NUMBER I. The old patent of Connecticut, 1631.

To all people, unto whom this present writing shall come, Robert, Earl of Warwick, sendeth greeting, in our lord god everlast-ing.

KNOW ye, that the said Robert, Earl of Warwick, for di-vers good causes and considerations him thereunto moving, hath given, granted, bargained, sold, enfeoffed, aliened, and con-firmed, and by these presents doth give, grant, bargain, sell, en-feoff, aliene, and confirm, unto the right honorable William, Vis-count Say and Seal, the right honorable Robert, Lord Brook, the right honorable Lord Rich, and the honorable Charles Fiennes, Esq. Sir Nathaniel Rich, Knt. Sir Richard Saltonstall, Knt. Rich-ard Knightly, Esq. John Pym, Esq. John Hampden, John Humphrey, Esq. and Herbert Pelham, Esq. their heirs and as-signs, and their associates forever, all that part of New-England, in America, which lies and extends itself from a river there called Narraganset river, the space of forty leagues upon a straight line near the sea shore towards the southwest, west and by south, or west, as the coast lieth towards Virginia, accounting three English miles to the league; and also all and singular the lands and here-ditaments whatsoever, lying and being within the lands aforesaid, north and south in latitude and breadth, and in length and longi-tude of and within, all the breadth aforesaid, throughout the main lands there, from the western ocean to the south sea, and all lands and grounds, place and places, soil, wood, and woods, grounds, havens, ports, creeks and rivers, waters, fishings, and heredita-ments whatsoever, lying within the said space, and every part and parcel thereof. And also all islands lying in America aforesaid, in the said seas, or either of them, on the western or eastern coasts, or parts of the said tracts of lands, by these presents mentioned to be




given, granted, bargained, sold, enfeoffed, aliened, and confirmed, and also all mines and minerals, as well, royal mines of gold and silver, as other mines and minerals whatsoever, in the said land and premises, or any part thereof, and also the several rivers within the said limits, by what name or names soever called or known, and all jurisdictions, rights, and royalties, liberties, freedoms, immunities, powers, privileges, franchises, pre-eminences, and commodities whatsoever, which the said Robert, Earl of Warwick, now hath or had, or might use, exercise, or enjoy, in or within any part or parcel thereof, excepting and reserving to his majesty, his heirs, and suc-cessors the fifth part of all gold and silver ore, that shall be found within the said premises, or any part or parcel thereof: To have and to hold the said part of New-England in America, which lies and extends and is abutted as aforesaid. And the said several rivers and every part and parcel thereof, and all the said islands, rivers, ports, havens, waters, fishings, mines, minerals, jurisdic-tions, powers, franchises, royalties, liberties, privileges, commodi-ties, hereditaments and premises, whatsoever with the appurtenan-ces, unto the said William, Viscount Say and Seal, Robert, Lord Brook, Robert, Lord Rich, Charles Fiennes, Sir Nathaniel Rich, Sir Richard Saltonstall, Richard Knightly, John Pym, John Hampden, John Humphrey and Herbert Pelham, their heirs and assigns and their associates, to the only proper and absolute use and behoof of them the said William, Viscount Say and Seal, Rob-ert, Lord Brook, Robert, Lord Rich, Charles Fiennes, Sir Na-thaniel Rich, Sir Richard Saltonstall, Richard Knightly, John Pym, John Hampden, John Humphrey, and Herbert Pelham, their heirs and assigns, and their associates for ever more. In wit-ness whereof the said Robert, Earl of Warwick, hath hereunto set his hand and seal, the nineteenth day of March, in the seventh year of the reign of our sovereign Lord Charles, by the Grace of God, King of England, Scotland, France and Ireland, defender of the faith, &c. Annoq. Domini, 1631.

Signed, sealed, and delivered, in the presence of

walter williams,

thomas howson.

robert warwick, A Seal,


Mr. Winthrop's commission to erect a fort at the mouth of Connecticut river, with articles of agreement between him and their lordships Say and Seal, Brook, &c. 1635.

KNOW all men, by these presents, that we, Arthur Hasselring, Baronet, Sir Richard Saltonstall, Knt. Henry Lawrence, Henry Darley, and George Fenwick, Esquires, in our own names, and in the name of the right honorable Viscount Say and Seal, Robert,



Lord Brook, and the rest of our company, do ordain and consti-tute John Winthrop, Esq. the younger, governor of the river Con-necticut, with the places adjoining thereunto, for, and during the space of one whole year, after his arrival there, giving him, from and under us, full power and authority, to do and execute any such lawful act and thing, both in respect of the place and people, as also of the affairs we have, or shall have there, as to the dignity or office of a governor doth, or may appertain. In witness whereof we have hereunto put our hands and seals, this 18th day of July, 1635.

richard saltonstall,

arthur hasselring,

henry lawrence,

george fenwick,

henry darley.

Five seals appendant, impressed in one large piece of wax.

Articles made between the right honorable the lord Viscount Say and Seal, Sir Arthur Hasselring, Baronet, Sir Richard Saltonstall, Knight, Henry Lawrence, Henry Darley, and George Fenwick, Es-quires, on the one part, and John Winthrop, Esq. the younger, of the other, the 7th July, 1635.

First, That we, in our names, and the rest of the company, do by these presents appoint John Winthrop, the younger, governor of the river Connecticut, in New-England, and of the harbour and places adjoining, for the space of one year, from his arrival there. And the said John Winthrop doth undertake and covenant for his part, that he will, with all convenient speed, repair to those places, and there abide as aforesaid for the best advancement of the com-pany's service.

Secondly, That so soon as he comes to the bay, he shall en-deavour to provide able men to the number of fifty, at the least, for making of fortifications, and building of houses at the river Connecticut, and the harbour adjoining, first for their own present accommodations, and then such houses as may receive men of quality, which latter houses we would have to be builded within the fort.

Thirdly, That he shall employ those men, according to his best ability, for the advancement of the company's service, especially in the particulars abovementioned, during the time of his govern-ment ; and shall also give a true and just account of all the monies and goods committed to his managing.

Fourthly, That for such as shall plant there now, in the begin-ning, he shall take care that they plant themselves either at the harbour, or near the mouth of the river, that these places may be the better strengthened for their own safety, and to that end, that they also set down in such bodies together, as they may be most capable of an entrenchment; provided that there be reserved unto the fort, for the maintenance of it, one thousand or fifteen



hundred acres, at least, of good ground, as near adjoining there-unto as may be.

Fifthly, That forasmuch as the service will take him off from his own employment, the company do engage themselves, to give him a just and due consideration for the same. In witness whereof we have interchangeably hereunto subscribed our names.

W. say and seal,

george fenwick,

henry lawrence,

arthur hasselring,

richard saltonstall,

henry darley.


The original constitution of Connecticut, formed by voluntary compact, 1639.

FORASMUCH as it hath pleased the Almighty god, by the wise disposition of his divine providence, so to order and dispose of things, that we the inhabitants and residents of Windsor, Hart-ford, and Weathersfield, are now cohabiting, and dwelling in and upon the river Connecticut, and the lands thereunto adjoining, and well knowing where a people are gathered together, the word of god requireth that, to maintain the peace and union of such a people, there should be an orderly and decent government estab-lished according to god, to order and dispose of the affairs of the people at all seasons, as occasion should require; do therefore associate and conjoin ourselves to be as one public state or commonwealth; and do, for ourselves and our successors, and such as shall be adjoined to us at any time hereafter, enter into combination and confederation together, to maintain and pre-serve the liberty and purity of the gospel of our lord jesus, which we now profess, as also the discipline of the churches, which, ac-cording to the truth of said gospel, is now practised amongst us; as also in our civil affairs to be guided and governed according to such laws, rules, orders, and decrees, as shall be made, ordered, and decreed, as followeth:

I. It is ordered, sentenced, and decreed, that there shall be yearly two general assemblies or courts, the one on the second Thursday of April, the other the second Thursday of September following: The first shall be called the court of election, wherein shall be yearly chosen, from time to time, so many mag-istrates and other public officers, as shall be found requisite, whereof one to be chosen governor for the year ensuing, and until another be chosen, and no other magistrate to be chosen for more than one year; provided always, there be six chosen besides the governor, which being chosen and sworn according to an oath recorded for that purpose, shall have power to administer justice



according to the laws here established, and for want thereof ac-cording to the rule of the word of God; which choice shall be made by all that are admitted freemen, and have taken the oath of fidel-ity, and do cohabit within this jurisdiction, having been admitted inhabitants by the major part of the town where they live, or the major part of such as shall be then present.

II. It is ordered, sentenced, and decreed, that the election of the aforesaid magistrates shall be in this manner; every person present and qualified for choice, shall bring in (to the persons de-puted to receive them) one single paper, with the name of him written on it whom he desires to have governor, and he that hath the greatest number of papers shall be governor for that year: And the rest of the magistrates or public officers to be chosen in this manner; the secretary for the time being, shall first read the names of all that are to be put to choice, and then shall severally nominate them distinctly, and every one that would have the per-son nominated to be chosen shall bring in one single paper written upon, and he that would not have him chosen shall bring in a blank, and every one that has more written papers than blanks, shall be a magistrate for that year, which papers shall be received and told by one or more that shall be then chosen, by the court, and sworn to be faithful therein; but in case there should not be six persons as aforesaid, besides the governor, out of those which are nominated, then he or they which have the most written pa-pers, shall be a magistrate or magistrates for the ensuing year, to make up the aforesaid number.

III. It is ordered, sentenced, and decreed, that the secretary shall not nominate any person new, nor shall any person be chosen newly into the magistracy, which was not propounded in some general court before, to be nominated the next election: And to that end it shall be lawful for each of the towns aforesaid, by their deputies, to nominate any two whom they conceive fit to be put to election, and the court may add so many more as they judge req-uisite.

IV. It is ordered, sentenced, and decreed, that no person be chosen governor above once in two years, and that the governor be always a member of some approved congregation, and formerly of the magistracy within this jurisdiction, and all the magistrates freemen of this commonwealth; and that no magistrate or other public officer, shall execute any part of his or their office before they are severally sworn, which shall be done in the face of the court if they be present, and in case of absence, by some deputed for that purpose.

V. It is ordered, sentenced, and decreed, that to the aforesaid court of election, the several towns shall send their deputies, and when the elections are ended they may proceed in any public ser-vice, as at other courts; also, the other general court in Septem-



ber, shall be for making of laws, and any other public occasion which concerns the good of the commonwealth.

VI. It is ordered, sentenced, and decreed, that the governor shall, either by himself or by the secretary, send out summons to the constables of every town, for the calling of those two standing courts, one month at least, before their several times; and also, if the governor and the greatest part of the magistrates see cause, upon any special occasion, to call a general court, they may give order to the secretary so to do, within fourteen days warning; and if urgent necessity so require, upon a shorter notice, giving suffi-cient grounds for it to the deputies when they meet, or else be questioned for the same. And if the governor, or major part of the magistrates, shall either neglect or refuse to call the two gen-eral standing courts, or either of them, as also at other times when the occasions of the commonwealth require, the freemen thereof, or the major part of them, shall petition to them so to do; if then it be either denied or neglected, the said freemen, or the major part of them, shall have power to give order to the constables of the several towns to do the same, and so may meet together and choose to themselves a moderator, and may proceed to do any act of power which any other general courts may.

VII. It is ordered, sentenced, and decreed, that after there are warrants given out for any of the said general courts, the consta-ble or constables of each town, shall forthwith give notice dis-tinctly to the inhabitants of the same, in some public assembly, or by going or sending from house to house, that at a place and time by him or them limited and set, they meet and assemble themselves together, to elect and choose certain deputies to be at the general court then following, to agitate the affairs of the com-monwealth, which said deputies shall be chosen by all that are admitted inhabitants in the several towns, and have taken the oath of fidelity; provided, that none be chosen a deputy for any general court which it not a freeman of this commonwealth: The aforesaid deputy shall be chosen in manner following; every person that is present and qualified, as before expressed, shall bring the names of such, written on several papers, as they desire to have chosen, for that employment; and those three or four, more or less, being the number agreed on to be chosen, for that time, that have the greatest number of papers written for them, shall be deputies for that court; whose names shall be indorsed on the back side of the warrant, and returned into the court with the constable or constables hand unto the same.

VIII. It is ordered, sentenced, and decreed, that Windsor, Hartford, and Weathersfield, shall have power, each town, to send four of their freemen as their deputies, to every general court; and whatsoever other towns shall be hereafter added to this jurisdic-tion, they shall send so many deputies as the court shall judge



meet; a reasonable proportion to the number of freemen that are in said towns, being to be attended therein; which deputies shall have the power of the whole town to give their votes, and allow-ance to all such laws and orders, as may be for the public good, and unto which the said towns are to be bound.

IX. It is ordered, sentenced, and decreed, that the deputies thus chosen, shall have power and liberty to appoint a time and a place of meeting together, before any general court, to advise and consult of all such things as may concern the good of the public; as also to examine their own elections, whether according to the order; and if they or the greatest part of them find any election to be illegal, they may seclude such for the present from their meet-ing, and return the same and their reasons to the court; and if it prove true, the court may fine the party or parties so intruding upon the town, if they see cause, and give out a warrant to go to a new election in a legal way, either in part or in whole; also the said deputies shall have power to fine any that shall be disorderly at their meeting, or for not coming in due time or place, according to appointment; and they may return said fine into the court, if it be refused to be paid, and the treasurer to take notice of it, and to estreat or levy the same as he doth other fines.

X. It is ordered, sentenced, and decreed, that every general court (except such as, through neglect of the governor and the greatest part of the magistrates, the freemen themselves do call,) shall consist of the governor, or some one chosen to moderate the court, and four other magistrates at least, with the major part of the deputies of the several towns legally chosen; and in case the freemen, or the major part of them, through neglect or refusal of the governor and major part of the magistrates, shall call a court, that shall consist of the major part of the freemen that are present, or their deputies, with a moderator chosen by them; in which said general court shall consist the supreme power of the common-wealth, and they only shall have power to make laws or repeal them, to grant levies, to admit freemen, to dispose of lands undisposed of, to several towns or persons, and also shall have power to call other courts, or magistrates, or any other person whatsoever, into question for any misdemeanor; and may for just causes displace or deal otherwise, according to the nature of the offence; and also may deal in any other matter that concerns the good of this com-monwealth, except election of magistrates, which shall be done by the whole body of freemen; in which court the governor or moderator shall have power to order the court, to give liberty of speech, and silence unreasonable and disorderly speaking, to put all things to vote, and in case the vote be equal to have a casting voice; but none of these courts shall be adjourned or dissolved without the consent of the major part of the court.

XI. It is ordered, sentenced, and decreed, that when any gen-



eral court, upon the occasions of the commonwealth, have agreed upon any sum or sums of money to be levied upon the several towns within this jurisdiction, that a committee be chosen to set out and appoint what shall be the proportion of every town to pay, of the said levy, provided the committee be made up of an equal number out of each town. 14th January, I638.1


The fundamental articles, or original constitution of the colony of New-Haven, June 4th, 1639.

THE 4th day of the 4th month, called June, 1639, all the free planters assembled together in a general meeting, to consult about settling civil government, according to God, and the nomination of persons that might be found, by consent of all, fittest in all respects for the foundation work of a church, which was intended to be gathered in Quinipiack. After solemn invocation of the name of God, in prayer for the presence and help of his spirit and grace, in those weighty businesses, they were reminded of the business whereabout they met, (viz.) for the establishment of such civil order as might be most pleasing unto God, and for the choosing the fit-test men for the foundation work of a church to be gathered. For the better enabling them to discern the mind of God, and to agree accordingly concerning the establishment of civil order, Mr. John Davenport propounded divers queries to them publicly, praying them to consider seriously in the presence and fear of God, the weight of the business they met about, and not to be rash or slight in giving their votes to things they understood not; but to digest fully and thoroughly what should be propounded to them, and without respect to men, as they should be satisfied and persuaded in their own minds, to give their answers in such sort as they would be willing should stand upon record for posterity.

This being earnestly pressed by Mr. Davenport, Mr. Robert Newman was intreated to write, in characters, and to read dis-tinctly and audibly, in the hearing of all the people, what was pro-pounded and accorded on, that it might appear, that all consented to matters propounded, according to words written by him.

Query I. Whether the scriptures do hold forth a perfect rule for the direction and government of all men in all duties which they are to perform to God and men, as well in families and common-wealth, as in matters of the church? This was assented unto by all, no man dissenting, as was expressed by holding up of the hands. Afterwards it was read over to them, that they might see in what words their vote was expressed. They again expressed their con-sent by holding up their hands, no man dissenting.

1This as we now date was 1639




Query II. Whereas, there was a covenant solemnly made by the whole assembly of free planters of this plantation, the first day of extraordinary humiliation, which we had after we came to-gether, that as in matters that concern the gathering and ordering of a church, so likewise in all public officers which concern civil order, as choice of magistrates and officers, making and repealing laws, dividing allotments of inheritance, and all things of like nat-ure, we would all of us be ordered by those rules which the script-ure holds forth to us; this covenant was called a plantation cove-nant, to distinguish it from a church covenant, which could not at that time be made, a church not being then gathered, but was de-ferred till a church might be gathered, according to God: It was demanded whether all the free planters do hold themselves bound by that covenant, in all businesses of that nature which are ex-pressed in the covenant, to submit themselves to be ordered by the rules held forth in the scripture?

This also was assented unto by all, and no man gainsayed it; and they did testify the same by holding up their hands, both when it was first propounded, and confirmed the same by holding up their hands when it was read unto them in public. John Clark being absent, when the covenant was made, doth now manifest his consent to it. Also, Richard Beach, Andrew Law, Goodman Ban-ister, Arthur Halbridge, John Potter, Robert Hill, John Brocket, and John Johnson, these persons, being not admitted planters when the covenant was made, do now express their consent to it.

Query III. Those who have desired to be received as free plant-ers, and are settled in the plantation, with a purpose, resolution and desire, that they may be admitted into church fellowship, ac-cording to Christ, as soon as God shall fit them thereunto, were desired to express it by holding up hands. Accordingly all did ex-press this to be their desire and purpose by holding up their hands twice, (viz.) at the proposal of it, and after when these written words were read unto them.

Query IV. All the free planters were called upon to express, whether they held themselves bound to establish such civil order as might best conduce to the securing of the purity and peace of the ordinance to themselves and their posterity according to God? In answer hereunto they expressed by holding up their hands twice as before, that they held themselves bound to establish such civil order as might best conduce to the ends aforesaid.

Then Mr. Davenport declared unto them, by the scripture, what kind of persons might best be trusted with matters of government; and by sundry arguments from scripture proved that such men as were described in Exod. xviii. 2, Deut. i. 13, with Deut. xvii. 15, and I Cor. vi. I, 6, 7, ought to be intrusted by them, seeing they were free to cast themselves into that mould and form of common-wealth which appeared best for them in reference to the securing



the peace and peaceable improvement of all Christ his ordinances in the church according to God, whereunto they have bound them-selves, as hath been acknowledged.

Having thus said he sat down, praying the company freely to consider, whether they would have it voted at this time or not. After some space of silence, Mr. Theophilus Eaton answered, it might be voted, and some others also spake to the same purpose, none at all opposing it. Then it was propounded to vote.

Query V. Whether free burgesses shall be chosen out of the church members, they that are in the foundation work of the church being actually free burgesses, and to choose to themselves out of the like estate of church fellowship, and the power of choos-ing magistrates and officers from among themselves, and the power of making and repealing laws, according to the word, and the dividing of inheritances, and deciding of differences that may arise, and all the businesses of like nature are to be transacted by those free burgesses? This was put to vote and agreed unto by lifting up of hands twice, as in the former it was done. Then one man stood up and expressed his dissenting from the rest in part; yet granting, I. That magistrates should be men fearing God. 2. That the church is the company where, ordinarily, such men may be expected. 3. That they that choose them ought to be men fearing God: only at this he stuck, that free planters ought not to give this power out of their hands. Another stood up and answered, that nothing was done, but with their consent. The former answered, that all the free planters ought to resume this power into their own hands again, if things were not orderly car-ried. Mr. Theophilus Eaton answered, that in all places they choose committees in like manner. The companies in London choose the liveries by whom the public magistrates are chosen. In this the rest are not wronged, because they expect, in time, to be of the livery themselves, and to have the same power. Some others intreated the former to give his arguments and reasons whereupon he dissented. He refused to do it, and said, they might not ration-ally demand it, seeing he let the vote pass on freely and did not speak till after it was past, because he would not hinder what they agreed upon. Then Mr. Davenport, after a short relation of some former passages between them two about this question, prayed the company that nothing might be concluded by them on this weighty question, but what themselves were persuaded to be agreeing with the mind of God, and they had heard what had been said since the voting; he intreated them again to consider of it, and put it again to vote as before. Again all of them, by holding up their hands, did show their consent as before. And some of them confessed that, whereas they did waver before they came to the assembly, they were now fully convinced, that it is the mind of God. One of them said that in the morning before he came, read-



Ing Deut. xvii. 15, he was convinced at home. Another said, that he came doubting to the assembly, but he blessed God, by what had been said, he was now fully satisfied, that the choice of bur-gesses out of church members, and to instruct those with the power before spoken of, is according to the mind of God revealed in the scriptures. All having spoken their apprehensions, it was agreed upon, and Mr. Robert Newman was desired to write it as an order whereunto every one that hereafter should be admitted here as planters, should submit, and testify the same by subscrib-ing their names to the order: Namely, that church members only shall be free burgesses, and that they only shall choose magistrates and officers among themselves, to have power of transacting all the public civil affairs of this plantation; of making and repealing laws, dividing of inheritances, deciding of differences that may arise, and doing all things and businesses of like nature.

This being thus settled, as a fundamental agreement concerning civil government, Mr. Davenport proceeded to propound some-thing to consideration about the gathering of a church, and to pre-vent the blemishing of the first beginnings of the church work, Mr. Davenport advised, that the names of such as were to be ad-mitted might be publicly propounded, to the end that they who were most approved might be chosen; for the town being cast into several private meetings, wherein they that lived nearest together gave their accounts one to another of God's gracious work upon them, and prayed together and conferred to their mutual edifica-tion, sundry of them had knowledge one of another; and in every meeting some one was more approved of all than any other; for this reason, and to prevent scandals, the whole company was in-treated to consider whom they found fittest to nominate for this work.

Query VI. Whether are you all willing and do agree in this, that twelve men be chosen, that their fitness for the foundation work may be tried; however, there may be more named, yet it may be in their power who are chosen, to reduce them to twelve, and that it be in the power of those twelve to choose out of themselves seven, that shall be most approved of by the major part, to begin the church?

This was agreed upon by consent of all, as was expressed by holding up of hands, and that so many as should be thought fit for the foundation work of the church, shall be propounded by the plantation, and written down and pass without exception, unless they had given public scandal or offence. Yet so as in case of pub-lic scandal or offence, every one should have liberty to propound their exception, at that time, publicly against any man, that should be nominated, when all their names should be writ down. But if the offence were private, that men's names might be tendered, so many as were offended were intreated to deal with the offender



privately, and if he gave not satisfaction, to bring the matter to the twelve, that they might consider of it impartially and in the fear of God.


The first agreement with George Fenwick, Esq. 1644.

Articles of agreement made and concluded betwixt George Fen-wick, Esq. of Saybrook fort, on the one part, and Edward Hop-kins, John Haynes, John Mason, John Steele, and James Boosy, for and on the behalf of the jurisdiction of Connecticut river, on the other part, the 5th of December, 1644. THE said George Fenwick, Esq. doth, by these presents, con-vey and make over to the use and for the behoof of the jurisdiction of Connecticut river aforesaid, the fort at Saybrook, with the ap-purtenances hereafter mentioned, to be enjoyed by them forever. Two demiculvering cast pieces, with all the shot thereunto apper-taining, except fifty, which are reserved for his own use; two long saker cast pieces, with all the shot thereunto belonging; one mur-derer, with two chambers and two hammered pieces; two barrels of gun powder, forty muskets, with bandoleers and rests, as also four carabines, swords, and such irons as are there for a draw bridge; one sow of lead, and irons for the carriages of ordnance, and all the housing within the palisado.

It is also provided and agreed, betwixt the said parties, that all the land upon the river of Connecticut shall belong to the said jurisdiction of Connecticut, and such lands as are yet undisposed of shall be ordered and given out by a committee of five, whereof George Fenwick, Esq. aforesaid is always to be one.

It is further provided and agreed, that the town of Saybrook shall be carried on according to such agreements, and in that way which is already followed there, and attended betwixt Mr. Fenwick and the inhabitants there.

It is also provided and agreed, betwixt the said parties, that George Fenwick, Esq. shall have liberty to dwell in, or make use of, any or all the housing belonging to the said fort, for the space of ten years; he keeping those which he makes use of in sufficient repair, (extraordinary casualties excepted;) and in case he re-move his dwelling to any other place, that he should give half a year's warning thereof, that provision may be made accordingly; only it is agreed, that there shall be some convenient part of the housing reserved for a gunner, and his family to live in, if the juris-diction see fit to settle one there.

It is further provided and agreed, betwixt the said parties, that George Fenwick, Esq. shall enjoy to his own proper use, these par-ticulars following:



1st. The house near adjoining to the wharf, with the wharf and an acre of ground thereunto belonging; provided, that the said acre of ground take not up above eight rods in breadth by the water side.

2d. The point of land, and the marsh lying under the barn al-ready built by the said George Fenwick.

3d. The island commonly called six mile island, with the mead-ow thereunto adjoining, on the east side the river.

4th. The ground adjoining to the town field, which is already taken off and inclosed with three rails, by the said George Fen-wick; only there is liberty granted to the said jurisdiction, if they see fit, to build a fort upon the western point, whereunto there shall be allowed an acre of ground for a house lot.

5th. It is also provided and agreed, that the said George Fen-wick, Esq. shall have free warren in his own land, and liberty for a floater for his own occasions; as also the like liberty is reserved for any others of the adventurers, that may come unto these parts, with a double house lot in such place where they make choice to settle their abode.

All the forementioned grants (except before excepted) the said George Fenwick, Esq. doth engage himself to make good to the jurisdiction aforesaid, against all claims that may be made, by any other to the premises by reason of any disbursements made upon the place.

The said George Fenwick doth also promise, that all the lands from Narraganset river to the fort of Saybrook, mentioned in a patent granted by the earl of Warwick to certain nobles and gen-tlemen, shall fall in under the jurisdiction of Connecticut, if it come into his power. For, and in regard of the premises, and other good considerations, the said Edward Hopkins, John Haynes, John Mason, John Steele, and James Boosy, authorized thereunto, by the general court for the jurisdiction of Connecticut, do, in be-half of the said jurisdiction, promise and agree, to and with the said George Fenwick, Esquire, that for and during the space of ten full and complete years, to begin from the first of March next ensu-ing the date of these presents, there shall be allowed and paid to the said George Fenwick, or his assigns, the particular sums here-after following.

1st. Each bushel of corn, of all sorts, or meal, that shall pass out of the river's mouth, shall pay two pence per bushel.

2d. Every hundred of biscuit that shall in like manner pass out of the river's mouth, shall pay six pence.

3d. Each milk cow, and mare, of three years or upwards, with-in any of the towns or farms upon the river, shall pay twelve pence per annum during the foresaid term.

4th. Each hog or sow, that is killed by any particular person, within the limits of the river, and the jurisdiction aforesaid, to be



improved either for his own particular use, or to make market of, shall in like manner pay twelve pence per annum.

5th. Each hogshead of beaver, traded out of this jurisdiction, and passed by water down the river, shall pay twenty shillings.

6th. Each pound of beaver, traded within the limits of the river, shall pay two pence. Only it is provided, that in case the general trade with the Indians, now in agitation, proceed, this tax upon beaver, mentioned in this, and the foregoing articles, shall fall.

7th. The said committee, by the power aforesaid, consent and agree, to and with the said George Fenwick, Esq. that he, the said George Fenwick, and his heirs, shall be free of any impositions or customs, that may hereafter, by the jurisdiction, be imposed at the fort.

It is agreed that the aforesaid payments shall be made in man-ner following: What shall be due from the grain that is exported, shall be paid in grain, according to the proportion of the several kinds of grain that do pass away, at the common current price; neither attending such prices on the one hand, that the court may set; nor yet on the other hand, such as corn may be sold at, through the necessities of men: And in case of any difference, then the price shall be set by two good men, the one chosen by Mr. Fenwick, and the other by the court. What shall be due otherwise, shall be paid in beaver, wampum, barley, wheat or pease; the former consideration for the price, to be herein also at-tended. And it is provided and agreed, that a strict order and course shall be taken in observing what grain is put aboard any vessel that goeth down the river, from any of the towns: and due notice being taken thereof, every boat or vessel shall be enjoined to take a note of some person deputed by the court in each town, what quantities and kinds of grain are aboard the said vessel; and to deliver to Mr. Fenwick, or his assigns, at Saybrook, so much as will be due to him according to the forementioned agreements. And likewise, for the other payments, due care shall be taken, that they be made at the place aforesaid, in as convenient a way as may comfortably be attended, and that all indirect courses be pre-vented, whereby the true intent and meaning of these agreements may be evaded. In witness whereof the parties before mentioned have hereunto put their hands, the day and year abovesaid.

edward hopkins,

john haynes,

john mason,

john steele,

george fenwick.

james BOOSY.1

1Records of the colony of Connecticut, folio vol. II. pp. 59, 60,61 and 62.




The second agreement with George Fenwick, Esquire; February 17th 1646.

IT was agreed betwixt Edward Hopkins, on the behalf of George Fenwick, Esq. and John Cullick, John Talcott, John Por-ter, and Henry Clark, James Boosy, and Samuel Smith, on the behalf of the jurisdiction of Connecticut, that the agreement formerly made with Mr. Fenwick, shall be afterwards, and what was to be received by him according to that, reduced to the terms hereafter expressed:-viz.-There shall yearly, for ten years, be paid to Mr. Fenwick, or his assigns, one hundred and eighty pounds per annum, to be paid every year before the last of June, as it shall be required by the assigns of the said George Fenwick, either to such vessels as shall be appointed, or to such house or houses, in Weathersfield or Hartford, as he shall direct and order. To be paid one third in good wheat, at 4s. per bushel; one third in pease, at 3s. per bushel; one third in rye or barley, at 3s. per bushel: And if rye or barley be not paid, then to pay it in wheat and pease, in an equal proportion; and this present year some Indian corn shall be accepted; but as little as may be. Also, there is to be received by the said George Fenwick what is due from Springfield, for the aforesaid term of ten years. As also, what else may be due upon the beaver trade, according to the former agree-ment with him. Also, whereas the town of Saybrook is to pay in this sum of 180l. for this year, 10l. when that town increaseth, so as they pay a greater proportion, in other rates, in reference to what these towns, Windsor, Hartford, Weathersfield, and Farmington do pay, they shall increase their pay to Mr. Fenwick accordingly. Also, whereas Mattabeseck may hereafter be planted, they shall pay unto Mr. Fenwick in the same proportion they pay other rates to these towns. These four towns being accounted at one hun-dred and seventy pounds.1

edward hopkins,

john cullick,

john talcott.

1Records of the colony of Connecticut, folio vol. ii. p. 63.




Petition to his majesty, King Charles II. 1661, for charter privileges.

The humble petition of the General Court, at Hartford upon Con-necticut, in New-England, to the high and mighty Prince Charles the second, humbly shewing:-

THAT whereas your petitioners have not had, for many years past, since their possession and inhabiting these western and in-land parts of this wilderness, any opportunity, by reason of the calamities of the late sad times, to seek for, and obtain such grants, by letters patent from your excellent majesty, their sovereign lord and king, as might assure them of such liberties and privileges, and sufficient powers, as might encourage them to go on through all difficulties, hazards, and expenses, in so great a work of planta-tion, in a place so remote from the Christian world, and a desert so difficultly subdued, and no way improveable for subsistence, but by great cost and hard labour, with much patience and cares.

And whereas, besides the great charge that hath been expended by our fathers, and some of their associates yet surviving, about the purchases, building, fortifying, and other matters, of culturing and improving to a condition of safety and subsistence, in the places of our present abode, among the heathen, whereby there is a considerable and real addition to the honour and enlargement of his majesty's dominion, by the sole disbursements of his majesty's subjects here; of their own proper estates, they have laid out a very great sum for the purchasing a jurisdiction right of Mr. George Fenwick, which they were given to understand was de-rived from true royal authority, by letters patent, to certain lords and gentlemen therein nominated, a copy whereof was produced before the commissioners of the colonies, and approved by them, as appears by their records, a copy whereof is ready to be pre-sented at your majesty's command, though, either by fire at a house where it had been sometimes kept, or some other accident, is now lost; with which your poor subjects were rather willing to have contented themselves, in those afflicting times, than to seek for power or privileges from any other than their lawful prince and sovereign.

May it, therefore, please your most gracious and excellent maj-esty, to confer upon your humble petitioners, who unanimously do implore your highness's favour and grace therein, those liber-ties, rights, authorities, and privileges, which were granted by the aforementioned letters patent, to certain lords and gentlemen, so purchased as aforesaid, or which were enjoyed from those letters patent, granted to the Massachusetts plantation, by our fathers, and some of us yet surviving, when there, in our beginning in-



habiting; and upon which those large encouragements, liberties, and privileges, so great a transplantation from our dear England was undertaken, and supposed to be yet our inheritance, till the running of that western line, the bounded limits of those letters patent, did, since our removal thence, determine our lot to be fall-en without the limits of that so bounded authority.

May it please your majesty graciously to bestow upon your humble supplicants such royal munificence, according to the tenor of a draft or instrument, which is ready here to be tendered, at your gracious order.

And whereas, besides those many other great disbursements as aforesaid, in prosecution of this wilderness work, your poor peti-tioners were forced to maintain a war against one nation of the heathens, that did much interrupt the beginnings of your servants, by many bloody and hostile acts, whereby divers of our dear coun-trymen were treacherously destroyed, and have, also, been ever since, and are still, at much charge in keeping such a correspond-ence of peace and amity with the divers sorts of the heathen na-tions, that are round about your plantations, thus far extended into the bowels of the country, besides the maintenance of all pub-lic charges for church and civil affairs, which are very great in re-spect of our great poverty.

May it please your most excellent majesty, out of your princely bounty, to grant such an immunity from customs, as may en-courage the merchants to supply our necessities in such com-modities as may be wanting here, for which we have neither silver nor gold to pay; but the supply in that kind may enable, in due time, to search the bowels of the earth for some good minerals, whereof there seems to be fair probabilities, or produce some such other staple commodities, as may, in future time, appear to be good effects of your majesty's goodness and bounty. If your poor colony may find this gracious acceptance with your majesty, as to grant their humble desire, whereby they may be encouraged to go on cheerfully and strenuously in their plantation business, in hope of a comfortable settlement for themselves and their posterity, that under your royal protection they may prosper in this desert; they shall, as is their acknowledged duty, ever pray for your great tran-quillity and perpetual happiness; and humbly craving leave, they subscribe themselves your majesty's loyal subjects and servants, the general court of the colony of Connecticut, in New-England, per their order signed.1

Jan. 7th, 1661.

daniel clark, Sec'ry.

1Old Book of Patents, Letters, &c. p. 12-14.




The letter of Connecticut to Lord Say and Seal, June 7, 1661.

right honorable,

THE former encouragements that our fathers, and some of their yet surviving associates, received from your honor to trans-plant themselves and families into these inland parts of this vast wilderness, where (as we have been given to understand) your honor was, and as we conceive and hope are still interested, by virtue of patent power and authority, doth not only persuade us, but assure us of your patronage and favor, in that which may come within your power, wherein our comfort and settlement, and the well being of our posterity and the whole colony, both in civil and ecclesiastical policy, is so deeply concerned: Honorable Sir, not long after that some persons of note amongst us, and well known to yourself, whose names in that respect we forbear to write, had settled upon this river of Connecticut, and some planta-tions up the river were possessed, and in some measure improved, Mr. George Fenwick took possession of Saybrook fort, there re-siding for certain or several years; at length he was moved, for ends best known to himself, to return to England, and thereupon propounded by himself, our agent, the sale of the fort, with the housing there, and several appurtenances, together with all the lands on the river, and so to the Narraganset Bay, with jurisdic-tion power to this colony, which was exceedingly opposed by several amongst us, whom some of us have heard to affirm that such a thing would be very distasteful to your honor, with the rest of the noble patentees, who had very bountiful intentions to this colony; nevertheless, though there was a stop for the present, yet in some short time (God removing some from us by death, that were interested in the hearts and affections of several of those nobles and gentlemen the patentees in England) the business of purchase was revived by Mr. Fenwick, and expressions to this purpose given out by him, or his agents, or both; that he had power to dispose of the premises, the rest of the patentees desert-ing, it fell into his hands by agreement, and in case the towns on the river refused to comply with such terms as he proposed for the purchasing of the said fort, &c. it was frequently reported that he purposed either to impose customs on the river or make sale there-of to the Dutch our noxious neighbours; at last, for our peace, and settlement, and security, (as we hoped) we made, by our com-mittee, an agreement with the said Mr. Fenwick, a copy whereof is ready to be presented unto your honor, which cost this river one thousand six hundred pounds, or thereabouts, wherein your honor may see the great abuse that we received at Mr. Fenwick's



hands, he receiving a vast sum from a poor people, and we scarcely at all advantaged thereby, nay, we judge our condition worse than if we had contented ourselves with the patronage of the grand patentees, for we have not so much as a copy of a patent to secure our standing as a commonwealth, nor to ensure us of the continu-ance of our rights and privileges and immunities which we thought the jurisdiction power and authority, which Mr. Fenwick had engaged to us, and we paid for at a dear rate, nor any thing under his hand to engage him and his heirs, to the performance of that which was aimed at and intended in our purchase: the lands up the river, for a long tract, the Massachusetts colony doth chal-lenge, and have run the line, which, as they say, falls into one of our towns; on the other side towards Narraganset, we know not how to claim, being destitute of patent and a copy to decide the bounds. Be pleased, noble sir, to consider our condition, who have taken upon us this boldness to address to his majesty, our sovereign lord, and to petition his grace and favor towards us, in granting us the continuance of his protection and the continuance of those privileges and immunities, that we have hitherto enjoyed in this remote western part of the world; and likewise for a patent whereby we may be encouraged and strengthened in our proceed-ings. Right honorable, our humble request to yourself is, that you would be pleased to countenance our enterprise, and so far to favor us as to counsel and advise our agent, who is to represent this poor colony and to act in our behalf, John Winthrop, Esq. our honored governor, whom we have commissioned and also directed to await your honor's pleasure for advice and counsel, both re-specting our petition to the king's majesty, as also respecting the case forementioned, that if there be any relief for us, we may not lose such a considerable sum of money, and be exposed to further expense for the obtaining a patent. If we may find this favor with your honor to afford your advice and counsel, and helpfulness to bring to pass our desires, we shall still acknowledge your en-larged bounty and favorable respect to us and ours, and ever pray an inundation of mercies may flow in upon your lordship from the author and fountain of blessing. With all due respects, we sub-scribe, sir, your lordship's humble servants, the general assembly of the colony of Connecticut. Per their order signed,

Per daniel clark, Secretary.1

1Old book of letters, &c. p. 9-II.




Letter of Lord Say and Seal to Governor Winthrop, December 11th, 1661

mr. winthrop,

I RECEIVED your letter, by Mr. Richards, and I would have been glad to have had an opportunity of being at London myself to have done you and my good friends, in New-England, the best service I could; but my weakness hath been such, and rny old disease of the gout falling upon me, I did desire leave not to come up this winter, but I have wrote to the Earl of Manchester, lord chamberlain of his majesty's household, to give you the best as-sistance he may; and indeed he is a noble and worthy lord, and one that loves those that are godly. And he and I did join to-gether, that our godly friends of New-England might enjoy their just rights and liberties; and this colonel Crowne, who, I hear, is still in London, can fully inform you. Concerning that of Con-necticut, I am not able to remember all the particulars; but I have written to my lord chamberlain, that when you shall attend him, (which I think will be best for you to do, and therefore I have in-closed a letter to him, in yours) that you may deliver it, and I have desired him to acquaint you where you may speak with Mr. Jesup, who, when we had the patent, was our clerk, and he I believe, is able to inform you best about it, and I have desired my lord to wish him so to do. I do think he is now in London. My love remem-bered unto you, I shall remain,

Your very loving friend,

W. say and seal.


Letter of New Haven to Connecticut, November 5th, 1662.

honored gent.

WE have heard both the patent and that writing read, which those gentlemen (who said they were sent from your general as-sembly) left with our committee, and have considered the contents according to our capacities. By the one we take notice of their declared sense of the patent, and also of your desire of our uniting with yourselves upon that account; by the other, we understand, that his majesty hath been graciously pleased (at your earnest peti-tion) to grant liberty to the colony of Connecticut, to acquire, have, possess, purchase. &c. whatever lands, &c. you have gained or shall gain by lawful means, within the precincts or lines therein mentioned: And also, of his abundant grace, to allow and estab-lish you to be one body politic for managing all your public affairs



and government, in a religious and peaceable manner, to the in-tents and purposes by his majesty, and the adventurers therein professed, over all persons, matters, and things, so gained by pur-chase or conquest, at your own proper costs and charges, accord-ing as yourselves informed you had already done. Now whatever is so yours, we have neither purpose nor desire to oppose, hurt, or hinder in the least; but what ourselves (by like lawful means) have attained, as to inheritances, or jurisdiction, as a distinct colony, upon our most solemn and religious covenants, so well known to his majesty, and to all, we must say, that we do not find in the patent any command given to you, nor prohibition to us, to dis-solve covenants, or alter the orderly settlements of New-England, nor any sufficient reason, why we may not so remain to be as formerly; also your beginning to procure, and proceeding to im-prove the patent without us, doth confirm this belief; but rather it seems that a way is left open to us to petition for the like favor, and to enter our appeal from your declared sense of the patent, and signify our grievances. Yet, if it shall appear (after a due and full information of our state) to have been his majesty's pleasure so to unite us, as you understand the patent, we must submit according to god; but, for the present, we cannot answer otherwise than our committee hath done, and likewise to make the same request unto you, that we may remain distinct as formerly, and may be succoured by you as confederates; at least, that none occasion be given by yourselves for any to disturb us in our ancient settle-ments, until that, either by the honored Mr. Winthrop, by our other confederates, or from his majesty, we may be resolved here-in: All which means are in our thoughts to use, except you pre-vent, for the gaining of a right understanding, and to bring a peaceable issue or reconcilement of this matter; and we wish you had better considered than to act so suddenly, to seclude us from patent privileges at first, if we are included, as you say, and to have so proceeded since, as may seem to give advantage unto disaf-fected persons to slight or disregard oath and covenants, and thereby to rend and make division, manage contention and troubles in the townships and societies of this colony, and that about religious worships, as the inclosed complaint may declare, which seems to us a great scandal to religion before the natives, and prejudicial to his majesty's pious intention, as also to hold forth a series of means very opposite to the end pretended, and very much obscured from the beauty of such a religious and peace-able walking among English brethren, as may either invite the natives to the Christian faith, or unite our spirits in this juncture; and this occasion given before any conviction tendered, or publica-tion of the patent among us, or so much as a treaty with us in a Christian, neighbourly way. No pretence for our dissolution of government, till then could rationally be imagined. Such carriage



may seem to be against the advice and mind of his majesty in the patent; as also of your honored governor, and to cast reflection upon him, when we compare these things with his letters to some here; for the avoiding whereof, we earnestly request that the whole of what he hath written to yourselves, so far as it may re-spect us in this business, may be fully communicated to our view in a true copy or transcript of the same. We must profess ourselves grieved hereat, and must desire and expect your effectual en-deavours to repair these breaches, and restore us to our former condition as confederates, until that by all, or some of these ways intimated, we may attain a clear resolution in this matter. Unto what we have herein propounded, we shall add, that we do not, in the least, intend any dislike to his majesty's act, but show our sense of your actings, first and last, so much to our detriment, and to manifest the consequent effects to God's dishonour, as also to give you to know how we understand the patent, hoping that you will both candidly construe, and friendly comply, with our desires herein, and so remove the cause of our distraction and sad afflic-tion, that you have brought upon this poor colony; then shall we forbear to give you further trouble, and shall pray to the God of spirits to grant us all humility, and to guide us by his heavenly wisdom to a happy issue of this affair, in love and peace. Resting, Gentlemen, your very loving

friends and neighbours, The Freemen of the colony of New-Haven.

Per James Bishop, Secretary, in the name, and by order and con-sent of the committee and freemen of New-Haven colony.


New-Haven's remonstrance against Connecticut, May 6th, 1663.


THE professed grounds and ends of your and our coming into these parts are not unknown, being plainly expressed in the pro-logue to that solemn confederation entered into by the four col-onies of New-England, printed and published to the world, viz. to advance the kingdom of our lord jesus christ, and to enjoy the liberties of the gospel in purity with peace, for which we left our dear native country, and were willing to undergo the difficulties we have since met with, in this wilderness, yet fresh in our re-membrance; being the only ends we still pursue, having hitherto found by experience so much of the presence of God with us, and of his goodness and compassion towards us in so doing, for these many years. Yet, considering how unanswerable our returns have been to god, how unfruitful, unthankful, and unholy, under so



much means of grace, and such liberties, we cannot but lament the same, judge ourselves, and justify God, should he now at last (after so long patience towards us) bring desolating judgments upon us, and make us drink of the dregs of that cup of indignation, he hath put into the hands of his people in other parts of the world, or suffer such contentions (in just displeasure) to arise among us, as may hasten our calamity, and increase our wo; which we pray the Lord in mercy to prevent. And whereas, in the pursuance of the said ends, and upon other religious and civil considerations, as the security of the interest of each colony, within itself in ways of righteousness and peace, and all and every of the said colonies from the Indians and other enemies, they did judge it to be their bounden duty, for mutual strength and helpfulness, for the future, in all their said concernments to enter into a consociation among themselves, thereupon fully agreed and concluded by and between the parties or jurisdictions, in divers and sundry articles, and at last ratified as a perpetual confederation by their several subscrip-tions : Whereunto we conceived ourselves bound to adhere, until with satisfaction to our judgments and consciences, we see our duty, with the unanimous consent of the confederates, orderly to recede, leaving the issue unto the most wise and righteous god. As for the patent, upon your petition, granted to you by his maj-esty, as Connecticut colony, so far, and in that sense we object not against it, much less against his majesty's act in so doing, the same being a real encouragement to other of his subjects to obtain the like favor, upon their humble petition to his royal highness, in the protection of their persons and purchased rights and interests, is also a ground of hope to us. But if the line of your patent doth circumscribe this colony by your contrivement, without our cog-nizance, or consent, or regard to the said confederation on your parts, we have, and must still testify against it, as not consistent (in our judgment) with brotherly love, righteousness and peace: And that this colony (for so long time a confederate jurisdiction, dis-tinct from yours and the other colonies) is taken in under the ad-ministration of the said patent, in your hands, and so its former being dissolved, and distinction ceasing, there being no one line or letter in the patent, expressing his majesty's pleasure that way. Although it is your sense of it, yet we cannot so apprehend; of which we having already given our grounds at large in writing, we shall not need to say much more; nor have we met with any argumentative or rational convictions from you, nor do we yet see cause to be of another mind.

As for your proceedings upon pretence of the patent towards us, or rather against us, in taking in sundry of the inhabitants of this colony under your protection and government, who, as you say, offered themselves, from which a good conscience, and the obliga-tion under which most of them stood to this colony, should have



restrained them, without the consent of the body of this colony first had, and in concurrence with them, upon mature deliberation and conviction of duty yet wanting, we cannot but again testify against as disorderly in them, and which admission, on your parts, we conceive, your Christian prudence might have easily suspended, for prevention of that great offence to the consciences of your con-federate brethren, and those sad consequences which have fol-lowed, disturbing the peace of our towns, destroying our com-forts, hazard of our lives and liberties, by their frequent threats and unsufferable provocations, hath been, and is, with us, matter of complaint, both to God and man; especially when we consider, that thus you admitted them and put power into their hands, be-fore you had made any overture to us, or had any treaty with us, about so weighty a business, as if you were in haste to make us miserable, as indeed, in these things, we are at this day.

And seeing upon the answer returned to your propositions made by you afterwards, of joining with you in your government, finding ourselves already so dismembered, and the weighty grounds and reasons we then presented to you, we could not pre-vail so far with you, as to procure a respite of your further proceed-ings, until Mr. Winthrop's return from England, or the grant of any time that way, which was thought but reasonable by some of yourselves, and the like seldom denied in war to very enemies, we saw it then high time and necessary (fearing these beginnings) to appeal unto his majesty, and so we did, concluding according to the law of appeals, in all cases and among all nations, that the same, upon your allegiance to his majesty, would have obliged you to forbear all further process in this business; for our own parts resolving (notwithstanding all that we had formerly suffered) to sit down patient under the same, waiting upon God for the issue of our said appeal. But seeing that, notwithstanding all that we had presented to you by word and writing-notwithstanding our ap-peal to his majesty-notwithstanding all that we have suffered, (by means of that power you have set up, viz. a constable at Stamford,) of which informations have been given you, yet you have gone further, to place a constable at Guilford, in like manner, over a party there, to the further disturbance of our peace and quiet, a narrative whereof, and of the provocations and wrongs we have met with at Stamford, we have received, attested to us by divers witnesses, honest men. We cannot but, on behalf of our appeal to his majesty, whose honour is highly concerned therein, and of our just rights, but (as men exceedingly afflicted and grieved) testify in the sight of God, angels, and men, against these things. Our end therein being not to provoke or further any offence, but rather as a discharge of duty, on our parts, as brethren and Chris-tian confederates, to call upon you, to take some effectual course to ease and right us, in a due redress of the grievances you have



caused by these proceedings; and that after you had compli-mented us with large offers of patent privileges, with desire of a treaty with us for union of our colonies; and you know, as your good words were kindly accepted, so your motion was fairly answered by our committee. That in regard we were under an ap-peal to his majesty, that being limited by our freemen, not to con-clude any thing for altering our distinct colony state and govern-ment, without their consent, and without the approbation of the other confederate colonies, they were not in present capacity so to treat; but did little suspect such a design on foot against us, the effect whereof quickly appeared at Guilford, before mentioned.

But we shall say no more at this time, only tell you, whatever we suffer by your means, we pray the Lord would help us to choose it, rather than to sin against our consciences, hoping the righteous God will, in due time, look upon our affliction, and incline his maj-esty's heart to favour our righteous cause.

Subscribed in the name, and by order of the general court of New-Haven colony.

Per james bishop, Secretary,

New-Haven, May 6th, 1663.


Governor Winthrop's letter to Connecticut, March 3dt 1663.


I AM informed by some gentlemen, (who are authorized to seek remedy here,) that since you had the late patent, there hath been injury done to the government of New-Haven, and, in particular, at Guilford and Stamford, in admitting of several of the inhabi-tants there unto freedom with you, and appointing officers, which hath caused divisions in the said towns, which may prove of dan-gerous consequence, if not timely prevented; though I do hope the rise of it is from misunderstanding, and not in design of preju-dice 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 for advantage to both: And further 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 have been done, by admitting of freemen, or appointing officers, or other unjust intermeddling with New-Haven colony, in one kind or other, without the appro-bation of the government, that it be forthwith recalled, and that, for the future, there will be no imposing in any kind 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 having engaged to their agent here, that this will be by you performed, and they have thereupon forborne to give you or me any trouble; but they do not doubt, but upon future consideration, there may be such a right understanding between both governments, that an union and friendly joining may be established, to the satisfaction of all; which, at my arrival, I shall also endeavour (God willing) to promote. Not having more at present, in this case, I rest,

Your humble servant,

john winthrop.

London, March 3d, I662.1


His majesty's commission to Colonel Nichols, Sir Robert Carr, knight, and others, for the settlement of boundaries, &c. April 26th, 1664.


Charles the second, by the grace of God, king of England, Scot-land, France, and Ireland, defender of the faith, &c. To all to whom these presents shall come, Greeting. WHEREAS we have received several addresses from our sub-jects of several colonies of New-England, all full of duty and affection, and expressions of loyalty and allegiance to us, with their humble desires to us, that we would renew their several char-ters, and receive them into our favourable opinion and protection: And several of our colonies there, and other our loving subjects, have likewise complained of differences and disputes arisen upon the limits and bounds of their several charters and jurisdictions, whereby unneighbourly and unbrotherly contentions have and may arise, to the damage and discredit of the English interest; and that all our good subjects residing there, and being planters within the several colonies, do not enjoy the liberties and privi-leges granted unto them by our several charters, upon confidence and assurance of which they transported themselves and their es-tates into those parts: And we having received some addresses

1This, according to the present way of dating, was March 3d, 1663.



from the great men and natives of those countries, in which they complain of breach of faith, and acts of violence and injustice, which they have been forced to undergo from our subjects, where-by not only our government is traduced, but the reputation and credit of the Christian religion brought into prejudice and re-proach, with the Gentiles and inhabitants of those countries, who know not God, the reduction of whom to the true knowledge and fear of God, is the most worthy and glorious end of these planta-tions. Upon all which motives, and as an evidence and manifesta-tion of our fatherly affection towards all our subjects in those several colonies of New-England, (that is to say,) of the Massa-chusetts, Connecticut, New-Plymouth, Rhode-Island, and Provi-dence plantations, and all other plantations which are in that tract of land known under the appellation of New-England; and to the end that we may be truly informed of the state and condition of our good subjects there, that so we may the better know how to contribute to the further improvement of their happiness and prosperity:

Know ye, therefore, that we, reposing especial trust and confi- dence in the fidelity, wisdom, and circumspection of our trusty and well beloved colonel Richard Nichols, Sir Robert Carr, knight, George Cartwright, Esq. and Samuel Maverick, Esq. of our especial grace, certain knowledge, and mere motion, have made, ordained, constituted, and appointed, and do by these presents make, ordain, constitute, and appoint the said colonel Richard Nichols, Sir Robert Carr, knight, George Cartwright, and Samuel Maverick, Esquires, our commissioners; and do hereby give and grant unto them, or any three or two of them, or of the survivors of them, (of whom we will the said colonel Richard Nichols, during his life, shall be always one, and upon equal divis- ion of opinions, to have the casting and decisive voice,) in our name, to visit all and every the several colonies aforesaid, and also full power to hear and receive, and to examine and determine all complaints and appeals, in all causes and matters, as well military as criminal and civil, and proceed in all things for the providing for and settling the peace and security of the said country, accord- ing to their good and sound discretions, and to such instructions as they or the survivors of them have, or shall, from time to time, receive from us in that behalf, and from time to time, as they shall find expedient, to certify us or our privy council, of their actings or proceedings touching the premises; and for the doing thereof, or any other matter or thing relating thereunto, these presents, or the enrolment thereof, shall be unto them, and every of them, a sufficient warrant and discharge in that behalf. In witness where- of, we have caused these our letters to be made patent. Given at the court at Whitehall, the 26th day of April, 1664, and in the six- teenth year of our reign.





His majesty's gracious letter to the governor and company of Connecti-cut, accompanying the commission, April 23d, 1664.


TRUSTY and well beloved, we greet you well, having, accord-ing to the resolution we declared to Mr. John Winthrop, at the time when we renewed your charter, now sent these persons of known abilities and affections to us, that is to say, colonel Richard Nichols, Sir Robert Carr, knight, George Cartwright, Esq. and Samuel Maverick, Esq. our commissioners, to visit those our sev-eral colonies and plantations in New-England, to the end that we may be the better informed of the state and welfare of our good subjects, whose prosperity is very dear to us; we can make no question but that they shall find that reception from you which may testify your respect to us, from whom they are sent for your good. We need not tell you how careful we are of your liberties and privileges, whether ecclesiastical or civil, which we will not suffer to be violated in the least degree; and that they may not be is the principal business of our said commissioners, as likewise to take care that the bounds and jurisdictions of our several colonies there may be clearly agreed upon; that every one may enjoy what of right belongeth unto them, without strife or contention; and especially that the natives of that country, who are willing to live peaceably and neighbourly with our English subjects, may re-ceive such justice and civil treatment from them, as may make them the more in love with their religion and manners; so not doubting of your full compliance and submission to our desire, we bid you farewell. Given at our court at Whitehall, the 23d day of April, 1664, in the sixteenth year of our reign. By his majesty's command,

henry bennit.


The Duke and Duchess of Hamilton's petition to King Charles second, and his majesty s reference of the case to his commissioners, May 6th, 1664.

To the King's most excellent majesty. The humble petition of William, Duke of Hamilton, and Anne,

Duchess of Hamilton; Sheweth,

THAT whereas in the eleventh year of the reign of your royal father, of ever blessed memory, the council established at Plym-outh in the county of Devon, for planting, ordering and govern-ing of New-England in America (according to the power given



them in the eighteenth year of the reign of the late king James, by his letters patent, bearing date the third day of November) did for a competent sum of money and other valuable considerations, bargain and sell unto the petitioners' father, by the name of James, Marquis Hamilton, his heirs and assigns, all that part and portion of the main lands in New-England, lying and beginning, at the middle part of the mouth of the river Connecticut, to proceed along the sea coast to be accounted about sixty miles, and so up to the westward arm of the river into the land northwestward till sixty miles be finished, and so to cross southwestward till sixty miles, all which part and portion of lands were to be called by the name of the county of New-Cambridge, with several other lands and privileges as by the said deed of feoffment doth more fully ap-pear, a copy whereof is hereunto annexed. Since which time and by reason of the late unhappy war several persons have possessed themselves of the best and most considerable parts of the said lands, without any acknowledgment of your petitioners' right. Your petitioners therefore most humbly pray, that your majesty will be graciously pleased to recommend the premises to your maj-esty's commissioners for New-England, and that care may be taken that your petitioners may be restored to their just right, and that nothing be done to their prejudice.

At the court at Whitehall, the 6th May, 1664. His majesty is graciously pleased to refer this petition to the commissioners now employed by his majesty to settle the affairs of New-England, who are to examine the allegations thereof, and upon due consideration had, to preserve and restore to the peti-tioners their just right and interest, or otherwise to report their opinions thereupon to his majesty, who will then declare his further pleasure, for the honorable petitioners' just satisfaction.1

henry bennit.


The determination of his majesty's commissioners, relative to the boun-daries of his royal highness, the Duke of York's patent and of the patent of Connecticut, November 30th, 1664.

BY virtue of his majesty's commission, we have heard the dif-ferences about the bounds of the patents granted to his royal high-ness the Duke of York, and his majesty's colony of Connecticut- and having deliberately considered all the reasons alleged by Mr. Alien, senior, Mr. Gould, Mr. Richards, and captain Winthrop, appointed by the assembly held at Hartford, the 13th day of Oc-tober, 1664, to accompany John Winthrop, Esq. the governor of his majesty's colony of Connecticut, to New-York, and by Mr.

1Old Book of Letters, &c. p. 138



Howell and captain Young, of Long-Island, why the said Long-Island should be under the government of Connecticut; which are too long here to be recited: we do declare and order, that the southern bounds of his majesty's colony of Connecticut, is the sea; and that Long-Island is to be under the government of his royal highness the Duke of York; as is expressed by plain words in the said patents respectively. And also by virtue of his majesty's commission and by the consent of both the governor and the gen-tlemen above named, we also order and declare, that the creek or river called Momoronock, which is reputed to be about twelve miles to the east of West-Chester, and a line drawn from the east point or side, where the fresh water falls into the salt, at high-water mark, north-northwest to the line of the Massachusetts, be the western bounds of the said of colony of Connecticut, and the plantations lying westward of that creek, and line so drawn, to be under his royal highness's government; and all plantations lying eastward of that creek, and line to be under the government of Connecticut. Given under our hands at Fort James, in New-York, on Manhattans Island, this 30th day of November 1664.

richard nichols,

george cartwright,

samuel maverick.

We underwritten, on behalf of the colony of Connecticut, have assented unto this determination of his majesty's commissioners, in relation to the bounds and limits of his royal highness the duke's patent, and the patent of Connecticut.1

john winthrop,

matthew allen,

nathan gould,

james richards,

john winthrop.

November 30, 1664.


Letter of New-Haven to Connecticut, Dec. 14, 1664.

honored gentlemen,

WE have been silent hitherto, as to the making of any griev-ance known unto the king's commissioners, notwithstanding what may be with us of such nature, from the several transactions that have been among us, and are desirous so to continue the manag-ing of these affairs in ways consistent with the ancient confedera-tion of the united colonies, choosing rather to suffer, than to be-gin any motion hazardful to New-England settlements; in pur-suance whereof (according to our promise to your gentlemen, sent lately to demand our submission, though in a divided if not

1Old Book, &c. p. 2.



dividing way, within our towns, severally seeking to bring us under the government of yourselves already settled, wherein we have had no hand to settle the same, and before we had cleared to our conviction, the certain limits of your charter, which may justly increase the scruple of too much haste in that and former actings upon us) the generality of our undivided people have or-derly met this I3th of the tenth month (64) and by the vote en-dorsed, have prepared for this answer to be given of our submis-sion, which being done by us, then for the accommodation of mat-ters betwixt us in an amicable way, by a committee impowered to Issue with you on their behalf, and in the behalf of all concerned, according to instructions given to the said committee. We never did, nor even do intend to damnify your moral rights or just privi-leges, consistent with our like honest enjoyments, and we would hope that you have no further step towards us, not to violate our government interest, but to accommodate us with that we shall desire, and the patent bear, as hath been often said you would do; and surely you have the more reason to be full with us herein, seeing that your success for patent bounds with those gentlemen now obtained, seems to be debtor unto our silence before them, when as you thus by single application and audience issued that matter: you thus performing to satisfaction, we may still rest silent, and according to profession, by a studious and cordial en-deavour with us to advance the interest of Christ in this wilderness, and by the Lord's blessing thereupon, love and union between us may be greatly confirmed, and all our comforts enlarged, which is the earnest prayer of, gentlemen, your loving friends and neigh-bours, the committee, appointed by the freemen and inhabitants of New-Haven colony, now assembled.

james bishop,

Secretary. New-Haven, December 14, 1664.


Letter of Connecticut to New-Haven, in answer to the preceding letter, December 21st, 1664.

Hartford, Dec. 21st, 1664.

honored gentlemen,

WE have received yours, dated the I4th of this instant, signed by James Bishop, &c. wherein you are pleased to mention your silence hitherto, as to the making any grievance known to his maj-esty's commissioners, notwithstanding what may be with you, &c. we can say the same, though we had fair opportunities to present any thing of that nature; as for your desire to manage affairs con-sistent with the confederation, the present motion will, we hope,



upon a candid review, not appear any ways dissonant therefrom; for besides the provision made in one of the articles of confedera-tion for two colonies uniting in one, there was special provision, as you well know, made at the last session of the commissioners to that purpose, conjoined with pathetical advice and counsel, to an amicable union. Our too much forwardness, with New-Haven, &c. is not so clear, seeing those plantations you inhabit are much about the center of our patent, which our charter limits, as also the inclosed determination of his majesty's honorable commis-sioners, will, to your conviction, be apparent; that our success for patent bounds with the king's commissioners is debtor to your silence, seems to us strange, when your non-compliance was so abundantly known to those gentlemen, yea, the news of your mo-tions, when Mr. Joseph Alien was last with you, was at New-York, before our governor's departure thence; notwithstanding your silence, and yet so good an issue obtained, we desire such reflec-tions may be buried in perpetual silence, which only yourselves necessitating thereunto, shall revive them, being willing to pur-sue truth and peace as much as may be with all men, especially with our dear brethren in the fellowship of the gospel, and fellow-members of the same civil corporation, accommodated with so many choice privileges, which we are willing, after all is prepared to your hands, to confer upon you equal with ourselves, which we wish may at last produce the long desired effect of your free and cordial closure with us, not attributing any necessity imposed by us, further than the situation of those plantations in the heart of our colony, and therein the peace of posterity in these parts of the country is necessarily included, and that after so long liberty to present your plea when you have seen meet. Gentlemen, we de-sire a full answer as speedily as may be, whether those lately em-powered, accept to govern according to their commission, if not, other meet persons to govern may by us be empowered in their room; thus desiring the Lord to unite our hearts and spirits in ways well pleasing in his sight, which is the prayer of your very loving friends, the council of the colony of Connecticut. Signed by their order, by me,

john allen, Secretary.


The final reply of New-Haven to Connecticut.

New-Haven, Jan. 5, 1664-5.

honored gentlemen,

WHEREAS by yours, dated December 21st, 1664, you please to say, that you did the same as we, not making any grievances known to the commissioners, &c. unto that may be returned, that



you had not the same cause so to do from any pretence of injury, by our intermeddling with your colony or government interest, unto which we refer that passage for our expressing desires to manage all our matters in confederacy with the confederation, we hope you will not blame us. How dissonant or consonant your actings with us have been, we leave to the confederation to judge, as their records may show-that article, which allows two colonies to join, doth also, with others, assert the justness of each colony's distinct rights, until joined to mutual satisfaction, and the pro-vision made in such case the last session, we gainsay not, when the union is so completed, and a new settlement of the confedera-tion, by the respective general courts, accomplished. Their pa-thetical advice for an amicable union, we wish may be so attended -in order thereunto, we gave you notice of a committee prepared to treat with you, for such an accommodation, unto which you gave us no answer, but instead thereof, sent forth your edict from authority upon us, before our conviction for submission was de-clared to you. The argument from our intermixt situation, is the same now as it was before our confederating and ever since, and affords no more ground now to disannul the government than be-fore. We might marvel at your strange, why we should think your success should be debtor to our silence, and that because the news of our non-compliance was with the commissioners, as if the mere news of such a thing contained the strength of all we had to say or plead. Gentlemen, we intreat you to consider, that there is more in it than so, yea, that still we have to allege things of weight, and know where and how, if we chose not rather to abate and suffer, than by striving to hazard the hurting yourselves or the common cause. We scope not at reflections, but conviction and conscience satisfaction, that so brethren in the fellowship of the gospel might come to a cordial and regular closure, and so to walk together in love and peace, to advance Christ his interest among them, which is all our design: But how those high and holy ends are like so to be promoved between us, without a treaty for accommodation we have cause to doubt; yet that we may not fail in the least to perform whatever we have said, we now signify, that having seen the copy of his majesty's commissioners' deter-mination (deciding the bounds betwixt his highness the Duke of York, and Connecticut charter) we do declare submission there-unto according to the true intent of our vote, unto which we refer you. As to that part of yours concerning our magistrates and officers acceptance, their answer is, that they having been chosen by the people here to such trust and sworn thereunto for the year ensuing, and until new be orderly chosen, and being again desired to continue that trust, they shall go on in due observance thereof according to the declaration left with us by Mr. John Alien and Mr. Samuel Sherman, bearing date November 19th, 1664; in



hopes to find that in a loving treaty for accommodating matters to the ends professed by you; unto which our committee stands ready to attend, upon notice from you; that so truth and peace may be maintained. So shall we not give you further trouble, but remain, gentlemen, your very loving friends and neighbours, the committee appointed by the freemen and inhabitants of New-Haven colony.

Signed per their order, per me,

james bishop, Secretary.


The answer of Connecticut to the claim and petition of the Duke and Duchess of Hamilton, March 25th, 1665.1

THE king's commissioners had written to the colony, request-ing, "That they might have something in writing to return to the king, concerning the grant of sixty miles square on the eastern side of Connecticut river, to James, Marquis of Hamilton, from the council of Plymouth in Devon, 1631, and to know in what par-ticulars it was desired, that they should be solicitors to his majesty for the advantage of the colony," which they declared they would cordially endeavour.

In consequence of which the following answer was given. To the Honorable Sir Robert Carr, knight, George Cartwright, Esq. and Samuel Maverick, Esq. his majesty's honorable com-missioners.

IN answer to Duke Hamilton's petition, respecting a grant of land of sixty miles square, on the east side the river Converticu.

1. We are wholly ignorant of any river within the extent of our charter, that is known under such an appellation, and therefore cannot conceive that any part or tract of land, under this govern-ment, is concerned in this demand.

2. Yet upon supposition that it may be conceived to intend Con-necticut river, we humbly conceive that the original patent grant, from royal authority to the Lord Say and other nobles and gen-tlemen, which we purchased at a dear rate, is lately ratified and confirmed by our gracious sovereign, under the broad seal of Eng-land (the most absolute and unquestionable security of the Eng-lish subjects) in which grants the lands forementioned are com-prised. The grant to Connecticut was precedent to that of Duke Hamilton's several years, which gives us to conclude, that priority of title will be settled by priority of grant.

3. A considerable tract of this land which the duke's petition refers to (if as before supposed, it be determined Connecticut) was

1This is the date of the letter of the king's commissioner. The reply is not dated. Col. Rec. 3 : 334.-J. T.



possessed by a people most malignantly spirited against his maj-esty's English subjects, and at our first settling here, when we were weak and few, they grew very insolent against us, making invasion upon us, murdering many of our people, thereby necessitating us to a hazardous undertaking, to cast ourselves into the arms of God's providence, in endeavouring to suppress those bloody heathen; and through divine benediction we found a good suc-cess; and though that wilderness land would not afford any con-siderable recompence for the loss of lives and great expenses, yet our peace attained by that conquest did greatly rejoice us.

4. We have had peaceable possession this thirty years, free from the least claim of any other, that we heard of, to this day; which persuades us that if the duke's highness had ever reason, by virtue of his grant, to make claim, yet that right pretended is extinct in law many years since.

His majesty, our gracious sovereign, was pleased of his abun-dant favor and grace, to his subjects of this colony, so far to declare his free reception of the reasons forementioned, of our purchase made, and conquest recovered, and likewise of our im-provement and labor bestowed upon those lands, as to insert them as motives to that late renewal of our charter.

We humbly crave, that as it hath been his majesty's royal pleas-ure to manifest his tender affection to, and care of his subjects' welfare in these his colonies of New-England, in sending over his honorable commissioners to compose and issue those things that might be of ill consequence between the several colonies, so like-wise that it be well pleasing to his majesty, that this his colony of Connecticut might be freed from further trouble or inconvenience by this claim, that we understand hath been presented by the Mar-quis Hamilton.

And whereas, your honors are pleased so far to exercise your thoughts about the promotion of the welfare of his majesty's sub-jects in this his colony, as to vouchsafe us so favorable a tender to be solicitors in our behalf to his majesty our gracious sovereign, in any particulars wherein we may be advantaged, we crave your honors' assistance as followeth.

1. That his majesty would be graciously pleased to silence the claim of Duke Hamilton, if any be by him pretended or presented, to any tract of land lying or being within the precincts of our charter (renewed and established to us by our royal sovereign) and possessed and improved by several poor people, whose prog-ress in their labors and endeavours for their subsistence (at the best very mean) will be impeded and obstructed through fear of the event of such claims.

2. Whereas, the colony is at a very low ebb in respect of traf-fick, and although, out of a respect to our relation to the English nation, and that we might be accounted a people under the sover-



eignty and protection of his majesty the king of England, we pre-sumed to put the name or appellation of New-London upon one of our towns, which nature hath furnished with a safe and com-modious harbour, though but a poor people, and discapacitated in several respects to promote traffick; we humbly crave of our gra-cious sovereign, that he would be pleased out of his princely bounty, to grant it be a place of free trade for seven, ten, or twelve years, as his royal heart shall incline to confer as a boon upon his poor, yet loyal subjects.

3. We request of your honors, I. That you will please to repre-sent unto his majesty our allegiance, with our ready acknowledg-ment of his princely grace in the late renewal of our charter. 2. His more abundant grace in re-ratifying our privileges both civil and ecclesiastic, in his late gracious letter sent to us by your honors. 3. Our ready compliance with his majesty's royal will and pleasure therein expressed. 4. Our Christian moderation to men of different persuasions. 5. We humbly implore the contin-uance of the shines of his royal favor upon our mean beginnings, that so we may flourish under the benign aspect of our lord the king.1


The Reverend Mr. John Davenport's resignation of Governor Hopkins's donation to the general court of New-Haven, May 4th, 1660.

Quod felix faustumque sit!

On the 4th day of the fourth month, 1660, John Davenport, pas-tor of the church of Christ at New-Haven, presented to the honor-able general court at New-Haven, as followeth; memorandum,

I. That, sundry years past, it was concluded by the said general court, that a small college, such as the day of small things will permit, should be settled in New-Haven, for the education of youth in good literature, to fit them for public services, in church and commonwealth, as it will appear in the public records.

II. Thereupon, the said John Davenport, wrote unto our hon-ored friend, Edward Hopkins, Esq. then living in London, the re-sult of those consultations. In answer whereunto, the said Ed-ward Hopkins wrote unto the said John Davenport, a letter, dated the 3Oth of the second month, called April, 1656, beginning with these words,

most dear sir,

The long continued respects I have received from you, but es-pecially, the speakings of the Lord to my heart, by you, have put me under deep obligations to love and a return of thanks beyond

1This is an attested copy, in the old letter book, p. 128, 129, 130.



what I have or can express, &c. Then after other passages (which being secrets hinder me from shewing his letters) he added a decla-ration of his purpose in reference to the college about which I wrote unto him, That which the Lord hath given me in those parts, I ever designed, the greatest part of it, for the furtherance of the work of Christ in those ends of the earth, and if I understand that a college is begun and like to be carried on, at New-Haven, for the good of posterity, I shall give some encouragement thereunto. These are the very words of his letter. But,

III. Before Mr. Hopkins could return an answer to my next letter it pleased God to finish his days in this world: Therefore, by his last will and testament (as the copy thereof transcribed and at-tested, by Mr. Thomas Yale, doth shew) he committed the whole trust of disposing his estate in these countries (after some personal legacies were paid out) unto the public uses mentioned, and be-queathed it to our late honored governor, Theophilus Eaton, Esq. his father in law, and to the aforesaid John Davenport, and joined with them, in the same trust, captain John Cullick, and Mr. Will-iam Goodwin.

IV. It having pleased the most high to afflict this colony greatly by taking from it to himself, our former ever honored governor, Mr. Eaton, the surviving trustees and legatees met together, to consider what course they should take for the discharge of their trust, and agreed that each of them should have an inventory of the aforesaid testator's estate in New-England, in houses and goods and lands, (which were prized by some in Hartford intrusted by captain Cullick and Mr. Goodwin) and in debts, for the gathering in whereof some attorneys were constituted, empowered and em-ployed by the three surviving trustees, as the writing in the magis-trates' hand will shew.

V. Afterwards, at another meeting of the said trustees, they considering that by the will of the dead, they are joined together in one common trust, agreed to act together, with mutual consent, in performance thereof; and considering, that by the will of the testator, two of New-Haven were joined with two of Hartford, and that Mr. Hopkins had declared his purpose to further the col-lege intended at New-Haven, they agreed that one half of that es-tate which should be gathered in, should be paid unto Mr. Daven-port for New-Haven, the other half to captain Cullick and Mr. Goodwin, to be improved for the uses and ends fore noted where they should have power to perform their trust, which, because they would not expect to have at Hartford, they concluded it would be best done by them in that new plantation unto which sundry of Hartford were to remove, and were now gone: yet they agreed that out of the whole 100l. should be given to the college at Cam-bridge, in the bay; the estate being 1000l. as captain Cullick be-lieved it would be, which we now see cause to doubt, by reason of



the sequestrations laid upon that estate, and still continued by the general court at Hartford, whereupon some refuse to pay their debts, and others forsake the purchases they had made, to their great hindrance of performing the will of the deceased, according to the trust committed to them, and to the great endamagement of the estate.

VI. The said John Davenport acquainted the other two trus-tees with his purpose, to interest the honored magistrates and elders of this colony in the disposal of that part of the estate, that was by their agreement to be paid thereunto, for the promoving the college work in a gradual way, for the education of youth in good literature, so far as he might, with preserving in himself, the power committed to him for the discharge of his trust: they con-sented thereunto. Accordingly, on the election day, it being the 3Oth day of the third month, he delivered up unto the hands of the honored governor and magistrates the writings that concern this business: (viz. the copy of Mr. Hopkins his last will and testament, and the inventory of his estate in New-England, and the appraise-ment of his goods, and the writings signed by the surviving trus-tees for their attornies, and some letters between the other trus-tees and himself,) adding also his desire of some particulars for the well performing the trust as followeth:

1. He desireth of New-Haven town,

First, That the rent of the oyster shell fields, formerly separated and reserved for the use and benefit of a college, be paid from this time forward, towards the making of some stock for disburse-ments of necessary charges towards the college till it be set up, and afterwards to continue for a yearly rent as belonging to it, under the name and title of college land.

Secondly, That if no place can be found more convenient, Mrs. Eldred's lot be given for the use of the college, and of the colony grammar school, if it be in this town, else only for the college.

Thirdly, That parents will keep such of their sons constantly to learning in the schools, whom they intend to train up for public serviceableness, and that all their sons may learn, at least, to write and cast up accounts competently, and may make some entrance into the latin tongue.

Fourthly, That if the colony settle 40l. per annum, for a com-mon school, and shall add 100l. to be paid towards the building or buying of a school house and library in this town, seeing thereby this town will be freed from the charges which they have been at hitherto to maintain a town school, they would consider what part of their former salary may be still continued for future supplies towards a stock for necessary expenses about the college or school.

2. He humbly desireth the honored general court of the colony of New-Haven,



First, That the 40l. per annum formerly agreed upon, to be paid by the several plantations, for a common grammar school, be now settled in one of the plantations which they shall judge fittest, and that a school master may forthwith be provided to teach the three languages, Latin, Greek, and Hebrew, so far as shall be necessary to prepare them for the college, and that if it can be accomplished, that such a school master be settled by the end of this summer, or the beginning of winter. The payments from the several plantations may begin from this time.

Secondly, That if the common school be settled in this town, the honored governor, magistrates, elders, and deputies, would solemnly and together visit the grammar school once every year, at the court for elections, to examine the scholars' proficiency in learning.

Thirdly, That for the payments to be made by the plantations, for the school, or out of Mr. Hopkins' estate, towards the college, one be chosen by themselves, under the name and title of stew-ard, or receiver, for the school and college, to whom such pay-ments may be made, with full power given him by the court to demand what is due, and to prosecute in case of neglect, and to give acquittances in case of due payments received, and to give his account yearly to the court, and to dispose of what he receiv-eth in such provisions as cannot be well kept, in the best way for the aforesaid uses according to advice.

Fourthly, That unto that end a committee of church members be chosen to meet together and consult and advise, in emergent difficult cases, that may concern the school or college, and which cannot be well delayed till the meeting of the general court, the governor being always the chief of that committee.

Fifthly, The said John Davenport desireth, that while it may please god to continue his life, and abode in this place, (to the end that he may the better perform his trust) in reference to the college, that he be always consulted in difficult cases, and have the power of a negative vote, to hinder any thing from being acted which he shall prove by good reason to be prejudicial to the true intendment of the testator, and to the true end of this work.

Sixthly, That certain orders be speedily made for the school, and when the college shall proceed, for it also; that the education of youth may be carried on suitably to christ's ends, by the counsel of the teaching elders in this colony; and that what they shall conclude with consent, being approved by the honored mag-istrates, be ratified by the general court.

Seventhly, Because it is requisite that the writings which con-cern Mr. Hopkins his estate be safely kept; in order thereunto, the said John Davenport desireth that a convenient chest be made, with two locks and two keys, and be placed in the house of the governor, or of the steward, in some safe room, till a more public



place (as a library or the like) may be prepared; and that one key be in the hands of the governor, the other in the steward's hands. That in this chest all the writings now delivered by him to the magistrates may be kept; and all other bills, bonds, ac-quittances, orders, or whatsoever writings that may concern this business be put and kept there; and that some place may be agreed on where the steward or receiver may lay up such provi-sions as may be paid in, till they may be disposed of for the good of the school or college.

Eighthly, Because our sight is narrow and weak, in viewing and discerning the compass of things that are before us, much more in foreseeing future contingencies, he further craveth liberty for himself and other elders of this colony, to propound to the hon-ored governor and magistrates what hereafter may be found to be conducible to the well carrying on of this trust, according to the ends proposed, and that such proposals may be added unto these, under the name and title of useful additional; and confirmed by the general court.

Lastly, He hopeth he shall not need to add, what he expressed by word of mouth, that the honored general court will not suffer this gift to be lost from the colony, but as it becometh fathers of the commonwealth, will use all good endeavours to get it into their hands, and to assert their right in it for the common good; that posterity may reap the good fruit of their labors, and wis-dom, and faithfulness; and that jesus christ may have the ser-vice and honor of such provision made for his people; in whom I rest.

john davenport.


Letter of his majesty king Charles II. to Connecticut, April 10th, 1666.


TRUSTY and well beloved, we greet you well, having received so full and satisfactory an account from our commissioners, both of the good reception you have given them, and also of your duti-fulness and obedience to us, we cannot but let you know how much we are pleased therewith, judging that respect of yours towards our officers to be the true and natural fruit which demon-strates what fidelity and affection towards us is rooted in your hearts; and although your carriage doth of itself most justly deserve bur praise and approbation, yet it seems to be set off with the more lustre by the contrary deportment of the colony of the Massachusetts, as if by their refractoriness they had designed to recommend and heighten the merit of your compliance with our directions, for the peaceable and good government of our



subjects in those parts: you may therefore assure yourselves that we shall never be unmindful of this your loyal and dutiful be-haviour, but shall, upon all occasions, take notice of it to your advantage, promising you our constant protection and royal fa-vor, in all things that may concern your safety, peace and wel-fare; and so we bid you farewell. Given at our court, at White-hall, the l0th day of April, 1666, in the eighteenth year of our reign. By his majesty's command,

william morrice.

Superscribed to our trusty and well beloved, the governor and council of the colony of Connecticut, in New-England.


An address to king William, June 13th, 1689.

To the king's most excellent majesty.

The humble address of your majesty's dutiful and loyal subjects, the governor and company of your majesty's colony of Con-necticut, in New-England.

GREAT Sovereign,

GREAT was that day, when the Lord, who sitteth upon the floods, and sitteth king forever, did divide his and your adver-saries from one another, like the waters of Jordan forced to stand upon an heap, and did begin to magnify you like Joshua, in the sight of all Israel, by those great actions that were so much for the honor of God, and the deliverance of the English dominions from popery and slavery, and all this separated from those sor-rows that usually attend the introducing of a peaceable settlement in any troubled state; all which doth affect us with the sense of our duty to return the highest praise unto the KING of KINGS, and LORD of HOSTS, and bless HIM, who hath delighted in you, to sit you on the throne of his Israel, and to say because the LORD loved Israel forever, therefore hath he made you king to do justice and judgment, &c. also humble and hearty acknowl-edgment for that great zeal, that by your majesty hath been ex-pressed in those hazards, you have put your royal person to, and in the expense of so great treasure in the defence of the prot-estant interest. In the consideration of all which, we, your maj-esty's dutiful and loyal subjects of your said colony, are encour-aged humbly to intimate that we, with much favor, obtained a charter of king Charles the II. of happy memory, bearing date April 23d, 1662, in the I4th year of his reign, granted to the governor and company of his majesty's colony of Connecticut, the advantages and privileges whereof made us indeed a very



happy people, and by the blessing of GOD upon our endeavours, we have made a considerable improvement of your dominions here; which, with the defence of ourselves from the force of both foreign and intestine enemies, has cost us much expense of treas-ure and blood; yet in the second year of the reign of his late majesty king James the II. we had a quo-warranto served upon us by Edward Randolph, requiring our appearance before his maj-esty's court, in England; and although the time of our appear-ance was elapsed before the serving the said quo-warranto, yet we humbly petitioned his majesty for his favor, and the contin-uance of our charter, with the privileges thereof; but we received no other favor but a second quo-warranto, and we well observing that the charter of London, and other considerable cities in Eng-land were condemned, and that the charter of the Massachusetts had undergone the like fate, plainly saw what we might expect, yet we not judging it good or lawful to be active in surrendering what had cost us so dear, nor to be altogether silent, we empow-ered an attorney to appear on our behalf, and to prefer our humble address to his majesty, to entreat his favor quickly upon it; but as Sir Edmund Andross informed us he was empowered by his majesty to regain the surrender of our charter, if we saw meet so to do, and to take ourselves under his government; also colonel Thomas Dungan, his majesty's governor of New-York, labored to gain us over to his government: we withstood all these motions, and in our reiterated addresses, we petitioned his maj-esty to continue us in the full and free enjoyment of our liberties and property, civil and sacred, according to our charter. We also petitioned, that if his majesty should not see meet to con-tinue us as we were, but was resolved to annex us to some other government, we then desired, that (in as much as Boston had been our old correspondents, and people whose principles and manners we had been acquainted with) we might be annexed rather to Sir Edmund Andross his government, than to colonel Dungan's, which choice of ours was taken for a resignation of our government, though that was never intended by us for such, nor had it the formalities in law to make it a resignation, as we humbly conceive, yet Sir Edmund Andross was commissioned, by his majesty, to take us under his government; pursuant to which about the end of October, 1687, he with a company of gen-tlemen and grenadiers, to the number of sixty or upwards came to Hartford (the chief seat of this government) caused his com-mission to be read and declared our government to be dissolved, and put into commission, both civil and military officers through our colony, as he pleased, where he passed through the principal parts thereof. The good people of the colony, though they were under a great sense of the injuries they sustained hereby, yet chose rather to be silent and patient than to oppose, being indeed sur-



prised Into an involuntary submission to an arbitrary power, but when the government we were thus put under, seemed to us, to be determined, and we being in daily fear and hazard of those many inconveniences, that will arise from a people in want of government, being also in continual danger of our lives by reason of the natives being at war with us, with whom we had just fears of our neighbouring French to join, not receiving any order or directions what method to take for our security, we were neces-sitated to put ourselves into some form of government, and there being none so familiar to us as that of our charter, nor what we could make so effectual for the gaining the universal compliance of the people, and having never received any intimation of an enrolment of that, which was interpreted a resignation of our charter, we have presumed, by the consent of the major part of the freemen, assembled for that end, May 9th, 1689, to resume our government, according to the rules of our charter, and this to continue till further order, yet as we have thus presumed to dispose ourselves, not waiting orders from your majesty, we humbly submit ourselves herein, intreating your majesty's most gracious pardon, and that what our urgent necessity hath put upon us, may no ways interrupt your majesty's grace and favor towards us, your most humble and dutiful subjects, but that in your clemency you would be pleased to grant us such directions as to your princely wisdom may seem meet, with such ratifica-tions and confirmations of our charter, in the full and free en-joyment of all our properties, privileges, and liberties, both civil and sacred, as therein granted to us, by your royal predecessor, king Charles the II. which may yet further insure it an inher-itance to us and our posterities after us, with what farther grace and favor your royal and enlarged heart may be moved to confer upon us; which, we trust, we shall not forget nor be unprofit-able under; but as we have this day with the greatest expressions of joy, proclaimed your majesty and royal consort king and queen of England, France, and Ireland, with the dominions thereto be-longing, so we shall ever pray, that God would grant your maj-esties long to live, and prosperously to reign over all your do-minions, and that great and happy work you have begun may be prospered here and graciously rewarded with a crown of glory hereafter.

robert treat,

Governor. Per order of the general court of Connecticut, signed,

john allen,





Letter to governor Leisler, requiring the release of major-general Win throp) &c. September 1st, 1690.

hartford, Sept. 1st, 1690.

honorable sir,

By an express from our captains, at Albany, of the 27th August last, we are certified, that major-general Winthrop is made a prisoner, and that on our officers' request to the commander of the fort for his liberty to officiate in the army, yourself being pres-ent at Albany, their answer was, that if they would speak with the general, they might go to York; also that our commissary is under restraint; these are very unexpected and surprising as well as grievous tidings to us, and put us upon signifying to you, that it was upon a certain knowledge of major Winthrop's fidel-ity, prudence, and valor, that we did solicit him to undertake this service, and used our interest in the Massachusetts gentlemen to prevail with him therein, who having the same confidence in his virtues did so, and we thereon recommended him to you, who gave us to understand as great a value of him, and therefore de-sired his acceptance, which his honor accepting, though he were worthy of a tenfold greater command, he waited on you and his country; sir, these things are so radicated in all New-England, that your thus dealing cannot raise a jealousy in us of any thing unworthy so generous a soul, as is this gentleman, and though in honor to you, in your present capacity, we will suspend any censures which we might make on your unadvisedness in this action, yet we must in justice remember you of that article con-cluded by the commissioners at York, whereof you were one, namely, what was referred to the commander in chief and his council of war, which you in particular are not to overrule; if the return from Wood Creek, done by a council of war, be the matter which offends you, as it is generally said to be, consider how far that article, and the reason it is grounded on, lead to it; also, that the army being confederate, if you be concerned so are we, and the rest, and that you alone should judge upon the general's and council of war's actions, will infringe our liberty; but that which is worst in event is, that such actions will render our friendly correspondence too weak, to join in future attempts, which we may have but too much occasion for; for if our send-ing our best friends to join with you, prove a pitfall to them, it will necessitate our future forbearance, whatever the conse-quence be.

And sir, you necessitate us to tell you, that a prison is not a catholicon for all state maladies, though so much used by you,



nor are you incapable of need of, nor aid from their majesty's subjects in New-England; nor could you in any one action have more disobliged all New-England, and if you shall proceed in this way, you will certainly put all that gentleman's friends on his vindication, be the matter controverted what it will, he is of such estate and repute, as could not shun a just trial, and if your adherence to Mr. Milborn (whose spirit we have sufficient testi-mony of,) and other emulators of the major's honor, be greater than to ourselves and the gentlemen of the bay, you may boast of the exchange, by what profit you find. Sir, you cannot expect but we shall be warm with these matters, unless you prevent us by a timely and honorable release of the major, which is the thing we advise unto, and desire to hear from you with all speed, what our expectations may be on this account. We are giving account of this matter to the governor and council of Massachusetts, it is justly expected that your declaration to us all of the grounds of this your action, should have been as forward as the thing itself. We also move you to set our commissary at liberty, since he is of such use to our soldiers as he cannot be spared.


The determination of the king, in council, relative to the militia of Connecticut, April 19th, 1694.

A PETITION having been presented to his majesty, by major-general Fitz John Winthrop, agent for the English colony of Connecticut, in New-England, in America, in behalf of the said colony, by the name of the governor and company of the English colony of Connecticut, in New-England, in America, setting forth, that the petitioners by letters patents, under the great seal of England, in the fourteenth year of the reign of the late king Charles the second, were incorporated by the name of the gov-ernor and company of the English colony of Connecticut, in America, with powers as well for the civil administration of af-fairs, as the lieutenancy for the ordering, arraying, modelling, and conducting the militia, for the special defence of the colony; that from the date of the said grant, until the month of October last, they have enjoyed the said liberties and privileges, without for-feiture or molestation, except some interruption they received in the reign of king James the second; that colonel Fletcher, gov-ernor of New-York, in October last, by color of his majesty's commission, whereby for the uniting the forces of the said prov-ince and colony, he was created commander in chief of the militia of the said colony, did demand of the petitioners not only to submit to him, as lieutenant general and commander in chief over



the full quota of the militia of that colony, in conjunction with those of New-York and the adjacent governments, but likewise the particular lieutenancy of the said colony and the power of assessing, modelling, and establishing the militia thereof, the pe-titioners therefore humbly praying the said commission may re-ceive such explanation and restriction, as to his majesty in his royal justice and wisdom shall seem meet; and his majesty having been pleased to refer the said petition to the right honorable the lords of the committee of trade and plantations to consider the matter of the said petition, and to report what they conceive fit for his majesty to do therein; and the lords of the committee having received the report of their majesty's attorney general and solicitor general upon the matter of the said petition, together with the address of the colony of Rhode-Island, and touching the uniting the strength of those colonies against the French, which report is in the words following, May it please your lordships,

In obedience to your lordship's commands signified to us by Mr. Blaithwait, the 2d of January and the 3d of February last, by which we were to consider the several charters of Connecticut and Rhode-Island, and the grants of east and west New-Jersey, and to report our opinion upon the whole matter what may be clone for the uniting the strength of those colonies and New-York under a chief commander, to be commissioned by their majesties, for the defence of their majesty's subjects in those parts against the French, and also to consider the annexed copy of the petition of the governor and company of Connecticut, and to report our opinion thereupon, we have considered the matter to us referred, and do find that king Charles the II. by his charter, dated the 23d of April, in the I4th year of his reign, did incorporate John Winthrop, and several other persons therein named and all oth-ers who then were or after should be admitted and made free of the company, to be a corporation by the name of the governor and company of the English colony of Connecticut in New-Eng-land in America, with such powers, privileges and capacities, as are usually granted to corporations of like nature, and to have continuance and succession forever, and therein the bounds of the colony are described and a grant thereby made to the cor-poration of all land, soil, ground, havens, ports, jurisdictions, royalties, privileges, franchises and hereditaments, within the same or thereunto belonging, TO BE HOLDEN to the corpora-tion and their successors in trust for the benefit of themselves and their associates, freemen of that colony, their heirs and assigns of the kings of England, as of the manor of East-Greenwich, by the 5th part of the ore of gold and silver there found, with power to the corporation to make laws, elect governors, deputy govern-ors and assistants, erect judicatures and courts, and choose offi-



cers for the civil government, and thereby also power is granted to the chief commanders, governors and officers of the company and others inhabiting there, by their leave or direction for their special defence and safety, to assemble, martially array and put in warlike posture the inhabitants of the colony, and to commis-sion such persons as they should think fit to lead and conduct the inhabitants, and to encounter, resist, kill and slay all that should attempt or interpose the invasion or annoyance of the inhabitants or plantations, and to exercise martial laws and take and surprise the invaders or attemptors of the plantation or hurt of the com-pany and inhabitants, and, on just occasion, to invade and de-stroy the natives or other enemies of the colony.

We also find that king Charles the II. in the 15th year of his reign did incorporate divers persons by name, and such others as then were, or after should be admitted and free of the company by the name of the governor and company of the English colony of Rhode-Island and Providence plantation, in New-England in America, and granted them in effect the like powers and author-ities both civil and military, as are before mentioned to be granted to Connecticut.

We find that the civil government, in those plantations or colo-nies, executed the military powers conferred by the charters; but that their majesties, in the third year of their reign, by their com-mission, constituted Sir William Phipps, lieutenant and comman-der in chief of the militia and of the forces by sea and land within the colonies of Connecticut, Rhode-Island and Providence plan-tation, king's province and province of New-Hampshire, and all forts and places of strength in the same with several powers and authorities, and that their majesties by their commission under the great seal, dated the l0th of June, 1693, revoked so much of Sir William Phipps his commission and powers, as related to the colony of Connecticut, and by the same commission constituted Benjamin Fletcher, Esq. their majesty's captain general and com-mander in chief of New-York, Pennsylvania, New-Castle, and the territories and tracts of land depending thereupon, to be the commander in chief of the militia and of all the forces by sea and land within the colony of Connecticut and of all forts and places of strength within the same, with power to levy, arm, muster, command, or employ the militia of the said colony, and upon any necessary and urgent occasion, during this war, to transfer to the province of New-York, and frontiers of the same, for resisting and withstanding enemies, pirates and rebels, both at land and sea, and defence of that province and colony, of which commis-sion and the large powers therein contained as to Connecticut, the colony of Connecticut by their annexed petition do complain and pray redress against the exercise of it, in such manner over the whole militia, and therein shew their reasons against it. We



have heard colonel Winthrop and his council, on the behalf of the colony of Connecticut, and Mr. Almey and his council, on the behalf of Rhode-Island and Providence plantation, and Dr. Cox appeared on the behalf of east and west New-Jersey, and produced some writings, shewing how the same were granted out from the crown to the duke of York, and by the duke of York to others, but the Dr. not claiming any title to himself it doth not appear to us in whom the estate in law of those places or of the government thereof, civil or military, doth now reside, nor how the same is exercised. But having read the annexed esti-mate from Mr. Blaithwait, we communicated the same to the agents for Connecticut, Rhode-Island and Providence plantation, who declared their readiness during times of danger to provide their respective quotas therein contained, and in case of increase of danger, or other necessary occasions, during the continuance thereof, their respective quotas to be proportionably increased with other colonies; but as to the remaining militia beyond the quotas (which it seems in those countries consists of all males between sixteen and sixty years of age) they humbly desire that it may remain under the ordinary and usual government and command of the colonies according to their charters, and not to be commanded out, unless in times of actual invasion or imminent danger, for the necessary preservation of some of the colonies, and at such times only when such of the colonies whereout the forces shall be drawn, are not in danger, and that at all times a sufficient power of the militia may be always kept in each colony under the power of the government of it, for the safety and neces-sary preservation thereof.

We are humbly of opinion that the charters and grants of those colonies do give the ordinary power of the militia to the respective governments thereof; but do also conceive that their majesties may constitute a chief commander, who may have authority, at all times, to command or order such proportion of the forces of such colony or plantation, as their majesties shall think fit; and farther, in times of invasion and approach of the enemy, with the advice and assistance of the governors of the colonies, to conduct and command the rest of the forces for the preservation and de-fence of such of those colonies as shall most stand in need thereof, not leaving the rest unprovided of a competent force for their defence and safety; but in time of peace, and when the danger is over, the militia within each of the said provinces ought, as we humbly conceive, to be under the government and dispositions of the respective governors of the said colonies, according to their charters.

All which, nevertheless, is most humbly submitted to your lord- ship's great wisdom.

edward ward,

thomas treves

2d April, 1694.



And the lords of the committee having presented to his maj-esty's council the report of Mr. attorney and Mr. solicitor general upon the matters above mentioned, his majesty, in council, is pleased to approve the said report, and to signify his pleasure, that the quota, not exceeding one hundred and twenty men, be the measure of the assistance to be given by the colony of Con-necticut, and all times during war to be commanded by the gov-ernor of New-York; and the right honorable Sir John Trenchard, his majesty's principal secretary of state, is to prepare letters for his majesty's royal signature, for the signification of his majesty's pleasure herein to the governor of New-York and Connecticut accordingly.

william bridgeman.



JAMES by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c.

TO all to whom these presents shall come, greeting:-Where-as, upon the humble petition of divers of our well disposed sub-jects, that intended to make several plantations in the parts of America, between the degrees of thirty-four and forty-five, we, according to our princely inclination, favouring much their worthy disposition, in hope thereby to advance the enlargement of the Christian religion, to the glory of God Almighty, as also by that means to stretch out the bounds of our dominions, and to replen-ish those deserts with people, governed by laws and magistrates, for the more peaceable commerce of all that in time to come shall have occasion to traffic into those territories, granted unto Sir Thomas Gates, Sir George Summers, knights, Thomas Hamon, and Raleigh Gilbert, Esquires, and others their associates, for the more speedy accomplishment thereof, by our letters patents, bearing date the l0th day of April, in the fourth year of our reign of England, France, and Ireland, and of Scotland the fortieth, free liberty to divide themselves into two several colonies; the one called the first colony, to be undertaken and advanced by cer-tain knights, gentlemen, and merchants, in and about our city of London; the other, called the second colony, to be undertaken and advanced by certain knights, gentlemen, merchants, and their associates, in or about our cities of Bristol, Exon, and our town of Plymouth, and other places, as in and by our said letters pat-ents, amongst other things more at large, it doth and may appear.

And whereas, since that time, upon the humble petition of the said adventurers and planters of the said first colony, we have



been graciously pleased to make them one distinct and entire body by themselves, giving unto them their distinct limits and bounds:

And have, upon their like humble request, granted unto them divers liberties, privileges, enlargements, and immunities, as in and by our several letters patents, it doth and may more at large appear.

Now forasmuch as we have been, in like manner, humbly peti-tioned unto by our trusty and well beloved servant, Sir Ferdinan-do Gorges, knight, captain of our fort and island, by Plymouth, and by certain the principal knights and gentlemen adventurers of the said second colony, and by divers other persons of quality, who now intend to be their associates, divers of which have been at great and extraordinary charges, and sustained many losses, in seeking and discovering a place fit and convenient to lay the foundation of a hopeful plantation, and have, divers years past, by God's assistance, and their own endeavours, taken actual pos-session of the continent hereafter mentioned, in our name, and to our use, as sovereign lord thereof, and have settled already some of our people in places agreeable to their desires in those parts, and in confidence of prosperous success therein, by the con-tinuance of God's divine blessing, and our royal permission, have resolved, in a more plentiful and effectual manner, to prosecute the same; and to that purpose and intent, have desired of us, for their better encouragement and satisfaction therein, and that they may avoid all confusion, questions, or differences between themselves and those of the said first colony, that we would like-wise be graciously pleased to make certain adventurers, intending to erect and establish fishery, trade, and plantation, within the territories, precincts, and limits of the said second colony, and their successors, one several distinct and entire body, and to grant unto them such estate, liberties, privileges, enlargements, and immunities there, as are in those, our letters patents, hereafter particularly expressed and declared.

And forasmuch as we have been certainly given to understand, by divers of our good subjects, that have, for these many years past, frequented those coasts and territories between the degrees of forty and forty-eight, that there is no other the subjects of any Christian king or state, by any authority from their sovereign lords or princes, actually in possession of any the said lands or precincts, whereby any right, claim, interest, or title, may, might, or ought, by that means accrue, belong, or appertain unto them, or any of them.

And also, for that we have been further given certainly to know, that within these late years, there hath, by God's visitation, reigned a wonderful plague, together with many horrible slaugh-ters and murders, committed amongst the savages and British



people there heretofore inhabiting, in a manner to the utter de-struction, devastation, and depopulation of that whole territory, so as there is not left, for many leagues together, in a manner, any that do claim or challenge any kind of interest therein, nor any other superior lord or sovereign, to make claim thereunto, whereby we, in our judgment, are persuaded and satisfied, that the appointed time is come in which Almighty God, in his great goodness and bounty towards us, and our people, hath thought fit and determined, that those large and goodly territories, de-serted as it were by their natural inhabitants, should be possessed and enjoyed by such of our subjects and people, as heretofore have, and hereafter shall, by his mercy and favour, and by his powerful arm, be directed and conducted thither; in the contem-plation and serious consideration whereof, we have thought it fit, according to our kingly duty, so much as in us lieth, to second and follow God's sacred will, rendering reverend thanks to his Divine Majesty, for his gracious favour in laying open and re-vealing the same unto us, before any other Christian prince or state; by which means, without offence, and, as we trust, to his glory, we may with boldness go on to the settling of so hopeful a work, which tencleth to the reducing and conversion of such savages as remain wandering in desolation and distress, to civil society and Christian religion, to the enlargement of our own do-minions, and the advancement of the fortunes of such of our good subjects as shall willingly interest themselves in the said employ-ment, to whom we cannot but give singular commendations for their so worthy intention and enterprise.

We, therefore, of our special grace, mere motion, and certain knowledge, by the advice of the lords and others of our privy council, have, for us, our heirs, and successors, granted, ordained, and established, and, in and by these presents, do, for us, our heirs, and successors, grant, ordain, and establish, that all that circuit, continent, precincts, and limits, in America, lying and being in breadth from forty degrees of northerly latitude from the equinoctial line, to forty-eight degrees of the said northerly lati-tude, and in length by all the breadth aforesaid, throughout the main land, from sea to sea, with all the seas, rivers, islands, creeks, inlets, ports, and havens, within the degrees, precincts, and limits of the said latitude and longitude, shall be the limits, and bounds, and precincts of the said second colony.

And to the end that the said territories may for ever hereafter be more particularly and certainly known and distinguished, our will and pleasure is, that the same shall, from henceforth, be nom-inated, termed, and called by the name of New-England, in Amer-ica, and by that name of New-England, in America, the said cir-cuit, precinct, limit, continent, islands, and places in America aforesaid, we do, by these presents, for us, our heirs, and suc-



cessors, name, call, erect, found, and establish, and by that name to have continuance for ever.

And for the better plantation, ruling, and governing of the aforesaid New-England, in America, we will, ordain, constitute, assign, limit, and appoint, and for us, our heirs, and successors, we, by the advice of the lords, and others of the said privy coun-cil, do, by these presents, ordain, constitute, limit, and appoint, that from henceforth there shall be for ever hereafter, in our town of Plymouth, in the county of Devon, one body politic and corporate, which shall have perpetual succession; which shall consist of the number of forty persons, and no more; which shall be, and shall be called and known by the name of the council established at Plymouth, in the county of Devon, for the plant-ing, ruling, ordering, and governing of New-England, in Amer-ica, and for that purpose, we have, at and by the nomination and request of the said petitioners, granted, ordained, established, and confirmed, and, by these presents, for us, our heirs, and succes-sors, do grant, ordain, establish, and confirm our right trusty and right well beloved cousins and counsellors, Lodowick, duke of Lenox, lord steward of our household; George, lord Marquis Buckingham, our high admiral of England; James, marquis Ham-ilton; William, earl of Pembroke, lord chamberlain of our house-hold; Thomas, earl of Arundel; and our right trusty and right well beloved cousin, William, earl of Bath; and our right trusty and right well beloved cousin and counsellor, Henry, earl of Southampton; and our right trusty and right well beloved cous-ins, William, earl of Salisbury, and Robert, earl of Warwick; and our right trusty and right well beloved John, viscount Hadding-ton; and our right trusty and well beloved counsellor, Edward, lord Zouch, lord warden of our cinque ports; and our trusty and well beloved Edmond, lord Sheffield, Edward, lord Gorges; and our well beloved Sir Edward Seymor, knight and baronet; Sir Robert Mansel; Sir Edward Zouch, our knight marshal; Sir Dudley Diggs, Sir Thomas Roe, Sir Ferdinando Gorges, Sir Fran-cis Popham, Sir John Brooks, Sir Thomas Gates, Sir Richard Hawkins, Sir Richard Edgecomb, Sir Alien Apsley, Sir Warwick Heale, Sir Richard Catchmay, Sir John Bourgchier, Sir Nathan-iel Rich, Sir Edward Giles, Sir Giles Mompesson, Sir Thomas Worth, knights; and our well beloved Matthew Sutcliff, dean of Exeter; Robert Heath, Esq. recorder of our city of London; Henry Bourgchier, John Drake, Raleigh Gilbert, George Chud-ley, Thomas Hamon, and John Argall, Esquires, to be, and in and by these presents, we do appoint them to be, the first modern and' present council, established at Plymouth, in the county of Devon, for the planting, ruling, ordering, and governing of New-England, in America; and that they, and the survivors of them, and such as the survivors and survivor of them shall, from time



to time, elect and choose to make up the foresaid number of forty persons, when and as often as any of them, or any of their suc-cessors, shall happen to decease, or to be removed from being of the said council, shall be, in and by these presents, incorpor-ated, to have a perpetual succession for ever, in deed, fact, and name, and shall be one body corporate and politic; and that those, and such said persons, and their successors, and such as shall be elected and chosen to succeed them, as aforesaid, shall be, and, by these presents, are and be incorporated, named, and called by the name of the council established at Plymouth, in the county of Devon, for the planting, ruling, and governing of New-England, in America; and them, the said duke of Lenox, marquis Bucking-ham, marquis Hamilton, earl of Pembroke, earl of Arundel, earl of Bath, earl of Southampton, earl of Salisbury, earl of Warwick, viscount Haddington, lord Zouch, lord Sheffield, lord Gorges, Sir Edward Seymor, Sir Robert Mansel, Sir Edward Zouch, Sir Dudley Diggs, Sir Thomas Roe, Sir Ferdinando Gorges, Sir Francis Popham, Sir John Brooks, Sir Thomas Gates, Sir Richard Hawkins, Sir Richard Edgecomb, Sir Alien Apsley, Sir Warwick Heale, Sir Richard Catchmay, Sir John Bourgchier, Sir Nathaniel Rich, Sir Edward Giles, Sir Giles Mompesson, Sir Thomas Worth, knights; Matthew Sutcliff, Robert Heath, Henry Bourgchier, John Drake, Raleigh Gilbert, George Chudley, Thomas Hamon, and John Argall, Esquires, and their succes-sors, one body corporate and politic, in deed and in name, by the name of the council established at Plymouth, in the county of Devon, for the planting, ruling, and governing of New-Eng-land, in America.

We do, by these presents, for us, our heirs, and successors, really and fully incorporate, erect, ordain, name, constitute, and establish, and that, by the same name of the said council, they, and their successors, for ever hereafter be incorporated, named, and called, and shall, by the same name, have perpetual succes-sion.

And further, we do hereby, for us, our heirs, and successors, grant unto the said council established at Plymouth, that they, and their successors, by the same name, be, and shall be, and shall continue persons able and capable in the law, from time to time, and shall, by that name of council aforesaid, have full power and authority, and lawful capacity and ability, as well to purchase, take, hold, receive, enjoy, and to have to them and their succes-sors, for ever, any manors, lands, tenements, rents, royalties, priv-ileges, immunities, reversions, annuities, hereditaments, goods, and chattels whatsoever, of, or from us, our heirs, and successors, and of, or from any other person or persons whatsoever, as well in and within this our realm of England, as in and within any other place or places whatsoever or wheresoever; and the same



manors, lands, tenements, and hereditaments, goods, or chattels, or any of them, by the same name, to alien and sell, or to do, execute, or ordain and perform all other matters and things what-soever, to the said incorporation and plantation concerning and belonging.

And further, our will and pleasure is, that the said council, for the time being, and their successors, shall have full power and lawful authority, by the name aforesaid, to sue and to be sued, implead and to be impleaded, answer and to be answered unto, in all manner of courts and places that now are, or hereafter shall be, within this our realm, and elsewhere, as well temporal as spir-itual, in all manner of suits and matters whatsoever, and of what nature or kind soever such suits or actions be or shall be.

And our will and pleasure is, that the said forty persons, or the greater number of them, shall, and may, from time to time, and at any time hereafter, at their own will and pleasure, accord-ing to the laws, ordinances, and orders of, or by them, or by the greater part of them hereafter, in manner and form in these pres-ents mentioned to be agreed upon, to elect and choose, amongst themselves, one of the said forty persons, for the time being, to be president of the said council, which president, so elected and chosen, we will shall continue and be president of the said council, for so long time as by the orders of the said council, from time to time to be made, as hereafter is mentioned, shall be thought fit, and no longer; unto which president, or, in his absence, to any such person as, by the orders of the said council, shall be thereunto appointed, we do give authority to give order for the warning of the said council, and summoning the company to their meetings.

And our will and pleasure is, that, from time to time, when, and so often as any of the said council shall happen to decease, or to be removed from being of the said council, that then, and so often, the survivors of them of the said council, and no other, or the greater number of them, who then shall be, from time to time, left and remaining, and who shall, or the greater number of which that shall be assembled at a public court, or meeting, to be held for the said company, shall elect and choose one or more other person or persons, to be of the said council, and which, from time to time, shall be of the said council, so that the number of forty persons of the said council may, from time to time, be supplied.

Provided always, that as well the persons herein named to be of the said council, as every other counsellor hereafter to be elected, shall be presented to the lord chancellor of England, or to the lord high treasurer of England, or to the lord chamberlain of the household, of us, our heirs, and successors, for the time being, to take his and their oath and oaths, of a counsellor and counsellors, to us, our heirs, and successors, for the said com-pany and colony in New-England.



And further, we will and grant, by these presents, for us, our heirs, and successors, unto the said council, and their successors, that they, and their successors, shall have and enjoy for ever, a common seal, to be engraven according to their discretions.

And that it shall be lawful for them to appoint what other seal, or seals, they shall think most meet and necessary, either for their use, as they are one united body, incorporate here, or for the public use of their government and ministers in New-England aforesaid, whereby the said incorporation may or shall seal any manner of instrument, touching the same corporation, and the manors, lands, tenements, rents, reversions, annuities, heredita-ments, goods, chattels, affairs, and any other things, belonging unto, or in any wise appertaining, touching or concerning the said council, and their successors, or concerning the said corporation and plantation, in and by these our letters patents, as aforesaid, founded, erected, and established.

And we do further, by these presents, for us, our heirs, and successors, grant unto the said council, and their successors, that it shall and may be lawful to and for the said council, and their successors, for the time being, in their discretions, from time to time, to admit such and so many person and persons to be made free, and enabled to trade and traffic unto, within, and in New-England, aforesaid, and unto every part and parcel thereof, or to have, possess, and enjoy any lands or hereditaments in New-England aforesaid, as they shall think fit, according to the laws, orders, constitutions, and ordinances, by the said council and their successors, from time to time, to be made and established, by virtue of, and according to the true intent of these presents, and under such conditions, reservations, and agreements, as the said council shall set down, order, and direct, and not otherwise.

And further, of our especial grace, certain knowledge, and mere motion, for us, our heirs, and successors, we do, by these presents, give and grant full power and authority to the said council, and their successors, that the said council, for the time being, or the greater part of them, shall and may, from time to time, nominate, make, constitute, ordain, and confirm, by such name or names, style or styles, as to them shall seem good, and, likewise, to revoke, and discharge, change and alter, as well all and singular, governors, officers, and ministers, which hereafter shall be by them thought fit and needful to be made or used, as well to attend the business of the said company here, as for the government of the said colony and plantation.

And also, to make, ordain, and establish all manner of orders, laws, directions, instructions, forms, and ceremonies of govern-ment and magistracy, fit and necessary for and concerning the government of the said colony and plantation, so always as the same be not contrary to the laws and statutes of this our realm



of England, and the same at all times hereafter, to abrogate, re-voke, or change, not only within the precincts of the said colony, but also upon the seas, in going and coming to and from the said colony, as they, in their good discretion, shall think to be fittest for the good of the adventurers and inhabitants there.

And we do further, of our special grace, certain knowledge, and mere motion, grant, declare, and ordain, that such principal governor as, from time to time, shall be authorized and appointed, in manner and form in these presents heretofore expressed, shall have full power and authority to use and exercise martial laws, in cases of rebellion, insurrection, and mutiny, in as large and ample manner, as our lieutenants in our counties within our realm of England, have, or ought to have, by force of their commission of lieutenancy.

And forasmuch as it shall be necessary for all such our loving subjects as shall inhabit within the said precincts of New-England aforesaid, to determine to live together, in the fear and true wor-ship of Almighty God, Christian peace, and civil quietness, each with other, whereby every one may, with more safety, pleasure, and profit, enjoy that, whereunto they shall attain with great pain and peril.

We, for us, our heirs, and successors, are likewise pleased and contented, and, by these presents, do give and grant unto the said council, and their successors, and to such governors, officers, and ministers, as shall be, by the said council, constituted and appointed according to the natures and limits of their offices and places respectively, that they shall and may, from time to time, for ever hereafter, within the said precincts of New-England, or in the way by the seas thither and from thence, have full and absolute power and authority to correct, punish, pardon, govern, and rule all such the subjects of us, our heirs, and successors, as shall, from time to time, adventure themselves in any voyage thither, or that shall, at any time hereafter, inhabit in the pre-cincts and territories of the said colony as aforesaid, according to such laws, orders, ordinances, directions, and instructions, as by the said council aforesaid, shall be established; and, in defect thereof, in cases of necessity, according to the good discretions of the said governors and officers respectively, as well in cases capital and criminal as civil, both marine and others; so always as the said statutes, ordinances, and proceedings, as near as con-veniently may be agreeable to the laws, statutes, government, and policy of this our realm of England.

And furthermore, if any person, or persons, adventurers, or planters, of the said colony, or any other, at any time or times hereafter, shall transport any monies, goods, or merchandizes, out of any our kingdoms, with a pretence and purpose to land, set, or otherwise to dispose the same, within the limits and bounds



of the said colony, and yet, nevertheless, being at sea, or after he hath landed within any part of the said colony, shall carry the same into any other foreign country, with a purpose there to set and dispose thereof, that then all the goods and chattels of the said person, or persons, so offending, and transported, to-gether with the ship or vessel wherein such transportation was made, shall be forfeited to us, our heirs, and successors.

And we do further, of our special grace, certain knowledge, and mere motion, for us, our heirs, and successors, for, and in respect of the considerations aforesaid, and for divers other good causes and considerations, us thereunto especially moving, and by the advice of the lords and others of our said privy council, have absolutely given, granted, and confirmed, and, by these pres-ents, do absolutely give, grant, and confirm, unto the said council, called the council established at Plymouth, in the county of Devon, for the planting, ruling, and governing of New-England, in America, and unto their successors, for ever, all the aforesaid lands and grounds, continent, precincts, place, places, and terri-tories, (viz.) the aforesaid part of America, lying and being in breadth from forty degrees of northerly latitude from the equi-noctial line, to forty-eight degrees of the said northerly latitude inclusively, and in length of, and within all the breadth afore-said, throughout the main land, from sea to sea, together also with all the firm land, soils, grounds, havens, ports, rivers, waters, fish-ings, mines, and minerals, as well royal mines of gold and silver, as other mines and minerals, precious stones, quarries, and all and singular other commodities, jurisdictions, royalties, privileges, franchises, and pre-eminences, both within the said tract of land, upon the main, and also within the said island and seas ad-joining.

Provided always, that the said islands, or any the premises hereinbefore mentioned, and, by these presents, intended and meant to be granted, be not actually possessed, or inhabited by any other Christian prince or state, nor be within the bounds, limits, or territories of that southern colony, heretofore, by us, granted to be planted by divers of our loving subjects in the south parts.

To have and to hold, possess, and enjoy all and singular the aforesaid continent, lands, territories, islands, hereditaments, and precincts, sea waters, fishings, with all and all manner their com-modities, royalties, liberties, pre-eminences, and profits, that shall arise from thence, with all and singular their appurtenances, and every part and parcel thereof, and of them to, and unto the said council, and their successors, and assigns, for ever, to the sole, only and proper use, benefit, and behoof of them, the said council, and their successors, and assigns, for ever, to be holden of us, our heirs, and successors, as of our manor of East-Green-



wich, in our county of Kent, in free and common socage, and not in capite, nor by knights' services.

Yielding and paying, therefore, to us, our heirs, and successors, the fifth part of the ores of gold and silver which, from time to time, and at all times hereafter, shall happen to be found, gotten and obtained in, at, or within any the said lands, limits, territories, and precincts, or in, or within any part, or parcels thereof, for, or in respect of all and all manner of duties, demands, and ser-vices whatsoever, to be done, made, or paid to us, our heirs, and successors.

And we do further, of our especial grace, certain knowledge, and mere motion, for us, our heirs, and successors, give and grant to the said council, and their successors, for ever, by these pres-ents, that it shall be lawful and free for them, and their assigns, at all and every time and times hereafter, out of any our realms or dominions whatsoever, to take, lead, carry, and transport, in and into their voyages, and for and towards the said plantation in New-England, all such and so many of our loving subjects, or any other strangers that will become our loving subjects, and live under our allegiance, or shall willingly accompany them in the said voyages and plantation, with shipping, armour, weapons, ordinances, munition powder, shot, victuals, and all manner of clothing, implements, furniture, beasts, cattle, horses, mares, and all other things necessary for the said plantation, and for their use and defence, and for trade with the people there; and in pass-ing and returning to and fro, without paying or yielding any cus-tom or subsidy, either inwards or outwards, to us, our heirs, or successors, for the same, for the space of seven years from the day of the date of these presents.

Provided, that none of the said persons be such as shall be hereafter, by special name, restrained by us, our heirs, or suc-cessors.

And, for their further encouragement, of our special grace and favour, we do, by these presents, for us, our heirs, and succes-sors, yield and grant to, and with the said council, and their suc-cessors, and every of them, their factors and assigns, that they, and every of them, shall be free and quiet from all subsidies and customs, in New-England, for the space of seven years, and from all taxes and impositions for the space of twenty and one years, upon all goods or merchandize, at any time or times hereafter, either upon importation thither, or exportation from thence, into our realm of England, or into any other our dominions, by the said council, and their successors, their deputies, factors, and as-signs, or any of them, except only the five pounds per cent. due for custom upon all such goods and merchandizes as shall be brought or imported into our realm of England, or any other of our dominions, according to the ancient trade of merchants;



which five pounds per centum only being paid, it shall be thence-forth lawful and free for the said adventurers, the same goods and merchandize, to export and carry out of our said dominions into foreign parts, without any custom, tax, or other duty, to be paid to us, our heirs, or successors, or to any other officers or ministers of us, our heirs, and successors. Provided, that the said goods and merchandizes be shipped out within thirteen months after their first landing, within any part of those dominions.

And further, our will and pleasure is, and we do, by these pres-ents, charge, command, warrant, and authorize the said council, and their successors, or the major part of them, which shall be present and assembled for that purpose, shall, from time to time, under their common seal, distribute, convey, assign, and set over such particular portions of lands, tenements, and hereditaments, as are, by these presents, formerly granted unto each our loving subjects, naturally born, or denizens, or others, as well advent-urers as planters, as, by the said company, upon a commission of survey and distribution, executed and returned for that pur-pose, shall be named, appointed, and allowed, wherein our will and pleasure is, that respect be had, as well to the proportion of the adventurers, as to the special service, hazard, exploit, or merit, of any person so to be recompensed, advanced, or rewarded.

And we do also, for us, our heirs, and successors, grant to the said council, and their successors, and to all and every such gov-ernors, or other officers, or ministers, as, by the said council, shall be appointed, to have power and authority of government and command, in or over the said colony and plantation, that they, and every of them, shall, and lawfully may, from time to time, and at all times hereafter, for ever, for their several defence and safety, encounter, expulse, repel, and resist, by force of arms, as well by sea as by land, and all ways and means whatsoever, all such person and persons as, without the special license of the said council, and their successors, or the greater part of them, shall attempt to inhabit within the said several precincts and limits of the said colony and plantation.

And also, all and every such person and persons whatsoever, as shall enterprise or attempt, at any time hereafter, destruction, invasion, detriment, or annoyance to the said colony and plan-tation.

And that it shall be lawful for the said council, and their suc-cessors, and every of them, from time to time, and at all times hereafter, and they shall have full power and authority to take and surprise, by all ways and means whatsoever, all and every such person or persons whatsoever, with their ships, goods, and other furniture, trafficking in any harbour, creek, or place, within the limits and precincts of the said colony and plantation, and not being allowed by the said council to be adventurers or planters of the said colony.



And of our further royal favour, we have granted, and for us, our heirs, and successors, we do grant unto the said council, and their successors, that the said territories, lands, rivers, and places aforesaid, or any of them, shall not be visited, fre-quented, or traded unto by any other of our subjects, or the sub-jects of us, our heirs, or successors, either from any of the ports and havens, belonging, or appertaining, or which shall belong or appertain unto us, our heirs, or successors, or to any foreign prince, state, or potentate whatsoever.

And therefore, we do hereby, for us, our heirs, and successors, charge, command, prohibit, and forbid all the subjects of us, our heirs, and successors, of what degree or quality soever they be, that none of them, directly or indirectly presume to visit, fre-quent, trade, or adventure to traffic into, or from the said terri-tories, lands, rivers, and places aforesaid, or any of them, other than the said council, and their successors, factors, deputies, and assigns, unless it be with the license and consent of the said coun-cil and company, first had and obtained in writing, under their common seal, upon pain of our indignation, and imprisonment of their bodies, during the pleasure of us, our heirs, or successors, and the forfeiture and loss, both of their ship and goods, where-soever they shall be found, either within any of our kingdoms or dominions, or any the place or places out of our dominions, and for the better effecting of our said pleasure herein, we do hereby, for us, our heirs, and successors, give and grant full power and authority unto the said council, and their successors, for the time being, that they, by themselves, their factors, deputies, or assigns, shall and may, from time to time, and at all times here-after, attach, arrest, take, and seize all and all manner of ship and ships, goods, wares, and merchandizes whatsoever, which shall be brought from, or carried to the places before mentioned, or any of them, contrary to our will and pleasure, before in these presents expressed, the moiety, or one half of all which forfeit-ures, we do hereby, for us, our heirs, and successors, give and grant unto the said council, and their successors, to their own proper use, without accompt, and the other moiety, or half part thereof, we will shall be and remain to the use of us, our heirs, and successors.

And we, likewise, have condescended and granted, and, by these presents, for us, our heirs, and successors, do condescend, and grant to, and with the said council, and their successors, that we, our heirs, or successors, shall not, or will not, give and grant any liberty, license, or authority to any person or persons what-soever, to sail, trade, or traffic unto the aforesaid plantations of New-England, without the good will and liking of the said coun-cil, or the greater part of them, for the time being, at any their courts to be assembled.



And we do, for us, our heirs, and successors, give and grant unto the said council, and their successors, that whensoever, or so often as any custom or subsidy shall grow due or payable, unto us, our heirs, or successors, according to the limitation and appointment aforesaid, by reason of any goods, wares, or mer-chandize, to be shipped out, or any return to be made, of any goods, wares, or merchandize, unto, or from New-England, or any the lands or territories aforesaid, that then, so often, and in such case, the farmers, customers, and officers of our customs of England and Ireland, and every of them, for the time being, upon request made unto them by the said council, their successors, factors, or assigns, and upon convenient security to be given in that behalf, shall give and allow unto the said council, and their successors, and to all person and persons free of the said company as aforesaid, six months time, for the payment of the one half of all such customs and subsidy, as shall be due and payable unto us, our heirs, and successors, for the same; for which these, our letters patents, or the duplicate, or the enrolment thereof, shall be, unto our said officers, a sufficient warrant and discharge.

Nevertheless, our will and pleasure is, that, if any of the said goods, wares, and merchandizes, which be, or shall be, at any time hereafter, landed and exported out of any our realms afore-said, and shall be shipped with a purpose not to be carried to New-England aforesaid, that then such payment, duty, custom, imposition, or forfeiture, shall be paid and belong to us, our heirs, and successors, for the said goods, wares, and merchandizes, so fraudulently sought to be transported, as if this our grant had not been made nor granted.

And we do, for us, our heirs, and successors, give and grant unto the said council, and their successors, for ever, by these pres-ents, that the said president of the said company, or his deputy, for the time being, or any two others of the said council, for the said colony in New-England, for the time being, shall and may, at all times hereafter, and from time to time, have full power and authority to minister, and give the oath and oaths of allegiance and supremacy, or either of them, to all and every person and persons, which shall, at any time and times hereafter, go and pass to the said colony in New-England.

And further, that it shall be, likewise, lawful for the said presi-dent, or his deputy, for the time being, or any two others of the said council, for the said colony in New-England, for the time being, from time to time, and at all times hereafter, to minister such a formal oath, as by their discretions shall be reasonably devised, as well unto any person or persons employed, or to be employed in, for, or touching the said plantation, for their honest, faithful, and just discharge of their service, in all such matters as shall be committed unto them, for the good and benefit of the



said company, colony, and plantation, as also unto such other person or persons as the said president, or his deputy, with two others of the said council, shall think meet, for the examination or clearing of the truth, in any cause whatsoever concerning the said plantation, or any business from thence proceeding, or there-unto belonging.

And to the end that no lewd or ill disposed persons, sailors, soldiers, artificers, husbandmen, labourers, or others which shall receive wares, apparel, or other entertainment from the said coun-cil, or contract and agree with the said council, to go, and to serve, and to be employed in the said plantation, in the colony in New-England, do afterwards withdraw, hide, and conceal them-selves, or refuse to go thither, after they have been so entertained and agreed withal, and that no persons which shall be sent and employed in the said plantation of the said colony in New-Eng-land, upon the charge of the said council, do misbehave them-selves by mutinous, seditious, or other notorious misdemeanours, or which shall be employed, or sent abroad by the governor of New-England, or his deputy, with any ship or pinnace, for pro-vision of the said colony, or for some discovery, or other business and affairs concerning the same, do, from thence, treacherously either come back again, or return into the realm of England, by stealth, or without license of the governor of the said colony in New-England, for the time being, or be sent hither as misdoers or offenders, and that none of those persons, after their return from thence, being questioned by the said council here for such their misbehaviours and offences, do, by insolent and contemptu-ous carriage, in the presence of the said council, shew little respect and reverence, either to the place or authority in which we have placed and appointed them, and others, for the clearing of their lewdness and misdemeanours, committed in New-England, di-vulge vile and slanderous reports of the country of New-England, or of the government or estate of the said plantation and colony, to bring the said voyages and plantation into disgrace and con-tempt, by means whereof, not only the adventurers and planters already engaged in the said plantation, may be exceedingly abused, and hindered, and a great number of our loving and well disposed subjects, otherwise well affected, and inclined to join and adventure in so noble a Christian and worthy an action, may be discouraged from the same, but also the enterprise itself, may be overthrown, which cannot miscarry, without some dis-honour to us and our kingdom.

We, therefore, for preventing of so great and enormous abuses and misdemeanours, do, by these presents, for us, our heirs, and successors, give and grant unto the said president, or his deputy, or such other person, or persons, as, by the orders of the said council, shall be appointed, by warrant, under his or their hand



or hands, to send for, or cause to be apprehended, all and every such person and perons, who shall be noted, or accused, or found, at any time or times hereafter, to offend, or misbehave themselves, in any the affairs before mentioned and expressed; and, upon the examination of any such offender or offenders, and just proof, made by oath, taken before the said council, of any such notori-ous misdemeanours, by them to be committed, as aforesaid, and also, upon any insolent, contemptuous, or unreverent carriage, or misbehaviour, to, or against the said council, to be shewed or used, by any such person or persons, so called, convinced, and appearing before them, as aforesaid, that, in all such cases, our said council, or any two, or more of them, for the time being, shall, and may have full power and authority, either here to bind them over with good securities for their good behaviour, and further therein to proceed, to all intents and purposes, as it is used in other like cases within our realm of England, or else, at their discretions, to remand and send back the said offenders, or any of them, to the said colony of New-England, there to be proceeded against and punished, as the governors, deputy, or council there, for the time being, shall think meet, or otherwise, according to such laws and ordinances, as are, and shall be in use there, for the well ordering and good government of the said colony.

And our will and pleasure is, and we do hereby declare, to all Christian kings, princes, and states, that, if any person or persons, which shall hereafter be of the said colony or plantation, or any other, by license or appointment of the said council, or their suc-cessors, or otherwise, shall, at any time or times hereafter, rob, or spoil, by sea or by land, or do any hurt, violence, or unlawful hostility, to any of the subjects of us, our heirs, or successors, or any of the subjects of any king, prince, ruler, or governor, or state, being then in league and amity with us, our heirs, and successors; and that, upon such injury, or upon just complaint of such prince, ruler, governor, or state, or their subjects, we, our heirs, or successors, shall make open proclamation, within any of the parts of our realm of England commodious for that purpose, that the person or persons having committed any such robbery or spoil, shall, within the time limited by such a procla-mation, make full restitution or satisfaction of all such injuries done, so as the said princes, or others so complaining, may hold themselves fully satisfied and contented; and if that the said per-son or persons, having committed such robbery or spoil, shall not make, or cause to be made, satisfaction accordingly, within such time so to be limited, that then it shall be lawful for us, our heirs, and successors, to put the said person or persons out of our allegiance and protection, and that it shall be lawful and free for all princes to prosecute with hostility the said offenders,



and every of them, their and every of their procurers, aiders, abettors, and comforters in that behalf.

Also, we do, for us, our heirs, and successors, declare, by these presents, that all and every the persons being our subjects, which shall go and inhabit within the said colony and plantation, and every of their children and posterity, which shall happen to be born within the limits thereof, shall have and enjoy all liberties, and franchises, and immunities of free denizens and natural sub-jects, with any of our other dominions, to all intents and pur-poses, as if they had been abiding, and born within this our king-dom of England, or any other our dominions.

And lastly, because the principal effect which we can desire, or expect of this action, is the conversion of, and reduction of the people in those parts, unto the true worship of God and Chris-tian religion, in which respect we would be loath that any person should be permitted to pass, that we suspected to affect the super-stition of the church of Rome, we do hereby declare, that it is our will and pleasure, that none be permitted to pass in any voy-age, from time to time to be made into the said country, but such as shall first have taken the oath of supremacy; for which pur-pose, we do, by these presents, give full power and authority to the president of the said council, to tender and exhibit the said oath to all such persons as shall, at any time, be sent and em-ployed in the said voyage.

And we also, for us, our heirs, and successors, do covenant and grant to, and with the council, and their successors, by these pres-ents, that if the council, for the time being, and their successors, or any of them, shall, at any time or times hereafter, upon any doubt which they shall conceive, concerning the strength or valid-ity in law, of this our present grant, or be desirous to have the same renewed and confirmed by us, our heirs, and successors, with amendments of such imperfections and defects, as shall ap-pear fit and necessary to the said council, or their successors, to be reformed and amended, on the behalf of us, our heirs, and successors, and for the furthering of the plantation and govern-ment, or the increase, continuing, and flourishing thereof, that then, upon the humble petition of the said council, for the time being, and their successors, to us, our heirs, and successors, we, our heirs, and successors, shall and will, forthwith, make and pass, under the great seal of England, to the said council, and their successors, such further and better assurance of all and singular the lands, grounds, royalties, privileges, and premises aforesaid, granted, or intended to be granted, according to our true intent and meaning, in these our letters patents, signified, declared, or mentioned, as by the learned council of us, our heirs, and successors, and of the said company, and their successors, shall, in that behalf, be reasonably devised or advised.

And further, our will and pleasure is, that, in all questions and



doubts, that shall arise upon any difficulty of construction or in-terpretation of any thing contained in these our letters patents, the same shall be taken and interpreted, in most ample and bene-ficial manner, for the said council, and their successors, and every member thereof.

And we do further, for us, our heirs, and successors, charge and command all and singular admirals, vice admirals, generals, commanders, captains, justices of peace, mayors, sheriffs, bailiffs, constables, customers, comptrollers, waiters, searchers, and all the officers of us, our heirs, and successors whatsoever, to be, from time to time, and at all times hereafter, in all things aiding, helping, and assisting unto the said council, and their successors, and unto every of them, upon request and requests, by them to be made, in all matters and things, for the furtherance and ac-complishment of all or any the matters and things by us, in, and by these our letters patents, given, granted, and provided, or by us meant or intended to be given, granted, and provided, as they, our said officer, and the officers of us, our heirs, and successors, do tender our pleasure, and will avoid the contrary, at their perils.

And also, we do, by these presents, ratify and confirm unto the said council, and their successors, all privileges, franchises, lib-erties, and immunities, granted in our said former letters patents, and not in these our letters patents, revoked, altered, changed, or abridged, although expressed, mention, &c.-In witness, &c. witness ourself at Westminster, the third day of November, in the eighteenth year of our reign over England, &c.

Concordat cum re- Convenit cum recordo, cordo et exam- et exaratur, pr. me.

inat. pr. me. LAUR. HALSTED.


Exd. W. S.

W. P.