History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. I, Part 11

Author: L.H. Everts & Co
Publication date: 1879
Publisher: Philadelphia : Louis H. Everts
Number of Pages: 700

USA > Massachusetts > History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. I > Part 11

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Sas-sa-cus, the last of the Pequots, fled beyond the Hudson, and was killed by the Mohawks. His nation was extinct.

After the destruction of the Pequots, troubles arose between Uncas, of the Mohicans, and Mi-an-to-no-mo, of the Narra- gansetts, which finally resulted in the triumph of Uncas, and the death of Mi-an-to-no-mo at his hands; but, so far as the white settlers of the Connecticut Valley and the rest of New England were concerned, from that hour of slaughter in the Pequot fort, on the banks of the Mystic, there was peace for forty years, until King Philip, at the head of another genera- tion of Indian warriors, waged the second war of extermina- tion between the white man and the Indian, which deluged the land with blood.

At the conclusion of the Pequot war, the General Court of the Massachusetts colony adopted the following resolutions, to wit :

1. PEQUOT WAR.

" THE CounT did intreat the magistrates to treat with the elders about a day of thanksgiving upon the return of the soldiers, and the soldiers to be feasted by their towns."

Gen. Court at New Town, Aug. 1, 1637.

11.

" The 12th of the 8th mo. was ordered to lee kept a day of publike thanks- giving to God for his great m'ies in sullewing the Peroits, bringing the soldiers in safety, the secesse of the conference, and good news from Germany." Gen, Court, Sept. 26, 1637.

CHAPTER XI.

THE SEPARATION OF SPRINGFIELD FROM THE JURISDICTION OF CONNECTICUT.

THE reader has seen in chapter VIII., of this volume, that the removal of William Pynchon and his company from Rox- bury, near Boston, to Agawam, now Springfield, on the Con-

nectieut River, was not a distinct and separate movement, made for the planting of Springfield only, but formed a part and parcel of a larger undertaking entered into by several towns at the Bay, which resulted in the foundation of the State of Connecticut.

It has also been seen that, before the departure of the emi- grants to the Connecticut Valley, the General Court of the Colony of the Massachusetts Bay, at Boston, granted them a commission, which in effect organized a separate government, in which commission William Pynchon and Henry Smyth, his son-in-law, were, with Roger Ludlow, John Steele, Wil- liam Swaine, William Phelps, William Westwood, and An- drew Ward, named as assistants.

Soon after the colonists of the Connecticut Valley had arrived at Hartford, Windsor, Wethersfield, and Springfield, in the spring of 1636, the General Court authorized in their commission met at New Town, now Hartford.

The following heading to the first meeting, copied from the Connecticut records, shows the time of said meeting, and which of the above-named assistants were then present :

" A Corte Holden at Newtowne, ¿ 26 April, 1636. Present, Roger Ludlow, Esq., Mr. Steele, Mr. Phelps, Mr. Westwood, Mr. Ward."

It will be seen that at this court, first held at Connecticut, neither Mr. Smith nor Mr. Pynchon was present. They were doubtless so busily engaged in their removal from Rox- bury, and in providing places of shelter for their families at Agawam, that it was inconvenient for them to attend.

General Courts were afterward held at Dorchester, now Windsor, on the 7th of June; at Watertown, now Wethers- field, on the Ist of September; and again at Newtowne, now Hartford, on the Ist of October. At neither of which the Agawam assistants were present.

The first General Court of Connecticut at which any one from Springfield appeared was held in November following, of which we give a copy of the records,¿ so far as it shows those who were present.

" A Corte held at New Towne Ist November, 1636. Present, Mr. Ludlow, Mr. Pynchon, Mr. Swaine, Mr. Steele, Mr. Phelps, Mr. Westwood, Mr. Ward."

It appears by the "Connecticut Colonial Records," above referred to, that Mr. Pynchon had furnished to the Connecticut people considerable quantities of Indian corn, upon contract with the General Court, and that out of this trade in corn, and other matters arising between Mr. Pynchon and the Con- necticut people, a difficulty arose, which resulted in the sud- den withdrawal of Mr. Pynchon and his company of settlers at Agawam, now Springfield, from the jurisdiction of Con- necticut into and under the jurisdiction of Massachusetts.

At a General Court held at Hartford on the 5th day of April, 1638, among others, Mr. Pynchon, Mr. Smith, and Mr. Moxon of Agawam were all present.

At this General Court the following resolution in reference to the difficulty with Mr. Pynchon about the corn was adopted : ||

" Wherens, There was some complaint made against Mr. William Pynchon, of Agawam, for that as was conceived and upon proof appeared, he was not so care- ful to promote the public good in the trade of corn as he was bound to do. It is ordered the said Mr. Pynchon shall, with all convenient speede, pay as a fine for his so failing, 40 bushels of Indian corn for the publick, and the said corn to be delivered to the treasurer to be disposed of as shall be thought meete."

This was the last appearance of any of the Springfield people at the Connecticut General Court. It will be seen by the following documents, that shortly after this the inhabi-

# Changed to Hartford, Feb. 21, 1636-37, in honor of the residence of Rev. Mr. Stone, in England. The emigrants to the river first named these towns after the places they had left at the Bay, and Dorchester was changed to Windsor and Water town to Wethersfield respectively.

& Col. Rec. of Conn., Vol. 1., p. 5. | Ibid., p. 19.

* Palfrey's Hist. of New Eng., Vol. I., page 467.

+ Mason's Pequot War, p. 141.

HISTORY OF THE CONNECTICUT VALLEY.

tants of Agawam set up a provisional government for them- selves. It must also be considered that the Agawam people had satisfied themselves in the mean time that Agawam did in reality lie to the north of the Connecticut line, and was actually within the bounds of the territory under the jurisdiction of the Massachusetts.

Mr. Pynchon was, however, a magistrate of Connecticut, and not of Massachusetts ; and in the absence of any authority from the General Court at Boston, the inhabitants of the little hamlet of Agawam in the February following adopted a form of government of their own in the following compact, which is unparalleled in the history of this country, saving the compact entered into by the Pilgrim Fathers, on the " May- flower," before landing at Plymouth Rock. By this compact they made Mr. Pynchon their magistrate. His authority was derived from the people themselves,-now, but not then, recog- nized as the highest of all authority. Their compaet was as follows, to wit :

" February the 14th, 1638-9 .- We the Inhabitants of Agaam, upper Quinnetticut, takinge into consideration the manifonld inconveniences that may fall uppon us for want of some fit magistracy amonge us; Being now by Godes providence fallen into the line of the Massachusetts jurisdiction; & it being farr off to re- payer thither in such cases of justice as may often fall ont amonge ns, doe there- fore thinke it meete by a generall cousent & vote to ordaine (till we receive further directions from the Generall Courte in the Massachussetts Bay) Mr. Wil- liam Pynchon to execute the office of a magistrate in this our plantation of Agaam, viz .:

" To give oathes to constables or military officers, to direct warrantes, both process, executions, & attachmentes, to heare and examine misdemeanours, to de- pose witnesses, & uppon proofe of misdemeanour to inflict corporal punishment, as whipping, stockinge, byndinge to the peace or good behaviour, & in some cases to require sureties, & if the offense require to commit to prison, and in de- fault of a common prison to commit delinquents to the charge of some fit person or persons till justice be satisfyed; also in the Tryall of actions for debt or trespasse, to give oathes, direct juries, depose witnesses, take verdicts & keepe Records of verdictes, judgments, executions, & whatever else may tend to the keepinge peace and the manifestation of our fidellity to the Bay Jurisdiction & the restraininge of any that shall violate Godes lawes; or lastely whatsoever else may fall within the power of an assistant in the Massachusett.

" It is also agreed uppon by a mutual consent, that in case any action of debt or trespasse, he to bo tryed seeinge a jury of 12 fit persons cannot be had at present amonge us, that six persons shall be esteemed & held a sufficient Jury to try any action under the some of Ten pounde till we shall see to ye contrary, & by com- mon consent shall alter the number of Jurors, or shall be otherwise directed from the generall court in the Massachusetts."

Thus, in the depth of winter, they boldly seceded from the jurisdiction of Connecticut, and, going back to first principles, adopted a constitution of their own, until they could find safety under the sheltering wing of the General Court at the Massa- chusetts Bay.

Out of this abrupt separation of Mr. Pynchon and his Agawam colony there grew up between the Connecticut people and the people of Agawam and the Massachusetts Bay a bitter controversy, which lasted for several years, and interfered even with the union formed by the colonies, known as the United Colonies.

Thus, we find, in a letter of the Rev. Thomas Hooker, of Ilartford, to Governor Winthrop, written in 1638, in speaking of the proposition of the aforesaid union of the colonies, he says : " The negotiation was interrupted in consequence of the claim preferred by Massachusetts to the jurisdiction of Aga- wam (Springfield), which had been hitherto conceded to belong to Connecticut."

Governor Winthrop, in his reply to this letter of Mr. Hooker, under date Aug. 28, 1638, complained of three things; the third matter complained of related to the controversy about Agawam. "3d. That they [the people of Connecticut] still exercise jurisdiction at Agawam, though one of their commis- sioners disclaim to intermeddle in our line, and thereupon we challenged our right, and it was agreed so; and I had wrote to desire them to forbear untill that Mr. Pynchon had small encouragement to be under them ; that if his relation were true, I could not see the justice of their proceeding against him."

To this letter of Governor Winthrop, of August, 1638, Mr. Hooker replied in the autumn of that year.

This reply is so interesting that we copy it entire, so far as it has reference to the third complaint of Mr. Winthrop, above stated.

"THE THIRD thing touching the business of Agaam comes last into considera- tion, in which I shall crave leave to open myself freely and fully, that the rule of righteous proceeding may appear in undeniable plainness where it is. The sum of that cause is to be attended in two things: partly in the jurisdiction we have exercised, partly in the jurisdiction which at this time you su suddenly, so unexpectedly, take to yourselves.

" For a fair and full answer you may be pleased to understand : 1. That I have advised with the commissioners, and their expressions to me were these: that they were so far from consenting that you should take away the jurisdiction in Agaam from them to yourselves that to their best remembrance there was no such thing mentioned ; nor were there une syllable sounding that way in all the agitation of the business. When the commissioners of other towns, and amongst thein one from Agaam, came to establish the jurisdiction which they now exer- cised, in reason it could not be their commission, nor the intention of the towns, to destroy their own jurisdiction, for that was to cross the scope of the treaty, and overthrow the combination for the establishment whereof they were now sent.

" The act of jurisdiction which hath been exercised since your letter, it was this : there was an inhabitant in Agaam apprehended in some misdemeanor ; tho town sent the delinquent to the court to desire justice, which they answerably did; and why they might not do it, nay, how they could avoid it, according to rule, it is beyond all my skill to conceive. For at the time of our election; the committees from the town of Agaam came in with other towns, and chose their magistrates, installed them into their government, took oath of them for the execution of justice according to God, and engaged themselves to submit to their guvermneut and the execution of justice by their means, and dispensed by the authority which they put upon them by choice.

"Now when these men demand justice from magistrates so chosen and en- gaged, how, in a faithfulness and according to their oath, they could deny it with- out sin, the covenant continning firm on both parts, and renounced at this time by neither, it is beyond my compass to comprehend, and, under favor, I do think beyond the skill of any man by sound reason to evince.

" The magistrates who are lawfully called, and stand bound by oath to execute justice unto a people, to deny the execution of justice when it is demanded by such, is a grievons sin. But the magistrates were thus called, thus by oath bonnd, and justice was in this manner demanded. Therefore had they then refused it they had grievously sinned. Yea, taking it for granted that it is in each inhabi- tant's liberty in Agawam to choose his jurisdiction (which is to me beyond ques- tion), if I was there as an inhabitant, I should judge myself bound in conscience to submit to the jurisdiction of the river, and do believe I should make a breach of the eighth command if I should otherwise ; because in so doing I should steal from mine estate, in that I should rush myself into needless and endless incon- venientes: namely, to cast myself into that condition that for a matter of five shillings (as the case may fall out) I should put myself to unreasonable charges and trouble to seek for justice a hundred miles off in the wilderness. If Mr. Pyn- cheon can devise ways to make his oath bind him when he will, and loosen him when he list ; if he can tell how, in faithfulness, to engage himself in a civil cov- enant and combination (for that he did, by his committees in their act) and yet can cast it away at his pleasure, before he give in sufficient warrant, more than his own word and will, he must find a law in Agaam for it; for it is written in no law or gospel that ever I read. The want of his help troubles not me nor any man else I can hear of, I do assure you ; we know him from the bottom to the brim, and follow him in all his proceedings, and trace him in his privy footsteps; only we would have him and all the world to understand he doth not walk in the dark to us. By this it is evident what the jurisdiction was which was exer- cised since your letter."+

Early in the controversy the Rev. Mr. Moxon, of Springfield, addressed the following letter to Gov. Winthrop, in relation to the Agawam matter. The reader will remember that Mr. Moxon was the first minister of Springfield. His letter is characteristic of the man, and illustrative of the history of the controversy in question. It was first published by the Massachusetts Historical Society, and is as follows :

"To ye Worl his much-respected friende, Mr, Winthroppe, at his house in Bos- ton, be these ddl.

" WORTHY SR,-Salutation in Cr. JESUS. Sr, I make bold to trouble you withi these few lynes, in thus intreating your helpe to cleare this poynt, whether we of Agawam were dismissed out of the Bay with this proviso to continue of the Bay's jurisdiction. If there be any order of court touchinge that matter it may

* In this sentence Mr. Hooker has supplied an important omission in the colony records. Nothing has been known, hitherto, of the constitution of government in Connecticut between the expiration of the Massachusetts commission in March, 1637, and the adoption of the Fundamental Laws in January, 1639. At the General Court at Hartford, April 5, 1638, the names of Mr. George Moxam and Mr. John Burr, both of Agawam, appear in the list of committees, and those of Mr. Pynchon and Mr. Smith among the magistrates. [Note by Mr. Trumbull in Col. Rec. of Conu., Vol. I., p. 17.]

+ Copied from the Conn. Hist. Soc. Col., Vol. I., p. 2, ete.

HISTORY OF THE CONNECTICUT VALLEY.

give light Ye grounde of my request is thus much : I have heard that some of or nrightnes in the River are doubtful whether we lye not in sin (not in falling from their government Imt) in falling disorderly from them without first orderly debatinge ye matter, and our grievances if we had any. I would therefore gladly have such grounds as may be convincing to any that shall desire a reason of us if any shall hereafter speake of it to any of us. I conceive some objection may be grounded on this, that they were possest of us at that tyme. Through God's mercy we [are] all well io or plantation, only Mr Pynchon lately lost a boy who tendinge cowes near our river too ventuously went into a birchen canowe, wch overturned and he was drowned. Refoember myne and my wife's truest love to yor selfe and Mrs. Winthrop.

"The Lord sanctifye ye passages of Ilis providence to you and hear up your spirits in close walkring with Him. Soe prayes your lovinge frinde to use in the service of ye Guspell .*

"G: MOXON."

This controversy was at length ended by a resolution of the General Court of the

Massachusetts Bay, adopted on the 2d of June, 1641, in which Ser 8 leaves

Massachusetts asserts her right of jurisdic- tion over the town of Agawam, which not until the year before had been named Spring- field, and organized a government, with Mr. Pynchon at the head as chief magistrate.

In the light of the facts above stated, this resolution of the Gen- vral Court, although somewhat lengthy, be- comes interesting to the student of history, and we copy it entire :

" THE ANSWER TO THE PETI- TION of Mr. Pynchon and others of Springfield, upon Conectecott, exhibited to tho Genral Court, hoalden at Bos- ton 2d, 4th 11º.

" The Petition being reade in open Court and the records and other writings perused and referred a committee to bee further examined, upon their report, the matter was again considered by the whole Court, and agreed, that answers should bee given thereunto as followeth, vid .: whereas the said petition's do certify as tliat some of their neighbors and friends upon Conectecott have taken offense at them for adhereing to or government and webdrawing from that upon the river, supposing that they had formerly dismissed from their jurisdiction, and that wee had hound ourselves (by or own art) from claiming any jurisdiction or interest in Agawam, now Spring- field, and for proofe hearof they alleadge some passages in a commission grauted by this Court in the first in.

" In 1635, to the said Mr. Pynheon and others, for the government of the said inhabitants upon the said ryver, and some passages also in certeine articles sup- posed to have been propounded to them by the authority of this Court. It is hereby declared,-

"Ist. That the said passages in the said commission (as they are expressed in the petition) are mis-recited, so as the true scope and intention is thereby altered ; as Ist, Whereas the words in the commission are, they are resolved to transplant themselves; in the recital it is, to plant themselves. 2nd, In the cool- mission it is said that those noble personages have interest in the ryver, and by vertue of their patent du require jurisdiction ; in the recitall it is, that wee con- fesse it belongeth to their jurisdiction. 31, In the commission it is provided this

The names of the freemen in Springfaits this agend & fellay yalifeiyi names of al 0 1653

fremer, as they are this may 1691

Caso John Pynchon:

cive Etizur Holyoke Enligneto: Cooper Baritons

Um Branch: John Lamb:

Reice Bedortha

John Shuimbleton Griffith Joanes John canons

Jonath Burt John Sumbard The Bancroft

Anthony for chefer Rich Sifes& west ther allo ad

Benja: Cooly å mitted to freedom Past Ir- tittat prefere) y /n 20 Coun

Gro: Colton: made free at Ger contexte be more Court CHAY 3.1665. who agood imply took theire auch at Sehrater court, Seated 26.1699.

Thomas Mich iomitige to preciome tty

at seggin fo & Court Aan MS TAD Tous Thomas Day : Farm Storne charch 30th 16 kg at Kochlan gon Court John Kcegoe: advised 6 for dench & Bor Gtin May 169; & Semaine THE 69. at Sym ple to Cour John Barber char fery ?? aty generale Guttin & John Relev: admitted to freedom, unay 670 & Swoche Se+25.71 at Spangled Go

at Springte! !

Jojeph, Croy toate, admite to feedone at & ger Cont acto an & moins sorts 16 un jam Hely ole admitted to freedom at 4 Sene Cours in lay16) ofany, may 16800 vice Sikes wrack Celebread brun Huchcork armoire mais o Glingle ye 10 James wartenar: & not warner admitted to free) many /690 Story at collants 16 (n' Dan Dencon; Jag ( chapin & Sam they To mite) to fs war ham 680; Seom at sylvana loan/ Coleccion The Collar Siccome Soption, Brudt

FAC-SIMILE OF PAGE FROM PYNCHON'S RECORD.

may not bee any prejudice to the interest of those noble, &c .; in the recitall it is, that nothing should bee done or intended to the prejudice of the lords or their intendments.

"2nd. THAT the said commission was not granted upon any intent either to dismise the persons from us, or to determine any thing about the limits of juris- dictions, the interest of the lands, and of owne limits being as then unknowne; therefore it was granted onely for one yeare; and it may rather appeare, by or granting such a commission, and then accepting of it, as also that clause, viz .: Till some other course were taken, hy mutuall consent, &c., that wee intended to reserve an interest then upon the ryver, and that themselves also intended to stand to the condition of the first licence of departure given to the most of them, weh was, that they should remaine still of or body.

"3]. FOR those arguints weh they draw from those articles certified in the petition, wee answer, that they were propounded and drawen out onely by some of the magistrats of each party wthout any order or alowance of this Court; and therefore ( whatsoever those magistrats might intend thereby) the intent of the Court cannot be gathered from any thing therein; but in those articles wch were agitated and brought to some issue in or Gen all Court at Cambridge, in the 4th mo. 1638, when their commission- ers were present, Springfield, then called Agawam, was claymed by the Court (though by occasion of some private speach, &c.) to belong to us; and it was then agred by the Court, and yeilded unto by their commissioners, that so minch of the ryver of Conecte- cot as should fall wtbin the line of or patent should continew within our jurisdiction (and it was then taken for granted tlint Springfield would fall to us without question) ; and those articles had then beene fully agreed on betweene the Court and their Commission's, had there not beene some ques- tion about them granting us free passage up the river, in regard of the lords' interest (as they alleaged).

CH Pelatiah Glover m Deacon Sam Chagoin (W Starcinach Tho: Stabbing Benja Munn Robert Ashley Sam Marchfeitos Nath Fly Benja Parlons laurence Alifs

" ITS NOW NEARBY ORDERED, that Willi: Pinchen, gent, for this yeare shall hearby have full power and authority to governe the inhabitants at Springfield, and to heare and determine all causes and of- fenses, both civill and crimi- nall, that reach not to life, limbs, or banishment, accord- ing to the lawes heare estab- lished; provided, that in mat- ters of weight or difficulty, it shall bee lawfull for any party to appeal unto the Court of Assistants, at Boston, so as they prosecute the same ac- cording to the order of this Court; provided, also, that these tryalls bee by the oathes of 6 men, untill they shall have a greater number of in- habitants for that service."

The reader who is fa- miliar with the law re- lating to the construe- tion of statutory enactments will not fail to discover that the order which concludes the above record organizes a gov- ernment at Springfield, and is in reality the act incorporating the town. It may, therefore, be considered that the town of Springfield was incorporated by the General Court on the 2d day of June, 1641.

It will be a matter of interest to the reader to know who were the freemen of Springfield eighteen years after this event, and to show this we produce another fac-simile page from the Record-Book of Mr. Pynchon. This page, however, is in the handwriting of the " Worshipful" John Pynchon, his father, William, having been self-exiled to England ten years before.

* Mass. Hist Society Col., 5 series, Vol. I., p. 296.

frischerwhole

HISTORY OF THE CONNECTICUT VALLEY.

CHAPTER XII.

THE IMPORT DUTY IMPOSED BY CONNECTI- CUT UPON SPRINGFIELD IN 1645-RESISTED BY MASSACHUSETTS.

IN the year 1639 George Fenwick, with his lady and family, left England and arrived in Connecticut with the intent of making a plantation. Mr. Fenwick is described as a worthy and pious gentleman, who had been a barrister at Gray's Inn. His wife was a daughter of Sir Edward Apsley. He was interested in the Connecticut patent, and came over as agent for the patentees.

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History of the Connecticut Valley in Massachusetts, with illustrations and biographical sketches of some of its prominent men and pioneers, Vol. I, Part 11

Author: L.H. Everts & Co Publication date: 1879 Publisher: Philadelphia : Louis H. Everts Number of Pages: 700

Author: L.H. Everts & Co
Publication date: 1879
Publisher: Philadelphia : Louis H. Everts
Number of Pages: 700