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CHAPTER XII.

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The general court of Connecticut declare their loyalty and submission to the king; determine to address his majesty, and apply for charter privileges. A petition to his majesty is prepared, and a letter addressed to lord Say and Seal. Governor Winthrop is appointed the colony's agent, to present their petition, and solicit a patent. Regicides condemned. Whalley and Goffe arrive at Boston, escape to New-Haven, and are kindly entertained, and kept from their pursuers. New-Haven falls into great trouble and danger on that account. New-Haven excuse themselves; decline sending an agent ; but join with Massachusetts, in supporting one. The king proclaimed. Governor Winthrop obtains the charter of Connecticut. First governor and council under the charter. Repre sentation of the constitution it ordains, and the privileges it conveys. Difficulties of the colony of New-Haven. Governor Leet's address. Charter of Connecticut_arrives. Proceedings of Connecticut in consequence of the charter. They extend their jurisdiction to all places within the limits of their patent, and challenge New-Haven colony, as under their jurisdiction. Controversy between the two colonies. Settlement of Killingworth. Patent of the duke of York. Colonel Nichols and commissioners arrive, reduce all the Dutch settlements. Their extraordinary powers. Important crisis of Connecticut. The general court make a present to the commissioners. Answer to the propositions from his majesty, and reply to the duke of Hamilton's claim and petition. Boundaries between Connecticut and New-York. Union of Connecticut and New-Haven.

BOOK I.

1660.

The court

THE HE colony having purchased the patent, and the gov- March 14. ernment of England having been settled in the king and parliament, the general court determined to make application for a charter under the royal signature. They avowed their allegiance to his majesty, king Charles the second; declared that all the inhabitants of this colony avow their were his faithful subjects; and that it was necessary to pe- allegiance tition him for his grace, and the continuance and confirma- to king tion of their rights and privileges. The court resolved, that the 500 pounds due from Mr. Cullick should be appropriated to the prosecution of their address, and application to his majesty for a patent.

Charles II.

Book I. At the session in May, a petition to his majesty was presented by the governor, and approved by the general 1661. court. That it might, however, be made as perfect as Prepare a possible, the governor and deputy governor, Mr. Wyllys, petition Mr. Allen, Mr. Warham, Mr. Stone, Mr. Hooker, Mr. for a charWhiting, and the secretary, were appointed a committee ter. for its emendation. They were authorised to methodize and make all such alterations, as they should judge expedient, provided the substance of it were retained. They were directed to write letters to any noble personages in England, to whom it might be expedient to make application, and to transact whatever might be necessary, respecting the petition and the procurement of a patent.

May 16.

Gov. Win

throp appointed agent.

Represen

tations in the peti

tion.

Letter to

lord Say and Seal.

Com

Governor Winthrop was appointed agent to present the petition to his majesty, and to transact all affairs in England, respecting the general welfare of the colony. He had particular instructions from the general court for the management of the business of his agency. He was especially directed to obtain the consent, and take the advice of the nobles and gentlemen, who had been interested in the old patent of Connecticut; and to engage the friendship and influence of all those, who might be active and serviceable, with respect to the interests of the colony.

In the petition to his majesty, it was represented, that the greatest part of the colony had been purchased and obtained by great and valuable considerations; that some other part thereof had been obtained by conquest; and that it had, with great difficulty, at the sole endeavours, expense and charges of themselves and their associates, under whom they claimed, been subdued and improved, and thereby become a considerable enlargement and addition to his majesty's dominions and interests in New-England.* These were pleaded as reasons, with his majesty, to grant the tract and privileges for which the petitioners prayed.

At the same time, a letter was addressed to lord Say and Seal, representing the encouragements which their fathers, and some of their surviving associates, received from him, to transplant themselves into the inland parts of this vast wilderness, and their assurances of his patronage and favor. They also complained, that Mr. George Fenwick, plaints a several years after he had taken possession of the entrance Fenwick. of Connecticut river, determining to return to England, proposed to sell the fort, at Saybrook, with all the buildings and appurtenances there, together with all the lands upon the river, as far eastward as Narraganset bay, with the right of jurisdiction, to the colony. They represented, Appendix No. VII.

gainst Mr.

that this, at first, was strenuously opposed, by many of Book I. the inhabitants, as they imagined his lordship, and the other noble patentees, had very bountiful intentions to- 1661. wards them; and that such a procedure would be extreme-, ly contrary to their designs. Nevertheless, that afterwards, as some of those gentlemen, who had the greatest interest in the affections of their lordships, were removed by death; and as Mr. Fenwick pretended to be the only patentee; and threatened, that unless the colony would purchase the lands, on his own terms, he would either impose duties upon the people, or sell the premises to the Dutch, they finally agreed with him, and paid him 1,600 pounds for them. They intimated that this was the only way in which the peace and safety of the community could have been preserved. As a further matter of grievance, they complained, that, besides this great abuse, Mr. Fenwick had given them nothing under his hand, to oblige himself or his heirs to fulfil his engagements; and that they had nothing to secure them, in the enjoyment of their just rights and privileges, as a distinct commonwealth. They further made complaint of encroachments made upon them, on the north by the Massachusetts, and by them and others towards the Narragansets; and that they knew not how to support their claims, or ascertain their boundaries, without a patent. They intreat his lordship to consider their circumstances, counsel and assist their agent, and countenance their designs.*

The only alteration which had been made, at the election, this year, in Connecticut, was the choice of Mr. Thurston Rayner into the magistracy; but at New-Haven the alteration was very considerable.

Newman

Francis Newman, Esq. who had succeeded governor Governor Eaton, in the chief seat of government, was now no more. dies. He had been for many years secretary, under the administration of governor Eaton, and was well acquainted with the affairs of the colony. He is represented as a gentleman of piety and unblemished morals, happily imitating his predecessor both in public and private life.

New-Ha

Upon the election, William Leet, Esq. was chosen gov- Election at érnor, and Mr. Matthew Gilbert, deputy governor. Mr. ven, May Benjamin Fenn, Mr. Robert Treat, Mr. Jasper Crane, Mr. 29th. John Wakeman, and Mr. William Gibbard, were elected magistrates. The spirit of republicanism however was so high, at New-Haven, that several of them would not accept their appointments and take the oaths prescribed. Mr. Wakeman and Mr. Gibbard utterly refused. Mr. *Letter to his lordship, No. VIII.

BOOK I. Fenn was hardly prevailed with to accept his office. He at last took the oath, with this previous explanation, that it 1661. was only with reference to the particular laws of that colony; and that if any thing foreign should present, it should give no offence if he should decline acting. Mr. James Bishop was chosen secretary, and Mr. Robert Allen, trea

Regicides condemn

ed.

Whalley and Goffe

arrive at Boston.

Retire to Cambridge.

surer.

*An affair had happened at New-Haven, a few months before this, which now began to alarm the country, and soon gave great anxiety and trouble to that colony.

Very soon after the restoration, a large number of the judges of king Charles the first, commonly termed regicides, were apprehended and brought upon their trials, in the Old Baily. Thirty nine were condemned, and ten executed as traitors. Some others, apprehensive of danger, ffed out of the kingdom before king Charles II. was proclaimed. Colonels Whalley and Goffe made their escape to New-England. They were brought over by one captain Gooking, and arrived at Boston, in July, 1660. Governor Endicott and gentlemen of character, in Boston and its vicinity, treated them with peculiar respect and kindness. They were gentlemen of singular abilities, and had moved in an exalted sphere. Whalley had been a lieutenant general, and Goffc, a major general, in Cromwell's army. Their manners were elegant, and their appearance grave and dignified, commanding universal respect. They soon went from Boston to Cambridge, where they resided until February. They resorted openly to places of public worship on the Lord's day, and at other times of public devotion. They were universally esteemed, by all men of character, both civil and religious. But no sooner was it known, that the judges had been condemned as traitors, and that these gentlemen were excepted from the act of pardon, than the principal gentlemen in the Massachusetts began to be alarmed. Governor Endicott called a court of magistrates to consult measures for apprehending them. However, their friends were so numerous that a vote could not, at that time, be obtained to arrest them. Some of the court declared that they would stand by them, others advised them to remove out of the colony.

Finding themselves unsafe at Cambridge, they came, by the assistance of their friends, to Connecticut. They made their route by Hartford, but went on directly to NewArrive at Haven. They arrived about the 27th of March, and made New-Ha- Mr. Davenport's house the place of their residence. They March 27, were treated with the same marks of esteem and generous friendship, at New-Haven, which they had received in the

ven,

Massachusetts. The more the people became acquainted Book I. with them, the more they esteemed them, not only as men

of great minds, but of unfeigned piety and religion. For 1661. some time, they appeared to apprehend themselves as out of danger, and happily situated among a number of pious and agreeable, friends, But it was not long before the news of the king's proclamation against the regicides arrived, requiring, that wherever they might be found, they should be immediately apprehended. The governor of Massachusetts, in consequence of the royal proclamation, issued his warrant to arrest them. As they were certified, Go to by their friends, of all measures adopted respecting them, Milford, they removed to Milford. There they appeared openly in the day time, but at night often returned privately to NewHaven, and were generally secreted at Mr. Davenport's, until about the last of April.

In the mean time, the governor of Massachusetts received a royal mandate requiring him to apprehend them; and a more full and circumstantial account of the condemnation and the execution of the ten regicides, and of the disposition of the court towards them, and the republicans and puritans in general, arrived in New-England. This gave a more general and thorough alarm to the whole country. A feigned search had been made in the Massachusetts, in consequence of the former warrant, for the colonels Whalley and Goffe; but now the governor and magistrates began to view the affair in a more serious point. of light; and appear to have been in earnest to secure them. They perceived, that their own personal safety, and the liberties and peace of the country, were concerned in the manner of their conduct towards those unhappy men. They therefore immediately gave a commission to Thomas Kellond Kellond and Thomas Kirk, two zealous young royalists, to and Kirk go through the colonies, as far as the Manhadoes, and make sioned to a careful and universal search for them. They pursued search the the judges, with engagedness, to Hartford; and, repairing country. to governor Winthrop, were nobly entertained. He assured them, that the colonels made no stay in Connecticut, but went directly to New-Haven. He gave them a warrant and instructions similar to those which they had received from the governor of Massachusetts, and transacted every thing relative to the affair with dispatch. The next Come to day they arrived at Guilford, and opened their business to deputy governor Leet. They acquainted him that, according to the intelligence which they had received, the regicides were then at New-Haven. They desired immediately to be furnished with powers, horses, and assistance to arrest them.

commis

Guilford,

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