582 estates, unless the said town of Kellingly shall cause a true list under the hands of qualifyed listers to be returned to the secretary, to be entered in the general roll of lists, on or before the last day of January next. Upon consideration of the petition of the inhabitants at the village of East Haven: This Assembly find upon examination that the last act of this Assembly, dated October, 1710, determines them to have no other powers then those that are common to other parishes, and therefore are of opinion that the law does not put the care of the poor into their hands, but into the town of New Haven. Resolved by this Assembly, That the town of Canterbury are hereby assessed at four thousand pounds, to be set in the general list of estates, unless the said town of Canterbury do cause a true list of their estate under the hands of qualifyed listers to be returned to the secretary on or before the last day of January next. The petition of the north east parish in New Haven, to have twelve families of the town adjoyning to them added to their parish, is granted with this proviso, that what act or acts about setting the meeting house and settling a minister are already passed among them be void. And provided also, that if the honourable Deputy Governour, and the Reverend Mr. Samuel Andrews be obtained to advise relating to these affairs, and if they cant bring them to an agreement, that then they shall have power to determine all difficulties that may arise in providing for the settling of a worthy minister among them, and the place for building a meeting house. [64] This Assembly grant Mr. Jonathan Law, Speaker, for his good service in the post of a speaker, twenty five shillings, to be drawn out of the publick treasury. This Assembly grant Mr. John Hooker for his good service in the post of a clerk this session, twenty shillings, to be drawn out of the publick treasury. This Assembly grant Hez. Wyllys, Secretary, the sur eight pounds, to be drawn out of the publick treasury, fo service in that post for this present year. arge up kt, de It is enacted by the Governour, Cou in General Court assembled, and by That all swine going sufficiently ring'd a field or particular i of such swine shall notwithstanding t or custom to the nd Repre Mori s before to the rein, as eld that which all the ody, not i. Woodwhether between of them the said ber upon .it, might iments or than what of the said have taken overy of their to or requiring nd provided, in At of the lessee; mprove the said If to have by the o the contrary he derwise; and that ament, thô in oppoas an offender and kept out of the said ans whatsoever. argued, this board, conot provide in particular shall be done upon any vement, have thought it subject in general, and of h respect to the tenement for the prevention of the by (till further provision may es justices of the peace, that scourage and prevent, as much hereafter be attempted, to the and the said Waterman in parat upon complaint made to them, enquire into any such force, which reign lord the King, may be made cts, and bind such offenders to the AT A MEETING OF THE GOVERNOUR AND COUNCIL IN NEW LONDON, JANUARY 8TH, 1719. Present, The Honble Gurdon Saltonstall, Esq, Governour. Daniel Wetherell, Esq', Christopher Christophers, Richard Christophers, Esq, Assistant. John Pickett. Upon complaint of John Waterman, that having possession by lease bearing date November 6th, 1716, from Mr. John Woodward, of a piece of land in Norwich, unfenced, and being on the said land to cart from it a load of firewood, Simon Tracy of said town, under colour of a warrant from Mr. Justice Bushnell, dated December 6th, 1716, did on the 18th of said December, hinder him from loading, and with the assistance of others pulled the wood out of his cart; which said Wa[92] terman opposing || them in, and warning the said Tracy not to obstruct him, was therefore, under colour of another warrant from said Bushnell, dated the 26th of said December, carried before Mr. Justice Clark of Lebanon, and there by said Clark on the first of this present January, bound over to the county court at New London in June next, and bound to the peace; by which force he is still hindred from making use of the said land, as by his said lease he may lawfully do; copies of the warrants and process before the said justices respectively being produced to this board. Upon the consideration of these proceedings, which appear to be extraordinary, and very different from the common method in cases of waste, even when unlawfully made by any tenant, and tending to the hinderance and wrong of his Majesties subjects, by putting them off their tenements and hindering their improvements, unless there be great and sufficient reason for it: For the remedying of which disorders, it is thought proper and resolved, that the clerk of the council do signifie to the said justices the above complaint, in a letter, with direction that they attend this board on the 15th instant, and give a right understanding of their proceedings above referred to. AT A MEETING OF THE GOVERNOUR AND COUNCIL IN NEW LON- Present, The Honble Gurdon Saltonstall, Esq, Governour. Richard Christophers, Esq', Assistant. Jonathan Prentts, Esq. John Plumbe, Christopher Christophers. [93] Upon the order of the 8th instant, Mr. Justice || Bushnell and Mr. Justice Clark, having heard read to them the complaint of Mr. John Waterman, presented on the 8th instant, together with the copies of the writs occasioning the said complaint, as also the process before Mr. Justice Clark against the said Waterman, binding him to the peace, together with the evidence upon which he proceeded therein, as also the lease whereby the Reverend Mr. John Woodward held that parcel of land from William Hide, Caleb Bushnell and others, which Mr. Justice Bushnell ordered the sheriff or his deputy to seize all the wood upon, whether standing or fallen, and hold it in his custody, not suffering any person to remove it, and a lease from the said Mr. Woodward to the said Waterman of the said land,-were asked, whether they knew of any writings, instruments, covenants or compacts, between the said Woodward and Waterman, or between them or either of them and any other persons, by which such a proceeding against the said Waterman by ordering an officer to seize all the trees and timber upon his tenement, and not suffer him to make any improvement of it, might be warranted, declared they were privy to no such instruments or covenants, writings or compacts whatsoever, nor any other than what was produced and read. It was thereupon laid before them, that if the owners of the said land suffered any waste contrary to the lease, they might have taken the proper method, by an action of trespass, for the recovery of their just damages; and that any writ whatsoever directing to or requiring any other method of proceeding than such as the law had provided, in such cases, was unwarrantable, and contrary to the right of the lessee; and that the lessee had a just right to occupy and improve the said tenement, according to the power he supposed himself to have by the [94] lease, whatever obstructions or || prohibitions to the contrary he might meet with, as well under colour of law as otherwise; and that the said Waterman, for so improving the said tenement, thô in opposition to any such force, ought not to be look't upon as an offender and bound to the peace, and ought not to be forcibly kept out of the said improvement, as being faulty therein by any means whatsoever. These things being discussed and thoroughly argued, this board, considering that the local laws of this Colony do not provide in particular any method for the removing of such force that shall be done upon any person on his lawful possession and improvement, have thought it necessary in protection of the right of the subject in general, and of the said Waterman in particular, and with respect to the tenement specially referred to in his complaint, and for the prevention of the like for the future, to direct, and do hereby (till further provision may be made by law,) direct all his Majesties justices of the peace, that they by all suitable means labour to discourage and prevent, as much as in them lies, all such force as may hereafter be attempted, to the disturbance of his Majesties subjects, and the said Waterman in particular, in the said tenement; and that upon complaint made to them, or any of them, they do carefully enquire into any such force, which contrary to the peace of our sovereign lord the King, may be made upon any of his Majesties subjects, and bind such offenders to the peace. [95] AT A MEETING OF THE GOVERNOUR AND COUNCIL IN NEW LONDON, FEBRUARY THE 19TH, 1719. Present, The Honble Gurdon Saltonstall, Esq', Governour. Daniel Wetherell, Esq', Richard Christophers, Esq', Assistant. Christopher Christophers, John Pickett. Jonathan Prentts, Esq". John Plumbe, The Governour signified, that he had been informed that some persons, pretending authority from the General Court, had been laying out a township east of Enfield and north of Tolland, and south of the Colony line, bringing on inhabitants, selling lots to them, and proceeding therein notwithstanding the said land had never been granted by the General Assembly to any person for the use of a town, or any other use; and produced a letter to the purpose aforesaid from Roger Woollcot, Esq, one of the assistants, in his own name and with the concurrence of William Pittkin, Joseph Tallcot, and Mathew Allin, Esq", assistants: For the preventing of which proceedings, and such mischiefs as may arise therefrom, Resolved, that a proclamation be issued out and published forthwith in those parts, signifying that such proceedings are without the privity of the government; that the land is still in the grant of the government; and that orders are given out for the apprehending of all persons, who, in pursuance of such evil designs, shall commit any trespass thereon.* Resolved, that a direction be made to the assistants in the county of Hartford, or either of them, that they take effectual care, that all persons who shall be found to do any trespass on the said land be taken [96] into custody and give bond to appear before the next || General Assembly, or otherwise secured in order to their appearing there, to give account of their so doing to the said Assembly in May next. The township was what is now Stafford; Major Fitch claimed the land by an Indian title. A printed copy of the Governor's proclamation is in Crimes Misdemeanors, II. 129; It was answered by a counter proclamation from Major Fitch, in which he says," As to a kind of a proclamation lately come forth from the Honourable Governour and Council, in February last, I had thought to have taken it to pieces, and I think I could have done it and cut it in as many pieces as the protestant did the popish wooden god," and ends, "God save the King, and the Colony of Connecticut from self defining and self seeking men." An information was exhibited against Mr. Fitch in the General Assembly, in May, 1717; he made a written acknowledgment that he had acted indiscreetly and disrespectfully to his Honor the Governor, asked pardon and promised better behavior, whereupon he was discharged, though the Upper House wished to punish him. Papers relating to the affair are in Crimes & Misdemeanors, II., 129, 130, 133–141. |