City of Derby
New Haven County
Connecticut

History of the Colony of New Haven Connecticut



History of the Colony of New Haven to it's Absorption into Connecticut
by Edward Elias Atwater

Appendix 1-7



Introduction    Chapt. 1-2    Chapt. 3-5    Chapt. 6-8   
Chapt. 9-10    Chapt. 11-12    Chapt. 13-14    Chapt. 15-16   
Chapt. 17    Chapt. 18-19    Chapt. 20-21    Appendix 1-7

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APPENDIX I.
AUTOBIOGRAPHY OF MICHAEL WIGGLESWORTH

[From the N. E. Hist and Gen. Reg., vol. zvii.]

I WAS born of Godly Parents, that feared ye Lord greatly, even from their youth, but in an ungodly Place, where ye generality of ye people rather derided then imitated their piety, in a place where, to my knowledge, their children had Learnt wickedness betimes, In a place that was consumed wth fire in a great part of it, after God had brought them out of it.(*) These godly parents of mine meeting with opposition & persecution for Religion, because they went from their own Parish Church to hear ye word & Receive ye supper &c took up resolutions to pluck up their stakes & remove themselves to New England, and accordingly they did so, Leaving dear Relations friends & acquaintace, their native Land, a new built house, a flourishing Trade, to expose themselves to ye hazzard of ye seas, and to ye Distressing difficulties of a howling wilderness, that they might enjoy Liberty of Conscience & Christ in his ordinances. And the Lord brought them hither & Landed them at Charlestown, after many difficulties and hazzards, and me along with them being then a child not full seven yeers old.

(* In the copy of the N. E. Hist, and Gen. Register which belongs to the N. H. Col. Hist. Society is this manuscript note:- "Hedon, a village in the East Riding of Yorkshire, on the river Humber, three miles from Hull, was almost entirely consumed by fire in the year 1656. H. D." The initials are those of Mr. Horace Day, a former secretary of the Society.)

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After about 7 weeks stay at Charls Town, my parents removed again by sea to New Haven in ye month of October. In or passage thither we were in great Danger by a storm which drove us upon a Beach of sand where we lay beating til another Tide fetcht us off; but God carried us to or port in safety. Winter approaching we dwelt in a cellar partly under ground covered with earth the first winter. But I remember that one great rain brake in upon us & drencht me so in my bed being asleep that I fell sick upon it; but ye Lord in mercy spar'd my life & restored my health. When ye next summer was come I was sent to school to Mr. Ezekiel Cheever who at that time taught school in his own house, and under him in a year or two I profited so much through ye blessing of God, that I began to make Latin & to get forward apace. But God who is infinitely wise and absolutely soverain, and gives no account concerning any of his proceedings, was pleased about this time to visit my father with Lameness which grew upon him more & more to his dying Day, though he liv'd under it 13 yeers. He wanting help was fain to take me off from school to follow other employments for ye space of 3 or 4 yeers until I had lost all that I had gained in the Latine Tongue. But when I was now in my fourteenth yeer, my Father, who I suppose was not wel satisfied in keeping me from Learning whereto I had been designed from my infancy, & not judging me fit for husbandry, sent me to school again, though at that time I had little or no disposition to it, but I was willing to submit to his authority therein and accordingly I went to school under no small disadvantage & discouragement seing those that were far inferior to me, by my discontinuance now gotten far before me. But in a little time it appeared to be of God, who was pleased to facilitate my work & bless my studies that I soon recovered what I had lost & gained a great deal more, so that in 2 yeers and 3 quarters I was judged fit for ye Colledge and thither I was sent, far from my parents & acquaintace among strangers. But when father

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and mother both forsook me, then the Lord took care of me. It was an act of great self Denial in my father that notwithstanding his own Lameness and great weakness of Body Wch required the service & helpfulness of a son, and having but one son to be ye staff of his age & supporter of his weakness he would yet for my good be content to deny himself of that comfort and Assistace I might have Lent him. It was also an evident proof of a strong Faith in him, in that he durst adventure to send me to ye Colledge, though his Estate was but small & little enough to maintain himself & small family left at home. And God Let him Live to see how acceptable to himself this service was in giving up his only son to ye Lord and bringing him up to Learning; especially ye Lively actings of his faith & self denial herein. For first, notwithstanding his great weakness of body, yet he Lived til I was so far brought up as that I was called to be a fellow of ye Colledge and improved in Publick service there, and until I had preached several Times; yea and more then so, he Lived to see & hear what God had done for my soul in turning me from Darkness to light & fro the power of Sathan unto God, Wch filled his heart ful of joy and thankfulness beyond what can be expressed. And for his outward estate, that was so far from being sunk by what he spent from yeer to yeer upon my education, that in 6 veers time it was plainly doubled, Wch himself took great notice" of, and spake of it to my self and others to ye praise of God, wth Admiration and thankfulness. And after he had lived under great & sore affliction for ye space of 13 yeers a pattern of faith, patience, humility & heavenly mindedness, having done his work in my education and recent an answer to his prayers God took him to his Heavenly Rest where he is now reaping ye fruit of his Labo's. When I came first to ye Colledge, I had indeed enjoyed ye benefit of religious & strict education, and God in his mercy and pitty kept me from scandalous sins before I came thither & after I came there, but alas I had

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a naughty vile heart and was acted by corrupt nature & therefore could propound no Right and noble ends to my self, but acted from self and for self. I was indeed studious and strove to outdoe my compeers, but it was for honor & applause & preferm & such poor Beggarly ends. Thus I had my Ends and God had his Ends far differing from mine, yet it pleased him to Bless my studies, & to make me grow in knowledge both in ye tongues & Inferior Arts & also in Divinity. But when I had been there about three yeers and a half; God in his Love & Pitty to my soul wrought a great change in me both in heart & Life, and from that time forward I learnt to study with God and for God. And whereas before that, I had thoughts of applying my self to ye study & Practice of Physick, I wholly laid aside those thoughts, and did chuse to serve Christ in ye work of ye ministry if he would please to fit me for it & to accept of my service in that great work.



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APPENDIX II.
LETTER OF NATHANAEL ROWE TO JOHN WINTHROP

To the worshipfull & much respected Friende Mr. Winthrop, Magistrate liveing att Boston in New Ing: most loving & kinde sir,- My humblest service remembered to you, I now with much consideratione (and thinkinge of all things & businesses) doe now write to you. First of all my father sent mee to this countrie verie hastelie, (& overmuch inconsideraely) indeed it is a sore griefe to mee, I should charge my prudent & most deare father with the evill of rash doeinge of thinges; but yet being compelled in this time of straighteness, I must say itt. My father sent with mee pvtiones enough for to serve mee a yeare or towe; as meale, flower, buttar, beefe. I, haveinge lost my meale and flower, was compelled to sell the rest of my pvicon, & indeed, being counselled soe to doe, I immediately did itt. Then Mr. Eaton and Mr. Davenport haveinge noe direct order what to doe, wished me & sent me unto Mr. Eaton, the marchant's brother, to be instructed in the rudiments of the Lattine tongue [mising] wth practise, I shalbe prettie skilfull. I lived with him about a month, & verily in y space he spake not one word to mee, scilicet, about my learninge, & after he went awaie, I lived an idle life, because I had noe instructor. After all this, I was sent (by Mr. Bellinghas order) unto Mr. Willis of Linne, the school-maister: and theire I liveing privately gott the best part of my Lattine-tongue, but yet not by his instructiones, butt indeed onelie by seeinge his manner of teachinge, & gatheringe thinges of my

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selfe, & also by bribeinge (or giveing gifts to) his sonnes for patternes; of which Mr Willis never knew as yett. This last half yeare hath binne spent in receiveing instructiones frome Mr. Dunster, whoe (blessed be God for it) hath binne a guide to leade mee onne in the waie of hummane litterature, & alsoe in divine. Thus much for my cors in this lande: seeing, sir, you out of your fountaine of wisdome, doe adjudge that it is my father's will & pleasure that I should betake myselfe to one thinge or other, whereby I mighte gett my liveinge (O tempora, O mokes!) why for my part I shall be willinge to doe anie thinge for my father (God assistinge mee) att Quillepiacke, as to help to cleare grownde, or hough upp grounde, quia enim, qui humiliatur, is vero tempestivd exaltabitur. But, I pray you, sir, to make the waie cleare for mee to goe to England, so that I may speake more fullie to my father & my friends, soe that if my father hath caste his affections off frome mee (which, if I had but one serious thought that waie, it would be the distractinge of my spirite all the dales I have to live. The curse of the parent is the greatest heviness & burden to [the] soule of a childe yl is; my father never made anie such thing knowne to mee) that I might not loose those opportunities that are offerred to mee by one of my uncles, whome I am certain will doe mee anie good, & if my father be offended wth mee, then, if I be att London, I feare not but tha[t] my uncle will pacific my father's wrathe. Thus I end.

Yor observant servant, nath. rowe.



Page 537

APPENDIX III.
LAMBERTON'S SHIP

SO much interest is felt in Lamberton's ship that I have lelt inclined to bring together what the early writers have recorded concerning the vessel herself and concerning the atmospheric phenomenon which the superstition of the times connected with her loss.

Winthrop mentions her thrice. When the news of her departure had reached Boston, he records that "this was the earliest and sharpest winter we had since we arrived in the country, and it was as vehement cold to the southward as here," adding, as one illustration, "At New Haven, a ship bound for England was forced to be cut out of the ice three miles." In the following June, when solicitude had nearly or quite given place to despair, he writes, "There fell a sad affliction upon the country this year, though it more particularly concerned New Haven and those parts. A small ship of about one hundred tons set out from New Haven in the middle of the eleventh month last, (the harbor being then so frozen as they were forced to hew her through 'the ice near three miles). She was laden with pease and some wheat, all in bulk, with about two hundred West India hides, and store of beaver and plate, so as it was estimated in all at five thousand pounds. There were in her about seventy persons, whereof divers were of very precious account, as Mr. Gregson, one of their magistrates, the wife of Mr. Goodyear, another of their magistrates (a right godly woman), Captain Turner, Mr. Lamberton, master of the ship,

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and some seven or eight others, members of the church there. "The ship never went voyage before, and was very crank-sided, so as it was conceived she was overset in a great tempest which happened soon after she put to sea, for she was never heard of after." Two years afterward, that is, in June, 1648, he writes, as if the news had just reached him, "There appeared over the harbor at New Haven, in the evening, the form of the keel of a ship with three masts, to which were suddenly added the tackling and sails, and presently after, upon the top of the poop, a man standing with one hand akimbo under his left side, and in his right hand a sword stretched out toward the sea. Then from the side of the ship which was from the town arose a great smoke which covered all the ship and in that smoke she vanished away; but some saw her keel sink into the water. This was seen by many, men and women, and it continued about a quarter of an hour."

Hubbard, who was born in 1649, says "The main founders of New Haven were men of great estates, notably well versed in trading and merchandising, strongly bent for trade and to gain their subsistence that way, choosing their seat on purpose in order thereunto, so that if the providence of God had gone along with an answerable blessing, they had stood fair for the first born of that employment. But that mercy, as hath since appeared, was provided for another place, and a meaner condition for them; for they quickly began to meet with insuperable difficulties, and though they built some shipping and sent abroad their provisions into foreign parts, and purchased lands at Delaware and other places to set up trading-houses for beaver, yet all would not help; they sank apace, and their stock wasted, so that in five or six years they were very near the bottom: yet, being not willing to give over, they did, as it were, gather together all their remaining strength, to the building and loading out one ship for England, to try if any better success might befall them for their retrievement. Into this ship they put, in a

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manner, all their tractable estates, much corn, large quantities of plate, and sundry considerable persons also went, amongst whom was Mr. Gregson forementioned, who, besides his own private occasions, carried with him some estate in order to the procuring of a patent: but all this, though done by very wise men, yet hath since been thought to be carried by a kind of infatuation; for the ship was ill-built, very wait-sided, and, to increase the inconveniency thereof, ill-laden, the lighter goods at the bottom: so that understanding men did even beforehand conclude in their deliberate thoughts a calamitous issue, especially being a winter voyage, and so in the dead of winter that they were necessitated with saws to cut open the ice, for the passage of the ship frozen in for a large way together; yet were all these things overlooked, and men went on in a hurry till it was too late, when such circumstances as these were called to mind. The issue was, the ship was never heard of, foundered in the sea, as is most probable, and with the loss of it their hope of trade gave up the ghost, which was gasping for life before in New Haven. But this was not all the loss; besides the goods, there were sundry precious Christians lost, not less than ten belonging to the church there, who, as Mr. Cotton's expression upon it was, went to heaven in a chariot of water, as Elijah long before in a chariot of fire. There were also some writings of Mr. Hooker's and Mr. Davenport's lost, that never were at all or not fully repaired."

In another place discoursing of memorable accidents he says, "Another deplorable loss befell New England the same year, wherein New Haven was principally concerned and the southern parts of the country: for the inhabitants of that town, being Londoners, were very desirous to fall into a way of traffic, in which they were better skilled than in matters of husbandry; and to that end had built a ship of one hundred tons, which they freighted for London, intending thereby to lay some foundation of a future trade: but either by the ill form of her

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building or by the shifting of her lading (which was wheat, which is apt to shift its place in storms), the vessel miscarried, and in her seventy persons, some of whom were of the principal part of the inhabitants, with all the wealth they could gather together." Hubbard makes no mention of the apparition in the air which followed the loss of the ship, and Winthrop, who was no sceptic in regard to supernatural interventions, records it without intimating that he regarded it as a miracle; but Mather, who wrote about as long after the occurrence as did Hubbard, has given us the story with the superstitious interpretation attached to it by some, at least, of his contemporaries. Desiring to give it accurately, he wrote to Rev. James Pierpont, the successor of Davenport in the pastorate of the church at New Haven, and' received from him the following letter in reply:-

"reverend and dear sir, - In compliance with your desires I now give you the relation of that apparition of a ship in the air, which I have received from the most credible, judicious, and curious surviving observers of it. "In the year 1647,(*) besides much other lading, a far more rich treasure of passengers (five or six of which were persons of chief note and worth in New Haven) put themselves on board a new ship, built at Rhode Island, of about a hundred and fifty tons, but so walty that the master (Lamberton) often said she would prove their grave. In the month of January, cutting their way through much ice, of which they were accompanied with the Rev. Mr. Davenport, besides many other friends, with many fears, as well as prayers and tears, they set sail. Mr. Davenport in prayer with an observable, emphasis used these words: 'Lord, if it be thy pleasure to bury these our friends in the bottom of the sea, they are thine, save them;' The spring following, no tidings of these friends arrived with the ships from England; New Haven's heart began to fail her: this put the godly people on ranch prayer, both public and private, that the Lord would (if it was his pleasure) let them hear what he had clone with their dear friends, and prepare them with a suitable submission to his holy will. In June next ensuing, a great thunder-storm arose out of the north-west; after which (the hemisphere being serene)

(* Pierpont was in error in regard to the year. The ship sailed in January, 1646, New Style.)

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about an hour before sunset, a ship of like dimensions with the aforesaid, with her canvas and colors abroad (though the wind northerly) appeared in the air coming up from our harbor's mouth, which lies southward from the town, seemingly with her sails filled under a fresh gale, holding her course north, and continuing under observation, sailing against the wind for the space of half an hour.

"Many were drawn to behold this great work of God; yea, the very children cried out, 'There's a brave ship.' At, length, crowding up as far as there is usually water sufficient for such a vessel, and so near some of the spectators, as that they imagined a man might hurl a stone on board her, her main-top seemed to be blown off, but left hanging in the shrouds; then her mizzen-top; then all her masting seemed blown away by the board: quickly after the hulk brought to a careen, she overset and so vanished into a smoky cloud, which in some time dissipated, leaving, as everywhere else, a clear air. The admiring spectators could distinguish the several colors of each part, the principal rigging, and such proportions, as caused not only the generality of persons to say,' This was the mould of their ship, and this was her tragic end;' but Mr. Davenport also in public declared to this effect, that God had condescended, for the quieting of their afflicted spirits, this extraordinary account of his sovereign disposal of those for whom so many fervent prayers were made continually.
Thus I am, sir,
Your humble servant,
"james pierpont."



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APPENDIX IV.
SEATING THE MEETING-HOUSE

AT a general court held the loth of March, 1648, the names of people as they were seated in the meeting­house were read in court, and it was ordered they should be recorded, which was as followeth:-

"FIRST FOR THE MEN'S SEATS, VIZ.:

"The middle seats have to sit in them:

"1st seat, the governor and deputy governor.
"2d seat, Mr. Malbon, magistrate.
"3d seat, Mr. Evance, Mr. Bracey, Mr. Francis Newman, Mr. Gibbard.
"4th seat, Goodman Wigglesworth, Bro. Atwater, Bro. Seeley, Bro. Miles.
"5th seat, Bro. Crane, Bro. Gibbs, Mr. Caffinch, Mr. Ling, Bro. Andrews.
"6th seat, Bro. Davis, Goodman Osborne, Anthony Thompson, Mr. Browning, Mr. Rutherford, Mr. Higginson.
"7th seat, Bro. Camfield, Mr. James, Bro. Benham, Wm. Thompson, Bro. Lindon, Bro. Martin.
"8th seat, Jno. Meigs, Jno. Cooper, Peter Brown, Wm. Peck, Jno. Gregory, Nicholas Elsey.
"9th seat, Edw. Bannister, Jno. Harriman, Benja. Wilmot, Jarvis Boykin, Arthur Halbidge.

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"In the cross seats at the end.

"1st seat, Mr. Pell, Mr. Turtle, Bro. Fowler.
"2d seat, Thorn. Nash, Mr. Allerton, Bro. Perry.
"3d seat, Jno. Nash, David Atwater, Thorn. Yale.
"4th seat, Robert Johnson, Thorn. Jeffrey, John Punderson.
"5th seat, Thorn. Munson, Jno. Livermore, Roger Alling, Joseph Nash, Sam. Whitehead, Thomas James.

"In the other little seat, John Clarke, Mark Pearce.

"In the seats on the side, for men.

"1st, Jeremy Whitnell, Wm. Preston, Thorn. Kimberley, Thorn. Powell.
"2d, Daniel Paul, Richard Beckley, Richard Mansfield, James Russell.
"3d, Wm. Potter, Thorn. Lamson, Christopher Todd, William Ives.
"4th, Hen. Glover, Wm. Thorp, Matthias Hitchcock, Andrew Low.

"On the other side of the door.

"1st, John Moss, Luke Atkinson, Jno. Thomas, Abraham Bell.
"2d, George Smith, John Wakefield, Edw. Patteson, Richard Beach.
"3d, John Bassett, Timothy Ford, Thorn. Knowles, Robert Preston.
"4th, Richd. Osborne, Robert Hill, Jno. Wilford, Henry Gibbons.
"5th, Francis Brown, Adam Nicolls, Goodman Leeke, Goodman Dayton.
"6th, Wm. Gibbons, John Vincent, Thomas Wheeler, John Brockett.

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"SECONDLY FOR THE WOMEN'S SEATS.

"In the middle.

"1st seat, old Mrs. Eaton.
"2d seat, Mrs. Malbon, Mrs. Gregson, Mrs. Davenport, Mrs. Hooke.
"3d seat, Elder Newman's wife, Mrs. Lamberton, Mrs. Turner, Mrs. Brewster.
"4th seat, Sister Wakeman, Sister Gibbard, Sister Gilbert, Sister Miles.
"5th seat, Mr. Francis Newman's wife, Sister Gibbs, Sister Crane, Sister Turtle, Sister Atwater.
"6th seat, Sister Seeley, Mrs. Caffinch, Mrs. Perry, Sister Davis, Sister Cheever, Jno. Nash's wife.
"7th seat, David Atwater's wife, Sister Clarke, Mrs. Yale, Sister Osborne, Sister Thompson.
"8th seat, Sister Wigglesworth, Goody Johnson, Goody Camfield, Sister Punderson, Goody Meigs, Sister Gregory.
"9th seat, Sister Todd, Sister Boykin, Wm. Potter's wife. Matthias Hitchcock's wife, Sister Cooper.

"In the cross seats at the end.

"1st, Mrs. Bracey, Mrs, Evance.
"2d, Sister Fowler, Sister Ling, Sister Allerton.
"3d, Sister Jeffrey, Sister Rutherford, Sister Livermore.
"4th, Sister Preston, Sister Benham, Sister Mansfield.
"5th, Sister Ailing, Goody Bannister, Sister Kimberley, Goody Wilmot, Sister Whitnell, Mrs. Higginson.

"In the little cross seat.

"Sister Potter the midwife, and old Sister Nash

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"In the seats on the side.

"1st seat, Sister Powell, Goody Lindon, Mrs. James.
"2d seat, Sister Whitehead, Sister Munson, Sister Beckley, Sister Martin.
"3d seat, Sister Peck, Joseph Nash's wife, Peter Brown's wife, Sister Russell.
"4th seat, Sister Ives, Sister Bassett, Sister Patteson, Sister Elsey.

"In the seats on the other side of the door.

"1st seat, Jno. Thomas's wife, Goody Knowles, Goody Beach, Goody Hull.
"2d seat, Sister Wakefield, Sister Smith, Goody Moss, James Clarke's wife.
"3d seat, Sister Brockett, Sister Hill, Sister Clarke, Goody Ford.
"4th seat, Goody Osborne, Goody Wheeler, Sister Nicolls, Sister Brown."

Nine years later (Feb. -, 1657) the names of people as they were seated in the meeting-house were again recorded as follows:-

"The long seats in the middle, for men.

"1. The governor and the deputy governor.
"2. Mr. Newman, magistrate.
"3. Mr. Wakeman, Mr. Gibbard, John Gibbs, William Davis.
"4. William Judson, Mr. Goodenhouse, Mr. Mullener, John Nash.
"5. Henry Lindon, William Andrews, John Cooper, Roger Ailing, William Thompson.
"6. Thorn. Munson, Sam. Whitehead, William Potter, Math. Moulthrop, Jno. Peakin, John Harriman, Christopher Todd.
"7. Jno. Benham, Jarvis Boykin, Nich. Elsey, Ro. Talmadge, Jer. How, Jno. Thompson, James Bishop.

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"8. Jno. Moss, Jno. Brockett, Thos. Morris, Andrew Low, Thos. Wheeler, Rich. Miles, jun., Jno. Thompson, jun.
"9. William Gibbons, William Paine, Jno. Winston, Edw. Parker, Edward Preston:

"The cross seats at upper end.

"1. Mr. Tuttle, Mr. Jno. Davenport, William Fowler, Mr. Allerton, sen.
"2. Mr. Caffinch, David Atwater, Mr. Rutherford, Mr. Yale.
"3. Thomas Jeffrey, Jno. Punderson, Mr. Augur, Mr. Daniel.
"4. William Peck, William Bradley, Thomas Mullener.
"5. Jos. Nash, William Russell, Jer. Osborne, Geo. Constable, Rich. Gregson, Francis Brown, Alien Ball, Thomas Johnson.

"In the little seat.

"Mr. Bowers, Thorn. Kimberley.

"In the seats on the side, on both sides of the door.

"1. Thomas Powell, James Russell, John Hodson, Joseph Alsop.
"2. Richard Beckley, Henry Glover, John Chidsey, Thorn. Mix.
"3. Abraham Doolittle, Matthias Hitchcock, John Jones, Thorn. Lamson.
"4. Geo. Smith, John Thomas, James Clarke, Geo. Pardee.
"5. Benj. Wilmot, Edwa. Hitchcock, Edwa. Patteson, Robert Hill.
"6. John Hall, Jno. Wakefield, Timothy Ford, Matthew Rqwe.
"7. Nathaniel Merriman, John Tuttle, Thorn. Barnes, Peter Mallory.
"8. William Bassett, John Benham, Martin Tichener, Philip Leeke.
"9. Edward Camp, John Johnson, William Holt, Isaac Whitehead.

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"Against the soldiers' seats.

"1. Jno. Sacket, James Eaton, Ralph Lines, Isaac Beecher, Abra. Kimberley.
"2. John Ailing, Edward Perkins, Sam. Marsh, Joseph Benham.
"3. Henry Morrell, Sam. Hodskins, William Blayden.

"On the bench before the little seat

"Henry Gibbons, Jno. Vincent.

"Before the governor's seat.

"Rob. Seeley, Rob. Johnson, Tho. Mitchell, Thomas Wheeler, senior.

"Before Mr. Gilbert's seat.

"Jer. Whitnell, Rich. Johnson, Ephraim Pennington, Rich. Hull.

"Before Mr. Tuttle's seat.

"Rob. Pigg, William Thorp, Henry Bristow, Thorn. Beamont.

"Before the pillar.

"Edward Watson.

"THE WOMEN'S SEATS.

"The long seats.

"The first as it was.
"In the second, Mrs. Newman added.
"3. Mrs. Goodenhouse, Mrs. Gilbert, Mrs. Miles, Mrs. Wakeman.
"4. Mrs. Gibbard, Mrs. Tuttle, Goodwife Gibbs, Goodwife Davis.
"5. Jno. Nash's wife, Mrs. Caffinch, Mrs. Rutherford, Goodwife Lindon, Da. Atwater's wife.

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"6. Goodwife Punderson, Mrs. Yale, Rob. Johnson's wife, Goodwife Seeley, Goodwife Todd, Goody Bradley.
"7. Goodwife Camp, Goo. Osborne, Goo. Thompson, Goo. Moulthrop, Goo. Potter, Will. Russell's wife.
"8. Goodw. Talmadge, Goodw. Parker, Goodw. Bishop, Goodw. Wheeler, Goodw. Hitchcock, Goodw. Clarke.
"9. Goodw. Wilmot, sen., Goodw. Wilmot, jun., Goodw. Brockett, Goodw. Hall, Goodw. Paine.

"Cross seats.

"1. Mrs. Allerton the elder, Mr. Goodyear's daughters.
"2. Mrs. Bowers, Goodw. Fowler, Goodw. Jeffrey.
"3. Goodwife Preston, senior, William Peck's wife, Goodw. Kimberley the elder.
"4. Sam. Whithead's wife, Goodw. Benham the elder, Jer. Howe's wife.
"5. Widow Peck, Tho. Johnson's wife, Goodw. Ball, Goodw. Mitchell, Goody Hull, Goodw. Thorp, Goodw. Wakefield.

"In the short seat.

"Goodw. Nash the elder, Roger Alling's wife.

"In the seat before them.

"Goodw. Pigg, Goodw. Browne.

"In the side seats all along.

"1. Mrs. Daniell, Mrs. Mullener, Mrs. Powell, Goodw. Chidsey.
"2. Goodw. Mix, Mrs. Hodson, Goodw. Patteson, Goodw. Beckley.
"3. Goodw. Moss, Goodw. Thomas. Goodw. Doolittle, Goodw. Alsop.
"4. Goodw. Bassett, Goodw. Smith, Goodw. Gibbons, Goodw. Morris.

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"5. Goodw. Ford, Goodw. Rowe, Goodw. Winston, Goodw. Hill.
"6. Goodw. Tichener, Goodw. Leeke, Goodw. Pennington, Goodw. Pardee.
"7. Goodw. Barnes, Goodw. Merriman, Jno. Benham's wife, Edwa. Camp's wife.
"8. Goodw. Mallory, Goodw. Atkinson, Goodw. Marsh, Goodw. Hodskins.

"Before Mrs. Eaton' s seat.

"Goodw. Harriman, Goodw. Glover, Goodw. Andrews, James Russell's wife.

"Before the pillar.

"Goodw. Low, Goodw. Elsey.

"Before Dea. Miles' seat.

"Goodw. Whitnell, Goodw. Watson, Goodw. Halbidge.

"Before Mrs. Allerfon's seat.

"Goodw. Judson, Goodw. Mansfield, Goodw. Copper.

"Permitted to sit in the alley (upon their desire) for convenience of hearing.

"Goodw. Beecher the elder, Goodw. Munson, Goodw. Boykin, Goodw. Beamont, old

Another seating of the meeting-house is recorded Feb. 20,

"In the long seats for men.

"1. Mr. Gilbert, with such other as may be called to magistracy.
"2. Mr. Jones, Mr. John Davenport, Jr., Mr. Yale, Mr. William Gibbard.

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"3. Mr. Goodenhouse, Mr. Turtle, William Judson, John Gibbs, Lieut. Nash.
"4. Mr. Hodson, William Andrews, John Cooper, Roger Ailing, James Bishop.
"5. William Thompson, William Potter, Matthew Moulthrop, Christopher Todd, William Bradley, John Harriman.
"6. Henry Glover, Nicholas Elsey, John Moss, John Thompson, John Brockett, John Winston, Thomas Mix.
"7. Jeremy Howe, Nathaniel Merriman, Thomas. Barnes, George Smith, Timothy Ford, Ralph Lines, William Gibbons.
"8. Robert Hill, William Meeker, Ephraim Howe, Thomas Harrison, Matthew Rowe, John Johnson, Joseph Mansfield.
"9. Edward Parker, Thomas Lamson, William Trowbridge John Ailing, Edward Preston.

"In the short seats at the upper end.

"1. Mr. Rutherford, Mr. Mullener, John Punderson, David Atwater.
"2. Mr. Field, Mr. Augur, Mr. Nathanael Street, Ensign Munson.
"3. Sergt. Whitehead, Sergt. Russell, Joseph Alsop, John Chidsey.
"4. Thomas Trowbridge, Thomas Johnson, Jeremiah Osborne, Alien Ball.

"In the long seat next the wall.

"John Gilbert, Geo. Pardee, Wm. Holt.

"In the little seat.

"Thomas Kimberley, James Russell.

"Before this seat.

"Hen. Gibbons, Wm. Bassett.

Page 551

"In the side seats above the door.

"1. Thos. Powell, William Paine, James Clarke, Abraham Doolittle.
"2. Matthias Hitchcock, Andrew Low, Benj. Wilmot, John Thomas, Humph. Spinage.
"3. Edward Patteson, John Tuttle, Richard Sperry.
"4. John Sacket, Sam. Marsh, Peter Mallery, Robert Foot.

"Below the door.

"1. John Potter, Abraham Dickerman, Isaac Beecher, Thos. Kimberley, Jr.
"2. Jonathan Tuttle, James Eaton, John Clark, Isaac Turner.
"3. John Benham, Geo. Ross, Martin Tichener, Philip Leeke.
"4. Anthony Elcot, Joseph Benham, Richard Newman, Joseph Potter.
"5. Henry Morrell, Samuel Hodskins, John Brown, Wm. Pringle.

"Against the soldiers' seats.

"1. Sam. Blackley, Wlli. Wooden, Hen. Humiston, Wm. Wilmot.
"2. Ellis Mew, James Brooks, John Osbill, James Dennison.
"3. Wm. Chatterton, John Ware.

"Before the governor's seat.

"Thos. Wheeler, Wm. Thorp, Richard Hull, Francis Brown.

"Before Deacon Miles his seat.

"Jeremiah Whitnell, Thos. Morris, Richard Johnson.

"On the steps.

"John Jackson.

Page 552

"Before Mr. Rutherford's seat.

"Hen. Bristow, John Hall, Thos. Beamont, Hen. Lines.

"Before the pillar.

"Jeremiah Hull, Edward Perkins.

"In the long seats for women.

"1. Mrs. Goodyear, Mrs. Gilbert.
"2. Mrs. Gregson, Mrs. Davenport, Mrs. Street, Mrs. Jones.
"3. Sister Miles, Sister Peck, Sister Lindon, Sister Turtle, Sister Gibbard.
"4. Sister Davis, Sister Gibbs, Sister Rutherford, Sister Hodson, Sister Nash.
"5. Sister Atwater, Sister Johnson, sen,, Sister Judson, Sister Bishop, Sister Mix.
"6. Sister Bradley, Sister Todd, Sister Moss, Sister Moulthrop, Goodwife Potter, Wm. Russell's wife.
"7. Sister Osborne, Sister Thompson, Sister Talmadge, Sister Brockett, Sister Smith, Sister Doolittle.
"8. Goodwife Mansfield, Goodwife Hitchcock, Goodwife Harrison, Sister Merriman, Sister Barnes, John Johnson's wife.
"9. Ephraim Howe's wife, Ralph Lines's wife, John Potter's wife, Goodwife Spinage, Benj. Wilmot's wife, John Alling's wife.

"In the short seats at the upper end.

"1. Mrs. Allerton, Mrs. Mullener, Mrs. Yale, Hannah Lamberton.
"2. Sister Punderson, Sister Kimberly, Sister Elsey.
"3. Thomas Trowbridge's wife, Wm. Trowbridge's wife, Sister Thorp, Sister Daniel.
"4. Sister Howe, Thos. Johnson's wife, Sister Brown, Goodwife Paine.

Page 553

"In the long seat next the wall.

"Sister Mitchell, Sister Low, Sister Holt, Sister Hall, Sister Morris, Goodwife Ford, Sister Jackson.

"In the little short seat.

"Sister Ailing, Sister Parmelee.

"Before this seat.

"Sister Pennington, Sister Bristow.

"In the side seats above the door.

"1. Sister Powell, Sister Jones, Sister Chidsey, Goodwife Alsop.
"2. Sister Whitehead, Sister Humiston, Sister Bassett.
"3. Goodwife Pardee, Sister Thomas, Goodwife Gibbons, Goodwife Rowe.
"4. Goodwife Meeker, Sister Marsh, John Turtle's wife, Thos. Tattle's wife.

"Below the door.

"1. Sister Tichener, Sister Leeke, Goodwife Dickerman, Goodwife Foot.
"2. John Benham's wife, Joseph Benham's wife, Edward Preston's wife, Goodwife Hodskins.
"3. Goodwife Mallery, Hen. Lines's wife, John Brown's wife, Goodwife Beecher.
"4. Goodwife Newman, Goodwife Humiston, Joseph Potter's wife, Goodwife Wooden.

"Before Deacon Peck's seat.

"Sister Parker, Sister Beamont, Goodwife Ball.

"Before Mrs. Goody ear's seat.

"Sister Harriman, Sister Glover, Sister Munson, James Russell's wife.

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"Before Mrs. Allerton's seat.

"Sister Field, Sister Clark, Goodwife Sperry.

"Before the pillar.

"Sister Cooper.

"Sister Andrews and Sister Boykin had liberty, for convenience of hearing, to sit in the alley."



Page 555

APPENDIX V.
HOPKINS GRAMMAR SCHOOL.

[The full text of Mr. Davenport's Deed of Trust mentioned on p. 291]

To all Christian people to whom these presents shall come, I John Davenport, sen., pastor of the Church of Christ at New Haven in New England, send greeting:

Whereas Edward Hopkins, Esquire, sometime of Hartford in the colony of Connecticut in New England aforesaid, governor, and since in Old England deceased, by his last will and testament in writing, bearing date the 7th of March, 1657, did give and bequeath to his father-in-law Theophilus Eaton, Esquire, then governor of New Haven colony, the said John Davenport, Mr. John Cullick and Mr. William Goodwin sometime of Hartford aforesaid, all the residue and remainder of his estate in New England (his due debts being first paid and legacies discharged), and also the sum of L500 out of his estate in Old England within six months after the decease of his wife, Mrs. Anne Hopkins, by the advice of Mr. Robert Thompson and Mr. Francis Willoughby to be made over and conveyed into the hands of the said trustees in New England, in full assurance of their trust and faithfulness in dispose of the said remainder of his estate in New England and of the said £500 in Old England, according to the true intent and purpose of him, the said Edward Hopkins, declared in his said will, viz., for the encouragement and breeding up of hopeful youths, both at the grammar school and college, for the public service of the coun-

Page 556

try in these foreign plantations, as in and by the will doth and may more fully and at large appear.

And whereas the said Mr. William Goodwin and the said John Davenport, the only surviving trustees of the above-named Edward Hopkins, by an instrument or writing under our hands and seals bearing date the 27th of April, 1664, have agreed upon an equitable division, settlement, and dispose of the said remainder of estate above mentioned, received or secured by us severally, or our attornies, and of the said £500, to the use or uses aforesaid; whereby the sum of £412, part of the said remainder besides the full moiety or half part of the said £500, when it shall become due and received as aforesaid, is by me, the said John Davenport, to be disposed of according to the true intent and meaning of the said testator, as in the said instrument or writing agreed upon: know ye therefore that I, the said John Davenport, in pursuance of the said trust in me reposed, and that the grammar school or college at New Haven already founded and begun may be provided for, maintained, and continued for the encouragement and bringing up of hopeful youths in the languages and other good literature, for the public use and service of the country, according to the sincere and true intent of the donor as above mentioned, and to no other use, intent, or purpose whatsoever, do give, grant, infeoif, and confirm, and have by these presents given, granted, infeoffed, and confirmed unto Mr. William Jones, assistant of the colony of Connecticut, the reverend Mr. Nicholas Street, teacher of the Church of Christ at New Haven, Mr. Matthew Gilbert, Mr. John Davenport, jun. and James Bishop, commissioned magistrates, Deacon William Peck, and Roger Ailing, and to their successors to be nominated, appointed, and chosen as hereafter in these presents is ordered and directed, the said sum of £412, and the said moiety or half-part of the said £506, and all and every other sum or sums of money, or other estate which is or may be due by virtue of the aforesaid grant or agreement for-

Page 557

ever, under the name or title of the Committee of Trustees for the said trust, invested hereby with full power and authority to improve and dispose of the said sums or estate as before expressed, and to oversee, regulate, order, and direct the said grammar or collegiate school according to their best skill, understanding, and ability, in pursuance of the said trust and ends, in full assurance that they, the said committee and their successors regularly chosen and appointed, shall so manage and dispose of the said sums or other estate herein mentioned, to the true ends, purposes, and intents of the said donor, in his last will and testament declared and expressed, and to the true meaning and intent of me, the said John Davenport, in these presents before declared and directed, or to be hereby further declared and directed, and not otherwise: that is to say, for the purchasing a farm or farms for a yearly revenue for the school­master, or building such dwelling-house for the schoolmaster as the said committee, their successors, or the major part of them, shall judge necessary and convenient; and the said house and present school-house (being granted and confirmed by the said town of New Haven for the use of the said school) to uphold, maintain, and keep in good and sufficient repair from time to time, out of the rents, issues, and profits of the said money or estate so given and granted as aforesaid. And the said committee, or the major part of them, or of their successors, meeting together from time to time, in some convenient place and agreeing, are hereby fully empowered and authorized to consult, determine, and conclude, act, and do in the premises as is above ordained, appointed, and directed, and to conclude, act, and do, all other thing or things thereabouts in pursuance of the said trust and the true meaning and intent of the foresaid donor, as fully and amply as I, the said John Davenport, by virtue of the trust to me committed in and by the said will, or by any other way or means whatsoever might lawfully do in the dispose of the said estate, all, or any part of it,

Page 558

to the ends aforesaid; and do further invest them, the said committee and their successors, and the major part of them, with full power, authority, and trust, to order, regulate, and direct the said collegiate school, by such laws' and rules as are by me provided, or shall be further as additionals by them, or the major part of them, judged necessary and expedient for the better ordering, regulating, and directing of the said school for the advancement of learning and good government therein; and to make choice of such schoolmaster (and usher, if need be) as they shall approve of to be sufficiently qualified to undertake such a charge, and able to instruct and teach the three learned languages, Latin, Greek, and Hebrew, so far as shall be necessary to prepare and fit youth for the college; and to state and allow out of the said rents and profits such yearly stipend and salary toward his or their encouragement and maintenance as they, the said committee, or the major part of them, or of their successors, shall judge meet and convenient; and also upon just grounds, either insufficiency, wilful neglect of trust, scandal, or the like causes, to exclude or remove him or them upon due proof and conviction of such offences, and to provide, to nominate, and choose some other fit person or persons in his or their room and place. And that there may be a certain and orderly succession of able and fit persons to manage the several trusts herein before mentioned in the room and place of any of the said committee or trustees before named, that shall die or remove his or their dwelling from New Haven afore­said, the said committee, or the major part of them surviving, shall immediately, or at furthest within three months after, choose such other person or persons of known integrity and faithfulness, to succeed in the room and place of any such person or persons so dying or removing as aforesaid, that the work may be carried on (in the said grammar or collegiate school) hereby committed to them, that so learning may be duly encouraged and furthered therein, in the training up of such hopeful youth

Page 559

as, in time, by the blessing of God upon good endeavors, may be fitted for public service in church and commonwealth, for the upholding and promoting of the kingdom of our Lord Jesus Christ in these parts of the earth, according to the true and sincere desire and ends of the aforesaid Worthy Donor in his said last will and testament mentioned and expressed. And because I stand under an engagement to attend the will of the said donor deceased, that his ends may be attained in the dispose of his said legacy, if the said committee or their successors shall find the said ends by this grant not attained at New Haven, and that the said grammar or collegiate school hereby endowed and provided for, should be dissolved and wholly cease, I do obtest them by the will of the dead, which no man may alter, and by the trust committed to me and them, whereof we must give our account to the great Judge of all, that this gift of the said Edward Hopkins, Esquire, deceased, be by them the said committee wholly transferred and disposed of elsewhere, where the said ends may be attained. But if the true ends of the testator, and of this settlement be attained at New Haven, I stand firm to the place in this my grant, reserving nevertheless to myself in all cases, matters, and things respecting the laying out or improvement of the said estate, as aforesaid, for the said school, full power of a negative voice whilst it shall please God to continue my living and abiding in this country, or any part of it, to hinder and prevent any act or acts, thing or things, to be acted or done in or about the premises, to the detriment of the said estate, or contrary to the said trust to me committed and hereby transferred to the said committee and their successors aforesaid, upon this further condition, that the rent, profit, and improvement of the Oyster-shell Field, containing by estimation forty acres, more or less, formerly separated and reserved for the use and benefit of a college at New Haven, and also one other field commonly called Mrs. Eldred's lot, containing by estimation three acres

Page 560

more or less, be to the use of the said school at New Haven forever settled, ratified, and confirmed by the said town accordingly. And to prevent any further re-interruption which this settlement by me made may meet with by reason of a former grant of the abovesaid sum or sums of money and estate for encouragement of a colony school at New Haven, made by a memorandum in writing under my hand, containing sundry particulars to that purpose, and bearing date the fourth day of the fourth month, 1660, the same being registered in the records of the then General Court, and by the said Court at the time approved and accepted, as by the said records, page 260, doth appear, I therefore, the said John Davenport, in regard that the said Court by their act bearing date the 5th of November, 1662, for sundry reasons therein alleged, did lay down and discharge the said school, and withdraw the yearly exhibition by them formerly allowed, whereby (the said school being so dissolved) the said grant by me made became null and void: I do therefore hereby declare the same to be null and void accordingly, any thing in the said writing or memorandum to the contrary notwithstanding. And the grant herein made of the premises to be good against the same, and against all or any other pretences whatsoever, according to my true intent and meaning herein before declared and expressed. In witness whereof I have hereunto set my hand and seal the eighteenth day of the second month, commonly called April, one thousand six hundred, sixty and eight.

john davenport, Senior.

Signed, sealed, and delivered by the Reverend Mr. John Davenport, senior, as his act and deed, in the presence of benjamin ling, john hodson. This is a true record of the original examined by me.

james bishop, Recorder.



Page 561

APPENDIX VI.
NEW HAVEN'S REMONSTRANCE

THE Remonstrance or Declaration sent to the General A Assembly of Connecticut Colony from this Court is as follows:-

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, namely: to advance the kingdom of our Lord Jesus Christ, and to enjoy the liberties of the gospel in purity with peace, for which we left our dear native country and were willing to undergo 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, arid 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 woe, which we pray the lord in mercy to prevent. And, whereas, in the

Page 562

pursuance of said ends,- and upon other religious and civil considerations, as the security of the interest of each colony within its self 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 duty 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, whereunto we conceive ourselves bound to adhere, until with satisfaction to our judgments and consciences we see our duty, with like unanimous consent of the confederates, 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 favour upon their humble petition to his 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 contrivement, 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 (in our 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 form being dissolved, and distinction ceasing, there being no one line or letter in the Patent expressing his Majesty's pleasure that way, although it is your sense of it, yet we cannot 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

Page 563

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 sundry 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, and hazard of our lives and liberties by then- frequent threats and unsufferable provocations, hath been and is with us a 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 governments, finding ourselves so already 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 time 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

Page 564

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 had set up, viz., a constable at Stamford), of which informations have been given you, yet you have gone further to place a constable at Guilford, in like 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 but on behalf of our appeal to his Majesty, whose honor 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 ease and right us in a due redress of the grievances you have caused by these proceedings, such, 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 ajtering our distinct colony 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 to tell you, whatever we

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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 favor our righteous cause.

Subscribed in the name and by order of the General Court of New Haven Colony. james bishop, Secretary.

new haven, May 6, 1663,



Page 566

APPENDIX VII.
NEW HAVEN'S CASE STATED

[To the honored John Winthrop, Esq., Governor, or to the honored Major Mason, Defuty Governor of Connecticut Colony, to be communicated to the honored the General Assembly for the said Colony.]

honored and beloved in the lord, - We, the General Court of New Haven Colony, being sensible of the wrongs which this Colony hath lately suffered by your unjust pretences and encroachments upon our just and proper rights, have unanimously consented, though with grief of heart, being compelled thereunto, to declare unto you and unto all whom the knowledge thereof may concern, what yourselves do or may know to be true, as followeth,

1. That the first beginners of these plantations by the seaside in these western parts of New England, being engaged to sundry friends in London and in other places about London, (who purposed to plant, some with them in the same town, and others as near to them as they might,) to provide for themselves some convenient, places by the sea-side, arrived at Boston in the Massachusetts (having a special right in their Patent, two of them being joint purchasers of it with others, arid one of them a patentee and one of the assistants chosen for the New England Company in London,) where they abode all the winter following, but not finding there a place suitable for their purpose, were persuaded to view these parts, which those that viewed approved, and before their removal, finding that no

Page 567

English were planted in any place from the fort (called Saybrook) to the Dutch, purposed to purchase of the Indians, the natural proprietors of those lands, that whole tract of land by the sea-coast for themselves and those that should come to them, which they also signified to their friends at Hartford in Connecticut Colony, and desired that some fit men from thence might be employed in that business, at their proper cost and charges who wrote to them. Unto which letter having received a satisfying answer, they acquainted the court of magistrates of Massachusetts Colony with their purpose to remove and the grounds of it, and with their consent began a plantation in a place situated by the sea, called by the Indians Quillipiac, which they did purchase of the Indians the true proprietors thereof, for themselves and their posterity, and have quietly possessed the same about six and twenty years, and have buried great estates in buildings, fencings, clearing the ground, and in all sorts of husbandry, without any help from Connecticut or dependence upon them. And by voluntary consent among themselves they settled a civil court and government among themselves, upon such fundamentals as were established in Massachusetts by allowance of their patent, whereof the then governor of the Bay, the Right Worshipful Mr. Winthrop sent us a copy to improve for our best advantage. These fundamentals all the inhabitants of the said Quillipiac approved, and bound themselves to submit unto and maintain, and chose Theophilus Eaton, Esq.; to be then- governor, with as good right as Connecticut settled their government among themselves and continued it above twenty years without any patent.

2. That when the help of Mr. Eaton our governor and some others from Quillipiac was desired for ending of a controversy at Wethersfield, a town in Connecticut Colony; it being judged necessary for peace that one party should remove their [371] dwellings, upon equal satisfying terms proposed, the governor, magistrates, etc., of Connecticut offered for their part

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that if the party that would remove "should find a fit place to plant in upon the river, Connecticut would grant it to them; and the governor of Quillipiac, (now called New Haven) and the rest there joined with him and promised that if they should find a fit place for themselves by the sea- side, New Haven would grant it to them, which accordingly New Haven performed, and so the town of Stamford began and became a member of New Haven Colony, and so continueth unto this day. Thus in a public assembly in Connecticut was the distinct right of Connecticut upon the river and of New Haven by the sea-side declared with consent of the governor, magistrates, ministers and better sort of the people of Connecticut at that time.

3. That sundry other townships by the sea-side, and Southhold on Long Island (being settled in their inheritances by right of purchase of then: Indian proprietors,) did voluntarily join themselves to New Haven to be all under one jurisdiction, by a firm engagement to the fundamentals formerly settled in New Haven, whereupon it was called New Haven Colony. The general court being thus constituted, chose the said Theophilus Eaton, Esq.; a man of singular wisdom, godliness and experience to be the governor of New Haven Colony, and they chose a competent number of magistrates and other officers for the several towns. Mr. Eaton so well managed that great trust that he was chosen governor every year while he lived. All this time Connecticut never questioned what was done at New Haven, nor pretended any right to it, or to any of the towns belonging to this colony, nor objected against our being a distinct colony.

4. That when the Dutch claimed a right to New Haven and all along the coast by the sea side, it being reported they would set up the prince of Orange's arms, the governor of New Haven to prevent that, caused the king of England's arms to be fairly cut in wood and set upon a post in the highway by the

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sea-side, to vindicate the right of the English, without consulting Connecticut, or seeking their concurrence therein.

5. That in the year 1643, upon weighty considerations, an union of four distinct colonies was agreed upon by all' New England (except Rhode Island) in their several general courts, and was established t>y a most solemn confederation, whereby they bound themselves mutually to preserve unto each colony its entire jurisdiction within itself respectively, and to avoid the putting of two into one by any act of their own without consent of the commissioners from the four united colonies, which were from that time and still'are called and known by the title of the four United Colonies of New England; of these colonies New Haven was and is one. And in this solemn confederation Connecticut joined with the rest and with us.

6. That in the year 1644, the General Court for New Haven Colony, then sitting in the town of New Haven, agreed unanimously, to send to England for a Patent, and in the year 1645, committed the procuring of it to Mr. Gregson, one of our magistrates, who entered upon his voyage in January that year from New Haven, furnished with some beaver in order thereunto as we suppose, but by the providence of God, the ship and all the passengers and goods were lost at sea in their passage toward England, to our great [loss] and the frustration of that design for that time; after which the troubles in England put a stop to our proceedings therein. This was done with the consent and desire of Connecticut to concur with New Haven therein; whereby the difference of times and of men's spirits in them may be discovered, for then the magistrates of Connecticut with consent of their General Court knowing our purposes, desired to join with New Haven in procuring that patent for common privileges to both in their distinct jurisdictions, and left it to Mr Baton's wisdom to have the patent framed accordingly. But now they seek to procure a patent without the concurrence of New Haven, and contrary to our minds

Page 57O

expressed before this patent was sent for, and to their own promise, and to the terms of the confederation; and without sufficient warrant from then- patent they have invaded our right, and seek to involve New Haven under Connecticut jurisdiction.

7. That in the year 1646, when the commissioners first met at New Haven, Kieft, the then Dutch governor, by letters expostulated with the commissioners, by what warrant they met at New Haven without his consent, seeing it and all by the sea-coast belonged to his principals in Holland, and to the Lords the States General. The answer to that letter was framed by Mr. Eaton, governor of New Haven and then president of the commission, approved by all the commissioners, and sent in their names, with their consent, to the then Dutch governor, who never replied thereunto.

8. That this colony in the reign of the kte King Charles the first, received a letter from the committee of Lords and Commons for foreign plantations, then sitting at Westminster, which letter was delivered to our governor Mr. Eaton, for freeing the several distinct colonies of New England from molestations by the appealing of troublesome spirits unto England, whereby they declared that they had dismissed all causes depending before them from New England, and that they advised all inhabitants to submit to their respective governments there established, and to acquiesce when their causes shall be there heard and determined; as it is to be seen more largely expressed in the original, which we have subscribed,

Your assured friends,
Pembrook, Manchester, Warwick,
W. Say &Amp; Seal, Fr. Dacre, etc, Denbigh.

In this order they subscribed their names with their own hands, which we have to show, and they inscribed or directed this letter,

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To our worthy friends, the governor and assistants of the plantations of New Haven, in New England.

Whereby you may clearly see that the right honorable the earl of Warwick and the lord viscount Say and Seal (lately one of his majesty's that now is, King Charles the second his most honorable privy council, as also the right honorable earl of Manchester still is,) had no purpose, after New Haven Colony situated by the seaside was settled to be a distinct government, that it should be put under the patent for Connecticut, whereof they had only framed a copy, before any house was erected by the sea-side from the fort to the Dutch, which yet was not signed and sealed by the last king for a patent, nor had you any patent till your agent Mr. Winthrop procured it about two years since.

9. That in the year 1650, when the commissioners for the four United Colonies of New England met at Hartford, the now Dutch governor being then and there present, Mr. Eaton, the then governor of New Haven Colony, complained of the Dutch governor's encroaching upon our colony of New Haven, by taking under his jurisdiction a township beyond Stamford, called Greenwich. All the commissioners (as well for Connecticut as for the other colonies)' concluded that Greenwich and four miles beyond it belongs to New Haven jurisdiction, whereunto the Dutch governor then yielded, and restored it to New Haven Colony. Thus were our bounds westward settled by consent of all.

10. That when the honored governor of Connecticut, John Winthrop, Esq., had consented to undertake a voyage for England to procure a patent for Connecticut, in the [year] 1661, a friend warned him by letter not to have his hand in so unrighteous an act, as so far to extend the line of their patent "that the colony of New Haven should be involved within it. For answer thereunto, he was pleased to certify that friend in

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two letters which he wrote from two several places before his departure, that no such thing was intended, but rather the contrary, and that the magistrates had agreed and expressed in the presence of some ministers, that if their line should reach us, (which they knew not, the copy being in England,) yet New Haven Colony should be at full liberty to join with them or not. This agreement, so attested, made us secure, who else could have procured a patent for ourselves, within our own known bounds, according to purchase, without doing any wrong to Connecticut in their just bounds and limits.

11. That notwithstanding all the premises, in the year 1662, when you had received your patent under his majesty's hand and seal, contrary to your promise and solemn confederation and to common equity, at your first general assembly (which yet could not be called general without us, if we were under your patent, seeing none of us were by you called thereunto,) you agreed among yourselves to treat with New Haven Colony about union, by your commissioners chosen for that end, within two or three days after that assembly was dissolved, but before the ending of that session you made an unrighteous breach in our colony, by taking under your patent some of ours from Stamford, and from Guilford, and from Southhold, contrary to your engagements to New Haven Colony, and without our consent or knowledge. This being thus done, some sent from you to treat with us showed some of ours your patent, which being read, they declared to yours that New Haven Colony is not at all mentioned in your patent, and gave you some reasons why they believed that the king did not intend to put this colony under Connecticut without our desire or knowledge; and they added that you took a preposterous course in first dismembering this colony, and after that treating wifh it about union, which is as if one man purposing to treat with another about union first cut off from him an arm and a leg and an ear, then to treat with him about union. Reverend Mr. Stone also, the teacher

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of the church at Hartford, was one of the committee, who being asked what he thought of this action, answered that he would not justify it.

12. After that conference, our committee sent, by order of the General Court, by two of our magistrates and two of our elders, a writing containing sundry other reasons for our not joining with you, who also finding that you persisted in your own will and way, declared to you our own resolution to appeal to his majesty to explain his true intendment and meaning in your patent, whether it was to subject this colony under it or not; being persuaded, as we still are, that it neither was or is his royal will and pleasure to confound this colony with yours, which would destroy the so long continued, and so strongly settled distinction of the four United Colonies of New England, without our desire or knowledge.

13. That accordingly we forthwith sent our appeals to be humbly presented to his majesty by some friends in London, yet out of our dear and tender respect to Mr. Winthrop's peace and honor, some of us advised those friends to communicate our papers first to honored Mr. Winthrop himself, to the end that we might find out some effectual expedient to put a good end to this uncomfortable difference between you and us; else to present our humble address to his majesty. Accordingly it was done, and Mr. Winthrop stopped the proceeding of our appeal by undertaking to our friends that matters should be issued to our satisfaction, and in order thereunto he was pleased to write a letter to Major Mason your deputy governor, and the rest of the court of Connecticut Colony, from London, dated March 3d, 1662, in these words:-

gentlemen, - I am informed by some gentlemen-who are authorized to seek remedy here, that since you had a late patent there hath been injury done to the government of Newhaven, and in particular at Guilford and Stamford in admitting several of the inhabitants there unto freedom with you, and appointing officers, which hath caused division in the said

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towns, which may 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 would be for advantage to both; and farther, I must let you know that testimony here doth 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 representation, how far you are engaged, if any injury hath been done by admitting of freemen, or appointing officers, or any other intermeddling with New Haven Colony in one kind or other without approbation of the governments, that it be forthwith recalled, and that for the future there will be no imposing 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 haveing engaged to their agents here that this will be by you performed, and they have thereupon forborne to give you or me any further trouble. But they do not doubt but upon future consideration there may be such a right understanding between both governments that a union and friendly joining may be established to the satisfaction of all, which at my arrival I shall endeavor (God willing) to promote. Not having more at present in this case, I rest,

Your humble servant john winthrop. The copy of this letter was sent to Mr. Leete unsealed, with Mr. Winthrop's consent, and was written by his own hand, and the substance of this agreement between some of our friends in London is fully attested by them in their letters to some of us. Say not that Mr. Winthrop's acting in this agreement is nothing to you, for he acted therein as your public and common agent and plenipotentiary, and therefore his acting in that capacity and relation are yours in him.

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14. That after Mr Winthrop's return, when some from you treated again with our committee about union, it was answered by our committee that we could not admit any treaty with you about this matter till we might treat as an entire colony, our members being restored to us whom you have unrighteously withheld from us, whereby also those parties have been many ways injurious to this government, and disturbered of our peace; which is and will be a bar to any such treaty till it be removed, for till then we cannot join with you in one government without our fellowship in your sin.

15. That after this, nothing being dqne by you for our just satisfaction, at the last meeting of the commissioners from the four United Colonies of New England, at Boston on the -- day of September, 1663, the commissioners from New Haven Colony exhibited to the other commissioners their confederates, a complaint of the great injuries done to this colony by Connecticut, in the presence of your commissioners, who for answer thereunto showed what treaties they had made with New Haven, but that plea was inconsiderable through your persisting in unrighteously withholding our members from us, whereby our wounds remain unhealed, being kept open and continually bleeding. The result of the commissioner's debates about that complaint was in these words, "The commissioners of Massachusetts and Plymouth having considered the complaints exhibited by New Haven against Connecticut, for infringing their power of jurisdiction, as in the complaint is more particularly expressed, together with the answer returned thereto by Connecticut commissioners, with some other debates and conferences that have passed between them, do judge meet to declare, that the said Colony of New Haven being owned in the Articles of Confederation as distinct from Connecticut, and having been so owned by the colonies in this present meeting, in all their actings, may not by any act of violence have their liberty of jurisdiction infringed by any other of the United

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Colonies without breach of the Articles of Confederation, and that where any act of power hath been exerted against their authority that the same ought to be recalled, and their power reserved to them entire, until such time as in an orderly way it shall be otherwise disposed. And for particular grievances mentioned in their complaint, that they be referred to the nexf meeting at Hartford," etc.

We suppose that when they speak of disposing it otherwise in an orderly way, they mean with our free consent, there being no other orderly way by any act or power of the United Colonies for disposing the colony of New Haven otherwise than as it is a distinct colony, having entire jurisdiction within itself, which our confederates are bound by their solemn confederation to pursue inviolate.

16. That before your general assembly in October last, 1663, our committee sent a letter unto the said assembly, whereby they did request that our members by you unjustly rent from us should be by you restored unto us, according to our former frequent desires, and according to Mr. Winthrop's letter and promise to authority in England, and according to justice and according to the conclusion of the commissioners in their last session at Boston, whereunto you returned a real negative answer contrary to all the promises, by making one Brown your constable at Stamford; who hath been sundry ways injurious to us and hath scandalously acted in the highest degree of contempt, not only against the authority of this jurisdiction but also of the king himself, pulling down with contumelies the declaration which was sent thither, by the Court of magistrates for this colony, in the king's name, and commanded to be set up in a public place that it might be read and obeyed by all his majesty's subjects inhabiting our town of Stamford.

17. That thereupon at a general court held at New Haven for the jurisdiction, the 22d of October, 1663, the deputies for this general court signified the mind of our freemen as not at all

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satisfied with the proposal of the committee from Connecticut, but thought there should be no more treaty with them unless they first restore us to our right state again. The matter was largely debated, and this general court considering how they of Connecticut do cast off our motion in the forementioned letter and give us no answer, but that contrary thereunto, as is reported, they have further encouraged those at Guilford and Stamford, therefore this court did then order that no treaty be made by this colony with Connecticut before such acts of power exerted upon any of our towns be revoked and recalled, according to honored Mr. Winthrop's letter engaging the same, the commissioners' advice, and our frequent desires.

18. That in this juncture of time we received two letters from England, mentioned in the following declaration published by the court of magistrates upon that occasion, in these words; Whereas;this colony hath received one letter under his majesty's royal hand and seal (manual in red wax) annexed, bearing date the 2ist of June, 1663, from his royal court at Whitehall, directed To his trusty and well beloved subjects the governors and assistants of the Massachusetts, Plymouth, New Haven and Connecticut colonies in New England; and one other letter from the lords of his majesty's most honorable privy council, from his majesty's court aforesaid, bearing date the 24th of June in the year aforesaid, superscribed, For his majesty's special service, and directed To our very loving friend John Endicott, Esquire, governor of his majesty's plantations in New England, and to the governor and council of the colony of the Massachusetts, with the rest of the governors of the English plantations in New England respectively, and by order of the general court at Boston recorded in the court it is particularly directed to the governor of the colony of New Haven; in which letters his majesty hath commanded this colony many matters of weight, very much respecting his majesty's service and the good of this country in general, expecting

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upon displeasure the strict observance thereof, which this Court (this colony being situated by the sea-side, and so fitly accommodated to fulfil his majesty's commands) are resolved to their utmost to obey and fulfil. But in their consultation thereabout, they find through the disloyal and seditious principles and practices of some men of inconsiderable interests, some of his majesty's good subjects in this colony have been seduced to rend themselves from this colony, by which division his majesty's affairs in these parts are like to suffer, the peace of this country to be endangered, and the heathen among us scandalized, in case some speedy course be not taken for the prevention thereof, the which if we should connive at, especially at this time his majesty having so particularly directed his royal commands to this colony aforesaid, we might justly incur his displeasure against us. This court therefore doth in his majesty's name require all the members and inhabitants of this colony heartily to close with the endeavors of the governor and assistants thereof for fulfilling his majesty's commands in the said letter expressed, and in order thereunto to return to, their due obedience and paying their arrears of rates for defraying the necessary charges of the colony, and other dues, within six days after the publication hereof, unto such person or persons as are or shall be appointed to collect the same, in attendance to the laws and orders of this colony. All which being done this court shall forever pass by all former disobedience to this government; but if any shall presume to stand out against his majesty's pleasure so deckred as aforesaid concerning this colony, at their peril be it. This Court shall not fail to call the said persons to agstrict accdunt and proceed against them as disloyal to his majesty and disturbers of the peace of this colony, according to law.

19. This declaration being grounded in general upon his majesty's commands expressed in these letters, and in special in order to the preservation of his majesty's customs in that

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case provided for by act of this present parliament, which act was sent inclosed with the letter to our governor, requiring his strict observance of the same under the penalty of displacing and a thousand pounds fine, and therefore in case any difference should arise to his majesty upon these accounts, we must be inforced to lay the cause of it at your door, because when it was sent to the several towns of this colony, and set up in public places to be seen and read of all, that all might obey it, it was at Stamford violently plucked down by Brown your constable, and with reproachful speeches rejected, though sent in his majesty's name, and by the authority of our court of magistrates. And after it was published at Guilford, Bray Rosseter and his son hastened to Connecticut to require your aid against this government, which accordingly you too hastily performed, for on the 3Oth of December, 1663, two of your magistrates with sundry young men and your marshal came speedily to Guilford accompanying Rosseter and his son, and countenancing them and their party against the authority of this general Court, though you know how obnoxious they were formerly to this jurisdiction, for contempt of authority and seditious practices, and that they have been the ringleaders of this rent, and that Bray Rosseter the father hath been long and still is a man of a turbulent, restless, factious spirit, and whose design you have cause to suspect to be to cause a war between these two colonies, or to ruin New Haven colony; yet him you accompanied in opposition to this colony, without sending or writing before to our governor to be informed concerning the truth in this matter. Sundry horses, as we are informed, accompanied them to Guilford, whither they came at unseasonable hour, about ten o'clock in the night these short days, when you might rationally think that all the people were gone to bed, and by shooting of sundry guns, some of yours or of their party in Guilford alarmed the town, which when the governor took notice of, and of the unsatisfying answer given to such as inquired the

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reason of that disturbance, he suspected, and that not without cause, that hostile attempts were intended by their company, whereupon he sent a letter to New Haven to inform the magistrates there concerning matters at Guilford, that many were afirighted, and he desired that the magistrates of New Haven would presently come to their succor and as many troopers as could be got, alleging for a reason his apprehension of their desperate resolutions. The governor's messengers also excited to haste, as apprehending danger and reporting to them that Branford went up in arms hastening to their relief at Guilford, which the governor required with speed. Hereupon New Haven was also alarmed that night by beating the drum, etc., to warn the town militia to be ready, etc. This fear was not causeless, for what else could be gathered from the preparations of pistols, bullets, swords, etc., which they brought with them, and by the threatening speeches given out by some of them, as is attested by the depositions of some and subscriptions of others, which we have by us to show when need require; and your two magistrates themselves, who ought to have kept the king's peace among their own party and in their own speeches, threatened our governor that if any thing was done against those men, i. e., Rosseter and his party, Connecticut would take it as done against themselves, for they were bound to protect them; and they rose high in threatenings, yet they joined therewith their desire of another conference with New Haven, pretending their purpose of granting to us what we would desire, so far as they could, if we would unite with them; but still they held our members from us and upheld them in their animosities against us. Is this the way to union? and what can you grant us which we have not in our own right within ourselves without you? Yea, it is the birthright of our posterity which we may not barter away from them by treaties with you. It is our purchased inheritance, which no wise man would part with upon a treaty to receive in lieu thereof a lease of the same, upon

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your terms who have no right thereunto. And why is our union with you by our coming under your patent urged now as necessary for peace seeing we have enjoyed peace mutually while we have been distinct colonies for about twenty years past. And why do you separate the things which God hath joined together, viz. righteousness and peace, seeing you persist in your unrighteous, dealing with us, and persuade us to peace. It is true we all came to New England with the same ends, and that we all agree in some main things, but it doth not follow from thence we ought therefore to unite with you in the same jurisdiction, for the same may be said of all the united colonies, which nevertheless are distinct colonies.

20. That upon a more diligent search of your patent, we find that New Haven colony is not included within the line of your patent, for we suppose that your bounds, according to the expression of your patent may be in a just grammatical construction so cleared, as that this colony, in every part of it may be mathematically demonstrated to be exempted from it.

21. That the premises being duly weighed, it will be your wisdom and way to desist wholly and forever from endeavoring to draw us into a union under your patent by any treaty for the future, and to apply yourselves to your duty towards God, the king, and us. First, Towards God, that you fear him, and therefore repent of your unrighteous dealing with us, and reform what you have done amiss, by restoring our members without delay unto us again, that you may escape the wrath of God which is revealed from heaven against all unrighteousness and against all that dishonor his holy name, especially among the heathen, which you have done thereby. 2. Toward the king, that you honor him by looking at us as a distinct colony within ourselves, as you see by the premises his. majesty doth, and by restorin[g] us to our former entire state, and our members to us in obedience to his majesty who hath commanded us, as a distinct colony, to serve him in weighty affairs,

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and wherein if you hinder us, (as you will if you still withhold our members from us, as much as in you lyeth,) you will incut his majesty's just and high displeasure, who hath not given you in your patent the least appearance of a just ground for your laying any claim to us. 3. Towards us, your neighbors, your brethren, your confederates, by virtue whereof it is your duty to preserve unto us our colony state, power, and privileges, against all others that would oppose us therein or encroach upon us. Is Rosseter of such value with you that what this jurisdiction doth against them your colony will take it as done to themselves? But if it be said, as one of your committee is reported to express it, that you must perform your promise to them, as Joshua and elders of Israel did to the Gibeonites, do you not see the sundry disparities between that vow and yours? or do you indeed make conscience of your vow to Gibeonites, if you term them so, and without regard to your consciences break your promise and most solemn confederation to Israelites? Doubtless it will not be safe for this colony to join in one government with persons of such principles and practices; no treaty will be able to bring us to it. We believe that our righteous God, to whom we have solemnly and publicly commended and committed our righteous cause, will protect us against all that shall any way wrong and oppress us; neither will we at all doubt the justice of his majesty, our king as well as yours, and of his most honorable council, but that upon hearing the business opened before them they will effectually relieve us against your unjust encroachments, as the matter shall require. We desire peace and love between us, and that we may for the future live in love and peace together as distinct neighbor colonies, as we did above twenty years together before yott received and misunderstood and so abused your patent, and in hope that our uncomfortable and afflictive exercises, by your encroachments upon our rights would issue therein, we have so long borne what we have suffered for peace

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sake; now it is high time that we bring these unbrotherly contests, wherewith you have troubled us, to a peaceable issue. In order thereunto, we do offer you this choice, either to return our members unto us voluntarily, which will be your honor and a confirmation of our mutual love, or to remove them to some other plantation within your own bounds, and free us wholly from them; for we may not bear it that such foedifragous, disorderly persons shall continue within the towns belonging to this colony, to disturb our peace, despise our government, and disquiet our members, and disable us to obey the king's commands. But if they stay where they now are, we shall take our time to proceed according to justice; especially with Brown, for his contempt of the declaration, and therein of the king's commands and of the authority of this jurisdiction, and with Bray Rosseter and his son for all then seditious practices. Lastly for prevention of any misapprehension, we crave leave to explain our meaning in any passages in this writing, which may seem to reflect censure of unrighteous dealing with us, upon your colony or general assembly, that we mean only such as have been active instruments therein. From the committee, by order of the General Court of New Haven Colony, james bishop, Secretary, new haven, March 9, 1662. [In these papers is a copy of the answer of the New Haven Case

Stated, and New Haven Plea, March, 1662.

"honored gentlemen and neighbors, - We have, according to our promise in our last to you (sent by your messengers), considered what you sent to us, and, by way of answer, we return as followeth.

You are pleased to term our claims and our claiming our interest, an unjust pretence and encroachment upon your just and

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proper rights. To untie this knot and pretence of yours, in all the particulars of it, states the whole case you have presented in your large schedule and multiloquous pennings; therefore as methodically as we can, and curt, as the little time we have allowed and our other weighty concernments will permit, in few words we have addressed ourselves for resolution and your conviction.

It is not a pretence, but a reality that we do and have acted upon; we are a delegated power and act under a superior head, yours and ours, if we both know our standing, upon whose interest we do and must act; and our acting so shows our loyalty to our sovereign and is no way dissonant to a religious rule, and therefore our consciences' not to be charged with delinquency therein; (we forbear to gird, though we have your copy for it before us); and if with a single, not self-willed eye, you be pleased to peruse and weigh what we have already promised, the next particular in order is resolved; we will set to it a seal, a broad seal, which we doubt not will confirm the justice of all our actings towards yourselves, if our great forbearance prove not prejudicial to us, we being trustees in charge; and then if what we claim be just and really just, what you assume to yourselves belongs to us; what you have aspersed us withal, apply it to yourselves; if you can disprove what we have rightly affirmed, then you must countermand our allegation with as eminent a delegation and sealed with as broad a seal also, yet then it would not be so eminently evident, but doubtful and admit a trial, because the plea of priority would be ours and not yours, and you well know that is a good plea in the law.

As for your consultations with friends in England, intentions and ends propounded to yourselves, we see no more argument of force in such precedaneous discourses than in a dream of rich revenues to an awaking poor man; of the same nature it is to be one joining in the purchase of the Massachusetts patent and a patentee, because the privileges thereof extend not Beyond

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the limits of the same, for our purchasing of one piece of land gives us no right to our neighbor's field; and it is a difficult undertaking to maintain your Indian purchase from the right owner thereof, or to plead a better right than Connecticut who had the right of conquest, and as added to conquest a deed of gift from the great sachem Sowheag, and under both those rights possessing; and by the court of Connecticut allowing you a plantation right in that place, and then calling whom their agent that possessed the same, we may well question the foundation of your government, unless you can find and show a Connecticut court record allowing the same.

And as for Stamford's being joined to New Haven government by consent of Connecticut, there is no record extant that we can find; but provided it be true as you say, they are but words of course, as the case now stands, because the conclusion follows not upon the premises, but rather all your many instances are but so many flourishes as blinding mists, to darken the truth as now it is.

Your high prizing of Mr. Eaton, that worthy man deceased, who we own was wise, grave and godly, and we could also say that we have had governors not much inferior, who now with him lie in the dust, but such applauses little promote our state concernments in this present contest; wherefore we shall pass them over as not so pertinent.

But you say from the first you maintained your Quilipiage against the claim of the Dutch, by hewing out the King's Arms' in wood, and advancing them (marble and brass are the more lasting); but we of Connecticut maintain our rights and claim now, by the king's arms in wax, which is a confirming seal to his royal pleasure in express words and directions for our settlement for ever hereafter.

You say all New England consented that New Haven should be and were a distinct government, except Rhode Island. It is likely that is a mistake, for Piscataway was then a government,

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if and Agamenticus, and several other planted places more eastward, whose consent and approbation was never sought for as we suppose, but if it were as is said, there is no danger to yield to it or argument in it to advantage.

The main argument as follows is the combination and solemn confederation, unto which we answer.

1. The combination did not constitute a government with power and privileges, only amicable compliance and mutual helpfulness in common concernments, as bordering friends and neighbors in a distracted wilderness.

2. The casual inducement of the combination was a former exigence felt (as in the Pequot War) and for future feared, as vis unita fortior1, to deter a common enemy from future attempts in like kind, and to promote mutual welfare.

3. As a vow is disannulled by the contradiction of a superior, so where the word of a king is there is power; and we having the word of a king, with a religious loyalty we are to observe it when we may do so, without sin in doing so.

4. It is our duty (when without sin we may so do it) to obey our king in his lawful commands, when every year we take our solemn oaths exactly to attend all his and our lawful appointments.

These particular arguments also answer the common tide of the four united colonies, for by the combination came in that union.

And for a title of a Colony, it is not a title of honour properly, neither doth it imply government; the basis of our government is not that empty title, but as subjects of his royal majesty by his abundant grace we are created and made a body politic and corporate with power and privileges, and the extent of our corporation ordered to be all that part of his majesty's dominions in New England, bounded as our charter expresseth, and entrusting us with the care of all the plantations therein and the government of all the people thereof; and because it is a duty

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incumbent on us to be faithful to our trust, we do declare and claim (not with a flourish of empty words) as under our government, all those plantations which you possess and have formerly governed as peculiarly belonging to our corporation, requiring your subjection to our order and laws in observance to the order and appointment of our royal sovereign and yours.

Then you improve as another argument that Mr. Gregson intended to procure a patent, and was employed therein by yourselves, with the consent of Connecticut, for the procuring of power and privileges, for both are implied by your mention of a patent, though there be no enforcing argument for what you intend it in these presents, yet we must take notice of what may appear as contradiction and our advantage, for this endeavor succeeded the combination, and therefore it was then the conclusion both of yourselves and us (as you say) that our combination was not sufficient, patent right was requisite, yet perusing the preface to the combination, we question the truth of it, it being neither upon record and that preface in plain and full words expressing that by reason of sad distractions in England by which we were hindered both from seeking and reaping the comfortable fruits of protection, &c., which is the great privilege conferred by letters patents, and if then patent right was requisite, now we have obtained it and you are included within it, wherefore ready submission would better become you than bold insultings and charges. We pass particulars briefly, knowing that a word to the wise is sufficient.

You say Connecticut sought a patent without your consent, when you had formerly taken in their consent to Mr. Gregson's intention as before: we say as before we have said, we can find no record witnessing the same; but to take off your causeless offence herein, we doubt not but you well know that we paid hundreds of pounds to Mr. Fenwick and his agents for patent rights several years together, and we will now inform you we had a full promise and engagement for the sending and deliver-

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ing into our possession that patent which we had paid so dear for, the date of the grant of which patent did precede the combination, or your knowledge of a place called Quilipiage in New England, and this patent which now we have is but that which formerly we should have had, with some small addition and inconsiderable alteration, and neither that addition or alteration reflecting upon yourselves in any measure. Our owning of you in a tacit way we doubt not but will be judged a favour in the true sense, rf such as have eyes to see and hearts to understand.

As for your letter from the Lords of the Council, persons whom we highly honour as yourselves do, yet we suppose it was sent in the time of the great distractions in England, when the king was separate from his parliament, but now we have received letters patent confirmed by broad seal and writ of privy seal, king, council, and parliament all consenting, and not only owning of, but establishing us with corporation power and privileges, upon which we may act more boldly than on a presumption only, and are bound to act so, and that under oath and by royal appointment.

Your affirming Connecticut had no patent but within these two years last past we have fully answered it before; a patent formally confirmed and possessed we had not till of late, though we had payed a considerable sum, and had the same firmly engaged. Had we had it before, we should have acted upon it as now we do, and probably more vigorously.

Greenwich settled by the commissioners was in the time of ignorance which doth not alienate a true proper right forever.

As for that friend's warning letters to our honored governor, &c., we know not what they were, but it is attested that your then governor desired our honored governor to include New Haven within our charter, and by a letter and improving his interest in some friends he further endeavored the same.

You affirm, if New Haven were within the patent they should

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have been warned to the first general assembly, for we could not constitute a general assembly without them; this is hardly worth an answer, but to prevent a cavil, the power and privilege was not conferred on New Haven but on Connecticut, and this evidently appears, because the favour extended is unto those that formerly had purchased, conquered, and now petitioned; and we should have acted imprudently, disorderly and justly offensive to our associates so to have done, before we had discovered his majesty's favour towards them in his gracious grant, and preferring others less obliged.

The next particular presented is the rent and disturbance thereby to your government and orderly constitution (as you say) by our admission of some of your members under our protection. Those of your members (as you term them) clearly perceiving themselves included, and advisedly considering their duty for willing and ready observance of his majesty's pleasure and appointment, and for obedience unto our corporation power as ready subjects to both, owning us as we are truly delegated, we could not without some danger but accept of them, confirming security and protection, and do conclude the like ready obedience from yourselves would have been more regular and comfortable to yourselves at last; the event will discover.

Now to. give you a short answer to our honored governor's letter to Major Mason, which as yet never came to our honored Major or our hands; if it be with you, you had done well if you had sent it us.

2. As for his engagement, it was after we had received your members (as you term them), it evidently appears, the complaint being upon that account.

3. We had then received our letters patent, and acted according to our instructions and directions in them from his majesty; our true loyalty to his gracious appointments and our proceedings therein his majesty hath determined and warranted pleadable in law against himself and his successors, and so we stand free.

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But in respect of the honor of our worshipful governor, as we are able we shall answer.

1. Our governor knew the extent of the patent, the desire of your then governor, as by letter and persuasion of friends appears, and therefore in the order of the patent acted innocently and blamelessly, espressing his great courtesy'and tender respect towards you, and this bluster of yours is a very ungrateful return for all his love, favour and tenderness.

2. Yourselves could not but be well acquainted with what we expressed, before you sent into England unto our honored governor by way of complaint, for you had received a copy of the patent by our first committee sent from Connecticut unto you.

3. You know that the absolute power was now in the hands of the corporation of Connecticut to do according to the tenor thereof, and not in our governors power to alter the same.

4. Our honored governor receiving your complaint (and from a tender affection and favour towards yourselves) endeavored to do his utmost to promote your desires; and what a reward he hath for his labour of love from you, the world may judge.

5. Lastly, this cannot advantage your cause nor be an evidence in your plea, for he passeth no engaging promise to you therein, but as a friend persuading those whom it altogether concerns to do what possibly and fairly may be done, with the highest engaging expressions adventuring as far as may be to do you a kindness, which you should have accepted if you had known yourselves.

For the commissioners' last act in relation to those our concernments, their caution introduced in relation to the Dutch, is a wary answer, saving our allegiance to his majesty and interest by patent, which you may accept of as our present answer to your allegation, for there is a stronger argument in it than yours alleged. And for your mathematical measures and discovery, it might

Page 591

do us some service in the line betwixt us and the Massachusetts, if you have an able artist, when he is desired by them and us to attend that service; but our charter is the true astrolobe for our south bounds.

Gentlemen, these shadows being flush and fled, in the next place we shall make some short return to your sharp reproofs, and answer your arguments briefly.

Our return to the narrative gives you a full answer to all your arguments, yet to silence cavils full of empty adored conceits, to each argument we shall take the pains to give a short answer, only premising to prevent tautology.

1. Yourselves have proclaimed our king, owned him your sovereign and yourselves his subjects, and the places you possess part of his majesty's dominions abroad, and in your present writing declaring that you intend (if not already attempted) to improve means for obtaining a patent.

2. You well know a king in his own dominions is by all men termed pater patrice, and in Scripture record he is said to be a nursing father, and. then all his subjects or his children bound to obey. (Eccles. viii. 2; i Pet. ii. 13, 14.)

1. Argument: That Connecticut in entertaining some inhabitants of Stamford, Guilford, and Southhold, they did it by a pretended power against the just right of New Haven Colony and without their knowledge or consent.

This assumption is false, both in the pretended power mentioned, and the just right as you apply it. For, i. Our power is real, not pretended; it is formally legal, as by our letters patent doth undeniably appear, being ratified by broad seal. 2. For your just right, that appears to be your pretence and presumption only, and it cannot be maintained unless you can show a deed of gift sealed as ours and precedent also. And 3dly, Whereas you say what we did was without your knowledge and consent, we answer: I. Your consent was not absolutely requisite, the places possessed by them being within our charter

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limits and the government of the people committed to our care, and they claiming it as their privilege, and ourselves clearly perceiving it to be so, could not deny them without unfaithfulness in our trust.

Hence your prolix discourses (by way of explication of this argument) respecting the 5th and 8th commandment, reflect upon yourselves as the transgressors, withstanding your ready obedience to the order and appointment of your nursing father, and attempting to intrude, and actually disturbing of us in our just rights. As for your purchase of the Indians, it is very questionable whether you purchased of the right owners; but if you did, as yourselves say, yet you purchased but land of them and not jurisdiction power, about which is our only contest

2. Argument: Connecticut have assumed to themselves power of jurisdiction over part of our members without just right thereunto.

This assijmption is altogether false, for, i. We assumed not this power to ourselves; our letters patent are our witness, which declare that his royal majesty, of his abundant grace, certain knowledge and mere motion, hath created and made us a body politic and corporate, to exercise our government over all, yourselves not excepted, which is sufficient to discover our just right beyond exception, and to cavil against it is only to bid battle to a shadow.

As for your mathematical demonstration, we judge it not worthy to be weighed in the balance of reason, it is so unreasonable, 1. If we exceed our line and limits it is a trespass against the king; when his attorney general appears, then we will plead our patent, for his royal majesty of his abundant grace hath made it pleadable against himself and for the best behoof of the governor and company. 2. If you had a patent and there were to be a line settled for peace between us, we should readily attend you therein, but we cannot understand that his majesty hath yet given you distinct from us a mathematical line.

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3. Argument: Connecticut have acted contrary to promise and confederation.

ans. - In nonage the contradiction of a superior makes void: a father disannuls the child's act, that is powerless; for the dispose or gift of government is only the gift of the nursing father within his own territories and dominions; if otherwise, it was blamable folly to be at such large expense to procure a patent, when the commissioners might have granted it for an inconsiderable sum, and it will be the like folly in yourselves, especially being minded and forewarned of it; the true question here is whether his majesty's appointment or the commissioners' is of most force and valid.

4. Argument: Connecticut have done contrary to the general rule of love and righteousness.

ans. - 1. In every argument we find the question begged. 2. Hence the assumption is false. But 3dly, to apologize for our love and righteousness: 1. For love: by your then chief in government our governor was solicited to include New Haven within our patent, both by speech and letter, and friends in England were improved by some of you to persuade to and promote the same, and according to your desires attended the best expedient to express sincerity of love, your case and condition at that time duly considered; and since by our many loving insinuations, solicitings, and loving treaties, both for your own good and ours, and large offers of immunities and liberties as great as our own, and as far as we could possibly extend our charter; what could we have done more. 2. For righteousness: the extremity of justice we have not used, but the moderation of justice; we might have immediately declared you under our government, required your subjection, upon refusal severely censured, and have justified what we had done; yet we have used much patience, forbearance, waiting, and expense of much time and charges, if possibly we might have gained you without much extremity, and we doubt not but

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understanding judges will interpret it an extreme condescendency and chargeable labor of love; besides for righteousness, you were included in our former patent grant, which was before your being or your plantation, and at chargeable purchase to ourselves, and this our patent expresses it a valuable consideration of our present confirmation. And now having so fully expressed ourselves and informed yourselves, we can appeal to all the Christian world for judges.

Page 5. Argument: If the general assembly upon the receipt of your patent agreed to treat with New Haven about union, and in the interim accept of some of your members without your consent, they dealt unrighteously, but so Connecticut did.

ans. - This argument looks like a chaos, there is so much jumble in it; it is hypothetical with a sequel in the first proposition, which is to be denied as a nan sequitur, for both may be without any unrighteousness, for it is the king that hath united you and us; to have refused the ready submission of any, had become unrighteousness towards the persons tendering that obedience, and a negligent retarding of the king's appointment; the vote for a treaty for union only respected the modus, for a more placid entertainment of what in duty and loyalty was to be attended. If authority entertains one that voluntarily offers himself, persuades another, commands a third, he sins in neither, nor though he had determined to treat with them together before that; and truly the greatest danger of dismembering, and loosing an ear, is in refusing submission to his majesty's lawful appointment.

Argument 6th: Connecticut pleads a power over New Haven by virtue of a patent, and it gives them no such power, whereby they abuse that patent and deal unrighteously.

ans. -This answered before, and it is too favorable to say it is like two sentences in one sense, rather six sentences and no sense; like men spoken of in the prophet, that have eyes and see not, hearts and understand not.

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To the remaining arguments we say, and sufficient is said to maintain it:

1. That our entertainment of those members was righteous, our promise of protection lawful; therefore that we may avoid unrighteousness, and it perform we must. 2. Their submission was righteous and commendable: we dare not call good evil. 3. Then if Joshua took himself bound to keep promise with the Gibeonites who acted wilily, and were of that people which were appointed to destruction, much more must we, when people of our own language, nation, profession, and friends, are appointed and ordered under our care and protection, keep our promise with them, allowing them an interest in all our privileges which are common to them as well as ourselves.



History of the Colony of New Haven - End of Appendix 1-7

Introduction    Chapt. 1-2    Chapt. 3-5    Chapt. 6-8   
Chapt. 9-10    Chapt. 11-12    Chapt. 13-14    Chapt. 15-16   
Chapt. 17    Chapt. 18-19    Chapt. 20-21    Appendix 1-7


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