitioners or such of them as shall take up the said land according to the conditions hereinafter exprest. This Court do also grant to the said petitioners that each one of them shall have for himself, his heirs and assigns forever, an equal part and proportion of all the common land within the said tract not already taken up according to former grant from this government, the proportion to be made according to the number the said. committee shall appoint and determine the whole tract will accommodate; alwayes provided the said petitioners shall and do by themselves or their assignes enter upon the said land within four years after this sessions, and continue to dwell as inhabitants there at least four years; and if any of the said petitioners shall not so enter and continue upon the said land, it shall be in the power of the General Court to admit others in their stead, and so many more as the said tract of land will suitably accommodate. This Court do also grant to the said petitioners free libertie to purchase for the use of the said town any part or parcel of the said tract of land that may be claimed by the Indians; and the several persons that have already taken up any quantitie of land within the said tract of land according to former grant from this government, shall have a right and priviledge as the rest of the inhabitants of the said town, at all times, in all the lands that shall lie common within the said town, in proportion according to the quantitie of land they have so taken up.

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