USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 41
USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 41
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
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
573
APPENDIX VII.
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 Eng- land, 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
574
APPENDIX VII.
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 with- out 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 lov- ing, 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 consider- ation 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.
575
APPENDIX VII.
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 disturbers 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 done by you for our just sat- isfaction, 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 com- plaint of the great injuries done to this colony by Connecticut, in the presence of your commissioners, who for answer there- unto showed what treaties they had made with New Haven, but that plea was inconsiderable through your persisting in un- righteously 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 particu- larly expressed, together with the answer returned thereto by Connecticut commissioners, with some other debates and con- ferences 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
·
576
APPENDIX VII.
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 next 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 Colo- nies 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 confedera- tion 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 con- tempt, 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
1
577
APPENDIX VII.
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 pub- lished 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 21st 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 hi's majesty's special service, and directed To our very loving friend John Endicott, Esquire, governor of his majesty's planta- tions 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 majes- ty's service and the good of this country in general, expecting
-- -
578
APPENDIX VII.
upon displeasure the strict observance thereof, which this Court (this colony being situated by the sea-side, and so fitly accom- modated 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 princi- ples 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 divis- ion 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 di- rected 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 inhabit- ants of this colony heartily to close with the endeavors of the governor and assistants thereof for fulfilling his majesty's com- mands 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 declared as afore- said concerning this colony, at their peril be it. This Court shall not fail to call the said persons to a strict account 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
E
579
APPENDIX VII.
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 con- stable, and with reproachful speeches rejected, though sent in his majesty's name, and by the authority of our court of magis- trates. 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 30th of December, 1663, two of your magistrates with sundry young men and your marshal came speedily to Guilford accompanying Rosseter and his son, and countenan- cing 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 prac- tices, 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 accom- panied 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 Guil- ford alarmed the town, which when the governor took notice of, and of the unsatisfying answer given to such as inquired the
580
APPENDIX VII.
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 magis- trates there concerning matters at Guilford, that many were affrighted, 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 des- perate resolutions. The governor's messengers also excited to haste, as apprehending danger and reporting to them that Bran- ford 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 magis- trates 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., Ros- seter 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 pur- pose 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
---------------------
-------
581
APPENDIX VII.
your terms who have no right thereunto. And why is our union with you by our coming under your patent urged now as neces- sary 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 con- struction 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. Ist, Towards God, that you fear him, and therefore repent of your unrighteous dealing with us, and re- form 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 unrighteous- ness 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 col- ony 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 com- manded us, as a distinct colony, to serve him in weighty affairs,
582
APPENDIX VII.
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 incur 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 confedera- tion 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 pub- licly commended and committed our righteous cause, will pro- tect 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 effectu- ally 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 dis- tinct neighbor colonies, as we did above twenty years together before you received and misunderstood and so abused your patent, and in hope that our uncomfortable and afflictive exer- cises, by your encroachments upon our rights would issue therein, we have so long borne what we have suffered for peace'
583
APPENDIX VII.
sake ; now it is high time that we bring these unbrotherly con- tests, 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 fœdifragous, disor- derly persons shall continue within the towns belonging to this colony, to disturb our peace, despise our government, and dis- quiet our members, and disable us to obey the king's. com- mands. 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 com- mands and of the authority of this jurisdiction, and with Bray Rosseter and his son for all their 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 re- turn as followeth.
You are pleased to term our claims and our claiming our in- terest, an unjust pretence and encroachment upon your just and
584
APPENDIX VII.
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 con- viction.
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 in- terest 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 your- selves 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
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.