USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 49
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 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53
The settlers of the River towns had not,-before or after the agree- ment with Mr. Fenwick, -- any right of jurisdiction except such as grew out of occupation, purchase from the native proprietors, or (in
* See Appendix, No. X, (1.) t App. No. X, (3.)
# Pages 327-329, ante ; and App. Nos. VI. and XI.
49*
570
APPENDIX.
the case of the Pequot territory,) of conquest. Their policy seems to have been to dispose as quietly and as cheaply as possible of the claims of such as challenged their title,-into the exact nature of which they were not disposed to provoke too close an investigation ; assenting to the conditions of settlement imposed by Mr. Fenwick, (as the agent of the Patentees, ) until they were enabled by the pur- chase of Saybrook, to relieve themselves from present or possible exactions made in the name of his employers, and to conciliate the only rival claimant to jurisdiction whom they had then reason to fear ; waiting patiently for some favorable turn in the affairs of the mother country, which should enable them to obtain from the Sovereign, a recognition and confirmation of the right to self-government, which they had from the first asserted and maintained.
No. IV. (pp. 311, 389.)
CLAIMS OF MASSACHUSETTS TO THE PEQUOT COUNTRY.
The right of jurisdiction to that portion of the Pequot territory lying between Pequot (Mystic) River, on the West, and Wecapaug, (a brook about four miles east of Pawcatuck River,) was, for many years, warmly contested by Massachusetts and Connecticut. In 1646, the question being referred to the decision of the Commission- ers, as to which Colony the jurisdiction of Mr. Winthrop's new plan- tation at Pequot rightfully appertained, "The Commissioners for the Massathusets p'pounded an intrest by conquest ; the Commissioners for Conecticot by Patent, purchase and conquest. It was remem- bred that in a treaty betwixt them at Cambridge, 1638, not prfected, a p'position was made that Pequot River in reference to the conquest should be the bounds betwixt them." As the new plantation was upon " the west syde of Pequott, & soe within the bounds at first p'pounded for Conecticott," the Commissioners decided that "un- lesse the Massathusets hereafter shewe better title, the Jurisdiction should belong to Conecticott."
The next year, the question again came up for review, when the decision of the former year was confirmed and established in rela- tion to the new plantation ; Mr. Winthrop " expressing himselfe as more indifferent," having probably effected some satisfactory ar- rangement with the General Court of Connecticut, (by whom he was shortly after commissioned as a Magistrate, at Pequot.)
Some ten years later, a considerable number of settlers who had located themselves farther to the eastward, (within the limits of the present town of Stonington,) under grants from Massachusetts, were invested by the General Court of that Colony, Oct. 1658, with town privileges, by the name of Southertown. To this settlement, or rather, to the whole of the territory which it in part occupied, the General
571
APPENDIX.
Court of Connecticut had given the name of ' Mystic and Pawcatuck,' and claimed over it exclusive jurisdiction right, as embraced with- in the limits of their purchase from Mr. Fenwick, as well as by right of conquest. Massachusetts did not, however, abandon her claims, until after the charter of 1662 had confirmed to Connecticut the eastern boundary claimed under their "old patent," the Earl of Warwick's grant,-' Narragansett River, commonly called Narra- gansett Bay.'
The following documents relating to this controversy are pre- served among the files, in the State Department :-
1. A certified copy of an order of the Gen. Court of Massachusetts, , May 6th, 1646, empowering Mr. Winthrop, to appoint some place "on the other side, that is on the east side of the great River of the Pequot Country," " for the convenient planting and subsistence" of such Indians as should be willing to remove thither, from within the limits of the new plantation ; and to set out lots, and to govern the people of the plantation ; associating with him, Mr. Thomas Peters, " for the better carrying on of the worke." [Towns & Lands, 1. 39.]
2. Letter from Massachusetts, (by Edward Rawson, Secretary,) to the General Court of Connecticut, dated October 21st, 1657 ; com- plaining of the exercise of jurisdiction by Connecticut, over the ter- ritory east of Pequot River, which had been established by the Com- missioners in 1646 and 1647, as the boundary between the two Col- onies; and desiring Connecticut to " friendly yield up those afore- said lands on the east side of Pequot river," and to forbear further exercise of authority there, without the consent of the inhabitants, until the matter should be determined by the Commissioners. A petition which had been recently presented by the inhabitants of the disputed territory, is referred to, as giving occasion for the letter. [Ibid. No. 40.]
3. Copy of a letter from the General Court of Connecticut, in reply to the foregoing, (dated, May 10th, 1658,) denying that Mas- sachusetts had ever " challenged an interest" in the Pequot country, " either by protest or letters, or so much as the least intimation by word, or any act whatsoever, since that case was fully & clearly determined by the Commissioners in the year 1647, at which time they declared that Jurisdiction goeth constantly with the Patent ;" claiming to have hitherto enjoyed uninterrupted possession of the territory in question, and to have exercised authority there, with the consent of the inhabitants, most of whom had " by oath of fidelity submitted thereto ;" expressing surprise that Massachusetts should pretend a claim to those parts, and impower persons to lay out lands there. An assent is given " in a friendly manner," to the proposi- tion of Massachusetts to refer the question to the Commissioners, with the understanding that that colony should meanwhile forbear to exercise jurisdiction or authority, until their better right by con- quest should be made to appear. [lbid, No. 41.]
4. A letter from the Commissioners of the United Colonies, to Connecticut, (dated Sept. 18th, 1658,) in reply to one received from
572
APPENDIX.
the General Court, dated Aug. 2d, (a copy of which has not been preserved,) " intimating a difference between the Government of the Massachusetts and them, concerning the division of the Pequot country ;" accompanying which was sent a copy of the decision of the Commissioners, in the premises. By this decision Mystic River is made the boundary between the colonies " soe far as the Pond by Lanthorne hill, and thence from the middle of the said pond, to run away upon a north line." [The letter is filed in ' Indians,' Vol. 1. No. 3. The decision may be found in the Records of the U. Colo- nies. Both are printed (with some errors,) in Hazzard's S. Papers, 2. 395-397.]
*
5. Proceedings of the Commissioners, in September, 1659, upon the application of Connecticut for a 'review of the case respecting Mystic and Pawcatuck.' [Rec. of U. Colonies. A part of the original minutes of the Commissioners, (with their signatures, ) are in ' Miscellanies,' Vol. 1. No. 88. See Hazzard, 2. 415.]
The General Court in May, had ordered letters to be sent to Mas- sachusetts, 'to inform them that it is our desire and resolution to bring the case respecting Mystic and Pawcatuck, unto a review, cr second consideration, at the meeting of the Commissioners,' and ap- pointed Major John Mason, 'to act in behalf of the Colony, in the business.' (page 335, ante.) Accordingly, in September follow- ing, Major Mason presented to the Comissioners the plea of Connec- ticut, claiming right to exclusive jurisdiction 'by patent, conquest, possession and allowance.' The Commissioners having 'duly weighed and considered' the application, with the reply of the Com- missioners of Massachusetts, and the ensuing replication and rejoin- der, decided that they ' saw no cause to vary from the determination given, in the last year.'
No. V. (p. 316.)
LETTER TO EASTHAMPTON.
[In 'Towns & Lands,' Vol. I. Doc. No. 8.]
Gen: & Lovinge Friends,
We havinge received your Letter and findinge recorded a Court order of 1649, wherein ye Court declared their acceptance of your Towne vnder this Government; a coppy whereof we have herewith sent you ; and havinge received a full resignation of your Towne vnder this goverment, by your Agents, Life' Gardner etc: we shall present ye same to our next Gen: Court for a further and full con- firmation thereof : And in ye meane tyme did take yt case whch was presented from you into serious consideration ; and there hath passed a legall tryall therevpon ; wherevpon, tho there did not appeare sufficient evidence to proue her guilty yet we cannot but well ap-
573
APPENDIX.
· proue and commend the Christian care & prudence of those in Author- ity with you, in searchinge into y' case, accordinge to such just sus- picion as appeared.
Also we thinke good to certify y' it is desired & expected by this Court, y'you should cary neighbourly & peaceably, without just of- fence, to Jos: Garlick & his wife, & y' yy should doe ye like to you. And ye charge wee conceive & advise may be justly borne as fol- loweth : 1. Y' Jos: Garlick should beare ye charge of his wives dyete & ward at home, with ye charge of her tranceportation hither & re- turne home; 2ly, y' your Towne should beare all theire owne charges at home & the charge of theire messengers & witnesses in bringinge the case to tryall here & theire returne home ; the Court beinge content to put ye charge of the tryall here, vpon ye Coun- try's account.
[The copy of this letter preserved on file, is believed to be in the hand writing of Gov. Win- throp. It is not dated, but must have been written sometime in the spring of 1658. The ref- erence to the case of Jos. Garlick and his wife is important, as furnishing evidence of the action of the General Court upon the first case of witchcraft (an imported case, by the way.) brought before them for trial, At a town meeting in Easthampton, Mar. 19th, 1657-8, it was " ordered, and by a major vote of the inhibitanrs of this Towne agreed upon, that Thomas Baker and John Hand [should] go into Keniticut for to bring us under their government according to the terms as Southampton is; and also to carry Goodwife Garlick, that she may be delivered up unto the authorities there for the triall of the cause of Witchcraft which she is suspected."* " This poor woman," says Mr. Gardiner, " had had a trial in Easthampton, for witchcraft, but nothing was done. It was referred to the General Court at Hartford." The grounds of the ac- cusation and further particulars of the case, may be seen in Woods, Thompson's, and Prime's Histories of Long Island.]
No. VI. (p. 238.)
THE SETTLEMENT WITH MR. CULLICK.
Dr. Trumbull, referring to the final adjustments of accounts with Capt. Cullick, remarks, that "it appeared that Mr. Cullick and the heirs of Mr. Fenwick were indebted five hundred pounds sterling to the colony, which had been paid them, more than what was due ac- cording to the original agreements with Mr. Fenwick." (Hist. of Conn. 1. 238.) This statement is not strictly correct,-as reference to the terms of settlement, and to the previous action of the General Court, will show. Mr. Cullick, (as the agent of his brother in law, Mr. Fenwick, after the return of the latter to England,) had received from the several towns their annual payment to the ' Fort rate,' stip- ulated for in the agreement between Mr. F. and the colony, in 1644. By one of the articles of this agreement, Mr. Fenwick had engaged to secure to the Colony, 'if it came into his power,' the right of ju- risdiction to the territory embraced in the Earl of Warwick's grant to Lord Say & Sele and his associates. This engagement remaining
* See Gardiner's Notes on Easthampton &c. in Doc. Hist. of N. York, Vol. 1, page 683.
574
APPENDIX.
unfulfilled at the death of Mr. Fenwick, the General Court sought to recover from his agent, a portion of the monies which had been paid, as was alleged, without valid consideration. They therefore refused to surrender Mr. Fenwick's estate, which by his will had been devi- sed to his sister, (Mrs. Cullick,) or to grant administration thereon, until an equitable settlement of accounts should be effected. By the conditions of this settlement, Capt. Cullick compromised with the colony, by the repayment of £500, and an acquittance of all claims against the colony growing out of the agreement for the purchase of the River : and the Court released the estate of Mr. Fenwick from the restraint formerly imposed, and discharged Mr. and Mrs. Cullick from all existing liabilities, ' so far and no further, as the estate be- queathed to them had any reference to the agreement.' [See pages 318, 329, 338, 341, 345, 357 ; Petition of Mrs. Cullick, App. No. XI; Agreement with Mr. Fenwick, App. No. III. The " repay- ing of £500" of "the monies expended in our agreement with Mr. Fenwick," is alluded to in the Instructions to Gov. Winthrop, App. No. X.]
No. VII. (p. 341.)
GEORGE FENWICK'S WILL.
A certified copy of Mr. Fenwick's Will, (probably the same that was exhibited to the General Court, October, 1659,) is preserved in Vol. 1. of ' Private Controversies,' Doc. No. 9. The introduc- tion is as follows :
" The councell which the Prophett gave to King Hezekiah, upon ye Lord's message to him that hee should dye and not live, is season- able for all, it being as true of all others as of him that they must dye and not live, the truth of which is not more certain then ye time un- certain ; whereof by mercy being sensible, though att present in good health, I make this my last Will and Testament, as followeth :"
First he gives to his " dearely beloved wife Katherine,"* the re- mainder of his term of years in Worminghurst, in lieu of that part of her jointure in Morton, (Co. of Durham,) which was yet in lease for five or six years; several articles of furniture and household stuff, two suits of hangings ' one of Cæsar, the other of Diana,' 'a green embroidered bed,' & all the plate and pewter marked with their arms ; all the pictures, and such books as she might choose to take ; with the coach and horses, &c.
To his " most naturall and deare mother, Mrs. Dorothy Clave- ing," an annuity of £10. during her life.
* Mr. Fenwick's first wife died before his return to England, and was buried at Saybrook. The second was probably the daughter of Sir Arthur Hasterigge, (who is subsequently referred to as the ' father in law' of the testator.)
575
APPENDIX.
To his brother Claudius, and his heirs male, lands in Brenckborne and Nether Frawlington, in Northumberland.
To his nephew Thomas Ledgard, and his heirs male, lands in Thirston and Tillington, Northumberland.
To his sister Ledgard and his sister Cullick, each £50, and to their husbands, £10 each : and to his sister Cullick's children, £100 a piece.
To his "niece Clifton," and to his "niece Bootflower's boy," each £50.
To his daughter Elizabeth, " the suit of Landscape hangings," and to his daughter Dorothy, " that of Susanna ;" the remainder of the household stuff to be divided between them. Elizabeth, he made sole executrix of his will, and gave to her the remainder of his per- sonal estate and chattels. A hundred pounds per annum to be paid Dorothy, " out of [his] lease of the lands in Sussex."
To Ralph Fenwick; "now scholar of Christ Church in Oxford," £10 per annum, for six years.
To every servant 20 shillings, for each year they had been in his service.
Lands in Sussex, which descended to his daughters from their uncle Edward Apsley Esq. deceased, some houses in Hartshorne, land in Middlesex, and some salt marsh in Kent, near Upchurch, after the lease expired, his daughters were advised to divide equally between them, Elizabeth, the elder, being allowed the first choice.
This will was executed Mar. 8th, 1656-7, in presence of Robert Leeues, Moses Fryer.
A codicil added, the next day, revokes £50 per annum given his daughter Dorothy, from the lands in Sussex ;- and " all gifts of sum or sums of money, by will, to Sister Cullick and her children," be- queathing, in lieu thereof, " all lands, chattels, real & personal, that are in New England, and my debts that are oweing there unto mee, to bee divided amongst them and in such manner as y' her eldest sonne may have a double portion ; and likewise, that out of itt may bee had five hundred pound, which I doe hereby give to ye publique use of that country of New England, if my loueing friend Mr. Edward Hopkins think it fitt : And to bee imployed and used to that end as my said loueing friend Mr. Edw. Hopkins shall order and direct."
To his " deare and loueing wife Katherine," £500.
To his " loveing friend Mr. Robert Leeues," £20, to buy books ; and desires him to assist his executrix, in managing her estates in Sussex, Middlesex and Kent.
To "Dame Eleanor Selby, of Barwick," £10; with the request that his 'much honored good friend' would undertake the care and education of his daughter Dorothy.
To his " deare friend and father in law Sir Arthur Haslerigge," and to each of his children ; to his " very good friend" his " cousin Lawrence & his wife," and to his " cousin Strickland & his lady," " as the remembrance of an affectionate friend ;" to his " dear & good friend, Mr. Edward Hopkins, late warden of the Fleete ;" and
-
576
APPENDIX.
to his " father in law, Mr. Claveringe & to Thomas Burrell, Brinke- barne" (Northumberland,) 40 shillings each, to buy rings :
To his " ancient acquaintance & dearely beloved friend, Sir Thomas Widdrington," £5, for the same purpose.
To his good friend, " Aron Gourdon, Doctor of Phisick, £10.
To his " good friend Mr. Tempest Milner, Alderman of London, and to his kinsman, Mr. Robert Key," £5, each.
£6 per annum, to Tristram Fenwicke, for life ; 40 shillings per annum, to " Mrs. Ogle, of Leith, Scotland," and 20 shillings per annum, to " Widdow Clarke, of Weldon," for life.
The codicil witnessed by John Stratford, Ro: Leeues and George Hargripe.
The will was proved at London, and administration committed to the executrix, his daughter Elizabeth, April 27th, 1657.
The copy is attested (for Thomas Walker,) by Rob Howard, Not. Publique, Massachusets Col., Mar. 1st, 1658[9], from a former copy certified by Leonard Browne, Not. Publique.
No. VIII. (p. 353.)
LETTER TO THE COMMISSIONERS OF THE U. COLONIES, COMPLAINING OF AFFRONTS RECEIVED FROM THE NARRAGANSETTS.
[Indians, Vol. I. Doc. No. 4.]
Honord Gent:
The former insolent and proud cariage aud manifold abuses that o' people in this Colony haue (as yo' Worsps wel vnd"stand,) haue sustained from the Vncircumcised Heathens round about vs, haue bin noe small exercise to o' spirits quietly, though not contentedly, to beare. Yet hopeing after soe much paines taken by the Wor- shipf1 Com's at ye last sess" at Hartford, both by Messuages sent to severall of them, and impositions and iniunctions vpon them, for wroungs done, and ye intimations of yo' minds in reference to such carriages manifested and declared vnto them, that it might haue prvayled to haue curbed their proud humors and in issue haue accom- plished a peaceable correspondence in point [of ] neighbourly car- riage towards the English for ye future. But all candidnes and clem- ency towards these beastly minded and mannered Creatures seemes rather to embolden them in (not only vnciuil and inhumane) but in tendency to bloody practices ; for not many weeks now past, wee are by sufficient information certified, that one night at ye New Plantat" at Monheage, some Indians, (as wil appeare, of the Narra- gansets,) shott 11 Bullets into a house of o' English there, in hopes, as they boasted, to haue slaine him whome we haue cause to honor, whose safety we cannot but take o'selues bound to promote, or Dep- uty Go:, Maior Mason ; as also, slew another at Rob' Layes, to ye
577
APPENDIX.
great affrightment and terror of Goodwife Lay. Wch outrages, tho' we cannot but iudge cals vnto vs to be awakened and to take some speedy course for distribution of justice to those y' haue thus carried towards vs, in o's, yet bearing due respect to o' neere vnion to and confederation with ye other Collonies, to whom o' liues and comforts are (we hope,) p'cious, we thought meet to acquaint your WorshPs with the p'misses, desiring if it may be, some speedy redress of the wroungs done vnto vs in this Collony, and provision for o' indemnity and security, web if yor Worships, after yo' serious consideration on what hath now as an addition to former matters bene p'sented to yo" Worshps, see not cause to stir or act on o' behalfe, we cannot but take ye best advice y' God shall direct vs vnto what God requires and cals for at o' hands, to provide for of peoples safety, not onely in indeau- ouring to discouer the guilty but alsoe to vse just and lawful meanes to p'vent such abuses and affronts for y future. O' earnest desire is that yo' WorshPs would be pleased to expedite a returne to o' Gou- ernor Winthrop or Deputy Gouernor, Maior Mason, what your Worsps doe iudge in ye p'misses. We intreat you to consider how incongruous and cross it would haue bin 20 yeares agoe to an English spirit, to beare such things as now we are forct to beare, or whether ye Indians would not haue exspected a visitation upon less occasions then these that haue of late bene met with by several of ours. We cannot but conceaue it is high time to renew vpon the memory of these Pagans the obliterate memorials of ye English. We desire not vninecessarily to enlarge, but rather refer yo' thoughts to a redupli- cate animadversion on ye p'cedent lines ; hopeing for a speedy inti- mation of yo' advice therin ; wherein we commend you to ye Infinite Wisdom of ye wond full Counseller, to guide and direct you ; and subscribe, Gent:
Yo's in a ready discharge of relatiue obligations.
The p'misses ordered to be sent to ye Com's of ye other Collonies, June 9th, '60.
[The copy of this letter, preserved on file, is in the handwriting of the Secretary, Mr. Clark.
The Commissioners, at their next meeting. (Sept. 6-17th, 1660,) upon consideration of the premises, and of similar complaints preferred by the English residents of the new plantation at Mohegan, resolved "to require and force the Narrogansetts to a just satisfaction ;" and for that end, commissioned Capt Geo. Denison, Thomas Stanton, Thomas Mynor and others, to repair to Ninigret and the Narraganset sacheins and require of them the punishment of the offenders and full reparation of injuries done to the English; that "at least foure of the chiefe of them that shot into the English house at Monhegin should be proceeded with and punished, according to justice ; and in case they cannot be drawn thereunto." that five hundred fathoms of wampum should be exacted, in expiation of the offence; and that speedy payment should be made of a quantity of wampum, which the Commissioners, the year before, had required of the Narragan- sets, " for insolencies comitted at Mr. Brewster's, in killing an Indian servant at Mrs. Brewster's feet, to her great affrightment, and stealing corne, and other affronts." [Rec. of Comm'rs; in Hazzard. il. 433.]
The General Court, in October following, (p. 355, ante,) allowed the Narragansets " two months longer than the time agreed on. according to their desire, to bring in the wampum that they are assessed by the Commissioners to pay to this Jurisdiction." The payment appears to have been made not long afterwards,-as, at the next session of the Court, in March, 1661, it was or- dered that "the wampum that the Commissioners ordered to be paid to Mr. Brewster, shall be delivered unto him out of that which came from Narragansett." (p. 362.) }
50
578
APPENDIX.
No. IX. (p. 374.)
LETTERS FROM MR. GOODWIN, RESPECTING GOV. HOPKINS' LEGACY.
[Colleges & Schools, Vol. I. Doc. Nos. 2 & 3.]
To ye Honored Courte that is to be held at Hartford, in March next following ye date heerofe.
Much Honored,
We receaued wrytings from you, sygned by ye Secretary, wherein you desire ye trustees to appointe a tyme & place to meete with a Comittee which you have chosen to treate with them, and to put a fynall issue to ye busines respecting y' Legacy. I am desired in ye name of all ye trustees, to informe ye Courte, y' we cannot entertaine yt motion, both for yt we are not able to vndertake such travell, nor do we see any vse at all of it (if we were able ;) for we haue ordered Three hundred & fifty pownds, sett out of Mr. Hopkins estate com- mitted to our trust, to be alowed to Hartford, vpon these conditions & termes following :
(1.) That it be by them improued, according to ye minde of ye donor, exprest in his will. (2.) That yª Court do also engage to remooue all obstructions out of our way, that we may not be dis- turbed, nor any way hindred, from, by, or vnder them, in ye man- agem' of ye rest of y estate, according to o' trust : that so loue & peace may be settled & established between vs. (3.) That you will deliver us back ye attested coppy of ye Will sent vs from Eng- land, or els a true Coppy of it, vnder ye Seale of ye Collony.
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.