USA > Connecticut > New Haven County > New Haven > Thirteen historical discourses, on the completion of two hundred years : from the beginning of the First Church in New Haven, with an appendix > Part 12
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At first " the Colonels," as they were commonly called, showed themselves here openly as they had done at Boston ; so that their persons, their danger, and the part they had acted, were well known to the whole community. It was reported, that on a training day they said expressly, in the presence of the whole military company, that if they could have but two hundred men to follow them, they would not fear to stand against all their enemies in Old England, and in New. But after some twenty days, the news of the king's proclamation against them having arrived, they were
32,) that " about the time the pursuers came to New Haven, and perhaps a little before, and to prepare the minds of the people for their reception, the Reverend Mr. Davenport preached publicly from this text,-Isa. xvi, 3, 4. Take counsel, execute judgment, make thy shadow as the night," &e. The Saints' Anchor-Hold is declared in the title page to have been " preached in sundry sermons." Dr. Stiles appears not to have seen the book ; nor do I find any allusion to it by others who have touched upon the history of the regicide Judges. The book was printed at London, in 1661, with a preface by William Hooke and Joseph Caryl. It contains 231 pages, small duode- cimo. The only copy which I have heard of belongs to one of the descend- ants of the author, Mrs. Whelpley, and is mutilated with the loss of here and there a leaf. If it were perfect, a new edition should be published.
* Kingsley, 76. The tradition that Mr. Jones came over in the same ship with the regieides, is, I suspect, unwarranted. Dr. Stiles says he " came over in the fall of 1660." (Stiles, 69.) His name first appears on the town records, Feb. 25, 1661.
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under the necessity of concealing themselves. To do this more effectually, they went as far as Milford, and took pains to be seen there, as if they were proceeding towards the Dutch settlement at Manhadoes ; but immediately returned to this place under cover of the night, and were received by Mr. Davenport, in whose house they were hid for more than a month, when they removed across the street to Gov. Eaton's house, then occupied by Mr. Jones.
Near the last of April, an express mandate from the king, was received by the Governor of Massachusetts, requiring him to cause the traitors Whalley and Goffe, to be seized. The whole country was alarmed; and Massachusetts, feel- ing that she had much to account for in the matter, and that her all was in jeopardy, seems now to have been in earnest to apprehend them, and to make peace by giving them up as victims. Accordingly, the Governor and council at Boston, gave a commission to two zealous young royalists just from England, to go through the colonies, as far as Manhadoes, in pursuit of them.
On the 11th of May, these pursuers, Thomas Kellond and Thomas Kirk, arrived at the house of Deputy Governor Leete in Guilford, who was then acting as chief magistrate of the jurisdiction, in consequence of the death of Gov. New- man a few months before. Gov. Leete read their letters, and the copy which they brought of the king's mandate, but showed no great alacrity in promoting their object. He as- sured them that he had not seen the men in several weeks, and that they were probably gone out of the jurisdiction. The next day was the Sabbath ;* and by one hindrance and another, the pursuers were detained at Guilford till the morn- ing of the 13th, when, at the break of day, they started for New Haven, with a letter from Gov. Leete to Mr. Gilbert, the magistrate of this place, advising him to call the town court
* This is a circumstance not mentioned by any of the authorities, but ascer- tained by calculation. " The king's business required haste," yet the pur- suers, while under Gov. Leete's jurisdiction, must rest on the Sabbath day, " according to the commandment."
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together, and by their advice and concurrence to cause a search to be made. Early as they started, it appears that some one else left Guilford before them, in the night, and arrived here in time to give information that they were com- ing. They found the magistrate not at home ; but on the arrival of the Governor himself some two hours after them, with the magistrate of Branford, whom he had brought with him, on the principle that in many counsellors there is safety, a long consultation was held in the court room. The pur- suers insisted that the regicides were hid in some of the houses in this town, and that all their information pointed particularly to the houses of Mr. Davenport and Mr. Jones ; and they demanded of the Governor a warrant to search for them. The Governor and magistrates, on the other hand, maintained that "the Colonels" had gone towards Manha- does ; and in truth, whatever suspicions and fears they might have, they knew nothing of their concealment. As for the warrant which was demanded, they had constitutional and legal scruples ; for Gov. Leete was educated a lawyer. The Governor told the two pursuers, that he could not and would not make them magistrates of this jurisdiction, as he should do if he were to invest them with power to enter men's houses and search for criminals. Besides, the king's mandate which they brought with them, appeared to be addressed to the Governor of Massachusetts as if he were Governor of all New England, and to others only as subordinate to him ; and the magistrates feared that by acting under such a mandate they might acknowledge a governor-general, and might thus be guilty of betraying the trust committed to them, under oath, by the people, from whom alone they derived their power. When the pursuers asked the magistrates whether they would honor and obey the king in this affair, the Gov- ernor replied, "We honor his Majesty, but we have tender consciences." When they urged again the same considera- tion, and demanded to know whether they would own his Majesty or not, the answer was given, that they would first know whether his Majesty would own them. So in the
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end, after much consideration and delay, "the case being weighty," "it was resolved to call the general court for the effectual carrying on of the work." Meanwhile the gentlemen from England were urged not to retard their own business by waiting on the proceedings of the authorities of the juris- diction ;- a suggestion which implied that if they had a commission from the king which gave them the power of searching, they might proceed to execute it at their own risk ; and that if their commission was not sufficient for such pur- pose, they had better go where their commission carried them.
The pursuers accordingly made such search as they dared to make in the circumstances ; they obtained full proof that the regicides had been seen at Mr. Davenport's ; they offered great reward to Indians and Englishmen for such information and aid as should enable them to accomplish their object ; they threatened Mr. Davenport with the well known penal- ties of the law for concealing and comforting traitors ; but they were unsuccessful ; and after a day or two they went on towards the Hudson river, and thence returned by water to Boston. On the 17th of May, which was only two or three days after their departure, the general court assembled ; and after expressing many " wishes that a search had been sooner made," gave order "that the magistrates take care and send forth the warrant, that a speedy, diligent search be made throughout the jurisdiction," and "that from the sev- eral plantations a return be made that it may be recorded." The order was carried into effect ; a search was made throughout the colony, but the fugitives were not found.
Meanwhile the hunted men were at various places in the immediate vicinity of New Haven. On the day on which the pursuers arrived at Guilford, (May 11,) they left their con- cealment at the house of Mr. Jones, and found refuge during the Sabbath in the mill near West Rock ;* thence on the 13th, the day on which the pursuers came to New Haven,
* The site of that mill is now occupied by the Manufactory of Blake & Brothers.
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they went into the woods, and were conducted by some trusty friends to a hiding place now included within the bounds of Woodbridge, which afforded them lodgings for two nights. On the 15th of May they removed to the cave on the side of West Rock, which was their residence till the 11th of June, while the whole colony was searched to find them. They were informed of all that was doing ; they stood ready to surrender themselves rather than that any body should suffer on their account; and at last, knowing Mr. Davenport's danger, they left their refuge and came into town to deliver themselves up to the authorities here. They ventured to be seen here so publicly, as to clear Mr. Daven- port from the suspicion of still concealing them. They caused information to be conveyed in some way to Gov. Leete, that they were ready to surrender if it was necessary, but he did nothing towards commencing such a treaty ; and the next day they were informed by some of their friends, that there was no occasion for so desperate a measure. After this, they retired again to their cave, and continued there and in similar places till the 19th of August, when, it being gen- erally supposed that they had made their escape to parts un- known, they came into the center of Milford, and obtained a lodging place in a house there, in which they continued in the most perfect seclusion for several years. In October, 1664, they removed to Hadley, in Massachusetts, where the minister of the place, Mr. Russell, had made arrangements to receive them ; and under his roof they rested for the remainder of their days.
I have repeated these details, because they illustrate the character generally of the first colonists of New Haven, and especially because they show in so striking a light the char- acter of Mr. Davenport. I know not what incident in history exhibits a more admirable combination of courage and adroit- ness, of fidelity to friendship, of magnanimity in distress, and of the fearless yet discreet assertion of great principles of lib- erty, than can be found in this simple story of the protection of the regicides by the men of New Haven. And what gives
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to all the rest a higher dignity, is the fact that the courage which feared not the wrath of the king, was not fool-hardi- ness or passion, but faith in God who bade them hide the outcasts, and be a covert to them from the face of the spoiler. The rude munition of rocks that sheltered the fugitives when they were chased into dens and caves of the earth, is a mon- ument more eloquent than arch or obelisk. Till the moun- tains shall melt, let it bear the inscription, "Opposition to tyrants is obedience to God."*
In the year 1662, the people of Connecticut obtained from King Charles II, by the agency of their Governor Winthrop, a charter with the amplest privileges, which was designed to comprehend that colony and New Haven under one juris- diction. In the negotiations which followed, Mr. Davenport, contrary to his ordinary practice, took a leading part. He was strongly and conscientiously opposed to the union with Connecticut. He believed that the constitution of the civil state here, was more according to the mind of God, and bet- ter adapted to the great ends of government than any other in the world ; and he thought that the constitution provided by the Connecticut charter contained no sufficient safeguard for the liberty and purity of the churches. Fearing such an arrangement, he had obtained from Gov. Winthrop before he sailed to procure the charter, a promise that New Haven should not be included contrary to the wishes of its people. The Connecticut people, however, immediately on receiv- ing the charter which Gov. Winthrop sent them, took meas- ures, some of them altogether unjustifiable, to bring the New Haven colony under their jurisdiction. New Haven entered into the conflict under serious disadvantages ; for even before
* The story of the regicide judges is given by Hutchinson, (I, 213,) with documents, (III, 334, 338, 344, 432.) Stiles has added the records and tradi- tions of New Haven. His authorities are worth more than his reasonings. Some other documents are found in III Mass. Hist. Coll. vii, 123. When- ever the life of Gov. Leete shall be written, a letter from John Norton to Richard Baxter should be consulted, in Reliquia Baxterianæ, Part II, 292.
The inscription cited above, was placed upon the "Judges' cave," by a modern hand.
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the coming over of the charter, there existed in this colony, and particularly in the remote towns, a party violent in opposi- tion to the government here established.
The first distinct intimation of the approaching crisis, was in May, 1662, when the legislature, " not knowing what im- portant affairs may happen respecting this colony between the session of this and the next general court," voted that if any thing extraordinary should arise, " the Governor being immediately informed thereof, should repair to New Haven, and there consult and advise with the magistrates and elders of that place and of Branford what is fit and safe to be done in such an exigency," calling in if necessary the magistrates of Milford, or of any other town. The Governor, with the magistrates thus convened, were empowered to act according to the exigency, "upon the concurrent advice of two or more of the elders," provided they "proceed not to treat or con- clude any thing that may have tendency to change of the present government, without a General Court be first called."
Before the session of the Court of Magistrates in the Octo- ber following, the expected charter of Connecticut had arri- ved ; and when the Court, according to usage, appointed the 23d of the month as a day of public thanksgiving for the mercies of the year, it was also ordered " that the 29th of this month be kept as a day of extraordinary seeking of God by fasting and prayer for his guidance of the colony in this weighty business about joining with Connecticut colony, and for the afflicted state of the Church and people of God in our native country and in other parts of the world."
Two days after that day of fasting, the records of the town show us a meeting of the freemen at which a copy of the charter was exhibited, together with a writing from some gentlemen of Connecticut, signifying that they looked upon New Haven as being within their bounds. Mr. Davenport, and his colleague Mr. Street, were both present. Mr. Dav- enport appears to have addressed the meeting at great length. He stated some important facts, illustrating the haste, unkind-
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ness, and arrogance, with which their brethren of the other colony had proceeded in the matter. He showed what pledges he had received from Mr. Winthrop, that so unright- eous an act should not be attempted. He went into an ar- gument to prove, first, that New Haven was not of course in- cluded under the charter, and secondly, that New Haven ought not voluntarily to enter into such a union ; and he concluded by giving directions as to the answer that should be returned to the men of Connecticut, "that they may see their evil in what they have done, and restore us to our former state, that so we and they may live together in unity and amity for the future." Mr. Street followed in the debate ; he declared that he looked upon Mr. Davenport's arguments as unanswerable ; he thought "that both Church and town had cause to bless God for the wisdom held forth in them ;" he exhorted the freemen "to keep the ends and rules of Christ in their eye, and then God would stand by them ;" and he concluded by seconding Mr. Davenport's directions respecting an answer, " with one scripture out of Isaiah xiv, 32, [What shall one then answer the messengers of the nation ?- that the Lord hath founded Zion, and the poor of his people shall trust in it ;] and from thence did advise that the answer should be of faith and not of fear." The decision of the meeting, after a full debate, was in accordance with the advice thus given.
Four days afterwards, the freemen of the whole colony were convened at New Haven, not by delegation, but in full assembly. To that convention, Gov. Leete submitted the communication which had been received from Connecticut, and the brief reply which had been made by the committee appointed by the last General Court. These writings hav- ing been read, together with the copy of the charter, the Governor called the attention of the meeting to the two dis- tinct points which the communication from Connecticut pre- sented for their consideration, namely, the claim that the charter necessarily included them and that they were there- fore bound to submit, and the invitation to a voluntary and peaceful union. After this, that the people might have time
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for consideration, the assembly was dismissed for an hour and a half, " then to meet again at the beat of the drum." When the meeting was again opened, Mr. Davenport was called upon by the Governor to express his views. Mr. Davenport " said that, according to this occasion, he should discharge the duty of his place," and proposed to "read to them his own thoughts, which he had set down in writing, and which he desired might remain his own till they [the freemen of the colony,] should be fully satisfied in them ;" for he would leave others to walk according to the light which God should give them in this business." Accordingly he read some rea- sons why the people of Connecticut ought not to construe their charter as including New Haven colony, and why New Haven might not voluntarily join with Connecticut,-and then retired, leaving his written thoughts for the considera- tion of the assembly. The Governor carefully abstained from giving any opinion ; but urged the freemen to speak their minds, that the substance of the answer might proceed from them. After the matter had been "largely debated," the substance of the answer was agreed upon ; and it was determined that the points of the reply should be, first, a " due witness-bearing against the sin" of Connecticut in in- vading their independence ; next, a demand that till Mr. Winthrop should return, or till they should otherwise obtain satisfaction, the whole matter should be deferred, and the jurisdiction of New Haven be permitted to proceed without interruption ; and thirdly, a resolution to do nothing without taking advice from the other confederated colonies. A com- mittee including all the magistrates and elders was appointed to prepare such an answer, and to forward it to the authori- ties of Connecticut. The "answer of the freemen, drawn up into form by the committee,"* bears strong marks of the workmanship of Mr. Davenport.
The correspondence thus begun between the two colonies was continued through several years, while Connecticut was
* The reader will find it in Trumbull, I, 515.
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gaining strength by steady encroachment, and New Haven, at first the weaker party, was gradually weakened by defec- tions, and by the increasing burthens which the controversy occasioned. The great body of the people here loved their independence and their own peculiar polity. The ends for which, said they, " we left our dear native country, and were willing to undergo the difficulties which we have since met with in this wilderness, yet fresh in our remembrance," were " to advance the kingdom of our Lord Jesus Christ, and to enjoy the liberties of the gospel in purity with peace ;" and these are "the only ends we still pursue, having hitherto found by experience so much of the presence of God with us, and of his goodness and compassion towards us in so doing, for these many years." To these ends their peculiar institutions seemed in their judgment best adapted. To them their little republic seemed as near a perfect model of a Christian commonwealth, as could be in this world of imper- fection. Cato in his "little senate" at Utica, standing against the power of Cæsar, for the ancient constitution of his coun- try, was actuated by no sentiment higher or more admirable than that which actuated them. In all the negotiations of that crisis the influence of Mr. Davenport is conspicuous. The numerous letters and remonstrances in which the claims of New Haven were argued, bear the stamp of his mind. Their clearness in the statement of the case, their cogency in the argument, their dignity of manner, with slight occasional manifestations of sarcastic humor, and the simple piety that breathes so naturally through them all, indicate him as the author .*
It was not till January 5th, 1665, that this controversy was concluded by the unanimous submission of New Haven to the claims of Connecticut. This result was brought about
* These papers were published by Trumbull, with only one exception. The one which Trumbull did not publish will be found (what remains of it) in the Appendix, No. X. The venerable historian has given the story of the extinction of the New Haven colony with much accuracy and particularity. Trumb. I, ch. 12.
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by a new danger, which was beginning to threaten the com- mon interests of New England. The king had undertaken to erect provinces in New England for his brother, the Duke of York, and had given himn, besides other territories, Long Island, and all the land from the west side of Connecticut river to the east side of Delaware Bay. A naval and mili- tary force was sent over to subdue the Dutch settlements ; and with that force came four commissioners, one of them a papist, and another an old and bitter enemy of New Eng- land, clothed with extraordinary powers, to visit the several colonies, to hear and determine all matters of complaint and controversy among them, and to settle the country in peace. Before such a court, if New Haven should plead for exemp- tion from the jurisdiction of Connecticut, it would probably have no better effect than to aid in subjecting them to the arbitrary government of the Duke of York. They saw that farther resistance, if not absolutely hopeless, would jeopard not only their own interests, but the common interests of all the colonies, and the interests of truth and liberty. Some, even in the face of this danger, thought at first, "that to stand as God hath kept us hitherto is our best way ;" but they had too much wisdom to maintain the conflict in obsti- nacy or passion. Mr. Davenport himself, though probably as much averse to the measure as any other person, appears to have yielded to the necessity, and was one of the committee for consummating the union.
The principal reason of Mr. Davenport's strenuous and pro- tracted opposition to this union, was, his expectation that it would have an unfavorable bearing on the purity of the Churches, and thus on the prosperity of religion. In the Connecticut colony the Churches had always been more sub- ject to legislative intermeddling than in New Haven. In that colony, too, as in Massachusetts, there was a growing party which demanded a new standard of qualifications for admission to church membership. The demand was that all baptized persons not positively scandalous in their lives, should be recognized as church members, and that their
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children in turn should be admitted to baptism. The synod from Connecticut and Massachusetts, in 1657, against which New Haven had remonstrated beforehand, agreed upon such answers to the questions submitted to them, as accorded with the views of the innovating party ; but the opinions of that council seem to have had little immediate effect on the prac- tice of the Churches. In 1662, at the time when Connecti- cut was beginning to set up her claim of jurisdiction over New Haven, another synod of the ministers in Massachu- setts, with delegates from the Churches, was held at Boston. There, as in the preceding synod, the principle prevailed, that all baptized persons not convicted of scandalous actions, are so far church members, that upon acknowledging their baptismal covenant, and promising an outward conformity to it, though without any pretension to inward and spiritual re- ligion, they may present their children for baptism. Thence- forward the "halfway covenant," as it was afterwards called, began to be practiced in the Churches.
Against this innovation Mr. Davenport stood in determined opposition. He of course was not a member of the synod ; but he sent his written opinion, which, though the synod refused to hear it read, was "generally transcribed" and put within the reach of the members. His testimony, too, and that of his colleague, against the decision of the synod, was given in to the General Court of Massachusetts, with a pre- face signed by several ministers, who were of the minority in the synod, and who declared their full concurrence with Mr. Davenport. In the ensuing controversy he took a lead- ing part. Soon after the result of the synod had been given to the world, he published an elaborate reply, which was ac- companied with a long argumentative preface by Increase Mather, then a young man, and with a brief appendix from the pen of Mr. Street, the teacher of this Church. Mr. Chauncey, the President of Harvard College, also published a reply to the synod, in the name of the minority who had dissented from the conclusions of that body. President Chauncey was answered by Mr. Allen, pastor of the Church
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