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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 bim 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 metliod 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, 1714.
Present, The Hon ble Gurdon Saltonstall, Esq', Governour.
Daniel Wetherell, Esq”,

Jonathan Prentts, } Esg". Richard Christophers, Esq', Assistant. John Plumbe,

Christopher Christophers,

John Pickett. 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, ihat 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 sball 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 of 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 f Misdemeanors, II., 129, 130, 133-141.

ERRATA.
Page 86, line 8, for maintaing read maintaining.
Page 197, line 3 from bottom, for Harries read Haines.
Page 330, line 4, for ordereed read ordered.
Page 488, line 11, for [289] read (290.]
Page 498, line 27, for Nr. read Mr.
Page 534, bottom line, for 1812 read 1712.

IN THE PRECEDING VOLUME. Page 441, the list of Farmington should be £08026 188. instead of £080261 18s., as printed.

INDEX.

Abby, Obadiah, 304.

Alling, John, 85, 196, 267, 449, 494; pres-
Abeel, Mr., 188.

ent in court, 1, 16, 29, 37, 40, 66, 107, 113,
Acadia, expedition against, (1707,) propo 162, 169, 275, 393, 451,519, 672; in coun-
sed, 17.

cil,'14, 254-69, 289-91, 366, 450, 476; in
Accounts, public: signing of bills on the nomination, 6, 81, 70, 114, 171, 276, 347,

treasurer regulated, 3, 22, 30, 236, 281; 403, 453, 522, 876; elected assistant, 19,
receipts to be taken on payment of pub-1 41, 89, 142, 206, 309, 364, 425, 491, 547;
lic debts, 71; when to be made up with judge of county and probate courts, 20,
the treasurer, 85; for 1709 and 1710, how 63, 94, 144, 219, 333; of probate court,
liquidated, 136, 186; salaries and public 446, 508, 566; disabled, 569; auditor, 22,
debts to be reduced when paid in bills 63, 108, 158; committee, 25, 38, 137, 150,
of credit, 128; appointment of commit 166, 186, 354.
tee on, 137.

Allyn, Ann, 372, 454: _ Benjamin, 166,
Actions, civil: costs in, regulated, 21; reg- 372, 454: — Elizabeth, 262: -

ulation of proceedings in, 106; regula- | George, lieutenant, 521: — Gideon, 34,
tion of appeals and reviews, 134; sure 146; ensign, 316: - Col. John, 65:
ties on mesne process in, 152; levy of - Jonathan, 494: - Joseph, 441:
executions, 223; penalty for transgress — Mathew, 16, 155, 178, 311, 341, 454,
ing rules of pleading, 233; entering up

470, 511, 548, 586; in nomination, 6, 31,
judgment on default, 384; acts concern 70, 114, '171, 276, 347, 408, 453,522, 676;
ing small causes, 436, 558; personal ac deputy for Windsor, 16, 40, 66, 90, 108;
tions, where to be heard and determined, assistant, 143, 206, 310, 365, 425, 491,
529.

647; in council, 15, 200, 289-91, 295, 339,
Adams, Benjamin, 210: Eliphalet, 358, 360, 386, 410-12, 476, 640, 568;

559: _ John, 339; deputy for Canter present in court, 162, 169, 205, 244, 275,
bury, 546: Joseph, deputy for Can 293, 308, 345, 363, 393, 423, 451, 489,519,
terbury, 490; lieutenant, 620: Samuel,

546, 671; justice, 20, 62, 93; judge, coun-
225; deputy for Canterbury, 206, 363, ty court, 565; of council of war, 32, 87:
424, 452, 490, 519, 572: — William, 18. colonel in expeditions, 93, 168; com-
146; lieutenant, 168.

mittee, 163, 161, 174, 309, 326, 369, 501,
Addington, Isaac, 67, 390, 399.

529, 547; to lay out equivalent lands,
Addresses to Queen'Anne, 92, 246, 286, 480, 488, 541: Robert, 148: _
410; to King George, 452, 544.

Samuel, 155: --- Thomas, 151, 155.
Adgatt, Thomas, Ensign, 426.

Ambler, John, 211; deputy for Stamford,
Adkins, Joanna, widow of Josiah, 480. 1 206, 245, 276.
Agent in England, letters sent to, 8, 199, Amos, John, v. Plainfield, 172.

204, 360, 415, 570; letters received from, Anderson, Thomas, 488, 484.
90, 144, 171, 410, 450; Gov. Saltonstall | Andrew, Samuel, 13, 61, 682.
appointed, 139; governor desired to go Andrews, Andrus, Abraham, deputy for
to Boston respecting the agency, 291; Waterbury, 308: _ Elizabeth, 373,
affairs of agency left with the council, 604: - John, 46, 186; ensign, 505:
326; money to be sent to, 413, 414, 523; - Nathan, justice, 20, 62, 94, 219;
commission relative to ports to be given deputy for New Haven, 66; in council,
to, 355; instructions sent to, approved,

255: — Solomon, 13, 28, 163: -
861, 522.

Stephen, 386.
Aguntus, 10, 101.

Appeals, the assembly think they cannot
Albany, letters sent to, 16; soldiers to ren-1 oblige persons to answer, before the
dezvous at, 248; governor going to, 266, queen in council, 161; in civil actions,
272

regulated, 134; from prerogative courts,
Alford, Benjamin, justice, 94: — Jane, 283; from acts of commissioners of sewa
262: Mary, 264, 302, 304.

ers, 221.
Allen, Allin, John, 13, 14, 306.

Appaquaug, 870.

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