Atwater - Appendix 7

APPENDIX VII.

NEW HAVEN'S CASE STATED.

[To the honored John Winthrop, Esq., Governor, or to the honored Major Mason, Defuty Governor of Connecticut Colony, to be communicated to the honored the General Assembly for the said Colony.']

honored and beloved in the lord, - We, the General Court of New Haven Colony, being sensible of the wrongs which this Colony hath lately suffered by your unjust pretences and encroachments upon our just and proper rights, have unanimously consented, though with grief of heart, being com­pelled thereunto, to declare unto you and unto all whom the knowledge thereof may concern, what yourselves do or may know to be true, as followeth,

i. That the first beginners of these plantations by the sea­side in these western parts of New England, being engaged to sundry friends in London and in other places about London, (who purposed to plant, some with them in the same town, and others as near to them as they might,) to provide for themselves some convenient, places by the sea-side, arrived at Boston in the Massachusetts (having a special right in their Patent, two of them being joint purchasers- of it with others, arid one of them a patentee and one of the assistants chosen for the New Eng­land Company in London,) where they abode all the winter following, but not finding there a place suitable for their pur­pose, were persuaded to view these parts, which those that viewed approved, and before their removal, finding that no

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English were planted in any place from the fort (called Say-brook) to the Dutch, purposed to purchase of the Indians, the natural proprietors of those lands, that whole tract of land by the sea-coast for themselves and those that should come to them, .which they also signified to their friends at Hartford in Connecticut Colony, and desired that some fit men from thence might be employed in _that business, at their proper cost and charges who wrote to them. Unto which letter having received a satisfying answer, they acquainted the court of magistrates of Massachusetts Colony with their purpose to remove and the grounds of it, and with their consent began a plantation in a place situated by the sea, called by the Indians Quillipiac, which they did purchase of the Indians the true proprietors thereof, for themselves and their posterity, and have quietly possessed the same about six and twenty years, and have buried great estates in buildings, fencings, clearing the ground, and in all sorts of husbandry, without any help from Connecticut or dependence upon them. And by voluntary consent among themselves they settled a civil court and government among themselves, upon such fundamentals as were established in Massachusetts by allowance of their patent, whereof the then governor of the Bay, the Right Worshipful Mr. Winthrop sent us a copy to improve for our best advantage. These funda­mentals all the inhabitants of the said Quillipiac approved, and bound themselves to submit unto and maintain, and chose Theophilus Eaton, Esq.; to be then- governor, with as good right as Connecticut settled their government among them­selves and continued it above twenty years without any patent.

2. That when the help of Mr. Eaton our governor and some others from Quillipiac was desired for ending of a contro­versy at Wethersfield, a town in Connecticut Colony; it being judged necessary for peace that one party should remove their [371] dwellings, upon equal satisfying terms proposed, the governor, magistrates, etc., of Connecticut 'offered for their part 568

that if the party that would remove "should find a fit place to plant in upon the river, Connecticut would grant it to them; and the governor of Quillipiac,. (now called New Haven) and the rest there joined with him and promised that if they should find a fit place for themselves by the sea-side, New Haven would grant it to them, which accordingly New Haven per­formed, and so the town of Stamford began and became a member of New Haven Colony, and so continueth unto this day. Thus in a public assembly in Connecticut was the dis­tinct right of Connecticut upon the river and of New Haven by the sea-side declared with consent of the governor, magis­trates, ministers and better sort of the people of Connecticut at that time.

3. That sundry other townships by the sea-side, and South-hold on Long Island (being settled in their inheritances by right of purchase of then: Indian proprietors,) did voluntarily join themselves to New Haven to be all under one jurisdiction, by a firm engagement to the fundamentals formerly settled in New Haven, whereupon it was called New Haven Colony. The general court being thus constituted, chose the said Theophilus Eaton, Esq.; a man of singular wisdom, godliness and experi­ence to be the governor of New Haven Colony, and they chose a competent number of magistrates and other officers for the several towns. Mr. Eaton so well managed that great trust that he was chosen governor every year while he lived. All this time Connecticut never questioned what was done at New Haven, nor pretended any right to it, or to any of the towns belonging to this colony, nor objected against our being a distinct colony.

4. That when the Dutch claimed a right to New Haven and all along the coast by the sea side, it being reported they would set up the prince of Orange's arms, the governor of New Haven to prevent that, caused the king of England's arms to be fairly cut in wood and set upon a post in the highway by the

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sea-side, to vindicate the right of the English, without consult­ing Connecticut, or seeking their concurrence therein.

5. That in the year 1643, upon weighty considerations, an union of four distinct colonies was agreed upon by all' New England (except Rhode Island) in their several general courts, and was established t>y a most solemn confederation, whereby they bound themselves mutually to preserve unto each colony its entire jurisdiction within itself respectively, and to avoid the putting of two into one by any act of their own without consent of the commissioners from the four united colonies, which were from that time and still'are called and known by the title of the four United Colonies of New England; of these colonies New Haven was and is one. And in this solemn confederation Connecticut joined with the rest and with us.

6. That in the year 1644, the General Court for New Haven Colony, then sitting in the town of New Haven, agreed unani­mously, to send to England for a Patent, and in the year 1645, committed the procuring of it to Mr. Gregson, one of our ma­gistrates, who entered upon his voyage in January that year from New Haven, furnished with some beaver in order thereunto as we suppose, but by the providence of God, the ship and all the passengers and goods were lost at sea in their passage toward England, to our great [loss] and the frustration of that design for that time; after which the troubles in England put a stop to our proceedings therein. This was done with the consent and desire of Connecticut to concur with New Haven therein; whereby the difference of times and of men's spirits in them may be discovered, for then the magistrates of Connecticut with consent of their General Court knowing our purposes, desired to join with New Haven in procuring that patent for common privileges to both in their distinct jurisdictions, and left it to Mr Baton's wisdom to have the patent framed accordingly. But now they seek to procure a patent without the concurrence of New Haven, and contrary to our minds

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expressed before this patent was sent for, and to their own promise, and to the terms of the confederation; and without sufficient warrant from then- patent they have invaded our right, and seek to involve New Haven under Connecticut juris­diction.

7. That in the year 1646, when the commissioners first met at New Haven, Kieft, the then Dutch governor, by letters ex­postulated with the commissioners, by what warrant they met at New Haven without his consent, seeing it and all by the sea-coast belonged to his principals in Holland, and to the Lords the States General. The answer to that letter was framed by Mr. Eaton, governor of New Haven and then president of the commission, approved by all the commissioners, and sent in their names, with their consent, to the then Dutch governor, who never replied thereunto.

8. That this colony in the reign of the kte King Charles the first, received a letter from the committee of Lords and Com­mons for foreign plantations, then sitting at Westminster, which letter was delivered to our governor Mr. Eaton, for freeing the several distinct colonies of New England from molestations by the appealing of troublesome spirits unto England, whereby they declared that they had dismissed all causes depending before them from New England, and that they advised all inhabitants to submit to their respective governments there established, and to acquiesce when their causes shall be there heard and determined; as it is to be seen more largely ex­pressed in the original, which we have subscribed,

Your assured friends,

pembrook, * manchester, warwick,

W. say & seal, fr. dacre, etc, denbigh.

In this order they subscribed their names with their own hands, which we have to show, and they inscribed pr directed this letter,

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To our worthy friends, the governor and assistants of the plantations of New Haven, in New England.

Whereby you may clearly see that the right honorable the earl of Warwick and the lord viscount Say and Seal (lately one of his majesty's that now is, King Charles the second his most honorable privy council, as also the right honorable earl of Manchester still is,) had no purpose, after New Haven Colony situated by the seaside was settled to be a distinct government, that it should be put under the patent for Connecticut, whereof they had only framed a copy, before any house was erected by the sea-side from the fort to the Dutch, which yet was not signed and sealed by the last king for a patent, nor had you any patent till your agent Mr. Winthrop procured it about two years since.

9. That in the year 1650, when the commissioners for the four United Colonies of New England met at Hartford, the now Dutch governor being then and there present, Mr. Eaton, the then governor of New Haven Colony, complained of the Dutch governor's encroaching upon our colony of New Haven, by taking under his jurisdiction a township beyond Stamford, called Greenwich. All the commissioners (as well for Con­necticut as for the other colonies)' concluded that Greenwich and four miles beyond it belongs to New Haven jurisdiction, whereunto the Dutch governor then yielded, and restored it to New Haven Colony. Thus were our bounds westward settled by consent of all.

10. That when the honored governor of Connecticut, John Winthrop, Esq., had consented to undertake a voyage for Eng­land to procure a patent for Connecticut, in the [year] 1661, a friend warned him by letter not to have his hand in so un­righteous an act, as so far to extend the line of their patent "that the colony of New Haven should be involved within it. For answer thereunto, he was pleased to certify that friend in

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two letters which he wrote from two several places before his departure, that no such thing was intended, but rather the con­trary, and that the magistrates had agreed and expressed in the presence of some ministers, that if their line should reach us, (which they knew not, the copy being in England,) yet New Haven Colony should be at full liberty to join with them or not. This agreement, so attested, made us secure, who else could have procured a patent for ourselves, within our own known bounds, according to purchase, without doing any wrong to Connecticut in their just bounds and limits.

ii. That notwithstanding all the premises, in the year 1662, when you had received your patent under his majesty's hand and seal, contrary to your promise and solemn confederation and to common equity, at your first general assembly (which yet could not be called general without us, if we were under your patent, seeing none of us were by you called thereunto,) you agreed among yourselves to treat with New Haven Colony about union, by your commissioners chosen for that end, within two or three days after that assembly was dissolved, but before the ending of that session you made an unrighteous breach in our colony, by taking under your patent some of ours from Stamford, and from Guilford, and from Southhold, contrary to your engagements to New Haven Colony, and without our con­sent or knowledge. This being thus done, some sent from you to treat with us showed some of ours your patent, which being read, they declared to yours that New Haven Colony is not at all mentioned in your patent, and gave you some reasons why they believed that the king did not intend to put this colony under Connecticut without our desire or knowledge; and they added that you took a preposterous course in first dismembering this colony, and after that treating wifh it about union, which is as if one man purposing to treat with another about union first cut off from him an arm and a leg and an ear, then to treat with him about union. Reverend Mr. Stone also, the teacher

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of the church at Hartford, was one of the committee, who being asked what he thought of this action, answered that he would not justify it.

12. After that conference, our committee sent, by order of the General Court, by two of our magistrates and two of our elders, a writing containing sundry other reasons for our not joining with you, who also finding that you persisted in your own will and way, declared to you our own resolution to appeal to his majesty to explain his true intendment and meaning in your patent, whether it was to subject this colony under it or not; being persuaded, as we still are, that it neither was or is his royal will and pleasure to confound this colony with yours, which would destroy the so long continued, and so strongly settled distinction of the four United Colonies of New Eng­land, without our desire or knowledge.

13. That accordingly we forthwith sent our appeals to be humbly presented to his majesty by some friends in London, yet out of our dear and tender respect to Mr. Winthrop's peace and honor, some of.us advised those friends to communicate our papers first to honored 'Mr. Winthrop himself, to the end that we might find out some effectual expedient to put a good end to this uncomfortable difference between you and us; else to present our humble address to his majesty. Accordingly it was done, and Mr. Winthrop stopped the proceeding of-our appeal by undertaking to our friends that matters should be issued to our satisfaction, and in order thereunto he was pleased to write a letter to Major Mason your deputy governor, and the rest of the court of Connecticut Colony, from London, dated March 3d, 1662, in these words: -

gentlemen, - I am informed by some gentlemen-who are authorized to seek remedy here, that since you had a late patent there hath been injury done to the government of Newhaven, and in particular at Guilford and Stamford in admitting several of the inhabitants there unto freedom with you, and appointing officers, which hath caused division in the said

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towns, which may prove of dangerous consequence if not timely prevented, though I do hope the rise of it is from misunderstanding and not in design of prejudice to that colony, for whom I gave assurance to their friends that their rights and interests should not be disquieted or prejudiced by the patent But if both governments would with unanimous agreement unite in one, their friends judged it would be for advantage to both; and farther, I must let you know that testimony here doth affirm that I gave assurance before authority here, that it was not intended to meddle with any town or plantation that was settled under any other government Had it been any otherwise intended or declared, it had been injurious in taking out the patent not to have inserted a proportionable number of their names in it Now upon the whole, having had serious conference with their friends authorized by them, and with others who are friends to both, to prevent a tedious and chargeable trial and uncertain event here, I promised them to give you speedily this representation, how far you are engaged, if any injury hath been done by admitting of freemen, or appointing officers, or any other intermeddling with New Haven Colony in one kind or other with­out approbation of the governments, that it be forthwith recalled, and that for the future there will be no imposing upon them nor admitting of any members without mutual consent, but that all things be acted as lov­ing, neighbouring colonies, as before such patent granted. And unto this I judge you are obliged, I haveing engaged to their agents here that this will be by you performed, and they have thereupon forborne to give you or me any further trouble. But they do not doubt but upon future consider­ation there may be such a right understanding between both governments that a union and friendly joining may be established to the satisfaction of all, which at my arrival I shall endeavor (God willing) to promote. Not having more at present in this case, I rest,

Your humble servant john winthrop. The copy of this letter was sent to Mr. Leete unsealed, with Mr. Winthrop's consent, and was written by his own hand, and the substance of this agreement between some of our friends in London is fully attested by them in their letters to some of us. Say not that Mr. Winthrop's acting in this agreement is nothing to you, for he acted therein as your public and common agent and plenipotentiary, and therefore his acting in that capacity and relation are yours in him.

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14. That after Mr Winthrop's return, when some from you treated again with our committee about union, it was answered by our committee that we could not admit any treaty with you about this matter till we might treat as an entire colony, our members being restored to us whom you have unrighteously withheld from us, whereby also those parties have been many ways injurious to this government, and disturber^ of our peace; which is and will be a bar to any such treaty till it be removed, for till then we cannot join with you in one government without our fellowship in your sin.

15. That after this, nothing being dqne by you for our just sat­isfaction, at the last meeting of the commissioners from the four United Colonies of New England, at Boston on the -- day of September, 1663, the commissioners from New Haven Colony exhibited to the other commissioners their confederates, a com­plaint of the great injuries done to this colony by Connecticut, in the presence of your commissioners, who for answer there­unto showed what treaties they had made with New Haven, but that plea was inconsiderable through your persisting in un­righteously withholding our members from us, whereby our wounds remain unhealed, being kept open and continually bleeding. The result of the commissioner's debates about that complaint was in these words, "The commissioners of Massachusetts and Plymouth having considered the complaints exhibited by New Haven against Connecticut, for infringing their power of jurisdiction, as in the complaint is more particu­larly expressed, together with the answer 'returned thereto by Connecticut commissioners, with some other debates and con­ferences that have passed between them, do judge meet to declare, that the said Colony of New Haven being owned in the Articles of Confederation as distinct from Connecticut, and having been so owned by the colonies in this present meeting, in all their actings, may not by any act of violence have their liberty of jurisdiction infringed by any other of the United

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Colonies without breach of the Articles of Confederation, and that where any act of power hath been exerted against their authority that the same ought to be recalled, and their power reserved to them entire, until such time as in an orderly way it shall be otherwise disposed. And for particular grievances mentioned in their complaint, that they be referred to the nexf meeting at Hartford," etc.

We suppose that when they speak of disposing it otherwise in an orderly way, they mean with our free consent, there being no other orderly way by any act or power of the United Colo­nies for disposing the colony of New Haven otherwise than as it is a distinct colony, having entire jurisdiction within itself, which our confederates are bound by their solemn confedera­tion to pursue inviolate.

16. That before your general assembly in October last, 1663, our committee sent a letter unto the said assembly, whereby they did request that our members by you unjustly rent from us should be by you restored unto us, according to our former frequent desires, and according to Mr. Winthrop's letter and promise to authority in England, and according to justice and according to the conclusion of the commissioners in their last session at Boston, whereunto you returned a real negative answer contrary to all the promises, by making one Brown your constable at Stamford; who hath been sundry ways injurious to us and hath scandalously acted in the highest degree of con­tempt, not only against the authority of this jurisdiction but also of the king himself, pulling down with contumelies the declaration which was sent thither, by the Court of magistrates for this colony, in the king's name, and commanded to be set up in a public place that it might be read and obeyed by all his majesty's subjects inhabiting our town of Stamford.

17. That thereupon at a general court held at New Haven for the jurisdiction, the 22d of October, 1663, the deputies for this general court signified the mind of our freemen as not at all

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satisfied with the proposal of the committee from Connecticut, but thought there should be no more treaty with them unless they first restore us to our right state again. The matter was largely debated, and this general court considering how they of Connecticut do cast off our motion in the forementioned letter and give us no answer, but that contrary thereunto, as is reported, they have further encouraged those at Guilford and Stamford, therefore this court did then order that no treaty be made by this colony with Connecticut before such acts of power exerted upon any of our towns be revoked and recalled, according to honored Mr. Winthrop's letter engaging the same, the commissioners' advice, and our frequent desires. 18. That in this juncture of time we received two letters from England, mentioned in the following declaration pub­lished by the court of magistrates upon that occasion, in these words; Whereas;this colony hath received one letter under his majesty's royal hand and seal (manual in red wax) annexed, bearing date the 2ist of June, 1663, from his royal court at Whitehall, directed To his trusty and well beloved subjects the governors and assistants of the Massachusetts, Plymouth, New Haven and Connecticut colonies in New England; and one other letter from the lords of his majesty's most honorable privy council, from his majesty's court aforesaid, bearing date the 24th of June in the year aforesaid, superscribed, For his majesty's special service, and directed To our very loving friend John Endicott, Esquire, governor of his majesty's planta­tions in New England, and to the governor and council of the colony of the Massachusetts, with the rest of the governors of the English plantations in New England respectively, and by order of the general court at Boston recorded in the court it is particularly directed to the governor of the colony of New-Haven; in which letters his majesty hath commanded this colony many matters of weight, very much respecting his majes­ty's service and the good of this country in general, expecting

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upon displeasure the strict observance thereof, which this Court (this colony being situated by the sea-side, and so fitly accom­modated to fulfil his majesty's commands) are resolved to their utmost to obey and fulfil. But in their consultation thereabout, they find through the disloyal and seditious princi­ples and practices of some men of inconsiderable interests, some of his majesty's good subjects in this colony have been seduced to rend themselves from this colony, by which divis­ion his majesty's affairs in these parts are like to suffer, the peace of this country to be endangered, and the heathen among us scandalized, in case some speedy course be not taken for the prevention thereof, the which if we should connive at, especially at this time his majesty having so particularly di­rected his royal commands to this colony aforesaid, we might justly incur his displeasure against us. This court therefore doth in his majesty's name require all the members and inhabit­ants of this colony heartily to close with the endeavors of the governor and assistants thereof for fulfilling his majesty's com­mands in the said letter expressed, and in order thereunto to return to, their due obedience and paying their arrears of rates for defraying the necessary charges of the colony, and other dues, within six days after the publication hereof, unto such person or persons as are or shall be appointed to collect the same, in attendance to the laws and orders of this colony. All which being done this court shall forever pass by all former disobedience to this government; but if any shall presume to stand out against his majesty's pleasure so deckred as afore­said concerning this colony, at their peril be it. This Court shall not fail to call the said persons to agstrict accdunt and proceed against them as disloyal to his majesty and disturbers of the peace of this colony, according to law.

19. This declaration being grounded in general upon his majesty's commands expressed in these letters, and in special in order to the preservation of his majesty's customs in that

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case provided for by act of this present parliament, which act was sent inclosed with the letter to our governor, requiring his strict observance of the same under the penalty of displacing and a thousand pounds fine, and therefore in case any difference should arise to his majesty upon these accounts, we must be inforced to lay the cause of it at your door, because when it was sent to the several towns of this colony, and • set up in public- places to be seen and read of all, that all might obey it, it was at Stamford violently plucked down by Brown your con­stable, and with reproachful speeches rejected, though sent in his majesty's name, and by the authority of our court of magis­trates. And after it was published at Guilford, Bray Rosseter and his son hastened to Connecticut to require your aid against this government, which accordingly you too hastily performed, for on the 3Oth of December, 1663, two of your magistrates with sundry young men and your marshal came speedily to Guilford accompanying Rosseter and his son, and countenan­cing them and their party against the authority of this general Court, though you know how obnoxious they were formerly to ' this jurisdiction, for contempt of authority and seditious prac­tices, and that they have been the ringleaders of this rent, and that Bray Rosseter the father hath been long and still is a man of a turbulent, restless, factious spirit, and whose design you have cause to suspect to be to cause a war between these' two colonies, or to ruin New Haven colony; yet him you accom­panied in opposition to this colony, without sending or writing before to our governor to be informed concerning the truth in this matter. Sundry horses, as we are informed, accompanied them to Guilford, whither they came at unseasonable hour, about ten o'clock in the night these short days, when you might rationally think that all the people were gone to bed, and by shooting of sundry guns, some of yours or of their party in Guil­ford alarmed the town, which when the governor took notice of, and of the unsatisfying answer given to such as inquired the

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reason of that disturbance, he suspected, and that not without cause, that hostile attempts were intended by their company, whereupon he sent a letter to New Haven to inform the magis­trates there concerning matters at Guilford, that many were afirighted, and he desired that the magistrates of New Haven would presently come to their succor and as many troopers as could be got, alleging for a reason his apprehension of their des­perate resolutions. The governor's messengers also excited to haste, as apprehending danger and reporting to them that Bran-ford went up in arms hastening to their relief at Guilford, which the governor required with speed. Hereupon New Haven was also alarmed that night by beating the drum, etc., to warn the town militia to be ready, etc. This fear was not causeless, for what else could be gathered from the preparations of pistols, bullets, swords, etc., which they brought with them, and by the threatening speeches given out by some of them, as is attested by the depositions of some and subscriptions of others, which we have by us to show when need require; and your two magis­trates themselves, who ought to have kept the king's peace among their own party and in their own speeches, threatened our governor that if any thing was done against those men, i. e., Ros-seter and his party, Connecticut would take it as done against themselves, for they were bound to protect them; and they rose high in threatenings, yet they joined therewith their desire of another conference with New Haven, pretending their pur­pose of granting to us what we would desire, so far as they could, if we would unite with them; but still they held our members from us and upheld them in their animosities against us. Is this the way to union? and what can you grant us which we have not in our own right within ourselves without you ? Yea, it is the birthright of our posterity which we may not barter away from them by treaties with you. It is our purchased inheritance, which no wise man would part with upon a treaty to receive in lieu thereof a lease of the same, upon

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your terms who have no right thereunto. And why is our union with you by our coming under your patent urged now as neces­sary for peace ? seeing we have enjoyed peace mutually while we have been distinct colonies for about twenty years past. And why do you separate the things which God hath joined together, viz. righteousness and peace, seeing you persist in your unrighteous, dealing with us, and persuade us to peace. It is true we all came to New England with the same ends, and that we all agree in some main things, but it doth not follow from thence we ought therefore to unite with you in the same jurisdiction, for the same may be said of all the united colonies, which nevertheless are distinct colonies.

20. That upon a more diligent search of your patent, we find that New Haven colony is not included within the line of your patent, for we suppose that your bounds, according to the expression of your patent may be in a just grammatical con­struction so cleared, as that this colony, in every part of it may be mathematically demonstrated to be exempted from it.

21. That the premises being duly weighed, it will be your • wisdom and way to desist wholly and forever from endeavoring to draw us into a union under your patent by any treaty for the future, and to apply yourselves to your duty towards God, the king, and us. ist, Towards God, that you fear him, and therefore repent of your unrighteous dealing with us, and re­form what you have done amiss, by restoring our members without delay unto us again, that you may escape the wrath of God which is revealed from heaven against all unrighteous­ness and against all that dishonor his holy name, especially among the heathen, which you have done thereby. 2. Toward the king, that you honor him by looking at us as a distinct col­ony within ourselves, as you see by the premises his. majesty doth, and by restorin[g] us to our former entire state, and our members to us in obedience to his majesty who hath com­manded us, as a distinct colony, to serve him in weighty affairs,

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and wherein if you hinder us, (as you will if you still withhold our members from us, as much'as in you lyeth,) you will incut his majesty's just and high displeasure, who hath not given you in your patent the least appearance of a just ground for your laying any claim to us. 3. Towards us, your neighbors, your brethren, your confederates, by virtue whereof it is your duty to preserve unto us our colony state, power, and privileges, against all others that would oppose us therein or encroach upon us. Is Rosseter of such value with you that what this jurisdiction doth against them your colony will take it as done to themselves? But if it be said, as one of your committee is reported to express it, that you must perform your promise to them, as Joshua and elders of Israel did to the Gibeonites, do you not see the sundry disparities between that vow and yours? or do you indeed make conscience of your vow to Gibeonites, if you term them so, and without regard to your consciences break your promise and most solemn confedera­tion to Israelites ? Doubtless it will not be safe for this colony to join in one government with persons of such principles and practices; no treaty will be able to bring us to it. We believe that our righteous God, to whom we have solemnly and pub­licly commended and committed our righteous cause, will pro­tect us against all that shall any way wrong and oppress us; neither will we at all doubt the justice of his majesty, our king as well as yours, and of his most honorable council, but that upon hearing the business opened before them they will effectu­ally relieve us against your unjust encroachments, as the matter shall require. We desire peace and love between us, and that we may for the future live in love and peace together as dis­tinct neighbor colonies, as we did above twenty years together before yott received and misunderstood and so abused your patent, and in hope that our uncomfortable and afflictive exer­cises, by your encroachments upon our rights would issue therein, we have so long borne what we have suffered for peace'

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sake; now it is high time that we bring these unbrotherly con­tests, wherewith you have troubled us, to a peaceable issue. In order thereunto, we do offer you this choice, eithei to return our members unto us voluntarily, which will be your honor and a confirmation of-our mutual love, or to remove them to some other plantation within your own bounds, and free us wholly from them; for we may not bear it that such foedifragous, disor­derly persons shall continue within the towns belonging to this colony, to disturb our peace, despise our government, and dis­quiet our members, and disable us to obey the king's com­mands. . But if they stay where they now are, we shall take our time to proceed according to justice; especially with Brown, for his contempt of the declaration, and therein of the king's com­mands and of the authority of this jurisdiction, and with Bray Rosseter and his son for all then- seditious practices. Lastly for prevention of any misapprehension, we crave leave to explain our meaning in any passages in this writing, which may seem to reflect censure of unrighteous dealing with us, upon your colony or general assembly, that we mean only such as have been active instruments therein. From the committee, by order of the General Court of New Haven Colony, james bishop, Secretary^ new haven, March 9, i6ff. [In these papers is a copy of the answer of the New Haven Case

Stated, and New Haven Plea, March, i66f.

* .honored gentlemen and neighbors, - We have, according to our promise in our last to you (sent by your messengers), considered what you sent to us, and, by way of answer, we re­turn as followeth.

You are pleased to term our claims and our claiming our in­terest, an unjust pretence and encroachment upon your just and

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proper rights. To untie this knot and pretence of yours, in all the particulars of it, states the whole case you have presented in your large schedule and multiloquous pennings; therefore as methodically as we can, and curt, as the little time we have allowed and our other weighty concernments will permit, in few words we have addressed ourselves for resolution and your con­viction.

It is not a pretence, but a reality that we do and have acted upon ; we are a delegated power and act under a superior head, yours and ours, if we both know our standing, upon whose in­terest we do and must act; and our acting so shows our loyalty to our sovereign and is no way dissonant to a religious rule, and therefore our consciences' not to be charged with delinquency therein; (we forbear to gird, though we have your copy for it before us) ; and if with a single, not self-willed eye, you be pleased to peruse and weigh what we have already promised, the next particular in order is resolved; we will set to it a seal, a broad seal, which we doubt not will confirm the justice of all our actings towards yourselves, if our great forbearance prove not prejudicial to us, we being trustees in charge; and then if what we claim be just and really just, what you assume to your­selves belongs to us; what you have aspersed us withal, apply it to yourselves; if you can disprove what we have rightly affirmed, then you must countermand our allegation with as eminent a delegation and sealed with as broad a seal also, yet then it would not be so eminently evident, but doubtful and admit a trial, because the plea of priority would be ours and not yours, and you well know that is a good plea in the law.

As for your consultations with friends in England, intentions and ends propounded to yourselves, we see no more argument of force in such precedaneous discourses than in a dream of rich revenues to an awaking poor man; of the same nature it is to be one joining in the purchase of the Massachusetts patent and a patentee, because the privileges thereof extend not Beyond

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» the limits of the same, for our purchasing of one piece of -land gives us no right to our neighbor's field; and it is a difficult undertaking to maintain your Indian purchase from the right owner thereof, or to plead a better right than Connecticut who had the right of conquest, and as added to conquest a deed of gift from the great sachem Sowheag, and under both those rights possessing; and by the court of Connecticut allowing you a plantation right in that place, and then calling whom their agent that possessed the same, we may well question the founda­tion of your government, unless you can find and show a Con­necticut court record allowing the same.

And as for Stamford's being joined to New Haven govern­ment by consent of Connecticut, there is no record extant that we can find; but provided it be true as you say, they are but words of course, as the case now stands, because the conclu­sion follows not upon the premises, but rather all your many instances are but so many flourishes as blinding mists, to darken the truth as now it is.

Your high prizing of Mr. Eaton, that worthy man deceased, who' we own was wise, grave and godly, and we could also say that we have had governors not much inferior, who now with him lie in the dust, but such applauses little promote our state .concernments in this present contest; wherefore we shall pass them over as not so pertinent.

But you say from the first you maintained your Quilipiage against the claim of the Dutch, by hewing out the King's Arms' in wood, and advancing them (marble and brass are the more lasting) ; but we of Connecticut maintain our rights and claim now, by the king's arms in wax, which is a confirming seal to his royal pleasure in express words and directions for our settle­ment for ever hereafter.

You say all New England consented that New Haven should be and were a distinct government, except Rhode Island. It is likely that is a mistake, for Piscataway was then a government,

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if and Agamenticus, and several other planted places more east­ward, whose consent and approbation was never sought for as we suppose, but if it were as is said, there is no danger to yield to it or argument in it to advantage.

The main argument as follows is the combination and solemn confederation, unto which we answer.

1. The combination did not constitute a government with power and privileges, only amicable compliance and mutual helpfulness in common concernments, as bordering friends and neighbors in a distracted wilderness.

2. The casual inducement of the combination was a former exigence felt (as in the Pequot War) and for future feared, as vis unita fortior1, to deter a common enemy from future attempts in like kind, and to promote mutual welfare.

3. As a vow is disannulled by the contradiction of a superior, so where the word of a king is there is power; and we having the word of a king, with a religious loyalty we are to observe it when we may do so, without sin in doing so.

4. It is our duty (when without sin we may so do it) to obey our king in his lawful commands, when every year we take our solemn oaths exactly to attend all his and our lawful appoint­ments.

These particular arguments also answer the common tide of the four united colonies, for by the combination came in that union.

And for a title of a Colony, it is not a title of honour properly, neither doth it imply government; the basis of our government is not that empty title, but as subjects of his royal majesty by his abundant grace we are created and made a body politic and corporate with power and privileges, and the extent of our corporation ordered to be all that part of his majesty's domin­ions in New England, bounded as our charter expresseth, and entrusting us with the care of all the plantations therein and the government of all the people thereof; and because it is a duty

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incumbent on us to be faithful to our trust, we do declare and claim (not with a flourish of empty words) as under our gov­ernment, all those plantations which you possess and have formerly governed as peculiarly belonging to our corporation, requiring your subjection to our order and laws in observance to the order and appointment of our royal sovereign and yours.

Then you improve as another argument that Mr. Gregson intended to procure a patent, and was employed therein by yourselves, with the consent of Connecticut, for the procuring of power and privileges, for both are implied by your mention of a patent, though there be no enforcing argument for what you intend it in these presents, yet we must take notice of what may appear as contradiction and our advantage, for this en­deavor succeeded the combination, and therefore it was then the conclusion both of yourselves and us (as you say) that our combination was not sufficient, patent right was requisite, yet perusing the preface to the combination, we question the truth of it, it being neither upon record and that preface in plain and full words expressing that by reason of sad distrac­tions in England by which we were hindered both from seeking and reaping the comfortable fruits of protection, &c., which is the great privilege conferred by letters patents, and if then patent right was requisite, now we have obtained it and you are included within it, wherefore ready submission would better be­come you than bold insultings and charges. We pass particu­lars briefly, knowing that a word to the wise is sufficient.

You say Connecticut sought a patent without your consent, when you had formerly taken in their consent to Mr. Gregson's intention as before : we say as before we have said, we can find no record witnessing the same; but to take off your causeless offence herein, we doubt not but you well know that we paid hundreds of pounds to Mr. Fenwick and his agents for patent rights several years together, and we will now inform you we had a full promise and engagement for the sending and deliver-

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ing into our possession that patent which we had paid so dear for, the date of the grant of which patent did precede the com­bination, or your knowledge of a place called Quilipiage in New England, and this patent which now we have is but that which formerly we should have had, with some small addition and in­considerable alteration, and neither that addition or alteration reflecting upon yourselves in any measure. Our owning of you in a tacit way we doubt not but will be judged a favour in the true sense, rf such as have eyes to see and hearts to under­stand.

As for your letter from the Lords of the Council, persons whom we highly honour as yourselves do, yet we suppose it was sent in the time of the great distractions in England, when the king was separate from his parliament, but now we have re­ceived letters patent confirmed by broad seal and writ of privy seal, king, council, and parliament all consenting, and not •only owning of, but establishing us with corporation power and privileges, upon which we may act more boldly than on a pre­sumption only, and are bound to act so, and that under oath and by royal appointment.

Your affirming Connecticut had no patent but within these two years last past we have fully answered it before; a patent formally confirmed and possessed we had not till of late, though we had payed a considerable sum, and had the same firmly engaged. Had we had it before, we should have acted upon it as now we do, and probably more vigorously.

Greenwich settled by the commissioners was in the time of ignorance which doth not alienate a true proper right forever.

As for that friend's warning letters to our honored governor, &c., we know not what they were, but it is attested that your then governor desired our honored governor to include New Haven within our charter, and by a letter and improving his interest in some friends he further endeavored the same.

You affirm, if New Haven were within the patent they should

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have been warned to the first general assembly, for we could not constitute a general assembly without them; this is hardly worth an answer, but to prevent a cavil, the power and privilege was not conferred on New Haven but on Connecticut, and this evidently appears, because the favour extended is unto those that formerly had purchased, conquered, and now petitioned; and we should have acted imprudently, disorderly and justly offensive to our associates so to have done, before we had dis­covered his majesty's favour towards them in his gracious grant, and preferring others less obliged.

The next particular presented is the rent and disturbance thereby to your government and orderly constitution (as you say) by our admission of some of your members under our pro­tection. Those of your members (as you term them) clearly perceiving themselves included, and advisedly considering their duty for willing and ready observance of his majesty's pleasure and appointment, and for obedience unto our corporation power as ready subjects to both, owning us as we are truly delegated, -we could not without some danger but accept of them, con­firming security and protection, and do conclude the like ready obedience from yourselves would have been more regular and comfortable to yourselves at last; the event will discover.

Now to. give you a short answer to our honored governor's letter to Major Mason, which as yet never came to our honored Major or our hands; if it be with you, you had done well if you had sent it us.

2. As for his engagement, it was after we had received your members (as you term them), it evidently appears, the com­plaint being upon that account.

3. We had then received our letters patent, and acted ac­cording to our instructions and directions in them from his majesty; our true loyalty to his gracious appointments and our proceedings therein his majesty hath determined and warranted pleadable in law against himself and his successors, and so we stand free.

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. But in respect of the honor of our worshipful governor, as we are able we shall answer.

1. Our governor knew the extent of the patent, the desire of your then governor, as by letter and persuasion of friends ap­pears, and therefore in the order of the patent acted innocently and blamelessly, espressing his great courtesy'and tender re­spect towards you, and this bluster of yours is a very ungrateful return for all his love, favour and tenderness.

z. Yourselves could not but be well acquainted with what we expressed, before you sent into England unto our honored gov­ernor by way of •complaint, for you had received a copy of the patent by our first committee sent from Connecticut unto you.

3. You know that the absolute- power was now in the hands of the corporation of Connecticut to do according to the tenor thereof, and not in our governors power to alter the same.

4. Our honored governor receiving your complaint (and from a tender affection and favour towards yourselves) endeav­ored to do his utmost to promote your desires; and what a reward he hath for his labour of love from you, the world may judge.

5. Lastly, this cannot advantage your cause nor be an evi­dence in your plea, for he passeth no engaging promise to you therein, but as a friend persuading those whom it altogether concerns to do what possibly and fairly may be done, with the highest engaging expressions adventuring as far as may be to do you a kindness, which you should have accepted if you had known yourselves.

For the commissioners' last act in relation to those our con­cernments, their caution introduced in relation-to the Dutch, is a wary answer, saving our allegiance to his majesty and interest by patent, which you may accept of as our present answer to your allegation, for there is a stronger argument in it than yours alleged. And for your mathematical measures and discovery, it might

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do us some service in the line betwixt us and the Massachu­setts, if you have an able artist, when he is desired by them and us to attend that service; but our charter is the true astro-lobe for our south bounds.

Gentlemen, these shadows being flush and fled, in the next . place we shall make some short return to your sharp reproofs, and answer your arguments briefly.

Our return to the narrative gives you a full answer to all your arguments, yet to silence cavils full of empty adored conceits, to each argument we shall take the pains to give a short answer, only premising to prevent tautology.

1. Yourselves have proclaimed our king, owned him your sovereign and yourselves his subjects, and the places you possess part of his majesty's dominions abroad, and in your present writing declaring that you intend (if not already attempted) to improve means for obtaining a patent.

2. You well know a king in his own dominions is by all men termed pater patrice, and in Scripture record he is said to be a nursing father, and. then all his- subjects or his children bound to obey. (Eccles. viii. 2; i Pet. ii. 13, 14.)

1. Argument: That Connecticut in entertaining some inhabit­ants of Stamford, Guilford, and Southhold, they did it by a pretended power against the just right of New Haven Colony and without their knowledge or consent.

This assumption is false, both in the pretended power men­tioned, and the just right as you apply it. For, i. Our power is real, not pretended; it is formally legal, as by our letters patent doth undeniably appear, being ratified by broad seal. 2. For your just right, that appears to be your pretence and presump­tion only, and it cannot be maintained unless you can show a deed of gift sealed as ours and precedent also. And 3dly, Whereas you say what we did was without your knowledge and consent, we answer: I. Your consent was not absolutely requi­site, the places possessed by them being within our charter

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limits and the government of the people committed to our care, and they claiming it as their privilege, and ourselves clearly perceiving it to be so, could not deny them without unfaithful­ness in our trust.

Hence your prolix discourses (by way of explication of this argument) respecting the 5th and 8th commandment, reflect upon yourselves as the transgressors, withstanding your ready obedience to the order and appointment of your nursing father, and attempting to intrude, and actually disturbing of us in our just rights. As for your purchase of the Indians, it is very questionable whether you purchased of the right owners; but if you did, as yourselves say, yet you purchased but land of them and not jurisdiction power, about which is our only contest

2. Argument: Connecticut have assumed to themselves power of jurisdiction over part of our members without just right thereunto.

This assijmption is altogether false, for, i. We assumed not this power to ourselves; our letters patent are our witness, which declare that his royal majesty, of his abundant grace, certain knowledge and mere motion, hath created and made us a body politic and corporate, to exercise our government over all, yourselves not excepted, which is sufficient to discover our just right beyond exception, and to cavil against it is only to bid battle to a shadow.

As for your mathematical demonstration, we judge it not worthy to be weighed in the balance of reason, it is so unrea­sonable, i. If we exceed our line and limits it is a trespass against the king; when his attorney general appears, then we will plead our patent, for his royal majesty of his abundant grace hath made it pleadable against himself and for the best behoof of the governor and company. 2. If you had a patent and there were to be a line settled for peace between us, we should readily attend you therein, but we cannot understand that his majesty hath yet given you distinct from us a mathe­matical line.

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3. Argument: Connecticut have acted contrary to promise and confederation.

ans. - In nonage the contradiction of a superior makes void : a father disannuls the child's act, that is powerless; for the dispose or gift of government is only the gift of the nursing father within his own territories and dominions; if otherwise, it was blamable folly to be at such large expense to procure a patent, when the commissioners might have granted it for an inconsiderable sum, and it will be the like folly in your­selves, especially being minded and forewarned of it; the true question here is whether- his majesty's appointment or the commissioners' is of most force and valid.

4. Argument: Connecticut have done contrary to the general rule of love and righteousness.

ans. - i. In every argument we find the question begged. 2.'Hence the assumption is false. But 3dly, to apologize for our love and righteousness : i. For love: by your then chief in government our governor was solicited to include New Haven within our patent, both by speech and letter, and friends in England were improved by some of you to persuade to and promote the same, and according to your desires attended the best expedient to express sincerity of love, your case and -condition at that time duly considered; and since by our many loving insinuations, solicitings, and loving treaties, both for your own good and ours, and large offers of immunities and liberties as great as our own, and as far as we could possibly extend our charter; what could we have done more. 2. For righteousness: the extremity of justice we have not used, but the moderation of justice; we might have immediately declared you under our government, required your subjection, upon refusal severely censured, and have justified what we had done; yet we have used much patience, forbearance, waiting, and expense of much time and charges, if possibly we might have gained you without much extremity, and we doubt not but

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understanding judges will interpret it an extreme condescend-ency and chargeable labor of love; besides for righteousness, you were included in our former patent grant, which was before your being or your plantation, and at chargeable purchase to ourselves, and this our patent expresses it a valuable considera­tion of our present confirmation. And now having so fully expressed ourselves and informed yourselves, we can appeal to all the Christian world for judges.

5. Argument: If the general assembly upon the receipt of your patent agreed to treat with New Haven about union, and in the interim accept of some of your members without your consent, they dealt unrighteously, but so Connecticut did.

ans. - This argument looks like a chaos, there is so much jumble in it; it is hypothetical with a sequel in the first propo­sition, which is to be denied as a nan sequitur, for both may be without any unrighteousness, for it is the king that hath united you and us; to have refused the ready submission of any, had become unrighteousness towards the persons tender­ing that obedience, and a negligent retarding of the king's appointment; the vote for a treaty for union only respected the modus, for a more placid entertainment of what in duty and loyalty was to be attended. If authority entertains one that voluntarily offers himself, persuades another, commands a third, he sins in neither, nor though he had determined to treat with them together before that; and truly the greatest danger of dismembering, and loosing an ear, is in refusing submission to his majesty's lawful appointment.

' Argument 6th: Connecticut pleads a power over New Ha­ven by virtue of a patent, and it gives them no such power, whereby they abuse that patent and deal unrighteously.

ans. -This answered before, and it is too favorable to say it is like two sentences in one sense, rather six sentences and no sense; like men spoken of in the prophet, that have eyes and see not, hearts and understand not. APPENDIX VII. 595 To the remaining arguments we say, and sufficient is said to maintain it: 1. That our entertainment of those members was righteous, our promise of protection lawful; therefore that we may avoid unrighteousness, and it perform we must. 2. Their submission was righteous and commendable: we dare not call good evil. 3. Then if Joshua took himself bound to keep promise with the Gibeonites who acted wilily, and were of that people which were appointed to destruction, much more must we, when people of our own language, nation, profession, and friends, are appointed and ordered under our care and protec­tion, keep our promise with them, allowing them an interest in all our privileges which are common to them as well as ourselves.]