ajesty, or the late queen, to any of the said plantations, or to-any persons in them, should be utterly void, and of none effect. It further enacted, that all such power, authority, privileges, and jurisdictions,

should be, and were re-united, annexed to, and vested in Book I. his majesty, his heirs and successors, in right of the crown *^-^s~+s of England, to all intents and purposes, as though no such 1704. Charters or letters patent had been had or made.*

Sir Henry Ashurst, viewing the act as unjust, and sub- Petition versive of the civil and religious rights of the colony, pre- a?a>n»ttlie ferred a petition to the lords spiritual and temporal in parliament assembled, representing that said bill would do great injustice to the inhabitants of Connecticut: That it would make void the charter granted to the colony by king Charles the second: That the government was, by said charter, granted to them, and was so interwoven with their property, that it could not be taken away, without exposing them to the utmost confusion, if not to utter ruin: That the inhabitants had never been accused of mal-administration, piratical or unlawful trade; and that theft1 case was different from his majesty's other plantations in America. He, therefore, humbly prayed to be heard, by his council, at the bar of the house, in their behalf.t In consequence of this, it was granted, May 3d, 1701, that the petitioner should be heard against the bill.

Sir Henry was a faithful man, had honourable connections, and his influence at court was very considerable. He raised all the opposition to the passing of the bill in his power. Representations were made, not only of the Reasons ample rights and privileges granted to Connecticut, byagaip»t't« charter, but that they were granted for important conside-passingrations, and particular services performed: That the inhabitants, at great expense and danger, had purchased, subdued, and planted an extensive country; had defended it against the Dutch, French, and other enemies of the nation; had enlarged his majesty's dominions, and increased commerce: That the charter not only gave the inhabitants powers of government, but secured the title of their lands and tenements; and that, in these views, the passing of the bill would be an act of great injustice; would be ruinous to the colony, and prejudicial to the general interest. It was insisted, that it would be still more arbitrary and unjust, as the colony had not been even accused of maladministration, piratical or illegal practices, or so much as heard on the subject. It was pleaded, that the colony had ever been loyal and obedient, and if any irregularities, or inadvertencies should finally be found in the government, it would, on the first notice of it, undoubtedly be reformed. At the same time, the taking away of so many charters, was, at once, calculated to destroy all confidence In the Copy of the bill on file. t Petition on file.

Book I. crown, in royal patents and promises; to discourage all *^~v~^/ further enterprise, in settling and defending the country: 1704. to create universal discontent and disaffection in the colonies ; and to produce effects much more prejudicial to the nation, than any of those which were then matter of complaint. It would, also, afford a precedent most alarming to all the chartered corpora trans in England. These variftraiicw- ous considerations operated so powerfully against the bill, ries. that it could not be carried through the houses. Enemies of Governor Dudley and lord Corhbury, however, were the colony not discouraged. They determined to make a more open eouraeed. art<^ powerful opposition to the charter rights of Connecticut. And they determined, as much had been made of this argument, that Connecticut had never been accused of mal-administration, piracy, or any illegal trade, to remove it out of t-he way, by a direct impeachment of the They are colony of high misdemeanors. They were both powerful powerful, enemies. Governor Dudley was not only a man of great intrigue, but had a party at court, who were men of art and influence. Lord Cornbury was nearly related to her majesty, queen Anne, and had many noble connections, whose weight with her royal person and the court, was not inconsiderable. Exclusive of these, the colony had enemies among themselves. Nicholas Hallam, major Palms, captain Mason, Daniel Clark, and others, had either appealed to England against the colony, or were scheming to possess themselves of large tracts of land, and, for thas purpose, were encouraging the Moheagan controversy. Hallam had .appealed to England against the colony, and lost his case. The king, in council, had established the judgment given against him in the courts of Connecticut. Major Palms, who had married the daughter of John Win-> throp, Esq. the first governor of Connecticut, under the charter, had imagined himself injured by the administrators on the governor's estate, and had brought an action against them. Losing his case before the courts in this colony, he had appealed to England. He was particularly irritated against the colony, and against his brother in law, Fitz Unite their John Winthrop, Esq. then governor of the colony. These influence malcontents ail united their influence, by the grossest misagtunst the representatjOns, and all other means in their power, to in,""' jure the colony in its most essential interests.

Lord Cornbury was poor, and not unwilling, by any means, to get money. He had made a demand of four hundred and fifty pounds upon the colony, for the defence of New-York. Connecticut judged, that it was not their duly to comply with his demand, as their expenses already were as great as the colony was able to bear.

Dudley and Corn bury, therefore, proceeded to draw up Book I. articles of complaint against the colony. Dudley employ- \^r-v^*> ed one Bulkleyto write against the government. He drew 1701. up a large folie book, which he termed the Doom or MiseRies of Connecticut. In this, he not only exceedingly misrepresented and criminated the colony, but expatiated on the advantages of a general governor of New-England, and highly recommended the government of Sir Edmund Andross.*

Among other complaints, the principal articles particu-Comlarly charged, were, summarily, these: That the governor P1*TM19 did not observe the acts of trade and navigation, but en- 1 couraged illegal commerce and piracy : That the colony was a receptacle of pirates, encouraged and harboured by the government: That the government harboured and protected soldiers, seamen, servants, and malefactors, wfio made their escape from other parts, and would not deliver them up, when demanded. It was, also, charged against the colony, that it harboured great numbers of young men, from Massachusetts and New-York, where they were obliged to pay taxes for the expenses of the war, and induced them to settle there, principally, because it imposed no taxes for that purpose: That the colony would not furnish their quota for the fortification of Albany and New-York, and the assistance of Massachusetts Bay, against the French and Indians: And that, if any of her majesty's subjects, of the other colonies, sued for debt, in any of the courts of the cdony, no justice could be done them, if the debt were against any of its inhabitants. It was also charged, that Connecticut, under the colour of their charter, made capital laws; tried murders, robberies, and other crimes, and punished with death and banishment; and that their courts of judicature were arbitrary and unjust: That the legislature would not sufler the laws of England to be pleaded in their courts, unless it were to serve a turn for themselves: That they had refused to grant appeals to her majesty, in council, and had given great vexation to those who had demanded them: That the government had refused to submit to her majesty, and to his royal highness's commission of vice admiralty, and for commanding its militia; and had defeated the powers which had been given to the governors of her majesty's neighbouring colonies, for that purpose. Finally, it was charged, that the legislature had made a law, that Christians, who were not of their communion, should not meet to worship God, without license from their assembly, which law extended even to thn » Letter of Sir Henrj Asharst, on file.

Book I, church of England, as well as to christians of other deno

S^-n^-^ minations tolerated in England.

1704,* While governor Dudley was thus attempting the ruin of the colony, in the court of England, he kept up the appearance of the most entire friendship towards it, in this country ; and in a letter, of about the same date with his complaints, thanked the legislature for the great supplies which they had given him and the colony.

Moheagan The general assembly had appointed the most respecta

affair. ble committees, and taken great pains to compromise all difficulties with Owanecoand the Moheagans ; and though they had made repeated purchases and obtained ample deeds of their lands, yet, rather than have any uneasiness among the Indians, they offered Owaneco such a sum of money, to make him easy, as was entirely satisfactory to him ; but Mason and the other malcontents, who wished to possess the Indian lands, would not suffer him to accept it, and frustrated all attempts for an accommodation.

While Mason and other enemies were practising their arts, in Connecticut, Hallam, assisted by Dudley and his party, with other malcontents, on both sides of the water, was making grievous complaints, in England, of the injns tice and cruelty of the colony towards Owaneco, in driving him from his lands, and depriving the Moheagans even of their planting grounds. It was pretended, that, in the late grant and patent to the town of New-London, the legislature had conveyed away all his lands in that quarter, whereas particular care was taken, both in the grant and patent, to secure all the property and privileges of the Moheagans. The assembly had taken the most faithful and tender care of them, from the first settlement of the colony to that time. According to their agreement with major Mason, then deputy governor of the colony, when he resigned the Moheagan land to the assembly, they granted him a farm of five hundred acres, and it was laid out to him at a place called, by the Indians, Pomakuk. They had also reserved a fine tract of land, of between four and live thousand ac^es, to the Moheagans to plant on, which was much more than sufficient for that purpose. But thq representations, which these evil minded men were constantly ranking to Owaneco and his people, at some times, made them uneasy, and some of them probably imagined, that they were really injured. At the same time, the affair was so represented in England, as made impressions on the minds of many very unfavorable to the colony.

*n ^n's situation of affairs, Hallam, assisted by the malin fa- contents in England and America, preferred a complaint and petition to her majesty, queen Anne, representing, that Book I. the sachems of the Moheagan tribe of Indians were the ^x-v-x^ original and chief proprietors of all the lands in thecolo- 1704. ny : That they were a great people, and had received and vor of the treated the first planters in a peaceable and friendly man- ^j^** ner: That, for an inconsiderable value, they had granted their lands to them, reserving to themselves a small parcel only for planting ground; and that the general assembly of Connecticut had passed an act by which they had taken that from them, which, until that time, they had always enjoyed. For these reasons, it was prayed, that her majesty would appoint commissioners to examine into all these matters, and into all the other injuries and violences which had been done to the Moheagans, and to determine respecting them according to equity,

Her majesty, imposed upon and deceived by these rep-Her maresentations, and not waiting to give the colony an oppor-Jestr aPtunity to be heard, on the 19th of July, 1704, granted a [^nUcommission to Joseph Dudley, Esq. the great enemy of the sioncrs te colony, Thomas Povey, Esq. lieutenant governor of Mas- hear the sachusetts, major Edward Palms, and others, to the num-case. ber of twelve, authorizing them to hear and determine the whole affair, reserving liberty to either to appeal to her majesty in council.

At the session in May, a respectable committee was appointed, with ample powers, to examine into all the complaints of Owancco and the Moheagan Indians, and to report to the assembly in October. The committee appointed time and place, and attempted to accomplish the business, for which they had been appointed ; but captain Mason, whom Owaneco had chosen for his guardian, had art enough to frustrate the design. He made a journey to Boston, at the very time, and Owaneco would do nothing without him. In the mean time, the commission was granted by the queen, and the colony were unhappily drawn into a long and expensive controversy.

The Masons claimed the lands purchased by their ancestor, deputy governor John Mason, by virtue of a deed given to him by Uncas, in 1659, while he acted as agent of the colony, and denied the legality of the surrender which he had made of them, in the general assembly, the next year. They insisted, that it respected nothing more than the jurisdiction right, and that the title to the soil was vested in their family, as guardians or overseers of the Indians. While they pretended great concern for the Indians, their sole object was to hold all those lands, included in said deed, for themselves and others, who had united with them in prosecution of the affair against the colony.

Book I. -Sir Henry Ashurst, wishing to preserve the important

\^-v^*~< privileges of the colony, had taken pains to postpone the

1705. hearing of the complaints against it, as far as possible,

that the governor and company might have intelligence

c6ncerning them, and send their answer; but, on the 12th

Hearing of of February, 1705, -the hearing came on, before her ma

the com- jesty in council. Governor Dudley and Lord Cornbury

I,a1i!ttSa~ had spared no pains to carry their point before her majes

Connecti- ty- Dudley had been careful to procure and lay before

cut before her an opinion of the attorney general, inking William's

t"nos6*" re'&nt " that lie mignt send a governor to Connecticut." Further, to prepare the way for the decision which he wished, he procured another opinion of the attorney and solicitor general, respecting the case of Connecticut, as it then appeared, " that if it were as governor Dudley had represented, there was a defect in the government: That the colony was not able to defend itself, and in imminent danger of being possessed by the queen's enemies: And that, in such case, the queen might send a governor, for civil and military government ; but not to alter the laws and customs."

Her majesty had directed Sir Henry to appear and show reasons, if any he had, why she should not appoint a governor over the colony. He considered every thing dear to it at stake, and therefore made exertions in some measure proportionate to the magnitude of the cause. Lord Paget, a man of great influence, was his brother by marriage, and he was related to, or intimately connected with other principal characters at court. He made all the interest, and obtained all the influence which he possibly could, either by himself or his connections, in favor of the colony. He obtained two of the best council in England; both parliament men, possessing an estate of a thousand pounds a year. He stood firm against all the charges of Dudley, lord Cornbury, Congreve, and others, against the colony, and by his counsel, for an hour and an half, defended it against all the art and intrigue of its adversaries, and all the law learning and eloquence of the attorney and solicitor general.*

Pleadings ^s Connecticut was entirely ignorant of the charges

invinoVa- . . . . . ,J ** . . . ". ,

tionofthft brought against it, and no information or evidence could colony. be thence obtained, Sir Henry and his council were necessitated to employ such means as were in their power. They amply stated the rights and privileges granted by the royal charter, the territory it conveyed, and the powers with which it vested the governor and company. They * Lettcr of Sir Hepry Ashurst, February 15th, 1705, on file.

showed, that these patents were confirmed by a non ob- Book I. slante, and always to be construed in the most favorable ^x-vx-^' light for the grantees. It was demonstrated, that the leg- 1705. isTature were vested with ample powers to make laws, criminal and capital, as well as civil; to inflict banishment, death, and all other capital punishments, in all capital cases, no less than in others. It was also represented, that the governors, or commanders in chief, were, by charter, vested with plenary powers to assemble in martial array, and put in warlike posture the inhabitants of the colony, for their defence, and to commission others, for the like purposes. It was also clearly shown, that, by charter, they had the same right to fish, trade, and do all other business, and enjoy all other privileges, by land and sea, which any other of her majesty's subjects had a right to do, or enjoy. It was, therefore, urged, that all those matters, charged against the colony, respecting their making capital laws, and inflicting capital punishments, whether death or banishment, were no crimes ; but things which the legislature not only had a right, but were bound in faithfulness to do, as circumstances might require. For the same reason, it was also insisted, that the colonies claiming a right to command their own militia, and defeating the designs of the governors of the other colonies, who wished to command it, were no crimes. It was insisted, that doing them was no more than defending themselves in the enjoyment of their legal rights.

With respect to the irregularity and injustice of the courts in Connecticut, it was observed, that general charges deserved no reply : That it did not appear, that what was charged was any thing more than mere hearsay and clamor. But it was pleaded, that, on the contrary, they had substantial evidence of the justice of the courts in Connecticut. That several appeals had been made, to her majesty, from the judgment of those courts : That these had been different cases, and in every instance, the judgments given by the courts in Connecticut, had been approved by her majesty, and the lords committee of council. This, it was said, was a notable evidence of their justice ; and that, so far as appeared, there had been no injustice or irregularity in any one court in the colony.

With respect to governor Dudley's complaint, that Connecticut did not furnish the men which he demanded, and that of lord Cornbury, that it did not comply with his demands for money, it was answered, that it did not appear, from the charter, that the colony was obliged to comply with those requisitions : That the governors of other coloBook 1. nies had no right to command the legislature and people of <^-v~v^ Connecticut: and that they were under no obligations to 1705, obey them, any further than it should be required by her majesty. It was further observed, with respect to the money, that it appeared from his lordship's letter, that the general assembly of Connecticut had taken the requisition into their consideration, and had determined to know her majesty's pleasure, before they gave away their money. It was affirmed, that there was nothing disloyal in such a determination : That the colony had a right to grant, or not to grant their money, as they judged it expedient or not: That they had a right to know the purpose for which they granted it; and that their referring it to her majesty's pleasure, was an implication of their obedience to it, whenever it should be known.

With reference to Connecticut's harboring deserters, malefactors, pirates, and the like, it was observed, that it was a general charge of little weight, and deserved no answer. It was affirmed to be a common thing, even in England, for soldiers and others to go from one country into another, and not to be found ; yet it might not be any crime or fault in the country where they secreted themselves. As to captain Matthews finding two soldiers at Stamford, and sending for major Silleck to secure them, it did not appear that there was the least fault in the major.- It was evident, from his lordship's letter, that he went to Stamford, that the soldiers were brought, and that, while the major and Matthews were conversing together, in a private room, they made their escape. It was said, it might be more the fault of Matthews than of Silleck ; for it did not appear that Matthews was kept there by any force or constraint, but was examining into the affair, or talking generally upon the subject.

With relation to the complaint of lord Cornbury, in his letterof June, 1703, " that he labored under great misfortunes, in relation to the neighboring provinces: That the coast of Connecticut is opposite to two thirds of Long-Island ; by which means they filled all that part of the island with European goods, cheaper than their merchants could, because they paid duties, and those of Connecticut paid none ; nor would they be subject to the acts of navigation; by which means there had been no trade between the city of New-York and the east end of Long-Island, from whence the greatest part of the whale oil came ; and that it was difficult to persuade those people that they belonged to that province," it was replied, that there appeared to be no 4ault in Connecticut in this respect. It was maintained.

that the inhabitants had a right to trade where they pleas- Book I.
ed, if it were not repugnant to the laws of England. It al- ^r^~t^/
so was pleaded, that there was no evidence, that they had 1705.
been guilty of any illegal trade or practices; and that they
were a poor people, and carried on little trade.

In a letter of the same date with the former, his lordship had observed, " that he was satisfied this vast continent, which might be made very useful to England, if right measures were taken, would never be so, till all the propriety and charter governments were brought under the crown." To this it was replied, that this might, or it might not be the case : that the same, as circumstances might be, might be said of all the charters in England. It was however insisted, that the words sounded harsh, and had an ill relish.

It was, however, much insisted on, that the attorney and solicitor general had reported, " that her majesty might appoint a governor for Connecticut." To this, the council for the colony answered, that the report was hypothetical, .

founded on the supposition that the colony was not able to defend itself, and was in danger of falling into the hands of her majesty's enemies; but that there was no evidence of these facts. It did not appear, they said, that Connecticut was in a more defenceless state, or in greater danger of becoming a prey to her majesty's enemies* than any of the other colonies. It was pleaded, that the attorney and solicitor general had not reported, that either of these was the case, and therefore their opinion could not be made a plea for sending a governor to Connecticut.

Further, it was strenuously maintained, that it was an essential right of every individual and corporation, to be heard before they were condemned; and that the governor and company of Connecticut ought to be heard upon the articles exhibited against them, before any judgment be formed respecting them. It was observed, that governors, who, by enlarging their own territories, might increase their honors and profits, were apt to complain: that they were under peculiar temptations, especially at such a distance, where it was so difficult to make enquiry and obtain the truth: that there was more reason to suspect the governors complaining, than the governor of Connecticut, who acted with a council and an assembly. It was therefore affirmed, that there was every reason, that the colony should be heard in its own defence. If either the governor of New-England or New-York were impeached, and the same complaints made against them, said the counsel, which they have brought against Connecticut, her majesty would do nothing with respect to them, until thry had been heard.

Cn
j

\
41S iflSTORY OP

Book I. It would be contrary to all law and reason ; much more <>-v~+~/ so, to treat a whole colony in this manner, in a case in 1705. which their charter might be forfeited, and their fortunes ruined. It was observed, that governors appointed during pleasure, often committed barbarous acts to enrich themselves ; and that they had nothing to lose but their office ; whereas the colony of Connecticut was of great substance, and had every thing to lose : that even in ordinary cases, in which the character and property of one man only were concerned, nothing was determined, but upon sufficient evidence, given upon oath, and that it could never be reasonable to condemn a colony upon mere suggestions: that it might appear, u-pon a full examination, that the governor of Connecticut was much better qualified to govern, than the governor of New-York or Massachusetts. It was theretore pleaded, that the articles of complaint might be sent to the governor and company of Connecticut, and that they might have an opportunity to- answer for themselves: that there could be no danger in this; and if any irregularities should be found, in the management of their government, they would most certainly reform and obey her majesty's commands.*

llcrmajes- Upon this full hearing, it was determined, that the lords ty'sdeter- of trade should draw out the principal articles of complaint, min*tl°n and send a copy of them to the governor of Connecticut, Connect!- a»(J to tne two principal complainants, governor Dudley, cut, Feb. and lord Cornbury, and that Connecticut should send their 12,1705. answer, with evidence respecting the several articles, legally taken, and sealed with the public seal of the colony. Governor Dudley and lord Cornbury were also directed to transmit their evidence of the articles charged, publicly and legally taken.

Frustrates By tnis means, Dudley, Cornbury, and their abettors of Dudley' werc caugnt 'n 'heir own snare, their selfishness and dupliaml Corn- city were made to appear, in a strong point of light, and bury. their whole scheme at once totally ruined* They were totally unable to support the charges \vhich they had brought against the colony. At the same time, the legislature of Connecticut could produce the most substantial evidence, that the very reverse of what had been pretendFacts res- ed, was true. They had the last, and this year between C ^VC an^ s'x hundred men in actual service. Four hundred of this number had been employed, principally in the defence of Massachusetts and New-York. The committee of war, consisting of the governor, most of the council, and

* Case of Connecticut stated, and pleadings before her majesty, February 12th, 1705, ou file.

other principal men in the colony, had met, with officers Book L and commissioners from Massachusetts, and most harmoni- v^-v^/ ously united with them in opinion, and measures for the 1705. common defence. The legislature were not only able to prove these facts from the records of the colony, and from the resolutions of the committee of war, but, what was still more confounding to governor Dudley, to produce a letter (ofhis, under his own hand and signature, acknowledging their generous and prompt assistance in the war, and thanking them for the aid which they had given him.* They produced substantial evidence, that when Xhey had scarcely two thousand pounds, in circulating medium, in the whole colony, they had, in three years, expended more than that sum, in the defence of her majesty's provinces of Massachusetts and New-York. They were able to evince, that they had shewn the utmost loyalty and attachment to the queen ; been punctual in their observance of the acts of trade and navigation ; had not been pirates themselves, nor at any time harboured pirates, deserters, servants, or criminals among them.

With respect to appeals to her majesty, the legislature affirmed, that they had not refused to admit them, only in cases in which proper security, or sufficient bondsmen had not been offered. In the appeals of major Palms, which seem to have been the orJy instances of which complaint had been made, the court judged, that the security offered was insufficient. The men, who offered themselves to be bound, appeared to have little or no property. As to the vexations com plained of, these respected the obtaining of copies of the judgments of the courts in his case. It seems he applied to the assembly for them, but the assembly declined giving them, insisting, that it was not their province to give copies of the doings of other courts. He was therefore referred to the courts in which the judgments had been given.

In the appeals of major Palms, and in all other instanc«s, the judgments of the courts in Connecticut were finally established. Upon a full examination of the complaints, they appeared not only groundless, but invidious. The loyalty, justice, and honor of the colony appeared more conspicuous than they had dYme before : but it was some time before the evidence of the true state of the case could be collected and transmitted to England,

Meanwhile Dudley and Cornbury never lost sight of

* They were able to produce letters of thanks, from the commanding officers, ministers, and principal gentlemen in the county of Hampshire, for Uie assistance which they had given them. Those letters are Dow on lilc.

Book I. their object, but vigorously prosecuted the design of sub^-v-^> verting the government. There had been, nearly fifty 1705. years before, a law enacted against the quakers, btu it does not appear, that it had ever been acted upon, in Connecticut, and was, at that time, become obsolete. It appears, by a letter of the governor's, to Sir Henry Ashurst, that he did not know of one person, then in the colony, who was acknowledged to be a quaker. But governor Dudley, by some means, obtained a copy of the law, and procured a publication of it in Boston. The knowledge of it was communicated to the quakers in England, and they were spirited up to petition for a repeal of the law of ConnectiQuakrrs cut against the quakers. A petition, about the beginning Ser'oTa"*° of April, was preferred to her majesty, on the subject, rejesty. citing said law, and representing, that it was calculated to extirpate their friends from that part of her majesty's dominion, and praying that she would disallow the said law. Sir Henry Ashurst presented a petition to the lords of trade and plantation, to whom the petition of the quakers had been referred, praying them to advise her majesty to come to no determination on the subject, until the colony should have notice of the petition, and have time to send their answer. He represented, that the law was made against Adamites and Ranters : That it was become obsolete, and quakers lived as peacrvably in Connecticut, as in any of her majesty's plantations. He represented to their lordships, that there had been more complaints exhibited against this poor colony, in three or four years, without any crime proved, than had . been before from the time of its first settlement, which made him believe, that there were . disaffected persons, who were attempting, by all means, } to make them weary of their charter government: That before the appointment of a certain governor for New-Engiand, the colony had enjoyed uninterrupted peace, for many years, and would have done to that time, had it not been for his misrepresentations. He assured them, that he had been informed, that governor Dudley had, about two years before, ordered the act against the quakers to be printed, in Boston, on purpose, that the quakers, in England, might join ivith his other instruments in clamors against Connecticut, to deprive it of its charter privileges.* fche re- Her majesty, upon the advice of the lords of trade and

vokcRthe plantations, declared the act against the quakers null and

:\r.t atiainst j i * i ]

ttieiur void, without giving the colony a hearing.

Sir Henry Ashurst, writing to the colony soon after, says, " You see how you are every way attacked," * Petition on fife,

The enemies of the colony in Connecticut and New- Book I. England were no less active than those on the other side of ~^~v^s the water. As they had obtained a commission for the tri- 1705. al of the case between Connecticut and the Moheagans, they spared no pains to carry their point. On the 5thofgurv f July, 1705, captain John Chandler, in behalf of Owaneco, the Mocaptain Samuel Mason, Hallam, and others, who interestedheagan themselves in recovering the lands from the colony, began countr-vthe survey of the Moheagan country, and having accomplished the work, drew a map of it, with a view to the trial, before Dudley's court, which was approaching. The governor sent an officer and prohibited his entering upon the survey ; but the party gave large bonds to indemnify him, and he proceeded notwithstanding. The boundaries, as surveyed and reported by Chandler, captain John Parke, Edward Culver, and Samuel Sterry, who assisted him, were, on the south from a large rock, in Connecticut river, Boundanear eight mile island in the bounds of Lyme, eastward,nesthrough Lyme, New-London, and Groton, to Ah-yo-supsuck, a pond in the northeastern part of Stonington ; on the cast, from this pond northward, to Mah-man-suck, another pond; thence to Egunk-sank-a-poug, whetstone hills ; from thence to Man-hum-squeeg, the whetstone country. From this boundary, the line ran southwest, a few miles, to Acquiunk, the upper falls in Quinihaug river. Thence the line ran, a little north of west, through Pomfret, Ashford, Willington, and Tolland, toMo-she-nup-suck, the notch of the mountain, now known to be the notch in Bolton mountain. From thence the line ran southerly, through Bolton, Hebron, and East-Haddam, to the first mentioned bounds. This, it appears, was the Pequot country, to the whole of which the Moheagans laid claim, after the conquest of the Pequot nation, except some part of New-London, Groton, and Stonington, which had been the chief seat of that warlike tribe. The Moheagans claimed this tract as their hereditary country, and the Wabbequasset territory, which lay north of it, they claimed by virtue of conquest.

On the 23d of August, 1705, the court of commission-Dudley'* ers, appointed by her majesty, to examine into the aflair ofcourti Au" the Moheagan lands, convened at Stonington. Writs had been previously issued, summoning the governor and company, with the claimers of lands in controversy, and all parties concerned,- to attend at time and place. The court consisted of Joseph Dudley, Esq. president, Edward Palms, Giles Sylvester, Jahleel Brenton, Nathaniel Byfield, Thomas Hooker, James Avery, John Avery, John Morgan, and Thomas Leffingwell.

Book I. It seems that the governor and general assembly of Cons^-v-x^ necticut had not been served with a copy of the commis1705. sion, by which the court was instituted, and viewed it as a court of enquiry only, to examine and make report to her majesty, and not to try and determine the title of the lands in dispute. The committee, appointed by the assembly, Instruc- to appear before the court, were conditionally instructed, tions to the Provided the court was instituted for enquiry only, they commit9- were to answer and show the unreasonableness of the Motee, heagan claims, and the false light in which the affair had been represented ; but if the design was to determine with respect to the title of the colony, they were directed to enter their protest against the court, and withdraw. All inhabitants of the colony, personally interested in any of the lands in controversy, were forbidden to plead or make any answer before the court.

Governor Winthrop addressed the following letter to the president, Governor " New-London, August 21st, 1705.

Win- " Stft,

(hrop's let- " I understand, by your excellency's letter of July court! tb° 30th' your intentions to be at Stonington, on the 23d inst. to hear the complaints of Owaneco against this government. 1 have, therefore, in obedience to her majesty's commands, directed and empowered William Pitkin, John Chester, EleazarKimberly, Esquires, major William Whiting, Mr. John Elliot, and Mr. Richard Lord, to wait on your excellency, and show the unreasonableness of those complaints, and the unpardonable affront put upon her majesty, by that false representation, and the great trouble to yourself thereby; and I conclude, in a short hearing, your excellency will be able to represent to her majesty, that those complaints arc altogether groundless. The gentlemen shall assist your excellency's enquiry, in summoning such persons as you shall please to desire, and all things else, reserving the honor and privileges of the government."

When the committee came before the court, they perceived that they determined to try the title of the colony to the lands, and judicially to decide the whole controversy. They resolved, therefore, not to make any answer or plea before them, but to protest against their proceedings. The protest is entered as followeth:

" To his Excellency, Joseph Dudley, Esquire, captain-
general and governor in chief of her majesty's colony
of Massachusetts Bay, &c.
"We, the commissioners of her majesty's colony Q£

Connecticut, are obliged, by our instructions from this Book I. government, to certify your excellency, that, in obedience ^*-<r~>*s to her majesty's commands to this colony, we are ready to 1705. show the injustice of those complaints against the govern- Protest mem. made by Owaneco, to her majesty, in council, ifyour aSllln8t th* excellency sees good that the complaints be produced, jn?g Of ^c (provided the commissioners, mentioned in her majesty's court, commission, with your excellency, be quali6ed to act as members of the court of inquiry constituted thereby,) that so your excellency and commissioners may, upon inquiry, be enabled to make such a true and just report of the matters of fact, mentioned in said complaints to her majesty, as you shall see meet. But if your excellency, (as appears to us,) does construe any expressions in the said commission, so as to empower the said commissioners, by themselves, to inquire and judicially determine concerning the matter in controversy, mentioned in the said complaint, concerning the title of land or trespass, and do resolve to proceed accordingly, as we cannot but judge it to be contrary to her majesty's most just and legal intentions, in said commission ; so we must declare against and prohibit all such proceedings, as contrary to law and to the letters patent under the great seal of England, granted to this her majesty's colony, and contrary to her majesty's order lo this government, concerning the said commission and complaint, as well as to the known rights of her majesty's subjects, throughout all her dominions, and such as we cannot allow of. We only add, that it seems strange to us, that your excellency should proceed in such a manner, without first communicating your commission to]thc general assembly of this her majesty's colony.

"william Pitkin, &c.

" August 24th, 1705."

The inhabitants who had deeds of the lands in contro'versy, made-default, as well as the colony; but the court proceeded to an ex parte hearing. Owaneco, Mason, Hallam, and their council, produced such papers and evidence, and made such representations as they pleased, without any person to confront them. After such a partial hear- Jml^mtnt ing, of one day only, the court determined against the colo- and'pro. ny, and adjudged to Owaneco and the Moheagans a tract <;ww)l"K" °* of land called Massapeag, lying in the town of New-London ; and another tract, of about eleven hundred acres, in the northern 'part of the town, which the assembly hail granted as an addition to that township, in 1703. The court, also, adjudged to them a tract in the town of Lyme, two miles in breadth, and nine miles in length, with the

Book I. whole tract contained in the town of Colchester. The v^-v-^^ / court ordered Connecticut immediately to restore all those 1705. lands toOwaneco, and filed a bill of cost against the colony of 5731. 12s. 8d.* Thus a cause of such magnitude, in which the essential interests of a whole colony, and the fortunes of hundreds of individuals, were concerned, was carried wholly by intrigue and the grossest misrepresentations. The commission was granted by her majesty, wholly upon an tx parte hearing, upon the representation of the enemies of the colony; and the men who carried on the intrigue, were appointed judges in their own case. Without hearing the case, contrary to all reason and justice, they gave judgment against the colony, and hundreds of individuals. They gave away lands holden by conquest, purchase, ancient deeds from the original proprietors, well executed and recorded, by charter, acts, and patents from the assembly, and by long possession. The chief judge had been using all his art and influence to ruin the colony. and was now supposed to be scheming for a portion of its lands, as well as for the government. Major Palms had been a long time in controversy with the colony, was exceedingly embittered against it, and against the governor, his brother in law. Others of the commissioners were supposed to be confederate with Mason and Clarke, and interested in the lands in controversy. Hallam, Clarke, and several of the commissioners were witnesses in the case. They were witnesses and judges in therr own cause, heard themselves, and no others. Owaneco was placed, in state, on the right hand of the president, and the colony were treated worse than criminals, with dishonour and contempt.t

After the court had given judgment against the colony, on the 24th of August, they spent three days in hearing such complaints as Owaneco, Mason, and other persons interested in the lands, or inimical to the colony, were pleased to make. When they had heard all the complaints and misrepresentations which they had to make, they represented to her majesty, that Owaneco complained he was disseised of a tract of land, containing about seven thousand acres, called Mamaquaog, Iving northward of Windham; of another tract called Ptainneld, and considerable skirts and parcels of land, encroached upon and taken in, by the towns of Lebanon, Windham, and Canterbury. The coiu-t prohibited all her majesty's subjects from entering upon, or improving any of those lands, until a further hearing and determination of the case. Further, in the Sook I. plenitude of their power, they appointed captain John Ma- v^-v-'w son to be trustee, or guardian, to Owaneco and his people, 1705. and to manage all their affairs. They represented, from the evidence of major James Fitch and captain John Mason, that the colony had left the Indians no land to plant on, and that they consisted of a hundred and fifty warriors, one hundred of whom had been in the actual service of the country that very year.*

.". Molieac;an case, in print.

1 Petition to her majesty, printed in Mohcagan trial

These Indians were enlisted and sent out by the colony of Connecticut, and went as cheerfully into service this year, as they had done at any time before. This gave demonstrative evidence, that there was no genera! uneasiness among the Moheagans. Had there been, two thirds of their warriors would not have enlisted into the service of the government. Indeed, Owaneco himself was not uneasy only at turns, when the Masons, Clarke, Fitch, Hallam, and others, made him so; who were scheming to deprive him and the Moheagans of their lands.

So far was it from being true, that Connecticut had injured them, or taken their lands from them, they had treated them with great kindness, defended them by their arms, and at their own expense, and prevented their being swallowed up by their enemies. They had left them a. fine tract of land, of between four and five thousand acres, between New-London and Norwich; and both in the grant and patent to New-London, there was an express reservation of all the rights and property of the Indians.? The colony had not only reserved lands for the Moheagans, but for all other Indians in it, to plant upon. They suffered them to hunt, fish, and fowl, in all parts of it, and even to build their wigwams, and cut such wood and timber as they needed, in any of their uninclosed lands.

Dudley's court, having finished such business as was agreeable to its wishes, adjourned until the next May; but it never met again. Before that time, the intrigue and duplicity of governor Dudley and the malcontents, became so evident, that all their designs were frustrated.

The assembly, at their session in October, appointed a The ascommittee to examine into all matters respecting the In-"ei?b|y*Pdians, and the complaints which had been made against the colony, and, as soon as possible, to transmit a particu- to larand full answer to therr agent. They were instructed fully to acquaint him with a true statement of the Mob.ea

* Proceedings and judgment of Ihe court in print, Mohcagan cmee, T<. 56 to 67.

i Records of the colony, and Moheagan cace, u ftiyt.

Book I. gan case, and of the whole management of Dudley and his

^t-v/t^/ court. They were to represent, that Dudley, Palms, and

1705. others of the commissioners, were interested, and parties

in the cause, and to insist, that the manner in which the

commission was procured, to governor Dudley, major

Palms, and others, was matter of intrigue, and the whole

process arbitrary and illegal.

Sir Henry Sjr Henry Ashurst, on receiving the papers relative to Ashurst the case, presented a petition to her majesty, representing petitions the title Of the colony to all the lands ia controversy, by er majes- congest, purchase, royal- charter, long possession and improvement : That Uncas, when, the English became first acquainted with him, was a revolted Pequot, expelled his country, and had not a sufficient number of men to make a hunt; and that the lands reserved to him, were not reserved to him in consequence of any right of his, but was a matter of mere permission: That Joseph Dudley, Esq. Hallam, Palms, the Averys, Morgan, and Leffingwell, had grants of several parts of the controverted lands, and, in their own names, or in the name of John Mason, were attempting to set up their tides to them : That Dudley and Hallam, by misrepresentation, had obtained a commission from her majesty, by surprise, under the great seal of England, directed to the said Dudley, Palms, the two Averys, Morgan, Leffingwell, and others, most of whom were of Dudley's and Hallam's denomination, and under his influence: and that in the court, thus instituted, they were the accusers, parties, and judges : That they had assumed to themselves jurisdiction, in a summary way, to try her majesty's petitioners' titles to their lands, and to evict and disseise them of their freeholds, properties, and ancient possessions, without any legal process, or so much as the form of a trial. This, it was represented, tended to the destruction of all the rights of the colony, and was directly contrary to divers acts of parliament, made and provided in such cases. The agent, therefore, in behalf of the colony, appealed from the judgment of said court to her majesty, in council, and prayed that the case might be heard before her.* Connect!- In consequence of this petition, her majesty, some time cut always after, appointed a commission of review. The affair was |J^lier kept in agitation nearly seventy years. It was always, upon a legal hearing, determined in favour of the colony. The final decision was by king George the third, in council. Adjndica- The commissioners of review, in 1743, not only detertion of the mined the title of the lands to be in the colony of ConnectiTieuw,°fre"cut, but "That the governor and company had treated the. 1743. * Petition ia print, Mohcagan case, p. 153—157.

said Indians with much humanity, at all tjmcs', and had, Book I. at all tfines, provided them wilh a sufficiency, at least, of -^»-v^>/ Jands to plant on; and that no act, or thing, appeared", 1705. either before the judgment 'of Joseph Dudley, Esq. or since, by which they, the said governor and company, had .

taken from the Indians, or from their sachem, any tracts of land, to which the Indians or their sachem had any right, by reservation, or otherwise, either in law or jequity."* The proceedings of the several courts of review, and the pleadings before them and his majesty, in council, will most properly be noticed in the time of them, and will not be anticipated in this volume.

The agent of the colony petitioned her majesty, in its behalf, to hear the complaints exhibited by governor Dudley and his accomplices, that it might have an opportunity of demonstrating how false and groundless they were. He also prayed, that as Dudley had surprised her, to grant a commission of high powers to the subversion of the rights of her loyal subjects, and contrary to her gracious intentions towards them, and had abused her name and authority to serve his own dark designs, that her majesty would, in some exemplary manner, discountenance the said Dudley and his abettors.

However, it does not appear, that Dudley, or lord Cornbury, were ever obliged to bring forward any evidence in support of the charges which they had exhibited, or that her majesty, by any public act, discountenanced their intrigue and falsehood. They had such powerful friends af. court, that they seem to have palliated, and kept the affair, as far as possible, out of public view; and it seems to have been passed by without any further examination.

There was no alteration made in the legislature, at the May, election in 1706. l106

The assembly adopted the same measures, for the defence of Connecticut and the neighbouring colonies, which they had done the year preceding. The same officers were appointed, and the same number of men sent into the field.

The colony had assurances from their agent, Sir Henry Ashurst, that they had a clear right to command their own. militia; that the governors of the neighbouring colonies had no right to command their men, or money; and that this was the opinion of the best council in the nation. He assured them, that they were under no obligations to them, to do any thing more, than to furnish such quotas as her jnajesty should require.

* Judgment, in print, Moheagan case, p. 140..

Book I. Connecticut bad done much more than this, both in the V^-n^-x^ reign of king William and queen Anne. Nevertheless, 1706, notwithstanding the abusive treatment of governor Dudley, lord Cornbury, and their associates in mischief, and the great expense which had been brought upon them, not only by the war, but in consequence of the defence which their agent had been obliged to make for-them, in England, such was their zeal for her majesty's service, and their concern and good will for their sister colonies, that they exerted themselves no less for their defence, than if they had been under the command of their respective governors. It was declared to her majesty, that had this been the case they could have done no more.

Act for At the session in October, the assembly passed the fo!cuuraee- lowing act >n favor of the clergy, " That all the ministers went of of the gospel that now are, or hereafter shall be settled in (hcclergy, this colony, during the continuance of their public service Oct. I70fi. in tfie gospel ministry, shall have their estates, lying in the same town where they dwell, and all the polls belonging to their several familes exempted, and they are hereby exempted and freed from being entered in the public lists ana payment of rates." By virtue of this act, for the encouragement of the clergy of this colony, they have always, from that to the present time, been exempted from taxation.*

The colony, at this period, was in very low circumstances. Its whole circulating cash amounted only to about two thousand pounds. Such had been its expense in the war, and in defending itself against the attempts of its enemies, in England and America, that the legislature had been obliged to levy a tax, in about three years, of more than two shillings on the pound, on the whole list of the colony. The taxes were laid and collected in grain, pork, beef, and other articles of country produce. These commodities were transported to Boston and the West-Indies, and by this means .money and bills of exchange were obtained, to pay the bills drawn upon the colony, in Eng-. land, and to discharge its debts at home. These low cir-i cumstances, these misrepresentations, abuse, and dangers, from their enemies, our venerable ancestors endured witi an exemplary patience and magnanimity. Under the pressure of all this expense and danger, they cheerfully supported the gospel ministry and ordinances, in their respective towns and parishes. They contemplated their dangers and deliverance* with wonder and thanksgiving,

* The legislature had before released their persons from taxation, bn* pot their families and estates

rejoiced in the enjoyment of their privileges, and in the Book I. divine care and beneficence. v^-v-^/

1707.

CHAPTER XVIII.

The country is alarmed. Means of defence. The assembly decline the affording of any assistance in the expedition agiiinst Port Royal. Grant assistance to the frontier towns. Nete townships granted and settled. The Rev. Gurdon Saltonstall chosen governor. Act empowering the freemen to choose the governor from among themselves at large. Acts relative to the settlement of the boundary line with Massachusetts. Garrisons erected in the totons on the frontiers. Expedition against Canada. First emission of paper money. Address to her majesty. Loss of the colony at Wood Crtek. Expedition against Port Royal. Expedition against Canada under the command of admiral Walker and general Nicholson. Fleet cast away and the enterprise defeated. The colony petition her majesty, and send the only pilot from Connecticut, to England, to represent to her majesty the loss of the fleet truly as it was. Alts respecting the superior court. Settlement of the boundary line between Massachusetts and Connecticut. Reasons why the colony consented to such a settlement. Return of peace. The colony happy in the the preservation of their frontiers. Towns settled under Massachusetts, State of the colony. Observations.

SUCH reports of the preparations of the French and In- Report* of dians, to make a descent upon some part of New- an expediEngland, were spread abroad, about the beginning of the |i,OB fr°m year 1707, as gave a general alarm to the country. On jar^thc" the 6th of February, 1707, a council of war, consisting of country, the governor, most of the council, and a considerable number of the chief military officers in the colony, convened at Hartford. A letter was received from deputy governor Treat, and another from major Schuyler at Albany, giving intelligence, that the French, and Indiana in their interest, were about to make a descent upon NewEngland. Information was also communicated, that suspicions were entertained, that the Pohtatuck and Owiantuck Indians designed to join the Fr9nch and Indians from, Canada.

1707.

Measures adopted for the common safety.

Book I. The committee resolved, that the western frontier towns, v-x-\^x^ Simsbury, Waterbury, Woodbury, and Danbury, should be fortified with all possible dispatch. As Waterbury had sustained great losses, by inundations, it was resolved, for their encouragement to fortify their houses well, that the governor and council would use their influence with the assembly, that their country rates should be abated. It was resolved, that each of these four towns should keep a scout of two faithful men, to be sent out every day, to discover the designs of the enemy, and give intelligence should they make their appearance near the frontier towns.

To prevent damages from the Pohtatuck and Owiantuck Indians, captain John Minor and Mr. John Sherman were appointed to remove them to Stratford and Fairfield. If by reason of sickness or any other cause they could not be removed, it was ordered, that a number of their chief men should be carried down to those towns, and kept as hostages to secure the fidelity of the rest.

On the second of April, a special assembly was convened in consequence of letters from governor Dudley. He had proposed to send an army of a thousand men against L'Acadia, and requested Connecticut to join with Massachusetts in the expedition.

After the affair had been maturely considered, the assembly determined not to comply with the proposal. The reasons given were, that they had not been consulted, nor had opportunity to consent to the expedition : That they did not understand that the neighbouring colonies, who were equally interested in the expedition, with themselves, were called upon, or had consented to do any thing; and, that the vast expense of defending the county of Hampshire and their own frontiers, incapacitated them to join in the enterprise.

At the general election this year, the governor and council were all re-elected.

Upon the petition of John Pratt, Robert Chapman, John Clark, and Stephen Post, appointed a committee in behalt. of the legatees of Joshua Uncas,* the assembly granted a township which they named Hebron. The settlement of the town began in June, 1704. The first people who made settlements in the town were William Shipman. Timothy Phelps, Samuel Filer, Caleb Jones, Stephen

Special as-
Aprit 2d.

Thcas

emhly will not join in the expedition to L'Acadia.

Court of election, May 8, 1707.

* By the last will of said Uncas. all the lands in Hebron were bequeathed to Thomas Buckingham, Esq. William Shipman and others, called the Say hrook legatees, except about 2,600 acres at the northeast corner, and about 4,000 ucres at the south end of the town. Tbere were alto about TOO within the parish of Martborough. These lands were claimed by Mason.

Hebron made a town.

Post, Jacob Root, Samuel Curtis, Edward Sawyer, Jo- Book I. seph Youngs, and Benoni Trumbull. They were from ^-x-v-n-> Windsor, Saybrook, Long-Island, and Northampton. The 1707. settlement, at first, went on but slowly ; partly, by reason of opposition made by Mason and the Moheagans, and partly, by reason of the extensive tracts claimed by proprietors, who made no settlements. Several acts of the assembly were made, and committees appointed to encourage and assist the planters. By these means they so increased in numbers and wealth that in about six or seven years they were enabled to erect a meeting-house and settle a minister among them.

At the session in October, the assembly granted a town- oct. 9th. ship to Nathan Gould, Peter Burr, captain John Wakeman, Jonathan Sturges, and other inhabitants of the town of Fairfield, bounded southerly on Danbury, easterly on New-ftfilford, and westerly upon the colony line. It extended fourteen miles northward from Danbury. It was afterwards named New-Fairfield. The war, for several years, prevented all attempts for the settlement of this tract.

As the frontier towns had exhibited much zeal in fortifying themselves agreeably to die directions of the governor and council, the assembly made them a liberal compensation.

About this time the colony sustained a great loss in the Special asdeath of the honorable Fitz John Winthrop, Esq.t and a pTMblf,Jth special assembly was convoked on the 17th of December, 17^ ' by deputy governor Treat, at New-Haven, for the purpose of electing another governor. The assembly ordered, that the votes of both houses should be mixed before they were sorted and counted, and that the majority of votes should determine the choice. Upon counting the ^0^" votes, the Reverend Gordon Saltonstall was declared to chosen be chosen governor. governor.

Four of the magistrates, the speaker of the house, with three of the other deputies, were appointed a committee to acquaint him with the choice, and solicit his acceptance of

t He was the son of the honorable John Winthrop, Esq. the first governor of Connecticut, under the charter. His birth was at Ipswich, in Massachusetts, 1638. Upen the assumption of the charter, May, 1689, he was chosen into the magistracy. In 16SO, he was appointed major general of the land army designed against Canada. On the dispute relative to the command of the militia, he was sent agent, for the colony, to the British court, 1694. After his return, May, 1698, he was chosen governor, and was annually re-chosen during his life. He died November27tb, 1707, in the 69th year of his age.

He appears to hare been a popular gentleman, and to have «u;tained a character without blemish.

the important trust to which he had been chosen. A letter was addressed to him by the assembly, desiring him to accept of the choice which they had made, and, with the committee appointed to wait on him, to answer the letters of their agent, and transact whatever the exigencies of the government might require. A letter was also addressed to his church and congregation at New-London, acquainting them with the call, which the assembly imagined Mr. Saltonstall had to leave the ministry, and to dispose them to submit to such a dispensation.

The magistrates, upon Mr. Saltonstall's acceptance of the trust to which he had been chosen, were directed to administer to him the oath of the governor, and the oath respecting trade and navigation.

On the first of January, 1708, governor Sattonstall accepted of his office, and took the oaths appointed by law.

This assembly repealed the law which required, that the governor should always be chosen from among the magistrates in nomination, and gave liberty for the freemen to elect him from among themselves at large.

At the election, May 13th, 1708, governor Saltonstall was cl,osen governor by the freemen. Nathan Gould, Esq. was elected deputy-governor.* The former magistrates were re-chosen, ana Mr. John Haynes, for the first time, was elected one of the council. The former treasurer and secretary were re-chosen.

A township was granted, in the course of this session, at Pohtatuck, afterwards named Newtown.

Connecticut, for a long course of years, had been nt great trouble and expense, in attempting the settlement of the boundary line betweeon this colony and Massachusetts. The inhabitants of Windsor and Simsbury hdd been often exceedingly injured, in their persons and property, by the people of Suffield and Enfield, especially by the former. They had not only encroached upon their lands and cut down their timber, but often seized upon their tar

*Thc honorable Robert Treat, Esq. being, at this period, eighty-sit years of a^e, retired from thr scene of public action. He had been thrp* years a magistrate, and thirty-tiro years governor, or deputy-eovcrnor "I fhf colony, lie was elected magistrate, May, 1G73, deputy-governor, 1670, and governor, in 1683. To this office he was annually elected, fifteen years, until 1690 : be waMlym chosen deputy-governor until the year 1708. Ho died about two years after, July 12tb, 1710, in the 85th year of ha aze. Few men have sustained a fairer character, or rendered the public more important torvices. He was an excellent military officer; a man of singular courage and resolution, tempered with caution and prudence. Hu administration of government was with wisdom, firmness and integrity. Ha Was esteemed courageous, wise, and pious. He was exceedingly beloved and venerated by the people in general, and especially by hh neighbour?, Milford, where he resided.

and turpentine, and oven upon their persons, and forcibly Book I.
carried them off to Suffield. In consequence of these out- ^x-n/->*/
rages, great animosities had arisen between the inhabit- 1708.
ants of those towns, and many lawsuits had been commenc- tetts and
ed. The assembly, as far as possible, to prevent and ter- Conn*oti"
minate these evils, enacted, that commissioners should be 134}, ^og,
appointed, with full powers to run the line, with such com-
missioners as Massachusetts should appoint for that pur-
pose. They were directed to take care that the line
should be run by skilful artists, with good instruments ; and
to take their station three miles south of every part of
Charles river, whence Mr. James Taylor and the commis-
sioners of this colony ran the line in 1702. They were
instructed1 to run a due west line from that station, and to
make and set up fair marks and monuments in the line be-
tween the colonies. And to prevent all further conten-
tion, it was enacted, that the inhabitants of Windsor, Sims-
bury, Suffield, and Enfield, should not make any improve-
ment on the contested lands, until the line should be run
and settled. It was also enacted, that all suits should con-
tinue and rest, until the county court at Hartford, in Oct«-
ber, and then to cease. It was provided, nevertheless,
that the court of Massachusetts should give the same or-
ders to the people of that province, who claimed upon the
Kne, and should immediately unite with Connecticut in set-
tling the boundary between the colonies. Otherwise, it was
determined, that all causes, bonds, and the like should be,
and remain as though this act never had been passed.

Further, it was enacted, that, upon running the line, all the most ancient grants, made to the proprietors, by either government, should give title and property to the settlers on either side of the line. It was determined, that unless the court of Massachusetts would agree to the running of the line in this manner, a petition should be addressed 16 her majesty, praying her to give orders, that the divisional line might be run.

The assembly, at this session, ordered that a township Killin?ly should be laid out east of Woodstock, eight miles in length, made a and six in breadth. The inhabitants were vested with wn. the privileges of a distinct town, by the name of Killingly.* The affairs of the war were conducted this year in the same manner as they had been the preceding. Colonel I

William Whiting commanded a body of horse and infantry \

* At this session, the assembly ordered, "that the ministers of the gospel preach a ermon to the freemen, on the day appointed by law to choose their civil rulers, in the towns where they meet, proper for their direction in the work before them." This seems to have been the origin tif preftchinsf freemen's meeting sermons in Connecticut.

Book I. in the county of Hampshire, and scouting parties and gar\^-v-+*. risons were maintained on the frontiers of the colony. 1709. At the session in October, it was enacted, that two garrisons should be maintained, at the public expense, at Simsbury, and two at VVaterbury. Garrisons were to bo kept at VVoodbury and Danbury, as the council of war should judge expedient.

Court of At tlie election in 1709, Mr. Saltonstall was re-chosen election, governor, and Nathan Gould, deputy-governor. The maMay 12th, gistrates were Daniel Witherel, Nathaniel Stanley, John ' Hatnlin, William Pitkin, John Chester, Joseph Curtis,

Josiah Rossiter, Richard Christopher, Peter Burr, John Allen, John Haynes, and Samuel Eells, Esquires. Captain Joseph Whiting was treasurer, and Caleb Stanley secretary.

Expedi- A letter was laid before this assembly from her majesty, *'""inst the relative to an expedition against the enemy. The design French, was the reduction of the French in Canada, Acadia, and Newfoundland. The letters from the earl of Sunderland, advising that her majesty would dispatch a squadron of ships to Boston, by the middle of May, with five regiments of regular troops, required Connecticut to raise 350 men. The governments eastward of Connecticut, were required to raise 1200 men, and furnish them with transports, flat bottomed boats, pilots, and provisions for three months service. With this force, it was designed to make an attack upon Quebec. At the same time, it was proposed to raise 1500 men in the governments of Connecticut, New-York, New-Jersey, and the southern colonies. This corps was to proceed by the way of the lakes, and make a descent upon the island of Montreal.

The legislature of Connecticut voted and raised their quota, with cheerfulness and expedition. Colonel Whiting was appointed to command them. The assembly also voted an address of thanks to her majesty for her royal care and favor to the colonies, in devising means for the removal of an enemy, by whom the colonies had been so great and repeateil sufferers.

All the colonies except Pennsylvania furnished their quotas. The troops, with provisions, transports, and articles necessary for the enterprise, were ready in season. The provincials, from the eastern colonies, were ready t» sail for Quebec by the 20th of May. Francis Nichofson, who had been lieutenant-governor of New-York, under Andross, and afterwards lieutenant-governor of Virginia, was appointed to command the troops by land, and march as far as Waod Creek. There he was to wait until the wrival of the fleet expected at Boston, and then to advance, Book I. so that the attack upon Quebec and Montreal might be made ^*-v^s at the same time. The colonies made great exertions for 1709. the public service. Besides their quotas, independent companies were raised and sent on to the army. More than a hundred batteaux, and an equal number of birch canoes, were constructed for crossing the lake. Three forts, several block houses, and stores for provisions were erected. But the armament expected from England did not ar-. rive. The defeat of the Portuguese, and the straits to which the allies were reduced, occasioned the sailing of the fleet, designed for America, to Portugal, and the expedition was defeated. No intelligence arriving from England, and a great mortality prevailing among the troops, general Nicholson, early in the' fall, returned to Albany. This fruitless undertaking was a capital loss .and expense to the colonies. One quarter or more of the troops died. Connecticut only sustained the loss of ninety men.

This expedition occasioned the first emission of paper money in Connecticut.

At a special assembly, on the 8th of June, it was enact- First emis cd, " That to assist in the expedition, for want of money 'f otherwise to carry it on, there be forthwith imprinted a certain number of bills of credit on the colony, in suitable sums, from two shillings to five pounds, which, in the whole, shall amount to the sum of 80001. and no more." It was enacted, that the bills should be issued from the treasury as money, but should be received in payments at one shilling on the pound better than money. One half only was to be signed and issued at first, and the other was to remain unsigned, until it should be found necessary to put it into circulation. Taxes were imposed for the calling in of one half of it within the term of one year, and the other at the expiration of two years.

The expectations of the people, in the spring, had been Expectawrought up to a high degree of assurance, that Canada *^t°ft^ would be reduced before the close of the campaign. Joy appointed. brightened in every countenance, with the pleasing pros- pect, that a period would immediately be put to all the encroachments and ravages of a merciless enemy. Every heart was gladdened at the prospect of the enlargement of the British empire, and the augmentation of the national commerce. When, therefore, from such harmonious and general exertion, and such uncommon expense, they experienced nothing but loss and disappointment, the chagrin and depression were proportionably great.

However, the importance of driving the French

Hook I. Canada, and the necessity of immediate exertions to prev^r-v~^ / serve the friendship and keep up the spirit of the five na1709. tions, without which, the frontiers would become a field of blood, induced the colonies to keep the object still in view. Conven- ^ congress of governors was appointed and met at Rehoe°nowS°V~ botht the beRinning of October, to deliberate on the subject. General Nicholson, colonel Vetch, and others, met with them.. An address wag agreed upon to her majesty, representing the great harmony and exertions of the colonies in her majesty's service ; the importance of reducing the French in North-America to her majesty's obedience; praying her majesty to grant the colonies an armament, with their assistance, adequate to the design.

Assembly, When the general assembly convened in October, govOct. 13th, ernor Saltonstall communicated the transactions of the governors of the several colonies, and the address, which they had prepared, to her majesty. The assembly approved the address, and determined on a similar one themselves. Governor Saltonstall was appointed agent to make a voyage to England, and present it in person to her majesty. Provision was also made for the expense of his agency.

Notwithstanding the war, the colony made progress in settlement, In 1708, John Belden, Samuel Keeler, Matthew Seymour, Matthias St. John, and other inhabitants of Norwalk, to the nunjber of twenty-five, purchased a large tract, between that town and Danbury, bounded west on the partition line bitween Connecticut and New-York. The purchase was made of Catoonah, the chief sachem, purcha- §ni\ other Indians, who were the proprietors of that part of madc"ad the country- Tne deed bears date September 30th, 1703. town. At this session, it was ordained that it should be a distinct

tpwnship, by the name of Ridgefield.

Election, The only alteration made, by theelectjon, in 1710, was May nth, tne choice of Matthew Allen, Esq. in the place of Daniel 17i0. Witherell, Esq.

New-York, as well as Connecticut and the other NewEngland colonies, had made great exertions, the last campaign, for the reduction of Canada. New-York, by means of the great influence of colonel Schuyler, had been able to Tiring six hundred of the Indians of the five nations into the Measuies field. The colonel was extremely discontented at the late adopted to disappointment. No man had more extensive views of the armament importance of expelling the French from this northern con-. from Eng- tinent, and more zeal in the cause than he. So powerful land. was tne influence which the affair had upon his mind, that he determined to make a voyage to England, at his own j.ny;..t<j expense, aiiU to carry with him five sachenas of the five nations, that by their representations, the more sen- Book I. sible impressions might be made upon her majesty and the v^-v~%^ British court. The assembly of New- York had determined 1710. to address her majesty on the subject; and no sooner was the house apprised of his design, than they unanimously resolved, that he should present their address to her sacred majesty. Accordingly, colonel Schuyler went to England, and presented the address. The Indian saphems were, also, introduced to the queen. They represented their Address of Jong war, in conjunction with her children, against herene- t(!e Indianmies, the French: That they had been a strong wall of de- '"^to fence to her colonies, to the loss of their best warriors; Anne, and that they mightily rejoiced, when they heard their great queen had resolved to send an army to Canada. They said, that, in token of their friendship, they had, with one consent, hung up the kettle, and taken up the hatchet, and assisted general Nicholson ; but when they found, that their great queen, by some important affairs, had been diverted from her design of subduing the French, it made them sorrowful, lest the enemy, who hitherto had dreaded them, should now imagine they Were unable to make war upon them. They represented, that the reduction of Canada was of great weight to them, that they might hunt freely. They insisted, that if their great queen should be unmindful of them, they, and their families, must forsake their country, and seek other habitations, or they must stand neuter; neither of which suited their inclinations. la hope of their great queen's favour, they referred the affair to her gracious consideration.

General Nicholson went to England, in the fall of 1709, on the same business, to solicit a force against Canada. Governor Saltonstali, for some reason, did not accept of the agency to which he had been appointed. The address of Connecticut, it seems, was sent to be presented by another hand. In consequence of these united applications, great encouragements were given, that an expedition would be again undertaken against Canada. In July, advice arrived^ New-England, that lord Shannon, with a fleet destined for that service, was under sailing orders. Nicholson, who sailed with several ships of force, and some transports, from England, in the spring, came over with that expectation. However, it finally proved, that the reduction of Port Royal and Nova-Scotia was the only object.

In consequence of a letter from her majesty, requiring Special a»the assistance of her subjects in this colony, in the expe- *?TMb'y' dition, a special assembly was convoked on the 14th of °s' August. Beside the loss of lives the last year, many of

Book I. the soldiers then in service, remained in a sickly and weak Vx-n^x^ condition. The enemy insulted the frontier towns, and the 1710. colony was obliged to keep a large number of men in pay for their defence. Nevertheless, such was the obedience of the legislature to her majesty's commands, and their zeal for her service, that they cheerfully voted three hundred men for the expedition. Vessels and sailors were procured, and all necessary provision was made for the transportation and support of the .troops. In about a month, they were raised and transported to Boston. Expcdi- On the 18th of September, a fleet of thirty-six ships of tion war and transports, sailed from Nantasket for Fort Royal,

against There were fourteen transports in the pay of MassachuReyal. setts, five in the pay of Connecticut, two of New-Hampshire, and three of Rhode-Island. The chief command was given to general Nicholson. On the 24th, the fleet and army arrived at Port Royal. The troops landed without opposition, and made an easy conquest. On the 21st of October, the engineers opened three batteries, of gtwo mortars and twenty-four cohorns in the whole. At the same time, a bomb ship, called the Star bomb, plied the Itsurren- enemy with her shells. The next day Monsieur Subercase <ters, Oct. capitulated, surrendering the fort and country to the crown, ZU- of Great-Britain.

General Nicholson left a sufficient garrison, under the command of colonel Vetch, his adjutant general, who had been appointed to the government of the country. In this, expedition, the Mary galley, commanded by captain Taye, a transport in the service of Connecticut, ran aground, and was lost. Twenty-six men were drowned.* Fourteen or fifteen were lost in the expedition, while the troops were investing and besieging the fort. This was the whole loss sustained in the enterprise. From this time the name was changed, and the port was named Annapolis Royal.

General Nichelson, animated with his late success, in the fall made a second voyage to England, to solicit another expedition against Canada.

The country in general had no expectations, that he would succeed in his design. They could not imagine, that queen Anne's tory ministry would attempt any thing of this nature for New-England. Contrary, however, to Jane 8th, all expectation, the affair was resumed. In Junf, general 1711. Nicholson arrived, at Boston, with the news, that a fleet might soon be expected from England, and with her majesty's orders that the several governments of New-Eng

* This transport was hired of one Mr. Vryling, of Boston, and the colonj paid him about 1,0001. for the loss of his vessel.

land, New-York, New-Jersey, and Pennsylvania should Book I. have their respective quotas in immediate readiness for the ^^-^-^ expedition. 1711.

Consequently a general meeting of-the governors of the June 24th, several colonies was immediately appointed at New-Lon- afet"' don. Sixteen days after the arrival of general Nicholson,m the fleet arrived at Boston. But it was very extraordinary that the fleet had neither pilots nor provisions. Ten weeks provisions were demanded for the army. It had Suspicion! been suspected before this, that the reduction of Canada of the was not really designed by the ministry. These circum- countTstances increased the suspicion. It was much doubted, whether, in the then state of the country, it were possible, in so short a time, as was necessary, to procure such a quantity of provisions, as had been demanded. There was, at the same time, a strong suspicion, that if the expedition should miscarry, it was designed to throw the whole blame upon New-England. Whether these suspicions were well grounded or not, it is certain, that they had great influence, together with the zeal which the colonies nad for the service, to draw forth their utmost exertions.

When the fleet arrived at Boston, the governors were met in convention, at New-London, concerting measures for prosecuting the expedition with the utmost harmony ond dispatch. The general courts of Massachusetts and Connecticut were in actual session. The general assem- ^,°nassembly of Connecticut convened on the 19th of June. A let-bly raster was communicated from her majesty and another from pecting the general Nicholson respecting the expedition. The as-".xped,'~

11 tii iiii- i tion, June

sembly resolved, that three hundred and sixty men should 19, nn. be raised forthwith, as the quota of this colony in the expedition. It was also resolved, that four months provisions should be immediately procured, and that a suitable vessel should be provided to transport them to Albany, and to accommodate the sick and convey ihcrn back to Connecticut.

The assembly also addressed a letter to her majesty, returning her their most humble and dutiful acknowledgments, for that great expression of her royal care for her colonies and their peace and welfare, which she had manifested in the appointment of the present expedition against the common enemy. They particularly thanked her majesty for her royal bounty towards the colony, in furnish^ ing the troops with clothing, arms, and ammunition, by which they were better enabled to bear the annual expenses of the war. They represented to her majesty, in a strong point of light, the horrible manner in which the enBook I. cmy carried on the war; lying in ambush, killing and \^~v—n^ scalping single persons, upon the frontiers, surprising and 1711. cutting off families, stealing captives, torturing and enslaving them. They promised a hearty concurrence with the royal requisitions, and a zealous performance of whatever might contribute to the success of the expedition.

To animate the general, and ingratiate themselves with him, the legislature appointed a committee to return him their thanks, for the good services he had rendered to her majesty's plantations in North America ; and especially to Connecticut, in his former good conduct of the troops under his command. They thanked him, not only for his important services in the reduction of Port Royal and NovaScotia, but for the great pains he had taken since, in making a voyage to England, and representing to he> majesty the true state and interest of the colonies, and by that means obtaining her orders for the then present expedition.

t'nitiersM A punctual compliance with her majesty's orders was harmony univcrsally recommended by the governors in convention lion. " and by the several legislatures. Not only the several colonies but individuals exerted themselves beyond what had been known upon any other occasion.

The arm a- In a little more than a month, from the arrival of the ment sails fleet, the new levies and provisions, for that and the army, ton"^!?"" were rca<ty- Upon the 30th of July, the whole armament 30th. sailed from Boston for Canada. It consisted of fifteen men of war, twelve directly from England, and three which had before been stationed in America; forty transports, six store ships, and a fine train of artillery, with all kinds of warlike stores. The land army on board consisted of five regiments from England and Flanders, and two regiments raised in Massachusetts, Rhode-Island, and NewHampshire ; amounting in the whole to nearly seven thousand men. The fleet was commanded by Sir Hovendert Walker; and the army by brigadier Hill, brother to Mrs. Mashain, then the queen's favorite. The land force was about equal to that which, under general Wolfe, afterwards reduced Quebec, though, at that time, it was not half so strong, as when it was reduced by that famous general.

Upon the same day on which the fleet sailed from Boston, general Nicholson began his journey for Albany, where, a few days after, he appeared at the head of four thousand men, from the colonies of Connecticut, New iTork, and New-Jersey. The troops from Connecticut were commanded by colonel William Whiting, who was ai> experienced officer, and had commanded them, the last Book I. year, at Port Royal. The New-York and New-Jersey ^*-*~**s troops were commanded by colonels Schuyler and Ingolds- 1711. by. Connecticut, besides victualling its own troops, furnished New-York with two hundred fat cattle and six hundred sheep. Thus, in about five weeks, the colonies had raised two considerable armies and furnished them with provisions. More than this could not have been expected.

Admiral Walker arrived in the mouth of the St. Lawrence, on the 14th of August. That he might not lose the company of the transports, as was pretended, he put into the bay of Gaspe, on the 18th, where he continued until the 20th of the month. On the 22d, two days after he sailed from the bay, the fleet appeared to be in the most hazardous circumstances. It was without soundings, without sight of land ; the sky was darkened with a thick fog, and the wind high at cast south-east. In this situation the ships brought to, with their heads to the southward. This was done with an expectation that the wind would drive them into the midst of the channel. But instead of this, about midnight, the seamen discovered that they were driven upon the north shore among rocks and islands, upon the verge of a total shipwreck. Eight or nine of the British transports were cast away, on board of which were about seventeen hundred officers and soldiers. Nearly a thou- Shipsand men were lost. The admiral and general were in wrec^,0 the most imminent danger, and saved themselves by an-Aug.22. choring. Such was the violence of the storm that they lost several anchors. Upon this disaster, the admiral bore away for Spanish river bay ; but the wind shifting to the east it was eight days before all the transports arrived. In the same time, as the wind was, they might have easily arrived at Quebec. It was there determined, by a council of land and naval officers, that as they had but ten weeks provision, and could not expect a supply from New-England, to make no further attempt. The admiral sailed directly for England, and arrived at Portsmouth on the 9th of October. Here the fleet suffered another surprising calamity. The Edgar, a 70 gun ship, blew xip, having on board four hundred men, besides many persons who were just come on board to visit their friends. As the cause of this event was wholly unknown, jealous minds were not without suggestions, that even this, as well as the other disaster, was the effect of horrid design.

The admiral and English officers, to exculpate t\\ert\selves, laid the blame wholly upon the colonies, that\\\eV

F s

1 he colonies.

Book I. were delayed so long for provision and the raising of the \**~s^s provincials, and that they had such unskilful pilots. The 1711. admiral declared, that it was the advice of the pilots that The blame the fleet should come to in the manner it did, but the piimputed to Jq^ from Ncw-England, declared, upon oath, that they gave no such advice. K any such was given it must have been by the French1 pilots on board, either through mistake or upon design. Charlevoix represents, that th« French pilots warned the admiral of his danger, but that he did not sufficiently regard them.

The whigs, in England, generally censured the ministry for their conduct respecting the expedition. Lord Uarley represented the whole affair as a contrivance of Bolingbroke, More, and the Lord Chancellor, Barcourf. to cheat the public out of twenty thousand pounds. Lord Harcourt was pleased to say, " No government was worth serving, that would not admit of such jobs." Another English writer observes, " That if the ministry were sincere in the prosecution of the war, they were certainly the most consummate blunderers that ever undertook the government of a state."*

General Nicholson had not advanced far before he received intelligence of the loss sustained by the fleet, and the army soon after returned.

The Marquis De Vaudreuil, governor of Canada, received intelligence of the arrival of the fleet from England, and of the preparations making in the colonies for the invasion of Canada, and had omitted nothing in his power to put it into a state of defence. No sooner was he apprised of so many ships wrecked and so many bodies with red coats driven on shore, and that the river was clear of ships, than he ordered the whole strength of Canada towards Montreal and lake Champlam. At Chambly he formed a camp of three thousand men to oppose general Nicholson* Had ' the general crossed the lake, it might have been difficult for him to have returned in safety.

Very providential it was, that all the provincial transports, except a small victualler, were preserved. The crew of the victualler were saved, and not a provincial lost. The loss and disappointment, nevertheless, were exceedingly grievous to the colonies. Many pious people, after so many attempts had been blasted, gave up all expectatipns of the conquest of Canada. They imagined it was not the design of providence, that this northern continent should ever wholly belong to any one nation.t

. " Rider's Hist, of Kiigland, vol. ixxii. p. 180, 190.
. 'tHutchinson, vol. ii. p. 193—106. Smith's Hist, of New-York, p.
130,131.

Upon the return of general Nicholson's army, and the Book 1. report of Vaudreuil's force, the country were net only ^*~v-**s chagrined with disappointment, but alarmed with fear. 1711. They were apprehensive, that the enemy, in different parties, by different route's, would, with redoubled fury, harass and desolate the country.

To return to the affairs of Connecticut, the history of which has been in some measure interrupted with the general account of the war, it should be observed, that Joseph Talcott was this year chosen into the magistracy in the stead of Josiah Rossiter, Esq. An important alteration was also made, at the session in May, respecting the supe- gu . rior court. Until this time, it had been holden at two court'0' places only, Hartford and New-Haven, and at two terms made cirannually. This was found to be an affair of expense and ?Lilar, inconvenience. It was therefore resolved, that the supe- .17i^| rior court should sit twice annually, in each of the counties, and that all actions should be tried in the. county in which they originated.

When the assembly met in October, an address was pre-Oct,11Ulpared to be presented to her majesty representing the exertions of the colony in her service, condoling her on the disappointment with respect to the expedition, and praying for the continuance of her favor to the colony.

At the session in May, 1708, the assembly made a grant Newtawn of a township at a place called Pohtatuck, from a river of '^J*0~ that name upon which part of it lies. At this session it was incorporated and named Newtown,

A township had been given, several years before this Coventry time, by Joshua, sachem of the Moheagans, lying north of fettjedand Lebanon and west of Mansfield, to certain honorable lega- rated. tees in Hartford- The donation was approved by the assembly. The legatees conveyed their right to William Pitkin, Joseph Talcott, William Whiting, and Richard Lord, to be a committee to lay out said township and make settlements on the lands. On the 9th of May, 1706, the general assembly authorized those gentlemen to act as a committee for those purposes. October 11th, 1711, this committee was rc-appointcd, with one Nathaniel Rust, who had already settled upon the lands, more effectually to carry into execution the design of their former appointment. The township, at the same session, was named Coventry. Nathaniel Rust and some others settled in the town about the year 1700 ; but the settlement of it has generally been dated from 1709. In the spring of this year, a number of good householders, from Northampton and other places, moved into the town, and the inhabitants were so increas.

Book I. ed, in about two years, that they were incorporated with

v^-v-w ihe privileges of other towns. The planters were from a

1711, great variety of places, but principally from Northampton

and Hartford.

Special jn consequence of letters from governor Dudley, of BosKey1":!^' ton' ant^ ^roirt genera' Nicholson, relative to the unsuccessnil". ' fulness of the late expedition, a special assembly was called, November 3d, 1711. The design of it was to consult the best means of acquainting her majesty truly how the affair was; what exertions the colonies had made, and that it was not through any fault of theirs that the enterprise was frustrated. It was judged best, that the colonies should make a joint representation, and that the pilots should be sent to England, to be examined and declare before her majesty what they knew concerning the shipwreck. The assembly determined, that the affair was of great importance to the colonies ; and that John Mayhew, of New-London, who was the only pilot from Connecticut, should, forthwith, proceed to Great-Britain, with the pilots from Massachusetts. It was also resolved jointly, with the other colonies, to petition her majesty for another armament, in the spring, to assist them in the reduction of Canada. In the petition from Connecticut!, the lesislaturc lamented the miscarriage of the expedition, and the fatal consequences of it to these colonies. They represented it wonld put them to great expense to employ such a number of men as were necessary ta defend such extensive frontiers as theirs were ; and that, after all their exertions, one family and town after another would be swept away by the enemy. They expressed their apprehensions, thai unless another expedition should be undertaken against the enemy, they would, in the spring, send out a greater number of .scalping and plundering parties, than they had done in the preceding years of the war; and that her majesty's subjects would be greatly distressed. It was also suggested, that there was danger that the enemy would draw offmany of the Indians who dwelt among them, as well as the Indians of the Five Nations, and engage them against the colonies. It was also urged, that the colonies were of great importance to her majesty's interest, and that it would be impolitic to suffer the enemy to possess so large a proportion of her majesty's dominions in North America, as they actually inhabited and claimed. It was insisted, that, by the smiles of providence on her majesty's arms, the settlements in Canada might be easily reduced to her majesty's obedience. They prayed her to revive the expedition, and promised a cheerful obedience to her commands, in contributing their proportion to the common ser- Book I. vice.t -^*~v~*s

The petitions were sent over seasonably, and the pilots 1712. were a considerable time in London, waiting to be examined, and give information, relative to the loss of the transports, and the miscarriage of the expedition. However, no examination was ever made concerning the failure of the enterprise. It did not appear that much had been expected from it in England, nor that people were discontented at the issue, or interested themselvcs.very greatly in the affair. The court shewed no disposition to make any further attempt upon Canada.

The election in 1712, made little or no alteration with Election, respect to public officers. Nothing very material appears May »">» to have beeri transacted this year. The legislature made 1712' the usual provision for the defence of this colony and the county of Hampshire.

Nathan Gould, E^q. the deputy governor, was appoint- Regulation ed chief judge of the superior court. William Pitkin, Rich- ^^J. su~ ard Christopher, Peter Burr, and Samuel Eells, Esquires, courtj were appointed assistant judges. In the absence of the May, deputy governor, William Pitkin was appointed chief judge;17I2and in case either of the other judges were absent, any one of the magistrates was authorized to sit in his stead. Until this time, the judges of the superior court had been allowed nothing more than the fees of it. An act was, therefore, passed at the October session, that the judges, for the time being, upon laying their accounts before the assembly, should be allowed an honourable compensation for their expenses and services.

About this time, the inhabitants of New-Milford were New-MHincorporated and vested with town privileges.* ford incor

At the election in May, 1713, Mr. John Sherman, who 0°" uih. had been some time speaker of the lower house, was chosen into the magistracy.

In October, 1687, a grant of lands, commonly called the p0mfret Mashamoquet purchase, was made by the general assem- incorporably, to major James Fitch, lieutenant William Haggles, Mr. h?'_Mr John Gore, Mr. John Pierpont, Mr. John Chandler, Mr. ' Benjamin Sabin, Mr. Samuel Craft, Mr. John Grosvenor, Mr. Joseph Griffin, iMr. Samuel and John Ruggles, and Mr. Nathan Wilson. The most of these planters were from Roxbury, in Massachusetts. Some of them moved

t Petition on file.

* About this time, William Palridge, Esq. of Newbury, and Jonathan Belcher, of Boston, opened a copper mine at Simsbury; and for their encouragement, the assembly exempted the miner/-; operator;, and labourers, from military duties, for the term of Tour years.

Book I. on to the lands in 1686, before the grant was made. At v^-v-^/the session in May, 1713, the inhabitants were incorpora1713. ted and vested with town privileges. The name was changed from Mashamoquet to 1'omfret.

Settle- In 1708, the assembly of Connecticut determined, that,

mentoftheunless tnc province of Massachusetts would accept of ihe Massa- terms which they had proposed, relative to- the line between chuKtti. them, they would make application to her majesty, desiring that orders might be given, that Massachusetts forthwith should mutually join with Connecticut in running and settling the boundary line between the colonies. Massachusetts, at that time, would not consent to run the line as it had been proposed. They would not grant that there had been any mistake in running it; but if there had been, they insisted, that, as it was run so long before the charter was granted to Connecticut, and they had been in possession of the lands in controversy for sixty-six years, and several towns and plantations had been settled upon them, it was not then reasonable to draw it into question. The assembly of Connecticut, therefore, in 1709, approved a letter, addressed to the lords of trade, giving reasons why the linn run by Woodward and Saffcry ought not to be established ; and it seems to have been the determination of the legislature to have appealed to her majesty with respect to the partition line; but several circumstances finalRensonf of ly prevented. Governor Dudley, who was a man of unwUhout'an ?omtnon intrigue and duplicity, had many friends and great appeal to influence at court. Connecticut had no such friends, or her majes- influence, with the court party. Sir Henry Ashurst, their '/ agent for many years, appears now to have been no more;

and they had not yet sufficient time to fix upon and have proof of the fidelity and ability of another in his place. The colony was poor, and had been put to great expense, in defending itself against the complaints of governor Dudley, lord Cornbury, and other enemies, and against the claims of Mason and his party. The ministry were high tories, and inimical to all charter governments. The legislature were apprehensive that their enemies were again concerting measures to deprive them of all the privileges which they had so dearly bought. Massachusetts also, in some good measure, agreed to part of the terms proposed in 1708. Jt was, therefore, in full view of these circumstances, judged most expedient to make the best settlement which could be obtained, without an appeal to her majesty.

Upon the 13th of July, 1713, commissioners, fully empowered from each of the colonies, came to an agreement, i

which was adopted by each court. They were both care- Book I. ful to secure the property to the persons to whom they had s^-v-%^ made grants of lands, and to maintain the jurisdiction over 1713. the towns which they had respectively settled. It was, Settletherefore, expressly stipulated, as a preliminary, that the ?ent,of.

, ,," ,u u L- L t boundaries

towns should remain to the governments, by which they wju, Mashad been settled ; and that the property of as many acres sachusett*. as should appear to be gained by one colony from the other, should be conveyed out of other unimproved land, as a satisfaction or equivalent. With respect to about two miles, claimed by Windsor upon the town of Sufficld, concerning the validity of which there had been a long contest, it was agreed, that, if the tract fell within the line, it should belong to Connecticut.

On running the line, it was found, at Connecticut river, to run ninety rods north of the north-east bounds of Suffield; and it appeared that Massachusetts had encroached upon Connecticut 107,793 acres, running a due west line from Woodward's and Saffcry's station. Massachusetts made a grant of such a quantity of land to Connecticut, and it was accepted as equivalent. The whole was sold, in sixteen shares, in 1716, for the sum of 6831. New-England currency.* The money was applied to the use of the college.

Notwithstanding the long and expensive controversy ofgettfeConnecticut with the colony of Rhode-Island, relative to ment with the Narraganset country, and notwithstanding the king's , commissioners, and attornies of the greatest fame, determined, that the title was, undoubtedly, in the governor and company of this colony, yet it was judged expedient to give up the claim. Lands were of so little value, and controversies before king and council so expensive, and the event so uncertain, that the legislature determined rather to comply with governor Wintnrop's and Clark's agreement, than to prolong the controversy. The court party, both in king William's and queen Anne's reign, appeared reluctant to establish the charter limrts~of Connecticut at Narraganset river and bay; otherwise they would have advised to establish the judgment of the king's commissioners ; and the king, or queen, would have adopted the same opinion, and established the boundary according to the charter. The court, probably, were influenced by political principles. The establishment of the eastern boundary

* This wan a little more than a farthing per acre, and shows of what mall value lund was esteemed at that day. It affords, also, a striking demonstration, that, considering the expense of purchasing them of the .native*, and of defending them, they cost our ancestors five, if not'ten timeu their value.

Book I. of Connecticut at Narraganset river and bay, would have ^-^^J ruined Rhode-Island, by reducing them to limits too small 1713. Tor a colony. Connecticut was, doubtless, fully sensible of these dispositions of the sovereigns and court of GreatBritain, and it, probably, operated as a strong motive to induce them to give up their claim.

In October, 1702, a committee was appointed to make a complete settlement of the boundary line between the colonies, reserving to all persons concerned, their entire property in lands and buildings, according to the agreement of governor Winthrop and Mr. Clark. On the 12th of May, 1703, the committees from the two colonies agreed, " That the middle channel of Pawcatuck river, alias Narraganset river, as it extends from the salt water upwards, till it comes to the mouth of Ashaway river, where it falls into the said Pawcatuck river, and from thence to run a straight line till it meet with the south-west bounds or corner of Warwick grand purchase, which extends twenty miles due west from a certain rock, lying at the outmost point of Warwick neck, which is the south-easterly bounds of said purchase ; and from the said south-west bounds, or corner of said purchase, to run upon a due north line, till it meet with the south line of the province of Massachusetts Bay, in New-England : This to be, and for ever remain to be the fixed and stated line between the said colonies of Connecticut and Rhode-Island. Always provided, and if is hereby intended, that nothing in the aforementioned agreement, or any clause thereof, shall be taken or deemed to be the breach or making void of the fourth article Id the agreement made between the agents of the said colonies of Connecticut and Rhode-Island, viz. John Winthrop, Esq. and Mr. Daniel Clark, for maintaining property, dated April 7th, 1663, but that the same shall be kept and justly performed, according to the true intent and meaning thereof; and that all former grants and purchases, granted by, or made within either of the colonies, and all otiicr ancient gritnftr confirmed by the authority of Connecticut colony within the township of Westerly, in the colony of Rhode-Island, shall be duly preserved and maintained, as fully and amply, to all intents and purposes, as if they were lying or continued within the bounds of the colony, by the authority of which it was granted or purchased."*

Notwithstanding this agreement, Rhode-Island, about this time, disowned its authenticity, pretending that iheir

< Agreement oo fil<;, signed with the bonds of the commissioners, and sealed with inne seaJs.

commissioners were not empowered to conclude fully and Book I. finally upon such settlement. The cause was heard by v^r~v-x^ the king in council, some years after, and decided accord- 1713, ing to the agreement of the commissioners as stated above.

September 27th, 1728, the line was finally ascertained and distinguished by proper monuments and boundaries. Roger Wolcott, James Wadsworth, and Daniel Palmer, on the part of Connecticut, and William Wanton, Benjamin Kllery, and William Jenks, in behalf of Rhode-Island, were the committees for the running and final fixing of the line.

No colony, perhaps, had ever a better right to the lands Connect!comprised in its original patent than Connecticut, yet none cutunforhas been more unfortunate with respect to the loss of ter-t(,e loss of ritory. King Charles the second, in favor of his brother territory, the duke of York, granted a great part of the lands contained within its original limits to him, and the legislature, for fear of offending those royal personages and losing their charter, gave up Long-Island and agreed to the settlement of the boundary line with the king's commissioners. For the reasons which have been suggested they lost a considerable tract on the north and on the east. Indeed, considering the enemies and difficulties with which they had to combat, it is admirable that they retained so much territory, and so nobly defended their just rights and liberties.

The peace of Utrecht was signed by the plenipotentiaries of Great-Britain and France, March 30th, 1713. Official accounts of the pacification and orders for immediately proclaiming the peace were received by the governor of Connecticut, on the 22d of August. The governor hav-Peace proing called together the deputy governor and council, they, claimed, on the 26th, made a formal proclamation of peace between ^3' 28th) the two nations.

Upon the pacification with France, the Indians buried the hatchet, and peace, widi her olive branch, once more gladdened the colonies.

Connecticut had not been less fortunate in this, than in former wars. A single town had not been lost, nor had any considerable number of the inhabitants fallen by the hands of the enemy. In Philip's, king William's, and queen Anne's wars, Connecticut lost only the buildings and part of the effects of one town. The inhabitants of Simsbury, when consisting of about forty families, as the tradition is, supposing themselves in danger of a- surprise, by the enemy, buried a considerable part of their effects, and generally removed back to Windsor. The enemy, finclBook I. ing the town nearly deserted, fell upon it, burned the build

v^-v-^ ings, and captivated several of the inhabitants. When

1-713. the people moved back, such an alteration had been made,

by the burning of the buildings and the growth of weeds

and bushes, that the particular spot in which they had

buried their effects, could not be found, and they were

never recovered. This, most probably, was in the spring

of 1676^ when the Narragansct and other Indians appeared

in strong parties upon the river above.

State of The expense of this war was very considerable. Some the colony ycars t|le colony paid a tax of about seven pence and eight pence on the pound, on the whole list of the colony. Bc

mence- sides, it was found necessary to emit, at several time?* mentof from June, 1709, to October, 1713, 33,5001. in bills of ptace' credit. Provision had been made, by acts of assembly, for the catling in of the whole, within the term- of about Amount ofseven years from the termination of the war. Twenty bills of thousand pounds only were-in circulation in October, 1713. credit. <£^e emjssjolls Were all m the same form, and^ by a law of the colony, the bills of each were to be rtceiv-ed, in all payments at the treasury, at. five per cent, better than money, or more than expressed on the face of the bill. In all other payments, it was enacted, that they should be received as mone)'. So small was the som, and such was the advance at which the bills were received at the treasury, that they appear to have suffered little or no depreciation. As some of the small biHs had been altered, and the sum expressed made greater than in the original ones, the assembly passed an act for calling them all in, and emitting 20,0001. in new bills, which the treasurer was directed to issue.

After pursuing the history of the colony nearly eightj years, from the commencement of its first settlements, it appears, that, notwithstanding the many wars, numerous hardships, and difficulties, which it had almost continually to combat, its progress in numbers, plantations, husbandry, wealth, and commerce, were considerable.

Within the colony, and under its jurisdiction, were thirtyeight taxable towns, and forty sent deputies.

Coonties and Towns, October 8th, 1713.

Number of County of Time of

towns, and HARTFORD.

Settlement.

!ettn°t Hartford, 1635

orincorpo-Weathersfield, 1634

ration. Windsor, 1635

Farminglon, 1644

Middletown, 1651

Sims bury, 1650

Maddam, 1668
Glasten bury made a

town, 1696

Waterbury, 1686

Windham, 169?

Plainfield, 1639

East-Haddam, 1713

Canterbury, 1703

Mansfield,
Colchester,
Hebron,
Killin.gly,
Coventry,

County of
New-london.
New-London,
Saybrook,
Norwich,
Lyme,
Stonington,
Killingworth,
Preston,

Lebanon incorpora-
ted,

Voluntown,
Pomfret incor

County of
New-haven,
New-Haven,
Milford; 1639

It was customary with the assembly, from the first settlement of the colony, to release the infant towns two, three, or four years, at first, from all taxes to the commonwealth; and especially this was the universal practice, while they were building meeting-houses and settling ministers. For these reasons, the eight towns marked with asterisks, at this time, appear to^have been released from public taxation.

Attempts had been made for the settlement of Ashford; two families moved on to the lands in 1710, and began settlements, but it was not incorporated until October, 1714, The assembly had, also, appointed committees, and passed several acts respecting the settlement of New Fairfield, but it does not appear <o have been incorporated at this time. Exclusive of the towns on Long-Island, and some others in New-York, and the town of Westerly, in RhodeIsland, Connecticut had settled forty-fit* towns under its own jurisdiction. Forty of them sent deputies. The house .of representatives, when full, consisted of eighty members. t t of ^

The grand list of the cobny was 281,0831. The militia colony, consisted of a regiment in each county, and amounted touumberof nearly four thousand effective men. The number of in- °JJ)lla'j*tand {habitants was about seventeen thousand. r,nt,.

The shipping consisted of two brigantines, about twenty Shipping.

Book I, sloops, and some other small vessels. The number of v^-v-^> seamen did not exceed a hundred and twenty.

1713. There were three considerable towns in the colony imTowns der the government of Massachusetts, Suffield, Enfield, and granted Woodstock. Suffield and Enfield were part of Springby Massa- fi^d, which was purchased by Mr. Pyncheon and his comrim--f.it-. pany, of the natives, the original proprietors of the soil. This township, like Windsor, was of great extent. At first it was supposed to belong to Connecticut, and it always would have done had not the boundary line been fixed contrary to the expectations of the first planters. In 1670, a grant of Saffield was made to major John Pyncheon, Mr. Elizur Holyoke, Mr. Thomas Cooper, Mr. Benjamin Coo]y, George Cotton, and Rowland Thomas, by the general court of Massachusetts, as a committee to lay it out and plant a township. And about that time it was settled, and incorporated with town privileges.

Enfield was settled by people from Massachusetts, about the year 1681. A grant of the township, which is six miles square, was made to several planters about two years before. The planters came on with numbers and strength. They brought with them two young gentlemen, one Mr. Whittington for a schoolmaster, and Mr. Welch, a candidate for the ministry, to be their preacher. In the year 1769, the number of families in the town was 214, and the number of inhabitants was 1,380. The town was named after one of the same name in England.*

Courts in Connecticut.

Courts and The general court, or assembly, in May and October. judges. The sessions at this period, generally, did not exceed ten or twelve days. The expense of government was very inconsiderable. The expense of the two sessions annually hardly amounted to 400 pounds. The salary of the governor was 200 pounds, and that of the deputy governor hfty pounds. The whole expense of government, probably did not exceed eight hundred pounds annually.t

The Superior court, which was made circular in 1711. At the May session, 1711, it was enacted, that there should be one superior court of judicature over the whole colony: That this court should be holden annually, within and for the county of Hartford on the third Tuesdays in March and September : Within and for the county of New-Haven on tfce second Tuesdays in March and September: Within arid for the county of Fairfield, at Fairfield, on the first Tuesdays in March and September; and within and for Book I. the county of New-London on the fourth Tuesdays in said v^r-v-w months. 1713.

* With respect to Woodstock there are no records or minutes.

t The i-\|ir» r* of government in Connecticut did not generally antonni to the «.-:. ry of ft ^ -r.-v governor,

This court consisted of one chief judge and four other judges, three of whom made a quorum. The judges of the court were all magistrates. William Pitkin, Esq. was chief judge. Richard Christopher, Peter Burr, Samuel Eells, and John Hayncs, Esquires, were assistant judges. The wages of the chief judge were ten shillings a day, while on the public service. The other judges were allowed the fees, by law, payable to the bench.

The inferior, or county courts. At the session in May, 1665, counties were first made. From that time each county had a court of its own. This, after a few years, from its first institution, consisted of a chief judge and four justices of the quorum. The business of these courts has been already sufficiently noticed.

In each county there was a court of probates, consisting of one judge and a clerk. In this all testamentary afl.nirs were managed. From this court appeals might be had to the county court. One of the magistrates of the county was commonly judge of this court. It met frequently, business was done with ease and dispatch, and with little expense to the fatherless and widow.

The manufactures of Connecticut at this time, were very inconsiderable. There was but one clothier in the colony. The most he could do was to full the cloth which waa made. A great proportion of it was worn without shearing or pressing.*

The trade of the colony was not considerable. Its foreign commerce was indeed next to nothing. The only articles exported directly from it to Great-Britain were turpentine, pitch, tar, and fur. But these.more generally were sent directly to Boston or New-York, and were traded for such European goods as were consumed in the colony. Its principal trade was with Boston, New-York, and the West-Indies. To the twp former the merchants traded in the produce of the colony, wheat, rye, barley, Indian corn, peas, pork, beef, and fat cattle.

To the West-Indies the merchants exported horsesf staves, hoops, pork, beef, and cattle. In return they received rum, sugar, molasses, cotton wool, bills of exchange, and sometirnes small sums of money. But little more was imported, than was found necessary for home consumption.

At this period there was not a printer in the colony.

* Answer to questions from the lord;j of trade and plantation*, 1710.

Book I. For this reason a great proportion of the laws were only in sx-v-x^ manuscript. The assembly had now desired the govern1713. or and council to procure a printer to settle in the colony. It was determined soon to revise and print the laws which made the assembly more urgent in the affair at that time. The council obtained Mr. Timothy Green, a descendant of Mr. Samuel Green of.Cambridge in Massachusetts, the first printer in North-America. The assembly for his encouragement agreed that he should be printer to the governor and company and that he should have fifty pounds, the salary of the deputy governor, annually. He was obliged to print the election sermons, the proclamations for fasts and thanksgivings, and laws which were enacted at the several sessions of the assembly. In 1714, became into Connecticut, and fixed his residence at New-London. He and his descendants were, fora great number of years, printers to the governor and company of Connecticut.* At the period to which the history is brought down, almost all that part of the colony on the east side of Connecticut was settled. Ashford, Tolland, Stafford, Bolton, and two or three other towns have been settled in that part of thfr colony, and the greatest part of the county of Litchfield since. The settlement of these has been attended with little difficulty in comparison with what was experienced in the planting and defending of the former.

Who can contemplate the hardships, labors, and dangers of our ancestors, their self-denial, magnanimity, 6rmDcss, and perseverance, in defending theirjust rights, and the great expense, though they were poor, at which they maintained and transmitted the fairest inheritance to us, and not highly esteem and venerate, their characters ? If they had some imperfections, yet had they not more excellencies, and did they not effect greater things, for themselves and posterity, than men have generally done ? Is it possible to review the sufferings, dangers, expense of blood and treasure, with which our invaluable liberties, civil and religious, have been transmitted to us, and not to esteem them precious ? Not most vigilantly and vigorously defend them f Shall we not atalj hazards, maintain and perpetuate them ? Can we contemplate the sobriety, wisdom, integrity, industry, economy, public spirit, peaceableness, good order, and other virtues, by which this republic hath arisen from the smallest beginnings, to its present strength, opulence, beauty and respectability, and not admire those virtues ? Not be convinced of their high importance to society ? Shall we not make them our own ? And by the con- Book I. slant practice of them, hand down our distinguished liber- \^~*^*s ties, dignity, and" happiness, to the latest ages ?

* The first printer in this colony was Thomas Short. He was recommended to the colony by Mr. Green. He came to New-London about the year 1709. In 1710, he printed Saybrook Platform, and soon after died.

CHAPTER XIX.

A View of the churches of Connecticut, from 1C65 16 17T4T continued from Chapter XIII. The general assembly appoint a synod to determine points of religious controversy. The ministers decline meeting under the name of a synod. The assembly alter the name, and require them to meet as a general assembly of the ministers and churches, of Connecticut. Seventeen questions weft proposed to the assembly to be discussed and answered. The assembly of ministers and churches meet and discuss the questions. The legislature declare that they had not been decided, and give intimations that they did not desire that the ministers and churches of Connecticut should report their opinion upon them. They express their desires of .a larger council from Massachusetts and New-Plymouth. The Rev. Mr. Davenport removes to Boston. Dissension at Windsor. Mr. Bulkley and Mr. Fitch are appointed by the assembly to devise some way in which the churches 'might walk together, notwithstanding their different opinions relative to the subjects of baptism, church communion, and the mode of church discipline. The church at Hartford divides, and Mr. Whiting and his adherents are allowed to practise, upon congregational principles. The church tit Stratford allowed to divide, and hold distinct meetings. Mr. Walker and his hearers, upon advice, remove and settle the town of Woodbury. Deaths and characters of the Rev. Messrs. John Davenport and John War/iam. Gcntral attempts for a reformation of manners. Religious state of the colony in 1680. Attempts for the instruction and christianizing of the Indians in Connecticut. Act of the legislature respecting Windsor. The peopi» there required peaceably to settle and support Mr. Mather. Owning or subscribing the covenant introduced at Hartford. College founded, and trustees incorporated. Worship according to the mode of the church of England performed, in this colony, first at Stratford. Episcopal church gathered there. Act of assembly requiring the ministers and churches of Connecticut to meet and form a, religious con

Book I. stitution. They meet and compile the Saybrook Platform.

v-'-vs./ Articles of discipline. Act of the legislature adopting the 1666. Platform. Associations; consociations. General association. Its recommendations relative to the examination of candidates for the ministry, and of pastors elect previous to their ordination. Ministers, churches, and ecclesiastical societies in Connecticut, in 1713. Degree of instruction. The tohole number of ministers in the colony, from itsfirst settlement to that period.

ALTHOUGH the legislature of Connecticut, during the controversy respecting the union of the colonies^ judged it expedient to transact nothing relative to the religious controversies then in the country, yet, as soon as the union was well established, they entered seriously up

Oct. llth on measures to bring them to a final issue. For this pur

1666. ' pose, they passed the following act.

" This court doth conclude, to consider of some way or

Ac.* *P~ means to bring those ecclesiastical matters, that are in difference in the several plantations, to an issue, by stating sonif suitable accommodation and expedient thereunto. And do therefore order, that a synod be called to consider and debate those matters; and that the questions presented to the elders and ministers that are called to this synod, shall be publicly disputed to an issue. And this court doth confer power to this synod, being met and constituted, to order and methodize the disputation, so as may most conduce, in their apprehension, to attain a regular issue of their debates."

The court ordered, that all the preaching eklers, or ministers, who were or should be settled in this colony, at the time appointed for th.e meeting of the synod, should be sent to, to attend as members of it. It was also ordered by the legislature, that Mr. Mitchell, Mr. Brown, Mr. Sherman, and Mr. Glover, of Massachusetts, should be invited to assist as members of the synod. It was also ordered, that, upon the meeting of a majority of the preaching elders in the colony, they should proceed as a synod. Further, it was enacted, that tire questions proposed by this assembly, should be the questions to be disputed by the.synod. The meeting of the synod was appointed on the third Wednesday in May, 1667. The secretary was directed to transmit to all the ministers in this colony, and those invited from the Massachusetts a copy of this act of assembly, and of the questions to be disputed.

It seems, that the ministers bad objections to meeting as a synod, and to the order of the assembly vesting them with synodical powers. Numbers of the ministers and Book I. churches appear to have been too jealous for their liberties v-x-^^x-/ lo admit of the authority of synods appointed by theassem- 1667. bly. The legislature, to ease this difficulty, in their May Name of session, judged it expedient to alter the name of the coun- ^red"0'' cil, and to call it an assembly of the ministers of Connecti- jjay 9^, cut, called together by the general court, for the discussing 1667. of the questions stated, according to their former order.

The assembly of ministers convened at the time appoint- The ascd, and having conversed on the questions, and voted not sembly of to dispute them publicly, adjourned until the fall, deter- miinsters mining then to meet again, and make their report, should1"' it be the desire of the legislature. The questions were ihe same which had been exhibited ten years before.* The* i-ame points of controversy still subsisted. The churches continued in their former strict method of admitting members to their communion, and maintained their right to choose their ministers, without any controul from the towns or parishes of which they were a part. It docs not appear, that one church in the colony had yet consented to the baptism of children, upon their parents owning the covenant, as it was then called. It was insisted, as necessary to the baptism of children, that one of the parents, at least, should be a member in full communion with the church, and in regular standing.

It seems, that the assembly's particularly inviting the Drtjgn ot gentlemen from the Massachusetts, in their name, to attend inviting the general assembly of ministers and churches, was to en- ?TM*t,t?

i. i F t i / i r *~i from the

lighten and soften the minds of the mimsters of Connecti- Massachm cut in those points, and to obtain a majority in the assem- tetts. bly fora less rigid mode of proceeding. Mr. Mitchell was the most powerful disputant of his day, in New-England, in favour of the baptism of children, upon their parents owning the covenant, though they neglected to obey and honour Christ, in attending the sacrament of the Lord's Supper. It appeared, however, that this party were not able to carry any point in the assembly, and that the ques- * tions were not likely to be determined according to the wishes of the majority of the legislature. Measures were, therefore, adopted to prevent the meetingand result of the assembly, at their adjournment in the fait.

In September, the commissioners of the united colonies Resolumet at Hartford, and they interposed in the affair. They tionofthe resolved, "That when questions of public concernment,c.°1I"nis"

,. . i ' . . ' SIonLTS.

about matters ol iaith and order, do arise in any colony, sept. 1667. .hat the decision thereof should be referred to a synod, or * See chapter siii. p, Sit), 317. II 3

council of messengers of churches, indifferently called out of the united colonies, by an orderly agreement of all the general courts; and that the place of meeting be at, or near Boston." This vote was, doubtless, obtained by the art of those gentlemen, among the civilians and ministers, who wished to prevent the meeting of the assembly of ministers, and their resulting upon the questions.

The reverend elders Warham, Hooker, and Whiting, in a writing under their haads, represented to the assembly, at their session in October, that it was the desire of the assembly of ministers, that there might be a more general meeting of ministers from Massachusetts, to assist in the consideration and decision of the questions proposed. If. was also represented to the assembly, that though they and others were for disputing the questions publicly, and offered to do it, yet the major part of the assembly refused tht offer.

The Rev. Mr. Bulklcy and Mr. Haynes, on the other hand, in a letter addressed by them to the assembly, represented, that the assembly had authorized a major part of the ministers to methodize the proceedings of the assembly, and that a majority were against a public disputation of the questions: That it was viewed as what would dishonour God, disserve the peace and edification of the churches, and the general interests of religion; and it was judged most expedient to deliberate upon and decide the questions among themselves, as was usual in councils, without a public disputation. They therefore observed, that whatever fair offers were made them to dispute the questions publicly, they could not consistently do it, as it was contrary to a major vote of the assembly of the ministers, and, in their opinion, would disserve the interest of the churches. With respect to the present application, made by Messrs. Warham, Hooker, and Whiting, they observed, that it appeared strange to them, as a considerable number of the ministers were positively against it, and others were neuter, and not in the vote for a more general council; and that it was the vote of the assembly of ministers, to meet again on the third Wednesday in October. They assured the legislature, that they were ready and determined to obey all their lawful commands; and they desired information from them, whether the assembly of ministers should meet again, according to adjournment, or not ? The general assembly voted, that the questions had not been decided, and desired the several churches and plantations in the colony, to send their teaching elders, at their own expense, to sit in council, with such of the elders of Mas.

sachusetts and Plymouth as should be appointed, to con- Book I. sider and determine the points in controversy. The as- v^-v-x^ sembly desired, that the general court of Massachusetts 1667. might be certified of the affair, and would appoint time and place for the meeting of a synod, if they should judge it expedient.

Whether the assembly really wished to have a general council, or whether this was only a matter of policy to prevent a determination of the questions contrary to their wishes, is not certain. No general council, however, was called; nor does it appear, that any motion was made afterwards for that purpose. Indeed, the legislature seem to have fallen under the conviction, that the clergy and churches would not give up their private opinions, in faith and practice, to the decisions of councils; that honest men would think differently, and that they could not be convinced and made of one mind by disputing. No further attempts were-ever made by them, to bring those points to u public discussion.

While these affairs were transacting in Connecticut, a remarkable transaction took place in the first church at Boston, the most considerable church in New-England. Their pastor, the Rev. Mr. Wilson, was one of the synod in 1662, and one who had adopted its determinations relative to the subjects of baptism. His church also appeared to have consented to the practice of admitting persons to own their covenant and bring their children to baptism. Nevertheless, after Mr. Wilson's decease, they elected the fhe Rev. Mr. Davenport, of New-Haven, for their pastor, as church at the only gentleman worthy to succeed the distinguished Boston lights which had illuminated that golden candlestick. He n^^ had publicly written against the synod, and was one of the for their most strict and rigid ministers, with respect to the admis- pastor sion of members to full communion, the subjects of baptism, and with respect to church discipline, in New-England. He had now arrived nearly to seventy years of age, yet, in 1667, upon the application of the church and congregation at Boston, he accepted their invitation, and the next year removed to that capital. He had been about He rethirty years minister at New-Haven, and was greatly es- moves u teemed and beloved by his flock. This circumstance, with ostoa. his advanced period of life, made his removal very remarkable. His church and people were exceedingly unwilling that he should leave them, and, it seems, never formally gave their consent. The affair, on the whole, was unhappy. It occasioned a separation from the first church in Boston ; and the church and congregation at New-Ha<

Book I. vcn, for many years, remained in an uncomfortable state, v.*-v-"«^ unable to unite in the choice of any person to take the

1G67. pastoral charge of thorn.

Cootea- The town of Windsor had, for many years, been almost Wndso '" IjerPetua' controversy, relative to the settlement of a minister. After Mr. Warham became advanced in years, he wished for a colleague, to assist him in ministerial labors. Various young gentlemen were invited to preach in the town; but such as pne part of the people chose for the minister, the other would violently oppose. Sometimes one party would appear with great zeal for one candidate, and the other would strive with equal engagedness for another. In such case advice had been given, that both the persons, for whom they were thus contending, should leave the town, and that application should be made to some other candidate. Much heat and obstinacy, howev. er, continued between the parlies, and all attempts to unite them were unsuccessful. It seems, that their passions were so inflamed, that, upon occasion of their meetings, their language and deportment were unbrolherly and irritating. One Mr. Chauncey was now preaching in the town, and parties were warmly engaged for and against him. The Aetofas- gencra' assembly, in this state of their affairs, enacted, semblyre- " That all the freemen and householders in Windsor and epecting Massacoe should meet at the meeting-house, on Monday iunt"hab" mornm§ next, by sun an hour high, and bring in their Oct. loth, votes for a minister, to Mr. Henry Wolcott: That those 7667. who were for Mr. Chauncey to be the settled minister of Windsor, bring in a written paper, and those who were not for him to give in a paper without any writing upon it: That the inhabitants during the meeting forbear all discourse and agitation of any matter, which may serve to provoke and disturb each other's spirits, and when thQ meeting is over return to their several occasions."

Mr. Wolcott reported to the assembly the state of ihe town, that there were eighty six votes for Mr. Chauncey unJ fifty five against him. The assembly, upon the petition of the minor party, and a full view of the state of the town, gave them liberty to settle an orthodox minister among themselves, and to the church and majority of the town to settle Mr. Chauncey, if they judged it expedient. It was enacted, that the minority should pay Ms, Chauncey until they should obtain another minister to preach and reside in the town. Mr. Chauncey was not finally ordained, but the affair was carried so far that a separation was soon after made in the church, and a distinct church was formed by the minority. The town continued in an unhappy state .of division, for aboyt sixteen years from Ibis time.

The legislature, having given over all further attempts Book I. to compose the divisions in the colony, by public disputa-v^-v->^ tion and the decisions of general councils, determined to 1668. pursue a different course. They conceived the design of Attempt uniting the churches in some general plan of church com- f°f B.PJaa munion and discipline, by which they might walk, notwith- amon?the standing their different sentiments, in points of less impor- churches tance. With this view, an act passed authorizing the RevMessrs. James Kitch, Gershom Bulklcy, Joseph Elliot, and Samuel Wakeman, to meet at Saybrook, and devise a way in which this desirable purpose might be effected. This appears to have been the first step towards forming a religious constitution. From this time it became more and more a general object of desire and pursuit, though many years elapsed before the work could be accomplished.

Notwithstanding the divisions in the church at Hartford, Church of some years since, had been so far composed and healed, J^ed"* that it had been kept together until this time, yet there intn two were really different sentiments among the brethren and be- churchei. iween the ministers, relative to the qualifications of church members, the subjects of baptism, and the mode of discipline. Mr. Whiting and part of the church were zealous for the strictly congregational way, as it has been called, practised by the ministers and churches, at their first coming into New-England. Mr. Haynes and a majority of the congregation were not less engaged against it. The difference became so great, that it was judged expedient, both by an ecclesiastical council and the assembly, that the church and town should be divided. An ecclesiastical council having first advised to a division, the general assembly, in October, 1669, passed the following act.

" Upon the petition presented by Joseph Whiting, &c. Act ofasto this court, for a distinct walking in congregational *embly rechurch order, as hath been settled according to the council *Pcctm8i1< of the elders, the court doth commend it to the church at Hartford to take some effectual course, that Mr. Whiting, &c. may practise the congregational way, without disturbance, either from preaching or practice, diversely to their just offence; or else to grant their loving consent to their brethren to walk distinct, according to such their congregational principles; which this court allows liberty in HartFord to be done. But if both these be refused and neglected by the church, then these brethren may, in any regular way, relieve themselves without offence to this court."*

* Parties ran high at this time in the colony ; four attistants and fourteen deputies dissented, and desired their dissent and ounes to be recordfd.

Book I. The next February, Mr. Whiting and his adherents rev^-sy^x^ solved and covenanted in the manner following, and form

1670. ed the second church in Hartford.

Deciara- " Having had the consent and countenance of the gene

tionofthe ral court, and the advice of an ecclesiastical council to en

fonnine" courage us in embodying as a church by ourselves, accord

the second ingly upon the day of completing our distinct state, (viz.

church. February 12th, 1669t) this paper was read before the

messengers of the churches and consented to by ourselves.

Viz.

" The holy providence of the Most High so disposing, that public opposition and disturbance hath, of late years, been given, both by preaching and practice, to the congregational way of church order, by all manner of orderly establishments settled, and for a longtime unanimously approved and peaceably practised in this place, all endeavours also (both among ourselves and from abroad) with due patience therein, proving fruitless and unsuccessful to the removing of that disturbance ; We, whose names arc after mentioned, being advised by a council of the neighbouring churches, and allowed also by the honorable general court, to dispose ourselves into a capacity of distinct walking, in order to a peaceable and edifying enjoyment of all God's holy ordinances, Do declare, that according to the light we have hitherto received, the foretnentioned congregational way (for the substance of it) as formerly settled, professed and practised, under the guidance of the first leaders of this church of Hartford, is the way of Christ; and that as such we are bound in duty carefully to observe and attend it, until such further light, (about any particular points of it) shall appear to us from the scripture, as may lead us, with joint or general satisfaction, to be otherwise persuaded. Some main heads or principles of which congregational way of church order are those that follow. Viz.

1. " That visible saints are the only fit matter, and confederation the only form of a visible church.

2. " That a competent number of visible saints, (witli their seed) embodied by a particular covenant, area true, distinct, and entire church of Christ.

3. " That such a particular church, being organized, or having furnished itself with those officers which Christ hath appointed, hath all power and privileges of a church belonging to it.

" In special,

i. " To admit or receive members.

2. " To deal with, and if need be, reject offenders. t This, according to the present mode of dating, was February, 1670.

3. " To administer and enjoy all other ecclesiastical or- Book I. dinances within itself. ^-v^s

4. "That the power of guidance, or leading, belongs 1670. only to the eldership, and the power of judgment, consent,

or privilege, belongs to the fraternity, or brethren in full communion.

5. " That communion is carefully to be maintained between the churches of Christ according to his order. *

6. " That counsel, in cases of difficulty, is to be sought and submitted to according to God."

Having made this declaration, the brethren proceeded to covenant in the following manner:

" Since it hath pleased God, in his infinite mercy, to manifest himself willing to take unworthy sinners near unto himself, even into covenant relation to and interest in him, to become a God to them, and avouch them to be his people, and accordingly to command and encourage them to give up themselves and their children also to him;

" We do, therefore, this day, in the presence of God,his holy angels, and this assembly, avouch the Lord JehoVah, the true and living God, even God the Father, the Son, and the Holy Ghost, to be our God, and give up ourselves and ours also unto him, to be his subjects, and servants 5 promising through grace and strength in Christ (without whom we can do notliing) to walk in professed subjection to him as our Lord and Lawgiver, yielding universal obedience to his blessed will, according to what discoveries he hath made, or shall hereafter make, of the same to us ; in special, that we will seek him in all his holy ordinances, according to the rules of the gospel, submitting to his government in this particular church, and walking together therein, with all brotherly love and mutual watchfulness, to the building up of one another in faith and love unto his praise. All which we promise to perform, the Lord helping us, through his grace iu Jesus Christ."

Nearly at the same time, when the contentions commen- Contiwerced in the church at Hartford, the people at Stratford fell s7.and.di~

. .. i , - r.. r 11... vision Hi

into the same unhappy state of controversy and division. the churcb During the administrations of Mr. Blackman, their first at stratpastor, the church and town enjoyed great peace, and con-fordducted their ecclesiastical affairs with exemplary harmony. However, he was far advanced in years, and about the year 1663 became very infirm, and unable to perform his ministerial labors. The church, therefore, applied to Mr. Mr. Israel Chaunccy, son of the president Charles Chauncey, Channcej of Cambridge, to make them a visit and preach among

Mr.

Walker

ordained.

Book 1. them. A majority of the church and town chose him for s^-v~x^ their pastor, and in 1665 he was ordained.* But a large 1670. and respectable part of the church and town were opposed to his ordination. To make them easy, it was agreed, that if, after hearing Mr. Chauncey a certain time, they should continue dissatisfied with his ministry, they should have liberty to call and settle another minister, and have the same privileges in the meeting house as the other party. Accordingly, after hearing Mr. Chauncey the time agreed upon, and not being satisfied with his ministerial performances, they invited Mr. Zechariah Walker to preach to them, and finally chose him for their pastor. He was ordained to the pastoral office in a regular manner, by the Rev. Mr. Hayncs and Mr. Whiting, the ministers of Hartford, sometime about the year 1667, or 1668. Both ministers performed public worship in the same house. Mr. Chauncey performed his services at the usual hours, and Mr. Walker was allowed two hours in the middle of the day. But after some time, it so happened, that Mr. Walker continued his service longer than usual. Mr. Chauncey and bis people coming to the house and finding that Mr. Walker's exercises were not finished, retired to a private house, and there performed their afternoon devotions. They were, however, so much displeased, that the next day they went over to Fairfield, and exhibited a complaint to major Gould, one of the magistrates, against Mr. Walker. The major, upon hearing the case, advised to pacific measures, and that Mr. Walker should be allowed three hours for the time of his public exercises.

In May, 1669. the general assembly advised the town to grant Mr. Walker full three hours for his exercises, until the next assembly in October. In the mean time, the partics were directed to call an able council to give them advice and assistance, and if possible to reconcile them. All attempts for a reconciliation, however, were unsuccessful. The parties became more fixed in their opposition to each other, and their feelings and conduct more and more unbrotherly. At length, Mr. Chauncey and the majority 'excluded Mr. Walker and his hearers the meeting house, and they convened and worshipped in a privaie dwelling.

Governor Winthrop, affected with the unhappy controversy and animosities subsisting in the town, advised, that Mr. Walker and his church and people should remove, and. that a tract of land, for the settlement of a new township, Book I. should be granted for their encouragement and accommo- v^->/-^> dation. Accordingly, Mr. John Sherman,* Mr. William 1670. Curtiss, and their associates, were authorized to begin a plantation at Pomperaug. Consequently, Mr. Walker and his people removed and settled the town of Woodbury, about the years 1673 and 1674. This gave peace to the town of Stratford, and Mr. Walker and his church and congregation walked in harmony among themselves and with their sister churches.

* Hit ordination was in the independent mode. It has been the tradition, that Elder Briramade laid on hands with a leathern milteo. Hence iV In* been termed the leathern mitten ordination.

The tradition is, that Mr. Walker and his church were not so independent, in their principles, as the church of Stratford; and that Mr. Walker was a more experimental, pungent preacher, than Mr. Chauncey. Mr. Chauncey was learned and judicious. They both became sensible that their conduct towards each other, during the controversy at Stratford, had not, in all instances, been brotherly, and, after some time, made concessions to each other, became perfectly reconciled, and conducted towards each other with brotherly affection.

During these transactions, those venerable fathers, who Death and. bad been singularly instrumental in planting, and had long character illuminated the churches of Connecticut and New-Eng-°|^'rtDa" land, the Rev. John Davenport and the Rev. John War-1670. ham, finished their course. Mr. Davenport died at Boston, of an apoplexy, March 15th, 1670, in the 73d year of his age. He was born in the city of Coventry, in Warwickshire, 1597. His father was mayor of the city. At about fourteen years of age, he was supposed to become truly pious, and was admitted into Brazen Nose college, in the university at Oxford. When he was nineteen, he became a constant preacher in the city of London. He appears, from his early life, to have been a man of public spirit, planning and attempting to serve the general welfare of the church. About the year 1626, he united with Dr. Gouge, Dr. Sibs, and Mr. Offspring, the lord mayor of London, the king's sergeant at law, and with several other attorneys and citizens, in a design of'purchasing impropriations, and, with the profits of them, to maintain a constant, able, and laborious ministry, in those parts of the kingdom, where the poor people were destitute of the word and ordinances, and such a ministry was most needed, and would be of the greatest utility. Such incredible

* Mr. Sherman was son of the Rev. John Sherman, of Watertown, he was some years speaker of the lower house, and afterwards one of tlie magistrates of this colony. He was one of Mr. Walker's principal hearers.

Book I. progress was made in this charitable design, that all the ^x-v~x-/ church lands, in the hands of laymen, would have been 1670. soon honestly recovered to the immediate service of the reformed religion. But bishop Lnrud, viewing the undertaking with a jealous, eye, lest it might serve the cause of non-conformity, caused a bill to be exhibited in the exchequer chamber, by the king's attorney-general, against the feoffees, who had the management of the affair. By this means, an act of court was procured, condemning the proceedings, as dangerous to the church and state. The fcoiTments and contrivances made to the charitable design, were declared to be illegal, the company was dissolved, and the money was confiscated to the use of his majesty. But as the affair met with general approbation, and multitudes of wise and devout people extremely resented the conduct of the court, the crime was never prosecuted* Laud, however, watched Mr. Davenport with a jealous eye, and as he sooii after discovered inclinations to nonconformity, he marked- him out as an object of his vengeance. Mr. Davenport, therefore, to avoid the storm, by the coirsent of his people, resigned his pastoral charge in Coleman-street. He hoped, by this means, to enjoy a quiet life; but he found his expectations sadly disappointed. He was so constantly harassed by one busy and furious pursuivant after another, that he was obliged to leave the kingdom, and retire into Holland. In 1633, he arrived at Amsterdam, and, at the desire of the people, who met him on his way,became colleague pastor with the aged Mr. Paget. After about two years, finding that he could not conscientiously administer baptism in that loose way, to all sorts of children, practised it) the Dutch churches, he desisted from his ministry at Amsterdam. While he was in this city, he received letters from Mr. Cotton, at Boston, itcquairiting him, that the order of the churches and commonwealth was then so set-tied, in New-England, by common consent, that it brought into his mind the new heaven and the new earth, wherein dwelleth righteousness. He, therefore, returned to London, and having shipped himself, with a number of pious people, came into New-England; and, as has been related, settled at New-Haven. He was a preacher of the gospel about fifty-four years, nearly thirty of which were spent at New-H,aven. He was eminently pious, given to devotion in secret and private; and it was supposed that he was abundant in ejaculatory prayer. He is characterized as a hard student and universal scholar; as a laboriousr prudent, exemplary minister; as an excellent preacher, speaking with a gravitv, energy, and agreeatleness, of which few of his brethren Book I. were capable. It is said, he was acquainted with great v^-v/-x> men, and great things, and was great himself.* 1070.

The Rev. John Warham survived Mr. Davenport but a short time. He expired on the 1st of April, 1670. He was about forty years minister in New-England; six at Dorchester, and thirty-four at Windsor. He was distinguished forJpiety and the strictest morals; yet, at times, was subject to great gloominess and religious melancholy. Such were his doubts and fears, at some times, that when he administered the Lord's supper to his brethren, he did not participate with them, fearing that the seals of the covenant did not belong to him. It is said, he was the iirst minister in New-England who used notes in .preaching; yet he was applauded by his hearers, as one of the most animated and energetic preachers of his day. :He was considered as one of the principal fathers and pillars of the churches of Connecticut.

After the close of the war with Philip and the Narragan- Oct. iC7fc set Indians, the general assembly recommended it to the Rec°mministers through the colony, to take special pains to in-tioaof~a. struct the people in the duties of religion, and to stir up reformaand awaken them to repentance, and a general reforma-tion of tion of manners. They, also, appointed a day of solemn I*anne"fasting and prayer, to supplicate the divine aid, that they might be enabled to repent, and sincerely amend their ways. The same measures were recommended, at the May session, the next year, and the people were called to humiliation and prayer, under a deep sense of the abounding of sin and the dark aspects of Providence.

The general court, about three years after, for the more May, effectual preservation and propagation of religion to pos-1680.

terity, recommended it to the ministry of this colony, upon Vfttechi~ ./'.< t. ... J . i sin

the Lord's day, to catechise all the youth in their respect- cot

ive congregations, under twenty years of age, in the as- ed. sembly of divines, or some other orthodox catechism. To continue and increase unity in religious sentiments among the people, and .that they might have the advantage of participating in the variety of ministerial gifts, it was also re- County commended to the ministers, to attend a weekly lecture in !ecturet each county, on Wednesday, in such manner as they should judge most subservient to these purposes.t

The religious state of the colony, at this time, is given

* Magnalia, B. HI. p. 51—57. He left a respectable t'.mnly, and hi? descendants have supported its dignity to the present time. Some of them >jave been in the ministiy, and others magistrates of this colony.

* Records of the colon v.

Book I. in an answer to the queries of the lords of trade and planv^-v->_> tations. It is to the following effect.

1676. " Our people, in this colony, are some of them strict conReligious gregational men, others more large congregational men, state of the antj somc moderate presbyterians. The congregational -°°ny- men, of both sorts, are the greatest part of the people in the colony. There are four or five seventh day men, and about so many more quakcrs."

" Great care is taken for the instruction of the people in the Christian religion, by ministers catechising of them, and preaching to them twice every sabhath day, and sometimes on lecture days; and by masters of families instructing and catechising their children and servants, which they are required to do by law. In our corporation are twenty-six towns, and twenty-one churches. There is in every town in the colony a settled minister, except in two towns newly begun." In some towns there were two ministers ; so that there were, on the whole, then about the same number of ministers as of towns. There was about one minister, upon an average, to every four hundred and sixty persons, or to about ninety families.

Attempts While settlements and churches were forming in various tochtis- parts of the colony, and the English inhabitants were protianizethe viding for their own instruction, some pains were taken to n ians. instruct and christianize the Connecticut Indians. A law was made, obliging those under the protection of the government to keep the Christian sabbath. The Rev. Mr. Fitch was particularly desired to teach Uncasand his family christianity. A large bible, printed in the Indian language, was provided and given to the Moheagan sachems, that they might read the scriptures. When the council of ministers met at Hartford, in 1657, the famous Mr. Elliot, hearing of the Podunk Indians, desired that the tribe might be assembled, that he might have an opportunity of offering Christ to them for their Saviour.

By the influence of some principal gentlemen, they were persuaded to come together, at Hartford, and-Mr. Elliot preached to them in their own language, and labored to instruct them concerning their Creator and Redeemer. When he had finished his sermon, and explained the matter to them, he desired an answer from them, whether they would accept of Jesus Christ for their Saviour, as he had. been offered to them ? But their chief men, with great scorn and resentment, utterly refused. They said the English had taken away their lands, and were attempting now to make them servants.

Mr. Stone and Mr. Newton, before this time, had both

been employed, at the desire of the colony, to teach the Book I. Indians in Hartford, Windsor, Farmington, and that vicini- v^-v-x-' ty; and one John Minor was employed as an interpreter, 1680. and was taken into Mr. Stone's family, that he might be further instructed and prepared for that service. Catechisms were prepared by Mr. Elliot and others, in the Indian language, and spread among the Indians. The Rev. Mr. Pierson, it seems, learned the Indian language and preached to the Connecticut Indians. A considerable sum was allowed him by the commissioners of the united colpnii's; and a sum was also granted by them, for the instruction of the Indians in the county of New-Haven.* The ministers of the several towns, where Indians lived, instructed them, as they had opportunity; but all attempts for christianizing the Indians, in Connecticut, were attended with little success. They were engaged, a great part of their time, in such implacable wars among themselves, were so totally ignorant of letters and the English language, and the English ministers, in general, were so entirely ignorant of their dialect, that it was extremely difficult to teach them. Not one Indian church was ever gathered, by the English ministers, in Connecticut. Several Indians, however, in one town and another, became Christians, and were baptized and admitted to full communion in the English churches. Sotae few were admitted into the church at Farmington,t and some into the church at Eterby. One of the sachems of the Indians at Naugatuck falls, was a member of the church at Derby, and it has been said that he was a sober well conducted man. Some few of the Moheagans have professed Christianity, and been, many years since, admitted tq full communion in the north church in New-London.

The gospel, however, hath had by far the most happy effect upon the Quinibaug, or Plainfield Indians, of any in Connecticut. They ever lived peaceably with the English, and about the year 1745, in the time of the great , awakening and reformation in New-England, they became greatly afiected with the truths of the gospel, professed Christianity, and gave the strongest evidence of a real conversion to God. They were filled with the knowledge of salvation, and expressed it to admiration. They were entirely reformed as to their manner of living. They became temperate, and abstained from drinking to excess, which it

* Records of the united colonies.

t There was an Indian school formerly kept in this town, at the expense of the society for propagating Christian knowledge among the Indians. The number of Indian scholars was sometimes fil'leeu or sixteen.

Book I. had before been found utterly impossible to effect by any \-^-v~^ / other means. They held religious meetings, and numbers 1£80. of them formed into church state and haa the sacraments administered to thrm.!

Upon the assembly's granting liberty to the minor party in -Windsor to call and sottle an orthodox minister, tlfey immediately called one Mr. Woodbridge to preach among them. Mr. Chauncey and Mr. Woodbridge continued to preach, one to one party, and the other to the other, from 1667 to 1680. Several councils had been called to advise and unite the parties, but it seems none had judged it expedient to ordain either of the gentlemen ; but after a separation of about ten years, a council advised, that both ministers should leave the town, and that the churches and parties should unite, and call and settle one minister over the whole. As the parties did not submit to this advice, it .seems, that another council was called three years afterwards, May, 1680, which gave the same advice, but the parties did not comply. The general assembly therefore interposed and passed the following act.

Act of as- " This court, having considered the petition of some of relative to Windsor people and the sorrowful condition of the good Windsor, peop'.2 there, and finding, that notwithstanding all means Oct. Hth, of healing afforded them, they do remain in a bleeding state I68°- and condition, do find it necessary for this court to exert their authority towards issuing or putting a stop to the present troubles there; and this court do hereby declare, that they find all the good people of Windsor obliged to stand to, and rest satisfied with the advice and issue of the council they chose to hear and issue their matters; which advice being given and now presented to the court, dated January, 1677, this court doth confirm the same, and order that there be a seasonable uniting of the second society in Windsor with the first, according to order of council, by an orderly preparation for their admission ; and if there be objection against the life or knowledge of any, then it be according to the council's advice haard and issued by Mr. Hooker and the other moderator's successor; and that both the former ministers be released : And that the committee appointed to seek out for a minister, with the advice of the church and town collectively, by their major vote, do vigorously pursue the procuring of an able, orthodox minister, qualified according to the advice of the governor and council, and ministers, May last; and all the good people of Windsor are hereby required to be aiding and assisting therein, and not in the least to oppose Book I. and hinder the same, as they will answer the contrary at v^v^s their peril."* 1682.

f Manuscripts from Plainfield. These Indians were numerous at the time when the town was settled, amounting to 4 or 500.

In consequence of this act, Mr. Samuel Mather was invited to preach to the people, and about two years after, was ordained to the pastoral office over the whole town. The two parties were generally united in him, and to complete the union of the town and churches, the assembly enacted, " That the people at Windsor should quietly settle Act of a*Mr. Mather and communicate to his support: That such as, sembly reon examination, should satisfy Mr. Mather of their experi- \vind£fr, mental knowledge, should upon proper testimony of their May,i682. good conversation, be admitted on their return from the second church."t

Both churches, and the whole town, were united under Mr. Mather, and their ecclesiastical affairs were, under his ministry, conducted with harmony and brotherly affection.

Notwithstanding the result of the synod, in 1662, and the various attempts which had been made to introduce the practice of what has been generally termed owning the covenant, it does not appear to have obtained in the churches of this colony until the year 1696. It appears first to have been introduced by Mr. Woodbridge, at Hartford. The covenant proposed, bearing date, February, 1696, is for substance as follows,

" We do solemnly, in the presence of God and this con- Covenant gregation, avouch God, in Jesus Christ, to be our God, one God in thre« persons, the Father, the Son, and the Holy Ghost; and that we are by nature children of wrath, and that our hope of mercy with God, is only through the righteousness of Jesus Christ, apprehended by faith ; and we do freely give up ourselves to the Lord, to walk in communion with him, in the ordinances appointed in his holy word, and to yield obedience to all his commandments, and submit to his government. And whereas, to the great dishonor of God, scandal of religion, and hazard of the damnation of many souls, drunkenness and uncleanness arc prevailing amongst us, we do solemnly engage before God, this day, through his grace, faithfully and conscientiously to strive against these evils and the temptations leading thereunto."

Sixty nine persons, male and frmale, subscribed this in February ; on the 8th of March, one fortnight after, eighty three more subscribed. In about a month, the number of subscribers amounted to one hundred and ninety twoj Book

* Records of the colony.

* Kecord* of the colony

1696.

I. which appears to have been nearly the whole body of ^ young people in that congregation.

The like practice was, about the same time, or not many years after, introduced into the other church, and the practice of owning the covenant by people, and offering their children to baptism, was gradually introduced into other churches.

The practice of the ministers and churches at Hartford, in some respects, was different from that in other churches. The ministers, Mr. Woodbridge and Mr. Buckingham, with their deacons, went round among the young people and warned them, once every year, to come and publicly subscribe, or own the covenant. When such persons as had owned or subscribed it came into family state, they presented their children to baptism, though they made no other profession of religion, and neglected the sacrament of the Lord's supper and other duties peculiar to members in full communion. In other churches, the covenant was owned by persons, sometimes before marriage, but more generally not until they became parents, and wished to have baptism administered to their children.

The practice of making a relation of Christian experiences, and of admitting none to full communion, but such as appeared to be christians indeed, yet prevailed ; and the number of church members, in full communion, was generally small. In those churches where the owning of the covenant was not practised, great numbers of children were unhaptized.

While the inhabitants and churches, in Connecticut, were constantly increasing, and the calls for a learned minConnecti- istry, to supply the churches, became more and more urcut, 1698. gent, a number of the ministers conceived the purpose of founding a college in Connecticut. By this means, they might educate young men, from among themselves, for the sacred ministry, and for various departments in civil life, and diffuse literature and piety more generally among the people. The clergy, and people in general, by long experience, found the great inconvenience of educating their sons at so great a distance as Cambridge, and in carrying so much money out of the colony, which otherwise might be a considerable emolument to this commonwealth. A well founded college might not only serve the interests of the churches in this government, but in the neighbouring colonies, where there were no colleges erected ; might not only prevent a large sum of money annually from being carried abroad, but bring something considerable into it, from the extensive country around them. Colleges had

been anciently considered as the schools of the church ; Book I. and not only the prophets had been encouragers and heads v^-v-v^ of them ; but the apostles and their immediate successors 1693. had taken great care to establish schools, wherever the gosgel had been preached, for the propagation of the truth, and to transmit the religion of the Redeemer to all succeeding ages. The ministers therefore conceived it to be entirely in character, and as happily corresponding with the great design of the first settlement of New-England and Connecticut, for them to be the planners and founders of a college.

The design was first concerted, in 1698, by the Rev. Messieurs Pierpont of New-Haven, Andrew of Milford, and Russell of Branford. These were the most forward and active, in carrying the affair into immediate execution. The design was mentioned to principal gentlemen and ministers in private conversation, at occasional meetings of the clergy, and in councils. In this way the affair was so far ripened, that ten of the principal ministers in the colony were nominated and agreed upon to stand as trustees, to found, erect, and govern a college. The gentlemen thus agreed upon were the Reverend Messieurs James Noyes of Ston- _ 1699ington, Israel Chauncey of Stratford, Thomas Bucking-^J^j ham of Saybrook, Abraham Pierson of Killingworth, Sam- fortruauel Mather of Windsor, Samuel Andrew of Milford, Timo-teesthy Woodbridge of Hartford, James Pierpont of New-Haven, Noadiah Russell of Middletowo, and Joseph Webb of Fairfield.

In 1700, these gentlemen convened at New-Haven, and College formed themselves into a body or society, to consist of founded, eleven ministers including a rector, and determined to1700. found a college in the colony of Connecticut. They had another meeting, the same year, at Branford, and then founded the university of Yale college. The transaction was in this manner. Each gentleman gave a number of books, and laying them upon a table, pronounced words to this effect, " I give these books for the founding of a college in this colony." About forty volumes in folio were thus given. The trustees took possession of them, and appointed Mr. Russell of Branford, to be keeper of their library.

Various other donations, both of books and money, were soon after made, by which a good foundation was laid for a public seminary. But doubts arising whether the trustees were vested with a legal capacity for the holding of lands, and whether private donations and contributions would be sufficient to effect the great design which they

Book I. had in view, it was, upon the best advice and mature dev^-v^«-/ liberation, determined to make application to the legisla1700. ture for a charter of incorporation. The draught wa.* made by the honorable judge Sewall and Mr. secretary Addington of Boston. This was presented to the general assembly with a petition signed by a large number of ministers and oiher principal characters in the colony praying for a charier. The petition represented, " That from a sincere regard to, and zeal for, upholding the Protestant religion, by a succession of learned and orthodox men, they had proposed that a collegiate school should be erected in this colony, wherein youth should be instructed in all parts of learning, to qualify them for public employments in church and civil state; and that they had nominated ten ministers to be trustees, partners or undertakers for the founding, endowing and ordering the said school." The gentlemen were particularly named, and it was desired that full liberty and privilege might be granted to them for that end.

To facilitate the design, the honorable James Fitch, Esq. of Norwich, one of the council, before the petition was heard, made a formal donation under his hand, predicated on " the great pains and charge the ministers had been at in setting up a collegiate school; and therefore to encourage a work so pleasing to God, and beneficial to posteri ty, he gave a tract of land, in Killingly, of about 600 acres ; and all the glass and nails which should be necessary to build a college house and hall."

The tbun- The general assembly, at their session in October, 1701. ccrtieein incor|iOratedtne trustees nominated, granting them a charcorpora- ter, and vesting them with all powers and privileges netedbyact cessary for the government of a college, the holding of bf^oT lan(k' ant^ ^e employment of all money and estates which 1701. might be given for the benefit of the college. The charter crdained that the corporation should consist of ministers only, and that none should be chosen trustees under 1 the age of forty years. Their number was not, at any time, to exceed eleven nor be less than seven. The assembly made them an annual grant of one hundred and twenty pounds, equal to about sixty pounds sterling. Nov. nth, The trustees, animated with their charter privileges and fng'o'nhe the countenance of the legislature, met the next November, corpora- at Saybrook, and chose the Rev. Abraham Pierson of tion. Killingworth, vector of the college, and the Rev. Samuel

Rector RuSSCH was chosen a trustee to complete the number of the thuscu. - ,,., , i .r ,.

corporation. Ihey also made rules for the general government and instruction of the collegiate school.

It was ordered, " That the rector take special care, as Book I. of the moral behaviour of the students at all times, so, with ^x-v-*~' industry, to instruct and ground them well in theoretical 1701. divinity ; and to that end, shall neither by himself, nor by Orders any other person whomsoever, allow them to be instructed ].etPectmS

. f . ' ?,..... , . the cot

ID any other system or synopsis 0I divimty, than such as the \tge.

trustees do order and appoint: But shall take effectual
care, that said students be weekly (at such seasons as he
shall see cause to appoint) caused memoriter to recite the <
assembly's catechism in Latin, and Dr. Ames's Theologi-
cal Theses, of which, as also Ames's Cases of Conscience,
he shall make, or cause to be made, from time to time,
such explanations as may, through the blessing of God, be
most conducive to their establishment in the principles of
the Christian Protestant religion."

" The rector shall also cause the scriptures daily, except on the sabbath, morning and evening, to be read by the students at the times of prayer in the school, according to the laudable order and usage of Harvard college, making expositions upon the same : And upon the sabbath, shall expound practical theology, or cause the non graduated .students to repeat sermons: And in all other ways, according to the best of his discretion, shall, at all times, studiously endeavour, in the education of the students, to promote the power and purity of religion, and the best edification of these New-England churches."

At this meeting^ it was debated where to fix the college. College Though the trustees were not fully satisfied or agreed on t^j^'at" the most convenient place, yet they fixed upon Saybrook, Sayhroek, until, upon further consideration, they should have suffi-butthe cient reason to alter their opinion. They desired the rec- TM°ttre-d°c1 tor to remove himself and family to Saybrook. Until that movc. could be effected, they ordered, that the scholars should be instructed, at or near the rector's house, in Killingworth. The corporation made various attempts to remove the rector to Saybrook, but his people were entirely opposed to it, and such other impediments were in the way that it was not effected, The students continued at Killingworth during his life. The library, for that reason, was removed from Branford, to the rector's house.

The ministers had been several years in effecting their plan, and a number of young men had been preparing for college, under the instructions of one and another of the trustees. As soon as the college became furnished with a rector and tutor, eight of them were admitted and put into different classes, according to the proficiency which they had respectively made. Some, in a year or two, became qualified for a degree.

Book I. The first commencement was at Saybrook, September \^v^/ 13th, 1702. The following gentlemen appear, at this 1702. time, to have received the degree of master of arts, StcFirstcom- phen Buckingham, Salmon Treat, Joseph Coit, Joseph iqence- Moss, Nathaniel Chauncey, and Joseph Morgan. Four CoM<£ti- of them had been previously graduated at Cambridge. cut. They all became ministers of the gospel, and three of them, Mr. Buckingham, Mr. Moss, and Mr. Chauncey, were afterwards fellows of the college.

To avoid charge and other inconveniences, for some years at first, the commencements were private. Mr. Nathaniel Lynde of Saybrook, was pleased generously to give a house and land for the use of the college, so long as it should be continued in that town. For the further encouragement and accommodation, in 1703, there was a general contribution through the colony, to build a college house at Saybrook, or any other place wherever it should finally be judged most convenient to fix the college.*

* This year, that venerable man, the Reverend James Fitch, pastor of the church in Norwich, finishc<l his course, at Lebunon, in the 80th year of his age. His history and character are given in the inscription upon hii monumental stone.

In hoc Sepulchre deposits sunt Reliquiae Viri vcre Rcvcrendi D. JacoBi Fitch ; natus fait apud Boking, in Comitatu Etscxix, in Anglia, Anno Domini I622, Decem. 24. Qui, postquam Linguis literatis optime instructus fuiiset, in Nov-Angliam venit, yEtate 16 ; et deinde Vitam degit, fiartfordiae, per Septennium, sub Instructjone Virorum celeberrimorum D. Hooker & D. Stone. Postea Munere pastoral! functus est apud SayBrook per Annos 14. Illinc cum Ecclesiae major! Parte Norvicum miirayit; et ibi caeteros Vitae Annos transegit in Opere Evangelico. In Senectutc, vcro, prae Corporis infirmitate necesaarie ceteabit ab Opere publico; tandemque recessit Liberis, apud Lebunon ; ubi Semianno fere exactoobdormivit in Jesu, Anno 1702, Novemhris 18, *tat. 80.

Vir him nii Acumine, Pondere Judicii, Prudentia, Chantate, sanctis Laboribus, et orani moda Vitas saoctitate, Peritia quoquv et Vi conciooandi nulli secundui.

In English to this cflect.

In this grave are deposited the remain<. of that truly reverend man, Mr. i Ames Fitch. He was born at Boking, in the county of Essex, in England, the 24th of December, in the year of our Lord, 1622. Who, after be had been most excellently taught the learned languages, came into New-England, at the age of sixteen; and then spent seven years under the instruction of those very famous men, Mr. Hooker and Mr. Stone. Afterwards, be discharged the pastoral office, fourteen years, at Saybrook. Thence he removed, with the major part of his church, to Norwich ; where he spent the other years of his life in the work of the gospel. In his old age, indeed, he was obliged to cease from his public labors, by reason of bodily indisposition ; and at length retired to his children, at Lebanon ; where, after spending nearly half a year, he slept in Jesus, in the year 1702, on the Ibth of November, in the 80th year of his age.

He was a man, as to the smartness of his genius, the solidity of bi> judgment, his charity, holy labors, and every kind of purity of life, and also a.* to his skill and tiuergy of preaching, io/erior to none.

During the term of about seventy years from the settle- Book I. tnent of Connecticut, the congregational had been the on-'-^-v~*s ly mode of worship in the colony. But the society for 1706. propagating the gospel in foreign parts, in 1704, fixed thelntroducRev. Mr. Muirson as a missionary at Rye. Some of the '',°n Ocfhthrf people at Stratford had been educated in the church of En- En!,|ana gland mode of worship and administering of the ordinan- into Conces, and others were not pleased with the rigid doctrines necticut. and discipline of the New-England churches, and they made an earnest application to Mr. Muirson to make a visit at Stratford, and preach and baptize among them. About the year .1706, upon their invitation, he came to Stratford, accompanied with colonel Heathcote, a gentleman zealously engaged in promoting the episcopal church. The ministers and people, in that and the adjacent towns, it seems, were alarmed at his coming, and took pains to prevent their neighbors and families from hearing him. However, the novelty of the affair, and other circumstances, brought together a considerable assembly; and Mr. Muirson baptized five and twenty persons, principally adults. This was the first step towards introducing the church worship into this colony. In April, 1707, he made another visit to Stratford. Colonel Heathcote was pleased to honor him with his company, as he had done before. He preached, at this time, at Fairfield as well as Stratford ; and in both towns baptized a number of children and adult persons. Both the magistrates and ministers opposed the introduction of episcopacy, and advised the people not to attend the preaching of the church missionaries ; but the opposition only increased the zeal of the church people. Mr. Muirson, after this, made several journies to Connecticut, and itinerated among the people. But there was no missionary, from the society, fixed in Connecticut, until the year 1722, when Mr. Pigot was ap- ' pointed missionary at Stratford. The churchmen at first, in that town, consisted of about fifteen families, among whom were a few husbandmen, but much the greatest number were tradesmen, who had been born in England, and came and settled there. Some of their neighbors joined them, so that Mr. Pigot had twenty communicants, and about a hundred and fifty hearers. In 1723, Christ Church in Stratford was founded, and the Rev. Mr. Johnson, afterwards Dr. Johnson, was appointed to succeed Mr. Pigot.*

The first plan of the college was very formal and mi- Original

h * plan of

* Manuscripts from Stratford, and Dr. Humphreys' History of the In- college eorporated Society's Missionaries.

Book 1. mite drawn in imitation of the ancient protestant colleges

v^-.s-*~, and universities in France. It was proposed, that it should 1706. be erected by a general synod of the consociated churches of Connecticut. It was designed, that it should be under the government of a president and ten trustees, seven ot" whom were to be a quorum : That the synod should have the nomination of the first president and trustees, and have a kind of general influence in all future elections, that the governors might be preserved in orthodox sentiments. It was designed also, that the synod should agree upon a confession of faith, to which the president, trustees, and tutors should, upon their appointment to office, be required to give their consent; and that the college should be called the school of the church. Indeed, it was proposed, that the churches should contribute to its support.

Though this plan was not formally pursued, yet at a meeting of the trustees, at Guilford, March 17th, 1703, tlicy wrote a circular letter to the ministers, proposing

1703. ' " to have a general synod of all the churches in the colony of Connecticut, to give their joint consent to the confession of faith, after the example of the synod in Boston, in 1630." As this proposal was universally acceptable, the churches and ministers of the several counties met in a consociated council, and gave their assent to the Westminster and Savoy confessions of faith. It seems, that they also drew up certain rules of ecclesiastical union in discipline, as preparatory to a general synod, which they had still in contemplation.

„ The Cambridge platform, which, for about sixty years,

Cn'tninary , , . s r ' . > J J

meetings of had been the general plan of discipline and church fellowship in New-England, made no provision for the general meeting of ministers, or for their union.in associations or in consociations, yet, at an early period, they had a general meeting, both in Connecticut and Massachusetts, and began to form into associations. Their annual meetings were at the times of the general election at Boston and Hartford. At this time, they had handsome entertainments made for them at the public expense.* In these general meetings, they went into consultations respecting the general welfare of the churches, the supplying them with ministers, providing for their stated enjoyment of divine ordinances, and the preservation of their peace and order. The general interests of literature were consulted, and advice given in cases in which it was requisite, -Sometimes

* The legislature have continued this generosity to the present time. A genteel entertainment is made not only for the clergy of Connecticut, but of uie neighboring colonies, who arc present on the eccation.

measures were adopted to assist the poor and nfflicted, in Book I. particular instances of distress. The affair of civilizing Vx-n/->^ and christianizing the Indians, came under their serious 1703. deliberations. Sometimes they consulted measures, and gave general directions respecting candidates for the ministry, and the orderly manner of introducing them into the churches.

The ministers of particular neighborhoods, in various parts of the country, held frequent meetings, for their mutual assistance, and to instruct and advise the churches and people, as circumstances required. This particularly was the practice in Connecticut.

The venerable Mr. Hooker was a great friend to the M,rmeeting and consociation of ministers and churches, as a j grand mean of promoting purity, union, and brotherly af- opinion, lection, among the ministers and churches. During his life, the ministers in the vicinity,of Hartford, had frequent meetings at his house. About a week before his death, he observed, with great earnestness, " We must agree upon constant meetings of ministers, and settle the consociation of churches, or else we are undone.." Soon after his decease, ministers in various parts of New-England, and especially in Connecticut, began to establish constant meetings, or associations, in particular vicinities, and agreed on the business to be done, and the manner in which they would proceed.

They did not, however, all adopt the same mode. Some of the meetings, or associations, fasted and prayed, and discussed questions of importance for mutual instruction and edification. A moderator was chosen to conduct the business of the meetings with order and decency, to receive all communications which might be made from the churches, or other similar meetings, and to call the as«sociated brethren together on particular emergencies. These meetings were always opened and concluded with prayer.

Some of the associations were very formal and particular in covenanting togetherrand in fixing the business which should be transacted by them. They covenanted to submit to the counsels, reproofs, and censures of the associated brotherhood ; and that they would not forsake the association, nor neglect the appointed meetings, without sufficient reasons. They engaged, that in the meetings they would debate questions immediately respecting themselves and their conduct: That they would hear and consider all cases proposed to them from neighboring churches or individuals : answer letters directed to them from particular Book I. churches or persons ; and discuss any question, which had \^^r*^s been proposed at a preceding meeting. In some of these 1703. associations, it was agreed to meet statedly once in six weeks or two months.* "As the design was for their own mutual improvement and the advancement of christianity in general, the associations attended a lecture in the parishes in which they convened for the instruction and edification of the people. In Connecticut, after the resolution of the assembly, in 1680, the ministers had county meetings every week.

But these associations and meetings were merely voluntary, countenanced by no ecclesiastical constitution, attended only by such ministers, in one place and another, as were willing to associate, and could bind none but themselves. The churches might advise with them if they chose it, or neglect it at pleasure. There was no regular way of introducing candidates to the improvement of the churches, by the general consent either of themselves or the elders. When they had finished their collegiate studies, if they imagined themselves qualified, and could find some friendly gentleman in the ministry to introduce them, they began to preach, without an examination or recomt mendation from any body of ministers or churches. Ifthey studied a time with any particular minister or ministers, after they had received the honors of college, that minister, or those ministers introduced them into the pulpit at pleasure, without the general consent and approbation of their brethren. Many judged this to be too loose a practice, in a matter of such immense importance to the divine honor, the reputation of the ministry, and the peace and edification of the churches. Degrees at college were esteemed no sufficient evidence of men's piety, knowledge of theology, or ministerial gifts and qualifications.

Besides, it was generally conceded, that the state of the churches was lamentable, with respect to their general order, government, and discipline. That for the want of a more general and energetic government, many churches ran into confusion; that councils were not sufficient to relieve the aggrieved and restore peace. As there was no general rule for the calling of councils, council was called against council, and opposite results were given upon the same cases, to the reproach of councils and the wounding of religion. Aggrieved churches and brethren were discouraged, as in this way their case seemed to be without remedy. There was no such thing, in this way, as bringing their difficulties to a final issue.t

* Magnalia, B. V. p. 58.

t Wise's vindication, p. 165, Boston edition, 1TJ2.

For the relieving of these inconveniences, there were Book I. many, in the New-England churches, not only among the .^-v-**' clergy, but other gentlemen of principal character, who 1708. earnestly wished for a nearer union among the churches. A great majority of the legislature and clergy in Connecticut, were for the association of ministers, and the consoci- « ation of churches. The synod, in 1662, had given their opinion fully in favor of the consociation of churches. The heads of agreement drawn up and assented to, by the united ministers, in England, called presbyterian and congregational, in 1692, had made their appearance on this side of the Atlantic; and, in general, were highly approved. The VII. article of agreement, under the head of the ministry, makes express provision for Ihe regular introduction of candidates for the ministry. The united brethren say, "It is expedient, that they who enter on the work of preaching the gospel, be not only qualified for the communion of saints ; but also, that, except in cases extraordinary, they give proof of their gifts and fitness for the said work, unto the pastors of the churches of known abilities, to discern and judge of their qualifications; that they may be sent forth with solemn approbation and prayer; which we judge needful, that no doubt may remain concerning their being called unto the work; and for preventing, as much as in us lieth, ignorant and rash intruders." In these articles, it is also agreed, " that in so great and weighty a matter, as the calling and choosing a pastor, we judge it ordinarily requisite, that every such church consult and advise with the pastors of the neighboring congregations."

In this state of the churches, the legislature passed an act, at their session in May, 1708, requiring the ministers and churches to meet and form an ecclesiastical constitution. The apprehensions and wishes of the assembly will, in the best manner, be discovered by their own act, which is in the words following:

" This assembly, from their own observation, and the Act apcomplaint of many others, being made sensible of the de- J"°^"^ a fects of the discipline of the churches of this government, May I3fb, arising from the want of a more explicit asserting of the 1708. rules given for that end in the holy scriptures ; from which would arise a permanent establishment among 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 ordain and require, and it is by the authority of the same ordained and required, that the ministers of the several counties in this government shall meet together, at their respective county towns, with such

Lo
.'

Book I. messengers, as the churches to which they belong shall

^*~*s^u see cause to send with them, on the last Monday in June

1708. 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, xvhich, by two

or more persons delegated by them, shall be offered to this

court, at their session at New-Haven, in October next, to

be considered of and confirmed by them: And the expense

of the above mentioned meetings shall be defrayed out of

the public treasury of this colony."

" A true copy of the record.

"Test. ELEAZER K1MBERLY, Secretary."

According to the act of the assembly, the ministers and churches of the several counties convened, at the time appointed, and made their respective drafts for discipline, and chose their delegates for the general meeting at SaybrooJi. in September.

The ministers and messengers chosen for this council, and its result, will appear from their minutes.

" At a meeting of delegates from the councils of the several counties of Connecticut colony, in New-England, in America, at Saybrook, Sept. 9th, 1708,

PRESENT,

Panics of From the council of Hartford county :—The Rev. Timothesynod, thy Woodbfidge, Noadiah Russell, and Stephen Mix. MesKept. 9ili, senger. John Haynes, Esq.

From the council in Fairfield county:—The Rev. Charles Chauncey and John Davenport. Messenger, deacon Samuel Hoyl.

From the council in New-London county:—The Rev. James Noyes, Thomas Buckingham, Moses Noyes, and John Woodward. Messengers, Robert Chapman, deacon. William Parker.

From the council of New-Haven county:—The Rer. Samur I Andrew, James Picrpont, and Samuel Russell.

" The Rev. James Noyes and Thomas Buckingham being chosen moderators. The Rev. Stephen Mix and John Woodward being chosen scribes.

" In compliance with an order of the general assembly. May 13th, 1703, after humble addresses to the throne of grace for the divine presence, assistance, and blessing upon us, having our eyes upon the word of God and the con- Book. I. stitution of our churches, We agree that the confession of v^-v-s-' faith owned and assented unto by the elders and messen- 1 708, gers assembled at Boston, in New-England, May 12th, 1&80, being the second session of that synod, be recommended to the honourable general assembly of this colooy, at the next session, for their public testimony thereunto, as the Faith of the churches of this colony."*

" We agree also, that the heads of agreement assentccl to by the united ministers, formerly called presbyterian and congregational, be observed by the churches throughout this colony."

"And for the better regulation of the administration of church discipline, in relation to all cases ecclesiastical, both in particular churches and councils, to the full determining and executing the rules in all such cases, it is agreed."

" I. That the elder, or elders of a particular church, with the consent of the brethren of the same, have power, and ought to exercise church discipline, according to the rule of God's word, in relation to all scandals that fall out within the same. And it may be meet, in all case's of difficulty, for the respective pastors of particular churches, to take advice of the elders of the churches in the neighbourhood, before they proceed to censure in such cases."

" II. That the churches which are neighbouring to each other, shall consociate, for mutual affording to each other such assistance as may be requisite, upon all occasions ecclesiastical. And that the particular pastors and churches, within the respective counties in this government, shall be one consociation, (or more, if they shall judge meet.) foi the end aforesaid."

" III. That all cases of scandal, that fall out within the circuit of any of the aforesaid consociations, shall be brought to a council of the elders, and also messengers of the churches within the said circuit, i. e. the churches of one consociation, if they see cause to send messengers, when there shall be need of a council for the determination of them."

" IV. That, according to the common practice of our churches, nothing shall be deemed an act or judgment of any council, which hath not the act of the major part of the elders present concurring, and such a number of the messengers present, as makes the majority of the council: provided that if any such church shall not see cause to send messengers to the council, or the persons chosen by * Tbis was the Savoy confei-ion, with some smau alterations.

Book I. them shall not attend, neither of these shall be any obstruc«vx-v""^/ tion to the proceedings of the council, or invalidate any of 1708, their acts."

" V. That when any case is orderly brought before any council of the churches, it shall there be heard and determined, which, (unless orderly removed from thence,) shall be a final issue; and all parties therein concerned shall sit down and be determined thereby. And the council so hearing, and giving the result or final issue, in the said case, as aforesaid, shall see their determination, or judgment, duly executed and attended, in such way or manner, as shall, in their judgment, be most suitable and agreeable to the word of God."

" VI. That if any pastor and church doth obstinately refuse a due attendance and conformity to the determination of the council, that hath the cognizance of the case,-and determineth it as above, after due patience used, they shall be reputed guilty of scandalous contempt, and dealt with as the rule of God's word in such case doth provide, and the sentence of non-communion shall be declared against such pastor and church. And the churches are to approve pf the said sentence, by withdrawing from the communion of the pastor and church, which so refused to be healed."

" VII. That, in case any difficulties shall arise in any of the churches in this colony, which cannot be issued withr out considerable disquiet, that church, in which they arise, (or that minister or member aggrieved with them,) shall apply themselves to the councilof the consociated churches of the circuit, to which the said church belongs; who, if they see cause, shall thereupon convene, hear, and determine such cases of difficulty, unless the matter brought before them, shall be judged so great in the nature of it, or so doubtful in the issue, or of such general concern, that the sajd council shall judge best that it be referred to a fuller council, consisting of the churches of the other consociation within the samp county, (or of the next adjoining consociation of another couqty, if there be not two consociations in the county where the difficulty ariseth,) who, together with themselves, shall hear, judge, determine, and finally issue such case, according to the word of God."

" VIII. That a particular church, in which any difficulty doth arise, may, if they see cause, call a council of the consociated churches of the circuit to which the church belongs, before they proceed to sentence therein; but there js not the same liberty to an offending brother, to call the. ppuncil, before the church to which he belongs proceed to excommunication in the said case, unless with the consent Book I. of the church." v-x-v-xy

"IX. That all the churches of the respective consocia- 1708. tions shall choose, if they see cause, one or two members of each church, to represent them in the councils of the said churches, as occasion may call for them, who shall stand in that capacity till new be chosen for the same ser.vice, unless any church shall incline to choose their messengers anew, upon the convening of such councils."

" X. That the minister or ministers of the county towns, or where there are no ministers in such towns, the two next ministers to the said town, shall, as soon as conveniently may be, appoint time and place for the meeting of the elders and messengers of the churches in said county, in order to their forming themselves into one or more consociations, and notify the time and place to the elders and churches of that county who shall attend at the same, the elders in their persons, and the churches by their messengers, if they see cause to send them. Which ciders and messengers, so assembled in council, as also any other council hereby allowed of, shall have power to adjourn themselves, as need shall be, for the space of one year, after the beginning or first session of the said council, and no longer. And that minister who was chosen at the last session of any council, to be moderator, shall, with the advice and consent of two more elders, (or, in case of the moderator's death, any two elders of the same consociation,) call another council within the circuit, when they shall" judge there is need thereof. And all councils may prescribe rules, as occasion may require, and whatever they judge needful within their circuit, for the well performing and orderly managing the several acts, to be attended by them, or matters that come under their cognizance."

'*XI. That if any person or persons, orderly complained of to a council, or that are witnesses to such complaints, (having regular notification to appear,) shall refuse, or neglect so to do, in the place, and at the time specified in the warning given, except they or he give some satisfying reason thereof to-the said council, they shall be judged guilty of scandalous contempt."

"XII. That the teaching elders of each county shall be one association, (or more, if they see cause,) which association, or associations, shall assemble twice a year, at least, at such time and place as they shall appoint, to consult the duties of their office, and the common interest of the churches, who shall consider and resolve questions and cases of importance which shall be offered by any amonj themselves or others ; who also shall have power of examining and recommending the candidates of the ministry to the work thereof.

" XIII. That the said associated pastors shall take notice of any among themselves, that may be accused of scandal or heresy, unto or cognizable by them, examine the matter carefully, and if they find just occasion shall direct to the calling of the council, where such offenders shall be duly proceeded against."

" XIV. That the associated pastors shall also be consulted by bereaved churches, belonging to their association, and recommend to such churches such persons, as may befit to_be called and settled in the work of the gospel ministry among them. And if such bereaved churches shall not seasonably call and settle a minister among them, the said associated pastors shall lay the state of such bereaved church before the general assembly of this colony, that they may take order concerning them, as shall be found necessary for their peace and edification."

" XV. That it be recommended as expedient, that all the associations in this colony do meet in a general association, by their respective delegates, one or more out of each association, once a year, the first meeting to beat Hartford, at the general election next ensuing the date hereof, and so annually in all the counties successively, at such time and place, as they the said delegates shall in their annual meetings appoint."

The confession of faith, heads of agreement, and these articles of discipline having unanimously passed, and been signed by the scribes, were presented to the legislature the Succeeding October, for their approbation and establishment. Upon which they passed the following adopting act.

At a general court holden at New-Haven, October 1708.

" The reverend ministers, delegates from the elders and messengers of this government, met at Saybrook, September 9th, 1708, having presented to this assembly a Confession of Faith, and Heads of Agreement, and regulations in the administration of church discipline, as unanimously agreed and consented to by the elders and churches in this government; this assembly doth declare their great approbation of such an happy agreement, and do ordain, that all the churches within this government, that are, or shall be, thus united in doctrine, worship, and discipline, be, and for the future shall be owned and acknowledged established by law; provided always, that nothing herein shall be intended or construed to hinder or prevent any so- Book I. dety or church, that is or shall he allowed by the laws of v-x-v-^/ this government, who soberly differ or dissent from the u- 1708. nited churches hereby established, from exercising worship and discipline, in their own way, according to their consciences.

" A true copy, Test,

" Eleazer Kimberly, Secretary."

Though the council were unanimous in passing the platform of discipline, yet they were not all of one opinion. Some were for high consociational government, and in their sentiments nearly presbyterians ; others were much more moderate and rather verging on independency ; but exceedingly desirous of keeping the unity <bf the spirit in the bond of peace, they exercised great christian condescension and amicableness towards each other.

As it was stipulated, that the heads of agreement should be observed through the colony this was an important mean of reconciling numbers to the constitution, as these tlid not carry points so far as the articles of discipline. These did not make the judgments of councils decisive, in all cases, but only maintained, that particular churches ought to have a reverential regard to their judgment, and not to dissent from it without apparent grounds from the word of God. Neither did these give the elders a negative in councils over the churches ; and in some other instances they gave more latitude than the articles of discipline. These therefore served to reconcile such elders and churches, as were not for a rigid consociational government, and to gain their consent. Somewhat different constructions were put upon the constitution. Those who . were for a high consociational government, construed it , rigidly according to the articles of discipline, and others by the heads of agreement ; or, at least, they were for softening down the-more rigid articles, by construing them agreeably to those heads of union.

Notwithstanding the Savoy confession was adopted, as the faith of the Connecticut churches, yet, by adopting the heads of agreement, it was agreed, that with respect to soundness of judgment in matters of faith, it was sufficient, " That a church acknowledge the scriptures to be the word of God, the perfect and only rule of faith and practice, and own either the doctrinal part of those commonly called the articles of the church of England, or the confession or catechisms, shorter or longer, compiled by the assembly at Westminster, or the confession agreed on at the Savoy, to bo agreeable to the snkl rule."

TheSaybrook platform, thus unanimously recommended by the elders and messengers of the churches, and adopted by the legislature, as the religious constitution of the colony, met with a general reception, though some of the churches were extremely opposed to it.*

The elders and messengers of the county of Hartford met in council, at Hartford, the next February, and formed into two distinct consociations and associations for the purposes expressed in the constitution. The ministers and churches of the other three counties afterwards formed themselves into consociations and associations. There were therefore, soon after, five consociations and the same number of associations in the colony. The associations met annually, by a delegation of two elders from each association, in a general association. This has a general advisory superintendency over all the ministers and churches in the colony. Its advice has generally been acceptable to the ministers and churches, and cheerfully carried into execution. The meeting of the general association was anciently in September; but the time of meeting, after some years, was altered, and for more than sixty years has been on the third Tuesday in June.

The corporation of college having now obtained a confession of faith, adopted by the churches and legislature of the colony, adopted it for college, and the trustees and officers of the college, upon their introduction to office, were required to give their assent to it, and to the Westminster confession and catechisms.

But before this could be effected, Mr. Pierson, the president, was no more. He died on the 5th of March, 1707, to the unspeakable loss and affliction both of the college and the people of his charge. He had his education at Harvard college, where he was graduated, 1668. He appears first to have settled in the tn in is try at Newark in NewJersey. Thence he came to Killingworth, and was installed in 1694. He had the character of a hard student, good scholar, and great divine. In his whole conduct, he was wise, steady, and amiable. He was greatly respected as a pastor, and he instructed and governed the college with general approbation.

Upon the death of rector Pierson, the Rev. Mr. Andrew

" Though Met-rs. Andrew, Pierpont, and Ruscell, were influential characters, vet it is observable, that the churches, in that county, sent no messengers to the synod; and the tradition is that the church and people of Norwich were so offended with their minister, Mr. John Woodward, for consenting to it, that they never would forgive him and be reconciled ; but made such opposition to his ministry, that, by the advice of council, i,f rc-iyncd it and left the town.

was chosen rector pro tempore. The senior class were Book I.
removed to Milford, to be under his immediate instruction, v^r-v-^
until the commencement. The other students were re- 1709.
jnoved to Saybrook, and put under the care and instruc- Students
tions of two tutors. Mr. Andrew moderated at the com-JeTMoved
mencements and gave general directions to the tutors. Mr. brook.
Buckingham also, who was one of the trustees, and resided
at Saybrook, during his life, had a kind of direction and in- *

spection over the college. In this state it continued,
without any material alteration, until about the year 1715.

The ministers of Connecticut were exceedingly attentive to the morals and qualifications of those, whom they recommended to the improvement of the churches, or ordained to the pastoral office. The general association, in Sept. 12, 1712, ata meeting of theirs, at Fairfield, agreed -upon the 1712following rules, and recommended them to the considera- , tion of the several associations for their approbation and concurrence.

" Rules agreed upon for the examination of candidates for the ministry.

" Agreed upon, that the person to be examined concern- Directions ing his qualifications for the evangelical ministry, shall be'e*P*ctinS dealt with, in his examinations, with all candor and gentle- ^et~for

IieSS. the minis

" 1. That he be able to give satisfaction, to the associ- try. otion examining him, of his skill in the Hebrew, Greek, and Latin tongues.

" 2. That he be able to give satisfaction, to the association examining him, of his skill in Logic and Philosophy.

" 3. He shall be examined what authors, in divinity, he hath read; and also concerning the main grounds or principles of the christian religion ; and shall therein offer just matter of satisfaction to the association examining him ; and shall give his assent to the confession of faith publicly owned ana declared to be the confession of the faith of the united churches of this colony. .

" 4. That if the life and conversation of the person to be examined be not well known to the association examining him, then said person shall offer sufficient evidence to said association of his sober and religious conversation.

" 5. That the person to be examined shall publicly pray, and also preach, in the presence of the association examining him, from some text of scripture which shall be given him by said association, and at such time and place as they shall appoint, in order to prove his gifts for the ministerial work.

Book I.

1712. Respecting ministers to be ordained.

Donations made to the college.

" Rules relating to the ordination of a person to the work of the ministry.

"Agreed, 1. In case of ordination, those who are to ordain ought to be satisfied, that the person to be ordained u apt to teach, and of his inclination to the work of the ministry.

" 2. That they shall be satisfied with his prudence and fitness for the management of so great a trust, as that of tht. work of the ministry.

"3. The persons to ordain shall be satisfied, that hi? preaching and conversation be acceptable to the people over whom he is to be ordained.

" 4. That he shall be able to explain such texts of scripture as shall be proposed to him.

" 5. That he shall be able to resolve such practical cases of conscience as shall be proposed to him.

"6. That he shall shew, to the .satisfaction of the pastors to ordain him, his competent ability to refute dangerous errors, and defend the truth against gainsayers.

" 7. That he shall give his consent to the church discipline of this colony as established by law ; yet the pastors to ordain are not to be too severe and strict with him to be ordained, upon his sober dissent from some particulars in said discipline."

Such has been the pious caiv of the venerable father? of the churches in Connecticut, to preserve in them a learned, orthodox, experimental ministry. The associations have examined all candidates for the ministry and recommended them to the churches previously to their preaching in them. In their examinations, they have carefully enquired into their knowledge in divinity, their experimental acquaintance with religion, their ministerial gifts and qualifications, and have paid a special attention to their morals, and good character. Hence these churches have been distinguished and singularly happy in a learned, pious, laborious, and prudent ministry.

About this time a very valuable addition of books was made to the college library, at Saybrook. In 1713, Sir John Davie, ofGroton, who bad an estate descended to him in England, with the title of baronet, gave a good collection. The next year a much greater donation was made by the generosity and procurement of Jeremiah Dummer, Esq. of Boston. He was then in London, in the capacity of an agent for several of the New-England colonies. He sent over above 800 volumes. About 120 of them were procured at his own charge. The rest weir from principal gentlemen in England, throu^. his solicits

tion and influence. Particularly from Sir Isaac Newton, Book I. Sir Richard Blackmoir, Sir Richard Steele, Doctors Bur- v^~^>«^ net, Halley, Bentley, Kennet, Cnlamy,and Edwards ; and J713. from the Rev. Mr. Henry and Mr. Winston. These severally gave a collection of their own works, and governor Yale put in about 40 volumes. The library now consisted . of about nine hundred volumes.

From 1702 to 1713 inclusively, forty six young gentle-Number men were graduated, at Say brook. Of these, thirty became ministers of the gospel, and two were elected ma- j gistrates. Notwithstanding the infant state of the college, numbers of them, through their native strength of genius ni4. and the instructions of those excellent tutors, Mr. John Hart and Mr, Phineas Fisk, became excellent scholars, and shone not only as distinguished lights in the churches, but made a figure in the republic of letters. Seven of them afterwards were fellows of the college, at New-Haven ; and another of them was that excellent man, the Reverend Jonathan Dickinson, president of the college in NewJersey.

The number of ordained ministers in the colony, this Number of year, exclusive of those in the towns under the govern-orJi"not' ment of Massachusetts,. was forty three. Upon the low- j est computation there was as much as one ordained minister to every four hundred persons, or to every eighty famiIies. It does not appear, that there was one bereaved church in the colony. Besides, there were a considerable number of candidates preaching in the new towns and parishes, in which churches were not yet formed. At or about this time, Mr. Thomas Towsey began to preach at Newtown, Mr. Joseph Meacham at Coventry, Mr. John. Bliss at Hebron, and Mr. John Fisk at Killingly, at which places churches were soon after gathered and those gentlemen ordained. Several other candidates were preaching in other places.

A Catalogue of the ministers of Connecticut, from 1630, to 1713.

inclusively.

COUNTY OF HARTFORD.

As the gathering, or forming of the churches, as far as can be fo.uml, was universally on the day of ordination, no column is made to certify the time of Ihrir formation ; bat wherever this mark t is set after the figures expressing the time of ordination, it gives notice that the church was formed at the same time.

* Mr. Edwards was nearly sixty-four years in the ministry, and able to preach nntil he was about 84 years of ;;<-.

t Mr. Bulkley was son of the Rev. Peter Bulkley, of Concord, in Massachusetts, and a gentleman of a very eminent character. It is thus given upon his monument: " Who was of rare abilities, extraordinary industry, excellent in leamiinr, master of many languages, exquisite in his skill in divinity, physic and law, and of a most exemplary and christian life." By reason of infirmity he resigned the ministry many yean before his death.

^ Mr. Rowlandson, the fourth minister of Weatherrfield, removed from Lancaster, in Massachusetts, after that town was burnt by the Indians, in 1676.

*tMr. Samuel Stow preached some years at Middletown, but as he was dismissed before the church was gathered, he is not reckoned in the list of its ministers.

{ The Rev. Mr. Hobart was first ordained at Topsfield, in Massachusetts. Thence he removed to Long-Island, and afterwards to Haddam, wliere he died in the mioUtry, at a very advanced age. Before him, Mr. Nicholas Noye- preached thirteen

Removed, 1666

New-London Oct. 5, 1670 Died, 1683

Nov. 25, 1691 Rem. Jan. 1707 Feb. 1709 Died, April, 1753 years in the town; but during this time no church was forinpcj; and he left the town, and was afterwards ordained to the pastoral office in a church *t Salem, in Massachusetts.

* After the removal of Mr. Davenport, Mr. Street continued the only instructor of the church until his death; and after his decease the ehurch and people were eleven, years without a pastor. A great variety of preachers were invited into the town, but none could unite them until Mr. Pierpoat was called. Under his ministry they enjoyxl great peace, abd were edified.

:f The committee of New-Haven for settling the town of Wallingford, for the safety of the church, obliged the undertakers, and all the successive planters, to subscribe the following engagement, viz. " He or they shall not by any means disturb the church, when settled there, in their choice of minister or ministers, or other church officers; or in any of their other church rights, liberties or administrations ; nor shall withdraw due maintenance from such ministry." This shows how strongly the churches in thix part of the. colony were, at that time, opposed to towns and parishes having any thinp to do in the choice of a minister, or in any church affairs.

t There seems to have been no church formed in New-London unti) the '.<rsVif'..l'"." of Mr. Bradstreet, and it is probable that neither Mr. Blynman nor Mr. Bul v»t«installed or ordained in the town.

Jtiiniitcrt tcithin the boundaries of Conntetieut, but under thejuritiiction of Massatim

Nathaniel Collins**
Benjamin Ruggles
Josi;.h Dwight

Enfield | 1697f LRes. died, 17i7

Suffield May, 1698f Sept. 5, . 1703

Woodstock ; " j

Within the boundaries of the colony, including those under the jurisdiction of Massachusetts, there were forty-six churches, which had been illuminated with about ninety ministers. The churches enjoyed peace, and increased in ouinben, knowledge and beauty.

t The Rev. Mr. Noyes prcaohed at Stonington more than ten ycari before his ordination. It appears by the cbuivh records, that he preached in the town 55 yean aod 6 months.

{ Mr. !.irrpont, returning from a visit which he had made his friends, at New-Haven, waa drowned in Connecticut river, March, 1725. He attempted to crou the river in a Canoe, but an unexpected gust of wind arose, by which it waa overset. Ha body wafted to TisherV Island, where it was taken up and buried.

tMr. .Iones was cpiscopally ordained in England, und came into this country at an early period, but as the first records of Fairfield were burnt, no particular account can be^ivenofhis installation, or the time of his death. .

|| Mr. Denton died at Hampstead, upon Long-Island, about the year 1663, where he left posterity.

II Mr. Bowers removed from Derby, and settled at Rye, about the year 1688. Mr. Webb then preached at Derby about twelve years, but was not ordained.

**Mr. Collint, after laboring more than twenty years at Enfield, resigned his ministry in that place, but preached to other congregation;, and continued in it until his death.

APPENDIX

ORIGINAL PAPERS

ILLUSTRATIKG THE PRECEDING HISTORY.

NUMBER I.

The old patent of Connecticut, 1631.

To all people, unto whom this present writing shall come, Robert, Earl of Warwick, sendeth greeting, in our Lord God everlasting.

KNOW ye, that the said Robert, Earl of Warwick, for divers good causes and considerations him thereunto moving, hath given, granted, bargained, sold, enfeoffed, aliened, and confirmed, and by these presents doth give, grant, bargain, sell, enfeoff, aliene, and confirm, unto the right honorable William, Viscount Say and Seal, the right honorable Robert, Lord Brook, the right honorable Lord Rich, and the honorable Charles Fiennes, Esq. Sir Nathaniel Rich, Knt. Sir Richard Saltonstall, Knt. Richard Knightly, Esq. John Pym, Esq. .lohn Ilampden, John Humphrey, Esq. and Herbert Pelham, Esq. their heirs and assigns, and their associates forever, all that part of New-England, in America, which lies and extends itself from a river there called Narraganset river, the space of forty leagues upon a straight line near the sea shore towards the southwest, west and by south, or west, as the coast lieth towards Virginia, accounting three English miles to the league; and also all and singular the lands and hereditaments whatsoever, lying and being within the lands aforesaid, north and south in latitude and breadth, and in length and longitude of and within, all the breadth aforesaid, throughout the main lands there, from the western ocean to the south sea, and all lands and grounds, place and places, soil, wood, and woods, grounds, havens, ports, creeks and rivers, waters, fishings, and hereditaments whatsoever. Iving within the said space,

every part and parcel thereof. And also all islands lying in America aforesaid, in the said seas, or either of them, on the western or eastern coasts, or parts of the said tracts of lands, by these presents mentioned to be given, granted, bargained, sold, enfeoffed, aliened, and confirmed, and also all mines and .minerals, as well, royal mines of gold and silver, as other mines and minerals whatsoever, in the said land and premises, or any part thereof, and also the several rivers within the said limits, by what name or names soever called or known, and all jurisdictions, rights, and royalties, liberties, freedoms, immunities, powers, privileges, franchises, preeminences, and commodities whatsoever, which the said Robert, Earl of Warwick, now bath or had, or might use, exercise, or enjoy, in or within any part or parcel thereof, excepting and reserving to his majesty, his heirs, and successors the fifth part of all gold, and silver ore, that shall be found within the said premises, or anv part or parcel thereof: To Have and to Hold the said part of New-England in America, which lies and extends and is abutted as aforesaid. And the said several rivers and every part and parcel thereof, and all the said islands, rivers, ports, havens, waters, fishings, mines, minerals, jurisdictions, powers, franchises, royalties, liberties, privileges, commodities, hereditaments and premises, whatsoever with the appurtenances, unto the said William, Viscount Say and Seal, Robert, Lord Brook, Robert, Lord Rich, Charles Fiennes, Sir Nathaniel Rich, Sir Richard Saltonstall, Richard Knightly, John Pym, John Hampden, John Humphrey and Herbert Pelham, their heirs and assigns and their associates, to the only proper and absolute use and behoof of them the said William, Viscount Say and Seal, Robert, Lord Brook, Robert, Lord Rich, Charles Fiennes, Sir Nathaniel Rich, Sir Richard Saltonstall, Richard Knightly, John Pym, John Hampden, John Humphrey, and Herbert Pelham, their heirs ana assigns, and their associates for ever more. In witness whereof the said Robert, Earl of Warwick, hath hereunto set his hand and seal, the nineteenth day of March, in the seventh year of the reign of our sovereign Lord Charles, by the Grace of God, King of England, Scotland, France and Ireland, defender of the faith, &c. Annoq. Domini, 1631.

Signed, sealed, and delivered, in the presence of

Walter Williams.

Thomas Howson.

Robert Warwick. A Seal.

NUMBER II.

Mr. Winthrop1 s commission to erect a fort at the mouth of Connecticut river, with articles of agreement between him and their lordships Say and Seal, Brook, fyc. 1635.

KNOW all men, by these presents, that we, Arthur Hasselring, Baronet, Sir Richard Saltonstall, Knt. Henry Lawrence, Henry Darley, and George Fenwick, Esquires, in our own names, and in the name of the right honorable Viscount Say and Seal, Robert, Lord Brook, and the rest of our company, do ordain and constitute John Winthrop, Esq. the younger, governor of the river Connecticut, with the places adjoining thereunto, for, and during the space of one whole year,'after his arrival there, giving him, from and under us, full power and authority, to do and execute any such lawful act and thing, both in respect of the place and people, as also of the affairs we have, or shall have there, as to the dignity or office of a governor doth, or may appertain. In witness whereof we have hereunto put our hands and seals, this 18th day of July, 1635.

Richard Saltonstall, Arthur Hasselrino,

Henry Lawrence, George Fenwick,

Henry Darley. Five seal^.appendant, imprcssad in one large piece.of wax.

Articles made betmten the right honorable the lord Viscount Say and Seal, Sir Arthur Hasselring, Baronet, Sir Richard Saltonstall, Knight, Henry Lawrence, Henry. Darley, and George Fenwick, Esquires, on the one part, and John Winthrop, Esq. the younger, of the other, the 1th July, 1635. First, That we, in our names, and the rest of the company, do by these presents appoint John Winthrop, the younger, governor of the river Connecticut, in New-England, and of the harbour and places adjoining, for the space of one year, from his arrival there. And the said John Winthrop doth undertake and covenant for his part, that he will, with all convenient speed, repair to those places, and there abide as aforesaid for the best advancement of the company's service.

Secondly, That so soon as he comes to the bay, he shall endeavour to provide able men to the number of fifty, at the least, for making of fortifications, and building of houses at the river Connecticut, and the harbour adjoining, first for their owa present accommodations, and then such houses as may receive men of quality, which latter houses we would have to be builded within the fort.

Thirdly, That he shall employ those men. according to hi* best ability, for the advancement of the company's service, especially in the particulars abovementioned, during the thne of his government; and shall also give a true and just account of all the monies and goods committed to his managing.

Fourthly, That for such as shall plant there now, in the beginning, he shall take care that they plant themselves either at the harbour, or near the mouth of the river, that these places may be the better strengthened for their own" safety, and to that end, that they also set down in. such bodies together, as they may be most capable of an entrenchment; provided that there be reserved unto the fort, for the maintenance of it, one thousand or fifteen hundred acres, at least, of good ground, as near adjoining thereunto as may be.

Fifthly, That forasmuch as the service will take him off from his own employment, the company do engage themselves, to give him a just and due consideration for the same. In witness whereof we have interchangeably hereunto subscribed our names.

W. Say and Seal, George Fenwick,

Henry Lawrence, Arthur Hasselrino,

Richard Saltonstall, Henry Darlet.

NUMBER III.

The original constitution of Connecticut, farmed by voluntary compact, 1639.

FORASMUCH as it hath pleased the Almighty God, by the wise .disposition of his divine providence, so to order and dispose of things, that we the inhabitants and residents of Windsor, Hartford, and WeathersfieH, are now cohabiting, and dwelling in and upon the river Connecticut, and the lands thereunto adjoining,.and well knowing where a people are gathered together, the word of God requireth that, to maintain the peace and union of such a people, there should be an orderly and decent government established according to God, to order and dispose of the affairs of the people at all seasons, as occasion should require; do therefore associate and conjoin ourselves to be as one public State or Commonwealth-; and do, for ourselves ftnd our successors, and such as shall be adjoined to us at any time hereafter, enter into combination and confederation together, to maintain and preserve the liberty and purity of the gospel of our Lord Jesus, which we now profess, as also the discipline of the churches, which, according to the truth of said gospel, is now practised amongst us; as also in our civil affairs to be guided and governed according to such

icrws, rules, orders, and decrees, as shall be made, ordered, and decreed, as followcth:

I. It is ordered, sentenced, and decreed, that there shall be yearly two general assemblies or courts, the one on the second Thursday of April, the other the second Thursday of September following : The first shall be called the-Court of ElecTion, wherein shall be yearly chosen, from time to time, so many magistrates and other public officers, as shall be found requisite, whereof one to be chosen governor for the year ensuing, and until another be chosen, and no other magistrate to be chosen for more than one year; provided always, there be six chosen besides the governor, which being chosen and sworn according to an oath recorded for that purpose, shall have power to administer justice according to the laws here established, and for want thereof according to the rule of the word of God ; which choice shall be made by all that are admitted freemen, and have taken the oath of fidelity, and do cohabit within this jurisdiction, having been admitted inhabitants by the major part of the town where they live, or the major part ef such as shall be then present.

II. It is ordered, sentenced, and decreed, that the election of the aforesaid magistrates shall be in this manner; every person present and qualified for choice, shall bring in (to the persons deputed to receive them), one single paper, with the name of him written on it whom he desires to have governor, and he that hath the greatest number of papers shall be governor for that year: And the rest of the magistrates or public officers to be chosen in this manner; the secretary for the time being, shall first read the names of all that are to be put to choice, and then shall severally nominate them distinctly, and every one that would have the person nominated to be chosen shall bring in one single paper written upon, and he that would not have him chosen shall bring in a blank, and every one that has more written papers than blanks, shall be a magistrate for that year, which papers shall be received and told by one or more that shall be then chosen, by the court, and sworn to be faithful therein; but in case there should not be six persons as aforesaid, besides the governor, out of those which are nominated, then he or they which have the most written papers, shall be a magistrate or magistrates for the ensuing year, to make up the aforesaid number.

III. It is ordered, sentenced, and decreed, that the secretary shall not nominate any person new, nor shall any person be chosen newly into the magistracy, which was not propounded in some general court before, to be nominated the next election : And.to that end it shall be lawful for each of the towns Aforesaid, by their deputies, to nominate any two whom they conceive fit to be put to election, and the court may add so many more as they judge requisite.

IV. It is ordered, sentenced, and decreed, that no person be chosen governor above once in two years, and that the governor be always a member of some approved congregation, and formerly of the magistracy within this jurisdiction, and all the magistrates freemen of this commonwealth; and that no magistrate or other public officer, shall execute any part of his or their office before they are severally sworn, which shall be done in the face of the court if they be present, and in case of absence, by some deputed for that purpose.

V. It is ordered, sentenced, and decreed, that to the aforesaid court of election, the several towns shall send their deputies, and when the elections are ended chcy may proceed in any public service, as at other courts; also, the other general court in September, shall be for making of laws, and any other public occasion which concerns the good of the commonwealth.

VI. ft is ordered, sentenced, and decreed, that the governor shall, either by himself or by the secretary, send out summons to the constables of every town, for the calling of those two standing courts, one month at least, before their several times; and also, if the governor and the greatest part of the magistrates see cause, upon any special occasion, to call a general court, they may give order to the secretary so to do, within fourteen days warning; and if urgent necessity so require, upon a shorter notice, giving sufficient grounds for it to the deputies when they meet, or else be questioned for the same, /^nd if the governor, or major part of the magistrates, shall either neglect or refuse to call the two general standing courts, or either of them, as also at other times when the occasions of the commonwealth require, the freemen thereof, or the major part of them, shall petition to them so to do; if then it be either denied or neglected, the said freemen, or the major part of them, shall have-power to give order to the constables of the several towns to do the same, and so may meet together and choose to themselves a moderator, and may proceed to do any act of power which any other general courts W»ay.

VII. It is ordered, sentenced, and decreed, that after there are warrants given out for any of the said general courts, the constable or constables of each town, shall forthwith give notice distinctly to the inhabitants of the same, in some public assembly, or by going or sending from house to house, that at a place and time by him or them limited and set, they meet and assemble themselves together, to elect and choose certain deputies Jo be at the general court then following, to agitate the affairs of the commonwealth, which said deputies shall be chosen by all that are admitted inhabitants in the several towns, and have taken the oath of fidelity; provided, that none be chosen a deputy for any general court which is not a freeman of this commonwealth : The aforesaid deputy shall be chosen in manner following; every person that is present and qualified, as before expressed, shall bring the names of such, written on several papers, as they desire to have chosen, for that employment ; and those three or four, more or less, being the nuraber'agreed on to be chosen, for that time, that have the greatest number of papers written for them, shall be deputies lor that court; whose names shall be indorsed on the back side of the warrant, and returned into the court with the constable or constables hand unto the same.

VIII. It is ordered, sentenced, and decreed, that Windsor, Hartford, and Weathersfield, shall have power, each town, to send four of their freemen as their deputies, to every general court; and whatsoever other towns shall be hereafter added to this jurisdiction, they shall send so many deputies as the court shall judge meet; a reasonable proportion to the number of freemen that are in said towns, being to be attended therein ; which deputies shall have the power of the whole town to give their votes, and allowance to all such laws and orders, as may be for the public good, and unto which the said towns are to be bound.

IX. It is ordered, sentenced, and decreed, that the deputies thus chosen, shall have power and liberty to appoint a time and a place of meeting together, before any general court, to advise and consult of all such things as may concern the good of the public; as also to examine their own elections, whether according to the order; and if they or the greatest part of them find any election to be illegal, they may seclude such for the present from their meeting, and return the same and their reasons to the court; and if it prove true, the court may fine the party of parties so intruding upon the town, if they see cause, and give out a warrant to go to a new election in a legal way, either in part or in whole; also the said deputies shall have power to fine any that shall be disorderly at their meeting, or for not coming in due time or place, according to appointment; and they may return said fine into the court, if it be refused to be paid, and the treasurer to take notice of it, and to estreat or levy the same as he doth other fines.

X. It is ordered, sentenced, and decreed, that every general court (except such as, through neglect of the governor and the greatest part of the magistrates, the freemen themselves do call.) shall consist of the governor, or some one chosen to jpoderate the court, and four other magistrates at least, with t)1^ major part of the deputies of the several towns legally chosen; and in case the freemen, or the major part. of them, through neglect or refusal of the governor and major part of the magistrates, shall call a court, that shall consist of the major part of the freemen that are present, or their deputies, with a moderator chosen by them ; in which said general court shall consist the Supreme Power of the Commonwealth, and they only shall have power to make laios or repeal them, to grant levies. to admit freemen, to dispose of lands undisposed of, to several towns or persons, and also shall have power to call other courts, or magistrate, or any other person whatsoever, into question for any misdemeanor; and may forjust causes displace or deal otherwise, according to the nature of the offence; and also may deal in any other matter that concerns the good of this commonwealth, except election of magistrates, which shall be done by the whole body of freemen ; in which court the governor or moderator shall have power to order the court, to give liberty of speech, and silence unreasonable and disorderly speaking, to put all things to vote, and in case the vote be equal to hav« a casting voice ; but none of these courts shall be adjourned or dissolved without the consent of the major part of the court.

XI. It is ordered, sentenced, and decreed, that when any general court, upon the occasions of the commonwealth, have agreed upon any sum or sums of money to be levied upon the several.towns within this jurisdiction, that a committee be chosen to set out and appoint what shall be the proportion of eve.. ry town to pay, of the said levy, provided the committee be made up of au equal number out of each town. 1 Hh January, 1638.* ...

NUMBER IV.

The fundamental articles, or original constitution oj the colony of New-Haven, June 4th, 1639.

THE 4th day of the 4th month, called June, 1639, all the free planters assembled together in a general meeting, to consult about settling civil government, according to God, and the nomination of persons that might be found, by consent of all. Attest in all respects for the foundation work of a church, which was intended to be gathered in Quinipiack. After solemn invocation of the name of God,- in prayer for the presence and help of his spirit and grace, in those weighty businesses, they were reminded of the business whereabout they met, (viz.) for the establishment of such civil order as might be most pleas* This as we now date was 1G39.

ing unto God, and for the choosing the fittest men for the foundation work of a church to be gathered. For the better enabling them to discern the mind of God, and to agree accordingly ' concerning the establishment of civil order, Mr, John Davenport'propounded divers queries to them publicly, praying them to consider seriously in the presence and fear of God, the weight of the. business they met about, and not to be rash or slight in giving their votes to things they understood not; but to digest fully and thoroughly what should be propounded to them, arid without respect to men, as they should be satisfied and persuaded in their own minds, to give their answers in such sort as they would be witling should stand upon record for posterity.

This being earnestly pressed by Mr. Davenport, Mr. Robert Newman was in-treated to write, in characters, and to read distinctly and audibly, in the hearing of all the people, what was propounded and accorded on, that it might appear, that all consented to matters propounded, according to words written by him.

Query 1. Whether the scriptures do hold forth a perfect rule for the direction and government of all men in all duties which they are to perform to God and men, as well in families and commonwealth, as in matters of the church ? This was assented unto by all, no man dissenting, as was expressed by holding up of the hands. Afterwards it was read over to them, that they might see in what words their vote was expressed. They agaiu expressed their consent by holding up their hands, no man dissenting.

Query II. Whereas, there was a covenant solemnly made by the whole assembly of free planters of this plantation, the first day of extraordinary humiliation, which we had after we came together, that as in matters that concern the gathering and ordering of a church, so likewise in all public officers which concern civil order, as choice of magistrates and officers, making and repealing laws, dividing allotments of inheritance, and allfhingsof like'nature, we would all of us be ordered by those rules which the scripture 'holds forth to us; this covenant was called a plantation covenant, to distinguish it from a churh covenant, which could not at that time be made, a church not being then gathered, but was deferred till a church might be gathered, according to God : It was demanded whether all the free planters do hold themselves bound by that covenant, in all businesses of that nature which are expressed in the covenant, to submit themselves to be ordered by the rules held forth in the scripture ?

This also was assented unto by all. and no man gainsayed it: and they did testify the same by holding up their ho

Loth when ii was first propounded, and confirmed the same by holding up their hands when it was read unto them in public. John Clark being absent, when the covenant Was made, doth now manifest his consent to it. Also, Richard Beach, Andrew Law, Goodman Banister, Arthur Halbridge, John Potter, Robert Hill, John Brocket, and John Johnson, these persons, being not admitted planters when the covenant was made, do now express their consent to it.

Query HI. Those who have desired to be received as free planters, and are settled in the plantation, with a purpose, resolution- and desire, that they may be admitted into church fellowship, according to Christ, as soon as God shall fit them thereunto, were desired to express it by holding up hands. Accordingly all did express this to be their desire and purpose by holding up their hands twice, (vjz.) at the proposal of it, and after when these written words were read unto them.

Query IV. All the free planters were called upon to express, whether they held themselves bound to establish such civil order as might best conduce to the securing of the purity and peace of the ordinance to themselves and their posterity according to God ? In answer hereunto they expressed by holding up their hands twice as before, that they held themselves hound to establish such civil order as might best conduce to the ends aforesaid.

Then Mr. Davenport declared unto them, by the scripture, what kind of persons might best be trusted with matters of government ; and by sundry arguments from scripture proved that such men as were described in Exod. xviii. 2, Deut. i. J3, with Deut. xvii. 15, and 1 Cor. vi. 1, 6, 7, ought to be intrusted by them, seeing they were free to cast themselves into that mould and form of commonwealth which appeared best for them in reference to the securing the peace and peaceable improvement of all Christ his ordinances in the church according to God, whereunto they have bound themselves, as hath beeu acknowledged.

Having thus said he sat down, praying the company freely to consider, whether they would have it voted at this time or not. After some space of silence, Mr. Theophilus Eaton answered, it might be voted, and some others also spake to the same purpose, none at all opposing it. Then it was propounded to vote.

Query V. Whether free burgesses shall be chosen out of the church members, they that are in the foundation work of the church being actually free burgesses, and to choose to themselves out of the like estate of church fellowship, and the power of choosing magistrates and officers from among themselves, and the power of making and repealing laws, according to the word, and the dividing of inheritances, and deciding of differences that may arise, and all the businesses of like nature are to be transacted by those free burgesses ? This was put to vote and agreed unto by lifting up of hands twice, as in the former it was done. Then one man stood up and expressed his dissenting from the rest in part; yet granting, 1. That magistrates should be men fearing God. 2. That the church is the company where, ordinarily, such men may be expected. 3. That they that choose them ought to be men fearing God: only at this he stuck, that free planters ought not to give this power out of their hands. Another stood up and answered, that nothing was done, but with their consent. The former answered, that all the free planters ought to resume this power into their own hands again, if things were not orderly carried. Mr. Theophilus Eaton answered, that in all places they choose committees in like manner. The companies in Londoli choose the liveries by whom the public magistrates are chosen. In this the rest are not wronged, because they expect, in time, to be of the livery themselves, and to have the same power. Some others.intreated the former to give his arguments and reasons whereupon he dissented. He refused to do it, and said, they might not rationally demand it, seeing he let the vote pass on freely and did not speak till after it was past, because he would not hinder what they agreed upon. Then Mr. Davenport, after a short relation of some former passages between them two about this question, prayed the company that nothing might be concluded by them on this weighty question, but what themselves were persuaded to be agreeing with the mind of God, and they had heard what had been said since the voting; he intreated them again to consider of it, and put it again to vote as before. Again all of them, by holding up their hands, did show their consent as before. And some of them confessed that, whereas they did waver before they came to the assembly, they were now fully convinced, that it is the mind of God. One of them said that in the morning before he came, reading Deut. xvii. 15, he was convinced at home. Another said, that he came doubting to the assembly, but he blessed God, by what had been said, he was now fully satisfied, that the choice of burgesses out of church members, and to instruct those with the power before -spoken of, is according to the mind of God revealed in the scriptures. All having spoken their apprehensions, it was agreed upon, and Mr. Robert Newman was desired to write it as an order whereunto every one that hereafter should be admitted here as planters, should submit, and testify the same by subscribing their names to the order: Namely, that church members only shall be free burgesses, and that they only shall choose magistrates and officers among themselves, to have power of transacting all the public civil affairs of this plantation; of making and repealing laws, dividing of inheritances, deciding of differences that may arise, and doing all things and businesses of like nature.

This being thus settled, as a fundamental agreement concerning civil government, Mr. Davenport proceeded to propound something to consideration about the gathering of a church, and to prevent the blemishing of the first beginnings, of the church work, Mr. Davenport advised, that the names of such as were to be admitted might be publicly propounded, to the end that they who were most approved might be chosen : for the town being cast into several private meetings, wherein they that lived nearest together gave their accounts one to another of God's gracious work upon them, and prayed together and conferred to their mutual edification, sundry of them had knowledge one of another -r and in every meeting some one was more approved of all than any other; for this reason, and to prevent scandals, the whole company was intreated to consider whom they found fittest to nominate for this work.

Query VI. Whether are you all willing and do agree in this, that twelve men be chosen, that their fitness for the foundation work may be tried; however, there may be more named, yet it may be in their power who are chosen,U>reduce them to twelve, and that it be in the power of those twelve to choose out of themselves seven, that shall be most approved of by the major part, to begin the church ?

This was agreed upon by consent of all, r* was expressed by holding up of hands, and that so many as should be thought fit for the foundation work of the church, shall be propounded by the plantation, and written down and pass without exception, unless they had given public scandal or offence. Yet so as in case of public scandal or offence, every one should have liberty to propound their exception, at that time, publicly against any man, that should be nominated, when, all their names should be writ down. But if the offence were private, that men's names might be tendered, so many as were offended were intreated to deal with the offender privately, and if he gave not satisfaction, to bring the matter to the twelve, that they might consider of it impartially and in the fear of God.

NUMBER V.

The first agreement with George Fanwick, Esq. 1644.

Articles of agreement made and concluded betwixt George Fenwick, Esq. of Saybrook fort, on the one part, and Edward Hopkins, John Haynes, John Mason, John Steele, and James Boosy, for and on the behalf of the jurisdiction of Connecticut river, on the other part, the 5th of December, 1644.

THE said George Fenwick, Esq. doth, by these presents, convey and make over to the use and for the behoof of the jurisdiction of Connecticut river aforesaid, the fort at Saybrook, with the appurtenances hereafter mentioned, to be enjoyed by them forever. Two demiculvering cast pieces, with all the shot thereunto appertaining, except fifty, which are reserved for his own use; two long saker cast pieces, with all the shot thereunto belonging; one murderer, with two chambers and two hammered pieces ; two barrels of gun powder, forty muskets, with bandoleers and rests, as also four carabines, swords, and such irons as are there for a draw bridge; one sow of lead, and irons for the carriages of ordnance, and all the housing within the palisado.

It is also provided and agreed, betwixt the said parties, that all the land upon the river of Connecticut shall belong to the said jurisdiction of Connecticut, and such lands as are yet undisposed of shall be ordered and given out by a committee of five, whereof George Fenwick, Esq. aforesaid is always to be one.

It is further provided and agreed, that the town of Saybrook shall be carried on according to such agreements, and in that way which is already followed there, and attended betwixt Mr. Fenwick and the inhabitants there.

It is also provided and agreed, betwixt the said parties, that George Fenwick, Esq. shall have liberty to dwell in, or make use of, any or all the housing belonging to the said fort, fop the space of ten years ; he keeping those which he makes use of in sufficient repair, (extraordinary casualties excepted;) and in case he remove his dwelling to any other place, that he should give half a year's warning thereof, that provision may be made accordingly; only it is agreed, that there shall be some convenient part of the housing reserved for a gunner, and his family to live in, if the jurisdiction see fit to settle one there.

It is further provided and agreed, betwixt the said parties, that George Fenwick, Esq. shall enjoy to his own proper use, these particulars following:

1st. The house near adjoining to the wharf, with the wharf and an acre of ground thereunto belonging; provided, that the said acre of ground take not up above eight rods in breadth by the water side.

2d. The point of land, and the marsh lying under the barn already built by the said George Fenwick.

3d. The island commonly called six mile island, with the meadow thereunto adjoining, on the east side the river.

' 4th. The ground adjoining to the town field, which is already taken off and inclosed with three rails, by the said George Fenwick; only there is liberty granted to the said jurisdiction, if they see fit, to build a fort upon the western point, whereunto there shall be allowed an acre of ground for a house lot.

5th. It is also provided and agreed, that the said George Fenwick, Esq. shall have free warren in his own land, and liberty for a floater for his own occasions ; as also the like liberty is reserved for any others of the adventurers, that may come unto these parts, with a double house lot in such place where they jnake choice to settle their abode.

All the forementioned grants (except before excepted) the said George Fenwick, Esq. doth engage himself to make good to the jurisdiction aforesaid, against all claims that may be sn.itli-. by any other to the premises by reason of any disbursements made upon the place.

The said George Fenwick doth also promise, that all the lands from Narraganset river to the fort of Saybrook, mentioned in a patent granted by the earl of Warwick to certain nobles and gentlemen, shall fall in under the jurisdiction of Connecticut, if it come into his power. For, and in regard of the premises, and other good considerations, the said Edward Hopkins, John Haynes, John Mason, John Steele, and James Boosy, authorized thereunto, by the general court for the jurisdiction of Connecticut, do, in behalf of the said jurisdiction, promise and agree, to and with the said George Fenwick, Esquire, that for and during the space of ten full and complete years, to begin from the first of March next ensuing the date of these presents, there shall be allowed and paid to the said George Fenwick, or his assigns, the particular sums hereafter following.

1 st. Each bushel of corn, of all sorts, or meal, that shall pass put of the river's mouth, shall pay two pence per bushel.

M. Every hundred of biscuit that shall in like manner pass put of the river's mouth, shall pay six pence.

3d. Each milk cow, and mare, of three years or upwards, within any of the towns or farms upon the river, shall pay twelve pence per annum during the foresaid term.

4th. Each hog or sow, that is killed by any particular person, within the limits of the .river, and the jurisdiction aforesaid, to be improved either for his own particular use, or to rnako market of, shall in like manner pay twelve pence per annum.

5th. Each hogshead of beaver, traded out of this jurisdic. tion, and passed by water down the river, shall pay twenty shillings.

6th. Each pound of beaver, traded within the limits of the river, shall pay two pence. Only it is provided, that in case the general trade with the Indians, now in agitation, proceed, this tax upon beaver, mentioned in this, and the foregoing arr ticles, shall fall.

7th. The said committee, by the power aforesaid, consent and agree, to and with the said George Fenwick, Esq. that he, the said George Fenwick, and his heirs, shall be free of any impositions or customs, that may hereafter, by the jurisdiction, be imposed at the fort.

It is agreed that the aforesaid payments shall be made in manner following: What shall be due from the grain that is exported, shall be paid in grain, according to the proportion of the several kinds of grain that do pass away, at the common current price; neither attending such prices on the one hand, that the court may set; nor yet on the other hand, such as corn may be sold at, through the necessities of men: And in case of any difference, then the price shall be set by two good men, the one chosen by Mr. Fenwick, and the other by the court. What shall be due otherwise, shall be paid in beaver, wampum, barley, wheat or pease ; the former consideration for the price, to be herein also attended. And it is provided and agreed, that a strict order and course shall be taken in observing what grain is put aboard any vessel that goeth down the river, from any of the towns : .and due notice being taken thereof, every boa tor vessel shall be enjoined to take a note of some person, deputed by the court in each town, what quantities and kinds of grain are aboard the said vessel; and to deliver to Mr. Fenwick, or his assigns, at Saybrook, so much as will be due to him according to the forementioned agreements. And likewise, for the other payments, due care shall be taken, that they be made at the place aforesaid, in as convenient a way as may comfortably be attended, and that all indirect courses be prevented, whereby the true intent and meaning of these agreements may be evaded. In witness whereof the parties before mentioned have hereunto put their hands, the day and year abovesaid. Edward Hopkins, John Haynes,

John Mason, John Steele,

George Fenwick. James Boosy,*

of the colony of Connecticut, folio vol. II. pp. 59. 60,61 and 62NUMBER VI.

second agreement with George Fcnwick, Esquire, February 17th, 1646.

IT was agreed betwixt Edward Hopkins, on the behalf of George Fenwick, Esq. and John Cullick, John Talcott, John Porter, and Henry Cfark, James Boosy, and Samuel Smith, on the behalf of the jurisdiction of Connecticut, that the agreement formerly made with Mr. Fenwick, shall be afterwards, and what was to be received by him according to that, reduced to the terms hereafter expressed: — viz. — There shal l yearly, for .ten years, be paid to Mr. Fenwick, or his assigns,'one hundred and eighty pounds per annum, to be paid every year before the last of June, as it shall be required by the assigns of the said George Fenwick, either to such vessels as shall be appointed, or to such house or houses, in Weathersfield or Hartford, as he shall direct and order. To be paid one third in good wheat, at 4s. per bushel ; one third in pease, at 3s. per bushel ; one third in rye or barley, at 3s. per bushel : And if rye or barley be not paid, then to pay it in wheat and pease, in. an equal proportion; and this present year some Indian corn shall be accepted ; but as little as may be. Also, there is to be received by the said George Fenwick what is due from Springfield, for the aforesaid term of ten years. As also, what else may be due upon the beaver trade, according to the former agreement with him. Also, whereas the town of Saybrook is to pay in this sum of 1801. for this year, 101. when that towu increaseth, so as they pay a greater proportion, in other rates, in reference to what these towns, Windsor, Hartford, Weathersfield, and Farmington do pay, they shall increase their pay to Mr. Fenwick accordingly. Also, whereas Mattaboseck may hereafter be planted, they shall pay unto Mr. Fenwick in the same proportion they pay other rates to these towns. These four towns being accounted at one hundred and seventy pounds.* Edwaad Hopkins,

John Cullick,
John Talcott.

f Records of the colony of Connecticut, folio vol. ii. p. 63.

NUMBER VII.

Petition to his majesty. King Charles II. 1661, for charier prixi~

leges.

The humble petition of the General Court, at Hartford upon Connecticut, in New-England, to the high and mighty Prince Charles the second, humbly shewing:—

THAT whereas your petitioners have not had, for many years past, since their possession and inhabiting these western and inland parts of this wilderness, any opportunity, by reason of the calamities of the late sad times, to seek for, and obtain such grants, by letters patent from your excellent majesty, their sovereign lord and king, as might assure them of such liberties and privileges, and sufficient powers, as might encourage them to go on through all difficulties, hazards, and expenses, in so great a work of plantation, in a place so remote from the christian world, and a desert so difficultly subdued, and no way improveable for subsistence, but by great cost and hard labour, with much patience and cares.

And whereas, besides the great charge that hath been expended by our fathers, and some of their associates yet surviving, about the purchases, building, fortifying, and other matters, of culturing and improving to a condition of safety and subsistence, in the places of our present abode, among the heathen, whereby there is a considerable and real addition to the honour and enlargement of his majesty'.- dominion, by the sole disbursements of his majesty's subjects here; of their own proper estates, they have laid out a very great sum for the purchasing a jurisdiction right of Mr. George Fenwick, which they were given to understand was derived from true royal authority, by letters patent, to certain lords and gentlemen therein nominated, a copy whereof was produced before the commissioners of the colonies, and approved by them, as appears by their records, a copy whereof is ready to be presented at your majesty's command, though, either by fire at a house whore it had been sometimes kept, or some other accident, is now lost; with which your poor subjects were rather willing to have contented themselves, in those afflicting times, than to seek for power or privileges from any other than their lawful prince and sovereign.

May it, therefore, please your most gracious and excellent majesty, to confer upon your humble petitioners, who unanimously do implore your highness's favour and grace therein, those liberties, rights, authorities, and privileges, which were granted by the aforementioned letters patent, to certain lor<\«, and gentlemen, so purchased as aforesaid, or which were enjoyed from those letters patent, granted to the Massachusetts plantation, by our fathers, and some of us yet surviving, when there, in our beginning inhabiting; and upon which those large encouragements, liberties, and privileges, so great a transplantation from our dear England was undertaken, and supposed to be yet our inheritance, till the running of that western line, the bounded limits of those letters patent, did, since our removal thence, determine our lot to be fallen without the limits of that so bounded authority.

May it please your majesty graciously to bestow upon your humble supplicants such royal munificence, according to the tenor of a draft or instrument, which is ready here to be tendered, at your gracious order.

And whereas, besides those many other great disbursements as aforesaid, in prosecution of this wilderness work, your poor petitioners were forced to maintain a war against one nation of the heathens, that did much interrupt the beginnings of your servants, by many bloody and hostile acts, whereby divers of our dear countrymen were treacherously destroyed, and have, also, been ever since, and are still, at much charge in keeping such a correspondence of peace and amity with the divers sorts of the heathen nations, that are round about your plantations, thus far extended into the bowels of the country, besides the maintenance of all public charges for church and civil affairs, which are very great in respect of our great poverty.

May it please your most excellent majesty, out of your princely bounty, to grant such an immunity from customs, as may encourage the merchants to supply our necessities in such commodities as may be wanting here, for which we have neither silver nor gold to pay ; but the supply in that kind may enable, in due time, to search the bowels of the earth for some good minerals, whereof there seems to be fair probabilities, or produce some such other staple commodities, as may, in future time, appear to be good effects of your majesty's goodness and bounty. If your poor colony may find this gracious acceptance with your majesty, as to grant their humble desire, whereby they may be encouraged to go on cheerfully and strenuously in their plantation business, in hope of a comfortable settlement for themselves and their posterity, that under your royal protection they may prosper in this desert; they shall, as is their acknowledged duty, ever pray for your great tranquillity and perpetual happiness; and humbly craving leave, they subscribe themselves your majesty's loyal subjects and servants, the general court of the colony of Connecticut, in New-England, j,er their order signed.*

Jan. 7th, 1661.. Daniel Clark, Sec'ry.

v Oid Book of Patent!, Letter!, &c. p. 12—14.

NUMBER VIII.

The letter of Connecticut to Lord Say and Seal, Jane 7, 1661.

Right Honorable,

THE former encouragements that our fathers, and some of their yet surviving associates, received from your honor to transplant themselves and families into these inland parts of this vast wilderness, where (as we have been given to understand) your honor was, and as we conceive and hope are still interested, by virtue of patent power and authority, doth not only persuade us, but assure us of your patronage and favor, in that which may come within your power, wherein our comfort and settlement, and the well being of our posterity and the whole colony, both in civil and ecclesiastical policy, is so deeply concerned: Honorable Sir, not long after that some persons of note amongst us, and well known to yourself, whose names in that respect we forbear to write, had settled upon this river of Connecticut, and some plantations up the river were possessed, and in some measure improved, Mr. George Fenwick took possession of Saybrook fort, there residing for certain or several years ; at length he was moved, for ends best known to himself, to return to England, and thereupon propounded by himself, our agent, the sale of the fort, with the housing there, and several appurtenances, together with all the lands on the river, and so to the Narraganset Bay, with jurisdiction power to this colony, which was exceedingly opposed by several amongst us, whom some of us have heard to affirm that such a thing would be very distasteful to your honor, with the rest of the noble patentees, who had very bountiful intentions to this colony; nevertheless, though there was a stop for the present, yet in some short time (God removing some from us by death, that were interested in the hearts and affections of several of those nobles and gentlemen the patentees in England) the business of purchase was revived by Mr. Fenwick, and expressions to this purpose given out by him, or his agents, or both; that he had power to dispose of the prem"ises, the rest of the patentees deserting, it fell into his hands by agreement, and in case the towns on the river refused to comply with such terms as he proposed for the purchasing of the said fort, &c. it was frequently reported that he purposed cither to impose customs on the river or make sale thereof to the Dutch our noxious neighbours ; at last, for our peace, and settlement, and security, (as we hoped) we made, by our committee, an agreement with the said Mr. Fenwick, a copy whereof is ready to be presented unto your honor, which cost this riv

er one thousand six hundred pounds, or thereabouts, whereir> your honor may see the great abuse that we received at Mr. Fenwick's hands, he receiving a vast sum from a poor people, and we scarcely at all advantaged thereby, nay, we judge oar Condition worse than if we had contented ourselves with the patronage of the grand patentees, for we have not so much as a copy of a patent to secure our standing as a commonwealth, jior to ensure us of the continuance of our rights a-nd privileges and immunities which we thought the jurisdiction power and authority, which Mr. Fenwick had engaged to us, and we paid for at a dear rate, nor any thing under his hand to engage him and his heirs, to the performance of that which was aimed at and intended in our purchase: the lands up the river, fora long tract, the Massachusetts colony doth challenge, and have run the line, which, as they say, falls into one of our towns ; on the other side towards Narraganset, we know not how to claim, being destitute of patent and a copy to decide the bounds. Be pleased, noble sir, to consider our condition, who have taken upon us this boldness to address to his majesty, our sovereign lord, and to petition- his grace and favor towards us, m granting us the continuance of his protection and the continuance of those privileges and immunities, that we have hitherto enjoyed in this remote western part of the worW; and likewise for a patent whereby we may be encouraged and strengthened in our proceedings. Right honorable, our humble request to yourself is, that you would be pleased to countenance our enterprise, and so far to favor us as to counsel and advise our agent, who is to represent this poor colony and to act in our behalf, John Winthrop, Esq. our honored governor, whom we have commissioned and also directed to await your honor's pleasure for advice and counsel, both respecting our petition to the king's majesty, as also respecting the case forementioned, that if there be any relkf for us, we may not lose such a considerable sum of money, and be exposed to further expense for the obtaining a patent. If we may find this favor with your honor to afford your advice and counsel, and helpfulness to bring to pass our desires, we shall still acknowledge your enlarged bounty and favorable respect to us and ours, and ever pray an inundation of mercies may flow in upon your lordship from the Author and Fountain of blessing. With all due respects, we subscribe, sir, your lordship's humble servants, the general assembly of the colony of Connecticut. Per their order signed,

Per Daniel Clakk, Secretary.* * Old book of letters, &c. p. 9—II.

NUMBER IX.

Letter of Lord Say and Seal to Governor Winthrop, December

1661.

Ma. WtNTHROP,

I RECEIVED your letter, by Mr. Richards, and I would have been glad to have had an opportunity of being at London myself to have done you and my good friends, in NewEnglanji, the best service I could $ but my weakness hajh.been such, and my old disease of the gout falling upon toe, I did desire leave not to come up this winter, but I have wrote to the Earl of Manchester, lord chamberlain of his majesty's household, to give you the best assistance he may ; and indeed he is a noble and worthy lord, amd one that loves those that are godly. And he and i didjoin together, that our godly friends of New-England might enjoy their just rights and liberties ; and this colonel Crowne, who, I hear, is still in London, can fully inform you. Concerning that of Connecticut, I am not able to remember all the particulars; but 1 have written to my lord chamberlain, that when you shall attend him, (which I think will be best for you to do, and therefore I have inclosed a letter to him, in yours) that you may deliver it, and I have desired him to acquaint you where you may speak with Mr. Jesup, who, when we had the patent, was our clerk, and he I believe, is able to inform you best about it, and I have desired my lord to wish him so to do. I do think he is now in London. My love remembered unto you, 1 shall remain, Your very loving friend,

W. Say and Seal.

NUMBER X.

Letter of New-Haven to Connecticut, November 5lh, 1662.

Honored Gent.

WE have heard both the patent and that writing read, which those gentlemen (who said they were sent from your general assembly) left with our committee, and have considered the contents according to our capacities. By the one we take notice of their declared sense of the patent, and also of your desire of our uniting with yourselves upon that account ; by the other, we understand, that his majesty hath been graciously pleased (at your earnest petition) to grant liberty to the colo~ ny of Connecticut, to acquire, have, possess, purchase, &c. whatever lands, &c. you have gained or shall gain by lawful means, within the precincts or lines therein mentioned ;

alsr, of his abundant grace, to allow and establish you to be one boly politic for managing all your public affairs and government, in a religious and peaceable manner, to the intents and purposes by his majesty, and the adventurers therein professed, over all persons, matters, and things, so gained by purchase or conquest, at your own proper costs and charges, according as yourselves informed you had already done. Now whatever is so yours, we have neither purpose nor desire to oppose, hurt, or hinder in the least; but what ourselves (by like lawful means) have attained, as to inheritances, or jurisdiction, as a distinct colony, upon our most solemn and religious covenants, so well known to his majesty, and to all, we must say, ibat we do not find in the patent any command given to you, nor prohibition to us, to dissolve covenants, or alter the orderly settlements of New-England, nor any sufficient reaton, why we may not so remain to be as formerly; also your beginning to procure, and proceeding to improve the patent without us, doth confirm this belief; but rather it seems that a way is left open to us to petition for the like favor, and to enter our appeal from your declared sense of the patent, and signify our grievances. Yet, if it shall appear (after a due and full information of our state) to have been his majesty's pleasure so to unite us, as you understand the patent, we must submit according to God ; but, for the present, we cannot answer otherwise than our committee hath done, and likewise to make the same request unto you, that we may remain distinct as formerly, and may be succoured by you as confederates; at least, that none occasion be given by yourselves for any to disturb us in our ancient settlements, until that, either by the honored Mr. Winthrop, by our other confederates, or from his majesty, we may be resolved herein: All which means are in our thoughts to use, except you prevent, for the gaining of a right understanding, and to bring a peaceable issue or reconcilement of this matter; and we wish you had better considered than to act so suddenly, to seclude us from patent privileges at first, if we are included, as you say, and to have so proceeded since, as may seem to give advantage unto disaffected persons to slight or disregard oath and covenants, and thereby to rend and make division, manage contention and troubles in the townships and societies of this colony, and that about religious worships, as the inclosed complaint may declare, which seems to us a great scandal to religion before the natives, and prejudicial to his majesty's pious intention, as also to hold forth a series of means very opposite to the end pretended, and very much obscured from the beauty of such a religious and peaceable walking among English brethren, as may either invite the jsativps to the chjristian feitb, or unite our spirits in this June? ture; and this occasion given before any conviction tendered, or publication of the patent among us, or so much as a treaty with us in 3 christian, neighbourly way. No pretence for our dissolution of government, till then could rationally be imagined. Such carriage may seem to be against the advice and mind of his majesty in the patent; as also of your honored governor, and to cast reflection upon him, when we compare these things with his letters to some here ; for the avoiding whereof, we earnestly request that the whole of what he hath written to yourselves, so far as it may respect us in this business, may be fully communicated to our view in a true copy or transcript of the same. We must profess ourselves grieved hereat, and must desire and expect your effectual endeavours to repair these breaches, and restore us to our former condition as confederates, until that by all, or some of these ways intimated, we may attain a clear resolution in this matter. Unto what we have herein propounded, we shall add, that we do not, in the least, intend any dislike to his majesty's act, but show our sense of your actings,- first and last, so much to our detriment, and to manifest the consequent effects to God's or.shonour, as also to give you to know how we understand the patent, hoping that you will both candidly construe, and friendly comply, with our desires herein, and so remove the cause of our distraction and sad affliction, that you have brought upon this poor colony; then shall we forbear to give you further trouble, and shall pray to the God of spirits to grant us all humility, and to guide us by his heavenly wisdom to a happy issue of this affair, in love and peace. Resting, Gentlemen, your very loving

friends and neighbours, The Freemen of the colony of New-Haven. Per James Bishop, Secretary, in the name, and by order and

consent of the committee and freemen of New-Haven

colony.

NUMBER XI. New-Haven's remonstrance against Connecticut, May 6/A, 1663.

Gentlemen,

THE professed grounds and ends of your and our coming into these parts are not unknown, being plainly expressed in the prologue to that solemn confederation entered into by the four colonies of New-England, printed and published to the world, viz. to advance the kingdom of our Lord Jesus Christ, and to enjoy the liberties of the gospel in purity with peace, for we left our dear native country, and were willing to un

dcrgo the difficulties we have since met with, in this wilderness, yet fresh in our remembrance; being the only ends we still pursue, having hitherto found by experience so much of the presence of God with us, and of his goodness and compassion towards us in so doing, for these many years. Yet, considering how unanswerable our returns have been to God, how unfruitful, unthankful, and unholy, Under so much means of grace, and such liberties, we cannot but lament the same, judge ourselves, and justify God, should he now at last (after so long patience towards us) bring desolating judgments upon us, and make us drink of the dregs of that cup of indignation, he hath put into the hands of his people in other parts of the world, or suffer such contentions (in just displeasure) to arise among us, as may hasten our calamity, and increase our wo; which we pray the Lord in mercy to prevent. And whereas, in the pursuance of the said ends, and upon other religious and civil considerations, as the security of the interest of each colony, within itself in ways of righteousness and peace, and all and every of the said colonies from the Indians and other enemies, they did judge it to be their bounden duly, for mutual strength and helpfulness, for the future, in all their said concernments to enter into a consociation among themselves, thereupon fully agreed and concluded by and between the parties or jurisdictions, in divers and sundry articles, and at last ratified as a perpetual confederation by their several subscriptions : Whercunto we conceived ourselves bound to adhere, until with satisfaction to our judgments and consciences, we see our duty, with the unanimous consent of the confede-rates, orderly to recede, leaving the issue unto the most wise and righteous God. As for the patent, upon your petition, granted to you by his majesty, as Connecticut colony, so far, and in that sense we object not against it, much less against his majesty's act in so doing, the same being a real encouragement to other of his subjects to obtain the like favor, upon their humble petition to hie royal highness, in the protection of their persons and purchased rights and interests, is also a ground of hope to us. But if the line of your patent doth circumscribe this colony by your conlrivement, without our cognizance, or consent, or regard to the said confederation on your parts, we have, and must still testify against it, as not consistent (incur judgment) with brotherly love, righteousness and peace : And that this colony (for so long time a confederate jurisdiction, distinct from yours and the other colonies) is taken in under the administration of the said patent, in your hands, and so its former being dissolved, and distinction ceasing, there being na one line or letter in the patent, expressing his majesty's pleasure that way. Although it is your sense of it, yet we canned

so apprehend ; of which we having already given our grounds at large in writing, we shall not need to say much more ; nor have we met with any argumentative or rational convictions from you, nor do we yet see cause to be of another mind.

As for your proceedings upon pretence of the patent towards us, or rather against us, in taking in sundry of the inhabitants of this colony under your protection and government, who, as you say, offered themselves, from which a good conscience, and the obligation under which most of them stood to this colony, should have restrained them, without the consent of the body of this colony first had, and in concurrence with them, upon mature deliberation and conviction of duty yet wanting, we cannot but again testify against as disorderly in them, and which admission, on your parts, we conceive, your Christian prudence might have easily suspended, for prevention of that great offence to the consciences of your confederate brethren, and those sad consequences which have followed, disturbing the peace of our towns, destroying our comforts, hazard of our lives and liberties, by their frequent threats and unsufferable provocations, hath been, and is, with us, matter of complaint, both to God and man; especially when we consider, that thus you admitted them and put power into their hands, before you had made any overture to us, or had any treaty with us, about so weighty a business, as if you were in haste to make us miserable, as indeed, in these things, we are at this day.

And seeing upon the answer returned to your propositions made by you afterwards, of joining with you in your government, finding ourselves already so dismembered, and the weighty grounds and reasons we then presented to you, we could not prevail so far with you, as to procure a respite of your further proceedings, until Mr. Winthrop's return from England, or the grant of any time that way, which was thought but reasonable by some of yourselves, and the like seldom denied in war to very enemies, we saw it then high lime and necessary (fearing these beginnings) to appeal unto his majesty, and so we did, concluding according to the law of appeals, in all cases and among all nations, that the same, upon your allegiance to his majesty, would have obliged you to forbear all further process in this business; for our own parts resolving (notwithstanding all that we had formerly suffered) to sit down ( patient under the same, waiting upon God for the issue of our said appeal. But seeing that, notwithstanding all that we had presented to you by word and writing—notwithstanding our appeal to his majesty—notwithstanding all that we have suffered, (by means of that power you have set up, viz. a'constableat Stamford.) of which informations'have been giveu you.

et you have gone further, to place a constable at Guilford, in ike manner, over a party there, to the further disturbance of our peace and quiet, a narrative whereof, and of the provocations and wrongs we have met with at Stamford, we have received, attested to us by divers witnesses, honest men. We cannot hut, on behalf of our appeal to his majesty, whose honour is highly concerned therein, and of our just rights, but (as men exceedingly afflicted and grieved) testify in the sight of God, angels, and men, against these things. Our end therein being not to provoke or further any offence, but rather as a discharge of duty, on our parts, as brethren and christian confederates, to call upon you, to take some effectual course to case and right us, in a due redress of the grievances you have caused by these proceedings; and that after you had complimented us with large offers of patent privileges, with desire of a treaty with us for union of our colonies; and you know, as your good words were kindly accepted, so your motion was fairly answered by our committee. That in regard we were under an appeal to his majesty, that being limited by our freemen, not to conclude any thing for altering our distinct colon}' state and government, without their consent, and without the approbation of the other confederate colonies, they were not in present capacity so to treat; but did little suspect such a design on foot against us, the effect whereof quickly appeared at Guilford, before mentioned.

But we shall say no more at this time, only tell you, whatever we suffer by your means, we pray the Lord would help us to choose it, rather than to sin against our consciences, hoping the righteous God will, in due time, look upon our affliction, and incline his majesty's heart to favour our righteous cause.

Subscribed in the name, and by order of

the general court of New-Haven colony.

Per James Bishop, Secretary. New-Haven, May 6th, 1663.

NUMBER XII. Governor Wlnthrop's letter to Connecticut, March 3d, 1663.

Gentlemev,

I AM informed by some gentlemen, (who are authorized to seek remedy here,) that since you had the late patent, there hath been injury done to the government of New-Haven, and, in particular, at Guilford and Stamford, in admitting of several of the inhabitants there unto freedom with you, and appointing officers, which hath caused divisions in the said towns, windmay prove of dangerous consequence, if not timely prevented; though I do hope the rise of.it is from misunderstanding, and not in design of prejudice to that colony, for whom I gave assurance to their friends that their rights and interests should not be disquieted, or prejudiced by the patent, but if both governments would, with unanimous agreement, unite in one, their friends judged it for advantage to both: And further I must let you know, that testimony here dbth affirm, that I gave assurance before authority here, that it was not intended to meddle with any town or plantation that was settled under any other government: had it been any otherwise intended, or declared, it had been injurious, in taking out the patent, not to have inserted a proportionable number of their names in it. Now, upon the whole, having had serious conference with their friends, authorized by them, and with others who are friends to both, to prevent a tedious and chargeable trial, and uncertain event here, I promised them, to give you speedily this reEresentation, how far you are engaged. If any injury have een done, by admitting of freemen, or appointing officers, or other unjust intermeddling with New-Haven colony, in one kind or other, without the approbation of the government, that it be forthwith recalled, and that, for the future, there will be no imposing in any kind upon them, nor admitting of any members without mutual consent; but that all things be acted as loving neighbouring colonies, as before such patent granted, and unto this I judge you are obliged, I having engaged to their agent here, that this will be by you performed, and they have thereupon forborne to give you or me any trouble; but they do not doubt, but upon future consideration, there may be such a right understanding between both governments, that an union and friendly joining may be established, to the satisfaction of all; which, at my arrival, I shall also endeavour (God willing) to promote. Not having more at present, in this case, I rest, Your humble servant,

,JOHN WlNTHROP.

London, March 3d, 1662.*
* This, according to the present way of dating, was March 3d, 1663.

NUMBER XIII.

tits majci-ly's commission to Colonel Nichols, Sir Robert Carr, knight, and others, for the settlement of boundaries, #c. AprH 26th, 1664.

CHARLES K.

Charles the second, by the grace of God, king of Englandx ' Scotland, France, and Ireland, defender of the faith, &c. To all to whom these presents shall come, Greeting.

WHEREAS we have received several addresses from our subjects of several colonies of New-England, all full of duty and affection, and expressions of loyalty and allegiance to us* with their humble desires to us, that we would renew their several charters, and receive them into our favourable opinion and protection-: And several. of our colonies there, and other our loving subjects, have, likewise complained of differences and disputes arisen upon" the limits and bounds of their several charters and jurisdictions, whereby unneighbourly and un-brotherly contentions have and may arise, to the damage and discredit of* the English interest; and that all our good subjects residing there, and being planters within the several colonies, do not enjoy the liberties and privileges granted unto them by our several charters, upon confidence and assurance of which they transported themselves and their estates into those parts: And we having received some addresses from the great men and natives of those countries, in which they complain of breach of faith, and acts of vrolence and injustice, whicn they have been forced to undergo from our subjects, whereby not only our government is traduced, but the reputation and credit of the Christian religron brought into prejudice and reproach, with the Gentiles and inhabitants of those countries, who know not God, the reduction of whom to the true knowledge and fear of God, is the most worthy and glorious end of these plantations. Upon all which motives, and as an evidence and manifestation of our fatherly affection towards all our subjects in those several colonies of New-England, (that is to say,) of the Massachusetts, Connecticut, New-Plymouth, Rhode-Island, and Providence plantations, and all other plantations which are in that tract of land known under the appellation of New-England; and to the end that we may be truly informed of the state and condition of our good subjects there, that so we may the better know how to contribute to the further improvement of their happiness and prosperity:

Know ye, therefore, that we, reposing especial trust and confidence in the fidelity, wisdom, and circumspection of our trusty and well beloved colonel Richard Nichols, Sir Robert Carr, knight, George Cartwright, E.sq. and Samuel Maverick, Esq. of our especial grace, certain knowledge, and mere motion, have made, ordained, constituted, and appointed, and do by these presents make, ordain, constitute, and appoint the said colonel Richard Nichols, Sir Robert Carr, knight, George Cartwright, and Samuel Maverick, Esquires, our commissioners 5 and do hereby give and grant unto them, or any three or two of them, or of the survivors of them, (of whom we will the said colonel Richard Nichols, during his life, shall be always one, and upon equal division of opinions, to have the casting and decisive voice.) in our name, to visit all and every the several colonies aforesaid, and also full power to hear and receive, and to examine and determine ail complaints and appeals, in all causes and matters, as well military a$ criminal and civil, and proceed in all things for the providing for and settling the peace and security of the said country, according to their good and sound discretions, and to such instructions as they or the survivors of them have, or shall, from time to time, receive from us in that behalf, and from time to time, as they shall find expedient, to certify us or our privy council, of their actings or proceedings touching the premises; and for the doing thereof, or any other matter or thing relating thereunto, these presents, or the enrolment thereof, shall be unto them, and every of them, a sufficient warrant and discharge in that behalf. In witness whereof, we have caused these our letters to be made patent. Given at the court at Whitehall, the 26th day of April, 1664, and in the sixteenth year of our reign. Barker.

NUMBER XIV.

JHis majesty's gracious letter to the governor and company of Connecticut, accompanying the commission, April 23d, 1664.

CHARLES R.

TRUSTY and well beloved, we greet you well, having, according to the resolution we declared to Mr. John Winthrop, at the time when we renewed your charter, now sent these persons of known abilities and affections to us, that is to say, colonel Richard Nichols, Sir Robert Carr, knight, George Cartwright, Esq. and Samuel Maverick, Esq. our commission.ers, to visit those our several colonies and plantations in NewEngland, to the end that we may be the better informed of the state and welfare of our good subjects, whose prosperity is very dear to us ; we can make no question but that they shall find that reception from you which may testify your respect to

us, from whom they are sent for your good. We need not tell you how careful we are of your liberties 3nd privileges, whether ecclesiastical or civil, which we will not suffer to be violated in the least degree; and that they may not be is the principal business of our said commissioners, as likewise to take care that the bounds and jurisdictions of our several colonies there may be clearly agreed upon ; that every one may enjoy what of right belongeth unto them, without strife or contention ; and especially that the natives of that country, who are willing to live peaceably and neighbourly with our English subjects, may receive such justice and civil treatment from them, as may make them the more in love with their religion and manners ; so not doubting of your full compliance and Submission to ourdesire, we bid you farewell. Given at our court at Whitehall, the 23d day of April, 1664, in the sixteenth year of our reign.

By his majesty's command, f

Henrt Bennit.

NUMBER XV.

The Duke and Duchess of Hamilton's petition to King Charla second, and his majesty's reference of the cast to his commissioners, May Bth, 1664. . '

To the King's most excellent majesty. The humble petition of William, Duke of Hamilton, and Anne,

Duchess of Hamilton ; Sheweth,

THAT whereas in the eleventh year of the reign of your royal father, of ever blessed memory, the council established at Plymouth in the county of Devon, for planting, ordering and governing of New-England in America (according to the power given them in the eighteenth year of the reign of the fate king James, by his letters patent, bearing date the third day of November) did for a competent sum of money and other valuable considerations, bargain and sell unto the petitioners' father, by the name of James, Marquis Hamilton, his heirs and assigns, all that part and portion of the main lands in NewEngland, lying and beginning, at the middle part of the mouth of the river Connecticut, to proceed along the sea coast to be accounted about sixty miles, and so up to the westward arm of the river into the land northwestward till sixty miles be finished, and so to cross southwestward till sixty miles, all which part and portion of lands were to be called by the name of the county of New-Cambridge, with several other lands and privileges as by the said deed of feoffment doth more fully appear, a copy whereof is hereunto annexed. Since which time anej by reason of the late unhappy war several persons have possessed themselves of the best and most considerable parts of the said lands, without any acknowledgment of your petitioners' right. Your petitioners therefore most humbly pray, that your majesty will be graciously pleased to recommend the premises to your majesty's commissioners for New-England, and that care may be taken that your petitioners may be restored to their just right, and that nothing be done to their prejudice.

At the court at Whitehall, the 6th May, 1664. His majesty is graciously pleased to refer this petition to the commissioners now employed by his majesty to settle the affairs of New-England, who are to examine the allegations thereof, and upon due consideration had, to preserve and restore to the petitioners their just right and interest, or otherwise to report their opinions thereupon to his majesty, who will then declare his further pleasure, for the honorable petitioners' just satisfaction.*

Henry Bexnit.

NUMBER XVJ.

The determination of his majesty's commissioners, relative to the boundaries oj his royal highness the Duke of York's patent and of the patent of Connecticut, November 30th, 1664.

BY virtue of his majesty's commission, we have heard the differences about the bounds of the patents granted to his royal highness the Duke of York, and his majesty's colony of Connecticut—and having deliberately considered all the reasons alledged by Mr. Allen, senior, Mr. Gould, Mr. Richards, and captain Winthrop, appointed by the assembly held at Hartford, the 13th day of October, 1664, to accompany John Winthrop, Esq. the governorof his majesty's colony of Connecticut, to New-York, and by Mr. Howell and captain Young, of LongIsland, why the said Long-Island should be under the government Of Connecticut; which are too long here to be recited : We do declare and 6rder, that the southern bounds of his majesty's colony of Connecticut, is the sea; and that Long-Island is to be under the government of his royal highness the Duke of York; as is expressed by plain words in the said patents respectively. And also by virtue of his majesty's commission and by the consent of both the governor and the gentlemen above named, we also order and declare, that the creek or river called Momoronpck, which is reputed to be about twelve miles to the east of West-Chester, and a line drawn * Old Book of Letters, 4-c. p. 1.38.

from the east point or side, where the fresh water falls into the salt, at highwater mark, north-northwest to the line of the Massachusetts, be the western hounds of the said colony of Connecticut, and the plantations lying westward of that creek, and line so drawn, to be under his royal higtyness's government; and aH plantations lying eastward of that creek, and line to be under the government of Connecticut. Given under our hands at Fort Jamesj in Ne>y-York, on Manhattans Island, this 30th day of Nov. 1664.

Richard Nichols,
George Cartwright,
Samuel Maverick.

We underwritten, on behalf of the colony of Connecticut, have assented unto this determination of his majesty's commissioners, in relation to the bounds and limits of bis royal highness the duke's patent, and .the patent of Connecticut.*

, John Winthrop,

Matthew Allen, Nathan Gould, James Richards, .john Winthrop. November 30, 1664.

NUMBER XVII. Letter of New-Haven to Connecticut, December 14, 1664.

Honored

WE have been silent hitherto, as to the making of any grievance known unto the king's commissioners, notwithstanding what may be with us of such nature, from the several transactions that have been among us, and are desirous so to continue the managing of these affairs in ways consistent with the ancient confederation of the united colonies, choosing rather to suffer, than to begin any motion hazardful to New-England settlements ; in pursuance whereof (according to our promise to your gentlemen, sent lately to demand our submission, though in a divided if not dividing way, within our towns, severallyseeking to bring us under the government of yourselves already settled, wherein we have had no hand to settle the same, and before we had cleared to our conviction, the certain limits of your charter, which may justly increase the scruple of too much haste in that and former actings upon us) the generality of our undivided people have orderly met this 13th of the tenth month (64) and by the vote endorsed, have prepared for this answer to be given of our submission, which being done by » Old Book, &c. p. 2.

us, then for the accommodation of matters betwixt ns in an amicable way, by a committee impowered to issue with you on their behalf, and in the behalf of all concerned, according to instructions given to the said committee. We never did, nor even do intend to damnify your moral rights or just privileges, consistent with our like honest enjoyments, and we would hope that you have no further step towards us, not to violate our government interest, but to accommodate us with that we shall desire, and the patent bear, as hath been often said you would do; and surely you have the more reason to be full with us herein, seeing that your success for patent bounds with those gentlemen now obtained, seems to be debtor unto our silence before them, when as you thus by single application and audience issued that matter: you thus performing to satisfaction, we may still rest silent, and according to profession, by a studious and cordial endeavour with us to advance the interest of Christ in this wilderness,.and by the Lord's blessing thereupon, love and union between us may be greatly confirmed, and all our comforts enlarged, which is the earnest prayer of, gentlemen, your loving friends and neighbours, the committee, appointed by the freemen and inhabitants of New-Haven rolony, now assembled.

James Bishop, Secretary. New-Haven, Dec. 14, 1664.

NUMBER XVIII.

Letter of Connecticut to Neio-Haven, in ansicer to the preceding letter, December 21s«, 1664.

Hartford, Dec. 21 st, 1664. Honored Gentlemen,

WE have received yours, dated the 14th of this instant, signed by James Bishop, &c. wherein you are pleased to mention your silence hitherto, as to the making any grievance known to his.majesty's commissioners, notwithstanding what may be with you, &c. we can say the same, though we had fair opportunities to present any thing of that nature; as for your desire to manage affairs consistent with the confederation, the present motion will, we hope, upon a candid review, not appear any ways dissonant therefrom ; for besides the provision made in one of the articles of confederation for two colonies uniting in one, there was special provision, as you well know, made at the last session of the commissioners to that purpose conjoined with pathetical advice and counsel, to an amicable union. Our too much forwardness, with New-Haven, &x-i5 sot so clear, seeing those plantations you inhabit arc much a" bout (he center of our patent, which our charter limits, as also the inclosed determination of his majesty's honorable commissioners, will, to your conviction, be apparent; that our success for patent bounds with the king's commissioners is debtor to your silence, seems to us strange, when your noncompliance was so abundantly known to those gentlemen, yea, the news of your motions, when Mr. Joseph Allen was last with you, was at New-York, before our governor's departure thence ; notwithstanding your.silence, and yet so good an issue obtained, we desire such reflections may be buried in perpetual silence, which only yourselves necessitating thereunto, shall revive them, being willing to pursue truth and peace as much as may be with all men, especially with our dear brethren in the fellowship of the gospel, and fellow-members of the same civil corporation, accommodated with so many choice privileges, which we are willing, after all is prepared to your hands, to confer upon you equal with ourselves, which we wish may at last produce the long desired effect of your free and cordial closure with us, not attributing any necessity imposed by us, further than the situation of those plantations in the heart of our colony, and therein the peace of posterity in these parts of the country is necessarily included, and that after so long liberty to present your plea when you have seen meet. Gentlemen, we desire a full answer as speedily as may be, whether those lately empowered, accept to govern according to their commission, if not, other meet persons to govern may by us be empowered in their room ; thus desiring the Lord to unite our hearts and spirits in ways well pleasing in his sight, which is the prayer of your very loving friends, the council of the colony of Connecticut.

Signed by their order, by me,

John Allen, Secretary.

NUMBER XIX.
The final reply of New-Haven to Connecticut.

New-Haven, Jan. 5, 1664-6.
Hoxored Gentlemen,

WHEREAS by yours, dated December 21st, 1664, you please to say, that you did the same as we, not making any grievances known to the commissioners, &c. unto that may be returned, that you had not the same cause so to do from any pretence of injury, by our intermeddling with your colony or government interest, unto which we refer that passage for our expressing desires to manage all our matters in confederacy with the confederation, we hope you will not blame us. Hovr

dissonant or consonant your actings with us have been, we leave to the confederation to judge, as their records may show —that article, which allows two colonies to join, doth also, with others, assert the justness of each colony's distinct rights, until joined to mutual satisfaction, and the provision made in such case the last session, we gainsay not, when the union is so completed, and a new settlement of the confederation, by the respective general courts, accomplished. Their pathetical advice for an amicable union, we wish may be so attended—in order thereunto, we gave you notice of a committee prepared to treat with you, for such an accommodation, unto which you gave us no answer, but instead thereof, sent forth your edict from authority upon us, before our conviction for submission was declared to you. The argument from our intermix! situation, is the same now as it was before our confederating and ever since, and affords no more ground now to disannul the government than before. We might marvel at your strange, why we should think your success should be debtor to our silence, and that because the news of our non-compliance was with the commissioners, as if the mere news of such a thing contained the strength of all we had to say or plead. Gentlemen, we intreat you to consider, that there is more in it than so, yea, that still we have to alledge things of weight, and know where and how, if we chose not rather to abate and suffer, than by striving to hazard the hurting yourselves or the common cause. We scope not at reflections, but conviction and conscience satisfaction, that so brethren in the fellowship of the gospel might come to a cordial and regular closure, and so to walk together in love and peace, to advance Christ his interest among them, which is all our design: But how those high and holy ends are like so to be promoved between us, without a treaty for accommodation we have cause to doubt; yet that we may not fail in the least to perform whatever we have said, we now signify, that having seen the copy of his majesty's commissioners' determination (deciding the bounds betwixt his highness the Duke of York, and Connecticut charter) we do declare submission thereunto according to the true intent of our vote, unto which we refer you. As to that part of yours concerning our magistrates and officers acceptance, their answer is, that they having been chosen by the people hereto such trust and sworn thereunto, for the year ensuing, and until new be orderly chosen, and being again desired -to continue that trust, they shall go on in due observance thereof according to the declaration left with us by Mr. John Allen and Mr. Samuel Sherman, bearing date November 19th, 1664 ; in hopes to find that in a loving treaty for accommodatiug matters to the ends professed by you ; unto which our committee stands rca«Vy -<j attend, upon notice from you; that so truth and peace may be maintained. So shall we not give you further trouble, bul remain, gentlemen, your very loving friends and neighbours, the committee appointed I,y the freemen and inhabitants of New-Haven colony.

Signed per iheir order, per me,

James Bishop, Secretary

NUMBER XX.

Tkt answer of Connecticut to the claim and petition of the Dufcr and Ditchess of Hamilton, March 25<A, 1665.

THE king's commissioners had written to the colony, requesting, " That they might have something in writing to return to the king, concerning the grant of sixty miles square on the eastern side of Connecticut river, to James, Marquis of Hamilton, from- the council of Plymouth in Devon, 1631, and to know in what particulars it was desired, that they should be solicitors to his majesty for the advantage of the colony," which they declared they would cordiaHy endeavour.

In consequence of which the following answer was given. To the Honorable Sir Robert Carr, knight, George Cartwright, Esq. and Samuel Maverick,. Esq. his majesty's honorable commissioners.

IN answer to Duke Hamilton's petition, respecting a grant of land of sixty miles square, on the east side the river Converticu.

1. We are wholly ignorant of any river within the extent of our charter, that is known under such an appellation, and therefore cannot conceive that anji part or tract of land, under ihis government, is concerned in this demand.

2. Yet upon supposition- that it may be conceived to intend Connecticut river, we humbly conceive that the original patent grant, from royal authority to the Lord Say and other nobles and gentlemen, which we purchased at a dear rate, is lately ratified and confirmed by our gracious sovereign, under the broad seal of England (the most absolute and unquestionable security of the English subjects) in which grants the lands forementioned are comprised. The grant to Connecticut was precedent to that of Duke Hamilton's several years, which gives us to conclude, that priority of title will be settled by priority of grant.

3. A considerable tract of this land which the duke's petition refers to (if as before supposed, it be determined Connecticut) was possessed by a people most malignantly spirited against his majesty's English subjects, and at our first settling liorc, when we were weak and few, they grew very insolent against us, making invasion upon us, murdering many of our people, thereby necessitating us to a hazardous undertaking, to cast ourselves into the arms of God's providence, in endeavouring to suppress those bloody heathen ; and through divine benediction we found a good success ; and though that wilderness land would not afford any considerable recompence for the loss of lives and great expenses, yet our peace attained by that conquest did greatly rejoice us.

4. We have had peaceable possession this thirty years, free from the least claim of any other, that we heard of, to this day ; which persuades us that if the duke's highness had ever reason, by virtue of his grant, to make claim, yet that right pre,tended is extinct in law many years since.

.His majesty, our gracious sovereign, was pleased of his ai.unuun! favor and grace, to his subjects of this colony, so far to declare bis free reception of the reasons forementioned, of our purchase made, arid conquest recovered, and likewise of our improvement and .labor bestowed upon those lands, as to insert them as motives .to that late renewal of our charter.

We humbly crave, that as it hath been his majesty's royal pleasure to manifest his iteader affection to, and care of his subjects' welfare in these his colonies of New-England, in sending over his honorable commissioners to compose and issue those things that might be of ill consequence between the several colonies, so likewise that it be well pleasing to his majesty, that this his colony of Connecticut might be freed from further {rouble or inconvenience by this claim, that we understand ,hath been presented by the Marquis Hamilton.

And whereas, your honors are pleased so far to exercise your thoughts about the promotion of the welfare of his majesty's subjects in this his colony, as to vouchsafe us so favorable a tender to be solicitors in our behalf to his majesty our gracious sovereign, in any particulars wherein we may be advantaged, we crave your honors' assistance as followeth.

1. That his majesty would be graciously pleased to silence the claim of Duke Hamilton, if any be by him pretended or presented, to any tract of land lying or being within the precincts of our charter (renewed and established tons by'our royal sovereign) and possessed and improved by several poor people, whose progress in their labors and endeavours for their subsistence (at <he best very mean) will be impeded and obstructed through fear of the event of such claims.

2. Whereas, the colony is at a very low ebb in respect of traffick, and although, out of a respect to our relation to the Km-io-.li nation, and that we might be accounted a people un<der the sovereignty and protection of his majesty the kingo/ England, we presumed to put the name or appellation of NewLondon upon one of our towns, which nature hath furnished with a safe and commodious harbour, though but a poor people, and discapacitated in several respects to promote trafikk ; we humbly crave of our gracious sovereign, that he would be pleased out of his princely bounty, to grant it be a place of free trade for seven, ten, or twelve years, as his royal heart shall incline to confer as a boon upon his poor, yet loyal subjects.

3. We request of your honors, 1. That you will please to represent unto his majesty our allegiance, with our ready ao knowledgment of his princely grace in the late renewal of our charter. 2. His more abundant grace in re-ratifying our privileges both civil and ecclesiastic, in his late gracious letter sent to us by your honors. 3. Our ready compliance with his majesty's royal will and pleasure therein expressed. 4. Our Christian moderation to men of different persuasions. 5. We humbly implore the continuance of the- shines of his royal favor upon our mean beginnings, that so we may flourish under the benign aspect of our JortT the king.*

NUMBER XXI.

The Reverend Mr. John Davenport's resignation of Governor Hopkins''s donation to the general court of New~Haven, May 4th, 1660.

Quod felix faustumque sit!

On the 4th day of the fourth month, 1660, John Davenport, pastor of the church of Christ at New-Haven, presented to thg honorable general court at New-Haven, as followeth; Memorandum,

I. That, sundry years past, it was concluded by the said general court, that a small college, such as the day of small things will permit, should be settled in New-Haven, for the education of youth in good literature, to fit them for public services, in church and commonwealth, as it will appear in die public records.

II. Thereupon, the said John Davenport, wrote unto our honored friend, Edward Hopkins, Esq. then living in London, the result of those consultations. In answer whereunto, the said Edward Hopkins wrote unto the said John Davenport, a letter, dated the 30th of the second month, called April, 165G, beginning with these words,

Most Dear Sir,

The long continued respects I have received from you, but * This is an attested copy, in the old letter book, p. J28, 129, 130.

especially, the speakings of the Lord to my heart, by you, have put me under deep obligations to love and a return of thanks beyond what I have or can express, &c. Then after other passages (which being secrets hinder me from shewing his letters) he added a declaration of his purpose in reference to the college about which I wrote unto him, That which the Lord hath given me in those parts, I ever designed, the greatest part of it, for the furtherance of the work of Christ in those ends of the earth, and if 1 understand that a college is begun, and like to be carried on, at New-Haven, for the good of posterity, I shall give some encouragement thereunto. These are the very words of his letter. But,

III. Before Mr. Hopkins could return an answer to my next letter it pleased God to finish bis days in this world: Therefore, by his last will and testament (as the copy thereof transcribed and attested, by Mr. Thomas Yale, doth shew) he committed the whole trust of disposing his estate in these countries (after some personal legacies were paid out) unto the public uses mentioned, and bequeathed it to our late honored governor, Theophilus Eaton, Esq. his father in law, and to the aforesaid John Davenport, and joined with them, in the same trust, captain John Cullick, and Mr. William Goodwin.

IV. It having pleased the most high to afflict this colony greatly by taking from it to himself, our former ever honored governor, Mr. Eaton, the surviving trustees and legatees met together, to consider what course they should take for the discharge of their trust, and agreed that each of them should have an inventory of the aforesaid testator's estate in New-England, in houses and goods and lands, (which were prized by some in Hartford intrusted by captain Cullick and Mr. Goodwin) and in debts, for the gathering in whereof some attorneys were constituted, empowered and employed by the three surviving trustees, as the writing in the magistrates' hand will shew.

V. Afterwards, at another meeting of the said trustees, they considering that by the will of the dead, they are joined together in one common trust, agreed to act together, with mutual consent, in performance thereof; and considering, that by the will of the testator, two of New-Haven were joined with two of Hartford, and that Mr. Hopkins had declared his purpose to further the college intended at New-Haven, they agreed that one half of that estate which should be gathered in, should be paid unto Mr. Davenport for New-Haven, the other half to captain Cullick and Mr. Goodwin, to be improved for the uses and ends fore noted where they should have power to perform their trust, which, because they would not expect to have at Hartford, they concluded it would be best done by them in that new. plantation unto which sundry of Hartfor

were to remove, and were now gone : yet they agreed that out of the whole 1001. should be given to the college at Cambridge, in the bay ; the estate being 10001. as captain Cullick believed it would be, which we now see cause to doubt, by reason of the sequestrations laid upon that estate, and still continued by the general court at Hartford, whereupon some refuse to pay their debts, and others forsake the purchases they had made, to their great hindrance of performing the will of the deceased, according to the trust committed to them, and to the great endamagement of the estate.

VI. The said John Davenport acquainted the other two trustees with his purpose, to interest the honored magistrates and elders of this colony in the disposal of that part of the estate, that was by their agreement to be paid thereunto, for the promovkig the college work in a.gradual way, for the education of youth in good literature, so far as he might, with preserving in himself, the power committed to him for the discharge of his trust : they consented thereunto. Accordingly, on the election day, it being the 30th day of the third month, he delivered up unto the hands of the honored governor and magistrates the writings that concern this business: (viz. the copy of Mr. Hopkins his last will and testament, and the inventory of his estate in New-England, and the appraisement of his goods, and the writings signed by the surviving trustees for their altornies, and some letters between the other trustees and himself,) adding also his desire of some particulars for the well performing the trust as followeth : .

1. He desireth of New-Haven town,

First, That the rent of the oyster shell fields, formerly separated and reserved for the use and benefit of a college, be paid from this time forward, towards the making of some stock for disbursements of necessary charges towards the college till it be set up, and afterwards to continue for a yearly rent as belonging to it, under the name and title of college land.

Secondly, That if no place can be found more convenient. Mrs. Eldred's lot be given for the use of the college, and ol the colony grammar school, if it be in this town, else only for the college.

Thirdly, That parents will keep such of their sons constantly to learning in the schools, whom they intend to train up for public serviceableness, and that all their sons may learn, at least, to write and cast up accounts competently, and may make some entrance into the latin tongue.

Fourthly, That if the colony settle 401. per annum, for a common school, and shall add 1001. to be paid towards the building or buying of a school house and library in this (own, seeing thereby this town will be freed from the charges which chey have been at hitherto to maintain a town school, they would consider what part of their former salary may be still continued for future supplies towards a stock for necessary expenses about the college or school.

2. He humbly desireth the honored general court of the colony of New-Haven,

First, That the 401. per annum formerly agreed upon, to be paid by the several plantations, for a common grammar school, be now settled in one of the plantations which they shall judge fittest, and that a school master may forthwith be provided to teach the three languages, Latin, Greek, and Hebrew, so far as shall be necessary to prepare them for the college, and that if it can be accomplished, that such a school master be settled by the end of this summer, or the beginning of'winter. The payments from the several plantations may begin from this time.

Secondly, That if the comTxm school be settled in this town, the honored governor, magistrates, elders, and deputies, would solemnly and together visit the grammar school once every year, at the court for elections, to eiamine the scholars' proficiency in learning.

Thirdly, That for the payments to be made by the plantations, for the school, or out of Mr. Hopkins' estate, towards the college, one be chosen by themselves, under the name and title of steward, or receiver, for the schooland college, to whom such payments may be made, with full power given hkn by the court to demand what is due, and to prosecute in case of neglect, and to give acquittances in case of due payments received, and to give his account yearly to the court, and to dispose of what he receiveth in such provisions as cannot be well kept, in the best way for the aforesaid uses according to advice.

^ Fourthly, That unto that end a committee of church members be chosen to meet together and consult and advise, in emergent difficult cases, that may concern the school or college, and which cannot be well delayed till the meeting of the general court, the governor being always the chief of that committee.

Fifthly, The said John Davenport desireth, that while it may please God to continue his life, and abode in this place, (to the end that he may the better perform his trust) in reference to the college,, that he be always consulted in difficult cases, and have the power of a negative vote, to hinder any thing from being acted which he shall prove by good reason to be prejudicial to the true intendmcnt of the testator, and to the true end of this work.

Sixthly, That certain orders be speedily made for th* school, and when the college shall proceed, for it also ; that the education of youth may be carried on suitably to Christ's ends, by the counsel of the teaching elders in this colony; and that what they shall conclude with consent, being approved by the honored magistrates, be ratified by the general court.

Seventhly, Because it is requisite that the writings which concern Mr. Hopkins his estate be safely kept; in order thereunto, the said John Davenport desireth that a convenient chest be made, with two locks and two keys, and be placed in the house of the governor, or of the steward, in some safe room, till a more public place (as a library or the like) may be prepared ; and that one key be in the hands of the governor, the other in the steward's hands. That in this chest all the writings now delivered by him to the magistrates may be kept; and all other bills, bonds, acquittances, orders, or whatsoever writings that may concern this business be put and kept there; and that some place may be agree/! on where the steward or receiver may lay up such provisions as may be paid in, till they may be disposed of for the good of the school or college.

Eighthly, Because our sight is narrow and weak, in viewing and discerning the compass of things that are before us, much more in foreseeing future contingencies, he further craveth liberty for himself and other elders of this colony, to propound to the honored governor and magistrates what hereafter may be found to be conducible to the well carrying on of this trust, according to the ends proposed, and that such proposals may be added unto these, under the name and title of Useful AddiTionals ; and confirmed by the general court.

Lastly, He hopeth he shall not need to add, what he expressed by word of mouth, that the honored general court will not suffer this gift to be lost from the colony, but as it becometh fathers of the commonwealth, will use all good endeavours to get it into their hands, and to assert their right in it for the common good ; that posterity may reap the good fruit of their labors, and wisdom, and faithfulness ; and that Jesus Chribt may have the service and honor of such provision made for his people; in whom I rest.

John Davenport.

NUMBER XXII.

Letter of his majesty king Charles II. to Connecticut, April i0th,

1666.

CHARLES R.

TRUSTY and well beloved, we greet you well, having received so full and satisfactory an. account from one comiaiv

sioners, both of the good reception you have given them, and also of your dutifulness and obedience to us, we cannot but let you know how much we are pleased therewith, judging that respect of yours towards our officers to be the true and natural fruit which demonstrates what fidelity and affection towards us is rooted in your hearts; and although your carriage doth of itself most justly deserve our praise and approbation, yet it seems to be set off with the more lustre by the contrary deportment of the colony of the Massachusetts, as if by their refractoriness they had designed to recommend and heighten the merit of your compliance with our directions, for the peaceable and good government of our subjects in those parts: you may therefore assure yourselves that we shall never be unmindful of this your loyal and dutiful behaviour, but shall, upon all occasions, take notice of it to your advantage, promising you our constant protection and royal favor, in all things that may concern your safety, peace and welfare; and so we bid you farewell. Given at our court, at Whitehall, the 10th day of April, 1666, in the eighteenth year of our reign. By his majesty's command,

William Morrice. Supercribed to our trusty and well beloved,

the governor and council of the colony of

Connecticut, in New-England.

NUMBER XXIII.

An address taking William, June 13th, 1689.

To the king's most excellent majesty. The humble address of your majesty's dutiful and loyal sub

jectSi the governor and company of your majesty's colony of

Connecticut, in New-England.
Great Sovereign,

GREAT was that day, when the Lord, who sitteth upon, the floods, and sitteth king forever, did divide his and your adversaries from one another, like the waters of Jordan forced to stand upon aii heap, and did begin to magnify you like Joshua, in the sight of all Israel, by those great actions that were so much for the honor of God, and the deliverance of the English dominions from popery and slavery, and all this separated from those sorrows that usually attend the introducing of a peaceable settlement in any troubled state; all which doth affect us with the sense of our duty to return the highest praise unto the King of Kings, and Lord of Hosts, and bless Him, who hath delighted in you, to sit you on the throne of his Israel, and to say because the Lord loved Israel forever, there' fore hath he made you king to do justice and judgment, Sec, also humble and hearty acknowledgment for .that great zeal, that by your majesty hath been expressed in those hazards, you have put your royal person to, and in the expense of so threat treasure in the defence of the protcstant interest. In the consideration of all which, we, your majesty's dutiful and Joy;il subjects of your said colony, are encouraged humbly to intimate that we, with much favor, obtained a charter of king Charles the II. of happy memory, bearing date April 23d, 1662, in the 14th year of his reign, granted to the governor and company of his majesty's colony of Connecticut, the advantages and privileges whereof made us indeed a very happy people, and by the blessing of God upon our endeavours, we have made a considerable improvement of your dominious h*re; which, with the defence of ourselves from the force ol boih foreign and intestine enemies, has cost u» much expense of treasure and blood; yet in the second year of the reign o! his late majesty king James the II. we had a quo-warranto served upon us by Edward Randolph, requiring our appearance before his majesty's court, in England ; and although the time of our appearance was elapsed before the serving the said quoviarranto, yet we humbly petitioned his majesty for his favor, and the continuance of our charter, with the privileges thereof; but we received no other favor but a second quo-icarranto, and we well observing that the charter of London, and other considerable cities in England were condemned, and that the charter of the Massachusetts had undergone the like fate, plainly saw what we might expect, yet we not judging it good or lawful to be active in surrendering what had cost us so dear,, nor to be altogether silent, we empowered an attorney to appear on our behalf, and to prefer our humble address to his majesty, to entreat his favor quickly upon it; but as Sir Edmond Andross informed us ho was impowered by his majesty to regain the surrender of our charter, if we saw meet so to do, and to take ourselves under his government; also colonel Thomas Dungan, his majesty's governor of New-York, labored to gain us over to his government: we withstood all these motions, and in our reiterated addresses, we petitioned his majesty to continue us in the full and free enjoyment of our liberties and property, civil and sacred, according to our charter. We also petitioned, that if his majesty should not see meet to continue us as we were, but was resolved to annex us to some other government, we then desired, that (in as much as Boston had been our old correspondents, and people whose principles and manners we had been acquainted with) we might be annexed rather to Sir Edmund Andross his government, than to colonel Dungan's, which choice of ours was

taken for a resignation of our government, though that was never intended by us for such, nor had it the formalities in law to make it a resignation, as we humbly conceive, yet Sir Edmund Andross was commissioned, by his majesty, to take us under his government; pursuant to which about the end of October, 1687, he with a company of gentlemen and grenadiers, to the number of sixty or upwards came to Hartford (the chief seat of this government) caused his commission to be read and declared our government to be dissolved, and put into commission, both civil and military officers through our colony, as he pleased, where he passed through the principal parts thereoL The good people of the colony, though they were under a great sense of the injuries they sustained hereby, yet chose rather to be silent and patient than to oppose, being indeed surprised into an involuntary submission to an arbitary power, but when the government we were thus put under, seemed to us, to be determined, and we being in daily fear and hazard of those many inconveniences, that will arise from a people in want of government, being also in continual danger of our lives by reason of the natives being at war with us, with whom we had just fears of our neighbouring French to join, not receiving any order or direction what method to take for our security, we were necessitated to put ourselves into some form of government, and there being none so familiar to us as that of our charter, nor what we could make so effectual for the gaining the universal compliance of the people, and having never received any intimation of an enrolment of that, which was interpreted a resignation of our charter, we have presumed, by the consent of the major part of the freemen, assembled for that end, May 9th, 1689, to resume our government, according to the rules of our charter, and this to continue till further order, yet as we have thus presumed to dispose ourselves, not waiting orders from your majesty, we humbly submit ourselves herein, intreating your majesty's most gracious pardon, and that what our urgent necessity hath put upon us, may no ways interrupt your majesty's grace and favor towards us, your most humble and dutiful .subjccts, but that in your clemency you would be pleased to grant us such directions as to your princely wisdom may seem meet, with such ratifications and confirmations of our charter, in the full and free enjoyment of all our properties, privileges, and liberties both civil and sacred, as therein granted to us, by your royal predecessor, king Charles the II. which may yet further insure it an inheritance to us and our posterities after us, with what farther grace and favor your royal and enlarged heart may be moved to confer upon us; which, we trust, we shall not forget nor be unprofitable under; but as we have this day with the greatest expressions of joy, proclaimed your majesty and royal consort king and queen of England, France, and Ireland, with the dominions thereto belonging, so we shall ever pray, that God would grant your majesties long to live, and prosperously to reign over all your dominions, and that great and happy work you have begun may be prospered here and graciously rewarded with a crown of glory hereafter.

Robert Treat, Governor. Per order of the general couct of Connecticut, signed,

John Allen, Secretary.

NUMBER XXIV.

Letter to governor Lcis/er, requiring the release of major-general Wmthrop,fyc. September 1st, 1690.

Hartford, Sept. 1st, 1690. Honorable Sir,

BY an express from our captains, at Albany, of the 27th August last, we are certified, that major-general Winthrop is made a prisoner, and that on our officers' request to the commander of the fort for his liberty to officiate in the army, yourself being present at Albany, their answer was, that if they would speak with the general, they might go to York; also that our commissary is under restraint; these are very unexpected and surprising as well as grievous tidings to us, and put us upoa signifying to you, that it was upon a certain knowledge of major Winthrop's fidelity, prudence, and valor, that we did solicit Jiim to undertake this service, and used our interest in the Massachusetts gentlemen to prevail with him therein, who having the same confidence in his virtues did so, and we thereon recommended him to you, who gave us to understand as great a value of him, and therefore desired his acceptance, which his honor accepting, though he were worthy of a tenfold greater command, he waited on you and his country ; sir, these things are so radicated in all New-England, that your thus dealing cannot raise a jealousy in us of any thing unworthy so generous a soul, as is this gentleman, and though in honor to you, in your present capacity, we will suspend any censures which we might make on your unadvisedness in this action, yet we must in justice remember you of that article concluded by the commissioners at York, whereof you were one, namely, what was referred to the commander in chief and his council of war, which you in particular are not to overrule; if the return from Wood Creek, done by a council of war, be the matter which offends you, as it is generally said to be, consider how far that article, and the reason it is grounded on, lead to it; aIso, that the army being confederate, if you be concerned so are we, and the rest, and that you alone should judge upon the general's and council of war's actions, will infringe our liberty ; but that which is worst in event is, that such actions will render our friendly correspondence too weak, to join in future attempts, which we may have but too much occasion for; for if our sending our best frierid.s to join with you, prove a pitfall to them, it will necessitate our future forbearance, whatever the consequence be.

Ana sir, you necessitate us to tell you, that a prison is not a catholicon for all state maladies, though so much used by you, nor are you incapable of need of, nor aid from their majesty's subjects in New-England ; nor could you in any one action have more disobliged all New-England, and if you shall proceed in this way, you will certainly put all that gentleman's friends on his vindication, be the matter controverted what it will, he is of such estate and repute, as could not shun a just trial, and if your adherence to Mr. Milborn (whose spirit we have sufficient testimony of,) and other emulators of the major's honor, be greater than to ourselves and the gentlemen of the bay, you may boast of the exchange, by what profit you find. Sir, you cannot expect but we shall be warm with, these matters, unless you prevent us by a timely and honorable release of the major, which is the thing we advise unto, and desire to hear from you with all speed, what our expectations may be on this account. We are giving account of this matter to the governor and council of Massachusetts, it is justly expected that your declaration to us all of the grounds of this your action, should have been as forward as the thing itself. We also move you to set our commissary at liberty, since he is of such use to our soldiers as he cannot be spared.

NUMBER XXV.

The determination of the king, in council, relative to the militia of Connecticut, April 19th, 1694.

A PETITION having been presented to his majesty, by major-general Fitz John Winthrop, agent for the English colony of Connecticut, in New-England, in America, in behalf of the said colony, by the name of the governor and company of the English colony of Connecticut, in New-England, in America, setting forth, that the petitioners by letters patents, under the great seal of England, in the fourteenth year of the reign of the late king Charles the second, were incorporated by the name; of the governor and company of the English colony of Connecticut, in America, with powers as well for the civil administra tion of affairs, as the lieutenancy for the ordering, arraying, modelling, and conducting the militia, for the special defence of the colony ; that from the date of the said grant, until the month of October last, they have enjoyed the said liberties and privileges, without forfeiture or molestation, except some interruption they received in the reign of king James the second; that colonel Fletcher, governor of New-York, in October last, by color of his majesty's commission, whereby for the univjng the forces of the said province and colony, he was created commander in chief of the militia of the said colony, did demand ot the petitioners not only to submit to him, as lieutenant general and commander in chief over the full quota of the militia of that colony, in conjunction with those of New-York and the adjacent governments, but likewise the particular lieutenancy of thr said colony and the power of assessing, modelling, and esta' * iiing the militia thereof, the petitioners therefore humbly praying the said commission may receive such explanation and restriction, as to his majesty in his royal justice and wisdom shall seem meet; and his majesty having been pleased to refer the said petition to the right honorable the lords of the committee of trade and plantations to consider (he matter of the said petition, and to report what they conceive fit for his majesty to do therein; and the lords of the committee having received the report of their majesty's attorney general and solicitor general upon the matter of the said petition, together with the address of the colony of Rhode-Island, and touching the uniting the strength of those colonies against the French, which report is in the words following,

May it please your lordships,

In obedience to your lordship's commands fignified to us by Mr. Blathwait, the 2d of January and the 3d of February last, by which we were to consider the several charters of Connecticut and Rhode-Island, and the grants of east and west NewJersey, and to report our opinion upon the whole matter what may be done for the uniting the strength of those colonies and New-York under a chief commander, to be commissioned by their majesties, for the defence of their majesty's subjects in those parts against the French, and also to consider the annexed copy of the petition of the governor and company of Connecticut, and to report our opinion thereupon, we have considered the matter to us referred, and do find that king Charles the II. by his charter, dated the 23d of April, in the 14th year of his reign, did incorporate John Winthrop, and several other persons therein named and all others who then were or after should be admitted and made free pf the company, to be a corporation by the name of the governor and company of the English colony of Connecticut in New-Englaud a\ America, with such powers, privileges and capacities, as are usually granted to corporations of like nature, and to have continuance and succession forever, and therein the bounds of the colony are described and a grant thereby made to the corporation of all land, soil, ground, havens, ports, jurisdictions, . royalties, privileges, franchises and hereditaments, within the same or thereunto belonging, To Be Holden to the corporation and their successors in trust for the benefit of themselves and their associates, freemen of that colony, their heirs and assigns of the kings of England, as of the manor of East-Greenwich, by the 5th part of the ore of gold and silver there found, with power to the corporation to make laws, elect governors, deputy governors and assistants, erect judicatures and courts, and choose officers for the civil government, and thereby also power is granted to the chief commanders, governors and officers of the company and others inhabiting there, by their leave or direction for their special defence and safety, to assemble, martially array and put in warlike posture the inhabitants of the colony, and to commission such persons as they should think fit to lead and conduct the inhabitants, and to encounter, resist, kill and slay ail that should attempt or interpose the invasion or annoyance of the inhabitants or plantations, and to exercise martial laws and take and surprise the invaders orattemptors of the plantation or hurt of the company and inhabitants, and, on just occasion, to invade and destroy the natives or other enemies of the colony.

We also find that king Charles the II. in the 15th year of his reign did incorporate divers persons by name, and such others as then were, or after should be admitted and free of the company by the name of the governor and company of the English colony of Rhode-Island and Providence plantation, in NewEngland in America, and granted them in effect the like powers and authorities both civil and military, as are before mentioned to be granted to Connecticut.

We find that the civil government, in those plantations or colonies, executed the military powers conferred by the charters ; but that their majesties, in the third year of their reign, by their commission, constituted Sir William Phipps, lieutennnt and commander in chief of the militia and of the forces by sea and land within the colonies of Connecticut, Rhode-Island and Providence plantation, king's province and province of New-Hampshire, and all lorts and places of strength in the some with several powers and authorities, and that their majesties by their commission under the great seal, dated the 10th of June, 1603, revoked so much of Sir William Phipps his commission and powers, as related to the colony of Connecticut, and by the same commission constituted JJenjaiain Fletcb

er, Esq. their majesty's captain general and commander in chief of New-York, Pennsylvania, New-Castle, and the territories and tracts of land depending thereupon, to be the commander iu chief of the militia and of all the forces by sea and land within the colony of Connecticut and of all forts and places of strength within the same, with power to levy, arm, muster, command, or employ the militia of the said colony, and upon any necessary and urgent occasion, during this war, to transfer to the province of New-York, and frontiers of the same, for resisting and withstanding enemies, pirates and rebels, both at land and sea, and defence of that province and colony, of which commission and the large powers therein contained as to Connecticut, the colony of Connecticut by their annexed petition do complain and pray redress against the exercise of it, in such manner over the whole militia, and therein shew their reasons against it. We have heard colonel Winthrop and his council, on the behalf of the colony of Connecticut, and Mr. Almey and his council, on the behalf of Rhode-Island and Providence plantation, and Dr. Cox appeared on the behalf of east and west New-Jersey, and produced some writings, shewing how the same were granted out from the crown to the duke of York, and by the duke of York to others, but the Dr. not claiming any title to himself it doth not appear to us in whom the estate in law of those places or of the government thereof, civil or military, doth now reside, nor how the same is exercised. But having read the annexed estimate from Mr. Blathwait, we communicated the same to the agents for Connecticut, Rhode-Island and Providence plantation, who declared their readiness during times of danger to provide their respective quotas therein contained, and in case of increase of danger, or other necessary occasions, daring the continuance thereof, their respective quotas to be proportionably increased with other colonies ; but as to the remaining militia beyond the quotas (which it seems in those countries consists of all males between sixteen and sixty years of age) they humbly desire that it may remain under the ordinary and usual government and command of the colonies according to their charters, and not to be commanded out, unless in times of actual invasion or imminent danger, for the necessary preservation of some of the colonies, and at such times only when such of the colonies whereout the forces shall be drawn, are not in danger, and that at all times a sufficient power of the militia may be always kept in each colony under the power of the government of it, for the safety and necessary preservation thereof.

We arc humbly of opinion that the charters and grants of those colonies do give the ordinary power of the militia to the respective governments thereof; hut do also conceive that their majesties may constitute a chief commander, who may have authority, at all times, to command or order such proportion of the forces of such colony or plantation, as their majesties shall think fit; and farther, in times of invasion and approach of the enemy, with the advice and assistance of the governors of the colonies, to conduct and command the rest of the forces for the preservation and defence of such of those colonies as shall most stand in need thereof, not leaving the rest unprovided of a competent force for their defence and safety ; but in time of peace, and when the danger is over, the militia within each of the said provinces ought, as we humbly conceive, to be under the government and dispositions of the respective governors of the said colonies, according to their charters.

All which, nevertheless, is most humbly submitted to your lordships' great wisdom.

Edward Ward,
Thomas Treves.

2d April, 1694.

And the lords of the committee having presented to his majesty's council the report of Mr. attorney and Mr. solicitor general upon the matters above mentioned, his majesty, in council, is pleased to approve the said report, and to signify his pleasure, that the quota, not exceeding one hundred and twenty men, be the measure of the assistance to be given by the colony of Connecticut, and all times during war to be commanded by the governor of New-York; and the right hon>orable Sir John Trenchard, his majesty's principal secretary of state, is to prepare letters for his majesty's royal signature, for the signification of his majesty's pleasure herein to the governor of New-York and Connecticut accordingly.

William Bridgeman.

NUMBER XXVI.

THE GREAT PATENT OF NEW-ENGLAND.

JAMES, by the grace of God, King of England, Scotland. France, and Ireland, Defender of the Faith, #c.

TO all to whom these presents shall come, greeting:— Whereas, upon the humble petition of divers of our well disposed subjects, that intended to make several plantations in the parts of America, between the degrees of thirty-four and forty-five, We, according to our princely inclination, favouring much their worthy disposition, in hope thereby to advance the enlargement of the Christian religion, to the glory of God Almighty, as also by that means to stretch out the bounds of our dominions, and to replenish those deserts with people, governed by laws and magistrates, for the more peaceable commerce of all that in time to come shall have occasion to traffic into those territories, granted unto Sir Thomas Gates, Sir George Summers, knights, Thomas Hamon, and Raleigh Gilbert, Esquires, and others their associates, for the more speedy accomplishment thereof, by our letters patents, bearing date the 10th day of April, in the fourth year of our reign of England, France, and Ireland, and of Scotland the fortieth, free liberty to divide themselves into two several colonies; the one called the first colony, to be undertaken and advanced by certain knights, gentlemen, and merchants, in and about our city of London ; the other, called the second colony, to be undertaken and advanced by certain knights, gentlemen, merchants, and their associates, in or about our cities of Bristol, Exon, and our town of Plymouth, and other places, as in and by our said letters patents, amongst other things more at large, it doth and may appear.

And whereas, since that time, upon the humble petition of the said adventurers and planters of the said first colony, we have been graciously pleased to make them one distinct and entire body by themselves, giving unto them their distinct limits and bounds:

And have, upon their like humble request, granted unto them divers liberties, privileges, enlargements, and immum

ties, as in and by our several letters patents, it doth and may more at large appear.

Now forasmuch as we have been, in like manner, humbly petitioned unto by our trusty and well beloved servant, Sir Ferdinando Gorges, knight, captain of our fort and island, by Plymouth, and by certain the principal knights and gentlemen adventurers of the said second colony, and by divers other persons of quality, who now intend to be iheir associates, divers of which have been at great and extraordinary charges, and sustained many losses, in seeking and discovering a place fit and convenient to lay the foundation of a hopeful plantation, and have, divers years past, by God's assistance, and their own endeavours, taken actual possession of the continent hereafter mentioned, in our name, and to our use, as sovereign lord thereof, and have settled already some of our people m places agreeable to their desires in those parts, and in confidence of prosperous success therein, by the continuance of God's divine blessing, and our royal permission, have resolved, jn a more plentiful and effectual manner, to prosecute the same; and to that purpose and intent, have desired of us, for their better encouragement and satisfaction therein, and that they may avoid all confusion, questions, or differences between themselves and those of the said first colony, that we would likewise be graciously pleased to make certain adventurers, intending to erect and establish fishery, trade, and plantation, within the territories, precincts, and limits of the said second colony, and their successors, one several distinct and entire body, and to grant unto them such estate, liberties, privileges, enlargements, and immunities there, as are in those, our letters patents, hereafter particularly expressed and declared.

And forasmuch as we have been certainly given to understand, by divers of our good subjects, that have, for these many years past, frequented those coasts and territories between the degrees of forty and forty-eight, that there is no other the subjects of any christian king or state, by any authority from their sovereign lords or princes, actually in possession of any the said lands or precincts, whereby any right, claim, interest, or title, may, might, or ought, by that means accrue, belong, or appertain unto them, or any of them.

And also, for that we have been further given certainly to know, that within these late years, there hath, by God's visitation, reigned a wonderful plague, together with many horrible slaughters and murders, committed amongst the savages and British people there heretofore inhabiting, in a manner to the utter destruction, devastation, and depopulation of that whole territory, so as there is not left, for many leagues together, in * manner, any that do claim or challenge any kind of interest therein, nor any other superior lord or sovereign, to make claim thereunto, whereby we, in our judgment, are persuaded and satisfied, that the appointed time is come in which Almighty God, in his great goodness and bounty towards us, and our people, hath thought fit and determined, that those large and goodjy territories, deserted as it were by their natural inhabitants, should be possessed and enjoyed by such of our subjects and people, as heretofore have, and hereafter shall, by his mercy and favour, and by his powerful arm, be directed and conducted thither; in the contemplation and serious consideration whereof, we have thought -it fit, according to our kingly duty, so much as in us lieth, to second and follow God's sacred will, rendering reverend thanks to his Divine Majesty, for his gracious favour in laying open and revealing the same unto us. before any other christian prince or state; by which means, without offence, and, as we trust, to his glory, we may with boldness go on to the settling of so hopeful a work, which tendeth to the reducing and conversion of such savages as remain wandering in desolation and distress, to civil society and christian religion, to the enlargement of our Own dominions, and the advancement of the fortunes of such of our good subjects as shall willingly interest themselves in the said employment, to whom we cannot but give singular commendations for their so worthy intention and enterprise.

We, therefore, of our special grace, mere motion, and certain knowledge, by the advice of the lords and others of our privy council, have, for us, our heirs, and successors, granted, ordained, and established, and, in and by these presents, do, for us, our heirs, and successors, grant, ordain, and establish, that all that circuit, continent, precincts, and limits, in America, lying and being in breadth from forty degrees of northerly latitude from the equinoctial line, to forty-eight degrees of the said northerly latitude, and in length by all the breadth aforesaid, throughout the main land, from sea to sea, with all the seas, rivers, islands, creeks, inlets, ports, and havens, within the degrees, precincts, and limits of the said latitude and longitude, shall be the limits, and bounds, and precincts of the said second colony.

And to the end that the said territories may for ever hereafter be more particularly and certainly known and distinguished, our will and pleasure is, that the same shall, from henceforth, be nominated, termed, and called by the name of New-England, in America, and by that name of New-England, in America, the said circuit, precinct, limit, continent, islands, and places in America aforesaid, we do, by these presents, for us, our heirs, and successors, name, call, erect, found, and, establish, and by that name to have continuance for eveir,

And for the better plantation, ruling, and governing of the aforesaid New-England, in America, we will, ordain, constitute, assign, limit, and appoint, and for us, our heirs, and successors, we, by the advice of the lords, and others of the said privy council, do, by these presents, ordain, constitute, limit, and appoint, that from henceforth there shall be for ever hereafter, in our town of Plymouth, in the county of Devon, one body politic and corporate, which shall have perpetual succession ; which shall consist of the number of forty persons, and no more; which shall be, and shall be called and known by the name of the council established at Plymouth, in the county of Devon, for the planting, ruling, ordering, and governing of New-England, in America, and for that purpose, we have, at and by the nomination and request of the said petitioners, granted, ordained, established, and confirmed, and, by these presents, for us, our heirs, and successors, do grant, ordain, establish, and confirm our right trusty and right well beloved cousins and counsellors, Lodowick, duke of Lenox, lord steward of our household; George, lord Marquis Buckingham, our high admiral of England; James, marquis Hamiliton; William, earl of Pembroke, lord chamberlain of our household; Thomas, earl of Arundel; and our right trusty and right well beloved cousin, William, earl of Bath; and our right trusty and right well beloved cousin and counsellor, Henry, earl of Southampton ; and our right trusty and right well beloved cousins, William, earl of Salisbury, and Robert, earl of Warwick ; and our right trusty and right well beloved John, viscount Haddington; and our right trusty and well beloved counsellor, Edward, lord Zouch, lord warden of our cinque ports; and our trusty and well beloved Edmond, lord Sheffield, Edward, lord Gorges; and our weir beloved Sir Edward Seymor, knight and baronet; Sir Robert Mansel; Sir Edward Zouch, our knight marshal; Sir Dudley Diggs, Sir Thomas Roe, Sir FerdinandoGorges, Sir Francis Popham, Sir John Brooks, Sir Thomas Gates, Sir Richard Hawkins, Sir Richard Edgecomb, Sir Allen Apsley, Sir Warwick Heale, Sir Richard Catchmay, Sir John Bourgchier, Sir Nathaniel Rich, Sir Edward Giles, Sir Giles Mompesson, Sir Thomas Worth, knights; and our well beloved Matthew Sutcliff, dean of Exeter; Robert Heath, Esq. recorder of our city of London; Henry Bourgchier, John Drake, Raleigh Gilbert, George Chudley, Thomas Hamon, and John Argall, Esquires, to be, and in and by these presents, we do appoint them to be, the first modern and present council, established at Plymouth, in the county of Devon, for the planting, ruling, ordering, and governing of New-England, in America; and that they, and the survivors of them, and ?uch as the survivors and survivor of them shall, from time to time, elect and choose to make up the foresaid number of forty persons, when and as often as any of them, or any of their successors, shall happen to decease, or to be removed from being of the said council, shall be, in and by these presents, incorporated, to have a perpetual succession for ever, in deed, fact, and name, and shall be one body corporate and politic; and that those, and such said persons, and their successors, and such as shall be elected and chosen to succeed them, as aforesaid, shall be, and, by these presents, are and bn incorporated, named, and called by the name of the council established at Plymouth, in the county of Devon, for the planting, ruling, and governing of New-England, in America-, and them, the said duke of Lenox, marquis Buckingham, marquis Hamilton, earl of Pembroke, carl of Arundel, earl of Bath, earl of Southampton, earl of Salisbury, earl of Warwick, viscount Haddington, lord Zouch, lord Sheffield, lord Gorges, Sir Edward Seymor, Sir Robert Mansel, Sir Edward Zouch, Sir Dudley Diggs, Sir Thomas Roe, Sir Ferdinando Gorges, Sir Francis Popham, Sir John. Brooks, Sir Thomas Gates, Sir Richard Hawkins, Sir Richard Edgecomb, Sir Allen Apsley, Sir Warwick Heale, Sir Richard Catchmay, Sir John Bourgchier, Sir Nathaniel Rich, Sir Edward Giles, Sir Giles Mompesson, Sir Thomas Worth, knights; Matthew Sutcliff, Robert Heath, Henry Bourgchier, John Drake, Raleigh Gilbert, George Chudley, Thomas Hamon, and John Argalf, Esquires, and their successor*, one body corporate and politic, in deed and in name, by the name of the council established at Plymouth, in the county of Devon, foe the planting, ruling, and governing of New-England, in America.

We do, by these presents, for us, ogr heirs, and successors, really and fully incorporate, erect, ordain, name, constitute, and establish, and that, by the same name of the said council, they, and their successors, for ever hereafter be incorporated, named, and called, and shall, by the same name, have perpetual succession.

And further, we do hereby, for us, our heirs, and successors, grant unto the said council established at Plymouth, that they, and their successors, by the same name, be, and shall be, and shall continue persons able and capable in the law, from time to time, and shall, by that name of council aforesaid, have full power and authority, and lawful capacity and ability, as well to purchase, take, hold, receive, enjoy, and to have to them and their successors, for ever, any manors, lands, tenements, rents, royalties, privileges, immunities, reversions, annuities, hereditaments, goods, and chattels whatsoever, of, or from us, our heirs, and successors, and of, or from any other person or persons whatsoever, as well in and within this our realm of England, as in and within any other place or places whatsbevcr or wheresoever; and the same manors, lands, tenements-, and hereditaments, goods, or chattels, or any of them, by the same name, to alien and sell, or to do, execute, or ordain and perform all other matters and things whatsoever, to the said incorporation and plantation concerning and belonging.

And further, our will and pleasure is, that the said council, for the time being, and their successors, shall have full power and lawful authority, by the name aforesaid, to sue and to be sued, implead and to be impleaded, answer and to be answered unto, in all manner of courts and places that now are, or hereafter shall be, within this our realm, and elsewhere, as well temporal as spiritual, in all manner of suits and matters whatsoever, and of what nature or kind soever such suits or actions be or shall be

And our will and pleasure is, that the said forty persons, or the greater number of them, shall, and may, from time to time, and at any time hereafter, at their own will and pleasure, according to the laws, ordinances, and orders of, or by them, or by the greater part of them hereafter, in manner and form in these presents mentioned to be agreed upon, to elect and choose, amongst themselves, one of the said forty persons, for the time being, to be president of the said council, which president, so elected and chosen, we will shall continue and be president of the said council, for so long time as by the orders of the said council, from time to time to be made, as hereafter is mentioned, shall be thought fit, and no longer; unto which president, or, in his absence, to any such person as, by the orders of the said council, shall be thereunto appointed, we do give authority to give order for the warning of the said council, and summoning the company to their meetings.

And our will and pleasure is, that, from time to time, when, and so often as any of the said council shall happen to decease, or to be removed from being of the said council, that then, and so often, the survivors of them of the said council, and no other, or the greater number of them, who then shall be, from time to time, left and remaining, and who shall, or the greater number of which that shall be assembled at a public court, or meeting, to be held for the said company, shall elect and choose one or more other person or persons, to be of the said council, and which, from time to time, shall be of the said council, so that the number of forty persons of the said council may, from time to time, be supplied.

Provided always, that as well the persons herein named to be of the said council, as every other counsellor hereafter to bo elected, shall be presented to the lord chancellor ot" England, or to the lord high treasurer of England, or to the

chamberlain of the household, of us, our heirs, and successors, for the time being, to take his and their oath and oaths, of a counsellor and counsellors, to us, our heirs, and successors, for the said company and colony in New-England.

And further, we will and grant, by these presents, for us, our heirs, and successors, unto the said council, and their successors, that they, and their successors, shall have and enjoy for ever, a common seal, to be engraven according to their discretions.

And that it shall be lawful for them to appoint what other seal, or seals, they shall think most meet and necessary, either for their use, as they are one united body, incorporate here, or for the public use of their government and ministers in NewEngland aforesaid, whereby the said incorporation may or shall seal any manner of instrument, touching the same corporation, and the manors, lands, tenements, rents, reversions, annuities, hereditaments, goods, chattels, affairs, and any other things, belonging unto, or in any wise appertaining, touching or concerning the said council, and their successors, or concerning the said corporation and plantation, in and by these our letters patents, as aforesaid, founded, erected, and established.

And we do further, by these presents, for us, our heirs, and successors, grant unto the said council, and their successors, that it shall and may be lawful to and for the said council, and their successors, for the time being, in their discretions, from time to time, to admit such and so many person and persons to be made free, and enabled to trade and traffic unto, within, and in New-England, aforesaid, and unto every part and parcel thereof, or to have, possess, and enjoy any lands or hereditaments in New-England aforesaid, as they shall think fit, according to the laws, orders, constitutions, and ordinances, by the said council and their successors, from time to time, to be made and established, by virtue of, and according to the true intent of these presents, and under such conditions, reservations, and agreements, as the said council shall set down, order, and direct, and not otherwise.

And further, of our especial grace, certain knowledge, and mere motion, for us, our heirs, and successors, we do, by these presents, give and grant full power and authority to the said council, and their successors, that the said council, for the time being, or the greater part of them, shall and may, from time to time, nominate, make, constitute, ordain, and confirm, by such name or names, style or styles, as to them shall seem good, and, likewise, to revoke and discharge, change and alter, as well all and singular, governors, officers, and ministers, which hereafter shall be by them thought fit and needful to be made or used, as well to attend the business of the said company here, as for the government of the said colony and plantation.

And also, to make, ordain, and establish all manner of orders, laws, directions, instructions, forms, and ceremonies of government and magistracy, fit and necessary for and concerning the government of the said colony and plantation, so always as the same be not contrary to the laws and statutes of this our realm of England, and the same at all times hereafter, to abrogate, revoke, or change, not only within the precincts of the said colony, but also upon the seas, in going and coming to and from the said colony, as they, in their good discretion, shall think to be fittest for the good of the adventurers and inhabitants there.

And we do further, of our special grace, certain knowledge, and mere motion, grant, declare, and ordain, that such principal governor as, from time to time, shall be authorized and appointed, in manner and form in these presents heretofore expressed, shall have full power and authority to use and exercise martial laws, in cases of rebellion, insurrection, and mutiny, in as large and ample manner, as our lieutenants in our counties within our realm of England, have, or ought to have, by force of their commission of lieutenancy.

And forasmuch as it shall be necessary for all such our loving subjects as shall inhabit within the said precincts of NewEngland aforesaid, to determine to live together, in the fear and true worship of Almighty God, christian peace, and civil quietness, each with other, whereby every one may, with more safety, pleasure, and profit, enjoy that, whereunto they shall attain with great pain and peril.

We, for us, our heirs, and successors, are likewise pleased and contented, and, by these presents, do give and grant unto the said council, and their successors, and to such governors, officers, and ministers, as shall be, by the said council, constituted and appointed according to the natures and limits of their offices and places respectively, that they, shall and may, from time to time, for ever hereafter, within the said precincts of New-England, or in the way by the seas thither and from thence, have full and absolute power and authority to correct, punish, pardon, govern, and rule all such the subjects of us, our heirs, and successors, as shall, from time to time, adventure themselves in any voyage thither, or that shall, at any time hereafter, inhabit in the precincts and territories of the said colony as aforesaid, according to such laws, orders, ordinances, directions, and instructions, as by the said council aforesaid, shall be established; and, in defect thereof, in cases of necessity, according to the good discretions of the said gov"rnors ami officers respectively, as well in cases capit^' and

criminal as civil, both marine and others; so always ag the said statutes, ordinances, and proceedings, as near as conveniently may be agreeable to the laws, statutes, government, and policy of this our realm of England.

And furthermore, if any person, or persons, adventurers, or planters, of the said colony, or any other, at any time or times hereafter, shall transport any monies, goods, or merchandizes, 'out of any our kingdoms, with a pretence and purpose to land, set, or otherwise to dispose the same, within the limits and bounds of the said colony, and yet, nevertheless, being at sea, or after be hath landed within any part of the said colony, shall carry the same into any other foreign country, with a purpose there to set and dispose thereof, that then all tht goods and chattels of the said person, or persons, so offending, and transported, together with the ship or vessel wherein such transportation was made, shall be forfeited to us, our heirs, and successors.

And we do further, of our special grace, certain knowledge, and mere motion, for us, our heirs, and successors, for, and in respect of the considerations aforesaid, and for divers other good causes and considerations, us thereunto especially moving, and by the advice of the lords and others of our said privy council, have absolutely given, granted, and confirmed, and, by these presents, do absolutely give, grant, and confirm, unto the said council, called the council established at Plymouth, in the county of Devon, for the planting, ruling, and governing of New-England, in America, and unto their successors, for ever, all the aforesaid lands and grounds, continent, precincts, place, places, and territories, (viz.) the aforesaid part of America, tying and being in breadth from forty degrees of northerly latitude from the equinoctial line, to forty-eight degrees of the said northerly latitude inclusively, and in length of, and within all the breadth aforesaid, throughout the main land, from sea to sea, together also with all the firm land, soils, grounds, havens, ports, rivers, waters, fishings, mines, and minerals, as well royal mines of gold and silver, as other mines and minerals, precious stones, quarries, and all and singular other commodities, jurisdictions, royalties, privileges, franchises, and pre-eminences, both within the said tract of land, upon the main, and also within the said island and seas adjoining.

Provided always, that the said islands, or any the premises herein before mentioned, and, by these presents, intended and meant to be granted, be not actually possessed, or inhabited by any other Christian prince or state, nor be within the bounds, limits, or territories ol that southern colony, heretofore, by us, granted to be planted by divers of our loving subjects in the south parts.

To have and to hold, possess, and enjoy all and singular the aforesaid continent, lands, territories, islands, hereditaments, and precincts, sea waters, fishings, with all and all manner their commodities, royalties, liberties, pre-eminences, and profits, that shall arise from thence, with all and singular their appurtenances, and every part and parcel thereof, and of them to, and unto the said council, and their successors, and assigns, for ever, to the sole, only and proper use, benefit, and behoof of them, the said council, and their successors, and assigns, for ever, to be holden of us, our heirs, and successors, as of our manor of East-Greenwich, in our county of Kent, in free and common socage, and not in capita, nor by knights' services.

Yielding and paying, therefore, to us, our heirs, and successors, the fifth part of the ores of gold and silver which, from time to time, and at all times hereafter, shall happen to be found, gotten and obtained in, at, or within any the said lands, limits, territories, and precincts, or in, or within any part, or parcels thereof, for, or in respect of all and all manner of duties, demands, and services whatsoever, to be done, made, or paid to us, our heirs, and successors. .

And we do further, of our especial grace, certain knowledge, and mere motion, for us, our heirs, and successors, give and grant to the said council, and their successors, for ever, by these presents, that it shall be lawful and free for them, and their assigns, at all and every time and times hereafter, out of any our realms or dominions whatsoever, to take, lead, carry, and transport, in and into their voyages, and for and towards the said plantation in New-England, all such and so many of our loving subjects, or any other strangers that will become our loving subjects, and live under our allegiance, or shall willingly accompany them in the said voyages and plantation, with shipping, armour, weapons, ordnances, munition powder, shot, victuals, and all manner of clothing, implements, furniture, beasts, cattle, horses, mares, and all other things necessary for the said plantation, and for their use and defence, and for trade with the people there, and in passing and returning to and fro, without paying or yielding any custom or subsidy, cither inwards or outwards, to us, our heirs, or successors, for the same, for the space of seven years from the day of the date of these presents.

Provided, that none of the said persons be such as shall be hereafter, by special name, restrained by us, our heirs, or successors.

And, for their further encouragement, of our special grace and favour, we do, by these presents, for us, our heirs, at\d successors, yield and grant to, and with the said council

their successors, and every of them, their factors and assigns, that they, and every of them, shall be free and quiet from all subsidies and customs, in New-England, for the space of seven years, and from all taxes and impositions for the space of twenty and one years, upon all goods or merchandize, at any time or times hereafter, either upon importation thither, or exportation from thence, into our realm of England, or into any other our dominions, by the said council, ana their successors, their deputies, factors, and assigns, or any of them, except only the five pounds per cent, due for custom upon all such goods and merchandizes as shall be brought or imported into our realm of England, or any other of our dominions, according to the ancient trade of merchants; which five pounds per centum only being paid, it shall be thenceforth lawful and free for the said adventurers, the same goods and merchandize, to export and carry out of our said dominions into foreign parts, without any custom, tax, or other duty, to be paid to us, our heirs, or successors, or to any other officers or ministers of us, our heirs, and successors. Provided, that the said goods and merchandizes be shipped out within thirteen mouths after their first landing, within any part of those dominions.

And further, our will and pleasure is, and we do, by these presents, charge, command, warrant, and authorize the said council, and their successors, or the major part of them, which shall be present and assembled for that purpose, shall, from time to time, under their common seal, distribute, convey, assign, and set over such particular portions of lands, tenements, and hereditaments, as are, by these presents, formerly granted unto each our loving subjects, naturally born, or denizens, or others, as well adventurers as planters, as, by the said company, upon a commission of survey and distribution, executed and returned for that purpose, shall be named, appointed, and allowed, wherein our will and pleasure is, that respect be had, as well to the proportion of the adventurers, as to the special service, hazard, exploit, or merit, of any person so to be recompensed, advanced, or rewarded.

And we do also, for us, our heirs, and successors, grant to the said council, and their successors, and to all and every such governors, or other officers, or ministers, as, by the said council, shall be appointed, to have power and authority of government and command, in or over the said colony and plantation, that they, and every of them, shall, and lawfully may, from time to tine, and at all times hereafter, for ever, for their several defence and safety, encounter, expulse, repel, and resist, by force of arms, as well by sea as by land, and all ways and means whatsoever, all such person and persons as, without (be special license of the sajd council, and their successors, or the greater part of them, shall attempt to inhabit within the said several precincts and limits of the said colony and plantation.

And also, all and every such person and persons whatsoever, as shall enterprise or attempt, at any time hereafter, destruction, invasion, detriment, or annoyance to the said colony and plantation.

And that it shall be lawful for the said council, and their »uccessors, and every of them, from time to time, and at all times hereafter, and they shall have full power and authority to take and surprise, by all ways and means whatsoever, all and every such person or persons whatsoever, with their ships, goods, and other furniture, trafficking in any harbour, creek, or place, within the limits and precincts of the said colony and plantation, and not being allowed by the said council to be adventurers or planters of the said colony.

And of our further royal favour, we have granted, and for us, our heirs, and successors, we do grant unto the said council, and their successors, that the said territories, lands, rivers, and places aforesaid, or any of them, shall not be visited, frequented, or traded unto by any other of our subjects, or the subjects of us, our heirs, or successors, either from any of the ports and havens, belonging, or appertaining, or which shall belong or appertain unto us, our heirs, or successors, or to any foreign prince, state, or potentate whatsoever.

And therefore, we do hereby, for us, our heirs, and successors, charge, command, prohibit, and forbid all the subjects of us, our heirs, and successors, of what degree or quality soever they be, that none of them, directly or indirectly presume to visit, frequent, trade, or adventure to traffic into, or from the said territories, lands, rivers, and places aforesaid, or any of them, other than the said council, and their successors, factors, deputies, and assigns, unless it be with the license and consent of the said council and company, first had and obtained in writing, under their common seal, upon pain of our indignation, and imprisonment of their bodies, during the pleasure of us, our heirs, or successors, and the forfeiture and loss, both of their ship and goods, wheresoever they shall be found, either within any of our kingdoms or dominions, or any the place or places out of our dominions, and for the better effecting of our said pleasure herein, we do hereby, for us, our heirs, and successors, give and grant full power and authority unto the said council, and their successors, for the time being, that they, by themselves, their factors, deputies, or assigns, shall and may. from time to time, and at all times hereafter, attach, arrest, take, and seize all and all manner of ship and ships, goods, yrares, and merchandizes whatsoever, which shall be brought from, or carried to the places before mentioned, or any of them, contrary to our will and pleasure, before in these presents expressed, the moiety, or one half of all which forfeitures, we do hereby, for us, our heirs, and successors, give and grant unto the said council, and their successors, to their own proper use, without accompt, and the other moiety, or half part thereof, we will shall be and remain to the use of us, our heirs, and successors.

And we, likewise, hare condescended and granted, and, by these presents, for us, our heirs, and successors, do condescend, and grant to, and with the said council, and their successors, that we, our heirs, or successors, shall not, or will not, give and grant any liberty, license, or authority to any person or persons whatsover. to sail, trade, or traffic unto the aforesaid plantations of New-England, without the good will and liking of the said council, or the greater part of them, for the time being, at any their courts to be assembled.

And we do, for us, our heirs, and successors, give and grant unto the said council, and their successors, that whensoever, or so often as any custom or subsidy shall grow due or payable, unto us, our heirs, or successors, according to the limitation and appointment aforesaid, by reason of any goods, wares, or merchandize, to be shipped out, or any return to be made, of any goods, wares, or merchandize, unto, or from New-England, or any the lands or territories aforesaid, that then, so often, and in such case, the farmers, customers, and officers of our customs of England and Ireland, and every of them, for the time being, upon request made unto them by the said council, their successors, factors, or assigns, and upon convenient security to be given in that behalf, shall give and allow unto the said council, and their successors, and to all person and persons free of the said company as aforesaid, six months time, for the payment of the otie half of all such customs and subsidy, as shall be due and payable unto us, our heirs, and successors, for the same; for which these, our letters patents, or the duplicate, or the enrolment thereof,shall be, unto our said officers, a sufficient warrant and discharge.

Nevertheless, oar will and pleasure is, that, if any of the said goods, wares, and merchandizes, which be, or shall be, at any time hereafter, landed and exported out of any our realms aforesaid, and shall be shipped with a purpose not to be carried to New-England aforesaid, that then such payment, duty, custom, imposition, or forfeiture, shall be paid and belong to us, our heirs, and successors, for the said goods, wares, and merchandizes, so fraudulently sought to be transported, as if this our grant had not been made nor granted.

And we do, for us, our heirs, and successors, give and grant

unto the said council, and their successors, for ever, by these presents, that the said president of the said company,, or his deputy, for the time being, or any two others of the said council, for the said colony in New-England, for the lime being, shall and may, at all times hereafter, and from time to time, have full power and authority to minister, and give the oath; and oaths of allegiance and supremacy, or either of them, toall and every person and persons, which shall, at any time and times hereafter, go and pass to the said colony in New-England.

And further, that it shall be, likewise, lawful for the saiJ president, or his deputy, for the time being, or any two others of ihe said council, for the said colony in New-England, for the time being, from time to time, and at all times hereafter, to minister such a formal oath, as by their discretions shall be reasonably devised, as well unto any person or persons employed, or to be employed in, for, or touching the said plantation, for their honest, faithful, and just discharge of their service, in all sucb matters as shall be committed unto them, for the good and benefit of the said company, colony, and plantation, as also unto such other person or persons as the said" president, or his deputy, with two others of the said council, shall think meet, for the examination or clearing of the truth, in any cause whatsoever concerning the said plantation, or any business from thence proceeding, or thereunto belonging.

And to the end that no lewd or iH disposed persons, sailors, soldiers, artificers, husbandmen, labourers, or others which shall receive wares, apparel, or other entertainment from the said council, or contract and agree with the said council, to go, and to serve, and to be employed in the said plantation, in. the colony in New-England, do afterwards withdraw, hide, and conceal themselves, or refuse to go thither, after they have been so entertained and agreed withal, and that no persons which shall be sent and employed in the said plantation of the said colony in New-England, upon the charge of the said council, do misbehave themselves by mutinous, seditious, or other notorious misdemeanours, or which shall be employed, or sent abroad by the governor of New-England, or his deputy, with any ship or pinnace, for provision of the said colony, or for some discovery, or other business and affairs concerning the same, do, from thence, treacherously either come back again, or return into the realm of England, by stealth, or without license of the governor of the yaiu colony in New-England, for the time being, or be sent hither as misdoers or offenders, and that none of those persons, after their return from thence, being questioned by the-said council here for such their misbehaviours and offences, do, by insolent and contemptuous car* riage, in the presence of the said council, shew little respect and reverence, either to the place or authority in which we have placed and appointed -them, and others, for the clearing of their lewdness and misdemeanours, committed in New-England, divulge vile and slanderous reports of the country of New-England, or of the government or estate of the said plantation and colony, to bring the said voyages and plantation into disgrace and contempt, by means whereof, not only the adventurers and planters already engaged in the said plantation, may be exceedingly abused, and hindered, and a great number of our loving and well disposed subjects, otherwise well affected, and inclined to join and adventure in so noble a Christian and worthy an action, may be discouraged from the same, but also the enterprise itself, may be overthrown, which cannot miscarry, without some dishonour to us and our kingdom.

We, therefore, for preventing of so great and enormous abuses and misdemeanours, do, by these presents, for us, our heirs, and successors, give and grant unto the said president, or his deputy, or such other person, or persons, as, by the orders of the said council, shall be appointed, by warrant, under his or their hand or hands, to send for, or cause to be apprehended, all and every such person and persons, who shall be noted, or accused, or found, at any time or times hereafter, to offend, or misbehave themselves, in any the affairs before mentioned and expressed ; and, upon the examination of any such offender or offenders, and just proof, made by oath, taken before the said council, of any such notorious misdemeanours, by them to be committed, as aforesaid, and also, upon any insolent, contemptuous, or unreverent carriage, or misbehaviour, to, or against the said council, to be shewed or used, by any such person or persons, so called, convinced, and appearing before them, as aforesaid, that, in all such cases, our said council, or any two, or more of them, for the time being, shall, and may have full power and authority, either here to bind them over with good securities for their good behaviour, and further therein to proceed, to all intents and purposes, as it is used in other like cases within our realm of England, or else, at their discretions, to remand and send back the said offenders, or any of them, to the said colony of New-England, there to be proceeded against and punished, as the governors, deputy, or council there, for the time being, shall think meet, or otherwise, according to such laws and ordinances, as are, and shall be in use there, for the well ordering and good government of the said colony.

And our will and pleasure is, and we do hereby declare, to all Christian kings, princes, and states, that, if any person or persons, which shall hereafter be of the said colony or plantation, or any other, by license or appointment of the said council, or their successors, or otherwise, shall, at any time or times hereafter, rob, or spoil, by sea or by land, tor do any hurt, violence, or unlawful hostility, to any of the subjects of us, our heirs, or successors, or any of the subjects of any king, prince, ruler, or governor, or state, being then in league and amity with us, our heirs, and successors ; and that, upon such injury, or upon just complaint of such prince, ruler, governor, or state, or their subjects, we, our heirs, or successors, shall make open proclamation, within any of the parts of our realm, of England commodious for that purpose, that the person or persons having committed any such robbery or spoil, shall, within the time limited by such a proclamation, make full restitution or satisfaction of all such injuries done, so as the said princes, or others so complaining, may hold themselves fully satisfied and contented; and if that the said person or persons, having committed such robbery or spoil, shall, not make, or cause to be made, satisfaction accordingly, within such time so to be limited, that then it shall be lawful for us, our heirs, and successors, to put the said person or persons out of our allegiance and protection, and that it shall be lawful and free for all princes to prosecute with hostility the said offenders, and every of them, their and every of their procurers, aiders, abettors, and comforters in that behalf.

Also, we do, for us, our heirs, and successors, declare, by these presents, that all and every the persons being our subjects, which shall go and inhabit within the said colony and plantation, and every of their children and posterity, which shall happen to be born within the limits thereof, shall have and enjoy all liberties, and franchises, and immunities of free denizens and natural subjects, with any of our other dominions, to all intents and purposes, as if they had been abiding, and born within this our kingdom of England, or any other our dominions.

And lastly, because the principal effect which we can desire, or expect of this action, is the conversion of, and reduction of the people in those parts, unto the true worship of God and Christian religion, in which respect we would be loath that any person should be permitted to pass, that we suspected to affect the superstition of the church of Rome, we do hereby declare, that it is our will and pleasure, that none be permitted, to pass in any voyage, from time to time to be made into the said country, but such as shall first have taken the oath of supremacy ; for which purpose, we do, by these presents, give full power and authority to the president of the said council, to tender and exhibit the said oath to all such persons as shall, at any time, be sent and employed in the said voyage.

And we also, for us, our heirs, and successors,-do covenant and grant to, and with the council, and their successors, by these presents, that if the council, for the time being, and their successors, or any of them, shall, at any time or times hereafter, upon any doubt \\hich they shall conceive, concerning the strength or validity in law, of this our present grant, or bo desirous to have the same renewed and confirmed by us, our heirs, and successors, with amendments of such imperfections and defects, as snail appear fit and necessary to the said council, or their successors, to be reformed and amended, on the behalf of us, our heirs, and successors, and for the furthering of the plantation and government, or the increase, continuing, and flourishing thereof, that then, upon the bumble petition of the said council, for the time being, and their successors, to us, our heirs, and successors, we, our heirs, and successors, shall and will, forthwith, make and pass, under the great seal of England, to the said council, and their successors, such further and better assurance of all and singular the lands, grounds, royalties, privileges, and premises aforesaid, granted, or intended to be granted, according to our true intent and meaning, in these our letters patents, signified, declared, or mentioned, as by the learned council of us, our heirs, and successors, and of the said company, and their successors, shall, in. that behalf, be reasonably devised or advised.

And further, oar will and pleasure is, that, in all questions and doubts, that shall arise upon any difficulty of construction or interpretation of any thing contained in these our letters patents, the same shall be taken and interpreted, in most ample and beneficial manner, for the said council, and their successors, and every member thereof.

And we do further, for us, our heirs, and successors, charge and command all and singular admirals, vice admirals, generals, commanders, captains, justices of peace, mayors, sheriffs, bailiffs, constables, customers, comptrollers, waiters, searchers, and all the oilicers of us, our h^irs, and successors whatsoever, to be, from time to time, and at all times hereafter, in all things aiding, helping, and assisting unto the said council, and their successors, and unto every of them, upon request and requests, by them to be made, in all matters and things, for the furtherance and accomplishment of all or any the matters and things by us, in, and by these our letters patents, given, granted, and provided, or by us meant or intended to be given, granted, and provided, as they, our said officer, and the officers of us, our heirs, and successors, do tender our pleasure, and will avoid the contrary, at their perils.

And also, we do, by these presents, ratify and confirm unto the said council, and their successors, all privileges, franchises, liberties, and immunities, granted in our said former letters patents, and not in these our letters patents, revoked, altered, changed, or abridged, although expressed, mention, &c.—In witness, &c. witness ourself at Westminster, the third day oi" November, in the eighteenth,year of our reign over England, &c.

Concordat cum re- Convenit cum rccordo,

cordo ct exam- - ct exarajur, pr. me.

inat. pr. me. LAUR. HALSTED.

JOHANNEM INNES.
Exd. W. S.
W. P.

Office for TVaJel The undersigned George Chalmers, the nnd Plantations, > Chief Clerk of the Lords of the Commit3 tcc of P«vy Council for Trade and Foreign Plantations, Do Hereby Certify, to all whom it may concern, that the before Patent, upon this, and the 53 preceding pages, is a true copy of the Patent for New-England, dated the 3d November, 1620, from an entry, entitled, New-England belonging to the late Board of Trade: In testimony whereof, I have signed the same, this 4th day of March, 1814.

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