CHAPTER XVIII.

THE STUARTS AND THE REGICIDES.

THE tidings which came to Boston on the 27th of July, 1660, were riot entirely unexpected. A new parliament had been summoned to meet in April; and the result of the elections had shown that it was to consist chiefly of persons friendly to a government by king, lords, and commons. So much as this must have been already known in New England by earlier ships than that of Mr. Pierce. His arrival was anx­iously expected. Mr. Davenport writes to Winthrop just one week before Pierce cast anchor at Boston, " Sir, I humbly thank you for the intelligences I received in your letters, and for the two weekly intelligences which Brother Miles brought me, I think from your­self, and which I return enclosed, by this bearer, with many thanks. I did hope that we might have received our letters by Capt. Pierce before this time. But we have no news lately from the Bay. Brother Rutherford and Brother Alsop are both there, so also is our teacher Mr. Street. The two former, I hope, will return next week. Then, probably, we shall have some, further •news. The Lord fit us to receive it as we ought, what­ever it may be."

The restoration of the Stuarts was not received in

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New England joyfully. The change from a kingdom to a commonwealth twenty -years before had injured New England in its material, interests by checking the emigration which was pouring into it population and wealth. But this disadvantage had been outweighed, in the judgment of the Puritan colonists, by the eleva­tion of men in sympathy with themselves to supreme power arid authority in what they called the State of England. They were more earnest to secure " the ends for which, they had come hither" than to obtain a larger price for their corn and cattle, and they were confident that these ends would not be frustrated by any action of the home government so long as Puritans were in power in England. But what effect upon the colonies the restoration of the Stuarts might produce, it was impossible to foresee.

When the time arrived for the next election in New Haven jurisdiction, it was difficult to find suitable per­sons willing to accept office. John Wakeman and William Gibbard were nominated for the magistracy in the plantation court of New Haven, notwithstanding their protest; Mr. Wakeman, who had had some thought of removing to Hartford, saying, when ques­tioned if he intended to stay at New Haven, that " he was not resolved whether to go or stay, but rather than he would accept of the place, he would remove." In the court of elections for the jurisdiction they were both ejected magistrates, "but neither of them took the path." Mr. Benjamin Fenn of Milford being elected magistrate, took the oath " with this explanation before the oath was administered, that he would take the oath to act in his place, according to the laws of this juris-

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diction ; but in case any business from without should present, he conceived he should give no offence if he did not attend to it, who desired that it might be so understood." Mr. William Leete was chosen governor, Mr. Matthew Gilbert deputy-governor, and Mr. Robert Treat and Mr. Jasper Crane, magistrates. It does not appear that any of these four hesitated to take the oath proper to their place.

By the terms of his restoration, Charles II. had left to Parliament to determine who should be excepted from an act of general amnesty. The act, when passed, . excepted all who had been directly concerned in the death of the former king. But because Whalley and Goffe had left England before they had been marked for punishment, the people of Massachusetts felt no embarrassment in receiving and entertaining them. Major Daniel Gookin, one of their fellow-passengers in the Prudent Mary, offered them the hospitality of his house in Cambridge; and in Cambridge they re­mained till the following February, often visiting Bos­ton and other towns in the neighborhood. They came, it is said, under the assumed names of Edward Rich­ardson and William Stephenson; but their secret, not­withstanding this disguise, was known to many; so that when intelligence came that they had been ex­cepted in the act of amnesty, some of the magistrates were alarmed, and the more because it was known that they had been seen and recognized by Capt. Thomas Breedon, a royalist who had since sailed for England.. The governor therefore convened his council to consider and determine whether the proscribed regicides should be apprehended. The council considered, but came to

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. no determination. Four days afterward Whalley and Goffe relieved their friends in Massachusetts by depart­ing for New Haven.

Only a fortnight after their arrival at Boston, Mr. Davenport had mentioned them in a letter to the younger Winthrop, and declared his purpose of inviting them to his house after the meeting of the commis­sioners in September, alleging, as a reason for delay, his desire to keep the guest-chamber ready for an expected visit from Mr. and Mrs. Winthrop during the meeting of the commissioners. His interest in them at that time seems to have been that of a person in sympathy with them in politics and religion, who had heard a good report of their quality and godliness, but was unacquainted with their personal history and connec­tions. On a little piece of paper watered to the side of the letter, he adds this postscript: " Sir, I mistook, in my letter, when I said Col. Whalley was one of the gentlemen, &c. It is Commissary-Gen. Whalley, sis­ter Hooke's brother, and his son-in-law who is with him is Col. Goffe; both godly men, and escaped pur­suit in England narrowly." He had doubtless received this information from Mr. William Jones and his wife,1

1 William Jones, having married as his second wife Hannah, youngest . nr daughter of Theophilus_Eaton. July 4, 1659, came in the following year from London to New Haven, where, on the 23d of May, 1662, he took the oath of fidelity with the following qualification: " That whereas the king hath been proclaimed in this colony to be our sovereign, and we his loyal subjects, I do take the said oath with subordination to his majesty, hoping his majesty will confirm the said government for the advancement of Christ's gospel, kingdom, and ends, in this colony, upon the founda­tions already laid; but in case of the alteration of the government in the fundamentals thereof, then to be free from the said oath." The same day he was admitted a freeman; and five days afterward, at a court of election for the jurisdiction, he was chosen a magistrate.

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who, having crossed the Atlantic in the ship with these distinguished strangers, had come to New Haven to occupy the mansion which Mrs. Jones, the daughter of Gov. Eaton, had inherited from her father. The identification of Whalley as Mrs. Hooke's brother must in time have recalled to memory many things he had learned from his colleague in reference to Goffe, who was the husband of Mrs. Hooke's niece. If he had not already heard that the latter, when a major-general in the army, with his headquarters at Winchester, had resided in the family of Mr. Whitfield, formerly pastor of the church in Guilford, he may have learned it from the same persons who had assisted him to identify the brother-in-law of his former colleague.

The greater ease of escaping from New Haven into New Netherlands, may have influenced Whalley and Goffe to go thither rather than remain in Hartford, where they tarried awhile, and were hospitably enter­tained by Gov. Winthrop. But the presence at New Haven of persons intimately acquainted with the friends in England on whom they were dependent for remit­tances of money, may also have had some weight in their minds in determining where to hide themselves.

A journey of nine days from Cambridge brought them by way of Hartford and Guilford to New Haven, March 7, 1661, where they appeared openly as Mr. Davenport's guests. But intelligence having reached Boston, while they were on their journey, that a royal proclamation for their arrest had been issued in Janu­ary, on information supplied by Capt. Breedon, it soon followed them to New Haven, and rendered it unsafe for them to be seen in public. Accordingly, on the

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27th of March, they went to Milford, as if on a journey to New Netherlands; but in the night they returned to Mr. Davenport's, where they remained in conceal­ment till the 30th of April.

Further reports of their residence at Cambridge hav­ing reached England, another royal order for their arrest was issued in March, and reached Boston on the 28th of April. It was blunderingly addressed, " To our trusty and well-beloved, the present Governor or other magistrate or magistrates of our plantation of New England." The governor of Massachusetts, having delayed till sufficient time had elapsed for the news to be forwarded to New Haven, gave two young men, recently come from England, Thomas Kellond, mer­chant, and Thomas Kirk, shipmaster, a commission to prosecute the search in Massachusetts, with letters of commendation from himself to the governors of Plym­outh, Connecticut, New Haven, and New Nether­lands. On Tuesday, May 7, about six p.m., Kellond and Kirk, with John Chapin as guide, left Boston. On Friday they had an interview with Gov. Winthrop at Hartford. They say in their report, "The honorable governor carried himself very nobly to us, and was very diligent to supply us with all manner of conven­iences for the prosecution of them, and promised all diligent search should be made after them in that jurisdiction, which was afterward performed." Learn­ing from Winthrop that the "colonels," as Whalley and Goffe "were called, had gone from Hartford toward New Haven, the pursuivants rode on Saturday to Guil-ford, where resided Deputy-Gov. Leete, chief magis­trate of New Haven colony since the death of Gov. Newman.

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Leete received them in the presence of several other persons. Looking over their papers, "he began to read them audibly; whereupon we told him (says their report) it was convenient to be more private in such concernments as that was." Retiring with them to another room, and thus giving opportunity for the rest of the company to disperse, Leete assured them that he had not seen the colonels for nine weeks; that is, since the time when they passed through Guilford on the way from Hartford to New Haven. The pursui­vants replied that they had information that the per­sons they were in pursuit of had been in New Haven since then, and desired him to furnish them with horses for their further journey. The horses were " prepared with some delays." Coming out frorn the governor's house, they were told on their way to the inn by one Dennis Scranton (Crampton ?) that the colonels were secreted at Mr. Davenport's, "and that, without all question, Deputy Leete knew as much." Other per­sons reported that they had very lately been seen between the houses of Mr. Davenport and Mr. Jones.

Confirmed by these tidings in the belief that they were upon the track of the fugitives, the pursuivants returned to Leete, and demanded military aid and " a power to search and apprehend." But he " said he could do nothing until he had spoken with one Mr. Gilbert and the rest of his magistrates." He offered, however, to give them a letter to Mr. Gilbert. By the time the governor had made ready his letter, the sun was too far on its way toward the western horizon to justify any expectation that they could conclude a conference with magistrate Gilbert before the going

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down of the sun should put an end to all secular trans­actions. They seem to have come to the conclusion, that, in the circumstances, it was better to stay in Guilford than to go on to New Haven, and, by their presence there on the sabbath, notify the friends of the regicides that search would be made for them on the morrow. But their presence in Guilford was already known in New Haven, for some one who heard the governor read their commission had occasion soon after to send an Indian runner on an errand to New Haven.

At daybreak on Monday they left Guilford for New Haven, bearing the letter of Gov. Leete, advising Mr. Gilbert to call the town court together, and, by their advice and concurrence, to cause a search to be made. But, early as they started, a messenger had been sent before them to warn Gilbert that they were coming. "To our certain knowledge (they say) one John Meigs was sent a horseback before us, and by his speedy and unexpected going so early before day, was to give them an information; and the rather because by the delays which were used it was break of day before we got to horse; so he got there before, us." Leete arrived, the pursuivants say in their report, " within two hours or thereabouts after us, and came to us to the court-chamber, where we again acquainted him with the information we had received, and that we had cause to believe they were concealed in New Haven, and there­upon we required his assistance and aid for their appre­hension ; to which he answered, that he did not believe they were. Whereupon we desired him to empower us, or order others for it; to which he gave us this an­swer, that he could not, nor would not, make us magis­trates."

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Magistrate Crane, of Branford, had arrived in com­pany with Leete. Gilbert, who was not at home when the pursuivants inquired for him, having at last made his appearance, and Mr. Fenn having been summoned from Milford, - perhaps by Mr. Gilbert in person, - the magistrates and the deputies for New Haven held a consultation which lasted five or six hours. The issue of it, as communicated to Kellond and Kirk, was that " they would not nor could not do any thing until they had called a general court of the freemen." The pursuivants protested against the delay, and threatened the magistrates and the colony with the resentment of his Majesty. The reply was "we honor his Majesty, but we have tender consciences." The magistrates then held a second consultation of two or three hours; after which, being further pressed " to their duty and loyalty to his Majesty, and whether they would own his Majesty or no, it was answered, they would first know whether his Majesty would own them."

New Haven was a government formed by the people without any charter or .commission of any kind from England; and its magistrates feared that by acting under a mandate directed to the Governor of New England they might be acknowledging a governor-general, and thus betray the trust committed to them under oath by the freemen of the colony. They would do nothing, therefore, without a general court.

Evening coming on before the magistrates made their last reply to the pursuivants, it was too late to send forth on that day a warrant for convening the court. On Tuesday it was sent to the several planta­tions, and the court was held on Friday. The pursui-

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vants, however, could not wait so long for a meeting which promised so little. Offering "great rewards to English and Indians who should give information that they might be taken," they departed on Tuesday for New Amsterdam, not without hope of finding, and, with the help of the Dutch governor, apprehending the fugitives. From New Amsterdam they returned by sea to Boston, where, on the 3Oth of May, they made oath to the truth of the written report which they delivered to Gov. Endicott. . On the Saturday when Kellond and Kirk were in Guilford, Whalley and Goffe, leaving the house of Mr. Jones, in which they had been secreted since the 3Oth of April, went to the mill* two miles north of the town, where they remained till Monday. We can easily con­jecture that they did not make themselves visible at the mill till the last customer had departed, and that they went away on Monday morning before the earli­est grist was brought. Beyond the mill all was an un- 1 Dr. Bacon places the mill to which the regicides went for conceal­ment till the sabbath was past, at Westville; but I do not find on the records evidence that there was at that time any ether mill than that on Mill River. This mill having become rotten, and new mill-stones being required for it, an unsuccessful attempt had been made not long before to bring the water from the Beaver Pond in a trench, so that an overshot mill might be set up in the town. On the first day of December, 1662, there was a general court, at which nothing was said about the mill, and on the third day of the same month a special meeting was held and " the occasion of coming together" was "the sad providence of God that was fallen out i» the burning of the mill." Doubtless it was burned after the meeting, two days before. It was regarded as a calamity, not only because of the loss of property, but because of the inconvenience of going to Milford for meal. The mill was soon after rebuilt in the same place. The mill-house, which was consumed by fire in 1662, was doubtless the same which in 1661 sheltered the regicides. THE STUARTS AND THE REGICIDES. 429 broken wilderness; so that if the pursuivants had come to New Haven on Saturday, furnished with a search-warrant, the fugitives might, at any moment, by retir­ing a few miles into the forest, have become secure. Probably this was their design after Mr. Jones had learned from the Indian runner what was going on in Guilford; but as their enemies did not leave Guilford till Monday, they deemed it safe to sleep under a roof.

No more appropriate time could be suggested for the allusion which Mr. Davenport is believed to have made to the regicides in the pulpit, than the sabbath intervening between the two nights they spent at the mill. In a series of sermons substantially reproduced afterward in a book entitled "The Saint's Anchor-Hold," he inculcated among other duties that of sym­pathizing with and helping those who, for Christ's sake, are in trouble. "Withhold not countenance, entertainment, and protection, from such, if they come to us from other countries, as from France,

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or England, or any other place. Be not forgetful to entertain strangers, for thereby some have entertained angels unawares. Remember them that are in bonds, as bound with them, and them who suffer adversity, as being yourselves also in the body. The Lord required this of Moab, saying, 'Make thy shadow as the night in the midst of the noonday;' - that is, provide safe and comfortable shelter and refreshment for my people in the heat of persecution and opposition raised against them: -•' hide the out­casts, bewray not him that wandereth: let mine outcasts dwell with thee, Moab; be thou a covert to them from the face of the spoiler.' Is it objected, But so I may expose myself to be spoiled or troubled ? He therefore, to remove this objection, addeth,' For the danger is at an end, the spoiler ceaseth; the treaders down are consumed out of the land.' While we are attending to our duty in owning and harboring Christ's witnesses, God will be pro­viding for their and our safety, by destroying those that would destroy his people."*

On Monday, May 13, Whalley and Goffe were con­ducted Vy Mr. Jones and two other friends some three miles into the wilderness beyond the mill, where, a booth having been constructed, the colonels spent two nights. Having found a hatchet at the moment when one was needed for constructing, the booth, they called the place Hatchet Harbor. On Wednesday, Kellond and Kirk being now far on their way to New Amsterdam, it was safe for Whalley and Goffe to come nearer to the habitations of men, and they were on that day con­ducted to West Rock, or Providence Hill, as they named it, by Richard Sperry, one of the three friends

1 But as a copy of the book was presented by Davenport to Sir Thomas Temple In August, 1661, it would seem that'the discourse from which the above is extracted must have been preached at an earlier date. The time intervening between May and August would hardly suffice for sending the manuscript to England, and receiving in return the printed copies.

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who had guided them to Hatchet Harbor. Here were several huge fragments of trap rock, placed so as, with the aid of hemlock boughs, to shield the space amidst them from the wind, and some of them projecting overhead so as to afford shelter from rain. This clus­ter of rocks, which has ever since been called the Judges' Cave, was the refuge of these hunted regicides from May 15 to June n. They were supplied with food from day to day by the faithful Sperry, whose house at the foot of the hill, though much nearer than any other, was nearly a mile distant. It is not unrea­sonable to conjecture that they went down in the even­ing to Sperry's« house to sleep, and returned early in the morning to the cave, though tradition allows only that they sometimes came to the house in stormy weather. Probably not more than three or four per­sons knew that they were in Sperry's neighborhood; perhaps of the few who knew that he supplied their wants and guarded the approach to their privacy, none but himself had ever seen the Judges' Cave.

On Friday, two days after Whalley and Goffe had removed from Hatchet Harbor to West Rock, -

" At a meeting of the General Court for the jurisdiction, May 17, 1661, the deputy-governor declared to the Court the cause of the meeting; viz., that he had received a copy of a letter from his Majesty, with another letter from the governor of the Massachu­setts, for the apprehending of Col. Whalley and Col. Goffe; which letters he showed to the Court, and acquainted them that forth­with upon the receipt of them he granted his letter to the magis­trate of New Haven, by advice and concurrence of the deputies there to make present and diligent search throughout their town for the said persons accordingly; which letter the messengers carried, but found not the magistrate at home and that he him-

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self followed after the messengers, and came into New Haven soon after them, the I3th of May, 1661, bringing with him Mr. Crane, magistrate at Branford; who, when they were come, sent pres­ently for the magistrates of New Haven and Milford, and the deputies of New Haven Court. The magistrates thus sent for not being yet come, they advised with the deputies about the matter, and, after a short debate with the deputies, were writing a warrant for search for the aforesaid colonels; but the magis­trates before spoken of being come, upon further consideration (the matter being weighty) it was resolved to call the General Court for the effectual carrying on of the work. The deputy-governor further informed the Court that himself and the magis­trates told the messengers that they were far from hindering the search, and they were sorry that it so fell out, and were resolved to pursue the matter as that an answer should be prepared against their return from the Dutch.

" The Court being met, when they heard the matter declared, and had heard his Majesty's letter and the letter from the gov­ernor of the Massachusetts, they all declared they did not know that they were in the colony, or had been for divers weeks past, .and both magistrates and deputies wished a search had been sooner made; and did now order that the magistrates take care and send forth warrant that a speedy, diligent search be made throughout the jurisdiction, in pursuance of his Majesty's com­mand, according to the letters received, and that from the several plantations a return be made, that it may be recorded.1

1 The following is a copy of one of the warrants, and of the return made by the searchers: - " May 17, 1661.

For the Marshal or Deputies at Milford.

You are to make diligent search, by the first, throughout the whole town of Milford and the precincts thereof, taking with you two or three sufficient persons, and calling in any other help you shall see need of, who are hereby required to attend for your assistance upon call; and this to be in all dwelling houses, barns or qther buildings whatsoever and vessels in the harbor, for the finding and apprehending of Colonel Whalley and Colonel Goffe, who stand charged with crimes as by bis Majesty's letter appears; and being found, you are to bring them to the Deputy Governor,

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" And whereas there have been rumors of their late being here at New Haven, it hath been inquired into and several persons examined, but could find no truth in those reports, and for any thing yet doth appear, they are but unjust suspicions and ground­less reports against the place, to raise ill surmises and reproaches."

Learning that Mr. Davenport was suspected of con­cealing them, Whalley and Goffe left West Rock on the nth of June, and showed themselves publicly, that he might be relieved from suspicion. It is not known at the present day where they spent the time between the I ith and the 22d of the month. Mr. Davenport, in a letter to Sir Thomas Temple, says that they came on the 22d of June "from another colony where they were, arid had been some time, to New Haven."'

or some other magistrate, to be sent over for England, according to his Majesty's order. Hereof fail not at peril. By order of the General Court, As attest, william 'leete, Deputy Governor. jasper crane, matthew gilbert, robert treat.

In the marshal's absence, I do appoint and empower you, Thomas Sanford, Nicholas Camp, and James Tapping to the above named pow­ers, according to the tenor of-the warrant; and to make a return thereof under your hands to me by the first.

robert treat. We, the said persons, appointed to serve and search by virtue of this our warrant, do hereby declare and testify that to our best light we have the zoth of May, 1661, made diligent search according to the tenor of this warrant, as witness our hands.

thomas sanford, nicholas camp, james tapping' Searcher,." lawrence ward, his I mark 1 It has been said that " Mr. Davenport's statement looks like a pre­varication." Doubtless it was, as every thing which the New Haven

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Perhaps they made a visit to Connecticut, and allowed themselves to be seen there in order to divert attention from New Haven. On Saturday, June 22, they came to New Haven, and remained till Monday, causing Mr. Gilbert, who, since the election on the 2Qth of May, had been deputy-governor, to be informed that they were ready to surrender, if necessary, and choosing to do so rather than bring ruin upon their friends. But on Sunday some persons came to them advising not to surrender; and so on Monday they disappeared while the magistrates were consulting together, and taking measures for their arrest. "Thereupon a diligent search was renewed, and many were sent forth on foot and horseback to recover them into their hands." From a letter of Edward Rawson, secretary of the colony of Massachusetts to Gov. Le'ete, it may be in­ferred that these pursuers went to Branford. But it the regicides were seen going in that direction, as il they would return to Connecticut, it was only to mis­lead, for the same night they were lodged in their former retreat at West Rock.1 "They continued there

people said about the two regicides was, a prevarication, but there is no reason to doubt that the statement was literally true. Mr. Davenport was a subtile causuist, but was not reckless of the truth. The tradition that they were concealed in the Allerton house, I cannot account for quite so satisfactorily. Stiles relates that their friend, Mrs. Eyers, hearing that the pursuers were coming, sent the colonels out of the house with directions to return immediately. They returning, she

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(says Hutchinson, who had access to a diary of Goffe, not now extant), sometimes venturing to a house near the cave, until the ipth of August, when the search for them being pretty well over, they ventured to the ,^ house of one Tomkins, near Milford, where they re- r> mained two years without so much as going into the orchard. After that they took a little more liberty, and made themselves known to several persons in whom they could confide; and each of them frequently prayed, and also exercised, as they term it, or preached at private meetings in their chamber."

The regicides lying concealed at West Rock, Gov. Leete received on the 3Oth of July a letter written by order of the council of Massachusetts informing that they had heard from the agent of their colony in London that many complaints were made against New England in general, and that though the address to his

concealed them in a closet, and promptly replied, when the pursuers asked for the colonels, that they had been there, but had recently gone away. Mrs. Eyers, granddaughter of the Isaac Allerton who came in the May­flower, was born Sept. 27, 1653, and therefore was in June, 1661, less than eight years of age. If, therefore, Whalley and Goffe were concealed in the house where she lived, they were concealed by the contrivance of her step-grandmother, the widow Allerton, rather than of the person who afterward became the owner of the Allerton mansion, and the wife of Simon Eyers. The tradition may have been handed down by her, but she could not have been the principal actor. Perhaps the colonels were entertained in this house from Saturday, June 22, to Monday, June 24, and went from Mrs. Allerton's toward Neck Bridge after they learned that the magistrates had issued a warrant for their arrest. This would account for another tradition; viz., that Marshal Kimberley attempted to arrest them between the town and Neck Bridge, but found them so skilled in the art of self-defence that he was obliged to go back for assistance. For further information in regard to Mrs. Eyers and the Allertons, see Dr. Bacon's letter to Hon. John Davis, in Mass. Hist. Coll. XXVII. 243.

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Majesty which Massachusetts had made, came season­ably and had a gracious answer, yet the commissioners for the Plantations had taken notice that the other colonies had neglected thus to recognize the king. The secretary adds, -

" Further I am required to signify to you as from them that the non-attendance with diligence to execute the king's majesty's war­rant for the apprehending of Colonels Whalley and Goffe will much hazard the present state of these colonies, and your own particularly, if not some of your persons, which is not a little afflictive to them; and that in their understanding there remains no way to expiate the offence and preserve yourselves from the danger and hazard but by apprehending the said persons, who, as we are informed, are yet remaining in the colony, and not above a fortnight since were seen there, all which will be against you. Sir, your own welfare, the welfare of your neighbors, bespeak your unwearied pains to free yourself and neighbors. I shall not add, having so lately, by a few lines from our governor and myself looking much this way, communicated our sense and thoughts of your and our troubles, and have as yet received no return, but com­mend you to God and his rich grace for your guidance and direc­tion in a matter of such moment, as his Majesty may receive full and just satisfaction, the mouths of all opposers stopped, and the profession of the truth that is in you and us may not in the least suffer by your actings is the prayer of

Sir, your loving friend,

Edward Rawson, Secretary. In the name and by order of the Council."

The above was written on the 4th of July, 1661, but remained in the hand of the writer till the 15th of the same month, when he added, -

" Sir, since what I wrote, news and certain intelligence is come hither of the two colonels being at New Haven from Saturday to Monday, and publicly known; and, however, it is given out that

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they came to surrender themselves, and pretended by Mr. Gilbert that he looked when they would have come in and delivered up themselves, never setting a guard about the house nor endeavoring to secure them, but, when it was too late, to send to Totoket, &c. Sir, how this will be taken is not difficult to imagine. To be sure, not well; nay, will not all men condemn you as wanting to your­selves, and that you have something to rely on, that you hope, at least, will answer your ends ? I am not willing to meddle with your hopes, but if it be a duty to obey such lawful warrants, as I believe it is, the neglect thereof will prove uncomfortable. Pardon me, sir; it is my desire you may regain your peace (and if you please to give me notice when you will send the two colonels); though Mr. Woodgreen is bound hence within a month, yet if you shall give me assurance of their coming, I shall not only endeavor, but do hereby engage, to cause his stay a fortnight, nay, three weeks, rather than they should not be sent."

At a general court held at New Haven for the juris­diction, Aug. 1, 1661: - "the governor informed the Court of the occasion of calling,them together at this time, and among the rest the main thing insisted on was to consider what application to make to the king in the case we now stood, being like to be rendered worse to the king than the other colonies, they seeing it an incumbent duty so to do. The governor informed also the Court that he had received a letter from the Council in the Bay, which was read, wherein was inti­mated of sundry complaints in England made against New England, and that the committee in England took notice of the neglect of the other colonies in their non-application to the king.

" Now the Court, taking the matter into serious con­sideration, after much debate and advice concluded that this writing should be sent to the Council in the Bay, the copy whereof is as followeth:" -

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"honored gentlemen, - Yours dated the 4th of July (61), with a postscript of the 15th, we received July 30, which was com­municated to our general court Aug. I, who considered what you please to relate of those complaints made against New England, and of what spirit they are represented to be of, upon occasion, of that false report against Capt. Leveret, whom we believe to have more wisdom and honesty than so to report, and we are assured that New England is not of that spirit. And as for the other colo­nies' neglect in non-application with yourselves to his Majesty last year, it hath not been forborne upon any such account, as we for our parts profess, and believe for our neighbors, but only in such new and unaccustomed matters we were in the dark to hit it in way of agreement as to a form satisfactory that might be acceptable; but since that of your colony hath come to our view, it is much to our content, and we solemnly profess from our hearts to own and say the same to his Majesty, and do engage to him full subjection and allegiance with yourselves accordingly, with profession of the same ends in coming with like permission and combining with yourselves and the other neighbor colonies, as by the preface of our articles may appear; upon which grounds we both supplicate and hope to find a like protection, privilege, immunities, and favors, from his royal Majesty. And as for that you note of our not so diligent attendance to his Majesty's warrant, we have given you an account of before, that it was not done out of any mind to slight or disown his Majesty's authority in the least, nor out of favor to the colonels; nor did it hinder the effect of their apprehending, they being gone before the warrant came into our colony, as is since fully proved; but only there was a gainsaying of the gentlemen's earnestness, who retarded their own business to wait upon purs without commission; and also out of scruple of conscience and fear of unfaithfulness to our people (who committed all our authority to us under oath) by owning a general governor, unto whom the war-rant«was directed, as such implicitly, and that upon misinformation to his Majesty given, though other magistrates were mentioned, yet (as some thought) it was in or under him, which oversight (if so it shall be apprehended) we hope, upon our humble acknowledg­ment, his Majesty will pardon, as also that other and greater bewailed remissness in one, in not securing them till we came and

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knew their place, out of over-much belief of their pretended reality to resign up themselves, according to their promise, to save the country harmless, which failing is so much the more lamented, by how much more we had used all diligence to press for such a delivery upon some of those that had showed them former kind­ness, as had been done other where, when as none of the magis­trates could otherwise do any thing in it, they being altogether ignorant where they were or how to come at them, nor truly do they now, nor can we believe that they are hid anywhere in this colony, since that departure or defeatment. But however the con­sequence prove, we must wholly rely on the mercy of God and the king, with promise to do our endeavor to regain them if opportu­nity serve. Wherefore in this our great distress we earnestly desire your aid to present us to his Majesty in our cordial owning and complying with your address, as if it had been done and said by our very selves, who had begun to draw up something that way, but were disheartened through sense of feebleness, and incapacity to procure a meet agent to present it in our disadvantaged state, by these providences occurring; hoping you will favor us in this latter and better pleasing manner of doing, which we shall take thankfully from you, and be willing to join in the proportionate share of charge for a common agent to solicit New England affairs in England, which we think necessary to procure the benefit of all acts of indemnity, grace, .or favor, on all our behalfs, as well as in other respects to prevent the mischiefs of such as malign and seek to misinform against us, of which sort there be many to complot nowadays with great sedulity. If you shall desert us in this affliction to present us as before, by the transcript of this our letter or otherwise, together with the petition and acknowledgment herewithal sent, we shall yet look up to our God, that deliverance may arise another way."

This letter manifests a fear of evil results to the colony and to the magistrates from their neglect to apprehend the regicides. It was doubtless drawn up by Gov. Leete, who by this time was so much in fear for himself and for the colony that the fugitives would

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not have been safe if he had known where to put his hand on them. The freemen allowed this letter to be sent as the sense of the colony; and perhaps a ma­jority sympathized with Leete in the feeling that the safety of the colony required their extradition if found, and agreed with him in the belief that they were not at that time within its territory; but a few were more courageous, and, quietly allowing the letter to be sent as the official declaration of the colony, kept to them­selves their knowledge that Whalley and Goffe were still within the jurisdiction. Of this number were Gil­bert and Davenport, though even they were probably not aware that the fugitives were so near that they could see the turret of the building in which the court was held, and hear the rattle of the drum which con­vened it.

The difference of opinion on this subject which now obtained among the leading men seems to have occa­sioned some sharpness of feeling. Mr. Hooke, Whal-ley's .brother-in-law, and formerly teacher of the church at New Haven, writes from England about ten weeks after this general court, to Mr. Davenport, " I under­stand by your letter what you have lately met with from Mr. Leete, &c.," and proceeds to explain that a certain letter from a friend in England to Mr. Street was not designed to caution New Haven people against befriending the regicides, but only against doing it openly. " The man was in the country when he wrote it, who* sent it up to the city to be sent by what hand he knew not, nor yet knoweth who carried it; and such were the times that he durst not express matters as he would, but he foresaw what fell out among you, and was

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willing you should be secured as well as his other friends, and therefore he wrote that they might not be found among you, but provided for by you in some secret places. ... I hope yet all will be well; though now I hear (as I am writing) of another order to be sent over, yet still I believe God will suffer no man to touch you. I am almost amazed sometimes To see what cross capers some of you do make. I should break my shins should I do the like." Gov. Leete had apparently understood the cautionary letter to Mr. Street as advising an entire withholding of entertain­ment from the regicides, and had changed his position by a cross caper, such as Mr. Hooke thought himself incapable of executing.

Another intimation that Mr. Leete had become more penitent than others approved, is contained in a letter to Mr. Gilbert from Robert Newman, formerly ruling elder in the church at New Haven, but now resident in England. He writes, " I am sorry to see that you should be so much surprised with fears of what men can or may do unto you. The fear of an evil is oft-times more than the evil feared. I hear of no danger, nor do I think any will attend you for that matter. Had not W. L. written such a pitiful letter over, the business, I think, would have died. What it may do to him I know not: they have greater matters than that to exercise their thoughts." On the same day another friend in England wrote to Gilbert, " We are very apt to be more afraid than we ought to be, or need to be."

The letter drawn up by Gov. Leete, and sanctioned by the General Court on the ist of August, was sent to Boston by special messengers, who were to " see

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what would be done in the case." Twenty days later another court was held, occasioned by information that Massachusetts had, on the 7th of August, formally pro­claimed the king. Anxious not to come short in demonstrations of loyalty, " it was voted and concluded as an act of the General Court," that the king should be proclaimed.

"And for the time of doing it, it was concluded to be done the next morning at nine of the clock, and the military company was desired to come to the solemnizing of it. And the form of the proclamation is as followeth: ^- "Although we have not received any form of proclamation by order from his Majesty or Council of State, for the proclaiming his Majesty in this colony, yet 'the Court taking encouragement from what hath been in the rest of the United Colonies, hath thought fit to declare publicly and proclaim that we do acknowledge his Royal Highness, Charles the Second, King of England, Scot­land, France, and Ireland, to be our Sovereign Lord and King, and that we do acknowledge ourselves the inhabitants of this colony to be his Majesty's loyal and faithful subjects." god save the king.

These public demonstrations of loyalty were prompted in large measure by fear of evil consequences to the colony, on account of its neglect to apprehend the regi­cides. They were supplemented with every possible attempt to secure the aid of those whose position ena­bled them to make intercession with the king. Before the official communication of Secretary Rawson had been received at New Haven, a letter from Davenport to beputy-Gov. Bellingham was on its way to Bos­ton, enclosing what he calls an apology. In August, fearing that his apology had miscarried, he wrote to Sir Thomas Temple, enclosing a copy of the apology,

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and very humbly beseeching his good offices in averting from the colony of New Haven the displeasure of the king. In September Gov. Leete went to Boston, prob­ably on his way to or from the meeting of the commis­sioners of the United Colonies at Plymouth, to consult with friends there how he might escape the punishment of his neglect. The result of the conference was a letter from John Norton, teacher of the church at Bos­ton, to Richard Baxter, one of the king's chaplains. It is to be inferred from Norton's letter that there had been a change in Leete's spirit since he received Kel-lond and Kirk in his house at Guilford and read their instructions aloud in the presence of ,his neighbors. Norton says: -

" He, being conscious of indiscretion and some neglect (not to say how it came about) in relation to the expediting the executing of the warrant, according to his duty, sent from his Majesty for the apprehending of the two colonels, is not without fear of some displeasure that may follow thereupon, and indeed hath almost ever since been a man depressed in his spirit for the neglect wherewith he chargeth himself therein. His endeavors also since have been accordingly, and that in full degree; as, besides his own testimony, his neighbors attest they see not what he could have done more."

At their meeting in September, the commission­ers of the United Colonies issued an order forbidding the entertainment of Whalley and Goffe, and requiring all persons who knew where they were to make known their hiding-place. This order, with the other pro­ceedings, was signed by William Leete and Benjamin Fenn, commissioners for New Haven, the last named an inhabitant of Milford, where Whalley and Goffe

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were then concealed. There is no evidence that Fenn was in the secret, and no good reason can be alleged why he should have been embarrassed with useless information.

Whalley and Goffe remained in Milford from Aug. 19, 1661, till July, 1664, when, hearing that four royal commissioners had arrived in Boston, charged to inquire after persons attainted of high treason, they thought it necessary to leave the place where they had so long resided. At first they retired to their cave on West Rock. But after they had remained there eight or ten days, some Indians, in their hunting, discovered the cave with the bed in it. This being reported, they were obliged to find another temporary retreat, the location of which is unknown. Probably they were unwillingly tarrying in New Haven till arrangements could be made for their removal to a less suspected and less frequented place. Starting on the I3th of October, and travelling only by night, they directed their steps toward Hadley, Mass., a plantation in the remotest north-western frontier of the New England settlements, recently established by emigrants from Hartford and Wethersfield. Here they were, by pre-arrangement, received and concealed by Mr. John Rus­sell, the minister of the town. With him they both continued to reside till the death of Whalley, about ten years afterward. But with their removal to Hadley their connection with the history of the New Haven colony ceases.