Chapter VIII: Preface (8)

But here they were very unwelcome messengers. Governor Leet
and the principal gentlemen in Guilford and New Haven had no
ill opinion of the judges. If they had done wrong in the
part they had acted, they viewed it as an error in judgment,
and as the fault of great and good men, under peculiar and
extraordinary circumstances. They were touched with
compassion and sympathy, and had real scruples of conscience
with respect to delivering up such men to death. They viewed
them as the “excellent of the earth,” and were afraid to
betray them, lest they should be instrumental in shedding
innocent blood. They saw no advantage in putting them to
death.

They were not zealous, therefore, to assist in apprehending
them. Governor Leet said he had not seen them in nine weeks,
and that he did not believe they were at New Haven. He read
some of the papers relative to the affair with an audible
voice.

The pursuivants observed to him that their business required
more secrecy than was consistent with such a reading of
their instructions. He delayed furnishing them with horses
until the next morning, and utterly declined giving them any
powers until he had consulted his Council at New Haven.

They complained that an Indian went off from Guilford to New
Haven in the night, and that the Governor was so dilatory
the next morning that a messenger went on to New Haven
before they could obtain horses for their assistance. The
judges were apprized of every transaction respecting them,
and they and their friends took their measures accordingly.
They changed their quarters from one place to another in the
town as circumstances required, and had faithful friends to
give them information, and to conceal them from their
enemies.

On the 13th of March the pursuers came to New Haven, and
Governor Leet arrived in town soon after them to consult his
Council. They acquainted him that, from the information they
had received, they were persuaded that the judges were yet
in town, and pressed him and the magistrates to give them a
warrant and assistance to arrest them without any further
delay.

But, after the Governor and his Council had been together
five or six hours, they dispersed without doing anything
relative to the affair. The Governor declared that he could
not act without calling a general assembly of the freedmen.

Kellond and Kirk observed to him that the other governors
had not stood upon such niceties; that the honor and justice
of his Majesty were concerned, and that he would highly
resent the concealment and abetting of such traitors and
regicides.

They demanded whether he and his Council would own and honor
his Majesty? The Governor replied: “We do honor his Majesty,
but have tender consciences, and wish first to know whether
he will own us.”--(Report of Kellond and Kirk to Governor
Endicott, to which they gave oath in the presence of the
Governor and Council.)

The tradition is, that the pursuers searched Mr. Davenport’s
house, and used him very ill. They also searched other
houses where they suspected that the regicides were
concealed. The report is that they went into the house of
one Mrs. Eyers, where they actually were concealed, but she
conducted the affair with such composure and address that
they imagined that the judges had just made their escape
from the house, and they went off without making any search.
It is said that once, when the pursuers passed a bridge, the
judges were concealed under it. Several times they narrowly
escaped, but never could be taken.

The zealous royalists, not finding the judges in New Haven,
prosecuted their journey to the Dutch settlement, and made
interest with Stuyvesant, the Dutch Governor, against them.
He promised them that, if the judges should be found within
his jurisdiction, he would give them immediate intelligence,
and that he would prohibit all ships and vessels from
transporting them.

Having thus zealously prosecuted the business of their
commission, they returned to Boston, and reported the
reception which they had met with at Guilford and New Haven.

Upon this report, a letter was written by Secretary Rawson,
in the name of the General Court of Massachusetts, to
Governor Leet and his Council, on the subject. It
represented that many complaints had been exhibited in
England against the colonies, and that they were in great
danger. It was observed that one great source of complaint
was their giving such entertainment to the regicides, and
their inattention to his Majesty’s warrant for their arrest.
This was represented as an affair which hazarded the
liberties of all the colonies, and especially those of New
Haven. It was intimated that the safety of particular
persons, no less than that of the colony, was in danger. It
insisted that the only way to expiate their offense, and
save themselves harmless, was without delay to apprehend the
delinquents. Indeed, the Court urged that not only their own
safety and welfare, but the essential interests of their
neighbors, demanded their indefatigable exertions to
exculpate themselves.

Colonels Whalley and Goffe, after the search which had been
made for them at New Haven, left Mr. Davenport’s, and took
up their quarters at Mr. William Jones’s, son-in-law to
Governor Eaton, and afterward Deputy-Governor of New Haven
and Connecticut. There they secreted themselves until the
11th of May.

Thence they removed to a mill in the environs of the town.
For a short time they made their quarters in the woods, and
then fixed them in a cave in the side of a hill, which they
named Providence Hill. They had some other places of resort,
to which they retired as occasion made necessary, but this
was generally the place of their residence until the 19th of
August. When the weather was bad, they lodged at night in a
neighboring house. It is not improbable that sometimes, when
it could be done with safety, they made visits to their
friends at New Haven.

In fact, to prevent any damage to Mr. Davenport or the
colony, they once or more came into the town openly and
offered to deliver up themselves to save their friends. It
seems it was fully expected at that time that they would
have done it voluntarily, but their friends neither desired
nor advised them by any means to adopt so dangerous a
measure. They hoped to save themselves and the colony
harmless without such a sacrifice.

The magistrates were greatly blamed for not apprehending
them at this time in particular. Secretary Rawson, in a
letter of his to Governor Leet, writes: “How ill this will
be taken, is not difficult to imagine--to be sure, not well.
Nay, will not all men condemn you as wanting to yourselves?”

The General Court of Massachusetts further acquainted
Governor Leet that the colonies were criminated by making no
application to the king since his restoration, and for not
proclaiming him as their king. The Court, in their letter,
observed that it was highly necessary that they should send
an agent to answer for them at the Court of England.--ED.
NOTE.

[23] About this time, it seems, Governor Winthrop took
passage for England. Upon his arrival he made application to
Lord Say and Seal, and other friends of the colony, for
their countenance and assistance. Lord Say and Seal appear
to have been the only nobleman living who was one of the
original patentees of Connecticut. He held the patent in
trust, originally, for the puritanic exiles. He received the
address from the colony most favorably, and gave Governor
Winthrop all the assistance in his power. The Governor was a
man of address, and he arrived in England at a happy time
for Connecticut.

Lord Say and Seal, the great friend of the colony, had been
particularly instrumental in the restoration. This had so
brought him into the king’s favor, that he had been made
Privy Seal.

The Earl of Manchester, another friend of the Puritans and
of the rights of the colonies, was chamberlain of his
Majesty’s household; he was an intimate friend of Lord Say
and Seal, and had been united with him in defending the
colonies, and pleading for their establishment and
liberties. Lord Say and Seal engaged him to give Mr.
Winthrop his utmost assistance.

Mr. Winthrop had an extraordinary ring, which had been given
to his grandfather by King Charles I., which he presented to
the king. This, it is said, exceedingly pleased his Majesty,
as it had been once the property of a father most dear to
him. Under these circumstances the petition for Connecticut
was presented and received with uncommon grace and favor.

Upon the 20th of April, 1662, his Majesty granted the colony
his letters patent, conveying the most ample privileges,
under the great seal of England. It confirmed unto it the
whole tract of country granted by King Charles I. to the
Earl of Warwick, and which was the next year by him
consigned to Lord Say and Seal, Lord Brook, and others.

The patent granted the lands in fee and common socage. The
facts stated and pleaded in the petition were recognized in
the Charter, nearly in the same form of words, as reasons
for the royal grant, and of the ample privileges it
conveyed.

It ordained that John Winthrop, John Mason, Samuel Wyllys,
Henry Clark, Matthew Allen, John Tapping, Nathan Gould,
Richard Treat, Richard Lord, Henry Wolcott, John Talcott,
Daniel Clark, John Ogden, Thomas Welles, Obadiah Brune, John
Clark, Anthony Hawkins, John Deming, and Matthew Camfield,
and all such others as there were, or should afterward be,
admitted and made free of the corporation, should forever
after be one body corporate and politic, in fact and name,
by the name of the Governor and Company of the English
Colony of Connecticut, in New England, in America; and that,
by the same name, they and their successors should have
perpetual succession. They were capacitated, as persons in
law, to plead and be impleaded, to defend and be defended,
in all suits whatsoever; to purchase, possess, lease, grant,
demise, and sell lands, tenements, and goods, in as ample a
manner as any of his Majesty’s subjects or corporations in
England. The Charter ordained that there should be,
annually, two General Assemblies; one holden on the second
Thursday in May, and the other on the second Thursday in
October. This was to consist of the Governor,
Deputy-Governor, and twelve assistants, with two deputies
from every town or city. John Winthrop was appointed
Governor, and John Mason Deputy-Governor, and the gentlemen
named above, magistrates, until a new election should be
made.--ED. NOTE.

[24] Before the session of the General Assembly of
Connecticut, in October, the Charter was brought over; and,
as the Governors and magistrates appointed by his Majesty
were not authorized to serve after this time, a general
election was appointed on the 9th of October. John Winthrop,
Esq., was chosen Governor, and John Mason, Esq.,
Deputy-Governor; the magistrates were those mentioned in the
patent, and were appointed by his Majesty, with Mr. Baker
and Mr. Sherman; and John Talcott, Esq., was Treasurer, and
Daniel Clark, Esq., Secretary.

Upon the day of the election the Charter was publicly read
to the freemen, and declared to belong to them and their
successors. They then proceeded to make choice of Mr.
Wyllys, Mr. Talcott, and Mr. Allen, to receive the Charter
into their custody, and keep it in behalf of the colony. It
was ordered that an oath should be administered by the court
to the freemen, binding them to a faithful discharge of the
trust committed to them.

The General Assembly established all former officers, civil
and military, in their respective places of trust, and
enacted that all the laws of the colony should be continued
in full force, except such as should be found contrary to
the tenor of the Charter. It was also enacted that the same
colony seal should be continued.

The major part of the inhabitants of Southhold, several of
the people of Guilford, and of the towns of Stamford and
Greenwich, tendered their persons and estates to
Connecticut, and, petitioning to enjoy the protection and
privileges of the Commonwealth, were accepted by the
Assembly, and promised the same protection and freedom which
was common to the inhabitants of the colony in general. At
the same time, it was enjoined on them to conduct themselves
peaceably, as became Christians, toward their neighbors, who
did not submit to the jurisdiction of Connecticut; and that
they should pay all taxes due the ministers, with all the
other public charges then due. A message was sent to the
Dutch Governor, certifying him of the Charter granted to
Connecticut, and desiring him by no means to trouble any of
his Majesty’s subjects, within its limits, with impositions
or prosecutions from that jurisdiction.

The Assembly gave notice to the inhabitants of Winchester
that they were comprehended within the limits of
Connecticut, and ordered that, as his Majesty had thus
disposed of them, they should conduct themselves as
peaceable subjects.

Huntington, Setauket, Oyster Bay, and all the towns on Long
Island, were obliged to submit to the authority and govern
themselves agreeably to the laws of Connecticut. A court was
instituted at Southhold, consisting of Captain James Youngs,
and the justices of South and East Hampton. The Assembly
resolved that all the towns which should be received under
their jurisdiction should bear their equal proportion of the
charge of the colony in procuring the patent.

As the Charter included the colony of New Haven, Matthew
Allen, Samuel Wyllys, and the Rev. Messrs. Stone and Hooker,
were appointed a committee to proceed to New Haven, and
treat with their friends there respecting an amicable union
of the two colonies.

The committee proceeded to New Haven, and, after a
conference with the Governor, magistrates, and principal
gentlemen in the colony, left the following declaration to
be communicated to the freemen:

“We declare that, through the providence of the Most High,
a large and ample patent, and therein desirable privileges
and immunities from his Majesty, being come to our hands,
a copy whereof we have left with you to be considered, and
yourselves, upon the sea-coast, being included and
interested therein, the king having united us in one body
politic, we, according to the commission wherewith we are
intrusted by the General Assembly of Connecticut, do
declare, in their name, that it is both their and our
earnest desire, that there may be a happy and comfortable
union between us and yourselves, according to the tenor of
the Charter; that inconveniences and dangers may be
prevented, peace and truth strengthened and established
through our suitable subjection of the terms of the
patent, and the blessing of God on us therein.”

The authority of New Haven made the following reply:

“We have received and perused your writings, and heard the
copy read of his Majesty’s letters patent to the
Connecticut colony; wherein, though we do not find the
colony of New Haven expressly included, yet, to show our
desire that matters may be issued in the conserving of
peace and amity, with righteousness between them and us,
we shall communicate your writings, and a copy of the
patent, to the freemen, and afterward with convenient
speed return their answer. Only we desire that the issuing
of matters may be respited until we may receive fuller
information from Mr. Winthrop, or satisfaction otherwise;
and that, in the meantime, this colony may remain
distinct, entire, and uninterrupted, as heretofore; which
we hope you will see cause lovingly to assent unto, and
signify the same to us with convenient speed.”

On the 4th of November the freemen of the colony of New
Haven convened in General Court. The Governor communicated
the writings to the court, and ordered a copy of the patent
to be read. After a short adjournment for consideration in
an affair of so much importance, the freemen met again, and
proceeded to discuss the subject.

The Rev. Mr. Davenport was entirely opposed to a union with
Connecticut. He proceeded, therefore, to offer a number of
reasons why the inhabitants of New Haven could not be
included in the patent of that colony, and for which they
ought, by no means voluntary, to form a union. He left his
reasons in writing, for the consideration of the freemen. He
observed that he should leave others to act, according to
the light which they should receive.

It was insisted that New Haven had been owned as a distinct
government, not only by her sister colonies, by Parliament,
and the Protector, during their administration, but by his
Majesty, King Charles II.; that it was against the express
articles of confederation, by which Connecticut was no less
bound than the other colonies; that New Haven had never been
notified of any design as to their incorporation with
Connecticut, and that they had never been heard on the
subject. It was further urged that, had it been designed to
unite them with Connecticut, some of their names, at least,
would have been put into the patent, with the other
patentees; but none of them were there. Hence it was
maintained that it never could have been the design of his
Majesty to comprehend them within the limits of the Charter.

It was argued, that for them to consent to a union would be
inconsistent with their oath to maintain that Commonwealth,
with all its privileges, civil and religious. It was also
urged that it would be incompatible both with their honor
and most essential interests.

After the affair had been fully debated, the freemen
resolved that an answer to Connecticut should be drawn up
under the following heads:

I. “Bearing a proper testimony against the great sin of
Connecticut in acting so contrary to righteousness, amity,
and peace.

II. “Desiring that all future proceedings relative to the
affair might be suspended until Mr. Winthrop should
return, or they might otherwise obtain further information
and satisfaction.

III. “To represent that they could do nothing in the
affair until they had consulted the other confederates.”

The magistrates and elders, with Mr. Law, of Stamford, were
appointed a committee, and drew up a long letter in reply to
the General Assembly of Connecticut, stating that they did
not find any command in the patent to dissolve covenants and
alter orderly settlements of New England, nor a prohibition
against their continuance as a distinct government. They
represented that the conduct of Connecticut, in acting at
first without them, confirmed them in those sentiments; and
that the way was still open for them to petition his
Majesty, and obtain immunities similar to those of
Connecticut. They declared that they must enter their appeal
from the construction which Connecticut put upon the patent,
and desired that they might not be interrupted in the
enjoyment of their distinct privileges.

The committee also represented that these transactions were
entirely inconsistent with the engagement of Governor
Winthrop, contrary to his advice to Connecticut, and tended
to bring injurious reflections and reproach upon him. They
earnestly prayed for a copy of all which he had written to
the Deputy-Governor and the Company on the subject. On the
whole, they professed themselves exceedingly injured and
grieved, and entreated the General Assembly of Connecticut
to adopt speedy and effectual measures to repair the
breaches which they had made, and to restore them to their
former state, as a confederate and sister colony.

Connecticut made no reply to this letter, but, at a General
Assembly held March 11, 1663, the Deputy-Governor, Matthew
and John Allen, and John Talcott, were appointed a committee
to treat with their friends in New Haven on the subject of a
union. But the hasty measures of the General Assembly in
admitting the disaffected members of the several towns under
the jurisdiction of New Haven, before they had invited them
to incorporate with them, had so soured their minds and
prejudiced them, that this committee had no better success
than the former.

While these affairs were transacted in the colonies, the
petition and address of New Haven to his Majesty arrived in
England; upon which, Governor Winthrop, who was yet there,
by advice of friends of both colonies, agreed that no injury
should be done to New Haven, and that the union and
incorporation of the two colonies should be voluntary.
Therefore, on the 3d day of March, 1663, he wrote to the
Deputy-Governor and Company of Connecticut, certifying them
of his engagements to the agent of New Haven, and that,
before he took out the Charter, he had given assurance to
their friends that their interest and privileges should not
be injured by the patent. He represented that they were
bound by the assurance he had given, and therefore wished
them to abstain from all further injury and trouble to that
colony. He imputed what they had done to their ignorance of
the engagements which he had made. At the same time, he
intimated his assurance that, on his return, he should be
able to effect an amicable union of the colonies.

Connecticut now laid claim to Westchester, and sent one of
her magistrates to lead the inhabitants to a choice of their
officers, and to administer the proper oaths to such as they
should elect.

The colony also extended their claim to the Narragansett
country, and appointed officers for the government of the
inhabitants of Wickford.

Notwithstanding the remonstrance of the court at New Haven,
their appeal to King Charles II., and the engagements of
Governor Winthrop, Connecticut pursued the affair of a union
in the same manner in which it was begun. At a session of
the General Assembly, August 19, 1663, a committee was again
appointed to treat with their friends at New Haven, Milford,
Guilford, and Branford, relative to their incorporation with
Connecticut. Provided they could not effect a union by
treaty, they were authorized to read the Charter publicly at
New Haven, and to make declaration to the people there that
the Assembly could not but resent their proceedings as a
distinct jurisdiction, since they were evidently included
within the limits of the Charter granted to the corporation
of Connecticut. They were instructed to proclaim that the
Assembly did desire, and could not but expect, that the
inhabitants of the above towns would yield subjection to the
government of Connecticut.

At a meeting of the commissioners in September in the same
year, New Haven was owned by the colonies as a distinct
confederation. Governor Leet and Mr. Fenn, who had been sent
from that jurisdiction, exhibited a complaint against
Connecticut for the injuries they had done, by encroaching
upon their rights, receiving their members under their
government, and encouraging them to disown their authority,
to disregard their oath of allegiance, and to refuse all
attendance on their courts. They further complained that
Connecticut had appointed constables in several of their
towns, to the great disquiet and injury of the colony. They
prayed that effectual measures might be taken to redress
their grievances, to prevent further injuries, and secure
their rights as a distinct confederation.

Governor Winthrop and Mr. John Talcott, commissioners from
Connecticut, replied that, in their opinion, New Haven had
no just grounds of complaint; that Connecticut had never
designed them any injury, but had made to them the most
friendly propositions, inviting them to share with them
freely in all the important and distinguishing privileges
which they had obtained for themselves; that they had sent
committees amicably to treat with them; that they were still
treating, and would attend all just and friendly means of
accommodation.

The commissioners of the other colonies, having fully heard
the parties, determined that “where any act of power had
been exerted against the authority of New Haven, 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.” With respect to the particular
grievances mentioned by the commissioners of New Haven, the
consideration of them was referred to the next meeting of
the commissioners at Hartford.

In this situation of affairs an event took place which
alarmed all the New England colonies, and at once changed
the opinion of the commissioners, and of New Haven, with
respect to their incorporation with Connecticut.

King Charles II., on the 12th of March, 1664, gave a patent
to his brother, the Duke of York and Albany, of several
extensive tracts of land in North America, the boundaries of
which are thus described:

“All that part of the main land of New-England, beginning
at a certain place called and known by the name of St.
Croix, next adjoining to New-England, in America, and from
thence extending along the sea-coast into a certain place
called Pemaquie, or Pemaquid, and so up the river thereof
to the furthest head of the same, as it tendeth northward,
and from thence extending to the river Hembequin, and so
upward, by the shortest course, to the river Canada
northward; and also all that island or islands commonly
called by the general name or names of Meitowax, or
Long-Island, situate and being toward the west of Cape
Cod, and the narrow Highgansets abutting on the main land,
between the two rivers, these called and known by the
several names of Connecticut and Hudson’s Rivers; and all
the land on the west side of Connecticut River, to the
east side of the Delaware-Bay; and also all those several
islands called or known by the names of Martin’s Vineyard,
or Nantucks, otherwise Nantucket: together,” etc., etc.

The concern of the Duke of York for his property, and the
aversion both he and his Majesty had for the Dutch, led them
to dispatch an army and fleet to New England for the
reduction of the Dutch settlement on the continent. Colonel
Richard Nichols was chief commander of the fleet and army.
Sir Robert Carr, George Cartwirth, and Samuel Maverick,
Esq., were appointed commissioners with him, to determine
all matters of complaint and controversy, and settling the
country in peace.

Colonel Nichols arrived in Boston, with the fleet and troops
under his command, on the 23d of July, 1664. He then sailed
for the New Netherlands on the 20th of August, and made a
demand of the town and forts upon the island of Manhadoes.
Governor Winthrop, and several magistrates and principal
gentlemen of Connecticut, joined him at the west end of Long
Island, according to his request.

Stuyvesant, the Dutch Governor, was an old soldier, and, had
he been better prepared and the people united, doubtless
could have made a brave defense. But he had no intimations
of the design until the 8th of July, when he received
intelligence that a fleet of three or four ships of war,
with three hundred and fifty soldiers on board, were about
to sail from England against the Dutch settlements. Upon
this he immediately ordered that the forts should be put in
a state of defense, and sent out spies into several parts of
Connecticut for further information. It has been said that
the Dutch Governor was negotiating a neutrality with
Connecticut when he received the news of the fleet’s arrival
in Boston. Stuyvesant was extremely opposed to a surrender
of the fort and town. Instead of submitting to the summons
at first sent him, he drew up a long statement of the Dutch
claims, and their indubitable right to the country. He
insisted that, had the king of England known the justice of
their claims, he never would have adopted such measures
against them. He concluded by assuring Colonel Nichols that
he should not submit to his demands, nor fear any evils but
such as God in his providence should inflict upon him.

Colonel Nichols, in his first summons, had in his Majesty’s
name given assurance that the Dutch, upon their submission,
should be safe as to life, liberty, and property. Governor
Winthrop also wrote a letter to the Governor and Council,
advising them to surrender. But they were careful to secrete
the writings from the people, lest the easy terms proposed
should induce them to surrender. The burgomasters and people
desired to know of the Governor what was the import of the
writings he had received, and especially of the letter from
Governor Winthrop. The Dutch Governor and his Council giving
them no intelligence, they solicited it the more earnestly.
The Governor, irritated at this, in a paroxysm of anger tore
the letters to pieces; upon which the people protested
against his conduct and all its consequences.

While the Governor and Council were thus contending with the
burgomasters and people, the English commissioners issued a
proclamation to all the inhabitants who would become subject
to his Majesty, “that they should be protected by his
Majesty’s laws and justice, and enjoy whatever God’s
blessing and their honest industry had furnished them with,
and all the other privileges with his Majesty’s English
subjects.”

The Dutch, therefore, on the 27th of August, submitted upon
terms of capitulation. The articles secured them in the
enjoyment of liberty of conscience in Divine worship, and
their own mode of discipline. The Dutch Governor and people
became English subjects, enjoyed their estates, and all the
privileges of Englishmen. Upon the surrender of the town of
New Amsterdam, it was named New York, in honor of the Duke
of York.

Fort Orange, or Aurania, surrendered on the 24th of
September, and was named Albany, after the Duke of York and
Albany. Sir Robert Carr proceeded to the Delaware, and on
the 1st of October compelled the Dutch and Swedes to
capitulate. Upon this day the whole of the New Netherlands
became subject to the crown of England.

Mr. Whiting, who was in Boston, and learned much of the
temper of the commissioners, was sent back in haste to give
information of the danger in which, it was apprehended, the
colonies were, to advise New Haven to incorporate with
Connecticut without delay, and to make a joint exertion for
the preservation of their chartered rights. This was pressed
not only as absolutely necessary for New Haven, but for the
general safety of the country. In consequence of this
intelligence a General Court was convened at New Haven on
the 11th of August, 1664. Governor Leet communicated the
intelligence he had received, and acquainted them that Mr.
Whiting and Mr. Bull, in their own name, and in behalf of
the magistrates of Connecticut, pressed their immediate
subjection to their government. The Court was certified
that, after some treaty with these gentlemen, their
committee had given an answer, purporting that if
Connecticut would, in his Majesty’s name, assert their claim
to the colony of New Haven, and secure them in the full
enjoyment of all the immunities which they had proposed, and
engage to make a united exertion for the preservation of
their chartered rights, they would make their submission.
After a long debate the Court resolved that, if Connecticut
should come and assist their claim, as had been agreed, they
would submit until the meeting of the commissioners of the
united colonies. The magistrates and principal gentlemen of
the colony seem to have been sensible not only of the
expediency, but of the necessity, of an incorporation with
Connecticut. The opposition, however, was so general among
the people that nothing further was effected. The Court of
Commissioners was so near at hand that no further demands
were made on New Haven until their advice could be known.
The General Assembly met early in September, and passed a
remonstrance against the sitting of Governor Leet and
Deputy-Governor Jones with the commissioners. In the
remonstrance they declared that New Haven was not a colony,
but a part of Connecticut, and made claim to it as such.
They insisted that owning that as a colony, distinct from
Connecticut, after his Majesty had by his letters-patent
incorporated it with that colony, was inconsistent with the
king’s pleasure; would endanger the right of all the
colonies, and especially the charter-rights of Connecticut.
The Assembly, at the same time, declared that they would
have a tender regard to their honored friends and brethren
at New Haven, and exert themselves to accommodate them with
all the immunities and privileges which they conveyed by
their Charter.

On the 1st of September the Court of Commissioners met at
Hartford. The commissioners from New Haven were allowed
their seats with the other confederates. The case of New
Haven and Connecticut was fully heard, and though the Court
did not approve of the manner in which Connecticut had
proceeded, yet they earnestly pressed a speedy and amicable
union of the two colonies.

To remove all obstructions on their part, the commissioners
recommended it to the General Courts of Massachusetts and
Plymouth, that, in case the colony of New Haven should
incorporate with Connecticut, they might then be owned as
one colony, and send two commissioners to each meeting; and
that the determinations of any four of the six should be
equally binding on the confederates as the conclusions of
six out of eight had been before. It was also proposed that
the meeting, which had been at New Haven, should be at
Hartford.

In compliance with the advice of the commissioners, Governor
Leet convened a General Court in New Haven on the 14th of
September, and communicated the advice which had been given
them to unite. They considered whether, if the king’s
commissioners should visit them, they would not be much
better able to vindicate their liberty and just rights, in
union with Connecticut under the royal patent, than in their
present circumstances; and many insisted, notwithstanding,
“that we stand; as God had kept them to that time, was their
best way.” Others were intensely of the contrary opinion,
and, after a full discussion of the subject, no vote for
union or treaty could be obtained.

New Haven and Branford were more fixed and obstinate in
their opposition to an incorporation with Connecticut than
any of the other towns in that colony. Mr. Davenport and Mr.
Pierson seem to have been among its chief supporters. They,
with many of the inhabitants of the colony, were more rigid
with respect to the terms of church-communion than the
ministers and churches of Connecticut generally were. A
considerable number of the churches in Connecticut were in
favor of the propositions of the General Council, which met
at Cambridge in 1662, relative to baptism of children whose
parents were not in full communion. The ministers and
churches of New Haven were universally and utterly against
them. Mr. Davenport, and others in this colony, were also
strong in the opinion that all government should be in the
Church. No person in the colony could be a freeman unless he
was a member in full communion. But, in Connecticut, all
orderly persons possessing a freehold to a certain amount
might be made free of the corporation. Those gentlemen who
were so strong in their opposition were jealous that a union
would mar the purity, order, and beauty of their churches,
and have an influence on the civil administrations. Besides,
it was a painful reflection that, after they had been at so
much pains and expense to form and support themselves as a
distinct government, and had been many years owned as one,
their existence must cease and their name be obliterated.
Milford at this time broke off from them, and would no more
either send magistrates or deputies to the General Court.
Mr. Richard Law, a principal gentleman in Stamford, also
deserted them.

In this state of affairs the General Assembly of Connecticut
convened on the 13th of October. This was an important
crisis with the colony. Their liberties were not only in
equal danger with those of the sister-colonies, from the
extraordinary powers and arbitrary dispositions and measures
of the king’s commissioners, but the Duke of York, a
powerful antagonist, had received a patent covering Long
Island and all that part of the colony west of Connecticut
River. William and Anne, the Duke and Duchess of Hamilton,
had petitioned his Majesty to restore to them the tract of
country granted to their father, James, Marquis of Hamilton,
in the year 1635; and his Majesty had, on the 6th of May,
1664, referred the case to the determination of Colonel
Nichols and the other commissioners. Besides, the state of
affairs with New Haven was neither comfortable nor safe.

The Legislature, to conciliate the commissioners and obtain
the good graces of his Majesty, ordered a present of five
hundred bushels of corn to be made to the commissioners. A
large committee was appointed to settle the boundaries
between Connecticut and the Duke of York. A committee,
consisting of Messrs. Allen, Wyllys, Talcott, and Newburg,
was appointed to settle the boundary-line between this
colony and Massachusetts, and between Connecticut and Rhode
Island. They were instructed not to give away any part of
the lands included within the limits of the Charter.

Mr. Sherman, Mr. Allen, and the Secretary, were authorized
to proceed to New Haven, and, by order of the General
Assembly, “in his Majesty’s name to require the inhabitants
of New Haven, Milford, Branford, Guilford, and Stamford, to
submit to the government established by his Majesty’s most
gracious grant to this colony, and to receive their answer.”
They were authorized to make declaration, that the Assembly
did invest Messrs. Leet, Jones, Gilbert, Fenn, Crane, Treat,
and Law, with the powers of magistracy, to govern their
respective plantations agreeably to the laws of Connecticut,
or such of their own laws as were not inconsistent with the
Charter, until their session in May next.

The gentlemen appointed to this service on the 19th of
November went to New Haven, and proceeded according to their
instructions.

About this time Governor Winthrop, Mr. Allen, Mr. Gould, Mr.
Richards, and John Winthrop, the committee appointed to
settle the boundaries between Connecticut and New York,
waited upon the commissioners on York Island. After they had
been fully heard in behalf of Connecticut, the commissioners
determined “that the southern boundary of his Majesty’s
colony of Connecticut is the sea; and that Long Island is to
be under the government of the Duke of York, as is expressed
in plain words in the said patents respectively. We also
order and declare, that the creek or river called
Mamaroneck, which is reputed to be almost twelve miles to
the east of West Chester, and a line drawn from the east
point or side, where the fresh water falls into the salt, at
high-water mark, north-northwest to the line of
Massachusetts, be the western bounds of said colony of
Connecticut; and the plantations lying westward of that
creek, and a line so drawn, to be under his Royal Highness’s
government; and all plantations lying eastward of the creek
and line to be under the government of Connecticut.”

In consequence of the acts of Connecticut, and the
determination of the commissioners relative to the
boundaries of the colony, a General Court was called at New
Haven on the 13th of December, 1664, and the following
resolutions were unanimously passed:

I. “That by this act or vote we be not understood to
justify Connecticut’s former actings, nor anything
disorderly done by their own people, on such accounts.

II. “That by it we be not apprehended to have any hand in
breaking and dissolving the confederation.

III. “Yet, in loyalty to the king’s Majesty, when an
authentic copy of the determination of his Majesty’s
commissioners is published, to be recorded with us, if
thereby it shall appear to our committee that we are, by
his Majesty’s authority, now put under Connecticut patent,
we shall submit, by a necessity brought upon us by the
means of Connecticut aforesaid, but with a _solvo jure_ of
our former rights and claims, as a people who have not yet
been heard in point of plea.”--ED. NOTE.

[25] While the churches were thus divided, they were alarmed
by the appearance of the Quakers. A number of them arrived
in Boston in July and August, and had been committed to the
common gaol. A great number of their books had been seized
with the view to burn them. In consequence of their arrival,
and the disturbance they had made in Boston, the
commissioners of the united colonies, at their court in
September, recommended it to the several General Courts,

“That all Quakers, Ranters, and other notorious heretics,
should be prohibited coming into the united colonies; and
that, if they should come or arise among them, they should
be forthwith secured and removed out of all the
jurisdictions.”

In conformity with this recommendation, the General Court of
Connecticut, in October, passed the following act:

“That no town within this jurisdiction shall entertain any
Quakers, Ranters, Adamites, or such like notorious
heretics, or suffer them to continue in them above the
space of fourteen days, upon the penalty of 5_l._ per week
for any town entertaining such persons. But the townsmen
shall give notice to the two next magistrates or
assistants, who shall have the power to send them to
prison, for securing them until they can conveniently be
sent out of the jurisdiction. It is also ordered that no
master of a vessel shall land any such heretics; but if
they do, they shall be compelled to transport them again
out of the colony, by any two magistrates or assistants,
at their first setting sail from the port where they
landed them; during which time the assistant or magistrate
shall see them secured, upon the penalty of 20_l._ for any
master of any vessel that shall not transport them as
aforesaid.”--ED. NOTE.

[26] Mr. Dudley, while president of the commissioners, had
written to the Governor and Company, advising them to resign
the Charter into the hands of his Majesty, and promising to
use his influence in favor of the colony. Mr. Dudley’s
commission was suspended by a commission to Sir Edmund
Andros to be Governor of New England. He arrived in Boston
on the 19th of December, 1686. The next day his commission
was published, and he took on him the administration of the
government. Soon after his arrival he wrote to the Governor
and Company that he had a commission from his Majesty to
receive their Charter, if they would resign it; and he
pressed them, in obedience to the king, and as they would
give him an opportunity to serve them, to resign it to his
pleasure. At this session of the Assembly the Governor
received another letter from him, acquainting him that he
was assured, by the advice he had received from England,
that judgment was by that time entered upon the _quo
warranto_ against their Charter, and that he soon expected
to receive his Majesty’s commands respecting them. He urged
them, as he represented it, that he might not be wanting in
serving their welfare, to accept his Majesty’s favor, so
graciously offered them, in a present compliance and
surrender. But the colony insisted upon their Charter
rights, and on the promise of King James, as well as of his
royal brother, to defend and secure them in the enjoyment of
their privileges and estates, and would not surrender their
Charter to either. However, in their petition to the king,
in which they prayed for the continuance of their Charter
rights, they desired, if this could not be obtained, but it
should be resolved to put them under another government,
that it might be under Sir Edmund’s, as the Massachusetts
had been their former correspondents and confederates, and
as they were acquainted with their principles and manners.

This was construed into a resignation, though nothing could
be further from the designs of the colony.

The Assembly met, as usual, in October, and the government
continued according to the Charter, until the last of the
month.

About this time Sir Edmund and his suite, and more than
sixty regular troops, came to Hartford, where the Assembly
were sitting, and demanded the Charter, and declared the
government under it dissolved. The Assembly were extremely
reluctant and slow with respect to any resolve to surrender
the Charter, or with respect to any motion to bring it
forth. The tradition is, that Governor Treat represented the
great expense and hardships of the colonists in planting the
country; the blood and treasure which they had expended in
defending it, both against the savages and foreigners; to
what hardships and dangers he himself had been exposed for
that purpose; and that it was like giving up his life now to
surrender the patent and privileges so dearly bought and so
long enjoyed. The important affair was debated and kept in
suspense until the evening, when the Charter was brought and
laid upon the table where the Assembly was sitting. By this
time a great number of people were assembled, and men
sufficiently bold to enterprise whatever might be necessary
or expedient.

The lights were instantly extinguished, and one Captain
Wadsworth, of Hartford, in the most silent and secret
manner, carried off the Charter and secreted it in a large,
hollow tree, fronting the house of the Hon. Samuel Wyllys,
then one of the magistrates of the colony. The people
appeared all peaceable and orderly. The candles were
relighted, but the patent was gone, and no discovery could
be made of it or of the person who had conveyed it away.

It was said that the Charter was delivered up, and that same
evening the apartments of Sir Edmund were entered and the
patent abstracted; but this does not appear to have been the
case. Sir Edmund assumed the government, and the records of
the colony were closed in the following words:

“At a General Court at Hertford, October 31, 1687, His
Excellency Sir Edmund Andros, Knight, and Captain-General,
and Governor, of his Majesty’s territories and dominions
in New England, by order from his Majesty James II., King
of England, Scotland, France, and Ireland, the 31st of
October, 1687, took into his hands the government of the
Colony of Connecticut, it being by his Majesty annexed to
Massachusets and other colonies under his Excellency’s
government.

“FINIS.”

Sir Edmund appointed officers civil and military. His
Council at first consisted of forty persons, and afterward
of nearly fifty. Four among the number--Governor Treat, John
Fitz Winthrop, Wait Winthrop, and John Allen, Esquires--were
of Connecticut.--ED. NOTE.

[27] Scarcely anything could be more gloomy and distressful
than the state of public affairs in New England at the
beginning of this year. But in the midst of darkness light
arose. While the people had prayed in vain to an earthly
monarch, their petition had been more successfully presented
to a higher throne. Providence wrought gloriously for them
and the nation’s deliverance. On the 5th of November, 1688,
the Prince of Orange landed at Torbay, in England. He
immediately published a declaration of his design in
visiting the kingdom. A copy of this was received at Boston
by one Mr. Winslow, a gentleman from Virginia, in April,
1689.

Governor Andros and his Council were so much alarmed with
the news, that they ordered Mr. Winslow to be arrested and
committed to jail for bringing a false and traitorous libel
in the country.

They also issued a proclamation commanding all the officers
and people to be in readiness to prevent the landing of any
forces which the Prince of Orange might send into that part
of America. But the people, who sighed under their burdens,
secretly wished and prayed for success to his glorious
undertaking. The leaders in the country determined quietly
to await the event; but the great body of the people had
less patience. Stung with past injuries, and encouraged at
the first intimations of relief, the fire of liberty
rekindled, and the flame, which for a long time had been
smothered in their bosoms, burst forth with irresistible
violence.

On the 18th of April the inhabitants of Boston and the
adjacent towns rose in arms, made themselves masters of the
castle, seized Sir Edmund Andros and his Council, and
persuaded the old Governor and Council at Boston to resume
the government.

On the 9th of May, 1689, Governor Robert Treat,
Deputy-Governor James Bishop, and the former magistrates, at
the desire of the freemen, resumed the government of
Connecticut. Major-General John Winthrop was at the same
time chosen into the magistracy, to complete the number
appointed by the Charter.

The freemen voted that, for the present safety of that part
of New England called Connecticut, the necessity of its
circumstances so requiring,

“They would reëstablish government as it was before and at
the time Sir Edmund Andros took it, and so have it
proceed, as it did before that time, according to charter,
engaging themselves to submit to it accordingly, until
there should be a legal establishment among them.”

The Assembly, having formed, came to the following resolutions:

“That, whereas this Court hath been interrupted in the
management of its government, in this Colony of
Connecticut, for nineteen months past, it is now enacted,
ordered, and declared, that all the laws of this colony,
made according to Charter, and courts constituted for the
administration of government, as they were before the late
interruption, shall be of full force and virtue for the
future, and until this Court shall see cause to make
further and other alterations, according to the Charter.”

The Assembly then confirmed all military officers in their
respective posts, and proceeded to appoint their civil
officers, as had been customary at the May session.--ED. NOTE.

[28] “AN ADDRESS TO KING WILLIAM, JUNE 18, 1689.

“TO THE KING’S MOST EXCELLENT MAJESTY: The humble address
of your Majesty’s dutiful and loyal subjects, the
Governor and Company of your Majesty’s Colony of
Connecticut, in New England.