USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 42
USA > Connecticut > New Haven County > New Haven > History of the colony of New Haven to its absorption into Connecticut > Part 42
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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
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the limits of the same, for our purchasing of one piece of land gives us no right to our neighbor's field ; and it is a difficult undertaking to maintain your Indian purchase from the right owner thereof, or to plead a better right than Connecticut who had the right of conquest, and as added to conquest a deed of gift from the great sachem Sowheag, and under both those rights possessing ; and by the court of Connecticut allowing you a plantation right in that place, and then calling whom their agent that possessed the same, we may well question the founda- tion of your government, unless you can find and show a Con- necticut court record allowing the same.
And as for Stamford's being joined to New Haven govern- ment by consent of Connecticut, there is no record extant that we can find ; but provided it be true as you say, they are but words of course, as the case now stands, because the conclu- sion follows not upon the premises, but rather all your many instances are but so many flourishes as blinding mists, to darken the truth as now it is.
Your high prizing of Mr. Eaton, that worthy man deceased, who we own was wise, grave and godly, and we could also say that we have had governors not much inferior, who now with him lie in the dust, but such applauses little promote our state concernments in this present contest ; wherefore we shall pass them over as not so pertinent.
But you say from the first you maintained your Quilipiage against the claim of the Dutch, by hewing out the King's Arms in wood, and advancing them (marble and brass are the more lasting) ; but we of Connecticut maintain our rights and claim now, by the king's arms in wax, which is a confirming seal to his royal pleasure in express words and directions for our settle- ment for ever hereafter.
You say all New England consented that New Haven should be and were a distinct government, except Rhode Island. It is likely that is a mistake, for Piscataway was then a government,
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and Agamenticus, and several other planted places more east- ward, whose consent and approbation was never sought for as we suppose, but if it were as is said, there is no danger to yield to it or argument in it to advantage.
The main argument as follows is the combination and solemn confederation, unto which we answer.
I. The combination did not constitute a government with power and privileges, only amicable compliance and mutual helpfulness in common concernments, as bordering friends and neighbors in a distracted wilderness.
2. The casual inducement of the combination was a former exigence felt (as in the Pequot War) and for future feared, as vis unita fortior, to deter a common enemy from future attempts in like kind, and to promote mutual welfare.
3. As a vow is disannulled by the contradiction of a superior, so where the word of a king is there is power ; and we having the word of a king, with a religious loyalty we are to observe it when we may do so, without sin in doing so.
4. It is our duty (when without sin we may so do it) to obey our king in his lawful commands, when every year we take our solemn oaths exactly to attend all his and our lawful appoint- ments.
These particular arguments also answer the common title of the four united colonies, for by the combination came in that union.
And for a title of a Colony, it is not a title of honour properly, neither doth it imply government ; the basis of our government is not that empty title, but as subjects of his royal majesty by his abundant grace we are created and made a body politic and corporate with power and privileges, and the extent of our corporation ordered to be all that part of his majesty's domin- ions in New England, bounded as our charter expresseth, and entrusting us with the care of all the plantations therein and the government of all the people thereof ; and because it is a duty
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APPENDIX VII.
incumbent on us to be faithful to our trust, we do declare and claim (not with a flourish of empty words) as under our gov- ernment, all those plantations which you possess and have formerly governed as peculiarly belonging to our corporation, requiring your subjection to our order and laws in observance to the order and appointment of our royal sovereign and yours.
Then you improve as another argument that Mr. Gregson intended to procure a patent, and was employed therein by yourselves, with the consent of Connecticut, for the procuring of power and privileges, for both are implied by your mention of a patent, though there be no enforcing argument for what you intend it in these presents, yet we must take notice of what may appear as contradiction and our advantage, for this en- deavor succeeded the combination, and therefore it was then the conclusion both of yourselves and us (as you say) that . our combination was not sufficient, patent right was requisite, yet perusing the preface to the combination, we question the truth of it, it being neither upon record and that preface in plain and full words expressing that by reason of sad distrac- tions in England by which we were hindered both from seeking and reaping the comfortable fruits of protection, &c., which is the great privilege conferred by letters patents, and if then patent right was requisite, now we have obtained it and you are included within it, wherefore ready submission would better- be- come you than bold insultings and charges. We pass particu- lars briefly, knowing that a word to the wise is sufficient.
You say Connecticut sought a patent without your consent, when you had formerly taken in their consent to Mr. Gregson's intention as before : we say as before we have said, we can find no record witnessing the same ; but to take off your causeless offence herein, we doubt not but you well know that we paid hundreds of pounds to Mr. Fenwick and his agents for patent rights several years together, and we will now inform you we had a full promise and engagement for the sending and deliver-
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ing into our possession that patent which we had paid so dear for, the date of the grant of which patent did precede the com- bination, or your knowledge of a place called Quilipiage in New England, and this patent which now we have is but that which formerly we should have had, with some small addition and in- considerable alteration, and neither that addition or alteration reflecting upon yourselves in any measure. Our owning of you in a tacit way we doubt not but will be judged a favour in the true sense, of such as have eyes to see and hearts to under- stand.
As for your letter from the Lords of the Council, persons whom we highly honour as yourselves do, yet we suppose it was sent in the time of the great distractions in England, when the king was separate from his parliament, but now we have re- ceived letters patent confirmed by broad seal and writ of privy seal, king, council, and parliament all consenting, and not only owning of, but establishing us with corporation power and privileges, upon which we may act more boldly than on a pre- sumption only, and are bound to act so, and that under oath and by royal appointment.
Your affirming Connecticut had no patent but within these two years last past we have fully answered it before ; a patent formally confirmed and possessed we had not till of late, though we had payed a considerable sum, and had the same firmly engaged. Had we had it before, we should have acted upon it as now we do, and probably more vigorously.
Greenwich settled by the commissioners was in the time of ignorance which doth not alienate a true proper right forever.
As for that friend's warning letters to our honored governor, &c., we know not what they were, but it is attested that your then governor desired our honored governor to include New Haven within our charter, and by a letter and improving his interest in some friends he further endeavored the same.
You affirm, if New Haven were within the patent they should
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have been warned to the first general assembly, for we could not constitute a general assembly without them; this is hardly worth an answer, but to prevent a cavil, the power and privilege was not conferred on New Haven but on Connecticut, and this evidently appears, because the favour extended is unto those that formerly had purchased, conquered, and now petitioned ; and we should have acted imprudently, disorderly and justly offensive to our associates so to have done, before we had dis- covered his majesty's favour towards them in his gracious grant, and preferring others less obliged.
The next particular presented is the rent and disturbance thereby to your government and orderly constitution (as you say) by our admission of some of your members under our pro- tection. Those of your members (as you term them) clearly perceiving themselves included, and advisedly considering their duty for willing and ready observance of his majesty's pleasure and appointment, and for obedience unto our corporation power as ready subjects to both, owning us as we are truly delegated, we could not without some danger but accept of them, con- firming security and protection, and do conclude the like ready obedience from yourselves would have been more regular and comfortable to yourselves at last ; the event will discover.
Now to give you a short answer to our honored governor's letter to Major Mason, which as yet never came to our honored Major or our hands ; if it be with you, you had done well if you had sent it us.
2. As for his engagement, it was after we had received your members (as you term them), it evidently appears, the com- plaint being upon that account.
3. We had then received our letters patent, and acted ac- cording to our instructions and directions in them from his majesty ; our true loyalty to his gracious appointments and our proceedings therein his majesty hath determined and warranted pleadable in law against himself and his successors, and so we stand free.
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But in respect of the honor of our worshipful governor, as we are able we shall answer.
I. Our governor knew the extent of the patent, the desire of your then governor, as by letter and persuasion of friends ap- pears, and therefore in the order of the patent acted innocently and blamelessly, espressing his great courtesy and tender re- spect towards you, and this bluster of yours is a very ungrateful return for all his love, favour and tenderness.
2. Yourselves could not but be well acquainted with what we expressed, before you sent into England unto our honored gov- ernor by way of complaint, for you had received a copy of the patent by our first committee sent from Connecticut unto you.
3. You know that the absolute power was now in the hands of the corporation of Connecticut to do according to the tenor thereof, and not in our governors power to alter the same.
4. Our honored governor receiving your complaint (and from a tender affection and favour towards yourselves) endeav- ored to do his utmost to promote your desires ; and what a reward he hath for his labour of love from you, the world may judge.
5. Lastly, this cannot advantage your cause nor be an evi- dence in your plea, for he passeth no engaging promise to you therein, but as a friend persuading those whom it altogether concerns to do what possibly and fairly may be done, with the highest engaging expressions adventuring as far as may be to do you a kindness, which you should have accepted if you had known yourselves.
For the commissioners' last act in relation to those our con- cernments, their caution introduced in relation to the Dutch, is a wary answer, saving our allegiance to his majesty and interest by patent, which you may accept of as our present answer to your allegation, for there is a stronger argument in it than yours alleged.
And for your mathematical measures and discovery, it might
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do us some service in the line betwixt us and the Massachu- setts, if you have an able artist, when he is desired by them and us to attend that service ; but our charter is the true astro- lobe for our south bounds.
Gentlemen, these shadows being flush and fled, in the next place we shall make some short return to your sharp reproofs, and answer your arguments briefly.
Our return to the narrative gives you a full answer to all your arguments, yet to silence cavils full of empty adored conceits, to each argument we shall take the pains to give a short answer, only premising to prevent tautology.
I. Yourselves have proclaimed our king, owned him your sovereign and yourselves his subjects, and the places you possess part of his majesty's dominions abroad, and in your present writing declaring that you intend (if not already attempted) to improve means for obtaining a patent.
2. You well know a king in his own dominions is by all men termed pater patria, and in Scripture record he is said to be a nursing father, and then all his subjects or his children bound to obey. (Eccles. viii. 2; I Pet. ii. 13, 14.)
I. Argument : That Connecticut in entertaining some inhabit- ants of Stamford, Guilford, and Southhold, they did it by a pretended power against the just right of New Haven Colony and without their knowledge or consent.
This assumption is false, both in the pretended power men- tioned, and the just right as you apply it. For, I. Our power is real, not pretended ; it is formally legal, as by our letters patent doth undeniably appear, being ratified by broad seal. 2. For your just right, that appears to be your pretence and presump- tion only, and it cannot be maintained unless you can show a deed of gift sealed as ours and precedent also. And 3dly, Whereas you say what we did was without your knowledge and consent, we answer : 1. Your consent was not absolutely requi- site, the places possessed by them being within our charter
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APPENDIX VII.
limits and the government of the people committed to our care, and they claiming it as their privilege, and ourselves clearly perceiving it to be so, could not deny them without unfaithful- ness in our trust.
Hence your prolix discourses (by way of explication of this argument) respecting the 5th and Sth commandment, reflect upon yourselves as the transgressors, withstanding your ready obedience to the order and appointment of your nursing father, and attempting to intrude, and actually disturbing of us in our just rights. As for your purchase of the Indians, it is very questionable whether you purchased of the right owners ; but if you did, as yourselves say, yet you purchased but land of them and not jurisdiction power, about which is our only contest.
2. Argument : Connecticut have assumed to themselves power of jurisdiction over part of our members without just right thereunto.
This assumption is altogether false, for, I. We assumed not this power to ourselves ; our letters patent are our witness, which declare that his royal majesty, of his abundant grace, certain knowledge and mere motion, hath created and made us a body politic and corporate, to exercise our government over all, yourselves not excepted, which is sufficient to discover our just right beyond exception, and to cavil against it is only to bid battle to a shadow.
As for your mathematical demonstration, we judge it not worthy to be weighed in the balance of reason, it is so unrea- sonable. I. If we exceed our line and limits it is a trespass against the king : when his attorney general appears, then we will plead our patent, for his royal majesty of his abundant grace hath made it pleadable against himself and for the best behoof of the governor and company. 2. If you had a patent and there were to be a line settled for peace between us, we should readily attend you therein, but we cannot understand that his majesty hath yet given you distinct from us a mathe- matical line.
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3. Argument : Connecticut have acted contrary to promise and confederation.
ANS. - In nonage the contradiction of a superior makes void : a father disannuls the child's act, that is powerless ; for the dispose or gift of government is only the gift of the nursing father within his own territories and dominions; if otherwise, it was blamable folly to be at such large expense to procure a patent, when the commissioners might have granted it for an inconsiderable sum, and it will be the like folly in your- selves, especially being minded and forewarned of it; the true question here is whether his majesty's appointment or the commissioners' is of most force and valid.
4. Argument : Connecticut have done contrary to the general rule of love and righteousness.
ANS. - I. In every argument we find the question begged. 2. Hence the assumption is false. But 3dly, to apologize for our love and righteousness : 1. For love : by your then chief in government our governor was solicited to include New Haven within our patent, both by speech and letter, and friends in England were improved by some of you to persuade to and promote the same, and according to your desires attended the best expedient to express sincerity of love, your case and condition at that time duly considered ; and since by our many loving insinuations, solicitings, and loving treaties. both for your own good and ours, and large offers of immunities and liberties as great as our own, and as far as we could possibly extend our charter ; what could we have done more. 2. For righteousness : the extremity of justice we have not used, but .the moderation of justice ; we might have immediately declared you under our government, required your subjection, upon refusal severely censured, and have justified what we had done ; yet we have used much patience, forbearance, waiting, and expense of much time and charges, if possibly we might have gained you without much extremity, and we doubt not but
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understanding judges will interpret it an extreme condescend- ency and chargeable labor of love ; besides for righteousness. you were included in our former patent grant, which was before your being or your plantation, and at chargeable purchase to ourselves, and this our patent expresses it a valuable considera- tion of our present confirmation. And now having so fully expressed ourselves and informed yourselves, we can appeal to all the Christian world for judges.
5. Argument : If the general assembly upon the receipt of your patent agreed to treat with New Haven about union, and in the interim accept of some of your members without your consent, they dealt unrighteously, but so Connecticut did.
ANS. - This argument looks like a chaos, there is so much jumble in it ; it is hypothetical with a sequel in the first propo- sition, which is to be denied as a non sequitur, for both may be without any unrighteousness, for it is the king that hath united you and us; to have refused the ready submission of any, had become unrighteousness towards the persons tender- ing that obedience, and a negligent retarding of the king's appointment ; the vote for a treaty for union only respected the modus, for a more placid entertainment of what in duty and loyalty was to be attended. If authority entertains one that voluntarily offers himself, persuades another, commands a third, he sins in neither, nor though he had determined to treat with them together before that ; and truly the greatest danger of dismembering, and loosing an ear, is in refusing submission to his majesty's lawful appointment.
Argument 6th : Connecticut pleads a power over New Ha- ven by virtue of a patent, and it gives them no such power, whereby they abuse that patent and deal unrighteously.
ANS. - This answered before, and it is too favorable to say it is like two sentences in one sense, rather six sentences and no sense; like men spoken of in the prophet, that have eyes and see not, hearts and understand not.
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To the remaining arguments we say, and sufficient is said to maintain it : I. That our entertainment of those members was righteous, our promise of protection lawful ; therefore that we may avoid unrighteousness, and it perform we must. 2. Their submission was righteous and commendable : we dare not call good evil. 3. Then if Joshua took himself bound to keep promise with the Gibeonites who acted wilily, and were of that people which were appointed to destruction, much more must we, when people of our own language, nation, profession, and friends, are appointed and ordered under our care and protec- tion, keep our promise with them, allowing them an interest in all our privileges which are common to them as well as ourselves.]
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INDEX.
A.
Abbot, George, Archbishop of Canterbury, 19, 20, 26, 35, 41, 160. Abbot, Sir Maurice, 35.
Ahaddon, alias Joshua, 333. Akerly, Robert, 173.
Allerton, Isaac, 135, 204, 435, 543, 546.
Allerton, Isaac, Mrs., 435, 544, 548, 552.
Allerton, Isaac, jun., 370. Alling, John, 547, 550.
Alling's, John, wife, 552.
Alling, Roger, 109, 133, 290, 291, 543, 545, 550, 556.
Alling, Sister, 544, 548, 553.
Allyn, John, 477, 478, 485, 486, 491, 500, 502, 503, 506, 507, 513, 514, 515, 518, 521, 522, 523, 524. Allyn, Matthew, 465, 467, 477, 478.
Alsop, Joseph, 419, 546, 550.
Alsop, Goodwife, 548, 553, Andrews, Nathan, 142. Andrews, Samuel, 381.
Andrews, William, 100, 102, III, 147, 218, 297, 446, 542, 545, 550.
Andrews, Goodwife, 549, 554.
Ansantaway, 91, 318.
Arbella, Eaton owned one-sixteenth of, 51. Armor, defensive, 298.
Arms, persons subject to military duty must furnish themselves with, 294, 297. In- spection of, 295, 296, 297, 303. Arrival at Quinnipiac of its first planters, 69. Artillery Company, 296, 304. Ashford in Kent, 42, 43.
Astwood, John, 156, 157, 389. Athletic games, 306.
Atkinson, Luke, 110, 148, 543. Atkinson, Goodwife, 549.
Atwater, David, 43, 47, 111, 144, 213, 290, 543, 546, 550.
Atwater's, David, wife, 544, 547, 552.
Atwater, Joshua, 43, 47, 63, 111, 141, 208, 211, 220, 265, 542.
Atwater, Sister, 544.
Atwater, Thomas, 47.
Augur, Nicholas, 123, 190, 204, 290, 311, 322, 367, 369, 546, 550.
Austin, Francis, 167.
Average time of voyages from London to Boston in the seventeenth century, 54. Axtell, Nathanael, 109, 136. Aylmer, John, 53, 54.
B.
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Bacon, Francis, 10. Bacon, Leonard, 60, 101, 206, 208, 212, 239, 428, 435. Bailey, Samuel, 109, 135.
Baker, Thomas, 159. Baldwin, John, 155.
Baldwin, Joseph, 155.
Baldwin, Nathanael, 155. Baldwin, Richard, 155. Baldwin, Timothy, 137, 155.
Baldwin, Widow, 110, 137, 155, 229.
Ball, Allen, 142, 150, 546, 550.
Ball, Goodwife, 543, 553. Bannister, Edward, 97, 110, 148, 542. Bannister, Goody, 544.
597
598
INDEX.
Baptists at New Haven, 232. Barker, Mr., 207. Barn, Mr. Newman's, meetings in, 95, 99, 147, 163, 164.
Barnes, Obadiah, 153.
Barnes, Thomas, 546, 550.
Barnes, Goodwife, 549, 552. Bartlett, George, 166, 311.
.
Bassett, John, 132, 218, 543. -
Bassett, Sister, 544, 548, 553.
Bassett, Robert, 219, 311, 376, 405, 406, 407. Bassett, William, 150, 546, 550.
Beach, Richard, 97, 110, 149, 152, 543.
Beach, Goody, 545.
Beamont, Thomas, 152, 153, 547, 552.
Beamont, Goodwife, 549, 553.
Beckley, Richard, 111, 147, 543, 546.
Beckley, Sister, 544, 543.
Beecher, the elder, Goodwife, 549, 553. Beccher, Isaac, 63, 547, 551.
Beecher, John, 63.
Beecher, Lyman, 63.
Bell, Abraham, 110, 140, 543.
Bell, Francis, 175, 175.
Bellingham, William, 84, 442, 535.
Benedict, Thomas, 173.
Benham, John, 109, 125, 429, 542, 545, 546, 551. Benham, Sister, 544. 548.
Benham's, John, wife, 549, 553.
Benham, Joseph, 547, 551. Benham's, Joseph, wife, 553.
Benjamin, Richard, 173.
Benton, Edward, 166. Besthup, Mr., 322. Betts, Thomas, 166, 167.
Bishop, James, 118, 291, 472, 496, 500, 513, 520, 522, 525, 545, 550, 556, 560, 565, 585. Bishop, Goodwife, 548, 552.
Bishop, John (of Guilford), 161, 164, 167, 163, 500. Bishop, John, Rev. (of Stamford), 242. Bishop, Stephen, 167. Blackley, Samuel, 167, 551. Blayden, William, 547. Blinman, Richard, 275, 346.
. Booth, John, 173. Boreman, William, 167. Botsford, Henry, 311. Bowers, John, 266, 267, 546.
Bowers, Mrs., 548. Boykin, Jarvis, 111, 146, 218, 311, 542, 545. Boykin, Sister, 544, 549, 553. Boynton, Sir Matthew, 53.
Brace, Joab, 120.
Bracey, John, 542. Bracey, Mrs., 544.
Bradley, William, 211, 213, 546, 550.
Bradley, Goody, 548, 552.
Bradstreet, Simon, 388, 494.
Branford, settled, 385; in one jurisdiction with New Haven, 385.
Bread, bad, carried to Virginia and Barba- does, 204; assize of, 223; inspector of, 224.
Breedon, Thomas, 421, 423.
Brewster, Francis, 111, 145, 213.
Brewster, Mrs. Francis, 233, 253, 544.
Bristow, Henry, 547, 552.
Bristow, Sister, 553.
Bristow, Richard, 166.
Brockett, John, 77, 97, 109, 133, 215, 311, 324, 447, 543, 546, 550.
Brockett, Sister, 544, 548, 552.
Brook, Lord, 445.
Brooks, James, 551.
Brown, Constable, 579.
Brown, Francis, 63, 152, 153, 543, 546, 551.
Brown, Sister, 545, 548, 552.
Brown, John, 551.
Brown's, John, wife, 553.
Brown, Peter, 110, 149, 542. Brown's, Peter, wife, 545.
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