USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 50
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Now if it please the Honored Courte (or there Committy) to accept of this Tendry of 350Z., as is abouesaid, and shall deliuer vnto vs, or to our atturnies, an instrum drawne vp in wryting, & sealed with ye Seale of ye Collony, whearin all ye conditions of ye Tendry aboue- said shalbe fully & plainly exprest and confirmed by the Courte as abouesaide, before ye last of March next ensueing ye date heerofe, that then this grante of 350L. to Hartford, as abouesaid, shalbe set- tled vpon them, to be improued by them, according as is exprest in ye will of the doner. But if ye Courte do not fully & plainely de- clare ther acceptance, according as is aboue exprest, then we heerby declare our grante to them heer inserted to be a nullyty & voyde ; and thus I humbly take leave of you,
Hadley, February 24th, 1661.
Subscribing myselfe, yo' Worshipps' in all due observance, Will: Goodwin, in ye name of ye rest of ye Trustees.
[The General Court did not, at this time, decide to accept the conditions imposed by the Trustees ; and the order of Feb. 23d, 1659-60, (p. 345,) "that the estate of Mr. Hopkins should be secured within this Colony until the said estates be inventoried, and the inventories presented, and administration granted by this Court," remained in force. Oct. 8th, 1663, Gov. Winthrop, Mr. Allyn, Mr. Willys & Capt. Talcott, were appointed by the General Court, " to consider what is meet to be attended in reffrance to Mr. Hopkins estate by him bequeathed for to be improved
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for the promoting of learning, and to make report of their thoughts the next Court." (p. 412.) The following letter appears to have been written in reply to some communication addressed by this Committee to the Trustees. At the next session of the General Court after its receipt, (Mar. 10th, 1663-4,) the restraint laid upon Mr. Hopkins' estate was removed, and administra- tion seems to have been surrendered to the Trustees.]
To the Honoured Court at Hartford.
Much Honoured,
Yours of Novemb: 16, 1663, I received, and not to trouble you with my answer unto your severall motives to induce us to be of youre minde, my finall returne to all is this, That as I haue noe cause, soe I doe in noe sort consent to that which you were pleased to move me unto, but doe desire that your selves would returne the estate unto us, who only haue right to dispose therof, with due satisfaction for all damage that shall appeare to be done unto it, since it hath been taken out of our hands ; which being timely performed, I doubt not but the three hundred and fifty pound tendred unto you in Feb: 1661, may yet be setled upon Hartford, on such like conditions as be therein expressd, tending to the securing of the estate from any far- ther obstructions by your means, and ordering of the improvment of it according to the Doners end, expressed in his will, as our duty bindeth us to doe. Now herunto I doe humbly desire the Honoured Court speedily and plainly to declare themselves to me (or to our Attourneys) whither they doe now accept of this tendery or noe, with- out any farther agitations about the disposall of it, which hath al- ready been a great wrong to the estate and Doner therof, as also to us, the Trustees, and whole Country besids ; the which if you shall decline to doe betwixt this and the end of March next ensueing the date hereof, this tendery also is to be judged a nullity, and we shall forthwith endeavour the freeing of the estate elsewhere, as the great betrustment committed to us, in all respects considered, in duty bind- eth us to doe thus. Hoping and heartily wishing that you would ac- cept of my motion, though I cannot accept of yours, I rest,
Hadley, Feb: 1st, 63.
Yours to love & serve you as I may, Will: Goodwin.
No. X. (p. 370.)
THE CHARTER OF 1662.
[For. Correspondence, Vol. II. Nos. 1-3.]
Instructions for or Worl Gour, Agent for and in behalf of the Generall Court at Conectt, both for prsenting or Address and Peti- tion to ye Kings Matie, and also for procureing a Pattent for this Colony.
Imp": For advice and counsell, it is desired that you would be pleased to address vnto these noble and gentlemen, The Right Hon-
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erable Lord Sea,* Earle of Manchester, Lord Brooke, and alsoe Mr. Nathan" Fines, Mr. Sam" Peck, Doct of Phisick, and Mr. Floid, of ye Corporation ; vnto whose advice and counsell the Com- ittee doth refer you, according to ye ord' of ye Generall Court, to act or to desist.
2d. It is desired that you would be pleased to vse all due meanes to procure a Coppy of the Pattent referring to these parts, granted vnto those Nobles and Gent: whom Mr. Fenwick did represent in his act of sale to this Collony. And in case the Coppy of this Pat- , tent can by noe meanes vsed be obteined, then you are desired to advise wth ye Counsell forementioned, what to doe in reference to ye heires of Mr. Fenwick for ye regaining such sums as haue bine dis- bursed for ye purchase of Jurisdiction Right.
And in case the forementioned Pattent can be procured, our de- sire is, that you would be pleased to consid" both what privilidges, rights and imunities are therein granted, and to compare it wth ye Coppy of ye Bay Pattent ; and what is conduceable in both to ye welbeing and future comfort of this Colony, our desire is may be inserted and comp'hended in the Pattent granted and confirmed to this Colony. [But in case vpon rep sentation of our Purchase and moneyes expended vpon it, the heires of Mr. Fenwick, or any other ye Pattentees, doe tender the confirmation of the Pattent, (yt we con- ceiue we bought,) we shal rest satisfied wth that Pattent, provided it may be compleated and ye confirmation finished without further ex- pense to this Colony.
But in case a Pattent be yet to be procured for the Collony, our desire is, that it may comp'hend al ye rights, privilidges, authority and imunities that are granted in ye Massachuset Colonyes Pattent. And that, respecting the Pattent, it may be granted and confirmed to severall Pattentees, together with theire Associates and such [as] may be adioyned to them, their heires and successors, for euer. The Extent of ye bounds to bee; from ye limits or bounds of ye Massachuset and Plimouth, vnto ye Delliway Riuer south, or as far as may be be granted that way. And that, respecting the quallifi- cat: of such as may be added as Freemen to this Company of Pat- tentees and associates, who only shall haue power to choose any officers that are requisite and necessary to carry on the Affaires of the Colony-
Those who are desired to be Patentees are the p'sent Gouernour, Dep: Gouernour, Mr. Henry Clark, Mr Sam" Willis, Mr. Mathew
* Lord Say & Sele, who had done much to promote the restoration of Charles II, was. shortly after the king's return, made Lord Privy Seal. In a letter to Gov. Winthrop, (printed in Appendix to Trumbull's Hist. of Conn. No. IX,) he professes himself desirous of doing his good friends in New England, the best service he could. and regrets that the state of his health was such as to prevent his going to London, in person, to aid in procuring the charter ; but informs Gov. W. that he had written to the Earl of Manchester (at that time Lord Cham- berlain of the household.) " to give the best assistance he may." Lord Say & Sele died April 14th, 1662. His son, Nathaniel Fiennes (Fines,) had been one of the Commissioners of the great seal, under the Parliament, and subsequently, a member of Cromwell's privy council and lord privy seal. After the restoration, he retired to his estates in Wiltshire, where he died Dec. 16th, 1669. (Wood's Ath. Oxon. Il. 454.) The Lord Brooke, here mentioned, was Robert, son of Robert (second Lord Brooke,) one of the original proprietors of Connec- ticut, under ' the old Patent', or the Earl of Warwick's grant.
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Allyn, Mr. Richard Treat, Mr. William Phelps, Nathan Gold, together wth their Associates hereafter named, Mrs John Warham, Sam" Stone, John Whiting, Sam" Hooker, James Fitch, Rich: Lord, Henry Woolcot, John Steele, Edw: Stebbin, John Talcot, Beniamin Nubery, Dan" Clarke, Mathew Campfield, Will" Wadsworth, John Hawley, John Allyn.]*
The pr sons whom we desire to be nominated in ye Pattent, to whom it should be granted and confirmed are, John Winthrop Esq', and Maior John Mason Esq', Sam" Willis, Henry Clark, Math: Allyn, William Phelps, Richard Treat, Nathan Gould, John Talcot, Dan- iell Clark, John Deming Sen', Anthony Howkins, Robert Warner, John Clark Sen', Robert Royce, Phillip Groues, Jehu Burr, Mathew Campfield ; to them and their Associates and successors.
The Bounds y' we doe p'sent to be inserted in o' Pattent, if it may be obtained, are, eastward to Plimouth line, northward to ye limits of ye Massathusets Collony, and westward to ye Bay of Delloway, if it may bee.t
And respecting liberties and privilidges inserted in the Pattent, not to be inferiour or short to what is granted to ye Massachuset.
And respecting Customes, that if it may be obtained, we, in re- gard of our meane and low condition, may be freed for w' may be exported from hence to England, and from thence to vs, for ye space of 21 yeares or as long as can be procured.
And also y' ye Islands adjacent, y' are not already granted to any other, may be included in o' Patent.
And likewise respecting the moneyes expended by o' agreement wth Mr. Fenwick, to take ye best advice you can meet wth from the Noblemen mentioned or others whom you think meet to address vnto, what is requisite to bee done for to regaine y' money if it may bee ; declareing, as cause requires, the repaying of 500£.₺
Our desire is, that if it can be procured there may be a resolu- tion of y' p'ticuler in ye Bay Pattent, where they are to begin to run their line twixt themselves and vs.
We desire as oppertunity tenders itself, that there may be a dec- laration of the carriage of Capt. Fernes, both respecting Hartford shipp taken by Rupert and Fernes, as also his stealing away the Indians.
Respecting the Dutch, we desire that his Matie may be informed of their setling upon the Maine, and stil incroaching vpon the English.
* The whole of the portion here included in brackets, (from "But in case," &c., on the preceding page.) is, in the original draught, marked across, with lines,-and what follows ap- pears to have been substituted on a subsequent revision.
t Next follow three lines, which were afterwards partially erased, by lines drawn across them ; " But if it cannot be granted that the bounds may extend at least to Hudsons Riuer, we doe not judge it requisite to expend money vpon a Pattent."
# By Capt. Cullick, as Mr. Fenwick's executor. See pages, 329, 573, ante.
50*
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[The Address to the King .* ]
Most Dread Soveraigne,
It was far from our purpose to be of the latest of yo' Maties sub- iects, in these o' humble aproaches vnto yo" Royal prsence. We are not only seperated by soe vast an Ocean from our deare Eng- lish Brethren that [have a] place vnder ye immediate influence and splendor of soe great a Monarch, in y' princely Pallace of his re- nowned imperial City, the glory of ye whole earth, but also, by a lone tract of a dismali wild ness, are very remote from of other Eng- lish Americans of ye parts of ye ordnary recourse of shipping ; wherby we were depriued by the too soone approaching Winter, together with some other impediments, of the timely effecting of y' which was long since concluded o' duty and desire, namely to pros- trate o'selues by an humble Address at our soueraigne Princes feet.
Our Fathers & some few yet aliue of their associates in so great an vndrtaking, of transporting themselues, their wiues and children, into this westerne world, had certainly very pious and publique ends, the propagation of the blessed Gosple of the Lord Jesus amongst the Heathen, who til then had neuer heard the sound thereof, as also the the honour and further extent of the British monarchy ; And thervpon came ouer, vpon the full and free consent, allowance and spetial fauour of his Highnes, our euer lamented late Soveraigne Lord, your Royal father of glorious memory, expressly declared in his gratious L's Pattents granted to ye vndertakers of ye Plantation of ye Massachusets Bay, in New England. In y' part of the Coun- trey, neer the port of their first arrival they setled for a time, till vpon experience they found that place would be too streight for soe great a number if they should continue all there long together. They therfore vndertooke a troublesome, hazardous and chargeable discouery of the more inland parts of ye Countrey ; where comeing to ye great faire Riuer of Conecticut, haueing opertunity by the free tender of ye sale of some larg tracts of lands fit for ye setling of diuers Plantations or Townes, profered unto them by ye Sachems or Heathen Princes and with ye concurrence of ye other natiues vnd them, the then proprietors of those places, they thought it very con- venient to purchase those lands of them who appeared to be the owners. and possessors of ye same ; which could not but tend to ye enlargment of his Maties Dominions, and be a good step towards ye yet further extent thereof, and ye benefit of ye English people. And therevpon transplanted themselues and vs to this place, where we were but now in a manner vpon our very beginnings of takeing possession and inhabiting ye places weh we had brought at noe smal expences, when those sad and vnhappy times of troubles and wars begun in England, which we could only bewaile wth sighes and
* Dr. Trumbull seems to have overlooked this document, and to have confounded the Address and Petition. He speaks of the latter as having been presented by the Governor to the Court, in May. (H. of Conn. I. 240.) It will be seen, on reference to the Records, that the Address was ' drawen vp and formed and presented' by Governor Winthrop to the Court, and referred by them to a Committee, subsequently appointed, ' to peruse and compleat the Address and draw vp the Petition.' (page 367, ante.)
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mournfull teares: And haue euer since hid our selues behind the Mountains, in this desolate desert, as a people forsaken, choosing rather to sit solitary and wait only vpon the Divine Providence for protection than to apply ourselves to any of those many changes of powers, of hearts as wel as o' stations stil remaining free from illegal ingagements and intire to yo' Maties intrests, euen now at ye returne of o' Lord ye King to his Crowne and dignities. The beames of whose soveraignty (like y' admired star y' appeared at nooneday at his happy nativity,) haue filled the worlds hemisphere and appeared also ouer ye great deeps in this our Horizon ; wherby we are newly animated and incouraged to take vpon vs this boldnes to implore your Maties fauour and gratious protection, y' you would be pleased to accept this Collony, your owne Colony, a little branch of yo" mighty Empire ; y' as we haue hitherto (by ye great goodnes of ye Almighty,) since ye ouerpassed difficulties and hardships of our beginnings, enioyed peace and prosperous proceedings, we might yet be made more happy in ye fruition and continuance of ye same, through yo" Maties goodnes and bounty in granting o' humble Peti- tion, when we shall haue liberty to prsent ye same by a person here- with sent from amongst vs, to attend yo' highnes pleasure, that ther- by you may haue a more ful account of whateuer concernes yor poor Pilgrims here.
That we p" sumed publiquely and solemnely to proclaime and de- clare for yor Matie here, before we had a forme and express order for ye same, we humbly craue yo' gratious pardon. The expecta- tion of y" Royall Comand therein, caused vs a while to defer, but not receaueing it by ye ships before winter, it made vs thus presume vpon yo" fauourable acceptance of o' publisheing to ye world of true allegiance to o' Lord the King.
Most illustrious S', be please to excuse of poverty, that haue nothing to p'sent yor Matie from this Wild'nes but o" hearts and loyall affections, weh stir vs vp to supplicate ye Eternall Mate, the King of Heaven and Earth, for all happiness and blessings both temporall and spirituall to be plentifully and abundantly powred downe from Heauen vpon yo' Royal Throne, that soe we therby, together with all those numberles members of yo' Maties subjects, may liue vnder yor protection a quiet and peaceable life in all Godlines and honesty.
With all humble acknowledgmt of o' Loyalty, real and due sub- iection and allegiance to yo" Matie, we craue leaue in all submission to subscribe o'selues,
Yo' Maties most faythful and loyall subiects & servants.
5
[Letter to the Earl of Manchester.]
[The draught of this letter preserved on file, is without address. There can, however, be no doubt that it was designed for the Earl of Manchester, to whom Gov. Winthrop had been referred for 'advice and counsel' ; whose 'gracious inclination, and spirit towards the sons of Zion' were well known to the petitioners; and whose position and influence were such as to make it highly important to the Colony to secure his good offices in their behalf. The Earl of Man-
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chester had heartily concurred in the restoration of Charles II, and on the King's return was received into especial favor, made a lord of the bed chamber, and of the privy council, knight of the garter, lord lieutenant of Huntingdonshire, and subsequently, lord chamberlain of the household ; "in which great charge he behaved himself with that honour, candour and great civility, as he justly obtained the affection and respect of all men." (Walker's H. of Kts. of the Garter.) He died May 5th, 1671, æt. 69.]
Right Hoble:
O' p'sent station and condition being by the wise step-ordering Providence of ye Almighty setled in this remote wild ness, strang's in a strange land, far distant, from such opertunities that might be advantagious to vs and o' posterity in a familiar access by o'selues or rep'sentatiues vnto his Highnes o' gratious Soveraigne, for ye ob- tayneing such fauours as may tend to o" safety and settlement, we are necessitated to embrace opertunities to implore the aid and countenance of such as ye Lord may stir vp to be fauourers of the work of God amongst vs. And the abundance and plenary test, y' we haue soe frequently bene furnished wth, not only respecting ye gratious inclination and disposition of yo' Honours spirit towards the sons of Sion, but also doth not a little incourage vs in or owne behalf and as rep'senting the whole Colony, humbly to p'sent o" de- sires and earnest requests vnto yo' Lordship, to afford vs yo" fauour in countenancing and vshering into ye Kings Maties audience o' Ad- dress and Petition, if yor Honour judge it seasonable ; and o' further request is that we may obtaine yo' counsell and advice to o' Agent, in such p'ticulers as may be by him p"sented to yo' Honours consid- eration, either respecting monies disbursed by this Colony to Mr. Fenwick for Jurisdiction Power etc., and also respecting the obtain- ing of a Pattent for this Colony. For although ye Honerable Com- mittee of Lords and Commons did owne this a distinct Colony, and soe we haue euer stood since our begin: in administracon and con- fæderation wth o' Brethren of y® Massachuset, yet we want a Pattent to secure o' standing and to confirme or privilidges, and to strengthen vs against such as may oppose o' p'sent intrests in civil polecy. Honerable Sir, wee can thus far excuse o' boldnes in p'senting or humble requests at this time to yo'self, together wth some others of noble quallity, whose intercession if we can obtaine we hope wilbe of great availe on o' behalfe. The great disappointment y' we meet wth about an Agreem' yt was made by this Colony wth ye foremen- tioned Mr. Fenwick, doth necessitate vs thervnto. We disbursed a considerable sum of estate, to ye value of 1600Z., vnto Mr. Fenwick. He ptending power and authority, as a Pattentee, ouer ye Riuer and the lands adjacent, when he intended to returne to England, pro- pounded to this Court at Conecticut, the sale of Sea Brook Fort, wth ye lands vpon ye Riuer and other lands more remote ; wch, if refused by ye Colo: or Court, he would (as it was reported, frequently,) otherwise dispose of, either by imposeing taxes, customes etc., or else (as was feared,) sell it to ye Dutch, wch as was conceaued would haue bene very destructiue to o' comforts, occasioning broyles and contests twixt them and vs. We therfore, conceaueing it would tend to o' peace and settlement, were willing to attend his proposi- tions ; and out of desires to lay a good foundation of enioying the
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advantage both of Civil and Ecclesiastick rights, privilidges and imunities, for o'selues and posterities, vnder ye shadow of Patent Right, (by vertue whereof, he p'tended, and could haue noe other way, power or authority to make sale vnto vs of w' he agreed to confirme vnto this Jurisdiction,) we willingly disbursed (tho' much disabled, by reason of or meanes and pouerty,) the sum foremen- tioned ; wch tho' it hath much oppressed vs, yet could we but haue enioyed what we expected, it would haue satisfied ; but now we see orselues as naked as before, haueing neither Pattent or Coppy of it, nor ought elce y' may ensure vs of future continuance of o' p'sent privilidges. And therfore are necessitated from several other res- pects, to lay out ofselues, and to improue all the interest y' we can raise in or natiue soyle, for obtaineing reliefe in this of state and con- dition, w " humane frailty hath in a great measure cast vs into. Had we not bene too credulous and confident of ye goodnes and faith- fulnes of that Gent: we might possibly haue bin at a better pass. But we shal craue leaue to refer further enlargm' to or Agent, only reduplicating o' earnest request that yo' Hon" would be pleased to afford vs the great fauour of yo' aduice and counsell, as need re- quires, and occasion offers itself.
If this poor people may find such acceptance, and of request such entertainment, wth yo'self, as that throw yor Hon's help and media- tion we may find grace and audience wth o' Gratious Soueraigne, we shall therby be refreshed, as wth the sweet smiles of of father, and be excited to returne the tribute of daily prayer for yor Lordships prosperity ; and humbly subscribe, &c.
No. XI. (p. 404.)
MRS. CULLICK'S PETITION, TO THE GENERAL COURT, IN MAY, 1663.
[Towns & Lands, Vol. I. No. 68.]
To the Hon'd Generall Court of Connecticott Jurisdiction, now assembled, the humble petition of Elizabeth Cullicke, relict to Captayne John ·Cullick, deceased,
Humbly sheweth :
That whereas there weare entred into (by yor Petitioner's hus- band,) certayne obligations for the makeing of paym' the sum of fiue hundred pownds vnto this hono'd Co't, according to the tymes speci- fyed in the twoe obligations given for the same, together wth the paym' of interest in case of falure in poynt of tyme, one of wch obli- gations hath beene satisfyed & taken vp, & the other in p't satisfyed, viz : one hundred pounds, foure shillings, tenpence, being payde, so that there remaynes one hundred fourty & nine pounds, fiftene shil- lings, twoe pence, by the sayd obligation, for yo' petitioner to pay, as executrix vnto her late husband. And forasmuch that the grownd of those obligations given by yo' petitioner's husband, was vpon the apprehention that there had beene a totall falu' in the brother of
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yo' petitioner, George Fenwicke Esq", respecting his procuring of a Pattent for the Collony, since which it hath appeared that there was a mistake therin, for that there was found wth the Executor of Mr. Edward Hopkins some such writing, weh was delivered to the Hon'd John Winthrop Esq', Governor and Agent for the Collony, whereby he was advantaged in the soliciting the Kyngs most excellent Ma- jesty for, and in the procuring of, those Letters Pattent now ob- tayned,-
Wherefore yo" Petitioner doth pray this Hono'd Gen'rall Cort, that they will please to accept of what hath beene already payde ; and that you would remit the one hundred fourty nine pounds, fiftene shillings twoe pence, by obligation remaineing ; which wilbe an ac- ceptable clemency before the Lord towards yo' petitioner, and noe stratening to the Treasury of this Hono'd Court. And yo" petitioner shal pray.
Elizabeth Cullick.
[The petitioner was Mr. Fenwick's sister, and married Capt. John Cullick, May 20th, 1648. This document is of historical interest, as exhibiting the nature of the settlement with Capt. Cullick, and as an admission of the fact (elsewhere sufficiently established, but which our historians have very generally lost sight of.) that no transfer of jurisdiction right or assignment of the Earl of Warwick's grant, was ever made by Mr. Fenwick to the Colony,- the latter not being in possession even of a copy of the " old Patent" until after Gov. Winthrop's return from England, where he had procured from Mr. Dalley, the executor of Mr. Hopkins, a copy found among that gentleman's papers after his death. This copy, the writer has been so fortunate as to discover among the old files in the State Department, and satisfactorily to identify. It is informal, having no certificate of authentication ; but at the top of the first page is written, in the hand writing (as believed,) of Gov. Winthrop. " The copye of the Patent for Connecticutt, being the copy of that copy wch was shewed to the people here by Mr. George Fenwick. Found amongst Mr. Hopkins' papers." A copy of this document made by Capt. John Talcot, not long after Gov. Winthrop's return, and attested as "Vera Copia of that copy which was in Mr. Hopkins his custody ;"-with a subsequent copy made from this latter, by Secretary Allyn,- have been often referred to and cited. The omission of two or three words, and some other slight errors, made by Capt. Talcot, have been closely followed by every subsequent transcriber, whence it appears that the copy "which was in Mr. Hopkins' custody" has hitherto escaped observation.]
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