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"ges, shall h Worship of the laws of thynship, that she

mation about eight or nine miles in length and five or six miles in breadth, be the same more or less.

Always provided, That no person now inhabiting on said land, or any other persons dwelling without this colonie who have purchased any lands within the said township, that shall not give due obedience to all the laws of this colonie for the upholding the worship of God, and paying of all publick charges, shall have no benefit by this act. And provided also, that no township nor any persons who have heretofore had any lands lying within the said township granted to him and legally laid out, shall be any ways prejudiced by this act nor any part thereof. And this Assembly desires the Honbl Governour to commissionate Lt. Aspinall or some other suitable [42] || person to train and command the souldiers in the said township, and to give a name to the said town, and also appoint the figure of a brand for their horses. It is also desired that the Honbl Governour, Maj. Fitch, and Mr. Richard Cristophers, or any two of them, shall give advice and direction for the calling and settling of a minister in the said town as need shall require.

And this Assembly grants to the Governour two hundred acres of land within the said township, provided he take it up where it may not prejudice any former grants.

And it also provided, that what countrie lands lye within the aforesaid tract granted to be a township not already laid out, those that have countrie grants have libertie to take them up, provided they do it within one year next coming.

Capt. John Chandler is appointed to bound out the said lands.

And this Assembly leaves it to the Honbl the Governour, with the Secretary, to sign a pattent unto Coll. Robert Treat, Maj. James Fitch, Capt. Daniel Wetherel, Mr. Joseph Hains, Mr. Sam!! Andrew, Mr. George Denison, Mr. James Dalison, David Jacobs, Sam" Randall, Peter Aspinall, Joseph Cady, in behalf of the rest of the proprietors; provided it wrong no person or persons just and legal rights.

This Assembly grants to our Honbl Governour eighty pounds in pay, to be paid out of the present countrie rate if it be to be had, if not, then to be paid out of the next countrie rate.

This Court do recommend to the ministers of the gospel in the several plantations within this government, that in their respective plantations whereunto they belong they do annually preach unto the freemen thereof, on the day of election as in the law stated, a sermon proper for direction in the choice of civil rulers, that being the proper work of the said day ; and that a signification hereof be sent by the secretary to the reverend ministers, at their respective countie meetings on the last Munday in June next ensuing the present session of this Assembly.

This Assembly having heard Abigail Thomson, a prisoner condemned by the court of assistants holden in Hartford, the second day of May, Anno Domini, 1706, to suffer the pains of death, by her council offering reasons against the sentence of the said court being executed upon her, do upon the consideration of the said reasons conclude, that seeing the case of the said prisoner is attended with great difficultie, the court will take further time to advise thereupon, until the General Assembly in October next. And this Court desire the Governour to procure the best advice that may be had in the case against the said next General Assembly.

This Assembly grants to Capt. Sam" Eels fortie shillings in pay, for his good service as Speaker this sessions.

At the same time granted to Richard Buslinell, Clerk, thirtie shillings in pay. At the same time granted to the consta[43] bles three shillings and six || pence per day in pay, for their attendance upon the Lower House, viz: to Thomas Butler three shillings and six pence per day in pay for ten days attendance, to Sam" Webster three shillings and six pence per day for three days.

Justices of the Peace and Quorum appointed by this Assembly in the countie of Hartford are, Lt. Joseph Tallcott, Mr. Richard Lord, Mr. John Eliot, Capt. Mathew Allin, Capt. Robert Wells, Mr. John Hooker. Justices of the Peace appointed by this Assembly in the same countie are, Lt. James Treat, Capt. Nathan White, Capt. Thomas Hart, Capt. John Higly, Mr. Thomas Jud, Capt. John Chapman, Eleazar Kim- . berly, Mr. Josh. Riply, Mr. John More, Lt. James Wells.

Justices of the Peace and Quorum appointed by this Assembly in the countie of New Haven : Mr. William Malbie, Capt. Thomas Clarke, Capt. Sam" Eels, Capt. Nathan Andrews, Capt. Abraham Fowler, Lt. Joseph Treat. Justices of the Peace appointed in the same countie : Abraham Bradlye, John Hall.

Justices of the Peace appointed and of the Quorum in the countie of Newlondon: Mr. Ephraim Minor, Mr. Nehemiah Smith, Capt. Richard Bushnell, Capt. William Ely, Mr. Nathan" Lynde, Mr. Dan" Tayler. Justices of the Peace appointed in the same countie : Capt. Nathan" Cheesbrough,

Capt. James Morgan, Capt. Benjan Brewster, Mr. William Clarke, Vr. Samuel Buel, justice of peace.

Justices of the Peace and Quorum appointed in the countie of Fairfield : Capt. John Wakeman, Capt. Mathew Sherwood, Capt. James Olmstid, Capt. James Judson, Capt. John Minor, Capt. Jonath. Sellick, Mr. Jno Sherman. Justices of the Peace appointed in the countie of Fairfield : Deacon Sam" Hayt, Mr. James Beebe, Mr. Sam" Peck, Mr. Ebenez: Mead.

Eleazar Kimberly, Esqr, is appointed to be Judge of the Countie Court and Court of Probates in the countie of Hartford.

Peter Burr, Esqr, is appointed Judge of the Countie Court in the countie of Fairfield. The Honbl Deputy Governour is appointed to be Judge of the Court of Probates in Fairfield countie.

Capt. Dan" Wetherel is appointed Judge of the Countie Court and Court of Probates in the countie of Newlondon.

John Allin, Esqr, is by this Assembly appointed Judge of the Countie Court and Court of Probates in the countie of Newhaven.

This Assembly grants libertie to the train band in the town of Lebanon to proceed to a new choice of officers, viz: Captain, Lieutenant, and Ensign.

This Assembly, upon the desire and motion of Lt. Sam" Howard, being under great indisposition of body and thereby rendered uncapable of service in the post of Lieutenant, do grant him libertie to lay down his commission.

Auditors appointed by this Assembly are, Mr. John Eliott for Hartford, Mr. John Alling for Newhaven, Mr. Richard Cristophers for Newlondon, Mr. Elisha Holly for Fairfield.

Allowed to Saybrook men for cost of attendance at this Assembly upon the citation of the inhabitants of Haddum, one pound fourteen shillings and six pence.

Ordered and enacted by this Court and the authoritie thereof, That all such actions as are or may be depending by review or

appeal at the court of assistants at Newhaven, Act concerning which before the sessions of this Assembly was actions depending by review [44] by || law to be holden on the first Thursday in the court of in October next, shall be brought and entred at assistants in Newhaven. the court of assistants at Newhaven, which, by a

law made in the present sessions, is appointed to be held on Tuesday before the aforesaid first Thursday in October ; and all persons concerned therein are required to take notice thereof and conform themselves.

by review

hier [44] by store the sessit assistants

Eleazar Kimberly, Esq", is by this Assembly appointed Judge of the Countie Court and Court of Probates in the countie of Hartford.

This Assembly, upon the petition of Jacob Root and the rest of the inhabitants of the town of Hebron, do grant to them the priviledges of a town, that they may choose town officers and be enabled to raise money for civil and religious uses.*

Whereas it is found by experience that the late law, relating to fence reviewers, made in October, 1704, impowering fence viewers to impose fines for defective fence, as in the manuscripts, doth not answer the end designed, viz., securing the common fields :

It is therefore ordered and enacted by this Court, That the aforesaid law be repealed, and it is hereby made void. And Act concerning it is also ordered and enacted by this Court, that fence viewers. the whole of the laws for fence viewing, as they are standing in the print, in all and every part, is hereby revived, and shall be of full force, any law, usage, or custom to the contrary notwithstanding.

Ordered and enacted by this Court and the authority thereof, That the Treasurer shall send forth his warrants as well for the levying that part that belongs to the listers, upon the additions they make to the list, according to law, as that which belongs to the colony, and order the constables to pay the same to the listers, and make up accounts with the constables for it, as the rest of the rate.

The whole Record of the several Acts, Graunts and Orders of this Assembly, as they stand in the pages of this book next preceding, was read in the presence of both Houses, and ordered to be signed by the Secretary as compleat and perfect.

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-- - ----* The remainder of the record of this session is in the handwriting of Governor Saltonstall; and from the close of this session to the close of the session in November, 1711, the record is in the handwriting of Caleb Stanly, jun.

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[45] AT A COUNCIL HOLDEN AT HARTFORD, IN HER MAJESTIES

COLONY OF CONNECTICUTT, MAY THE 19TH, 1708. Major Edward Palmes, Esq”, exhibited at this board an order from her Majestie in Council, bearing date the 29th day of April, annoque Dom., 1707, requiring the Governour, Council, Judges, and others, who usually grant letters of administration in the several Colonys of Connecticut, Massachusetts Bay, Rhoad Island, and New York, to grant the said Edward Palmes administration to his late wife Lucy, one of the daughters of John Winthrop, Esq", deceased.

Her Majesties order was read in Council.

Ordered by the Honble the Governour and Council, that an attested copie of her Majesties said order be lodged in the office of record of the Council.

AT A COUNCIL HOLDEN AT HARTFORD, IN HER MAJESTIES COLONY

OF CONNECTICUTT, MAY THE 28th, 1708. Ordered by the Honbl the Governour and Council, That Nathanael Stanly, Esq”, John Haynes, Esqr, and Eleazar Kimberly, Esq', or any two of them, do view the records of the acts of the court of assistants, which have been lately drawn into the books of the records of that court by Caleb Stanly, junr, of Hartford, by the desire of the late Honbl Governour Winthrop, deceased, (and which Colonel Allyn, late secretary, neglected to do,) and sign an order to the treasurer of this colony to pay the said Caleb Stanly for his labour and pains therein, out of the colony treasury.

And also that the said gentlemen do consider the trouble and charge that Mr. Ichabod Wells, sheriff of the county of Hartford, hath been at, in order to the execution of Abigail Tompson the prisoner, and to sign an order to the treasurer to pay him a just satisfaction for the same out of the colony treasury.

And also that the same gentlemen do reckon and adjust the colonys accompts with Capt. Williamson, and sign an order to the treasurer to pay him what is due to him.

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