USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 34
USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 34
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Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44
"HONORED GENTLEMEN, - We have heard both the patent and the writing read, which those gentlemen (who said they were sent from your General Assembly) left with our committee, and have considered the contents according to our capacities. By the one we take notice of their declared sense of the patent and also of your desire of our uniting with yourselves upon that account. By the other we understand that his Majesty hath been graciously pleased (at your earnest petition) to grant liberty to the colony of Connecticut to acquire, have, possess, and purchase. &c., whatever lands, &c., you have gained or shall gain by lawful means within the precincts or lines therein mentioned, and also of his abundant grace to allow and establish you to be one body politic, for man- aging all your public affairs and government in a religious and peaceable manner, to the intents and purposes by his Majesty and the adventurers therein professed, over all persons, matters, and things, so gained by purchase or conquest, at your own proper costs and charges, according as yourselves informed you had
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already done. Now, whatever is so yours, we have neither pur- pose nor desire to oppose, hurt, or hinder in the least; but what ourselves (by like lawful means) have attained, as to inheritances or jurisdiction as a distinct colony, upon our most solemn and religious covenants, so well known to his Majesty and to all, we must say that we do not find in the patent any command given to you nor prohibition [permission ?] to us to dissolve covenants or alter the orderly settlements of New England, nor any sufficient reason why we may not so remain to be as formerly. Also, your beginning to procure and proceeding to improve the patent with- out us doth confirm this belief; but rather it seems that a way is left open to us to petition for the like favor, and to enter our appeal from your declared sense of the patent and signify our grievances. Yet if it shall appear (after a due and full information of our state) to have been his Majesty's pleasure so to unite us as you understand the patent, we must submit according to God; but for the present we cannot answer otherwise than our committee hath done, and likewise to make the same request unto you, that we may remain distinct as formerly, and may be succored by you as confederates, at least that none occasion be given by yourselves for any to disturb us in our ancient settlements until that either by the Honored Mr. Winthrop, by our other confederates, or from his Majesty, we may be resolved herein. All which means are in our thoughts to use, except you prevent, for the gaining of a right understanding, and to bring a peaceable issue or reconcilement of this matter; and we wish you had better considered than to act so suddenly to seclude us from patent privilege at first if we'are included as you say, and to have so proceeded since, as may seem to give advantage unto disaffected persons to slight or disregard oaths and covenants, and thereby to rend and make division, manage contention and troubles in the townships and societies of this colony, and that about religious worship, as the enclosed complaint may declare, which seems to us a great scandal to reli- gion before the natives, and prejudicial to his Majesty's pious intention, as also to hold forth a series of means very opposite to the end pretended, and very much obscured from the beauty of such a religious and peaceable walking amongst English brethren. as may either invite the natives to the Christian faith, or unite car
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spirits in this juncture, and this occasion given before any convic- tion tendered or publication of the patent amongst us, or so much as a treaty with us in a Christian, neighborly way ; no pretence for our dissolution of government till then could rationally be ima- gined. Such carriage may seem to be against the advice and mind of his Majesty in the patent, as also of your honored governor, and to cast reflection upon him, when we compare these things with his letters to some here ; for the avoiding whereof we ear- nestly request that the whole of what he hath written to your- selves, so far as it may respect us in this business, may be fully communicated to our view in a true copy or transcript of the same. We must profess ourselves grieved hereat, and must desire and expect your effectual endeavors to repair these breaches and restore us to our former condition as confederates, until that by all or some of these ways intimated we may attain a clear resolution in this matter. Unto what we have herein propounded we shall add that we do not in the least intend any dislike to his Majesty's act, but to show our sense of your actings first and last, so much to our detriment, and to manifest the consequent effects to God's dishonor, as also. to give you to know how we understand the patent, hoping that you will both candidly construe and friendly comply with our desires herein, and so remove the cause of our distraction and sad affliction that you have brought upon this poor colony : then shall we forbear to give you further trouble, and shall pray to the God of spirits to grant us all humility, and to guide us with his heavenly wisdom to a happy issue of this affair in love and peace ; resting, gentlemen, your very loving friends and neigh- bors, the freemen of the Colony of New Haven.
"I' JAMES BISHOP, Secretary, " In the name and by order and consent of the Committee and freemen of New Haven Colony.
" Postscript .- We have also thought fit to send our reasons en- closed, which are the ground of this answer we return, and desire the whole may be read and communicated to the General Assem- bly, entreating an answer with all convenient speed, or from the committee if so empowered."
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Four days previous to this Court of the Jurisdiction, there had been a general plantation court at New Haven, when, after Deputy-Gov. Gilbert had read the charter, the written declaration of the committee from Connecticut, and the reply of the magistrates and elders, "Mr. John Davenport, pastor of the church of Christ at New Haven, declared unto the town that he wrote to Mr. Winthrop, before he went to England, not to have any hand in such an unrighteous act as to involve us in their patent. To which he wrote to him in two letters, one from Mattabesick and another from the Manhatoes at his going away, part of which was read, wherein he expressed his contrary purpose and the expressions of some other of their magistrates to the same purpose. And also Mr. Davenport presented a letter, which he received the last night from Mr. Richard Law of Stamford, and read it to the town, wherein was intimated their sad state by reason of the turbulent carriages of some of their inhabitants which Connecticut colony had admitted and so dismembered us, and some would say they were rebels against the king and the jurisdiction of Connecticut. Also he further informed the town of the treaty they had with those gentlemen of Connecticut aforesaid, and how they had showed them the wrong they had done us, in dismembering of us at Stamford, Guilford, and South- old, and all this before they had consulted with us, and showed them their evil therein, but received no satisfaction from them about it.
"Mr. Davenport also propounded sundry reasons to be considered, both why we were not included in Con- necticut patent, and also why we may not voluntarily
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join with them, with some directions what answer to re- turn, that so they may see their evil in what they have done, and restore us to our former state, that so we and they may live together in unity and amity for the future.
" The Deputy-Governor declared that the things spoken by Mr. Davenport were of great weight, and he desired all present would seriously consider of them.
" Mr. Street, teacher of the church of Christ at New Haven, declared that he looked upon the reasons pro- pounded by Mr. Davenport to be unanswerable, and that both church and town had cause to bless God for the wisdom held forth in them, and wished them to keep the ends and rules of Christ in their eye, and then God would stand by them ; and did second the direc- tions given, with one Scripture out of Isa. xiv. 32, and from thence did advise that our answers should be of faith and influenced with faith, and not of fear.
"The matter was largely debated, and sundry ex- pressed themselves as disliking the proceedings of Con- necticut in this business, as Lieut. Nash, Mr. Tuttle, Mr. Powell, &c., and desired some answer might be given that way, with a desire of restoring us to our former state again, and then by general vote declared their disapproving of the manner of Connecticut colo- ny's proceeding in this business."
There being no meeting of the General Court of Connecticut till the following spring, and their com- mittee returning no written reply to the communica- tion from New Haven, though, in a personal interview as is intimated in New Haven's Case Stated, they sig- nified their persistence in their "own will and way," New Haven through its committee forwarded an
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appeal to his Majesty, but advised their friends in London who served them in the business, to communi- cate their papers first to Winthrop, that if possible the difference between the colonies might be settled with- out further recourse. Accordingly the papers were shown to Winthrop, and he stopped the proceeding of the appeal to the king by engaging that Connecticut should cease its injurious treatment of New Haven. In fulfilment of that engagement he wrote a letter dated March 3, 1663, to Major Mason, Deputy-Gov- ernor of Connecticut and, in the absence of Winthrop, its acting governor, to be communicated to the other magistrates, which is as follows : -
" GENTLEMEN, - I am informed by some gentlemen who are authorized to seek remedy here, that since you had the late patent, there hath been injury done to the government of New Haven, and in particular at Guilford and Stamford in admitting several of the inhabitants there unto freedom with you, and appointing offi- cers, which hath caused division in said 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 further 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 planta- tion 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 con- ference 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
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representation, how far you are engaged, if any injury hath been done by admitting of freemen, or appointing officers, or any other unjust intermeddling with New Haven Colony in one kind or other without the approbation of the government, that it be forthwith recalled, and that for future there will be no imposing in any kind upon them, nor admitting of any members without mutual consent ; but that all things be acted as loving, neighboring colonies, as before such patent granted. And unto this I judge you are obliged, I having engaged to their agents here that this will be by you performed, and they have thereupon forborne to give you or me any trouble. But they do not doubt but upon future consideration there may be such a right understanding between both governments that an union and friendly joining may be estab- lished to the satisfaction of all, which at my arrival I shall also endeavor (God willing) to promote. Not having more at present in this case, I rest
" Your humble servant,
"JOHN WINTHROP. " For Major John Mason, Deputy-Governor of Connecticut Colony, and the rest of the Court there at Hartford, dd."
This letter, or a copy of it in Winthrop's handwrit- ing, was by him delivered to the agents of the New Haven Colony, and by them sent to Gov. Leete. A year after the date thereof, the Connecticut committee allege that it had never been seen by Major Mason or themselves, and intimate that it was sent to Guilford to be forwarded to Hartford. Gov. Leete evidently had regarded it as a copy sent to him to inform him how the negotiation stood between the agents who acted for the two colonies in London. Winthrop's letter was so satisfactory to the agents of New Haven (as is evi- dent from the letter itself) that they did not proceed with the intended appeal to the king. When received by Leete, it was equally satisfactory to the magistrates
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and elders who were in charge of New Haven's case. The letter, being dated March 3, reached New Haven not many weeks before Winthrop's arrival in June.
At a general assembly, held at Hartford in March, 1663, the Court "voted and desired the deputy-gov. ernor, Mr. Matthew Allyn, Capt. John Talcott, and Lieut. John Allyn, and for a reserve to the major, Mr. Wyllys, as a committee to go down to New Haven to treat with our honored and loving friends about their union and incorporation with this colony of Con necticut. And in case the committee cannot effect a union according to instructions given them by the Court, that then they endeavor to settle a peace in the plantations until such time as they and we may be in a further capacity of issuing this difference, and to act in reference hereunto as they judge most meet." Another order was "that in case the committee do not issue an agreement with New Haven gentlemen according to their instructions, before their return, that then all propositions and instructions from the Court, respect- ing union with that people, are void and of none effect."
Three of this committee were in New Haven a few days afterward, where they made the following commu- nication : -
" Some Proposals to the Gentlemen of New Haven, &c., in refer- ence to their Firm Settlement and Incorporation with us of Connecticut : -
" I. We shall in no wise infringe or disturb them in their order of church government, provided we remain free from any imposi- tions from the supreme powers of England.
" 2. That those who have been of the magistracy in New
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Haven Colony shall be invested with full power to govern the people within those limits until our General Assembly in May next.
"3. That there shall yearly be nominated to election a propor- tionable number of assistants in the plantations of New Haven, Milford, Branford, and Guilford, as shall be for the rest of the plantations in our colony.
"4. That those who have been freemen of New Haven colony shall be forthwith admitted freemen of our corporation, unless any person be justly excepted against unto us.
"5. That New Haven, Milford, Branford, Guilford, shall be a distinct county wherein there shall be chosen yearly such civil officers as may carry on all causes of judicature amongst them- selves which extend not to life, limb, or banishment.
"6. That there shall be, once a year at the least, a court of assistants at New Haven to prevent unnecessary trouble and expense to those that do appeal from the sentence of the former court, and to hear and determine all matters that respect life, limb, and banishment.
" 7. That each of the forementioned towns shall have liberty to send two of their freemen as deputies to our next General Assembly.
"8. Whatever privileges else you shall propound consonant to the tenor of our charter, we shall be ready to attend you therein.
"9. That, in case these our proposals be not accepted before . our departure, then they are to be void and of no effect.
" MATH. ALLYN, SAM. WYLLYS, JOHN ALLYN.
"NEW HAVEN, March 20, '63."
The answer of New Haven to these proposals, in the handwriting of William Jones, is as follows : -
" Whereas we discern by the order of the General Court of Connecticut, dated March the 11th, 1663, that the gentlemen their committee were limited to conclude at this present meeting with
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us, otherwise their power ceases ; our answer in general is that we are not in a capacity so to do : -
" I. First, because we are under an appeal to the king where- unto we do adhere, and therefore cannot act contrarily without dishonor to his Majesty, and prejudice to our own right until his royal determination be known in the question depending between us.
"2. Because we cannot in conscience conclude to dissolve our distinct colony by uniting with Connecticut without the express consent of the other colonies declared from their general courts respectively.
"3. Because we are limited by our freemen not to conclude any thing for altering our distinct colony state and government without their consent.
"Yet shall we, in order to an issue betwixt us with love and peace, which we desire them by all loving carriages to promove in the interim of our deliberation, consider of their propositions and communicate them to our freemen, as we may have a conven- ient opportunity.
"But whereas we observe in their propositions that Stamford is left out, as if it were no member of us, we must and do profess ourselves unsatisfied with that omission, because we apprehend ourselves bound to seek and provide for their liberties and com- forts as our own.
" WILLIAM LEETE, " In the name of our Committee.
" NEW HAVEN, 20th of Ist mo. (§3)."
On the 6th of May a general court for the jurisdic- tion was held at New Haven, when "the governor informed the Court of the state of things in reference to Connecticut, and how the committee had acted ; and the proposals of the gentlemen of Connecticut were read with the answer of our committee.
"It was propounded whether we should make any alteration of the usual time of our election, we standing
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in the state we do and waiting for an answer to our appeal. After debate, it was concluded as best to go on with our election as formerly, and make no altera- tion, but stand in the same state we were when we made an appeal, and, if any thing should come from Con- necticut by way of prohibition, then to have a protest ready to witness against them, we being under an appeal to his Majesty.
"It was also propounded, whether we should not send up a remonstrance of our grievances by their unsuita- ble carriages towards us in the state wherein we are, it being a question whether the general assembly of Connecticut is rightly informed of our state ; a draft whereof (being prepared) was read and well approved for the substance of it and, after debate upon it, was by vote concluded to be sent, only with alteration of some passages therein, which was done and sent to Major John Mason, that by him it might be communi- cated to their general assembly." I
In accordance with the resolution recited above, the annual election was held on the 29th of May, when the officers chosen "all took oath for the year ensuing, or until our foundation settlements be made null." On the same day a general court for the jurisdiction was held, at which the governor told the court that they knew how we stood in reference to Connecticut Colony, and that there was a committee appointed for the last year : therefore propounded, whether they would em- power the same again ; which being voted, it was con- cluded both for the same persons and the same power as the last year."
I The remonstrance may be found in Appendix No. VI.
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Gov. Winthrop arrived not long afterward from Europe. The New Haven people were earnestly desir- ing his arrival, hoping that he would, in accordance with the spirit of the letter he had written to Major Mason and the other magistrates of Connecticut, "come with . an olive-branch." The earliest intimation of his being in Hartford is in a letter to him from Davenport, who writes : -
" To the Right Worshipful John Winthrop, Esquire, Governor of Connecticut, these present at Hartford.
" HONORED SIR, - These are to congratulate your safe arrival and return to your family, where you have been ardently desired and long expected. Blessed be our good God, in Jesus Christ, . who hath, at last, mercifully brought you off from court-snares and London-tumults and European troubles, and from all perils at sea, and hath preserved your precious life and health, and hath carried yourself, with your two sons, as upon eagles' wings, above the reach of all hurtful dangers, unto your habitation, and hath kept your dear wife and all your children alive, and made them joyful by your safe and comfortable return unto them. Together with them, I also, and my wife and son and daughter, rejoice herein. as in a gracious answer of many prayers, and in persuasion that you are come with an olive-branch in your mouth ; according to the encouragement and assurance which I have received in some letters to myself from Captain Scott and from Mr. Halstead; and from one sent to Mr. Leete, which is either the protograph or a copy of your letter to Major Mason, which seems to be written by yourself, but the seal was broken open before it came hither. Whether he hath that letter from Major Thompson, which you mention, or not, I know not. But I hear he hath one from Mr. Whitfield, the contents whereof I have not heard. Sir, give me leave to take notice of one passage in yours [that there is nothing but misunderstanding that could occasion such apprehensions of any injury done to New Haven or their concernments ; and those friends above mentioned were fully satisfied thereof, and wondered
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much that it was not better understood by yours]. It was written in the line, them ; that being blotted out, it is interlined, yours ; which makes the sense of the whole very dark to me. For if, by yours, be meant our committee of magistrates, elders, and depu- ties, intrusted by the freemen of this colony to treat with our friends of Connecticut, I shall wonder at their wondering. For : 1. That manifest injury is done to this colony, is proved by instances in the writings sent to Connecticut and to England. 2. Nor did we misunderstand the patent, but saw and pleaded that New Haven Colony is not mentioned therein, and that it was not the King's purpose, nor yours, to destroy the distinction of colonies, nor our colony-state ; and, in that confidence, desired that all things might stand, in statu quo prius, till your return ; which, when we could not obtain, we were compelled to appeal to the King; yet, out of tender respect to your peace and honor, advised, as you know, our friends to consult with you before they prosecuted our appeal or delivered my letter to my lord chamberlain. Our friends at Connecticut regarded not our arguments, which yet, I know, are pleadable and would bear due weight in the Chancery and at the Council Table, and one of them yourself is pleased to establish in your letter to Major Mason. 3. Nor is it to be wondered at, if we had misunderstood the things which we wanted means to under- stand from yourself ; who neither in your letter to me from Lon- don, dated May 13, 1662, which I received by Mr. Ling, nor in your next, dated March the 7th this year, signified to me any other thing than that New Haven is still a distinct colony, notwithstand- ing the Connecticut patent. I do the more insist on this, because I am told that Mr. Stone, in a letter which he sent unto one in Fairfield (ni fallor), saith that he had received a letter from Mr. Winthrop, who wondereth that New Haven do question their be- ing under Connecticut, or to that purpose ; which is understood as concluding the dissolution of this colony, which, I perceive by what yourself and others have written. is a misunderstanding of your meaning, so that the misunderstanding is to be wondered at in them, not in us. As for what Mr. Leete wrote to yourself, it was his private doing, without the consent or knowledge of any of us in this colony; it was not done by him according to his public trust as governor, but contrary to it. If they had treated with us,
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or should yet, as with a distinct colony, we. should readily agree with them in any rational and equal terms, for the settling of neighborly peace and brotherly amity between them and us, mutu- ally, who have already, as you see, patiently suffered wrong, for peace's sake, in hope of a just redress, at your return into these parts. I would not have mentioned these matters in this letter, (which I intended only for a supply of my want of bodily fitness for a journey to Hartford, to give you a personal visit, in testimony of my joy for your safe arrival and return), but that the expression 'forenoted compelled me to speak something to it. I long to see your face, and am in hope that shortly, after your first hurries are over, we shall enjoy your much-desired presence with us in your chamber at my house, which shall be as your own while it is mine. Then we may have opportunity, by the will of God, to confer placidly together, and to give and receive mutual satisfaction, through a right understanding of what is done in our concern- ments. Myself, my wife, my son and daughter, do jointly and severally present our humble service to your honored self and Mrs. Winthrop, with our respectful and affectionate salutations to your two sons and to all your daughters, praying that blessings from heaven may be multiplied upon you and them, through Jesus Christ, in whom I rest, Honored Sir,
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