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LETTERS
FROM THE ENGLISH KINGS AND QUEENS
CHARLES II, JAMES II, WILLIAM AND MARY,
ANNE, GEORGE II, &C.

GO.VERNORS OP THE COLONY C^ CONNECTI
CUT, TOGETHER WITH THE ANSWERS *
THERETO, PROM 1635 TO 17|9r

JIND OTHER ORIGINAL, ANCIENT, LITERARY AND CURIOUS DOCU
MENTS, COMPILED FROM FILES AND RECORDS IN THE
OFFICE OF THE SECRETARY OP THE STATE
OF CONNECTICUT.

BY R. R. HINMAN, A. M.
Secretary of the State of Connecticut.

JOHN B. ELDREDGE, PRINTER.
'1836.1'

COPY RIGHT SECURED.

To the American Antiquarian Society at Worces
ter, Mass.
Gentlemen — Pully believing in the utility of giving to
the public the historical facts embraced in this work, they
being founded upon such evidence, as prove their authenti
city, I beg leave to dedicate to the American Antiquarian
Society the following sheets. It is intended as a text book
of the early history of the Colony.
In affixing the name of your society to this publication,
and depositing a volume in your Library, I may be enabled
to preserve entire, its title page and one volume of the work,
long after the book itself shall be forgotton by the present
generation. I have the satisfaction, of subscribing myself a devoted
friend to your institution. Respectfully Yours,
R. R. HINMAN.
Hartford, September 15th, 1836.

PREFACE.

The Author, or rather Compiler of the following work,
publishes it as an act due the State, for the purpose of trans-
niitting to posterity, a correct history of facts and events,
vifhich transpired in the early settlement of Connecticut —
commencing, even before the falling of the first tree in the
forest, by any white man in the Colony.
It is a compilation of a correspondence of the Kings and
Qeens of England, with the different Governors of the
Colony — from the first settlement in Windsor, Hartford and
Wethersfield, in 1635, for the term of more than one hun
dred years — embracing letters from the Lords of the Coun
cil of trade and foreign plantations ; a correct_copy of the
old patent of Connecticut; letters from' the Hon. the Com
missioners of his Majesties customs in England ; and an
swers by the Governors, &c. Also letters to apprehend
Capt. Kidd, as a pirate, and many other interesting, curious
literary communications — amoug which are twenty-seven
questions sent to this Colony by the Lords of the Council of
trade in 1679, with the answers of Gov. Leet — which an
swers are probably as correct early history of this Colony as
is extant, and will be highly interesting to all readers. In
deed they are a succinct history of the Colony at that period,
as to its navigation, productions, shipping, population, state
of society, Indian wars, religion, title of lands, trade and man
ufactures, &c. And when we contemplate that these an
swers were written by a Governor of this State, when a
Colony, nearly two hundred years since, upon this ground,
then occupied by the sturdy trees of the forest, but now
covered with stores, banks, public buildings and the splendid
private dwellings of the refined population of the City of
Hartford— and this, the first publication of most of them,
1*

they cannot fail to be interesting to the most inattentive ob
server of past events.
The orthography of the original letters and documents is
strictly and carefully preserved.
The signatures of the Kings and Queens are uniformly
placed at the commencement of the communications, and
not at the close as is usual for other persons ; the large, ele
gant and expensive seals attached to each letter, are yet in a
perfect state of preservation. The idea that the delicate
hands of Queen Mary and Anne of England have been upon
the same sheets, which I have copied for this book, and near
ly two centuries since, satisfies the mind that these events
are indeed ancient, and appears rather as a dream, than a
reality. The reader will occasionally observe, that answers
to letters from England, are some few of them missing, not
having been preserved by the writers as they should have
been, not only for the benefit of the Colony at the time, but
also for the advantage of future historians and the honor of
the country.
This work is not published by the compiler expecting
even a compensation for his labor, but solely to transmit to
posterity, the important historical events which it contains,
emanating from the pens of the Kings and Queens of Eng
land, and the Governors of this Colony, verified by their own
signatures and Seals, the last of whom have been gathered
to their fathers nearly a century.
In the year 1730 a letter was sent to this Colony by the
Commissioners for trade and plantations, embracing 19 ques
tions, relating to Connecticut, which were answered by Jo
seph Talcott, then Governor of the Colony, under the inspec
tion of his Council or assistants, giving an account of the
rivers and land adjoining — the sound, the soil, the climate,
tlie degrees of latitude and lorigitude of the Colony, the boun
daries, the Constitution and Government, the Courts, trade,
the shipping, names of each vessel and Captain, and their
tonnage and place where owned ; property received in barter,
method used to prevent illegal trade, harbours on the sound,
produce of the Colony, copper and other ore mines, the pop.
ulation and increase and reasons for it, the number of mili
tia, forts and arms, the number of Indians of all ages and
sexes, the five nations of Indians, the French and West
ern Indians, the "Spaniards and their strength, the annual
revenues from rates and duties, the expenditures in free
schools, constituting the different Courts and their jurisdic
tion, and the organization and division of the militia; which
answers compared with those of 1679 shows the improve-

PREFACE. VII
nient of the Colony and country for the fifly-one years pre
vious. In 1748 the Board of trade forwarded to the Govern
or of this Colony twenty questions, similar to those before
mentioned, which were answered by the Governor in the
same manner ; which answers compared with those of 1679,
and 1730 give to the reader a more perfect history of the
Colony from 1635 to 1748, (as to such facts as it contains)
than can be found in any other work, because each fact can
be relied upon as authentic, having been written at the time,
by men of the highest standing and reputation, not only in
England, but also in this Colony. Also is found upon the
first page of the work a perfect likeness of Charles II, taken
by the Messrs. Kellogg, Lithographers of this City, from the
Charter of Charles if in this office. Upon the opposite page
are found fac-si miles of the hand writing of the Kings and
Queens, also some of the Gov'rs. of the Colony, whose names
are attached to their letters in this book. Also a full list is
compiled from the Records of State, of all the Colony and
State Officers who have been elected by the people of the
Colony and State of Connecticut, from the first settlement in
1635, until 1836 inclusive, with the time of holding their
several offices. The immense quantity of interesting mat
ter, that has been lying for ages upon the shelves of this of
fice, and annually accumulating, would, if the most interest
ing parts should be selected and published, compose a Libra
ry that would do honor to the State, and place so valuable
public documents beyond the reach of fire and accident,
while the present and future generations would become la.
miliar with the early history of their Ancestors, and the Puri
tan Fathers. Indeed a history of the Revolutionary war,
might be gathered from the files and records of this Office, .
so far as Connecticut was engaged in that bloody struggle
for liberty : with which too few of the present age are famil
iar, evidenced upon facts from the records of the State, which
would carry verity upon its face on every page. Several
Acts and Resolutions of the Legislature of the Colony, with
notes by the compiler will be found in this work, to show the
object of the letters to which they related, to be the better
understood by the reader.
The labor of collecting the materials and compilation of
this work, and copying the numerous documents it contains,
has taken much time, and the expense has been considerable.
But should it meet a favorable reception and ajTord instruc
tion to the reader, or amuse him in his leisure hours, it will
be an ample compensatian to the compiler.
Hartford, September 15th, 1836.

Explanation of Abbreviated Words.
Ye. The.
Yt. That.
Wt. What.
Matie. Majesty.
Acor. According.
Wth. With.
Wch. Which.
Yn. Than.
Or. Our.
Yr. or yor. Your.
Vs. Us.

GOVERNORS of the Colony and State of Con
necticut from the first Organization of the
Government of the Colony in 1639, to 1836, in
clusive.
John Haynes 1639, 1641, 3, 5, 7,* 9, 1651, «fe 3.
Edward Hopkins 1640, 4, 6, 8, 1650, 2, 4.
George Wyllys 1642.
Thomas 'Welles 1655, 8.
John Webster 1656.
John 'Winthrop 1657, 9, and 1660, to 1675, in
clusive. William Leet 1676, to 1682, do.
Robert Treat 1683, to 1687, do.
On the 31st day of Oct. 1687, Sir Edmund
Andross assumed the Government, and retained
it till the 9th day of May 1689, when Gov. Treat
* Previous to this time, (1647,) the Grovernors had no sal
ary by law allowed them, but served the people for the pub
lic good. But at this time, the General Court taking the af
fair into consideration, granted the Governour 30 pounds an
nually. A like grant was also made to the Deputy Govern
or for his services the preceding year. These were the first
salaries granted to any Civil Officers in the service of the
Colony. The following is a copy of the Act — March 9th, 1647.
•'Whereas by reason of many waighty occations, expen-
ces and chardges, are yearly expended by the Governour, it
is therefore ordered, that there shall be yearly allowed to that
place, j630, and £30, to the Deputy Governour for the year
past."

10 Lieutenant Governors.
with the former officers, at the urgent request of
ihepeople resumed the Government of the Colony.
Robert Treat 1689 to 1697, inclusive.
Fitz John Winthrop 1698 to 1707, do.
Gurdon Saltonstall 1708 to 1724, do.
Joseph Talcott 1725 to 1741, do.
Jonathan Law 1742 to 1750, do.
Roger Wolcott 1751 to 1753, do.
Thomas Fitch 1754 to 1765, do.
WilHam Pitkin 1766 to 1769, do.
Jonathan Trumbull 1770 to 1783, do.
Matthew Griswold 1784 and 5.
Samuel Huntington 1786 to 1795, do.
Oliver Wolcott 1796 and 7.
Jonathan Trumbull 1798 to 1809, do.
John Treadwell 1810.
Roger Griswold 1811 and 12.*
John Cotton Smith 1813 to 1816, do.
Oliver Wolcott 1817 to 1826, do.
Gideon Tomlinson 1827 to 1830, do.
JohnS. Peters 1831 and 2.
Henry W. Edwards 1833.
Samuel A. Foot 1834.
Henry W. Edwards 1835 and- 6.

Lieutenant Governors of the Colony and State of
Connecticut from 1639, to 1836 inclusive.
Roger Ludlow 1639, 1642, 1648.
John Haynes 1640, 4, 6, 1650, 2.
George Wyllys 1641.

* Died October 25, 1812.

Lieutenant Governors, 11
Edward Hopkins 1643, 5, 7, 9, 1651, 3.
Thomas Welles 1654, 6, 7, 9.
John Webster 1655.
John Winthrop 1658.
John Mason 1660 to 1668, inclusive.
William Leet 1669 to 1675, do.
Robert Treat 1676 to 1682, do.
James Bishop 1683 to 1687,* and from 1689 to
1691, inclusive.
WilHam Jones 1692 to 1697, do.
Robert Treat 1698 to 1707, do.
Nathan Gold 1708 to 1723, do.
Joseph Talcott 1724.
Jonathan Law 1725 to 1741, do.
Roger Wolcott 1742 to 1750, do.
Thomas Fitch 1751 to 1753, do.
William Pitkin 1754 to 1765, do.
Jonathan Trumbull 1766 to 1769, do.
Matthew Griswold 1770 to 1783, do.
Samuel Huntington 1784 and 5.
Oliver Wolcott 1786 to 1795, do.
Jonathan Trumbull 1 796 and 7.
John Treadwell 1798 to 1809, do.
Roger Griswold 1810.
John C. Smith 1811 and 12.
Chauncey Goodrich 1813 to 1815, do.
Jonathan Ingersoll 1816 to 1822, do.
David Plant 1823 to 1826, do.
John S. Peters 1827 to 1830, do.
1831 no choice.
Thaddeus Betts 1832.
Ebenezer Stoddard 1833.
Thaddeus Betts 1834.
Ebenezer Stoddard 1835 and 6.

* The interruption in the Government in 1687, 8 and 9,
through the interference of Sir Edmund Andross is mention
ed in the list of Governors.

12 Secretaries and Treasurers.
Secretaries of State of the Colony and State of
Connecticut, from 1639 to 1836 inclusive.
Edward Hopkins 1639.
Thomas Wells 1640 to 1647, inclusive.
John Cullick 1648 to 1667, do.
Daniel Clark 1658 to 1663, do.
John Allyn 1664.
Daniel Clark 1665 and 6.
John Allyn 1667 to 1695, do.
Eleazer Kimberly 1696 to 1708, do.
Caleb Stanly 1709 to 1711, do.
Hezekiah Wyllys 1712 to 1734,* do.
George Wyllys 1735 to 1795, do.
Samuel Wyllys 1796 to 1809-,!
Thomas Day 1810 to 1834, do.
Royal R. Hinman 1835 and 6.

Treasurers of the Colony and State of Connecti
cut, from 1637 to 1836 inclusive.
Clement Chaplin, Thomas Welles, Joseph Whi
ting, John Talcott, William Pitkin, John "Whiting,
Nathaniel Stanly, Joseph Talcott, John Law
rence, Jedediah Huntington, Peter Colt, Andrew
Kingsbury, Isaac Spencer, Jeremiah Brown.
* In consequence of the advanced age and indisposition of
Hezekiah Wyllys, George Wyllys officiated and signed his
official acts as Secretary during the Sessions of the Legisla
ture, in October 1730, Oct. 1732, Oct. 1733, and May and
Oct. 1734. -
t The office of Secretary remained in the Wyllys family
98 years.

THE PATESTT OF CONNECTICUT,
FKOM ROBERT, EARL OP WARWICK.
To all people unto whom this present writing
shall come, Robert, Earl of Warwick, sendeth
Greeting in our Lord God everlasting — Know yee,
that the said Robert, Earl of Warwick, for divers
good causes and considerations, him thereunto mov
ing, hath given, granted, bargained, sold, Enfeoffed,
aliened and confirmed, and by these presents doth
give, grant, bargain, sell, Enfeoff, alien and confirm
unto the Right Honourable Robert Lord Brooke,
the Right Honourable Lord Rich, and the Hon
ourable Charles Fines Esqr., Sir Nathaniel Rich
Knight, Sir Richard Salstonstall Knight, Richard
Knightly Esqr., John Pym Esqr., John Hamden
Esqr., John Humphry Esqr., and Herbert Pellam
Esqr., their Heirs and assignes and their associ
ates forever: all that part of New England in
America, which lyes and extends itself, from a
River there called Narragansett River, the space
of Forty Leagues upon a streight line, near the
sea shore, towards the southwest, west and by
south, or west, as the coast lyeth towards Virginia,
accounting three English miles to the League, and
also all and singular the lands, hereditaments what
soever, lying and being within the lands aforesaid,
north and south in Lattitude and breadth, and in
length and Longitude of, and within all the breadth
aforesaid, throughout the main lands there, from
the western oacean to the south sea, and all lands
and grounds, place and places, soyle, wood and
woods, grounds, havens, ports, creeks, and rivers,
2

14 Patent of Connecticut.
waters, fishings and hereditaments whatsoever, ly
ing within the said space, and every part and par-
cell 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 land by these presents mentioned, to be
given, granted, bargained, sold, Enfeoffed, aliened
and confirmed, and also all mines, mineralls, as
well royall mines of gold and silver, as other mines
and mineralls whatsoever, in the said lands and
premises, or any part thereof; and also the seve-
rall rivers within the said limits, by what name or
names soever called or known, and all jurisdic
tions rights and royalties, liberties, freedoms, im
munities, powers, privileges, franchises, prehem-
inences, and comodoties whatsoever, which the
said Robert, Earle of Warwick now hath or had,
or might use, exercise or enjoy in, or within any
part or parcell thereof, excepting and reserving to
his Majestic, his heirs and successors the fift part
of all gold and silver oare, that shall be found
within the said premises, or any part or parcell
thereof, to have and to hold, the said part of New
England in America, which lyes and extends and
is abutted as aforesaid ; and the said severall riv
ers and every part and parcell thereof, and all the
said islands, rivers, ports, havens, waters, fishings,
mines, mineralls, jurisdictions, powers, franchises,
royalties, liberties, privileges, comodities, heredita
ments and promises whatsoever, with the appurte
nances, unto the said William Viscount Say and
Seal, Robert Lord Brooke, Robert Lord Rich,
Charles Fines, Sir Nathaniel Rich, Sir Richard
Salstonstall, Richard Knightly, John Pym, John
Hamden, John Humphry and Herbert Pellam,
their heirs and assigns, and their associates forev-
ermore. In witness whereof the said Robert,

Marquis of Hamilton's Deed. 15
Earle of Warwick, hath hereunto sett his hand
and seal, the nineteenth day of March, in the sev
enth year of the Reigne of our Sovreigne Lord,
Charles by the grace of God, King of England,
Scotland, France and Ireland, defender of the
faith &c. Anno. Dom. 1031.
ROBERT WARWICK, \ seal, j
Signed, sealed and delivered in the presence of
Walter Williams, Thomas Howso^.
Note. — President Clap describes the extent of the tract
conveyed by the above Patent, in the words following : All
that part of New England which lies west of Narragansett
River, one hundred and twenty miles on the sea coast ; and
from thence, in the Latitude and breadth aforesaid to the
south sea. This grant extends from Point Judith to New
York ; and from thence in a west line to the south sea : and
if we include Narragansett River in its whole length, this
tract will extend as far north as Worcester, in Massachu-
setts.

A Copy of the Indenture or Deed from the Coun
cil of Plymouth, to James, Marquis of Hamil
ton, for sixty miles square in New England.
This Indenture, made the two and twentieth
day of April, in the eleventh year of the Reigne
of our Sovreigne Lord Charles by the grace of
God, King of England, Scotland, France and Ire
land, defender of the faith, &c., between the Coun-
cill established at Plymouth, in the County of De
von, for the planting, ordering, ruleing and gov
erning of New England in America, of the one

16 Marquis of Hamilton's Deed.
part, and the Right Houn'oble James, Marquess
Hamilton of the other part witnesseth, that where.
as our late Sovreigne Lord King James of bless.
ed memory, by his Highness Letters Pattents, un
der the great seal of England, bearing date at
Westminster the third day of November, in the
eighteenth year of His Highness Reigne over the
Realm of England, for the considerations in the
same Letters Pattents expressed, hath absolutely
given, graunted and confirmed, unto the said Coun-
cill and their successors forever, all the lands of
New England in America, lying and being in
breadth from forty degrees of northern Lattitude
from the Equinoctial Line, to forty-eight degrees
of the said northerly Lattitude, inclusively, and
in length of and within all the breadth aforesaid
throughout the main land from sea to sea, togeth
er also with all the firm lands, soyles, grounds, ha
vens, ports, rivers, waters, fishings, mines and min
eralls, as well royall mines of gold and silver, as
other mines and mineralls, precious stones, quar
ries and all and singular other comodoties, juris
dictions, royalties, priviledges, franchises and pre-
heminences, both within the said tract of land up
on the main, and also upon the islands and seas
adjoyning, as by the said Letters Pattents amongst
divers other things therein contained, more at
large it doth and may appear. Now this Inden
ture further witnesseth, that the said Councill in
performance of an agreement made by and be
tween themselves, and enacted the third day of
February last past before the date of this present,
for a competent sum of money, and also for other
good causes and considerations them the said
Councill hereunto especially moveing, have given,
graunted, bargained, sold, Enfeofed and confirm-
ed ; and by these presents do give, graunt, bar-

Marquis of Hamilton's Deed. 17
gaine, sell, Enfeof and confirme unto the said
James, Marquess Hamilton, his heirs and assigns,
all that part, purparte and portion of main lands
of New England aforesaid, scituate, lying and be
ginning at the middle part of the mouthe or en
trance of the River of Connecticutt in New Eng
land, and from thence to proceed along the sea
coast, to the Narohigansets River or harbour, there
to be accounted about sixty miles, and so up the
westerne arme of that river to the head thereof,
and into the land northwestward till sixty miles
be finished, and so to cross over land southwest-
wards to meet with the end of sixty miles to be
accounted from the mouthe of Connecticutt up
northwest, and also all islands and isletts as well
imployed as within five leagues distance from the
premises, and abutting upon the same or any part
or parcell thereof, not otherwise granted to any
by speciall name, all which part and portion of
lands and premises shal from henceforth be called
by the name of the county of New Cambridge,
and also the said Councill for the consideration
afores'd, have given, granted, bargained, sold. En
feoffed and confirmed, and by these presents doe
give, grant, bargain, sell. Enfeoff and confirm un
to the said James, Marquess Hamilton, his heirs
and assignes, all that other parcell or portion of
lands, woods and wood grounds lying on the east
side of the River of Sagadahock in the easterly
part of New England aforesaid, containing and to
contain there ten thousand acres, and to be hadd
and taken together as conveniently as the same
may be towards the head of the s'd river, and
next unto the land of Edward Lord Georges there.
which from henceforth is to be called by the name
of and moreover the said Councill
for the consideration aforesaid, have given, grant-
2*

18 Marquis of Hamilton's Deed.
ed, bargained, sold. Enfeoffed and confirmed, and
by these presents do give, grant, bargain, sell, En
feoff and confirm unto the said James, Marquess
Hamilton, his heirs and assignes, together with
the said bargained premises, all the firm lands,
soyles, grounds, havens, ports, rivers, waters, fish
ings, mines and mineralls, as well royall mines of
gold and silver as other mines and mineralls, pre
cious stones, quarries, and all and singular other
commodities, jurisdictions, royalties, priviledges,
franchises and preheminencies, both within the
said tracts of lands upon the main, and also with
in the islands and seas adjoining, saveing, except
ing and reserving out of this present graunt, only
the fifth part of the oare of gold and silver due to
His Majestic, his heirs and successors, and in and
by the said Letters Pattents reserved — to have
and to hold all those the said severall parcells of
land, and all other the said bargained premises,
with their and every of their appurtenances (ex
cept before excepted,) unto the said James, Mar
quess Hamilton, his heirs and assignes, to the only
propper use and behoofe of him the said James,
Marquess Hamilton, his heirs and assignes forev
er; and to be enjoyed as fully, freely and in as
large, ample and beneficiall manner and forme, to
all intents and purposes whatsoever, as they the
said Councill and their successors by vertue of the
said recited Letters Pattents may, might or ought
to have, hold and enjoy the same, or any part or
parcell thereof In witness whereof to the one
part of this present indenture, remaining in the
hands of the said James, Marquess Hamilton, they
the said Councill have fixed their common seal,
and to the other part of this present indenture, re
maining in the hands of the said Councill, the said
Marquess hath sett his hand and scale. Dated

Marquis of Hamilton's Deed. 19
the day and year first above written, Annoque
Domini 1635.
This is a true and authentick copee of the prin-
cipall indenture above written, under the seal
above specified, duely compared and collationed
by uss Notaries Publick underscribing, in the pres- '
ence of the witnesses afternamed, as doth witness
our signe and subscription mannal at Hamilton,
the 12th May, 1664.
R. HAMILTON, Notarius Publicus,
JA. CARNES, Notarius PubUcus.
J. Hamilton, Witness,
Jo. Carbarus, Witness,
Will Hamilton, Witness,
J. MoTHiiKSPooN, Witness.
Note. — From the first settlement of Connecticut by the
English in 1635, it does not appear from the records and files
in the Secretary's office, that any official correspondence or
communications passed between the settlers and the English
Government till 1661, but the infant Colony was left to its
own slender resources to struggle with innumerable difficul-
ties and hardships, incident to the commencement of all
new settlements : — This want of attention on the part of the
British Government to the new Colony, may be ascribed to
the civil dissensions and popular tumults which soon after
commenced in England, which resulted in a long and bloody
civil war, and eventually in the dethronement and execution
of King Charles the First in 1649, which was soon followed
by the dissolution of the monarchy, and the elevation of
Cromwell to the Protectorship of England, Scotland, Ire
land <&5c. in 1653. On the death of Cromwell in 1657, he
was succeeded by his son Richard, who proved a weak and
inefficient man, and resigned the Protectorship in 1659 ;
upon which the monarchy was soon restored, and Charles the
Second ascended the throne in 1660 ; the Government of
England soon became settled and permanent ; and a corres -
pondence between them and the Colony commenced, which
will be given in Chronological order.

20 The old Constitution.

A COMPACT or CONSTITUTION of Gov-
emment, entered into and adopted by the Colony
of Connecticut, January 14<A, 1638.*
For as much as it has pleased the Almighty God
by the wise disposition of his Divine Providence
so to order and dispose of Kings, that we the In
habitants of Windsor, Hartford, and Weathers-
field,t now cohabiting and dwelling in and upon
the River of Connecticutt and the Lands thereunto
adjoining, and well knowing when a people gath
ered together, the word of God requires that to
maintain the peace and union of such a people,
there should be an orderly and decent Government
estabUshed according to God, to order and dispose
of the affairs of the people at all seasons as occa.
sion shall require ; do therefore associate and con.
joine ourselves to be as one publick Estate or
Commonwealth, and do for ourselves and success
ors and such as shall be adjoining to us at any
time hereafter, enter into combination and confed
eration together to maintain and preserve the Lib
erty and purity of the Gospel of our Lord Jesus
Christ, which we now profess ; as also the Disci
pline of the Church of Christ, according to the
truth of said Gospel as now preached amongst us, .
as "also in civil affaires to be guided and governed
according to such Laws, Rules, Orders and De-
* This date of 1638, is owing to the manner of dating at
that time. The first settlers of the Colony commenced the
year on the 25th of March, and this was evidently in 1639,
ifor as appears by the Record, the December preceding was
1638, and the April following 1639.
t The three towns, Windsor, Hartford and Wethersfield,
composed at that time the Colony of Connecticut.

The old Constitution. 21
crees as shall be made Ordered and Decreed as
followeth : —
I. It is ordered, sentenced and decreed, that
there shall be yearly two Assemblys or Courts,
the one the second Thursday of April, the other
the second Thursday of September following, the
first shall be called the Court of Election, wherein
phall be yearly chosen from time to time so many
Magistrates and other publick officers as shall be
found requisite. Whereof one to be chosen Gov
ernour for the year ensuing and untiil another be
chosen, and no other Magistrate to be chosen for
more than one year, provided always there be six
chosen beside the Governor, which being chosen
and sworn according to an oath, recorded for that
purpose, shall have power to administer justice
according to the rule there established, and for
want thereof according 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 wherein they live, or the major part of such
as shall be there 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 chusing, shall bring in to the persons (deputed
to receive them) one single paper with the name
of him written on it whom he desires to have
Governour, and he that hath the greatest number
of papers shall be Governour for that year. And
the rest of the Magistrates or publick 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

22 The old Constitution.
would have the person 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 hath more written pa
pers 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 faithfull therein. But in
case there should be five chosen as aforesaid, be
side the Governour, out of those which are nom
inated, then he or they which have the most writ
ten papers 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, nor
shall any person be chosen newly into the Magis
tracy, which was not propounded in some general
Court before to be nominated the next Election,
and to that end it shall be lawfull for each of the
towns aforesaid by their deputies, to nominate any
two who they conceive fitter to be put to Elec
tion, and the Court may add so many more as they
judge requisite.
IV. It is ordered, sentenced and decreed, that
no person to be chosen Governour above once in
two years, and that the Governour be always a
member of some appointed congregation, and for
merly of the Magistracy within this jurisdiction,
and all the Magistrates freemen of this Common
wealth, and that no Magistrate or other publick
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 pur
pose. V. It is ordered, sentenced and decreed, that
to the aforesaid Court of Election, the several

The old Constitution. 23
Towns shall send their deputies, and when the
Elections are ended, they may proceed in any
publick service as at other Courts, unless the oth
er General Court in September, shall be for ma
king of laws and any other public occasion, which
concerns the good of the Commonweahh.
VI. It is ordered, sentenced and decreed, that
the Governour shall either by himself or Secreta
ry, send out sumons to the Constables of each
town for the calling of these two standing Courts,
one month at least, before their several times, and
also if the Governour 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 warn
ing, and if urgent necessity so require, upon a
shorter notice, giving sufficient grounds for it to
the deputies when they meet, or else be question
ed for the same, and if the Governour and the
major part of Magistrates shall either neglect or
refuse to call the two General standing Courts or
either of them, as also at other times when the
occasions of the Commonwealth require, the free
men thereof, or the major part of them shall peti
tion to them so to do, then if it be either denied or
neglected, the said freemen or the major part of
them, shall have power to give orders to the Con
stables of the several towns to do the same, and
so may meet together and chuse to themselves a
Moderator, and may proceed to do any act of
power which any other General Court may.
VII. It is ordered, sentenced and decreed,
that after there are warrants given out for any of
the said General Courts, the Constable or Con
stables of each town shall forthwith give notice
distinctly to the inhabitants of the same, in some
Public Assembly, or by going or sending from

24 Tlw old Constitution.
house to house, that at a place and time, by him
or them Hmited and set, they meet and assemble
themselves together to elect and chuse certain
deputies to be at the General Court then follow
ing, to agitate the affairs of the Comonweahh,
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
is not a freeman of this Comonwealth. There
fore said deputies shall be chosen in manner fol
lowing: every person that is present and qualified
as before expressed, shall bring the names of such,
written in several papers as they desire to have
chosen for that employment, and those three or
four, more or less being the number of the papers
written for them shall be deputies for that Court,
whose names shall be endorsed on the backside of
the v,arrant, 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 free
men as their deputies to every General Court, and
whatsoever other towns shall be hereafter added
to the jurisdiction, they shall send so many depu
ties as the Court shall think meet, a reasonable
proportion to the number of freemen that are in
the said towns, being to be attended therein, which
deputies shall have the power of the whole town
to give their votes and allowance to all such laws
and orders as may be for the publick good, and
unto ^hich 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

The old Constitution. 25
consult of all such things as may concern the good
of the publick, as also to examine their own Elec
tions whether according to the order, and if they
or the greatest part of them find any Election to
be illegal, they may seclude such person present
from their meeting, 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, and al
so 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 disor
derly at their meetings, or for not coming in due
time or place according to appointment, and they
may return the said fines into the Court, if it be
refused to be paid, and the Treasurer to take no
tice of it and collect or levy the same as he doth
other fines.
X. It is ordered, sentenced and decreed, that
every General Court, except such as thro neglect
of the Governor and the greatest part of Magis
trates, the Freemen themselves do call, shall con
sist of the Governor or some one chosen to mod
erate 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 neg
lect or refusal of the Governor, and major part of
the Magistrates shall call a Court, it shall consist
of the major piart of freemen that are present, or
their deputies, with a moderator chosen by them,
in which said General Court shall consist the su
preme power of the Commonwealth, and they
only shall have power to make Laws or repeal
them, to grant levies, to admit freemen, dispose of
lands undisposed of to several towns or persons,
and also shall have power to call either Court or
3

26 The old Constitution.
Magistrate 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
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 to silence unreasonable and disorder
ly speakings, to put all things to vote, and in case
the vote be equal, to give the casting voice. But
none of these Courts shall be adjourned or dissol
ved without the consent of the major part of the
Court. XI. It is ordered, sentenced and decreed, that
when any General 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 sett 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 1638, the 1 1 orders abovesaid are
voted. The oath of the Governor for tlie present year.
I, A. B. being now chosen to be Governor
within this Jurisdiction, for the year ensuing and
untiil a new be chosen, do swear by the great
and dreadfiill name of the everliving God, to pro
mote the public good and peace of the same ac
cording to the best of my skill, and also will main
tain all lawfull priviledges of this Commonwealth,
as also that all wholsome Laws that are or shall

The old Constitution. 27
be made by lawfull authority here established be
duly executed, and will further the execution of
justice according to the rule of Gods word, so
help me God in the name of the Lord Jesus
Christ. The oath of a Magistrate for the present year,
I, N. W. being chosen a Magistrate within this
Jurisdiction for the year ensuing, do swear by the
great and dreadfull name of the ever living God,
to promote the publick good and peace of the
same according to the best of my skill, and that I
will maintain all the lawfull priviledges thereof,
according to my understanding, and also assist in
the execution of all such wholsome Laws as are
made or shall be made by lawfull authority there
established, and will further the execution of jus
tice for the time aforesaid according to the righte
ous rule of God's word, so help me God.
The oath of a Constable.
I, A. B. of W. do swear by the great and dread-
full name of the everliving God, that for the year
ensuing and untiil a new be chosen I will faithfully
execute the office and place of a Constable for
and within the said plantation of W, and the lim
its thereof, and that I will endeavor to preserve
the publick peace of the said place and Comon
wealth, and will do my best endeavour to see all
watches and wards executed, and to obey and ex
ecute all lawfull commands or warrants that come
to me from any Magistrate or Magistrates or
Court, so help me God in the Lord Jesus Christ,

28 Articles of Confederation.
In accordance with the foregoing articles, the
people assembled at Hartford on the second Thurs
day of April 1639, and elected the following offi
cers for the year ensuing, viz :
John Haynes, Governor — Roger Ludlow, Dep
uty Governor.
George Wyllys, Edward Hopkins, Thos. Wells,
John "Webster, 'William Phelps, Magistrates or
Assistants. The Representatives of the General Court were
John Steele, Mr. Spencer, John Pratt, Edward
Stebbins, Mr. Gaylord, Henry Wolcott, Mr.
Stoughton, Mr. Ford, Thurston Rayner, George
Hubbard, Richard Crabb.*

ARTICLES of CONFEDERATION betwixt
the Plantations under the Government of the
Massachusetts, the Plantations under the Gov
ernment of Plymouth, the Plantations under the
Government of Connecticut, and the Govern
ment of New Haven, with the Plantations in
combination therewith.
Whereas we all come into these parts of
America, with one and the same end and ayme,
namely, to advance the Kingdome of our Lord
Jesus Christ, and to enjoy the liberties of the Gos
pel, in purety with peace ; and whereas in our
settling by a wise Providence of God we are fur
ther dispersed upon the sea coasts and Rivers, then
* This was the first Election by the Peoide in Connecticut.

Articles of Confederation. 29
was first intended, so that we cannot (according
to our desire) with convenience communicate in
one Government, and Jurisdiction; and whereas
we live encompassed with people of severall na
tions, and strange languages, which may hereafter
prove injurious to us, and our posterity : and for
as much as the natives have formerly committed
sundry insolencies and outrages upon several plan
tations of the English, and have of late combined
themselves against us ; and seeing by reason of
the sad distractions in England, which they have
heard of; and by which they know we are hin
dered, both from that humble way of seeking ad
vice, and reaping those comfortable fruits of pro
tection which, at other times, we might well ex
pect ; we therefore doe conceive it our bounden
duty, without delay, to enter into a present con-
sotiation amongst ourselves, for mutuall help and
strength in all our future concernments, that as in
nation, and religion, so in other respects, we be,
and continue, one, occording to the tenour and
true meaning of the ensuing articles.
1. Wherefore it is fully agreed and concluded
by and between the parties, or jurisdictions above
named, and they doe joyntly and severally by these
presents agree and conclude, that they all be, and
henceforth be called by the name of the United
Colonies of New England.
2. The said United Colonies for themselves,
and their posterities, doe severally and joyntly
and severally hereby enter into a firm and perpet-
uall league of friendship and amity, for offence and
defence, mutuall advice and succour, upon all just
occasions, both for preserving and propagating
the truth, and liberties of the Gospel, and for their
own mutuall safety and wellfare.
3. It is further agreed, that the plantations
3*

so Articles of Confederation.
which at present are, or hereafter shall be settled
within the hmits of the Massachusetts, shall be
forever under the government of the Massachu
setts ; and shall have peculiar jurisdiction amongst
themselves, as an entire body ; and that Plymouth,
Connecticut, and New Haven, shall each of them,
in all respects, have the like pecuhar jurisdiction
and government, within their limits. And in re
ference to the plantations which already are set
tled, or shall hereafter be erected and shall settle
within any of their limits respectively, provided
that no other jurisdiction shall hereafter be taken
in, as a distinct head, or member of this confede
ration, nor shall any other, either plantation or ju
risdiction in present being, and not already in com
bination, or under the jurisdiction of any of these
confederates, be received by any of them, nor
shall any two of these confederates, joyne in one
jurisdiction, without consent of the rest, which
consent to be interpreted, as in the sixt ensuing
articles is expressed.
4. It is also by these confederates agreed, that
the charge of all just wars, whether offensive or
defensive, upon what part or member of this con
federation soever they fall, shall both in men, pro
visions, and all other disbursements, be borne by
all the parts of this confederation, indifferent pro
portions, according to their different abilities, in
manner following, namely : that the commission
ers for each jurisdiction, from time to time, as
there shall be occasion, bring a true account and
number of all the males in each plantation, or any
way belonging to, or under their severall jurisdic
tions, of what quality, or condition soever they be,
from sixteen years old, to three score, being in
habitants there ; and that according to the differ
ent numbers, which from time to time be found in

Articles of Confederation. 31
each jurisdiction, upon a true, and just account,
the service of men, and all charges of the war, be
born by the poll: each jurisdiction or plantation,
being left to their own just course and custome, of
rating themselves and people, according to their
different estates, with due respect to their quali
ties and exemptions among themselves, though
the confederation take no' notice of any such priv-
iledge. And that according to the different charge
of each jurisdiction, and plantation, the whole ad
vantage of the war (if it please God to so bless
their endeavours) whether it be in lands, goods,
or persons, shall be proportionably divided among
the said confederates.
5. It is further agreed, that if any of these ju
risdictions, or any plantation, under or in combi
nation with them, be invaded by any enemy
whomsoever, upon notice, and request of any
three Magistrates of that jurisdiction so invaded :
the rest of the confederates, without further no
tice or expostulation, shall forthwith send ayde to
the confederate in danger, but in different propor
tion ; namely, the Massachusetts, one hundred men
sufficiently armed and provided for such a service
and journey ; and each of the rest, five and forty men,
so armed and provided, or any lesse number, if
lesse be required, according to this proportion. —
But if such a confederate may be supplied by
their next confederate, not exceeding the number
hereby agreed, they may crave help there, and
seek no further for the present. The charge to
be born, as in the articles is expressed ; and at
their return to be victualled and supplied with pow
der and shot (if there be need) for their journey,
by that jurisdiction, which employed or sent for
them. But none of the jurisdictions to exceed
these numbers, till by a meeting of the commis-

82 Articles of Confederation,
sioners for this confederation, a greater ayde ap
pear necessary. And this proportion to continue,
till upon knowledge of the numbers in each juris
diction, which shall be brought to the next meet
ing, some other proportion be ordered. But in
any such case of sending men for present ayde,
whether before or after such order or alteration, it
is agreed, that at the meeting of the commission
ers, for this confederation, the cause of such war
or invasion, be duly considered, and if it appear,
that the fault lay in the party so invaded, that then,
that jurisdiction or plantation, make just satisfac
tion, both to the invaders, whom they have injur
ed, and bear all the charges of the wav themselves,
without requiring any allowance from the rest of
the confederates toward the same.
And further, if any jurisdiction see any danger
of an invasion approaching, and there be time for
a meeting, that in such case, three Magistrates of
that jurisdiction may summon a meeting, at such
convenient place, as themselves shall think meet,
to consider, and provide against the threatened
danger. Provided, when they are met, they may
remove to what place they please, onely while any
of these four confederates, have but three Magis
trates in their jurisdiction, a request or summons,
from any two of them, shall be accounted of equal
force, with the three mentioned in both the clau
ses of this article, till there be an increase of Ma
gistrates there.
6. It is also agreed, that for the managing and
concluding of all affaires proper to, and concern
ing the whole confederation, two commissioners
shall be chosen by, and out of the foure jurisdictions,
namely : two for the Massachusetts, two for Plym
outh, two for Connecticut, and !wo for New Ha
ven, being all in church fellowship with us, which

Articles of Confederation. 33
shall bring full power from their severall generall
Courts respectively, to hear, examine, weigh and
determine all affaires of war, or peace, leagues,
aydes, charges and numbers of men for war, di
vision of spoyles, or whatsoever is gotten by con
quest, receiving of more confederates, or planta
tions into combination with any of these confede
rates, and all things of like nature, which are the
proper concomitants, or consequenses of such a
confederation, for amity, offence, and defence, not
intermedling with the government of any of the
jurisdictions, which by the third article, is preser
ved entirely to themselves. But if these eight
commissioners, when they meet, shall not all agree,
yet it is concluded that any six of the eight agree
ing, shall have power to settle, and determine the
businesse in question. But if six doe agree, that
then such propositions, with their reasons, so far
as they have been debated, be sent, and refered to
the foure generall Courts, viz : the Massachusetts,
Plymouth, Connecticut, and New Haven. And if
at all the said generall Courts business so referred,
be concluded, then to be prosecuted by the con
federates, and all their members. It is further
agreed, that these eight commissioners shall meet
once every year, besides extraordinary meetings,
according to the fifth article, to consider, treat,
and conclude of all affaires belonging to this con
federation, which meeting shall ever be the first
Thursday in September. And that the next meet
ing after the date of these presents, which shall
be accounted the second meeting, shall be at Bos
ton in the Massachusetts, the third at Hartford,
the fourth at New Haven, the fifth at Plymouth,
the sixth and seventh at Boston ; and then Hart
ford, New Haven, and Plymouth, and so in course
successively. If in the mean time, some middle

34 Articles of Confederation.
place be not found out, and agreed on which may
be comodious for all the jurisdictions.
7. It is further agreed, that at each meeting of
the eight commissioners, whether ordinary or ex
traordinary; they all, or any six of them agreeing
as before, may choose their President out of them
selves, whose office and work, shall be to take
care, and direct for order, and a comely carrying
on of all proceedings in the present meeting. But
he shall be invested with no such power or re
spect, as by which he shall hinder the propounding
or progresse of any businesse, or any way cast
the scales, otherwise then in the precedent article
is agreed. 8. It is also agreed, that the commissioners for
this confederation, hereafter at their meetings,
whether ordinary or extraordinary, as they may
have commission or opportunity, doe endeavour to .
frame and establish agreements and orders in gen
erall cases of a civil nature, wherein all the plan
tations are interested, for preserving peace amongst
themselves, and preventing (as much as may be)
all occasions of war, or differences with others, as
about the free and speedy passage of justice in
each jurisdiction, to all the confederates equally, as
to their own, receiving those that remove from
one plantation to another without due certificates,
how all the jurisdictions may carry it towards the
Indians that they neither grow insolent, nor be in
jured without due satisfaction, lest war break in
upon the confederates, through such miscarriage.
It is also agreed, that if any servant run away from
his master, into any other of these confederated
jurisdictions, that in such case, upon the certificate
of one Magistrate in the jurisdiction, out of which
the said servant fled, or upon other due proof, the
said servant shall be delivered, either to his mas-

Articles of Confederation. 35
ter, or any other that pursues, and brings such
certificate, or proof And that upon the escape of
any prisoner whatsoever, or fugitive, for any crim-
inall cause, whether breaking prison, or getting
from the officer, or otherwise escaping, upon the
certificate of two Magistrates of the jurisdiction,
out of which the escape is made, that he was a
prisoner, or such an offender at the time of the
escape ; the magistrates, or some of them, of that
jurisdiction, where for the present the said prisoner
or fugitive abideth, shall forthwith grant such a
warrant, as the case will bear, for the apprehend
ing of any such person, and the delivering of him
into the hand of the officer, or other person who
pursueth him. And if help be required for the
safe returning of any offender, it shall be granted
unto him that craves the same, he paying the char
ges thereof.
9. And for that the justest wars may be of
dangerous consequence, especially to the smaller
plantations, in these united colonyes, it is agreed,
that neither the Massachusetts, Plymouth, Con
necticut nor New Haven, nor any of the members
of any of them, shall at any time hereafter, begin,
undertake or engage themselves, or this confede
ration or any part thereof, in any war whatsoever,
(sudden exigents with the necessary consequences
thereof excepted, which are also to be modera
ted, as much as the case will permit) without the
consent and agreement of the forenamed com
missioners, or at least six of them, as in the sixt
article is provided. And that no charge be re
quired of any of the confederates in case of a
defensive war, till the said commissioners have
met, and approved the justice of the war ; and
have agreed upon the sum of money to be levied,
which sum is then to be paid by the severall con-

36 Articles of Confederation,
federates, in proportion, according to the fourth
article. 10. That in extraordinary occasions, when
meetings are summoned by three Magistrates of
any jurisdiction, or two, as in the fifth article, if
any of the commissioners come not, due warning
being given, or sent, it is agreed, that four of the
commissioners shall have power to direct a war,
which cannot be delayed, and to send for due pro
portions of men, out of each jurisdiction, as well
as six might doe, if all met, but not lesse than six
shall determine the justice of the war, or allow
the demands, or bills of charges, or cause any lev
ies to be made for the same.
It is further agreed, that if any of the confede
rates shall hereafter break any of these present
articles, or be any other way injurious to any one
of the other jurisdictions, such breach of agree
ment, or injury shall be duly considered, and or
dered by the commissioners for the other jurisdic
tions, that both peace, and this present confedera
tion, may be entirely preserved without violation.
Lastly, this perpetuall confederation, and the
severall articles and agreements thereof, being
read and seriously considered, both by the generall
Court for the Massachusetts, and by the commis
sioners for Plymouth, Connecticut, and New Ha
ven, were presently and fully allowed and con
firmed by three of the forementioned confederates,
namely : the Massachusetts, Connecticut and New
Haven ; in testimony whereof, the generall Court
of the Massachusetts, by their Secretary, and the
commissioners for Connecticut and New Haven,
subscribed them the 19th day of the third month,
commonly called May, Anno. Domoni, 1643.
Only the commissioners from Plymouth, having
brought no commission to conclude, desired re-

Colonial Petition to Charles II. 37
spite to advise with their generall Court, which
was granted, and at the second meeting of the
commissioners for the confederation, held at Bos
ton, in September following, the commissioners
for the jurisdiction of Plymouth, delivered in an
order of their generall Court, dated the 29th of
August 1643, by which it appeared that these ar
ticles of confederation were read, approved and
confirmed by the said Court, and all their town
ships, and their commissioners authorized to rati-
fie them by their subscriptions, which they accor
dingly did the 7th day of September, 1643.
The foregoing articles were signed in behalf of
the Commissioners and the General Court of Mas
sachusetts, by Increase Howell, Secretary.
The Commissioners for Massachusetts, were
John Winthrop, Joseph Dudley, Simon Brad-
street, W. Hawthorne, Mr. Gibbons, Mr. Tyng.
For Connecticut, John Haynes, Edward Hop
kins. For New Haven, Theophilus Eaton, Thomas
Gregson. For Plymouth, Edward Winslow, William Col
lier.

The humble Petition of the General Court at
Hartford upon Connecticott in New England,
to the High and mighty Prince Charles the sec
ond, hunMy sheweth,
That your Petitioners have not had for many
years past, since their possession and inhabiting

38 Colonial Petition to Charles II.
these western andinnland parts of this wilderness.
any opportunity, (by reason of the calamities of
the late sad times) to look for and obtain such
grant by letters pattents, from your excellent Ma
jesty, the Sovreign Lord and King, as might as
sure them of such hberties and priviledges and
sufficient power, as might encourage them to go
on through all difficulties, hazzards and expences,
in so great a work of plantation, in a place so re-
moate from the chi-istian 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 yett survi
ving, about the purchass, building, fortifying and
other matters of cultering and improveing to a
condition of safety and subsistence in the places
of our present abode amonge the Heathen, where
by there is a considerable, and a reall addition to
the honnour and enlargements of his Majesties -
dominion, by the sole disbursments of his Majes
ties subjects here, of their own propper Estates :
They have laid out a very great summ for the pur-
chassing a Jurisdiction Right, of Mr. George Fen-
wick, which they were given to understand was
derived from true Royall authority, by Letters
Pattents to certain Lords and Gentlemen therein
nominated ; a copy whereof was produced before
the commissioners of the colonys, and approved
by them, as appears by their Records, a coppy
whereof is ready to be presented at your Majes
ties command ; though either by fire, at an house,
where it had been sometimes kept, or some other
accident, is now lost, with which your poor sub
jects were rather willing to have contented them
selves within those afflicting times, then to look for

Colonial Petition to Charles 11. 39
power or priviledges from any then their lawfull
Prince and Sovreign.
May it therefore please your most gracious and
Excellent Majestic to confer upon your humble
Petitioners (who unanimously do implore your
Highness favour and Grace therein) those liber
ties, rights, authoritys and priviledges which were
granted by the forementioned Letters Pattents, to
certain Lords and Gent, so purchased as aforesaid,
or which were enjoyed from those Letters Pat
tents, granted to the Massachusetts Plantation by
our Fathers, and some of us yett surviveing when
there, in our beginnings inhabiting : and upon
which those large incouragements, liberties and
priviledges, so great a transplantation from our
dear England, was undertaken (and supposed to
be yett our inheritance, till the running of that
western line, the bounded limits of those Letters
Pattents did since our removall thence determine
our lott to be fallen without the limits of that so
bounded authority.) May it please your Majestic
graciously ' to bestow uppon your humble suppli
ants such Royall munificence according to the ten
our of a draft or instrument, which is ready here
to be tendered at your Gracious order.
And whereas besides those many other great
disbursments as aforesaid, in prosecution of this
wilderness work, your poor Petitioners were forced
to maintain a warr against one nation of the Hea
thens that did much interrupt the beginnings of
your servants, by many bloody and hostile acts,
whereby divers of our dear countrymen were
treacherously destroyed, and have also been ever
since, and are still at much charge in keeping such
a correspondence of peace and amity, with the di
vers sorts of the heathen nations that are round
about your plantations, thus far extended into the

40 Colonial Petition to Charles II.
bowells of the country, besides the maintenance
of all publick charges for church and civill affairs,
which are very great, in respect of our great pov
erty : May it please your most Excellent Majes
tic, out of your princely bounty to grant our im
munity from customes as may encourage the mer
chants, to supply our necessities, in such comodi
ties as may be wanting here, for which we have
neither silver nor gold to pay, but the supply in
that kind may inable in due time to search the
bowells of the earth for some good minerals,
whereof there seem to be fair probabilities, or
produce some such other staple comodities, as
may in future time opperate to be good effects of
y'r Majesties goodness and bounty. If your poor
colony may find this Gracious acceptance with
your Majestic, as to grant their humble desires,
whereby they may be incouraged to goe on care
fully and strenuously in their plantation business,
in hope of a comfortable settlement for them
selves, and their posterity, that under your Royall
Protection, they may prosper in this desert, they
shall, as is their acknowledged duty, ever pray for
your great tranquility and perpetuall happiness,
and humbly craveing leave they subscribe them
selves, your Majesties Loyall Subjects and Ser
vants. The Generall Court of the Colony of Connec
ticott in New England, pr their Order,
DANIEL CLARK, Seory.
Dated June 7th, 1061.
Nol£. — At a Session of the General Court in May, it was
resolved to petition the King for a Charter under the Royal
Signature. They avowed their allegiance to his Majesty
Charles the Second, and declared themselves his faithful sub-
jects ; and that it was necessary to petition his grace for the
continuance of their rights and privileges. The Court re-

lietter to Lord Say and /Seal. 41
solved that five hundred pounds (due the Colony from a Mr.
Cullick)* should be appropriated to the prosecution of their
address and application for a Charter. Governor Winthrop
was appouited Agent to present the petition to his Majesty,
and transact all affairs in England relative to it. At the
same time a letter was addressed to Lord Say and Seal, rep.
resenting the encouragements which they had received from
him, with assurances of his patronage and favor. He re
ceived the address from the Colony most favorably, and gave
Gov. Winthrop all the assistance in his power. Gov. Win
throp was a man of address, and he arrived in England at a
happy time for Connecticut. He had an extraordinary Ring,
which had been given his Grand Father by King Charles the
first, which he presented to the King. Under these circum
stances the petition of Connecticut was presented, and was
received with uncommon grace and favor. Upon the 23d
of April 1662, his Majesty granted the Colony his letters
pattent, conveying the most ample privileges, under the great
seal of England. Trum. Hist. Con.

Copy of a Letter sent from the Governor and
General Court of the Colony of Connecticut, to
the Lord Say and Seal.
Right Honourable —
The former encouragements that our Fathers
and some of their yett surviving associates recei
ved from your Honour, to transplant themselves
and families into these inland parts of this vast
wilderness, where (as we have been given to un
derstand) your Honnor was, and as we conceive
* It appears from the Records of the Colony, that the va
rious appropriations made, and taxes imposed, to defray the
charges of Gov. Winthrop's agency, and other necessary
expences attending it, that the Charter cost the Colony near
ly $6000. 4*

42 Letter to Lord Say and Seal.
and hope are still interested by value of Pattent
power, and authority, doth not only perswade us,
but assure us of your patronage and favour, 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 civill
and Ecclesiastick pollicie is so deeply concerned.
Honourable Sir, nott long after that some persons
of noate, we forbear to recite, had settled upon
this River of Connecticott, and some Plantations
up the River were possessed, and in some measure
improved ; Mr. George Fenwick took possession
of Saybrook Fort, there resideing for certain or
severall years ; at length he was moved for ends
best known to himself to returne to England, and
thereupon propounded by himself, or agent, the
sale of the Fort, with the Housing there, and sev
erall appertenances, together with all the Lands
on the River, and so to the Narragansett Bay, with
jurisdiction power to this Colony, which was ex
ceedingly opposed by severall amongst us, whom
some of us have heard to affirm that such a thing
would be very distastfull to your Honour, with the
rest of the noble Pattentees, who had very boun-
tifull intentions to this Colony nevertheless, tho
there was a stopp for the present, yett in some
short time, (God removeing some from us by
death, that were interested in the hearts and af
fections of severall of those Nobles and Gent, the
Pattentees in England) the business of purchass
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 premi
ses, the rest of the Pattentees deserting, 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 purchassing of the said

Letter to Lord Say and Seal. 43
Fort &c,, itt was frequently reported that he pro
posed either to impose customes on the River, or
make sale thereof to the Dutch, our noxious neigh
bours, at last for our peace and settlement and
security (as we hoped) we made by our Commit
tee, an agreement with the said Mr. Fenwick, a
coppie whereof is ready to be presented unto your
Honnour, which cost this River, one thousand six
hundred pounds or thereabouts, wherein your
Honnour may see the great abuse that we receiv
ed at Mr. Fenwicks hand, receiving a vast sum
from a poor people, and we scarcely att all advan
taged thereby ; may we judge our condition worse
then if we had contented ourselves with the pat
ronage of the grand Pattentees, for we have not
so much as a coppy of a Pattent to secure our
standing as a comonwealth, nor to ensure us for
the continuance of our rights and priviledges and
immunities, which we thought the jurisdiction pow
er 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 in
tended 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 to.
wards Narragansett, we know not how to claime,
being destitute of Pattent and a coppie to decide
the bounds. Be pleased noble Si^ to considder our
condition, who have taken upon us this boldness
to address his Majestic, our Sovreigne Lord, and
to petition his Grace and favour towards us, in
granting us the continuance of his protection, and
the continuance of those priviledges and immuni.
ties, that we have hitherto enjoyed in this remote
western part of the world ; and likewise for a

44 Letter to Lord Say and Seal.
Pattent, whereby we may be encouraged and
strengthened in our proceedings. Right Honnour-
able, oar humble request to yourself is, that you
would be pleased to countenance our enterprize,
and so farr favour us, as to councell and advise our
agent who is to Represent this poor Colony, and
to act in our behalfe, John Winthrop Esqr., our
Honnoured Governour, whom we have commis
sioned and also directed to await your Honnours
pleasure, for advise and counsell, both respecting
our Petition for the King's Majestie, as also re
specting the case forementioned, that if there be
any relief for us, we may not lose such a conside
rable sum of money, and be exposed to further
expence for the obtaining a Pattent. If we may
find this favour with your Honnour to afford your
advice and counsell and hopefulness to bring to pass
our desiers, we shall still acknowledge your en-
larged bounty and favourable 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 respect, we sub
scribe Sr your Lordships Humble Servants.
The Generall Assembly of the Colony of Con
necticut, pr, their Order, DANIEL CLARK, Secry.
Dated June 7th, 1661.

Order relative to Indian Lands. 45

The Order and conclusion of his Majesty's Com
missioners relative to Indian Lands in the Nar-
xaganset Country.
Haveing received from some of the principall
Sachems of the Narrogansett Indians, a submis
sion, and a surrender of themselves, their subjects
and their lands, to the protection. Government and
dispose of our dread Sovreign the King of Great
Brittain, France and Ireland, as well by their per
sonal acknowledgements and laying down their
arms, as at his Majesties feet, and sending his
Majesty some presents, as also by giveing us a
Deed, dated April 19th, 1644, wherein they and
all the other chief Sachems of that country, did
then submitt, subject and give over themselves to
his late Majesty of blessed memory, and by pre
senting to us severall Petitions and declarations,
containing many injuries, which (they say) they
have received from severall of his Majesties Eng
lish subjects, against whom they desire justice from
us. Wee his Majesties Commissioners have re
ceived them into his Majesties protection, and do
in his Majesties name, order, appoint and com
mand, that the said country from hence forward
be called the Kings Province, and that no person
of what Colony soever presume to exercise any
jurisdiction within this the Kings Province, but
such as receive authority from us under our hands
and seals, untiil his Majesties pleasure be further
known : and we also declare that this the Kings
Province doth extend to Pawkatuck River west
ward, and a north line drawn to the Massachu
setts from the midst of the mouth thereof
And whereas Major Atherton, and others of his
Majesties Colony of the Massachusetts, pretend a

46 Order relative to Indian Lands.
mortgage of a great part of the said country, we
order and appoint, that whenever either of the
Sachems, known by the name Pessicus or Nene-
craft, or any authorized by them, do pay unto any
one of the persons laying claime to the same
mortgage, the sum of seven hundred thirty-five
Fathoms of Peage, the said mortgage shall be void,
and whatever is thereupon pretended to by them.
And virhereas there is also two purchases pre
tended to, of two great tracts of land, by the same
Major Atherton, Capt. Hudson and others of his
Majesties Colony of Massachusetts, bought of
Cachanaquaud, in the Narrogansett country, in
the year 1659, in which Deed there is no mention
of any consideration, and that it appears the said
pretending purchasers know that the said country
was submitted to his Majestie, as well by witness
es as by the said submission, being eighteen years
ago printed. Wee his Majesties commissioners
haveing beared the whole business, do declare the
said purchases to be void, and order and com
mand that the purchasers shall quitt, and go off the
said pretended purchased land, and shall not keep
any cattle of any sort upon the said land by pre
tence of the said purchase, after the feast of St.
Michael next ; if within that time, either of the
Sachems above named, or any authorized by them,
do pay unto any one of the said purchasers the
summ of three hundred Fathom of Peage, which
is the only sum acknowledged to be received by
the said Cachanaquaud— Given under our hands
and seals at Petaquamskuck the 20th March, 1664.
ROBERT CARR, f"?
GEORGE CARTWRIGHT, T't
SAMUEL MAVERICK. T"f

A Letter to the Colony of Connecticut. 47
Our meaning in settling the western bounds to
the Kings Province, is not to take any land on the
west side of the River mouth called Paucatuck,
therefore we declare that the northern line to be
drawn to the Massachusetts line shall begin in the
midst ^of the said River, a little above Thomas
Shaw's House, as soon as one may ride over the
River on horseback at low water. "
Given under our hands at Southerton, March
30th, 1665.
ROBERT CARR,
GEORGE CARTWRIGHT,
SAMUEL MAVERICK.

A Letter from his Majesty Charles 2d, to the Gov
ernor and Council of the Colony of Connecti
cut.
Charles R.
Trusty and well beloved wee greet you well,
having according to the resolution wee declared
to Mr. John Winthrop, at the time when wee re
newed your Charter, now sent these persons of
knowne abilityes and affection to us, that is to say
Coll'n Richard Nicolls, Sir Robert Carr Knt.
George Cartwright Esqr., and Samuel Mavericke
Esqr., our commissioners to visitt those our seve
rall Colonies and Plantations in New England, to
the end that wee may be the better informed of
the state and wellfare of our good subjects, whose
prosperity is very deare to us, wee can make no
question, but that they shall finde that reception
from you, which may testify your respect to us.

48 A Letter to the Colony of Connecticut.
from whome they are sent for your good, wee
need not tell you how carefull wee are of your
liberties and priviledges, whether Ecclesiasticall or
civill, which wee will not suffer to be violated in
the least degree : And that they may not bee, is
the principall businesse of our sayd commission
ers, as likewise to take care that the bounds and
jurisdiction of our severall Colonies there may be
clearly agreed upon, that every one may enjoye
what of right belongs unto them without strife or
contention ; and especially that the natives of that
countrey, who are willing to live peaceably and
neighbourly with our English subjects, may re
ceive such justice and civill treatment from them,
as may make them the more in love with their
Religion and manners ; soe not doubting of your
full compliance and submission to our desire, wee
bid you farewell. Given at our Court, at White
Hall, the 23d day of April, 1664, in the 16th year
of our Reigne.
By his Majesties Command,
HENRY BENNITE.
To ye Governour and Councill of Conecticutt
in New England.
To our trusty and well beloved, our Governour
and Councill of our Colony of Conecticutt, in New
England.

Commissions, ^, 49
The Commission of Col, Richard Nicolls, Sir
Robert Carr, George Cartright and Samuel
Maverick, Esqrs. from King Charles 2d,
Charles R.
Charles the second, by the Grace of God, King
of England, Scotland and France and Ireland^ de
fender of the faythe &c. to all to whome these
presents shall come Greeting — Whereas we have
rec'd severall addresses from our subjects of sev
erall coloneys of New England, all full of duty
and affection, and expressions of loyalty and alle
giance to us, with their humble desire that we
would renew their several charters, and receive
them into our favourable oppinion and protection ;
and severall of our coloneys there. And othejr
our loveing subjects have likewise complayned,
differences and disputes arisen upon the limits and
bounds of theire severall charters and jurisdic
tions, whereby unneighbourly and unbrotherly cour
tentions have and may arise, to the damage and
discreditt of the English interests ; and thatt all
our good subjects, residing there, and being plant
ers, is within the severall coloney's do not enjoy
the liberty and priviledges granted to them by our
severall charters ; upon confidence and assurance
of which, they transported themselves and their
estates into those partes, and we having received
some addresses from the great men and natives of
those countreys, in which they complayne of
breach of fayth and acts of violence and injustice,
which they have been forced to undergoe from our
subjects, whereby not onely our government is
traduced, but the reputation and credit of christian
religion brought into prejudice and reproach with
the G^entiles and inhabitance of those countreys,
5

50 Commissions, ^.
who know not God, the reduction of whom, to the
true knowledge and feare of God, is the most wor
thy and glorious end of all those Plantations, upon
all which motives, and as an evidence and manifes
tation of our fatherly affection towards all our
subjects in those severall coloneys of New Eng
land, (that is to say) of the Massachusetts, Con
necticutt, New Plimouth, Road Island and the
Providence Plantations, and all other Plantations
within that tract of land, known under the appela-
tion of New England, and to the end we may be
truely informed of the state and condition of our
good subjects there, that soe we may the better
know how to contribute to the farther improve
ment of their happynesse and prosperity ; know
yee therefore, that we reposeing speciall trust and
confidence in the fidelitie, wisedome and circum
spection of or trusty and well beloved Colonell
Richard Nicolls, Sir Robert Carr, Knight, George
Cartright Esquire and Samuel! Mavericke, of or
special grace certayn knowledge and mere mo
tion, have made, ordayned, constituted and ap-
poynted and by these presents doe make, ordayne,
constitute and appoynt the sayd Colonell Richard
Nicolls, Sir Robert Carr, Knight, George Cart-
wright and Samuel Maverick, our commissioners,
and doe hereby give and grant unto them, or any
three or two of them, or of the survivors of them
(of whom we will the sayd Colonell Richard
Nicolls dureing his life shall be allwayes one) and
upon equall division of opinions to have the cast
ing and decisive voyce, in our name to vissitt all
and every the severall colonyes aforesayd and ail-
so all pbwer and authority to heare and receive
and to examine and determine all complaynts, ap
peals in all causes and matters, as well miletary as
cnminall and civill, and proceed in all things for

Lord Chancellor's Letter to the Governor. 51
the providing for and setleing the appeals and
equity of the said countrey, according to their
good and sound discressions, and to such instruc
tions as they or the survivours of them have, or
shall from time to time receive from us, in that be
halfe, and from time to time as they shall finde ex
pedient, to certify us or our privy councill of theire
actings or proceedings, touching the premises and
for the doeing thereof any other matter or thing
relating thereunto, these presents or the enrolement
thereof, shall be unto them, and every of them a
sufficient warrant and discharge in that behalfe. —
In witnesse whereof we have caused these our
letters to be made pattents.
Given at our Court, at White Hall the 26th day
of Aprill 1664, and in the sixteenth year of our
Raigne.
BARKER.

The Lord Chancellors Letter to the Governour.
Good Mr. Governour,
You remember that I told you at parting, that
his Majesty would shortly send Commissioners,
which his great effection to his subjects there, hath
induced him to doe, that he may receive a full ac
count and information of the true state and condi
tion of his severall colonies, and thereby know
what further to contribute of his grace and good-
nesse, for the encrease of your prosperity. I
know you will give that reception and wellcom to
the Commissioners, as is due to the quality they

53 Duke Hamilton's Petition to the King, 4rc.
come to you in, and take such order for their de
cent accomodation and treatment, whilst they stay
in your colony, as may give a good example to
the rest, which they are hkewise to vissitt, in or
der, and may manifest your duty and affection to
his Majesty, from whome they are sent. I have
passed my word to them, that they shall finde all
the assistance you can give them, by your civili
ties, information and advice. I wish all happi-
nesse to your colony, and am good Mr. Winthrop
your affectionate servant,
CLARENDON, C.
Worcester House, 28th April, 1664.
For my good friend, the Governour of his Ma
jesties Colony of Connecticutt, in New England.

Copy of William, Duke Hamilton's Petition to
the King, and his Majesties reference of the
same to Col. Nichols ^c. his Majesties Com
missioners.
To the Kings most Excellent Majestie —
The Humble Petition of William Duke Hamil
ton, and Anne Dutchess of Hamilton, sheweth,
That whereas in the eleventh year of the Reigne
of your Royall Father of ever blessed memory,
the councill established at Plymouth in the county
of Devon, for planting, ordering and governing of
New England in America (according to the power
given them in the eighteenth year of the Reigne
of the late King James, by his Letters Pattents,
bearing date the 3d day of November) did for a

Duke Hamilton's Petition to the King, ^c. 53
competent summ of money and other valluable
considerations, bargain and sell unto the Petition
ers Father, by the name of James Marquess Ham
ilton, his heirs and assignees, all that part and por
tion of the main lands in New England, lying and
beginning at the middle part of the mouth of the
River Coverticu* to proceed along the sea coast, to
be accounted about 60 miles, and so up to the west
ward arm of the River into the land northwest
ward till 60 miles be finished, and so to cross
southwestward till 60 miles, all which part and
portion of lands were to be called by the name of
the county of New Cambridge, with severall oth
er lands and priviledges, as by the said Deed of
Feoffment doth more fully appear, a copy whereof
is hereunto annexed — since which time and by
reason of the late unhappy warr severall persons
have possessed themselves of the best and most
considerable parts of the said lands, without any
acknowledgement of your Petitioners Right.
Your Petitioners therefore most humbly pray,
that your Majestie will be gfaciously pleased to
recomend the premises to your Majesties Com
missioners for New England, and that care may
be taken that your Petitioners may be restored to
their just right, and that nothing be don to their
prejudice. At the Court at White Hall the 6th May 1664,
His Majesty is graciously pleased to referr this
Petition to tho Commissioners now imployed by
his Majesty to settle the affaires of New England,
who are to examine the obligations thereof, and
upon due consideration had, to preserve and re
store to the Petitioners their just right and inter
est, or otherwise to report their opinions to his

* Connecticut, 5*

54 Report concerning Bounds, 6fC.
Majestie, who will then declare his further pleas-
lu-e for the Honnourable Petitioners justification.
HENRY BENNIT.

The Report or determination of his Majesties
Commissioners concerning the Bounds of his
Royal Highness the Duke of York's Patent and
the Patent of the Colony of Connecticut.
By vertue of his Majesties commission we have
heard the differences about the bounds of the pa
tents, granted to his Royall Highnesse the Duke
of Yorke and his Majesties Colony of Conecti
cutt ; and haveing deliberately considered all the
reasons alleadged by Mr. Allyn Senr, Mr. Gold,
Mr. Richards and Captaine "Winthrop, appoynted
by the Assembly, held at Hartford the 1 3th day
of October 1664, to accompany John Winthrop
Esqr., (the Governour of his Majesties Colony of
Conecticut,) to New Yorke, and by Mr. Howell
and Captaine Young of Long Island, why the
sayd Long Island be under the Goverment of
Connecticutt, which are to long here to be recited,
wee doe declare and order, that the southern
bounds of his Majesties Colony of Conecticutt, is
the sea, and that Long Island is to under the Gov
erment of his Royall Highness the Duke of Yorke,
as is exprest by playn words, in the sayd patents
respectively. And also by vertue of his Majesties commission,
and by the consent of both the Governours, and
the gentlemen above named, wee allso order and
declare, that the Creeke or River, called Momo-

Report concerning Bounds, <^c. 55
ronock, which is reputed to be about twelve miles
to the east of Chester, and a lyne drawne from
the east poynt or side, where the fresh water falls
into the salt, at high water marke, north, north
west, to the fine of the Massachusets, be the wes
tern bounds of the sayd Colony of Conecticutt,
and all plantations lyeing westwards of that
creeke and lyne so drawne to be under his Royall
highnese Goverment, and all plantations lyeing
eastward of that creeke and lyne, to be under the
Goverment of Conecticutt. Given under our
hands at Forte James in New Yorke on Manhat-
ans Island this 30th day of November, 1664.
RICHARD NICOLLS,
GEORGE CARTWRIGHT,
SAMUELL MAVERICK.
December 28th, 1664.
Wee under written, on the behalfe of the Colo
ny of Conecticutt, have assented unto this deter
mination of his Majesties Commissioners in rela
tion to the bounds and limits of his Royall High
ness the Dukes pattent, and the pattent of Conec
ticutt— Nov. 30th, 1664.
John Winthrop,
Mathew Allyn,
Nathan Gold,
James Richards,
J. Winthrop.

56 Charles II Letter to the Colony.

A Letter from his Majesty Charles 2d, to the
Governor and Council of the Colony of Con
necticut, with the intelligence of the Declaration
of War against France.
Charles R.
Trusty and well beloved, we greet you well ;
in former letters* wee have directed you to put
yourselves in the best way of defence you could,
against the assaults of the French and Dutch, in
those parts, and for the secureing the comeiug of
all shippes hither ; towards which youmay assure
yourselves that wee cooperate from hence, with
our accustomed care for the good of our subjects,
and because the time offers itself more favourably
now then ever, of delivering yourselves from those
unquiet neighbours ; wee have thought fitt to writt
this unto you, to authoriz you to apply yourselves
with all your force and skill, to the reduceing to
our obedience all islands and plantations, in those
parts belonging to the French or Dutch nation ;
and especially that of Cannada, the effecting of
which we must leave to your . prudence and good
conduct, since it is impossible at this distance to
instruct you therein. And that our trusty and
well beloved Sir Thomas Temple, our Governour
of Nova Scotia, may the better correspond with
you, and be assisting therein, wee have by our let
ters required him thereunto, herewith sending you
our declaration of the warre against France :
which you are to publish in the manner you shall
thinke fitt, takeing the substance thereof and vary
ing the forme of it, according to what hath been
* Never received, as stated in a note in the margin of the
above letter.

Commissioners Letter to the Colony. 57
used in such cases. And soe we bid you fare
well. Given at our Court att White Hall, the 22d day
of February, in the 18th year of our Reigne,
1665—6. By his Majesties Command, Arlington.
To our trusty and well beloved, the Governour
and Councill, of our Colony of Connecticut, in
New England.

A letter from his Majesties Commissioners to the
Governor and General Assembly of the Colony
of Connecticut, relative to the claim of the Mar
quis of Hamilton, ^c.
Gentlemen —
We are very sorry we could not reach Hartford,
where we intended to have freely discoursed of
these things, which we now make our request,
and they are.
That we may have something in writing, to re
turn to the King concerning the grant of sixty
miles square, on the eastern side of Connecticut
river, &c. to James Marquess Hamilton, from
the councill of Plymouth, in Devon, in the year
1635. That there may be a place appointed betwixt
the two rivers of Pawkatuck and Mohegan, for
those Pequot Indians who now live on the eastern
side of Pawkatuck river, where they shall con
tinue till March the 1st 1665, and that then, if not

58 Answer to the preceding Letter.
before, they may be removed to that appointed
place, and leave the Kings province free.
That they may continue a distinct body of
themselves not putt under other Sachems, nor their
own, but under an Indian Governor, appointed by
the Court, at least till the King's pleasure be
known, they haveing requested this of us, upon
good reasons, we mean the whole body of the
Pequot Indians, both Robbins company as well
as the other.
And that you would left us know in what par
ticulars you would have us to be sohcitous to his
Majestie for the advantage of your colony, and it
shall cordially be endeavored by, your assured
friends.
ROBERT CARR,
GEORGE CARTWRIGHT,
SAMUEL MAVERICK.
New London, March 25th, 1665.
For our honnoured friend, the Governor and
General Assembly of his Majesties colony of
Connecticutt.

Copy of the answer of the Governor and General
Assembly of the Colony of Connecticut, to the
Letter of his Majesties Commissioners.
To the honnourable Sr Robert Carr, Knight,
George Cartwright, Esqr. and Samuel Maverick,
Esqr. his Majesties Commissioners.
In answer to Duke Hamilton's Petition, respect-

Answer to the preceding Letter. 59
ing a grant of land of sixty miles square, on the
east side of the river Coverticu.
1. We are wholly ignorant of any river within
the extent of our charter, that is known under
such an appellation, and therefore cannot concieve
that any part or tract of land under this Govern
ment is concerned in this demand.
2. Yet upon supposition that it may be con-
ceved to intend Connecticutt river, wee humbly
conceive that the originall pattent grant from
Royall authority, to the Lord Say, and other No
bles and Gentlemen which we purchased at a
dear rate, is lately ratified and confirmed by our
gracious Sovreign, under the broad Seal of England,
(the most absolute and unquestionable security of
the English subjects) in which grants the lands
forementioned are comprized. The grant to Con
necticutt was precedent to that of Duke Hamil
ton severall years, which gives us to conclude,
that propriety of title, will be settled upon priority
of Grant.
3. A Considerable tract of this land which the
Duke's Petition refers to, (if as before supposed,
it be determined Connecticutt,) was possessed by
a people most malignantly spirited against his
Majesties English subjects, and at our first settle-
ing here, when we were weak and few, they
grew very insolent against us, making invasion
upon us, murthering many of our people, thereby
necessitating us to a hazardous undertakeing, to
cast ourselves into the arms of God's Providence,
in endeavoring to suppress those bloody heathen,
and through benediction we found a good success,
and tho that wilderness land would not afford any
considerable recompence for the loss of lives and

60 Answer to the preceding Letter.
great expences, yet our peace, attained by that
conquest, did greatly rejoyce us.
4. We have had peaceable possession this 30
years, free from the least claime of any other that
ever we heard of, to this day, which perswades
us, that if the Dukes Highness had ever reason by
vertue of his grant, to make claime, yet that right
pretended, is extinct in law many years since.
His Majesty our Gracious Sovreign was pleased,
of his abundant favour and grace, to his subjects
of this colony, so farr to declare his free reception
of the reasons forementioned, of our purchase
made, and conquest recovered, and likewise by our
improvement and labour bestowed upon these
lands, as to insert them as motives to that late
renewal of our charter.
We humbly crave that as it hath been his
Majesties Royall pleasure to manifest his tender af
fection to, and care of his subjects wellfare in
these his colonies of New England, in sending
over his honnourable Commissioners to compose
and issue those things that might be of ill conse
quence between the severall colonies, so likewise
that it be well pleasing to his majesty, that this
his colony of Connecticutt might be free from
further trouble or inconvenience by this claime
that wee understand hath been presented by the
Marquis Hamilton.
And whereas your honnors are pleased so farr
to exercise your thoughts about the promotion of
the welfare of his Majesties subjects in this his
colony, as to vouchsafe us so favorable a tender
to be solicitous in our behalf to his Majesty our
gracious Sovreigne, in any particulars wherein we
may be advantaged, we crave your honnors as
sistance as followeth.

Answer to the preceding Letter. 61
1. That his Majestie 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 Royall Sovreigne,) and possessed and im
proved by severall poor people, whose progress
in ther labours and endeavors for their subsistence
(at the best very meane) will be impeded and
obstructed through fear of the event of such
claimes. 2. Whereas this colony is at a very low ebb in
respect to traffick, and although out of a respect to
our relation to the English nation, and that we
might be accounted a people under the Sovreignty
and protection of his Majestie the King of England,
we presumed to put the name or appellation of
New London, upon one of our towns, which na
ture hath furnished with a safe and commodious
harbour, though but a poor people, and discapa-
citated in several respects to promote traffique ;
we humbly crave of our gracious Sovreigne, that
he would be pleased out of his Princely bounty, to
grant it to be a place of free trade for 7, 10, or
12 years, as his Royall heart shall encline to
conferr, as a boon upon his poor yett loyall sub
jects. 3. We request of your honnors, — 1. that you
will please to represent unto his Majesty, our alle
giance, with our ready acknowledgement of his
princely grace, in the late renewall of our charter,
— 2. his more abundant grace in re-ratifying our
priviledges, both civill and ecclesiastick, in his late
gracious letter, sent to us by your honnors, — 3.
our ready compliance with his Majesties Royall
will and pleasure therein expressed, — 4. our chris
tian moderation to men of different perswasions, —
6

62 Propositions by Commissioners.
5. we humbly- implore the continuation of the
shines of his Royall favour upon our mean begin
nings, that so we may flourish under the benigne
aspect of our Lord the King.

Propositions made to the Governor and General
Court of Connecticut, by his Majesties Com
missioners.We were commanded principally to recom
mend these things to you from his Majesty.
1, That all Householders inhabiting this col
ony to take the oath of allegiance, and that the
administration of Justice be in his Majesty's
name, 2. That all men of competent estates, and of
civell conversation, (though of different judgment,)
may be admitted to be freemen, and have liberty
to chuse, or be chosen officers, both Military and
civill. 3. That all persons of civill lives, may freely
enjoy the liberty of theire consciences, and the
worship of God in that way which they thinke
best ; provided that this liberty tend not to the dis
turbance of the public, nor to the hindrance of the
maintenance of ministers regularly chosen, in each
respective parish, or township.
4. That all lawes and expressions in lawes,
derogatory to his Majesty, if any such have been

Answer to Propositions. 63
made, in these late troublesome times may be re
pealed, altered and taken off the fvle.
ROBERT CARR,
GEORGE CARTWRIGHT,
SAMUEL MAVERICK.
April 20th, 1665.

Answers to the foregoing propositions, by the Gov
ernor and General Assembly of the Colony of
Connecticut,
In answer to the foure propositions, directed by
yor honors to this Generall Assembly, as his
Ma'ties Royall will and pleasure we have here in
the following lines sent a transcript of the Assem
blies answer.
To the first proposal, that all householders in
habiting this colony take the oath of allegiance,
and that the administration of justice be in his
Ma'ties name, we returne,
That according to his Ma'ties pleasure exprest
in o'r charter, o'r hono'ble Governor formerly
hath nominated and appointed meet persons to
administer the oath of allegiance, who have ac
cording to their order administered the said oath
to several persons already ; and the administra
tion of justice hath been, is, and shall be in his
Ma'ties name.
Secondly. That all men of competent estates
and of civill conversation, though of different judg
ments, may be admitted to be freemen, and have
liberty to chuse and to be chosen officers, both
military and civill.

64 Answer to Prepositions.
' Ans. Our order for admission of Freemen, is
consonant with that proposition.
Thirdly. That all persons of civil lives, may
freely enjoy the liberty of their consciences, and
the worship of God, in that way w'ch they think
best ; provided that this liberty, tend not to the
disturbance of the publique, nor ye hindrance of
the maintenance of ministers, regularly chosen in
each respective parish or town.
Ans. Wee know not of any one that bathe
been troubled by vs for attending his conscience,
and it is our care, that ye ministers of the Gospel,
employed in the Lords work, be duly main-
teyned. Ffourth. That all lawes, and expressions in
lawes, derogatory to his Ma'tie, if any such have
bene, in these late troublesome times, may be re
pealed, altered, and taken of the ffile.
We returne, we know not of any law or ex
pressions in any law that is derogatory to his
M'tie, amongst vs ; but if any such be found, we
count it our duty to repeale, alter it, and take it of
the ffile, and this we attended, upon the receipt of
our Charter.

Letter from Charles II. 65

A Letter from his Majesty Charles 2d, to the Gov-
ernor and Council of the Colony of Connecti
cut, expressing h^s Majesties satisfaction of
their kind reception of his Commissioners by
the Governor, SfC.

Charles R,
Trusty and well beloved we greet you well,
haveing rece'd soe full and satisfactory an account
from our commissioners, both of the good recep
tion you have given them, and allso of your duti-
fuUness and obedience to us, wee cannot but let
you know how much wee are pleased therewith,
judging that respect of yours towards our officers
to be the true and naturall fruit which demon
strates what fidelity and affection towards us is
rooted in your hearts, and allthough your carriage
doth of itselfe most justly deserve our prayse and
approbation, yet it seems to be sett off with the
more lustre by the contrary deportment of the
Colony of the Massachusetts, as if by their re-
fractorinesse, they had -designed to recommend
and heighten the meritt of your complyance with
our directions for the peaceable and good gover
ment of our subjects in those parts, you may
therefore assure yourselves, that wee never shall
be unmindful of this your loyall and dutifull be
haviour, but shall on all occasions take notice of it
to your advantage, promiseing you our constant
protection and Royall favour, in all things that may
concerne your safety, peace and wellfare ; and so
wee bid you farewell, 6*

06 Letter from Charles II.
Given at our Court at White Hall, the 10th day
of Aprill, 1666, in the eighteenth yeare of our
Reigne, By his Majesties command,
WILL MORICE.
To our Trusty and well beloved, the Governour
and Councill of our Colony of Connecticutt, in
New England.

A Letter from his Majesty Charles 2d, recommend
ing a vigorous prosecution of the war with the
French and Dutch. Charles R.
Trusty and well beloved wee greet you well ;
by our letter of the 22d of February last, wee
gave you notice how that the French King have
ing declared warre against us and our subjects,
wee have been obliged, in our just defence to is
sue out our declaration likewise, a copy of which
was therewith sent you, whereby wee did resolve
to the utmost of our power to oppose him the sayd
French King, in this warre, so unjustly begunn up
on us, thereby wilUng and requireing you, as wee
had likewise done the rest of our Islands, Colo
neys and plantations in the West Indies, after a
fitt publication of our sayd declaration, forthwith
to apply yourselves by all wayes and means to
annoy, infest, dammage and destroys the French
as well as Datch, in those parts, and such of their
Colonyes and plantations as lye neare you, to re-

Letter from Charles II. 07
duce by the most speedy and effectuall wayes you
could to our obedience, and more especially, that
of the French in Canada, in all which wee en-
joyned our Colony of the Massachusetts to joyne
and correspond with you, wee doubt not but you
have accordingly taken care for, and that in due
time we shall receive a good accompt of your
diligence and circumspection therein. However,
wee have thought not amisse, out of the perticular
care wee have for the security and preservation of
those our Colonyes and plantations, hereby to
quicken you in the sudden execution of what you
shall finde fitt to resolve in that matter, that soe
the enemy takeing advantage of your remissnesse
and delayes, may not prevent you in the oppertu-
neties you may have upon them, as wee have rea
son to believe by all meanes they will indeavour
to doe ; and considering the more imediate dan
gers to which the Barbadoes and other the Cari-
bee Islands are exposed from the French, and that
wee cannot as yet finde fitt to spare them those
supplyes from hence, that are necessary, the maine
issue of the warre, being in the first place to be
provided for, by a vigorous pursuit of those advan
tages it hath pleased God to give us against the
body of our enemies strength neare home, wee
cannot but in tendernesse to the safety of those
our islands and plantations very effectually re
commend it forthwith upon receipt hereof to con
sider with your neighbour Colony Massachusetts,
to whome wee have Hkewise written, on this oc
casion of som fitt number of forces, such as you
can best spare, to bee speedily sent to the reliefe
and defence of the sayd Caribee Islands, under
such able and discreet commanders as you shall
finde fitt to choose, which as it will bee seasonable
argument of your care and concernment for your

68 Letter from Charles II.
fellow subjects in those islands, soe shall we con
sider it as a singular expression of your good affec
tion and loyalty to us, and shall not forget to owne
it to you for such hereafter as there shall be occa
sion — and soe wee bid you farewell.
Given at our Court at White Hall, the 28th day
of August, 1606.
By his Ma'ties command,
ARLINGTON.
To our Trusty and well beloved, our Govern
our and Councill of our Colony of Connecticutt, in
New England,

A Letter from his Majesty Charles 2d, to the
Governor and Council of Massachusetts, com
municating intelligence of the Declaration of
War against the States General of the United
Provinces : to be communicated to the other Col
onies.
Charles R,
Trusty and well beloved, we greet you well,
having found our self obliged fOr the just vindica
tion of the antient and undoubted rights of our
Crown* and for reparation as well of the many
affronts and indignities don to our Royal person
and dignity, as of the frequent wrongs and inju
ries don to our subjects, by the States Generall of
the United Provinces, to declare warr against
them, wee have thought good hereby to give you
knowledge thereof, willing you forthwith, upon re-

Letter from Charles II. 69
ceipt hereof, in the usuall manner to cause the
said warr to be proclaimed, within that our Colo
ny, according to our declaration, (copies of which
wee have directed to be herewith sent you,) and
that at the same time, you cause seizure to be made
of all shipps, goods and merchandizes, belonging
to the said States Generall, or their subjects: And
because we have reason to believe from the con
stant evill minde, they have been always known to
bear to our forreign Colonies and plantations, and
haveing likewise understood that a considerable
number of private men of warr are now prepare-
ing in Holland and Zealand, to be forthwith sent
into the West Indias, t© infest and annoy our plan
tations there, wee have thought fitt, out of our
princely care and regard to the safety of those re-
moate parts of our dominions, and for the secure
ing our good subjects inhabiting there, or trading
thither, to recommend it to you, as wee do by
these very particularly, forthwith to apply your
selves joyntly to consider of the condition thereof,
and by all the speediest, and most effectuall means
you can, early to provide for its safety and de
fence, and for the protection and security of such
shipps and vessells, as shall be from time to time
rideing in the roads and harbours there, from the
assaults and attempts of the Dutch, and particu
larly, wee think fitt for to repeat our former or
ders to you, that all such shipps, which shall come
thence, be enjoyned to sail in considerable num
bers for their common security, and that then, and
ever dureing their stay there, it will be fitt some
of the most experienced officers have authority
given them to command the rest ; wee have
thought fitt hereby to authorize and impower you
to do therein, what according to this or any other
emergencies shall appear to you to bee most for

70 Letter from Charles II.
the safety of our Colony, and navigation of our
merchants, and further, that in all other matters
relating to the jurisdiction of our most dear broth
er the Duke of York, our high Admirall &c., you
observe such orders and directions, as you shall
from time to time receive from him, whom wee
have commissioned to grant Letters of Marque,
and generall reprisals against the shipps, goods
and subjects of the States of the United Provin
ces, conformable to which our will and pleasure
is, that you take and seize the shipps, vessells and
goods, belonging to the said States, or any their
subjects or inhabitants within any their territories,
and to bring the same to judgement and condem
nation according to the course of admiralty and
laws of nations, and these our Letters that you
communicate to the rest of our Colonies your
neighbours ; our pleasure being, that with all care,
and application possible, they arm themselves
against the dangers which threaten them in this
conjuncture from such an enemy, and proceed ac
cording to these our directions, and such as they
shall receive from our said dear brother, assureing
them and all loveing subjects in those parts, that
we shall not be wanting on our part, on all occa
sions to help and succour them, to the utmost of
our power, and to contribute all possible means for
the security and improvement of the trade and
commerce. And so we bid you farewell.
Given at our Court at White Hall, the third day
of Aprill, in the twenty-fourth year of our Reigne.
By his Majesties command,
HILINGTON.
These for our trusty and well beloved, the Gov
ernour and Councill, for our Colony of the Mas
sachusetts ; to be communicated to the other Col
onyes.

Articles of Confederation. 71

Articles of Confederation between ye Plantations
under the Government of the Massachusetts, ye
Plantation under the Govr'ment of New Plim-
oth, and ye Plantations under the Goverment of
Connecticott.
Whereas wee all came into these parts of Amer
ica, with one and ye same end and aime, viz, to
advance j-e kingdome of our Lord Jesus Christ,
and to enjoy ye liberties of ye Gospell in purity
wth peace, and whereas in our settling by a wise
Providence of God, wee are further dispersed up
on ye sea costs and rivers yn was first intended,
so yt wee cannot according to our desire wth con
venience comunicate in our government and ju
risdiction ; and whereas we are compassed with
people of severall nations and strange languages,
which here often may prove injurious to us and
our posterity, and for so much as the natives have
formerly comitted sundry insolences and outrages
upon severall plantations of ye English, and have
severall times combined themselves ag'st us, and
seeing by reason of our distance from England
(our dear native country,) M'ee are hindered both
from that humble way of seeking advise and reap
ing those comfortable fruits of protection which
wee might otherwise well expect. Wee therefore
do account it our duty as well as safety, to enter
into a confederation for mutuall help and succor
in all our future concernments, that as in nation
and religion, so in other respects wee bee and con
tinue one according to ye tenure and true mean
ing of ye ensuemg articles,
1, "VVherefore it is agreed and concluded by and
between ye parties or jurisdictions above named,
and they doe jointly and severally by these pres-

72 Articles of Confederation.
enfs agree and conclude, that they all bee and
henceforth be called by the name of the United
Colonies of New England,
2, The said United Colonies for themselves and
their posterities doe joyntly and severally hereby
enter into a firme and perpetuall league of friend
ship and amity, mutuall advise and succor upon
all just occasions, both for preserving and propo-
gating the truth and liberties of the Gospell, and
for theire own mutuall safety and wellfare ; provi
ded notwithstanding, that the power of determin
ation of an offensive warr properly so called (so
as to engage the Colonies therein) shall be in the
severall Generall Courts of the aforementioned
confederation, 3, It is agreed if the plantations which at pres
ent are or hereafter shall be settled within ye lim
its of ye Massachusetts, shall be forever under ye
Goverment of ye Massachusetts, and have pecul
iar jurisdiction among themselves as an entire
body, and yt Plimoth and Connecticott each of
them in all respects have the like peculiar jurisdic
tion and goverment within their limits, according
to their respective Letters Pattents from his Ma'tie
provided if no other jurisdiction shall hereafter be
^aken in as a distinct head or member of the con
federation, nor shall any other plantation or juris
diction in present being, and not already in com
bination or under ye jurisdiction of any of those
confederates joyned in one juiisdiction without ye
consent of ye severall General Courts of the
above named confederates.
4. It is allso agreed yt for the manageing and
concluding of all affaires proper to, and concern
ing ye whole confederation, (not excepted ag'st in
these articles) two comisioners shall be chosen by
and out of each of these three jurisdictions, viz.

Articles of Confederation, 73
two for ye Massachusetts, two for Plimoth, and
two for Connecticott, being all in church fellow
ship with us who shall bring full power from their
Generall Courts to heare, examine and weigh and
determine the same ; but if those six comissioners
when mett shall not all agree, yt is concluded that
any five of ye six agreeing shall have power to
determine ye case in controversy ; but if five doe
not agree, that then such propositions with theire
reasons so far as they have been debated, be sent
and reserved to ye severall Generall Courts, and
if by all ye said Courts there be a concurrance in
the matter so referred, then to be accordingly pros
ecuted by all ye confederates, and all their mem
bers. 5, It is further agreed that the comissioners for
ye United Colonies shall meete but once in three
years, except in cases extraordinary, which meet
ings shall ever be on ye first Thirsday in Septem
ber, and yt ye next meeting after the "date of these
presents, shall be at Plimouth which shall be ac
counted the first meeting, the second at Boston,
ye third at Hartford, ye fourth at Boston, ye fifth
at Hartford, and so the meeting will be but once in
fifteen years at Phmouth, and double so often in
the other Colonies, if the mean time some middle
place be not found out and agreed on which may
be comodious for all,
6. It is further agreed, that at each meeting of
these six comissioners, whether ordinary or extri-
ordinary, they may chuse their President out of
themselves, whose office and work shall be to take
care and direct for order and comely carrying of
all proceedings in the present meeting, but he shall
be invested with no such power, by which he may
hind'r the propounding or progresse of any busi-
7

74 Articles of Confederation.
ness, or any wise cast the scales otherwise then in
the present articles is agreed.
7. It is also agreed yt the comissioners for this
confederation hereafter at theii; meetings, whether
ordinary or extraordinary, as they may have com-
ission or opportunity, may consult off and propose
to the severall Generall Courts to be by them al
lowed, and established, such orders in generall ca
ses of a civill nature wherein all the plantations
are interested, for preserving peace among them
selves, and preventing, (as much as may be) all
occasions of warr and differences with others, as
about the free and speedy passage of justice in
each jurisdiction, to all the confederates equally,
as to their own, receiving those that remove from
one plantation to another, how all the jurisdictions
may carry it towards the Indians that they neither
grow insolent, nor be injured without due satisfac
tion, lest warr break in upon the confederates
through such miscarriage : It is also agreed, that
if any servant run away from his master into any
other of these confederated jurisdictions, that in
such case upon ye certificate of one Magistrate in
the jurisdiction out of which ye said servant fled,
or upon other due proofe, the said servant shall be
delivered either to his master or ariy other that
pursues and brings such certificate or proofe ; and
yt upon the escape of any prisoner whatsoever,
or fugitive, for any criminall case, whether break
ing prison or getting from ye officer, or otherwise
escaping, upon ye certificate of one Magistrate of
ye jurisdiction out of w'ch the escape is made,
that he was a prisoner or such an offender at ^he
time of ye escape, the Magistrates or some of
them of yt jurisdiction where for ye present the
said prisoner or fugitive abideth, shall forthwith
grant such a warrant as the case will bear, for the

Articles of Confederation. 75
apprehending any such person, and the delivering
of him or her into ye hand of ye pursuer, and if
help be required, it shall be granted, he paying
charges yr of,
8, It is further agreed, that for the disposejng of
the Indian stock for the future, the chiefe of the
comissioners in the severall Colonies being annu
ally as formerly, the comissioners of ye Massa
chusetts with such others shal be present, or any
three of the comissioners yearly at Boston or else
where as they shall agree, and at the usuall time,
they may doe any act for the managing and order
ing of yt affaire as though all the comissioners
were present, and what they shall doe herein, they
shall keep a true record thereof, and transmitt the
account of ye same from time to time, to the tri
ennial meeting of ye comissioners,
9, It is also by these confederates agreed, that
the charge of all just warrs, whether offensive or
defensive, upon what part or member of this con
federation soever they fall, shall both in men, pro
visions and all other disbursments, be borne by all
the partys of the confederation, in different pro
portions, according to their different abilities, that
the rule for proportioning men and raising of mon
eys for the defraying of such charges as may from
time to time arise upon any warr, defensive or of
fensive, begun and carryed on according to the ar
ticles of confederation, shall as followeth : — The
Massachusetts one hundred, Plymouth thirty, Con-
necticot sixty, this rule to continue for fiveteen
years next coming, after ye begining of ye meet
ing of the comissioners, to be held at Plimouth in
September next; and then if any one or more of
ye confederates shall apprehend ye above said pro
portion to be unequal), ye matter shal be again
considered by ye comissioners, and w't they shall

76 Articles of Confederation.
agree upon, shall be presented to the severall
Generall Courts for their acceptance and confir
mation, (each jurisdiction or plantation being left
to their own just course and custome of rateing
themselves and people,) and that accr, to ye dif
ferent charge of each jurisdiction and plantation
ye whole advantage of the warr, (if it please God
to bless their endeavours,) whether it be in lands,
goods, or persons, shall be proportionally divided
among the said confederates,
10, It is further agreed, yt if any of these juris
dictions, or any plantation under them be invaded
by any enemy whomsoever, upon any notice or
request of any three Magistrates of yt jurisdiction
so invaded, ye rest of ye confederates without
any further meetin or expostulation, shall forth-
with send aide to the confederate in danger ; but
in different proportions, viz : ye Massachusets one
hundred men sufficiently armed and provided for
such a service and expedition ; Plimouth thirty
men so armed and provided ; and Connecticott
sixty men so armed and provided, or any lesse
number, if lesse be required, accr, to this proper.
tion ; but if such confederate in danger may be
supplied by the next confederate, not exceeding
ye number hereby agreed, they may crave help
there, and seek no further for the present, the
charge to be borne by the severall Colonyes, accr.
to their proportions abovesaid ; and at theire re.
turne to be victualled and supplyed w'th powder
and shott (if there be need) for their journey yt
jurisdiction yt imployed or sent for them, but in
any such case of sending men for present aide
whether before or after such order or alteration, it
is agreed yt at ye meeting of ye comissioners for
this consideration, ye cause of such warr or inva.
sion be duly considered, and if it appear yt ye

Articles of Confederation. 77
fault lay in ye party so invaded, yt then yt juris
diction or plantation make just satisfaction both to
ye invaders whome they have injured, and beare
all ye charges of the warr themselves, without re
quiring any allowance from ye rest of the confed
erates towards the same.
11, And for yt ye justest war may be of dan
gerous consequence, especially to the smaller plan
tations in these United Colonies : it is agreed yt
nether ye Massachusets, Plimouth, nor Connecti
cott, nor any of ye members of any of them, shall
at any tyme hereafter begin, undertake or ingage
themselves, or this confederation in any war
w'soever (suddain exigencies w'th the necessary
consequences, thereof excepted, which are also to
be moderated as much as the case will permitt,)
without ye consent of ye severall Generall Courts
of ye United Colonyes,
12, It is also agreed, yt in case of any suddain
exigences, or other weighty occasion, requiring ye
meeting of the comissioners before the ordinary
tyme, the Governor or any three Magistrates of
any the confederate jurisdictions, may sumon a
meeting of ye comissioners, briefly signifying ye
occasion thereof, and ye time and place of ye
meeting, which shall be accordingly attended by
ye comissioners of all ye confederate jurisdiction ;
and when met, they may adjourne to any other
tyme or place as they shall see meet,
13, It is also agreed, for ye settling of vaga
bonds and wandering persons, removing from one
Colony to another, to ye dissatisfaction and bur
then of the places, where they come, as dayly
experience sheweth us ; for ye future it is order
ed, yt where any person or persons shal be found
in any jurisdiction to have had there abode for
more yn three months, and not warned out by ye
7*

78 Articles cf Confederation,
authority of ye place, and in case of ye neglect
of any person so warned, as above'sd to depart,
if he be not by ye first opportunity yt the season
.will permitt, sent away from constable to consta
ble, to ye end he may be returned to ye place of
his former abode ; every such person or persons,
shall be accounted an inhabitant where they are
so found, and by them governed and provided for,
as their condition may require ; and in all such
cases the charges of the constables to be borne
by the Treasurer, where such constables do dwell.
14. It is agreed, yt if any of ye constables shall
hereafter break any of these present articles, or
be any other way injurious to any of ye confede
rate jurisdictions, such breach of agreement or in
jury, shal be duly considered ordered by ye com
issioners for ye other jurisdictions, yt both peace
and this present confederation may be preserved
wth'out violation,
15. Ffinally, whereas in ye former articles
agreed upon May 29, 1643, for the confederation
of the United Colonies above named. New Haven
is therein mentioned, and was owned as a distinct
confederate, and is by these included and consid
ered as one with Connecticott ; ye above'sd union
shal be always interpreted as by their own con
cession and not otherwise.
Now whereas for many years past, upon divers
good considerations, there was a confederation
agreed upon, by ye antient English Colonies, un
der his Ma'ties authority in New England for mu
tuall help, and defence, as also for ye better main-
teyning his Ma'ties interest ag'st any opposition
or intrusion of the barbarous natives and others,
as appeareth by articles that were agreed upon, in
ye year 1643, and upon record to be seen ; where
by ye said Colonyes have been so united, as hath

Articles of Confederation, 79
proved very beneficiall to all his Majesties sub
jects in these parts, for their peace and security ;
and whereas the severall Generall Courts of ye
said Colonyes, have seen cause to renew the said
confederation with some necessary alterations and
addition to ye s'd articles, as is more fully exprest
in ye articles above written : and also whereas ye
Generall Court for ye Massachusetts Colony by
their comission, dated in Boston Aug'st 30, 1672,
have nominated Thomas Danforth Esqr., and
Majr. William Hathhorne Esqr. their comissioners,
investing them with full power and authority to
signe, ratifie and confirme ye above recited arti
cles of confederation ; and in like manner ye
Generall Court held at Plimouth June 5, 1672,
have nominated Thomas Prence Esqr., and Majr.
Josiah Winslow Esqr., investing them with like
power, and ye Generall Court of Connecticott
Colony, held at Hartford, May 9, and June 26,
1672, have in like manner nominated John Win
throp Esqr., and James Richards Esqr., investing
them with hke power, the above'sd comissioners
being assembled at Plimouth, Sept. 5, 1672, have
read and examined these above written articles ;
doe accr. to their s'd comission, and by virtue
thereof, clearly and absolutely ratifie and confirme
the . same for the re-establishing of a perpetuall
confederation between the above named Colo
nyes, as was ye declared intention of the former
articles : in confirmation whereof the comission
ers above named, by the authority granted them
from their severall Generall Courts, and in their

80 Establishing a Post, SfC.
name and stead, have hereunto subscribed their
hands, in Plimouth.
THOMAS DANFORTH,
WM. HATHORNE,
THO. PRENCE,
JOSIAH WINSLOW,
JOHN WINTHROP,
JAMES RICHARDS.
September 5, 1672.

A general Court held at Hartford, October 8, 1674.
This Court being made sensible of the great
damage that might accrue to the publique, by a
hberty or boldness which some persons may take
to themselves (when employed by order of author
ity for the conveyance of letters, post and other
important occasions of this colony) by profuse and
extravigent spending at the ordinaries and other
places on the road upon the countryes account,
and also by great delayes on journeys, very pre-
judiciall to the colony, which willing to prevent,
doe therefore order that the allowance for those
persons (who shall be employed on such services)
for their wages and expences of themselves and
horses, shall be as followeth, from the first of May
to the middle of October : —
From Rye to Hartford, the horse hyer twelve
shillings, the man and expences, twenty, all, is one
pownd twelve shillings.
From Greenwich to Hartford, the horse hyer
ten shiUings sixpence, the man and expences sev-

Establishing a Post, 6fC. 81
enteen shillings, all, one pound seven shillings and
sixpence. From Standford to Hartford, the horse hyer
ten shillings, the man and expences, sixteen shil
lings, all, is one pownd seven shillings.
From Norwalk to Hartford, the horse hyer nine
shillings, the man and expences fifteen, all, is one
pownd fower shillings.
From Fayrefield to Hartford, the horse hyer
eight shillings, the man and expences, thirteen
shillings sixpence, all, is one pownd one shilhng
and sixpence.
From Stratford to Hartford, the horse hyer
seven shillings, the man and expences twelve shil
lings, al, is nineteen shillings.
From Milford to Hartford, horse hyer six shil
lings, the man and expences, ten shilUngs, all, is
sixteen shillings.
From New Haven to Hartford, the horse hyer
five shillings, the man and expences eight shillings
sixpence, all, is thirteen shillings sixpence.
From Wallingford to Hartford, the horse hyer
fower shillings, the man and expences six shillings,
all, is ten shillings.
From Branford to Hartford, the horse hyer five
shillings, the man and expences, eight shillings, all,
is thirteen shilhngs.
From Guilford to Hartford, the horse hyer five
shillings, the man and expences eight shillings, all,
is thirteen shillings.
From Kenilworth to Hartford, the horse hyer
five shillings, the man and expences eight shillings
sixpence, all, is thirteen and sixpence.
From Saybrook to Hartford, the horse hyer five
shilhngs, the man and expences eight shillings six
pence, all, is thirteen shillings and sixpence.
From Lyme to Hartford, the horse hyer five

82 Establishing a Post, SfC.
shillings, the man and expences eight shillings six
pence, all, is thirteen shillings sixpence.
From New London to Hartford, the horse hyer
eight shillings, the man and expences eleven shil
hngs, all, is nineteen shillings.
From Stoneington to Hartford, the horse hyer
nine shillings, the man and expences thirteen shil
lings sixpence, all, is one pownd two shillings
sixpence. From Norwich to Hartford, the horse hyer six
shilhngs, the man and expences eight shillings, all,
is fourteen shillings.
From Haddum to Hartford, the horse hyer
fower shillings, the man and expences six shillings,
all, is ten shillings.
From Middletown to Hartford, the horse hyer
two shillings, the man and expences fower and
sixpence, all, is six shillings sixpence.
From Wethersfield to Hartford, the horse hyer
sixpence, the man and expences ohe shilling, all,
is one shilling sixpence.
From Windsor to Hartford, the horse hyer one
shilling, the man and expences one shilling six.
pence, all, is two shillings sixpence.
From Farmington to Hartford, the horse hyer
one shilling sixpence, the man and expences two
shillings sixpence, all, is fower shilhngs.
From Simsbury to Hartford, the horse hyer one
shilhng sixpence, the man and expences two shil.
lings sixpence, all, is fower shillings.
From Windsor to Springfield, the horse hyer
three" shilhngs, the man and expences fower shil.
lings sixpence, all, is seven shillings sixpence.
And from the middle of October to the last of
April, to be eight pence more than the above for
every night they lye out, for oates to the horses,
wherein great care is to be had by the ordinary

Preparations to oppose an Invasion. 83
keepers, that hyered horses are not deprived of
their allowance,
Alsoe the difference in the above said sumes, is
to be the stated wages from towne to to^vne, if
they goe not to Hartford, and the like proportion
by the mile, to those whoe shall be imployed in
this colony where their wages is not staled.
It is further ordered, that all Posts, their Ferridg
shall be on the country account, and that the ordin
ary keepers in the plantations shall provide suit
able accommodations for men and horses, whose
allowance for the men by the meale, shall be six
pence, and for the horse at grass, fower pence a
night, and oates, fower pence the half peck, and
for hay the night, fower pence.
It is alsoe ordered, that whosoever upon these
tearms shall unnecessarily stop, or detayne his
journey, forth or back, or shall be necessarily
stopped or detayned by authority or other just
occasion, such person or persons shall have pen
alty, or receive recompence -extraordinarily, as
the authority who sent them shall judg right to be
abated or augmented in his wages.

At a session of the Gen'll Court, held at Hartford,
by the Governors special order, August 7,
1673.
Whereas, there is at present a great appearance
of danger towards this colony, by the approach of
the Dutch, for our own safety and defence, till the
Gen'll Court in October next, it is now ordered by
this Court that the Committee hereafter named,

84 Preparations to oppose an Invasion.
viz: — the Governor and assistants, Capt. Benj.
Newbery, Mr. Giles Hamlin, Mr. Wilham Wads-
worth, Capt. Wm. Curtice, Lieut. Wm. Fowler,
Lieut. Tho. Munson, are hei-eby empowered to
act as the Grand Committee of this colony, in es
tablishing and commissionating of military officers,
in pressing of men, horses, ships, barques or other
vessells, armes, ammunition, provision, carriages
or whatever they judg needful for o'r defence,
and to manage, order, and dispose of the militia
of tlTe colony in the best way and manor they
can for o'r safety. The Governor, or in his ab
sence, the Dept. Governor are hereby impowered
by their sumons to convene the said Committee,
who being assembled, the said Committee, or the
major part of them assembled, are informed as
afoarsayd. It is ordered by this Court, that the
severall and respective troops in this colony, with
five hundred dragoones be prepared and fitted for
service forthwith, and that all the traine bands in
the severall plantations, with their arms and am
munition be ready for service, and the mihtary
officers of the severall companies, to see their
companies completed as afoarsayd, upon the sev
erall penalties exprest in the military lawes, the
dragoones are to be raysed upon the countys as
followeth ; of Hartford county, one hundred and •
sixty; of New Haven county, one hundred and
twenty ; of Fayrefield, one hundred and twenty ;
of New London, one hundred.
It is allSo ordered by this Court, that in case of
the approach of an enemy in any towne within
this colony, the Governer or Dept. Governer and
Grand Committee, appoynted by the Court, so
many of thern' as are present, before they departe,
shall appoynt such sufficient ayde, to defend any
place as shall be assaulted, with such ayde as they

Preparations to oppose an Invasion, 85
thinke fitt, which is to be in readiness at an
bowers warning, for a march upon the call of the
chief officer of any county.
In case any forces should be sent out of the
county of Hartford for the relief of another county,
this Court appoynts Benjamen Newbery, Capt. ;
Nicholas Olmstead, Lvt. ; John Wadsworth, En-
signe. For the county of New London and such forces
as shall be called out of that county, James Avery
is appointed Capt. ; Tho. Tracy, Livetenant ; John
Denison, Ensigne.
For the county of New Haven, Mr. Robert
Treat, Capt. ; Tho. Munson, Livetenant ; Sam'll
Newton, Ensigne.
For the county of Fayrefield, Mr. Tho, Fitch,
Capt, ; Jehue Burr, Livetenant ; Mathew Sher-
wood, Ensigne.
Capt. John Tallcott is chosen Major for the
county of Hartford.
Capt, Robert Treat is chosen Major for the
county of New Haven,
Capt, Nathan Gold is chosen Major for the
county of Fayrefield,
This Court appoynted Mr, James Richards and
Mr, Roswell, forthwith to goe to New York with
the letter which this Court hath prepared, and
present the same to the Commander-in-chief of
the Manhatoes, and to receive their answer, and
what their intentions are : and in case Mr. Ros-
well should by any providence b§ hindered attend
ance, Major Robert Treat is to supply the place
of Mr, Roswell,
The letter read in Court, drawn up to be sent
to the Commander-in-chief of the Dutch fleet,
rideing in Hudsons river, at New Yorke, this Court
orders that it be signed by the Secretary, in the
a

86 Preparations to oppose an Invasion,
name and by order of the Governor and Gen'll
Assembly.*

The Grand Committee for the ordering of the
Militia, mett at Hartford, August 11, 1073.
John Winthrop, Esqr, Govr.
Wm, Leet, Esqr, Dept, Govr,
Mr, Sam'll Willys,
Major John Tallcott, I ^.^^^j
Mr, Henry Wolcott, ^Committee,
Mr, John Allyn,
Mr, Wm, Wadsworth,
Capt, Benj, Newbery,
Capt, Tho, Munson,
Whereas, the Gen'll Court hath ordered that
five hundred Dragoones be forthwith raysed, to
be ready upon one bowers warning to defend any
place in this colony, assaulted by an enemie, and
have ordered that the forces raysed, shall be under
such comanders as they have appoynted; the
Grand Committee for the militia, being mett this
day, ordered that the constables of the respective
plantations, shall forthwith repayre to the cheife
commander of theire traine bands and choose so
many meet persons as they are appoynted too.

*0n the 30th of July, a small Dutch fleet, under the Com
mand of Commodores Cornelius Evereste and Jacob Benkes,
arrived at New York, One John Manning, who commanded
the fort and Island there, treacherously delivered them up to
the enemy without firing a gun, or attempting the least re
sistance. — Trum, Hist. Con. Vol. I. p. 323,

Preparations to oppose an Invasion. 8t
that they may be in readiness fitted according to
this foUoweing order, upon an bowers warning to
march under the conduct of theire cheife com
manders hereafter named, to defend any place
assaulted as aforesayd.
The proportion of dragoones for Hartford coun
ty, is one hundred sixty three, under the command
of Benj, Newbery, Capt, ; Nicholas Olmstead,
Lvt, ; John Wadsworth, EnsignC : — Hartford,
forty fower ; Windsor, thirty eight ; Wethersfield,
thirty ; Farmington, twenty two ; Midletown,
thirteen ; Haddum, nine ; Simsbury, seven ; total],
163, '
The proportion of dragoones for New Haven
county under the conduct of Major Robt, Treat,
Thomas Munson, Lvt,; Sam'll Newton, Ensigne;
is. New Haven, fifty one ; Milford, thirty ; Paw-
gaset, three ; Guilford, nineteen ; Brandford, nine ;
Wallingford, eight ; totall, 120,
The proportion of Fayerefield county, under
the conduct of Tho, Fitch, Capt, ; Jehu Burr,
Lvt. ; Mathew Sherwood, Ensigne ; is, Fayrefield,
thirty eight ; Stratford, thirty three ; Standford,
twenty fower ; Greenwich, eight ; Norwalk,
seventeen. Rye, being near is excused ; total!,
120. The proportion for New London county, under
the conduct of James Avery, Captaine ; Thomas
Tracey, Leivtenant ; John Denison, Ensigne ; is.
New London, twenty six ; Stoneington, nineteen ;
Lyme, tenn ; Saybrook, seventeen ; Kenilworth,
eleven; Norwich, seventeen; totall, 100.
It is ordered that each dragone be provided
with a good sword and belt, and serviceable mus-
kett or kirbine, with a shot powch and powder
and bulHtts, viz : one pownd of powder made into
cartiriges fitt for his gunn, and three pownd of

88 Preparations to oppose an Invasion.
bulletts fitt for their gunns, or pistoll bulletts and
a horss to expedite their march.
It is allso ordered, that the place assaulted,
where the forces raysed are sent for to come,
are to provide quarter for the soldiers they send
for. It is also ordered, that the cheife officer in each
county, upon any assault made upon them by an
enemie, are hereby empowered to call in ayde
from the rest of the counties for theire assist
ance. It is allso ordered, that the officers, raysed in
the counties of New Haven, Fayrefield and New
London, doe prepare a halfe pike for each of their
dragoones. It is allso ordered, the commission officers of
the dragoones in each county, are hereby impow
ered to appoynte Sarjants and inferior officers for
their respective companies.
The Committee for the militia, doe hereby ap
poynt Mr, Simeon Woolcott and John Griffin, to
be those that shall command the traine band of
Simsbury for the present, and untiil the Generall
Court order otherwise ; or the people there make
there choyse.
It is allso ordered, that the dark of each county
is appoynted to send coppyes hereof, forthwith
into each town within their respective counties.
It is allso agreed, that the Committee shall
meet every day, about sunn two howers high, till
farther order be given.
A General Court held at Hartford, Oct. 9, 1673.
A certificate from New Haven, Oct. 8, under
the selectmens hands, certifying they were fur
nished with powder and bulletts according to
lawe.

Letter to Commander of Dutch Fleet. 89
A certificate from Milford, dated October, 1673,
signifyed their Townes being furnished with pow
der and bulletts according to law,
A certificate from Windsor, October 8, 1673,
certifyed their stock of powder was 300 : bullett
700,

Copy of a Letter to the Commander of the Dutch
Fleet at New York.
Hartford, August 1th, 1673,
Sr — Although we have heard of yo'r actions
at Yorke, yet because the chief trust of those
parts did reside in other hands, from whom you
have too sudainly supiprzed it, we made it o'r bu
siness to attend what was devolved upon o'rselves
that way nextly, yet we understanding you con-
tent not yo'rselves with what you have already ta
ken, but demand submission of the people, his
Majesty's subjects, seated on Long Island eastward
beyond Oister Bay ; and have seised a vessel of
Mr, Sillicks, one of o'r people, near one of o'r
Harbours; we have therefore sent Mr, James
Richards, and Mr, William Roswell, to know your
further intentions ; and we must let you know yt
we and o'r confederates, the United Colonies of
New England, are by our Royall Soveraign,
Charles the second, made keepers of his subjects
liberties in these parts, and doe hope to acquit o'r
selves in that trust, through the assistance of Al
mighty Grod, for the preservation of his Majesty's
Colonies in New England — Which is all at the
8*

90 Answer to preceding Letter.
pr'sent repr'sented to you, from the Govern'r and
Gen'll Assembly of the Colony of Connecticutt.
Signed pr their order pr me,
JOHN ALLYN, Secret'ry.
For the Commander in Cheife of the Dutch
Fleet, rideing in Hudsons River at New Yorke.

Reply of the Dutch Comodore to the foregoing
Letter.
In Fort Will'm Hendrike,this 24 Aug't, Ano. 1673.
Sr — To answer yo'r letter of the 7th Aug't,
which was delivered unto us, we say, that we are
sent fourth by the high and mighty Lords, the
States Gen'll of the 'United Netherlands, and his
serene highnes the Lord Prince of Orrange, to doe
all manner of dammage unto the enemyes of the
said high and mighty Lords, both by water and by
land, from which cause we being come heere into
Hudsons River, have brought the land and Forts
within the same und'r o'r obedience, and in regard
the villages lying to the eastward of Oyster Bay
did belong to this Govem'nt, soe it is that to
prevent all inconveniencyes, we have cited the
same to give the oath of fidelity, in which if they
remaine defective, we are resolved to force them
with the armes, likewise allso we shall not be
afraid to goe against those that shall seeke to
maintaine the said villages in their injustis : con-
serning the vessell that is taken by us close by yo'r
havens, their is no other consideration but that it

Committee to make laws for Pequot Indians. 91
was taken from o'r enemyes; wherefore it ap
pears very strange before us, that we should be ob
jected against conserninge it ; wee doe well be
lieve that those that are set for keepers of his Ma-
jesty of Englands subjects will quitt themselves as
they ought to doe for ye preservation of the Colo
nyes in New England, however we shall not for
that depart from o'r firme resolutions. We con
ceive we have heerwith answered yo'r letter —
Thus don in the place as above.
By ord'r of the Comand'r and Counsell of Warr.
N, BAYARD, Secretary.

At a Court of Election held at Hartford May
13th, 1675, — This Court having considered Robin
Cassacinamons petition, doe nominate, appoynte
and impower the Dept. Governor Maj'r Talcott,
and the rest of the assist's here to be a committee
in the name of this Court, to draw up a commis-
sion for Robin and Herman Garrata for the gov
erning of the Pequot Indians, and to appoynt them
some under officers, and to give them some order
w'th some penalties annexed for prevention of
their haveing or worshiping any falls Gods, profa-
nation of the Sabboth, for not attending the Lec
tures of Mr. Fitch amongst them according to his
appoyntment, for theft and drunkenness &c., and
to impower him in case of difficulty, to repayre
to Mr. Thomas Stanton and Lieut, Avery for
counsell, advice and assistance, as the difficulty
shall require, and to order Robin some small al
lowance for his goverment to be raysed upon his
people.

92 Laws for Pequot Indians.
Whereas in answer to Robbin Casacinnamons
petition presented to the Generall Court of Con-
ecticott 13th last, an order and appoyntment was
by the sayd Court made and recorded to desire
and authorize the Dept, Governor, Maj'r John
Talcott, with such other of the assistants as could
attend, to draw up some lawes and orders for the
present well governing of the Pequitt Indians, that
were captives to the English Colonyes in generall,
and were by their commissioners put under the
Government of this Colony, to be both ruled and
accomodated by them suitably, these ensueing or
ders and lawes, (were by those appoynted) made
and sent unto them, viz :
1st, That for as much as the sayd Robbin Cau-
sacinnamun hath appeared to be faythfull in his
trust under the com'rs, and hitherto under this
Goverment : It is agayne ordered and appoynt
ed that he be still continued in the place of Chiefe,
Deputy or principle officer amongst and over all
those Indians, who had beene put under him for
merly, and that Daniel shall be his second or
chiefe counsellor, to assist him in well governing
of them.
In like maner shall Herman Garrata be princi
pall officer over those so put under him, and Mom-
ohow shall be his second or chief counsellor, and
their lawfull commands are duely to b.e obeyed
and observed by all the Indians respectively, —
And for their encouragement and support in their
faythfull discharge of that duty and trust ; each
Indian man, above sixteen years of age, shall
yearly pay unto the principall officer to which he
belongs the sum of five shilhngs in currant Indian
pay; but Daniel shall have a third part of Rob-
bins rate, and Momohow, such part of Harmon
Garrattas rate.

Laws for Pequot Indians. 93
2, That there shall be two constables in each
respective place or Township of Indians, where
the principle officer dwells, and there to be the
place of all the Indians setled residence and habi
tation, unless for some time about their necessary
occasions for fishing, planting or hunting, they
may be absent and remove their wigwams in the
proper season for those occasions : and then re
turn again to dwell in the Town to which they doe
belong; such constables are to be chosen by the
principall officer and his councill, (consisting of
three or fowre of the most sober and discreet men
of the Towne, chosen with the approbation of
those appoynted by the Court to counsell them,)
and being so chosen, a stafe shall be delivered to
him as the signe of his office and power, and to
give notice to the people to obey and assist him
in the execution of his office, whose office it is to
attend all the lawfull commands of their respec
tive principalis in prosecution of justice against
debtors or delinquents, by disorder or miscarriage,
so allso he is to attend the commands or warrants
from any of o'r English Magistrates ; he is like
wise required and impowered of himselfe to keep
the peace and good order, and prevent the contra
ry in all cases and upon all occasions, so farr as it
comes to his knowledge, or can find out.
Laws for the said Indians to observe.
1, That whosoever shall oppose or speake
against the onely liveing and true God, the crea
tor and ruler of all things, shall be brought to
some English Court to be punished as the nature
of the offence may require,
3. That whosoever shall powaw or use witch-

94 Laws for Pequot Indians.
craft or any worship to the Devill, or any falls
God, shall be so convicted and punished.
3. That whosoever shall profane the holy Sab
bath day by servill work or play, such as chopping
or fetching home of wood, fishing, fowling, hunt
ing &c,, shall pay as a fine tenn shilhngs, halfe to
the cheife officers, and the other halfe to the con
stable and informer, or be sharply whipt for every
such offence,
4, Whosoever shall committ murder or man
slaughter, shall be brought to Hartford goale, and
be tryed by the Government according to the En
glish Law, which punisheth by death,
5, Whosoever shall committ adultery by lying
with another mans wife, or to have or keep her
from her husband, shall be imprisoned and tryed
and punished with a fyne of forty shillings for ev
ery offence, and so in the case of the adultresse';
the sayd fine to be distributed as before,
6,, Whosoever shall steale, shall restore double
to his neighboure for what he hath taken, when
convict before their officer and councill, and pay
the constable two shillins sixpence for his paynes
about executing the law,
7, Whosoever shall appeare, and prove to be
drunk amongst them, shall pay tenn shilhngs or be
whipt as the officers shall see meete, and the fine
divided as before in the law about Sabbath break
ing ; in hke manner shall it be done to such Indi
ans as doe bring the liquors or strong drinke
amongst them,
8, It is ordered that a ready and comely at
tendance be given to heare the word of God
preached by Mr, Fitch, or any other minister sent
amongst them. The cheife officers and consta
bles are to gather the people as they may, and if
th^y be refractory and refuse, or doe misbehave

Laws for Pequot Indians. 95
themselves undecently, such shall be punished
with a fine of five shillings, or be corporally pun
ished as the officers shall see most meet,
9. If the officers shall neglect in any of the
premises to doe their duty, they shall receive
double punishment, when convict thereof in any
of our English Courts,
10, But whosoever shall either affront the prin
cipall officer, or refuse to assist the constable in
the due execution of his office, shall pay for each
affront so given, ten shillings, and for such refusall
to assist the constable, five shilhngs,
Mr, Thomas Stanton Sen'r, and Lieutenant
James Avery, were appoynted and desired to give
them advice and help in all cases of difficulty, for
the well management of their trust and affayres,
to whome they are in all such cases to repayre,
WM, LEET, Dept, Governor,
SAMUEL WILLYS, Assist,
JOHN TALCOTT, Assist,
JOHN ALLYN, Assist.
JAMES RICHARDS, Assist.
Dated in Hartford, May 31, 1675.
To Hermon Garrata to cause to be published to
the people of his plantation, and the rest under
his Goverment,
The tenn articles were faythfully published to
Robin Harm ay sun, Monohor, the Naragansett
Sunk Squaw* and her councill being present, at a
great concourse amongst the Pequit'ts, the forepart
* A Queen or Lady of distinction.

96 Letter from Charles II.
which respects Robins own interest was served
and desired by Robin not to be published as yet,
pr, JOHN STANTON,
Capt, Avery, and Lieutenant Minor being pre
sent as witnesseth their hands,
. JAMES AVERY,
THO, MINOR,
The 24th January, 1675,*

A letter from his Majesty, Charles 2d, in relation
to the case of William Harriss.
Charles R.
Trusty and well beloved, we greet you well : —
Whereas our subject, William Harriss, planter, in
the colony of Rhoad Island, did by his humble
Petition presented to us in councill, set forth, that
he and twelve others his partners, near forty years
since, purchased from certain Indians, a parcell
of land, called Patuxett, and peaceably enjoyed
the same for severall years, till they were disturb
ed by some of our English subjects of the town
of Providence, but that the difference between
them, being put to an award, the determination
was given in favor of the Petitioners, and they
accordingly remained in quiet possession, and
held the same for several years, untiil it happened
that three of the said partners having a mind to
breed disturbance, and pretending title to the land
in virtue of another purchase, which they made
from Indians who had more right, as they afledged,
*1676, according to the present mode of dating.

Letter from Charles II. 97
then the former, these men impleaded the petition
ers in our Colony of the Massachusetts, but upon
a fair tryall by jury, he had a verdict given in his
favour, and did accordingly for some years after
remain in quiet possession, that after this the said
three persons being restless and of unquiett spir-
itts did bring on fresh troubles to the petitioners
on the same account, so the matter being put to an
award, and arbitrators being equally chosen out
of the Colony of the Massachusetts, and that of
Rhoade Island, for the greater solemnity of the
determination, the petitioner and his partners did
againe receive a sollemn award in their favour,
and they did accordingly remain in quiet posses
sion of the premises for above twenty years after,
but about the year 1663, one John Hazzard and
two others, who had fled from the Province of
Connecticott, coming with pretence that they had
made a purchase of the petitioners land, from som
Indians who had right to sell, they entered on a
great part of the petitioners lands by force, and the
petitioner impleaded them at Law, and having ob
tained a verdict and judgement, it yett so happen
ed by means of severall factions and parties which
they have made to withstand justice, that they re
sisted ye execution of that judgement, and for
pretences only, alledged that our commissioners
being then there, did promise them to reheare all
the matter in difference, when they returned into
the said Colony, which our commissioners never
did ; the petitioner hath also further sett forth, that
besides all the said mollestations, he had been fre
quently disquieted, sometimes by the pretensions
of the Towne of Warwick, sometimes by the
Towne of Providence, in the Colony of Rhoade
Island, sometimes by two parties of men belong
ing to the Colony of the Massachusetts, and lastly
9

98 Letter from Charles II.
by a party of men belonging to the Colony of New
Phmouth, all of them in severall tinies pretending
purchasses made from different Indians, who had
right to sell, whereas the petitioners setts forth,
that as he and his partners were the first purchas-
sers and tooke care to derive their title from the
chief Indians, who were then in actuall possession
of the premises, so he remained quiett in his pur
chase, for about seven years after, till the improve
ments made by him and his partners on the prem
ises, more than any foundation of right, tempted
others to desire and invade their possession, upon
all which representations of troubles, the petition
er having implored our Royall protection, and that
we would order the Governours of each of those
Colonyes which are bounding with Rhoad Island,
and whose inhabitants contribute to this distur
bance to give their ayd and assistance towards the
quieting of this matter, and that the Governours
might in pursuance of our Royall orders, agree
amonge themselves to depute some able, honest,
and indifferent persons to hear all differencies, and
to appoint a jury equally chosen out of the respec
tive Colonies, in order to quiett them, in the pos
session of their said lands of Patuxitt, if in justice
they appear to have right thereunto, and we hav
ing refered the examination of this matter to our
committee of trade and plantations, and they after
examination of the matter, having reported to us,
that the petitioner and his partners are very fit ob
jects of our Royall care and protection, wee are
therefore in compassion to their long and many
sufferings, graciously inclined to order them re
dress in the most speedy and effectuall way that
can be proposed, and our will and pleasure is, and
wee doe hereby command you the Governour of
our Colony of Connecticott, to appoint som able,

Letter from Charles II. 99
honest and indifferent persons to joyn with such
others as shall be appointed by the other respect
ive Governours of our said Colonies to whome
we shall also send our command in this behalfe,
and that you give them full and sufficient authori
ty to cause the differences and troubles arising'to
the petitioners and his partners concerning the land
of Patuxitt to be brought to a fair tryall, and that
by a just and indifferent and upright jury to be in
like manner appointed, that all may be finally de
termined according to justice and without delay,
and of your proceedings herein, to send us an ac
count with all convenient speed, and so wee bid
you farewell — Given at our Court at Hampton,
the 4th day of August, 1675, in the seven and
twentieth year of our Reigne,
By his Majesties command,
J, WILLIAMSON,
To our trusty and well beloved, John Winthrop,
Esqr., Governour of our Colony of Connecticott,
and to our Governour or Governours there, for the
time being.

A Letter from his Majesty Cliarles 2d, for the ap
prehension of Nathaniel Bacon, the instigator
and head of a Rebellion in Virginia.
Charles R,
Trusty and vs^ell beloved, wee greet you well,
wee doubt not but you have heard of the disor
ders in our Colony of Virginia, raised and contin-

100 Letter from Charles II.
ed by Nathaniell Bacon the younger, who hath
made himself the head and leader of a rebellion
there, to the great detriment of that Colony, and
the danger of others, near adjoyning thereunto,
having confidence therefore in your loyalty, and
that you abhor such desperate and treasonable ac
tions, and to prevent the contagion of so bad an
example in other Colonies upon that tract belong
ing to our Crowne ; wee have thought fitt to sig-
nifie our pleasure unto you, and hereby to require
that if the said Nathaniel Bacon, or any of his ac
complices in that rebelhon, shall for their safety or
otherwise, retreat, or resort into that Province of
our Colony of New England, under your jurisdic
tion, or any part thereof, you cause him, them, and
every of them, to be forthwith seized and secur-
ed, and then give immediate notice thereof, to the
Governour or Commander in chief in Virginia, to
the end such further course may be taken with
them as shall be agreeable to law. And wee doe
further require you to issue forth proclamation
streightly, forbidding all and every the planters or
inhabitants of your said Province to joyne with
the said rebells, or to afford them any arms, am.
munition, provisions, or assistance of any kind
whatsoever, but contrarily enjoyning those under
your jurisdiction to oppose the said rebells in all
things as there shall be occasion — and so wee bid
farewell. Given at our Court at White Hall, the
3d day of November, 1676, in the eight and twen
tieth year of our Reigne,
By his Majesties command.
H. COVENTRY,
To our trusty and well beloved, the Governour
and Councill of the Colony of Connecticut, in
New England.

Appointment of Commissioners, SfC. 101
The appointment of John Allyn and Edward
Palmes Commissioners in the case of William
Harriss. I, William Leet Esqr,, Governor of his Majes
ties Colony of Connecticott in New England, in
obedience to, and observance of his Majesties
commands, given at Hampton Court, the fourth
day of August, the 27th year of his Majesties
]{eigne, 1675, do hereby constitute and appoint
you, Capt, John Allyn and Major Edward Palmes,
to be commissioners to joyn with such other gen
tlemen of the three Colonyes of Massachusetts,
New Phmouth and Rhoad Island, as by their re
spective Governours shall be authorized and im
powered by their commissions to joyn with you in
obedience to, and observance of his Majesties
commands ; giving unto you hereby full and suffi
cient authority to meet with the said commission
ers at Patuxitt or Providence, at or upon the 22d
day of August next ensueing the date hereof,
where being assembled from all the said four Col
onys, you with them are to joyn in chooseing a
President from amonge the said Commissioners,
and being so instated into order, you shall act in
appointing such officers as may be meet for the
keeping up the order authoritie of that his Majes
ties Court, and in impanelling a jury of twelve
honest and indifferent men, out of the sixteen sent
from the severall Coloneys, equally chosen and ap
pointed for that worke, who being impannelled
and sworn, you are then, as members of said
Court, to hear all such pleas, allegations, proofs
and evidences as shall be produced by William
Harriss and his partners conveying the lands in
said Patuxitt claimed by them, being as he saith
9*

102 Appointment of Commissioners, <^c.
rightfully possessed of them, near forty years
since, and quietly enjoyed till about the year 1663,
and then disquieted by one John Hazzurd and
others, claimers of said lands, whom you are to
hear also, with their severall pleas, allegations,
proofs and evidences, with all impartiallity, that so
there may be a determination of those differences
according to justice, and that your proceedings
therein may be the more effectuall, you are hereby
authorized joyntly or severally to administer oaths,
and to issue out summons to require persons to
attend you as commissionated to the hearing of
this case, and all his Majesties subjects are requir
ed to yield obedience therein, as they will answer
the contrary, and you with the rest commissiona
ted as aforesaid, being assembled together, have
power to adjourn the Court from time to time,
and place to place, as shall by the Court be judg-
ed most meet for a speedy and just determination
of the case, and such determination being made,
you are to render an account thereof, to me, that I
may return the same to his Majestie, according to
his command, with all convenient speed. In tes
timony whereof, I have hereunto affixed my hand
and seal, in Hartford, on Connecticott, in New
England, this sixteenth day of August, in the nine
and twentieth year of his Majesties Reign, 1677.

Letter from Charles II. 103
A Letter from Charles 2d, concerning Lands in
the Narraganset Country.
Charles R.
Trusty and well beloved, wee greet you well.
Whereas in pursuance of an order of our privie
Councell of the 4th of December last, directing
our well beloved subjects, William Stoughton and
Peter Bulkley, agents for the corporation of the
Massachusetts Bay, in New England, to show by
what authority or title Simon Bradstreet, Deputy
Governour, and other inhabitants of that Colony,
had by a printed paper called an advertisement,
dated at Boston the 30th of July last, laid claim
to the lands of Narragansett, and Niantic coun
treys called the Kings Province, they the said
agents did declare, that the Government of the
Massachusetts is not at all concerned in this claim,
but only some inhabitants, who had purchassed
those lands from the Indian Sachems : and where-
as our well beloved subjects, Randall Holden and
John Green, Deputies of the town of Warwick,
in the Colony of Rhoad Island, have certified our
said Privy Councill, (of their certain knowledge as
having inhabited that country for above forty years)
that never any legall purchase had been made
thereof from the Indians, by the Massachusetts or
any others, and there being likewise produced an
act of the voluntary submission of the chief Sach
em and the rest of the Princes, with the whole
people of the Nan-agansetts, unto the Government
of our late Royall Father of blessed memory, to
gether with two declarations made by our com-
missioners, on the 20th of March, 1664, and 8th of
April, 1665, whereby it appears that they had then

104 Letter from Charles II.
received from some of the principall Sachems of
the Narragansett Indians, a surrender of them-
selves, their subjects and their lands to our Gov.
ernment and dispose, not only by their personall
acknowledgments and sending us presents, but by
putting into the hands of our said commissioners
the Deed aforementioned, of the 19th of April,
1644, and that a^ for the pretended purchasses
made by Major Atherton, and others of the Mas
sachusetts Colony, our said commissioners did then
declare the said purchasses to be void, ordering
the purchassers to leave the use and possession of
those lands, and that the Magestrates of Rhoad Is
land exercise the authority of Justices of the Peace
in the Narragansett country, by them called Kings
Province, and doe whatever they should think fitt
for the peace and safety thereof, untiil our further
pleasure should be known, we having taken the
premises into our Royall consideration, have
thought fitt hereby strictly to will and require you
to take care that all things relating to the said
Narragansett country, or the Kings Province, be
left in the same condition as now they are, or have
lately been in, as to the possession and government
thereof, and absolute and immediate sovreignty,
as well as the particular propriety of all that coun
try, appearing by the surrender of the Sachims,
to be vested in us, our further pleasure is, that you
doe forthwith signifie to all persons within your
government, who pretend any right or title to the
soyle or government of the said lands, that they
do with all speed, and by the first convenience,
send over hither persons sufficiently impowered
and instructed, to make their right'^ and title ap
pear to us, and that upon default thereof, we will
proceed to give such order for the government and
settlement of the said Province, as we shall judge

Letter from Charles II. 105
to be most consistent with justice, and the good
of such of our subjects, who already do inhabit,
or shall desire to make any further improvement
within the said improvement. And whereas we
have been also humbly informed by our well be
loved subject John Crown Gent, that his Father
Wilham Crown, had sustained a great loss by our
surrendring Nova Scotia unto the French, of part
of which country he was proprietor, and therefore
praying us to grant unto him the lands of Mount
Hope, in New England, in compensation thereof,
and we having referred the consideration of that
his humble suit, to the Lords of the committee of
our Privy Councill for foreign plantations, and
having received their opinion upon that matter,
that it opperates to them that the said land did be
long to Sachem Phillip, and his adherents, and
was conquered by our subjects of New England
in the late warr against the Indians, not without
great charge and bloodshed ; we have thought fitt
hereby to signifie the same to you, together with
our pleasure, that you forthwith certifie unto us,
what right or title, any of our Colonies there, may
pretend unto the said country, and also the true ex
tent, value and propriety of the said lands of
Mount Hope, with the grounds and evidences of
their respective claimes, if any shall be made, that
we may thereupon be enabled to give such further
direction and order, as may suit with our Royall
justice and bounty, and we cannot upon this oc
casion but take notice to you, that we have not
hitherto received from you or any other of the said
Colonies, the least intimation, much less account,
of the conquest, claime, or disposall of the said
country, not doubting but for the future, you will
be more carefull to advertise us, or our Privy
Councill of matters of this kinde, and which do

1 06 Letter from Lords of tlie Privy Council.
any way relate to prerogative and authority — and
so we bid you farewell.
Given at our Court, at White Wall, the 12th
day of February, 1678-9, in the one and thirtieth
year of our Reigne,
By his Majesties command,
SUNDERLAND,
To our trusty and well beloved, the Governour
and Majistrates of Connecticutt colony, in New
England, now and for the time being.

A letter from the Lords of the Privy Councill,
concerning John Wampus, alias. White, an
Indian. After our hearty commendations, — Whereas,
John Wampus, alias, White, has by Petition hum
bly represented unto his Majestie, that he is by
marriage of Ann, the daughter of Romonock, late
Sachim of Aspaluck and Sasquanaugh, upon the
death of the said Sachim, become sole proprietor
of those tracts of land, where the town of Fair
field, in the colony of Connecticott is built, that
the petitioners said father-in-law, did, about nine
teen years since, deliver up the possession of the
said lands to the petitioner, who sometime after
sold part thereof unto Captain Denison, Amos
Richardson and others of Connecticutt colony,
for the summ of three hundred and fifty pounds,
or thereabouts ; and that by the evill practices of
Major Nathan Gould, and other inhabitants of
Fairfield, he is not only kept out of his just rights,

Letter from Lords of the Privy Council. 107
but was also imprisoned by them, in May last,
when he went to demand possession of his estate,
withall complaining of the great hardships and
miseries he and other native Indians are subject
unto, by the laws of that colony. His Majesty
takeing into his gracious consideration the miser
able condition of the Petitioner, and declaring his
Royall pleasure, that not only the Petitioner, but
all such Indians of New England, as are his sub
jects, and submitt peaceably and quietly to his
Majesties government, shall likewise participate
of his Royall protection; wee do by his Majes
ties express commands, signifie the same unto you,
requiring you to doe the Petitioner such justice
as his case may deserve, and for the future to
proceed in such manner, as his Majesties subjects
may not be forced to undertake so long and dan
gerous voyages for obtaining justice, which his
Majestie expects shall be speedily and impartially
administered unto them upon the place — and so
not doubting of your ready complyance herein,
we bid you heartily farewell.
From the Councill chamber in White Hall, the
2Sth day of March, 1679,
Your loving Friends,
CLARENDON,
AILESBURY,JOHN NICHOLAS,
ANGLESEY,J, BRIDGEWATER,
FANCOUBERY,
J, ERNLE.
To our loving friends, the Governour and Ma
jistrates of his Majesties colony of Connecticott,
in New England,

1 08 Letter from Lords of Council of Trade,

A letter from the Lords of the Council of Trade
and loreign Plantations, requiring informa
tion on various subjects.
After our very hearty commendations unto you,
his Majestie having been graciously pleased to
comitt to a select number of his Privy Councill,
whereof wee are, the care and management of
things relating to his foreign plantations, and it
being necessary that all Governours and Com-
manders-in-chief do return us a frequent account
of the state and condition of their respective gov-
ernments, wee do now think fitt to reccommend
unto you severall heads of inquiry, concerning his
Maje^sties corporation of Connecticott, whereunto
we expect your speedy and perticular answer ;
and that we may be able to carry on our obser.
vations and knowledge, and be still in a capacitie
to give his Majestie a true representation off af.
fairs and occurrences therein, wee pray and re.
quire you to transmit unto us, a clear and full
account of the present state of the said colony,
and so from time to time, of what shall happen
in relation to his Majesties service, upon the dis.
tinct heads aforesaid, and generally of all things
which you, in your discretion shall judge neces
sary for our full information, and for the better
discharge of the trust reposed in us ; and so not

Meeting of Commissioners, ^ io9
doubting of your care in the performance hereof,
wee bid you heartily farewell.
From the Councill chamber at White Hall, this
first day of August, 1679.
Your very loving Friends,
HILINGTON,
WM. BLATHWAIT,
ESSEX, FAUCONBERG,
H, COVENTRY,
J, ERNLE,
To the Governour of his Majesties corporation
of Connecticott, in New England,

Meeting of the Commissioners of the United
Colonies.
At a meeting of the Commissioners of the Uni»
ted Colonies in Boston, August 25, 1679.
Right Hon'ble : —
In observance of o'r duty and allegiance to his
dread Ma'tie o'r Gracious Soveraigne, and obe»
dience to his commands, by his letters directed
severalty to the -Governors of his Ma'ties United
Colonys in New England, given at his Royall
Court in White Hall, Feb'y 12, 1678-9, perceiving
by mutuall advice that his Ma'ties letters afore
said, to each of these colonys, are of the same
importe containing hke commands of an accot, of
the contents of the lands of Mount Hope and
10

110 Meeting of Commissioners, ^c.
Narriganset, &c, which in the late warrs with the
barbarous natives, o'r neighbours were taken out
of their hands, we crave leave to give your honor
this followeing acco't as for the immediate and
more apparent occasion of the sayd warr with
the natives, the progresse and consequences there
of, the printed narrative which we herewith remit
to your honor, although the labour of a private
hand, yet for the substance thereof doth truly set
forth the same, nevertheless we have, (as we ap
prehend) just ground not only to feare, but without
breach of charity, to conclude that those malicious
designess of the Jesuits, (those grand enemies to
his Ma'ties crown, as well as to the Protestant
religion by us possessed,) have had their influence
in the contrivement thereof, and of the certainty
hereof, we have been credibly informed by both
Indians and English, at home and abroad.
And as for those lands of Mount Hope, although
Philip, with the Indians over whom he was Sach
em, possessed the same, yet they are not so
properly to be called conquered lands, but such
whose Indian claymo therein and title thereto is
now forfeited into the hands of the English of said
colony by his breach of covenant with them, and
we thus apprehend for these reasons.
1. In that those lands are indubitably within the
limits and bounds of his Ma'ties colony of New
Plymouth contained within the express limits of
his Royall Charter to them granted, and are
within the bownds of an English town of that
colony, planted by them nere forty yeares since,
called Seaconck and Swansey,
2. PhiHp, Sachem and all those Indians under
him were orderiy subjects to his Ma'ties Govern
ment, there settled by authority of said Charter,
as by sundry instruments under the hands and

Meeting of Commissioners, ^c. Ill
seals of said Philip, and by his chief men, may
fully be made to appear.
3. The necessity as well as justice of said war
on the part of the English, for the preservation of
the lives and estates of his Ma'ties good subjects
there settled, the printed narative abovementioned,
doth fully declare, and we have no reason to
doubt will be to satisfaction.
As for the contents or value of said lands, called
Mount Hope, they have formerly been estimated
at seven thousand acres, but upon a late survay
doe appeare to be of less quantity, and for value
its advanced the more considerable by reason of
its scituation near the sea, and so may be some
accommodation to the colony for a place of trade,
otherwise the improvement and benefit thereof,
would be very inconsiderable ; and an invaluable
sum towards New Plimouth parte of disbursments
which ill the whole hath been more then one
hundred thousand pownds. As for that proposal
made in behalf of Mr. William Crowne, we may
truely inform }'our Honor, that neither his former
losses which were rather imaginary then reall,
nor his present demands seem such to us, as
should highly deserve of his Ma'tie, being rather
a burthen and disservice to such places where he
hath been than otherwise, and perticularly to one
of our plantations setled before the unhappy warr,
where himself as well as others had good accom
modations freely granted him, but very unhappy
disquiets attended that plantation dureing his resi
dence there.
As for those lands of Narragancet, they are in
cluded in his Ma'ties Charter granted to Connecti
cutt, and so regularly under the Government
thereof, and before the war began were peaceably
settled with inhabitants in severale paarts thereof

112 Meeting of Commissioners, ^.
va right of purchass from the Indians, and were
hkely to have been a flouerishing plantation under
the countenance of his Matties government there
settled by his Gracious Letters Pattents to that
colony under the broad seal, and by his perticuler
commands to other of the colonys, severally re-
quiring their assistance of them, but since the war
those parts are disturbed by sundry who doe in
trude themselves upon them by countenance of the
Government of Rhode Island as they alledg, and
are an ungoverned people utterly uncapable to
advance his Ma'ties interest or the peace and hap
piness of their neighbours, as for the acts of his
Ma'ties Commissioners 1664-5, we hope that none
of their conclusions were intended to contradict
his Maties Charter, granted to his good subjects
here, especially considering the absence of Coll.
Niccols, when such conclusions were drawn up
by others of them, without vdiose concurrence
their acts as theire own Commission exhibited,
declared to us were invalid, we humbly crave
leave to propose that it will be most difficult, if
not impossible for the several claymors of right
in that country now resident in those colonys to
defend theire interest in England before his Ma'
tie and Honowrable Councill, the whole estate of
many of them being^ not able to transport them
over seas, or supply the management of an easy
defence at such distance whence they must inev
itably sink under the burthen of the loss of all, if
his Ma'tie be not pleased in his Royall wisdom,
to order some other expedient to an issue ; the
English of these colonys having by his Ma'ties
good leave under security of his Letters Pattents
removed themselves into this remoat wildernesse
neer fifty years now past, they have confidence
that the malice of their adversaries by their pri-

Meeting of Commissioners, ^c, 113
vate insinuations and unjust reproaches shall not
now prevayle to disturb them in theire so orderly
setlement. We humbly offer to your Honours hands, these
briefe intimations which we humbly intreat your
Honours favour and candor so far to communicate
and lay before his Majestie, as in your wisdom you
may judge a service to his Ma'ties interest and
benefit to his good subjects here, a more full and
perticuler answer to his Ma'ties commands as the
colonys may be severally concerned, we shall
refer to their Gen'll Courts to present ; Hon'ble
Sir we take leave to subscribe o'r selves your
most humble servants the Commissioners of the
United colonys in New England, viz. the Matta-
chusets, Plimouth and Conecticutt, by the speciale
order of their respective Governors and Councills
of his Ma'ties colonys.
T. D.— J. D.— J. W.— T. H.— J. A.— J. R.
Boston, in New England, )
August 25, 1679. \
To the Right Hon'ble, the Earle of Sunderland,
one of his Majesties principall Secret'rys of State,
to be comunicated to his Ma'tie, these humbly
present. In answer to his Ma'ties letter to the Governor
and Magistrates of the severall colonys, a letter
was drawn up and directed to the honourable the
Earle of Sunderland one of his Ma'ties principle
Secretarys of State to be communicated to his
Ma'tie. Allowed in money to Capt. John Hull, for cat
tle eaten by the confederate army in the Narra-
gancett in proposition from the severall colonys,
twenty five pownds. 10*

114 Address to Charles II.
To Capt. John Hull, and Wm. Crofts for ditto^
in money twenty five pownds, from the severall'
colonys. Appeared the Reverend Mr. John Ehott and
made a motion refering to the re-printing the
Bible. Some-demands of Mr. Smith and Mr. Sandford
are refered to the next meeting of the Com'rs.
Agreed upon the day and yeare above written
W the Commissioners of the United Colonys.
THO. DANFORTH, Press'd,
J. DUDLEY,
JOSIAH WINSLOW,
THO. HINCHLEY,
JOHN ALLYN,
JAMES RICHARDS.

Copy of an Address to his Majesty Charles the 2d.
To the Kings most Excellent Majestie.
The most humble addresse of his truely loyal I.
subjects and supplyants the Governor and Generall
Assembly of his Ma'ties Colony of Connecticut,
in New England holden at Hartford, October 9,
1679.
Dread Soveraigne —
Such and soe great have been your Ma'ties
princely favoure towards us, especially in the gra-
ceous charter that your Ma'tie (from your owne
free motion and most ample grace) hath beene
pleased to grant unto us, your poor yet loyall sub-

Address to Charles II. 115
jects, in this your Colony, by which we are made
very sencible of your Royall care concerning our
Civill and Religious Liberties, as allso of the great
and singular benefits that we have enjoyed by that
eminent protection, all which hath greatly encour-
aged and strongly moved us in conscience of duty,
humbly and heartily to offer up o'r most sincere
acknowledgments of your Ma'tis great goodness
towards us in those forementioned Charter Bownds
and priviledgses, which hath been no small engage
ment and encouragement to us in the defence of
those parts, neither can we choose but reflect upon
ourselves that in so many Halcion dayes of great
immunities under your Gracious shadow we have
not with bended knees testifyed o'r utmost thank-
fullness for such Royall favoure, but such have
been the overtures by the Death of o'r former Gov
ernour Winthrop and of late by the breaking forth
of the war with the Barbarous heathen which
hitherto retarded us but that we have now a hope-
full issue through the help of Almighty God, and
the benefit of your Royall countenance, for al
though as to o'r Estates we are much impoverish
ed thereby, yet through Gods mercy, he hath given
us o'r Enemy for a prey, whilst many of o'r neigh
bours round about us, have been made a desola
tion, and under God we must acknowledge o'r
selves Debtor to your Ma'tie the greatness of your
name and power with the aspect thereof towards
us, being a Terror to o'r heathen adversaries, yet
these troubles hav.e been some hindrance to that
o'r duty of acknowedging o'r thankfulness, but now
being by your Ma'ties Letters dated at White
Hall Feb'y 12, 1678-9 commanded to appear be
fore your Ma'tie by o'r agents to make good o'r
claym to the soyle and Government of the Narra-
gancett Country, what can we say before so Gra-

116 Address to Charles II,
cious a King, but to beg that we may be admitted
humbly to prostrate o'rselves at y'r Ma'ties feet
with earnest beseeching your princely Grace in
the full enjoyment of all the hmits mentioned in
o'r sayd Charter, and the priviledges thereof w'ch
have by your Royall selfe been granted to us o'r
Heirs and successors ; and that o'r messenger Mr.
Wm. Harris (who is impowered by us according
to your Majesties order aforesaid,) may find fa
voure with your Ma'ties and who can informe fully
the expences we have been at in the last Indian
Warr, both as to money and loss of men as allso
the advantages obtayned hath formerly been cer
tifyed to the Right Hon'ble Earle Sunderland, by
the Com'rs of Massachusetts, New Plimouth and
this Colony from Boston, August last. Great s'r
so great have been the assurances we have receiv
ed of your princely favours to this your poore Col
ony, by your Gracious Letters, divers times sent us,
that we cannot but be greatly encouraged to hope
for a continuance of your Royall favoure unto us,
and we shall as in duty we are bound apply o'r
selves constantly to the Throne of Grace, for your
Ma'ties long life and happy Reign over all your
kingdoms and territoris to the honor of the great
God and the good of his church.
So beging your Majesties pardon, we subscribe
o'rselves your Ma'ties true and loyall subjects, the
Gov'r and Generall Assembly of your Ma'ties
Colony of Conecticutt.
WM. LEET, Gov'r,
In their names and pr their order,
JOHN ALLYN,^ Sec'ry.

Letter from Charles II. \\1

A Letter from his Majesty Charles 2d, relating to
trade and navigation.
Charles R.
Trusty and well beloved, wee greet you well,
whereas by an act of ParUament of this our
Realme, made in the 25th year of our Reigne,
certain rates, duties and impositions are imposed
upon certain comodities of the groth, production
and manufacture of our plantations in Asia, Afri
ca or America, that shall be shipped or laden on
board any shipp or vessell, for which bond shall
not be first given to bring the same to our King-
dome of England, Dominion of Wales or Town
of Berwick upon Tweed, which rates, duties and
impositions are to be levyed and collected under
such penalties, both to the officers and upon the
goods, as for non payment of, or defrauding us of
our customes in England ; the collection whereof
is by the said act to be ordered and managed by
our commissioners of our customes in England,
under the authority and direction of our Lord High
Treasurer of England, or commissioners of our
Treasury for the time being.
And whereas our commissioners of our cus
tomes, have in pursuance of such direction, ap
pointed Edward Randolph Esqr., for collecting the
said duties arising and growing due to us, by ver
tue of the said act, and have impowered him to
make and depute such deputies or under officers as
may be further necessary, wee will and require
you that you give all due encouragement and as
sistance to the said Edward Randolph, in the ex
ecution of his duty and place, and to such persons
as shall from time to time, be by him appointed to

118 Letter from Charles II.
the said offices, and that you do strictly command
all other officers and persons whatsoever, civill or
military, within your government to be aiding and
assisting to them therein ; you are moreover, to
take effectuall care that all former laws relating
to the trade of our plantations, be duly observed
and executed, and particularly the act for encour-
ageing and encreasing of shipping and navigation,
made in the 12th year of our Reigne, the act for
encouragement of trade, made in the 15th year of
our Reigne, and the act for better regulating to
the plantation trade made in the 22 and 23 years
of our Reigne, and also our proclamafion of the
24 November, in the. 27 year of our Reigne, for
enforceing the said laws ; and you are once a year
to return to our said commissioners of our cus
tomes, a fist of all such shipps or vessells as shall
lade within your government, any of the enume
rated plantation comodities, as is provided by the
aforementioned act of the 22 and 23 years of our
Reigne, as also a list of all the bonds taken by
you, together with such other matters as they shall
desire from you. And you are from time to time,
to correspond with our commissioners of our cus
tomes, and to inform them what you conceive fur
ther necessary for our service in the premises. —
Given at our Court at White Hall, twelfth day of
November, in the one and twentieth year of our
Reign. By his Majesties command.
ESSEX, L. HYDE,
J. ERNLE,
ED. DERING,
S. GIDELPHIS.
To our trusty and well beloved, the Governour,
for the time being, of our Colony of Connecticott,
New England,

Deposition of Francis Branson. 119
A copy of the Deposition of Francis Branson,
Francis Branson, commander of the ship Anne
and Hester, aged 30 years or thereabouts, in the
behalf of his Majestie testifieth, that "Wilham
Kelso, Chirurgeon, and John Bowland, mate of the
said ship, being aboard, in the great cabbin at sea,
the 16th day of April last, 1680, amongst other
discourses that then passed between them, the
said William Kelso in hearing of this Deponent,
did declare in the great cabbin, that he was the
Chirurgeon Generall, in the late rebellion in Scott-
land, and that after the Duke of Monmouth had
been there and quahfied them, Kelso cutt of his
hair and wore a Perriwigg, and made his escape
into the north of Ireland, and from thence trans
ported himself to Dublin, and was there some
small time, and from thence he made his escape
to Bristol, and there he stayed a while, and after
went up to London. He then at the same time
did declare, that he knew those persons that
murdered the Arch Bishop of St. Andrews, and
that they had made their escape disguised, and
could not be found; that there were six of them
that sett upon him, when he was in his coach,
going over a plain 3 miles from a village, that
they hauled him out of his coach and told him
that he had betrayed them, and therefore nothing
should satisfie them but his blood. His Daughter
being in the coach with him, opened her bosome,
and desired them to spare her father and kill
her, but they fell upon him with their pistolls, first
pistolling him, and then hewed him in pieces
with their swores ; all which words were spoken
by the said Kelso, when we were coming from
England, being then bound for the Isle of May.

120 Letter to Commissioners of Customs,
Sworn to in Court, the 4th January 1680, in
Boston, in New England. That this is a true
coppie taken and compared with the original, 4th
January 1080. Attest
EDWARD RAWSON, Secr'y.

Copy of a Letter sent' by the Governor <^c. of the
Colony of Connecticut, to the Commissioners' of
his Majesties Customs.
Much Honoured —
Yours of May 24th came to our hand January
following with the inclosed from his Majestie, wUh
the Statutes, box of Seals and book of rates, «&c.
the contents whereof were of much satisfaction
unto us, viz : to be informed and directed how we
might serve his Majestie preventive to frauds in
customs and dutys, that being part of our. allegi
ance and duty incumbant, unto which we appre
hend ourselves sufficiently impowered by his Ma
jesties gracious Charter, granted to this Colony,
and wee have the greater happiness by your early
care, thus to suggest to us before we arrived at
any capacitie so to defraud, for though we may not-
boast of our own goodness, yet pennury hath
hitherto obstructed, for after above forty years
sweating and toyle in this wilderness, to enlarge
his Majesties dominions, at our own cost and ad
venture., we have neither had leisure or ability to
lanch out in any considerable trade at sea, having
only a few small vessells to carry our corne,hoggs

Letter to Commissioners of Customs. 121
and horses unto our neighbours of York and Bos
ton, to exchange for some cloaths ' and utensills
wherewithall to worke and subdue this country ;
likewise some of those comodities are carried to
the Barbadoes, and those Islands, to bring in some
sugar and rum to refresh the spirits of such as la
bour in the extream heat and cold, so to serve his
Majesties inlargement of Dominions, and gett a
poor living to themselves meanwhile, the sub
stance whereof we suppose Mr. Randolph can
informe, who having lately taken an interview of
our parts and Colony, unto whom we have shew
ed civility according to our capacitie, and offered
any furtherance in so good a designe to prevent
fraud towards our Sovreign in trade and naviga
tion, we have also appointed customers or collec
tors in our severall counties, to take speciall care
that these acts of navigation and trade be duly ob
served and kept, and have commissioned them ac
cordingly, they are the most aptest persons we
could pitch upon, for that affaire, this work is yett
novell and unknown to them, through want of ex
perience in such occasions, but we have no cause
to doubt of their fidelitie and care in the due at
tendance of the work and trust reposed in them,
and we shall be ready to grant Mr. Randolph such
necessary aid and assistance as shall be requisite,
if he also shall see cause to take any cognizance
of these affaires in our colony, if yourselves or
any Lords of the Privy Councill or Treasury will
concern themselves to further light, in this or any
thing proper to oar Loyalty, we shall thankfully
accept the same, and do our duty therein, praying
always for the long life and happy Reigne of his
Majestie, and wellfare of yourselves, and all Pro-
11

122 Letter to Commissioners of Customs.
testant professors, as our own, who are your Hon
ours very humble servants.*
WILLIAM LEETE, Gov'r,
JOHN TALCOTT,
JOHN ALLYN.
Hartford, January 24th, 1680.
Note. — This, according to the modern mode of dating,
was 1681.
These for the Honourable the Comissioners of
his Majesties Customes, at the Custome House in
London.

* "The Acts of trade and navigation were exceedingly
grievous to the Colonies. They viewed them as utterly in
consistent with their chartered rights. This made them ex
tremely unwilling to submit to them. Massachusetts never
would finally submit ; but as it was matter of great and con
tinual complaint against the Colonies, and as his Majesty in
sisted on the respective Governors taking the oath respect-
ing trade and navigation, it was judged expedient, that Gov.
ernor Leet should take it, in the presence of the Assembly.
It was accordingly administered to him at the Session in
May, 1680."— Trum. Hist. Con. Vol. 1, p 356.
"At a Generall Court of Election held at Hartford May
13, 1680, according to his Ma'ties command, the Governur
did in the presence of the Court, take the oath respecting
the act of navigation and trade, appoynted by his Ma'tie, it
being administered to him by Mr. Sam'l Willys, Maj'r John
Tallcott, Capt. John Allyn, and fower others of the Coun-
ciU of the Colony, May 14, 1680."

Letter from Com'rs on Trade, 6fC. 123

A Letter from the Lords Commissioners of his
Majes. Customs, relating to Trade and Navi
gation, ^c.
Sr, herein we enclose a letter from his Majestie,
in relation to his customes, arising by vertue of
one act of Parhament, made in the 25th year of
his Majesties Reigne, entitled an act for better
secureing the plantation trade, and also in rela
tion to the other laws which concern the planta
tion trade, and for your information in these
matters, a book of rates is herewith transmitted
to you, wherein the said laws are contained, viz.
the act of navigation, the act for the encourage
ment of trade, the act for better regulating the
plantation trade, and the act for better securing
the plantation trade, together with some copies of
his Majesties Proclamations of the 24 November,
in the 27th year of his majesties Reigne, prohibit
ing the importation of the commodities of Europe
into any of his majesties Plantations in Asia, Afri
ca or America, which were not laden in England,
and for putting all other laws relating to the plan
tation trade, in effectual execution, for due per
formance whereof you will please to give order
and take care, and whereas several shipps have
gone from his majesties plantations to Scotland,
Ireland and other places beyond the seas, and there
discharged their loading of tobacco, sugar and
other the commodities, enumerated in the afore
said act of the 25, of the King, without first com
ing to England, Wales or Berwick and paying
his Majesties duties there for the same, according
to the said laws, for prevention thereof for the
future, wee desire you will please that according
to the aforementioned act for regulating the plan-

124 Letter from Com'rs on Trade, SfC.
tation trade, we may receive from you at least
once a year, a list of all such ships or vessels, as
shall lade within your Government, any of the
enumerated comodities, according to the enclosed
forme, endorsed (No. 1,) and that you do not per
mitt any shipp or vessell to load any of the said
goods in your colony, unless she first give bond to
carry the same to England, Wales or Berwick,
or pay the duties appointed by the aforesaid act
of the 25, of the King, and also give bond to carry
them to England, Wales or Berwick or to some
other of his Majesties plantations, for that you are
to know, that the payment of the said duties doth
not give hberty to go to any Port or place other
than to England, Wales or Berwick, or to some
other of his Majesties plantations, and they are
not thereby privileged to goe to Ireland, Scotland
or any foreign country, and for the better discov
ery of false certificates of ships having given bond
in England and unloaden there, we desire you -will
use your utmost care in causing strict examina
tion to be made of all certificates, both of ships
having given such bond, and also of their having
discharged their loading in England, and that you
admit of no certificates of any ships having given
bond, nor of any ships having discharged their
loading in England, Wales or Berwick, but such
as shall come to you under the hands and seals of
the customer or patent collector and comptroller
or their deputies, and the hand of the commis
sion collector Or his deputy or two of them, of the
port where they gave bond or unladed respect
ively, and we herewith transmitt to you one of
each of the impressions of the seales as we rec'd
them, both from the respective customers and
comptrollers, both in the port of London and the
oat PortSv And we desire that as it is the practice

Letter from Com'rs on Trade, ^-c, 125
in other plantations, all certificates, both of ships
having given bond, and of their having discharged
their respective loadings may be registered in
your navall office, or some other publick office jin
your colony, and you may please further observe,
that you are not to permitt any shipp to take in
any of the enumerated goods in your colony, but
such as have given bond in England, Wales or
Berwick, or to yourself, or to the Governor of
some other of his Majesties colonies, and where
a certificate shall be brought to you, of any ships
having given bond with the Governour of any
other colony or ships, having unloaden any of the
said commodities in any other colony, you are nott
to admitt thereof, unless it be under the hand and
seal of such Governour respectively, and as to the
bonds to be taken by you, wee here inclose to
you the form of a bond to be entered into by mas.
ters of ships that enter for England, Wales or
Berwick, only, (No, 2,) and the form of a bond to
be entered into by the masters of ships that enter
for England, Wales or Berwick, or some other of
his Majesties plantations, before they have liberty
to lade any of the said goods, (No, 3,) both which
bonds are to be with one sufficient surety ; and
the blank in which bonds for the summ is to be
filled up according to the direction in the act of
navigation, with the sum of one thousand pounds,
if the ship be of less burthen than one hundred
tonn, and of two thousand pounds if the ship be of
a greater burthen, and because the life and effi.
cacy of such bonds depend principally upon the
sufficiency of the securities, we desire that you
will take effectual care that the sureties in all
such bonds, be persons of sufficiency and value,
and inhabitants within your Government ; and in
all cases where bond hath been given to you, if
11*

126 Letter from Com''rs on Trade, ^,
you can discover and make proofe, that any such
ship or vessell hath discharged her loading, con
trary to her bond, or that a convenient time hath
passed in expectation of the returne of a certifi.
cate of her unladeing according to the condition
of her bond, and that no such certificate is return.
ed, wee desire you will cause the bond to be pros-
secuted, wee doubt not but you will give all
encouragement to Mr, Randolph, appointed by
his Majestie to receive his customes in your col
ony, and likewise to his deputies, — we are Sr your
very humble servants,
STOWIMS, CHELHEYNE,
HILLINGTERY.
Custom House, London,
24 May, 1680.
To the Governour for the time being, of Con
necticott colony. New England.

Nanne of
Plantation m Part.

A Form of Entry, according to which a List of all Ships Trading to and from any of his Ma ¦
jesties Plantations in America, being Registered pursuant to the directions of the late act of Par
liament, is to be transmitted to the Com'rs of his Majesties Customes in the Port of London.

Enteing inward at the Planta.tions.

tq

s
^4

Time of
Impor tation.

Ships name
of what
place.

Master's names.

Kind of
Built

Bur
then

When
& where
built.

Where
& when
regis'd.

Owner's names.

General Cargo.

From
whence.

When & where
bond given.

a
as
o

^

Clearing Outward from the Plantations.

Time of
Clearing.

Ships name
of what
place.

Master's

Kind I
of
Built

Burthen

When
& where
1 built.

When
& v/here
regis'd.

Owner's

Quantity of
Plant'n cargo
specified.

Where
bound.

Where and
when bond
given.

CD

In the Register of Prize Ships, the capture and condemnation must be also specially mentioned, instead
6f the time and place of Building.
Lists of all Ships, trading to or from the Plantations, or from one Plantation to another, to be prepared
Quarterly by the Collectors of the Customes, and the navall officers in the respective Plantations, in order
to be transmitted to the Commissioners of his Majesties Customes by the first opportunity of shipping every '-'
Quarter. »s

128 Letter to Lords of the Council, SfC.
Copy of a Letter from the Governor and Council
of the Colony of Connecticut, to the Rt. Hon
orable, the Lords of the Council of trade, rela
tive to the Narraganset Country.
Right Honnourable —
We request your consideration of our pleas of
right to the Government and soyle of the Narra
gansett lands.
1. Our Pattent, dated 23d Aprill, in the four
teenth year of his Majesties Reigne, doth circum
scribe those lands, and makes them Connecticuts,
which Pattent is precedent to Rhoad Island.
2. That the bounds of our charter, as to the
eastern limits, was not newly devised, but was so
described in a grant made formerly to some Lords
and Gent, bearing date Anno. Dom. 1631, which
at a dear rate was purchased by the Colony of
Connecticut, which grant, though so purchassed
we were unwilling to rely upon, it wanting a Roy
all stamp, and therefore soon after his Majesties
happy restoration to his Crown and dignity, this
Colony did request and impower the Hon. John
Winthrop Esqr., our then Governour, to undertake
a voyage for England, and to present our humble
address to his Majesty and procure a charter for
this Colony, which through assistance of Almigh
ty God, and the abundant grace of our Lord the
King, (whom God preserve) he was successfull
therein. 3. That Pawcatuck River, which Rhoad Island
procured his Majestie to call Narragensett River
in their charter, lyeth about six miles within the
Pequot country, that was conquered by us above
forty years agoe, which his Majestie is pleased to

Letter to Lords of the Council, ^c. 129
take notice of, as a ground for the grant of our
charter, in part of which lands we have been for
ced to settle some of our friend Indians, who were
helpfull to us in the warr when the Narragansetts
were our enemies, and the Rhoad Islanders no
good friends, that it should be taken from them
for Rhoad Island, to possess and govern will be to
them intollerable.
4. After a charter was procured and sent over
to us, the Honnourable John Winthrop his agency
was expired, and therefore any agreement Rhoad
Island may pretend they made with Governour
Winthrop, doth not binde the Colony.
5. Connecticot have dealt plainly, and have
antiquity of their side before either donation of the
Indians to his Majestie, and before Rhoad Islands
charter grant.
6. Connecticnt hath been long and lately in
possession of great parts of those Narraganset
lands, which according to his Majesties Letter of
February 12th, 1697, (we humbly conceive) ought
so to continue untiil his Majesties decision and
pleasure be further known, notwithstanding which,
the Government of Rhoad Island have been con
tending with us, incroached upon our rights, and
given us great mollestation.
7. In the late Indian warr, Rhoad Island Gov
ernment neglected to grant assistance to defend
the people planted in the Narraganset country, or
to recover the lands out of the hands of the na.
tives, our enemies, who strongly fortifyed them.
selves there, and ruled as Lords both of soyle and
Government, till they were recovered out of their
hands by this Colony, and our allies, yea when in
the sharpest of the winter, our souldiers had a cru
el fight with the enemy, beat them out of their
works and burnt them with fire, and retreated to

130 Questions and Answers.
Rhoad Island for recruit w'th our wounded men ;
we were forced to pay dearly for what reliefe they
had there, and our souldiers when they were so
well that they could be removed into our Colony
for care, (they haveing not money to pay) their
late Governour Cranson, took indentures of our
souldiers to serve him for years for what they had
had, before he lettthem pass, and yet againe they
give us trouble, and would re-assume a Govern
ment there, which how they manage we hope you
will have from other hands, sundry other such
things with sufficient proofs we had sent over, but
they are all lost with our agent, we request your
favorable construction hereof, and you will there
by oblige your most humble servants, the Govern.
our and Councill of Connecticutt.
WILLIAM LEET, Govern'ur.
Hartford, July 15th, 1680.

Heads of inquiry, containing 27 queries, sent from
the Honourable the Lords of the Councill of
Trade and Foreign Plantations, to the Govern
our of his Majesties Colony of Connecticutt, in
New England.
1. What Councills, Assemblies and Courts of
Judicature are within your Corporation, and of
what nature and kinde ?
2. What Courts of Judicature relating to the
Admiralty ?
3. Where the Legislative and Executive pow
ers of the Government are seated ?

Questions and Answers. 131
4. What Statutes, Laws and Ordinances, are
now made and in force ?
5. What number of Horse or Foot are within
your Government, whether they be trained bands
or standing Forces, how they are armed, divided
and exercised ?
6. What Castles and Forts are within your
Corporation, and how situated and fortified ; as
also what stores and provisions they are furnished
withall? 7. What number of Privateers or Pyrates do
frequent your Coast, and what their burthens are,
the number of their men and gunns, and the names
of the Commanders?
8. What is the strength of your bordering
neighbours, whether Indians or of any other na
tion, by sea and land, and what is the state and
condition of their trade and commerce ?
9. What correspondence do you keep with
your neighbours ?
10. What are the Boundaries, Longitude, Lat
titude and contents of Land within your Govern
ment, and what number of acres Pattented, set-
tied, or unsettled, and how much is manureable
Land ?
1 1 . What are the principall Towns and pla
ces of trade, and what manner of buildings are
most used in your Corporation, as to the strength
^nd largeness of them ?
12. How many Parishes, Precincts, or divis
ions are within your Government ?
13. What Rivers, Harbours and Roads are
within your Corporation, and of what depths and
soundings they are ?
14. What comodities are there of the produc
tion, groth and manufacture of your Government,
and of what value yearly, either exported or con-

132 Questions and Answers.
sumed upon the value, and what materials are
there already growing, or may be produced for
shipping, as also what are the comodities imported,
and of value yearly ?
15, Whether salt petre is or may be produced
within your corporation, and if so, in what quan
tity, and at what rates it may be dehvered in
England ?
16, What number of merchants and planters,
English or foreigners, servants and slaves, and
how many of them are men able to bear arms ?
17, What number of English, Scotch, Irish
or foreigners have (for these 7 yeares last past,
or for any other space of time) come yearly to
plant and inhabit within your corporation ; and
also what blacks and slaves have been brought in,
within the said time, and at what rates ?
18, What number of whites, blacks or mulat
tos have been born and christened for these seven
years last past, or any other space of time, for as
many years as you are able to state an acount of?
19, What number of marriages for seven
years last past, or any other time, for as many
years as you are able to state an account of?
20, What number of people have yearly dyed
within your Government, for seven years past, or
any other time, for as many years as you are able
to state an account of?
21, What estimate can you make, touching
the estates of the, severall degrees of merchants
and planters within your corporation ; and how
you may compute the wealth of the corporation
in generall ?
22, What number of ships, sloops or other
vessells do trade yearly to and from your Govern
ment, and of what built and burthen, and whether
there be any belonging to the country ?

Questions and Answers. 133
23, What obstructions do you find to the im
provement of the trade and navigation of your
Corporation ?
24, What advantages and improvements do
you observe that may be gained by your trade
and navigation ?
25, What Rates and Duties are charged and
payable upon any goods exported out of your
Government, whether of your own groth or man
ufacture, or otherwise, as also upon goods import
ed ; and likewise what other Revenue doth or may
arise within your Corporation, and how the same
are applyed &c, ?
26, What Perswasion in Religious matters is
most prevalent, and among the varieties which you
are to express, what proportion in number and
qualhty of people the one holds to the other ?
27, What course is taken for the instructing
of the People in the Christian Religion : how ma
ny Churches and Ministers are there within your
Government, and how many are yett wanting for
the accommodation of your Corporation; what
provision is there made for their maintenance, as
also for relieving poor decayed and impotent per
sons, and whether you have any beggars and idle
vagabonds ?
By command of the Right Honnourable, the
Lords of his Majesties most Honnourable Privy
Councill, appointed a Committee for Trade and
Forreign Plantations,
WILLIAM BLATHWAYT.

12

134 Questions and Answers.

Answers made to the queries aforegoing, and sent
to the Right Honnourable the Lords of his Ma
jesties most Honnourable Privy Councill, ap
pointed a Committee of Trade and Plantations.
1. We have yearly two General Courts, ac
cording as they are stated in his Majesties gracious
charter, granted to this Colony, We have two
Courts of Assistants, which consist of the Gover
nor and six Assistants, which are for the tryall of
cappitall offences, and for the hearing of all ap
peals, with a jury.
Our Colony is divided into four Counties, and
in each County there are two County Courts an
nually, consisting of Magistrates, with a Jury, to
heare and determine all actions of debts, slander,
and of the case, and Criminall matters of lesser
nature, as there is any special occasion ; the Gov
ernour calls his Assistants who are his Councill, to
meet and consider of such matters as fall in, in the
intervall of the Courts, and to order and deter
mine the same,
2, We have little traffique abroad, and small
occasion for such a Court and so have not consid
ered or stated any such Court at present distinct
from the rest, but it is left with the Court of As
sistants, 3. The Legislature is only in the General Court,
and the Executive in those Courts appointed as
before, 4, We have herewith sent you one of our
Law Books, wherein are what Laws were in force
when we printed them, since which, some few or
ders have been made, but are not yet printed, and
so have not sent them : your Lordships may please
to take notice, that in our preface to our Laws^

Questions and Answers. 135
we say we have been carefull not to make any re
pugnant to the Stattute I^aws of England, so farr
as we understand them, professing ourselves al
ways ready and willing to receive light for emen
dation or alteration, as we may have opportunity,
what we then said is our present purpose, and shall
be our practice as occasion requires,*
* Until the year 1672 the laws of the Colony had been
kept in manuscript, and were promulgated by sending cop
ies of them to the several towns in this Colony. At the
Session of the General Court in October 1672, it was order.
ed that the laws of the Colony should be printed : the Book
consisted of about seventy-five Folio pages, printed, and
about the same number of blank pages. The laws that were
passed after the printing of the book, were inserted in wri.
ting in the blank pages till the book was filled up. The
Generall Court enacted that every family in the Colony
should purchase one of the books.
Here follows a copy of the Act.
"At a General Court held at Hartford, October 10, 1672 :
It is ordered by this Court, that our laws shall be printed
as soon as may be conveniently, the copy of them being
viewed and approved by this Court.
It is also ordered that every family in the several planta.
tions in this Colony, shall purchase one of our Law Books to
keep for their use, and the constables of the several planta.
tions are to see that this order be duly attended, and that the
books are^paid for as they are delivered, either in silver or
wheat ; those that pay in silver, to pay twelve pence a book ;
and those that pay in wheat, to pay a peck and half a book,
and those that have not those things to pay, are to pay two
shillings in pease for a book ; pease at three shillings pr
bushel, all to be delivered at the County townes in each
County." It appears that this order was not at first as strictly com.
plied with as was intended, for the printer made loud com
plaints that he did not receive punctual payment for the
books, and at length petitioned the General Court for redress
of grievances ; whereupon at their session at Hartford, Oc
tober 1674, the following order was passed.
"October 8th, 1674. — The printer complayneing that he
IS not payed for the law books by the severall constables of

136 Questions and Answers.
5, For the .present, we have but one Troop
setled, which consists of about sixty Horss, yet we
are upon raising three Troops more, one in each
County, of about 40 Horss in each Troop, our other
forces are Trained Bands, there is a Major in each
County, who commands the Militia of that, under
the Governour for the time being, who is the Gen
eral of all the Forces within our Colony, the
whole amounts to 2507 ; the names of our seve
ral Counties are :
Hartford County, where are about 835 Trained
Souldiers — New Haven County, where are about
623 Trained Souldiers — New London County,
where are about 609 Trained Souldiers — Fair
field County, where are about 540 Trained Soul
diers — Total 2507 men.
Our Hossmen are armed with Pistols and Car
bines, the Foot Souldiers, with Muskett and Pike,
for the present, in our late wars with the Indians,
we found Dragoons to be the most usefull, and
therefore improved about 300 of them in the ser
vice to good success,
6, We have one small Fort within our Colo
ny, which is at the mouth of Connecticott River,
at a place called Saybrook, and our stores of Pro-
sundry of the plantations,, the Court orders that whatsoever
constable shall neglect to bring in the pay, due for the law
books their towne hath or ought to receive, according to for
mer order to the County Towne of their County, and deliver
the same to the persons appoynted in the sayd Countyes to
receive the same, one month after publication hereof, shall
forfeit twenty shillings, and so twenty shillings a month till
he hath accomplished the same. The Treasurer, upon com-
playnt made of the breach of this order, is to grant warrant
to levy the penalty for the use of the printer ; the persons
appoynted to receive the pay for the printer in the County
Townes, are for Hartford, the printer himself, for New Ha-
ven, Mr. John Hudson, for Fayrefield, Mr. John Burr, for
New London, Mr. Joshua Raymond.'*

Questions and Answers. 137
vision are but slender, we having Towns about it
that can convey Provisions to it upon all occa
sions — other good Harbours we have, and one es
pecially, at a Town called New London, former
ly called Pequott, near which the English of Con
necticott obtained a memorable victory over the
Pequotts, the first and most fatall blow the Indi
ans rec'd from the Enghsh in New England, till
the late warr in 1675 and 1676. The Harbour
lyeth about a league up the River, where the Town
is : ships of great burthen may come up to Town
and lye secure in any winds, where is great need
of Fortification, but we want estate to make For
tification, and purchase artillery for it, and we
should thankfully acknowledge the favour of any
benefactors that would contribute towards the do
ing of something towards the good work.
7. It is rare that ever there comes any here on
those dangerous coasts, only about two years agoe
there came a French Captain called Lamoine,
with three shipps, one of which wintered at New
London, and in the spring went of to sea.
8. As for our Indian neighbours in this Colo
ny, we compute them to be about 500 fighting
men, as for our neighbours of York, Massachu-
setts and Phmouth, we suppose they are to an.
swer to the same questions, and know better what
their strength, and the number of the natives is
amongst them ; as to the French, we are strangers
to them, and know nothing of their strength or
comerce. Our chief trade for procureing of cloa-
thing, is by sending what Provisions we raise to
Boston, where we buy goods with it to cloath us,
the trade with the Indians in this Colony is worth
nothing, for by reason of warrs they have with
other remote Indians, they gett little Peltry,
9, We have neighbourly correspondence with
12*

138 Questions and Answers.
New Plimouth, and the Massachusetts, and since
Sr Edmund Andross is come to York, our corres
pondence with him, is not hke what it was with his
predecessor in that Government ; as for Rhoad
Island, we have not so good correspondence with
them as we desire,
10. Our Boundaries are expressed in our
Charter. As to the number of acres settled, or
unsettled, or how much is manureable, we cannot
guess, the country being a mountainous country,
full of rocks, swamps, hills, and most that is fit for
plantations is taken up, what remains must be sub.
dued, and gained out of the fire, as it were, by
hard blows and for small recompence.
11. Our principall Towns are Hartford, upon
Connecticott River, New London, upon Pequott
River, New Haven and Fairfield, by the sea side,
in which towns is managed the principall trade of
the Colony; our buildings are generally of wood,
some there are of stone and brick, many of them
of good strength and comhness for a wilderness,
both those of wood, stone and brick.
12. AVe have twenty-six small Towns* al.
ready setled in our Colony, and in one of them
we have two Churches.
13. Between the Narragansett River, our last
Bounds, and Momoronack Rivolett, our Western
Bounds, are those Rivers following : The River
of Connecticott, at the entrance of which there
is but about 10 or 12 foot at high water, vessels of
50 or 60 tunns, sometimes 80 tunns will goe up 60
miles in that River, to the Town of Hartford, but
by reason of flatts and falls, they cannot goe above
6 miles beyond Hartford — New London or Pe
quott River, where a ship of 500 tunns may go up
* Rye and Bedford were included in this number.

Questions and Answers. 139
to the Town, and come so near the shoar,that Ihey
may toss a biskitt on shoar, and vessells of about
30 tons may pass up about twelve miles above
New London, near to a Town called Norwich —
at New Haven and Fairfield, ships of three hun
dred tonus or bigger, may come into the Har
bours—at Guilford, Milford, Norwalk, Stratford
and Rye, vessells of about 30 or 40 tonns may
come in, and they are pretty good Tide Harbours.
14, The commodities of the country are wheat,
peas, rye, barly, Indian corn, and pork, beef, wool,
hemp, flax, cyder, perry, and tarr, deal boards,
pipe staves, horses ; but to say the yearly value of
what is exported, or spent upon the place, we can
not. The most is transported to Boston, and there
bartered for cloathing, soin small quantities direct
ly sent to Barbadoes, Jamacia and the Carribbe
Islands, and there bartered for sugar, cotton wool
and rumm, and som money; and now and then
rarely some vessells are loaden with staves, pease,
pork and flower, to Madera and Ffyal, and then
barter their comoditys for wine ; we have no need
of Virginia trade, most people planting so much
tobacco as they spend, our wheat having been
much blasted, and our peas spoiled with worms
for sundry years past, our trade is much abated.
For the materials for shiping, here is good timber,
of oak, pine and spruce for masts, oak boards and
pine boards, tar, pitch and hemp. The value of
the comoditys imported yearly, we cannot com
pute, but possible it is 8000 or 9000 pounds,
15, We have no Salt Peter raised in our Colo
ny, neither do we know how to raise it, or wheth
er here be the materials that will make it.
16. In our Colony there are about 20 petty
merchants, soin trade only to Boston, som to Bos
ton and the Indias, others to Boston and New

140 Questions and Answers.
York, others to Boston, the Indias and Newfound
land. As for Forreigne Merchants, a few, and
very few seldom trade hither ; as to the number
of Planters, they are included in our train bands,
all from 16 to 60, being to bear arms. There are
but a few Servants amongst us, and less Slaves,
not above 30 as we judge in the Colony.
17. For Enghsh, Scotch and Irish, there are
so few come in, that we cannot give a certain ac
count, some years comes none, sometimes a fami
ly or two in a year, and for Blacks, there comes
sometimes 3 or 4 in a' year from Barbadoes, and
they are sold usually at the rate of £22 a piece,
sometimes more, and sometimes less, according as
men can agree with the masters of vessells or
Merchants that bring them hither.
18. We can give no account of the perfect
number of either, born, but few Blacks, and but
two Blacks christened, as we know of
19. We can give no perfect account of it.
20. This we cannot give account of, but as to
the increase, take it as followeth :
In the year, 1671, our number of men was 2050.
In the year 1676, our number was 2303.
In the year 1677, our number was 2365.
In the year 1678, our number was 2490.
In the year 1679, our number was 2507.
21. As to the Estates of the 3Ierchants, we
can make no guess of them, but for the Estates of
the Corporation in general, it doth amount to about
£110,788. Houses are so chargable to main
tain, that they are not valued in the above men
tioned sum.
22. It is rare any vessels come to trade with
us, but what come from Massachusetts Colony or
New York ; but sundry of their vessels do come
and transport our provision for our Merchants to

Questions and Answers. 141
Boston, the account of our own vessels followeth :
In Stamford 1 Pink, 80 ton, and 1 Sloop, 10
tonns. In Stratford 1 Sloop, 12 tonns.
In Milford 1 Pink, 80 ton, 1 Bark, 12 ton, 1
Ketch, 50 tons.
In New Haven 1 Pink, 60 ton, I Sloop, 30 ton,
1 Ketch, 24 tonns, and 1 Sloop 12 tonns, and 1
Sloop 8 tons.
In Brandford 1 Barque, 30 tonns.
In Kinnelworth 2 Sloops, one 18, one 14 tonns.
In Saybrook 2 small Sloops.
In Middletown 1 Ship, 70 tonns.
In Hartford 1 Ship, 90 tonns.
In Lyme 1 Ketch, 70 tonns.
In New London 2 Ships, 1 70 tonns, 1 90 tonns,
3 Ketches about 50 tonns a piece, 2 Sloops, 15
tonns a piece.
In Stonington 1 Sloop, 10 tonns.
23. The want of men of Estates to venture
abroad, and of money at home, for the manage
ment of trade and labour, being so with us.
24. If so be that Hartford, New London, New
Haven and Fairfield, might be made free Ports for
20 or 15 years, it would be a means to bring trade
there, and much increase the navigation, trade and
wealth of this poor colony.
25. We take no duties of goods exported out
of our Government, nor of any goods imported,
except on wine and liquors, which is inconsider
able, and improved towards the maintenance of
free schools.
26. Our people in this colony, are some strict
Congregationall men, others, more large Congre
gational men, and some moderate Presbiterians :
and take the Congregationall men of both sorts,
they are the greatest part of people in the colony ;

142 Questions and Answers.
there are 4 or 6 sevenths day men, and about so
many more quakers.
27. Great care is taken for the instruction of
the people, in the Christian Religion, by ministers
Chattechising of them, and preaching to them
twice every Sabbath day, and sometimes on Lec
ture days, and so by masters of famihes, instruct
ing and chattechising their children and servants,
being required so to do by law. In our corpora
tion are 26 towns as aforesaid, and there is 21
Churches in them. There is in every town in
our colony a setled minister, except it be in two
towns new begun, and they are looking out for a
minister to settle amongst them. For the main
tenance of the ministers, it is raised upon the peo
ple by way of rate, and it is in some places, £100
per annum, some 90, some 80, but in no place
less than 50 pounds per annum, as we know of,
and so the proportion raised, is according as the
occasion of the minister calls for it, and the peo
ples ability will allow. For the poor it is ordered
that they be relieved by the towns where they
live, every town providing for their own poor, and
so for impotent persons, there is seldom any wants
relief, because labour is dear, viz. 2s and some
times 2s 6d a day, for day labourers, and provis
ions cheap, viz. wheat 4s per bushell, Winchester
measure, pease 3s per bushell, Indian corne 2s 6d
per bushell, pork 3d per pound, beeif 2 l-2d per
pound, butter 6d. Beggars and vagabond persons
are not suffered, but when discovered bound out
to service, yett sometimes a vagabond person will
pass up and down the country, and abuse the peo
ple with fals news, cheat and steal, but when they

Questions and Answers. 143
are discovered they are punished according to
their offence, WILLIAM LEET, Governour,
Pr, order, John Allyn, Sec'ry,
Hartford, July 15th, 1680,
These for Mr. Blathioayte, Esq. at the Plantation
- office at White Hall, pr. him to be delivered to
the Right Hon'ble, the Lords of his Ma'ties most
Hon'ble Privy Councill.
Right Hon'ble —
Your letter of the 1st day of August 1679, we
have received, and it is greatefully accepted pr,
us, that such hon'ble personages as yourselves are
pleased to take notice of us, your honours poor
countrymen, in so remote apart of this wilderness,
and that you are so studious to promoate the
publique good, we have returned a brief answer
to those questions your honors have been pleased
to require an answer of us, which with all plainess
and truth,, charitableness be acceptable to your
hands, you may farther please to understand, that
we are but a poor people, we have lost and spent
much of o'r estates in the last Indian war o'r ex
pences w'th o'r loss cannot be estimated less than
£30,000, and no other advantage gayned by it
than the riddance of some of o'r bad neighbours ;
in o'r answers you will understand o'r way of live
ing, for the most part, we labour in tilhng the
ground, and by that time a yeares travels and
labour hath gathered some small parcell of pro
vision, it is transported to the market at Boston,
and halfe a crown will not buy so much goods of
any sort as 18 pence will in England ; besides for

144 Questions and Answers.
sundiy years past the holy providence of God hath
smitten us year after year, with blastings and
mildues, whereby we have lost the great part of
our wheat every yeare, and these 3 or 4 last
years, there is a worme breads in o'r pease which
doth much damnify them, so that we are like,
(by reason of o'r losses at home and the heighten
ed price of goods from abroad) to remaine a poor
but loyall people, and we humbly request your
honours to represent us to his sacred Ma'tie and
if by your Lordships mediation his Ma'tie be
pleased to cast any rayes of his favour upon us,
and grant unto us that New London, or some
other of our Ports might be made free Ports for
20 or 15 or 10 yeares, it would be a great means
to move men of estates to trade and settle there,
it would bring trade hither, so that the wealth of
this his Ma'ties colony would be encreased and
his Ma'tie in the conclusion receive no damage
thereby ; Right hon'ble we request your pardon
for o'r boldness herein, and desire that we may
enjoy your favours, and that you would graciously
be pleased so to tenderness as that we may be
upheld under your honours shaddow in the full
injoyment of all those priviledges and immunities
his Ma'tie hath been pleased to grant unto us, and
for your honour, we shall ever pray and remayne
your honours most obedient and dutifull servants,
the Govr, and Councill of Connecticott,
WM, LEET, Govr,
Hartford, July 15, 1680,

X}rderfrom Lords of the Council. 145
An order of the Lords of the Privy Council, for
apprehending William Kelso.
Att the Court at White Hall, )
this22d day of March, 1681, ^
By thk Right Honnourable, the Lords
OF HIS Majesties Privy Councill —
Upon reading this day, at the board, the annexed
copy of a deposition of Francis Branson, com
mander of the ship Anne and Hester, setting forth
that one William Kelso, Chirrurgeon of the said
ship, did in his way hence to New England, con-
fesse, (in the presence and hearing of the deponent)
that he was Chirurgeon Generall, in the late re
belhon in Scotland, and likewise give out suspi
cions words, as if he had likewise been concerned
in the horrid and barbarous murder of the late
Arch Bishop of St, Andrews, It was this day
ordered by their Lordships in Councill, that the
Right Honnourable Secretary Jenkins, (upon pe-
rusall of the said deposition,) prepare letters for
his Majesties Royall signature, requiring and
commanding the Governours or Commanders-in-
Chief of his Majesties severall colonys, in New
England, forthwith to cause the said William
Kelso to be apprehended, and sent over hither in
safe custody by the first shipps, in order to his
being proceeded against for the said crimes ac
cording to law.
PH: LLOYD.

13

146 Letter from Charles II,

A Letter from his Majesty Charles 2d, to the Gov
ernor and Councill of the Province of Connec
ticut, in relation to the Province of New Hamp
shire, SfC, Charles R,
Trusty and well beloved, we greet you well : —
Whereas we have thought fitt to take the Govern-
ment of our province of New Hampshire, into our
immediate care, and have for the better protec-
'tion of the inhabitants thereof, constituted and
appointed our trusty and well beloved Edward
Cranfield, Esqr, our Lieut, Governour and Com.
mander.in-Chief of that Province, with especiall
directions among other things to be ayding and
assisting to-the best of his powers, and with the
forces under his command, unto our loveing sub.
jects of the neighbouring colonies within our
dominions of New England, and perticularly to
our colony of Connecticutt, in case of any insur.
rection or rebellion, or if any attempt or invasion
of any of our enemies, whereby our subjects may
be annoyed or disturbed in the quiet and peace.
able enjoyment of their properties and estates, we
are therefore pleased hereby to signifie the same
unto you, as an effect of our gracious disposition
for the security and benefitt of our colony under
your Government, and to left you understand that
we doe in the same manner expect and require
that a mutual assistance be readily given by you,
and our said colony of Connecticott, unto the said
Edward Cranfield, and our good, subjects inhabit
ing within the Government wherewith he is in.
trusted, if the like invasion or attempt shall at
any time be made upon them by any people or

Letter from Charles II. 147
nation whatsoever, whether Indians or others, and
that you afford them on such occasion, such num.
ber of forces, and other aid, as the condition of
our colony under your direction shall permitt,
which we will esteeme an acceptable service unto
uss, as it will much conduce to the common
safety and preservation of all our subjects afore
said, and so we bid you farewell.
Given at our Court at Windsor, the 5th day of
June, 1682, in the four and thirtieth year of our
Reigne, By his Majesties Command,
L: JENKINS,
To our trusty and well beloved, the Governour
and Councill of our colony of Connecticott, in
New England, now and for the time being.

A Letter from his Majesty Charles 2d, with orders
to apprehend William Kelso.
Charles R,
Trusty and well beloved, we greet you well : —
You will see by an affidavit Whereupon an order
of Councill hath been made, (copies of both which
are herewith sent you) one William Kelso, Chir
urgeon of the ship Anne and Hester, did in his
voyage to New England, confesse that he had been
Chirurgeon Generall to the forces engaged in the
late rebellion in Scotland, having also given out
suspicious words as if he had been concerned in
that horrid and barbarous murder of the late

148 Letter from Charles II.
Arch Bishop of St, Andrews, which we bold our-
self by the laws of God and man to prossecute
upon all those that shall be found guilty thereof:
we do therefore require and command you forth
with to cause dilligent search to be made through
out all your Government for the said Wilham
Kelso, and being found, to cause him to be appre
hended, and sent over thither in safe custody, by
the first shipps bound from thence to England, in
order to his being proceeded against for the said
crimes according to law : Hereof you are not to
faile as you tender our displeasure ; and so we bid
you farewell.
Given at our Court, at White Hall, the 30th day
of September, 1682, in the four and thirtieth year
of our Reigne. By his Majesties Command,
L, JENKINS,
To our trusty and well beloved, the Governour
and Councill of our colony of Connecticott, in
New England,

Letter from his Majesty Charles 2d, relative to
Privateers and Pirates.
Charles R.
Trusty and well beloved, wee greet you well :- —
Whereas we are informed of great disorders and
depredations, daily committed, to the prejudice of
our allyes, contrary to treaty between us, and a
good correspondence that ought to be maintained

Letter from Charles II. 149
between Christian Princes and States, And we
haveing already given strict order in our Island of
Jamaica, against such illegall proceedings, by
passing a law for restrainiiig and punishing Pri
vateers and Pyrates ; our will and pleasure is,
that you take care that such a law, (a copie where
with is sent you) be passed within our colony,
under your Government, which you are to certifie
unto us by the first opportunity. And so we bid
you heartily farewell.
Given at our Court at New Markett, the 8th
day of March, 1683,
By his Majesties command, L, JENKINS,
To our trusty and well beloved, our Governour
and company of our colony of Connecticott, in
New England, in America,

An act for the restraining and punishing Priva
teers and Pyrates.
Whereas nothing can more contribute to his
sacred honnour, than that such articles as are con
cluded and agreed on, in all treaties of peace,
should by all his Majesties subjects, according to
their duty, be most inviolably preserved and kept,
in and over all his Majesties dominions and terri
tories ; and whereas not only against such treaties
of peace, made by his Majesty with his allies, but
also contrary to his Majesties Royall Proclamation,
severall of his subjects have and do continually
go off from this colony into foreign Princes ser.
vices, and sail under their commissions, contrary
to their duty and good allegiance, and by fair
meanes cannot be restrained from so doing,
13*

150 , Letter from Charles II.
Be it therefore enacted by  and
it is hereby enacted by the authority of the same,
that from and after publication hereof, it shall be
fellpny for any person, which now doth, or within
four years last past, heretofore hath, or hereafter
shall inhabitt or belong to this colony, to serve in
America, in a hostile manner, under any foreign
Prince, State or Potentate, or any imployed under
any of them, against any other foreign Prince,
State or Potentate, in amity with his Majesty,
without special lycense for so doing, under the
hand and seal of the Governour or Commander-
in-chief of this colony, for the time being, and that
all and every offender or offenders, contrary to
the true intent of this act, being thereof duly con
victed in any of his Majesties Courts of Judicature
within this colony : To which Court authority is
hereby given to hear and determine the same, as
in other cases of fellony, shall suffer pains of death
without the benefitt of the clergy : Provided nev
ertheless, that this act, nor any thing therein con
tained, shall extend to any person or persons,
which now are, or have been in the service orim-
ployment of any forreign Prince, State or Poten
tate whatsoever, that shall return to this Colony
and leave and desert such service and employment
before the first day of January next ensuing, ren
dering themselves to the Governour or Comman
der in Chief for the time being, and giveing him
such security as he shall appoint for their future
good behaviour ; and also that they shall not de
part this Colony without the Governours leave.
And for the better and more speedy execution
of Justice upon such, who having comitted Trea
sons, Piracies,' Fellonies and other offences upon
the sea, shall be apprehended in, or brought Pris
oners to this Colony ; be it further enacted, by the

Letter from Charles II. 151
authority aforesaid, that all Treasons, Fellonies,
Piracies, Robberies, Murthers or confederacies
comitted, or that shall hereafter be comitted upon
the Sea, or in any Haven, Creek or Bay, shall be
inquired, tryed, heard, determined and judged with
in this Colony, in such like forme, as if such of
fence had been comitted in and upon the land ; and
to that end and purpose comissions shall be had
under the Kings great Seal of this Colony, direct
ed to the Judge or Judges of the Admiralty of this
Colony for the time being, and to such other sub-
stantiall persons, as by his Majesties Governour or
Commander in Chief of this Colony for' the time
being, shall be named or appointed, which said
commissioners or such quorum of them, as by such
commission shall be thereunto authorized, shall
have full power to do all things in and about the
inquiry, hearing, determining, adjudging and pun
ishing of any of the crimes and offences aforesaid,
as any comissioners to be appointed under the
great Seal of England, by vertue of a Statute
made in the twenty eighth year of the Reign of
King Henry 8th, are impowered to do and exe
cute within the Kingdom of England ; and that
the said offenders which are, or shall be appre
hended in, or brought prisoners to this Colony,
shall be lyable to such order, process, judgments
and executions, by vertue of such comission to be
grounded upon this act, as might be awarded or
given against them, if they were proceeded against
within the Realm of England, by vertue of any
comission, grounded upon the said Stattute, And
all tryalls hereafter had against criminall or crim
inals before any Judge or Judges, by vertue of
such comission or authority at any time hereto
fore granted, and all proceedings thereupon are
hereby ratified, confirmed and adjudged lawfull,

152 Letter from Charles II.
and all such Judges, with all and every the inferi-
our officers that have acted thereby, are hereby
indemnified to all intents and purposes whatsoev
er, and in case they or any *of them shall at any
time hereafter be s'ued, vexed, molested or troub-
len for any such their proceedings as aforesaid, he
or they so sued, vexed or molested, shall, plead the
general issue, and give this act in evidence. Any
Law, Statute or custome or usage to the contrary
in any wise notwithstanding.
And be it further enacted by the authority afore
said, that all and every person or persons that
shall any way knowingly, entertain, harbour, con
ceal, trade or hold any correspondence by letter or
otherwise, with any person or persons, that shall
be deemed or adjudged to be Privateers^ Pirates
or other offenders within the construction of this
act, and that shall not readily endeavour, to the
best of his or their power to apprehend or cause
to be apprehended such offender or offenders, shall
be liable to be prosecuted as accessaries or con
federates, and to suffer such pains and penalties
as in such case by law is provided. And for the
better and more effectuall execution of this act.
Be it further enacted by the authority aforesaid,
that all comission officers in their severall precincts
within this Colony, are hereby required and im
powered, upon his or their knowledge, or notice
given, that any Privateers, Pirates or other per
sons suspected to be upon any unlawfull designe,
are in any place within their respective precincts,
to raise and levy such a number of well armed
men, as he or they shall think needfull for the sei-
zmg upon, binding and carrying to Goal, all and
every such person or persons ; and in case of any
resistance or refusall to yield obedience to his Ma
jesties authority, it shall be lawfull to kill or de-

Commission to Edward Cranfield and others. 1 53
stroy such person or persons, and all and every
person or persons, that shall oppose or resist by
strikeing or fireing upon any of the comanded
parties, shall be deemed, taken and adjudged as
fellons without benefitt of the Clergy ; and every
such officer that shall omitt or neglect his duty
therein, shall forfeit fifty pounds currant money of
this Colony for every such offence, to be recover
ed in any of his Majesties Courts of Record with
in this Colony, by bill, plaint or information, where
in no Essoigne, wager of Law or protection shall
be allowed, one moiety thereof to be to our Sov
reigne Lord the King, his heirs and successors for
and towards the support of the government of this
Colony, and the contingent charges thereof; and
the other moiety to the informer, and all and eve
ry person or persons that, upon orders given him
or them, shall refuse to repair immediately, with
his or their arms well fixed, and ammunition, to
such place or places as shall be appointed by the
said officer, and not readily obey his comands in
the execution of the premises, shall be liable to
such fine or corporall punishment as by a Regi-
mentall Court Marshall, shall be thought fitt.

His Majesties Commission to Edward Cranfield
and others, for examining the several claims and
titles to the Narraganset country.
Charles R,
Charles the second by the Grace of God, King
of England, Scottland, France and Ireland, defen-

154 Commission to Edward Cranfield and others.
der of the faith &c. To our trusty and well be
loved Edward Cranfield Esqr, our Lieut, Govern
our and Commander in Chief of New Hampshire,
and to William Stoughton, Joseph Dudley, Ed
ward Randolph, Samuel Shrimpton, John Fitz
Winthrop, Edward Palmes, John Pynchon Junior,
and Nathaniel Saltonstall Esqrs, Greeting. —
Whereas for the quieting of all disputes that have
arisen concerning the right of propriety to the
Jurisdictionand soyle of a certain tract of land
within our Dominion of New England, called the
Kings Province, or Narraganset country, we have
thought fitt to cause strict enquiry to be made into
the severall titles and pretensions ¦which are claim
ed or challenged thereunto ; know ye therefore
that we reposeing especiall trust and confidence
in the prudence, fidelity, and circumspection of
you the said Edward Cranfield, William Stough
ton, Joseph Dudley, Edward Randolph, Samuel
Shrimpton, John Fitz Winthrop, Edward Palmes,
John Pinchon, Nathaniel Saltonstall, have assign
ed, ordamed, constituted and appointed, and do by
these presents, assign, ordain, constitute and ap
point you the said Edward Cranfield, William
Stoughton, Joseph Dudley, Edward Randolph,
Samuel Shrimpton, John Fitz Winthrop, Edward
Palmes, John Pinchon Junior, and Nathaniel Sal
tonstall, to be our Commissioners for examining
and enquiring into the respective claims and titles,
as well of our self, as of all persons or corpora
tions whatsoever, to the immediate Jurisdiction,
Government or propriety of the soyle of, or with
in our Province, commonly called the Kings Prov
ince, or Narraganset country, authorizing and im-
powering you, or any three of you, (whereof Ed
ward Cranfield or Edward Randolph aforesaid,
shall be of the Quorum,) to examine and enquire

Warrant for William Kelso. 155
into the severall titles abovementioned, and to sum
mon and call before you any person or persons,
and to search Records as you shall find requisite
for your information in this behalf, as also to take
examinations upon oath, (which the Governours
or Magistrates under whose respective Jurisdic
tion you shall meet, are hereby required and direct
ed to administer unto such person or persons,
whom you shall so think fitt to call before you) for
clearing of truth in the cases abovementioned ;
and your proceedings herein, with your opinions
upon the matters that shall be examined by you,
you are to state and report unto us with all conve
nient speed, to the end we may upon a finall de
termination in our Privy Councill, cause impartiall
justice to be don and executed where it shall ap
pear to belong. And so we bid you farewell —
From our Court at White Hall, the seventh day
of Aprill, in the five and thirtieth year of our
Reigne. By his Majesties command.
SUNDERLAND.
Aprill 7th, 1683.

A Warrant for the apprehension of William Kelso.
To Hartford Constables-^
Whereas his Majestie Charles the 2d of Eng
land, Scotland, France and Ireland, King, Defend
er of the fayth &c., by his Royall Letters, dated
the 30th of September 1682, hath commanded
that forthwith, search be made after one Wm.
Kelso, whoe of late hath been chirurgeon of the

156 Warrant for William Kelso.
ship Ann and Hester, whoe is suspected to be
guilty of being concerned in the late Rebellion in
Scotland, and of the death of the Arch Bishop of
St. Andrews, and that the sayd Wm, Kelso be
apprehended and sent over to England by the
first ship bound thither.
These are therefore, in his Maj'ties name to will
and require you forthwith upon sight hereof, to
make dilligent search for the sayd Wm. Kelso,
throughout your liberties, and on board any ships
or vessells in your Harbour, and if you can find
him, you are to seize him and in safe custody to
convey him to the common Goale in Hartfoi'd,
there to be secured, till he may be disposed of ac
cording to his Ma'ties pleasure in his said Letters
expressed ; hereof you are not to fayle at your
perill. JOHN ALLYN, Secretary,
Hartford, June 15th, 1683,
According to this Warrant, we have made
search throughout the liberties of this Towne of
Hartford, for the sayd Wm, Kelso above mention
ed, and cannot find nor hear of him, June 19th,
1683.
By JOHN SHEPARD,
JOHN PRATT,
Constables of Hartford.

Letter from Dufce Hamilton. 157

Edward Randolph's Letter of Attorney from Will
iam Duke Hamilton, <^c.
Know all men by these presents, that wee Will
iam, Duke of Hamilton, and Ann, Dutchess of
Hamilton, and James, Earle of Aran, Son and
Heir to the said William and Ann, and Grand-
Child to James, Marquess of Hamilton, all of the
Kingdome of Scotland, have and hereby do joint
ly and severally constitute and appoint Edward
Randolph of Boston, New England, Esqr, our law-
full Attorney for uss, and in our names and use to
ask, and demand and sue for all Lands and Is
lands, Houses and tenements lying and being in
the Colony and Plantation of New England ; with
full power to sue for and recover all Right, Title
and Interest that wee or any of uss have, or may
have to the said Lands, Islands, Houses and tene
ments. And wee do further impower our said
Attorney to act in, and manage all matters rela
ting to the recovery and quiet enjoyment of the
said Lands and premises. And wee do further
impower our said Attorney to make and consti
tute one or more Attorney or Attorneys, and at
pleasure to revoake any or all of them ; giving
and granting to our said Attorney, and his substi
tute or substitutes, full power and authority, to do
and conclude all other acts and things needfull to
be don, in and about the Premises, in as full and
as ample manner as if we, or any of us were per
sonally present, ratifieing and confirming all and
whatsoever our said Attorney shall doe or cause to
be don in and about the premises, by vertue of
these presents. In witness whereof, we the said
William, Ann and James, have hereunto sett our
14

158 Report of Commissioners,
hands and Seals, at Hamilton, in Scotland, the six
teen, and London the 30, days of July, 1683.
HAMILTON, |~|
HAMILTON, 12
ARAN. f T
#~#
In the presence of
Ja. Hamilton,
Da. Crauford,
Witnesses to the Duke and Dutchess Signing.
And in presence of
Robert Meldvinn,
William Hamilton,
Witnesses to the Earle of Aran, Signing and
Seahng.

The Report of his Majesties Commissioners to
King, concerning the Duke Hamilton's claim.
As a further addition to our report, we humbly
offer that since the close of your Majesties Com
ission, Mr. Edward Randolph ariving and signify
ing his power in behalf of his Grace the Duke of
Hamilton, to make claime to the Kings Province
or Narragansett country, wee have again convee-
ned and summoned so many of the proprietors as
could in so short a time assemble, and in their
presence and hearing have read a copy of the
Dukes Deed, and heard Mr, Randolphs pleas and

Reply to Duke Hamilton's Petition. 159
improvements thereon and finde it takes in some
part of the said Province or Narraganset country,
and have also received the answer and defence of
said proprietors, which we herewith humbly
transmitt and submitt to your Majesties consider
ation, and have also ordered copies of the Dukes
deed and proprietors pleas to be sent to the colony
of Connecticut, to the end they may have oppor
tunity by the first conveyance to make their an
swer and defence before your Majestie,
EDWARD CRANFIELD.
November 19th, 1683.

The reply made by the Governor and Council of
the Colony of Connecticut to Duke Hamilton's
Petition,That it appears not whether the coppie pre
sented, be drawn from a deed ratified by the
great Councill of Plymouth, according to the di
rection of their Charter, or whether from a rough
draught never sealed, the date being but a short
time before the dissolution of the Councill. But
if the Dukes deed were authentick, the ends aim
ed at, and propounded in the Kings Charter to
the Councill, and the consideration upon which all
their grants were founded, viz, propagating the
Gospell, and planting colonies to the inlargement
of his Majesties empire, have not been pursued
by the Duke, neither hath he made any purchase
from the natives, nor ever taken possession, or
made any legal claime, or notification of his pre
tentions.

160 Death of Charles II, SfC.
That we suppose the Lord say and Brooks
deed or Pattent, from the Councill of Plymouth,
bears date, Anno 1631, (or preceeds the Dukes,)
and includes great part of what is claimed by the.
Duke, That the Dukes pretentions being not known,
his Majestys subjects to the inlargement of his
empire, have purchased the natives right, and se
curity of his Majesties Letters Pattents to Connec
ticutt, and incouragement of his Gracious Letters
to the Colony, the Country hath been planted,
and with great expence improved, and that his
Majesties subjects have been engaged in and un
dergone a chargable and bloody warr, to secure
their right and expell the Heathen, the Duke the
mean while giving no aid nor any ways con
cerned. That the Dukes title, if his deed had been good,
failes by the Statute of Limitation, 21, Jac. 16, he
not pursueing his title in twenty years,
December, 1683,

A Letter from the Right Han, the Lords of the
Privy Council, with information of the death
of King Charles 2d, ^c.
After our hearty commendations : — It haveing
pleased Almighty God, this day to take to his
mercy, out of this troublesome life, our late Sove-
reigne Lord, King Charies of most blessed mem
ory, and thereupon his late Majesties only brother
and heir King James the second, being here pro
claimed, wee have thought fitt hereby to signifie

Death of Charles II, <^c, 161
the same unto you, with directions that with the
assistance of the Councill, and other the principall
officers and inhabitants of Connecticott, you pro-
claime his most sacred Majestie according to the
forms here inclosed, with the solemnities and cer
emonies requisite on the like occasions, and we
do further transmitt unto you, his Majesties most
Gracious Proclamation, signifying his Majesties
pleasure that all men being in office of Govern
ment at the desease of the late King, his Majesties
most dear, and most intirely beloved brother,
shall so continue as duering his late Majesties life,
untiil his Majesties pleasure be further known ;
which we do in hke manner will and require you
forthwith to cause to be proclaimed and published
in the chief place or places within your Jurisdic
tion, and so not doubting of your ready comply
ance herein, wee bid you heartily farev/ell.
From the Councill Chamber in White Hall, the
sixth day of February, 1684,
Your very loving friends,
M, CANT, DARTMOUTH,
GUILFORD, J, ERNLE,
PETERBOROW, HALLIFAX, C, P, S.
CERA VEN, BEAUFORT,
AILESBURY, HUNTINGDON,
MIDDLETON, J. BRIDGEWATER,
ROCHESTER, L. JENKINS,
CHESTERFIELD, JOHN NICHOLAS,
CLARENDON.
To our very loveing friends, the Governour of
his Majesties Colony of Connecticott, in New
England, in America, pr Wilham Lord.
14*

162 Letter from Sir Lionel Jenkins.
A Letter from Sir Lionel Jenkins, one of his Ma
jesties Secretaries of State.
' White Hall, March 25th, 1684.
Sir — His Majesty having thought fitt to issue
out his Royall Proclamation, forbidding his sub
jects to enter into the service of Forreign Princes
and States, and other prohibitions and directions
therein contained, relating to the newtrality that
he thinks fit to be observed by his subjects, in this
time of hostility between his neighbour Princes ;
I am commanded by his Majestie to send you the
enclosed copy, and to signifie his pleasure that it
be duly and speedily published within his Majes
ties Colony under your Government, and that you
take care that it be punctually observed and exe
cuted ; whereof his Majesty will expect from you
an account which I shall desire you to transmitt
to me with the first conveniency.
So I remain Sir, your very Humble Servant,
L. JENKINS.
To the Governour of his Majesties Colony of
Connecticut, in New England, in America.

Lists of the Colony. 163

A Generall Court in Hartford, the second Thurs
day of September, being 9th day, 1652.
The Estates and persons of the severall Townes,
presented to this Court, were as followeth : —
Hartford, £19,733 19s.
Windsor, 14,093 00
Wethersfield, 11,499 00
Farmington, 5,164 00

50,489 19

Saybrook, £3,630 00s,
Stratford, 7,040 19
Fayrfield, 8,850 15

19,521 14
50,489 10

Total, £70,011 13s,

A Generall Court held at Hartford, October 9th,
1684,
The Persons and Lists of the Estates of the
Colony, Number of Taxable Persons.

250

Hartford,

£16,730 00s,

65

Stonington,

5,451 00

43

Kenilworth,

2,386 00

120

Stratford,

7,892 00

184

Fayrfield,

10,302 00

61

Walhngford,

2,967 00

97

Stanford,

4,855 00

164 Address to James II.
88 Norwake, £5,145 00s.
62 Woodbury, 2,580 00
96 Farmington, 6,315 00
204 Wethersfield, 12,715 00
240 Windsor, 14,045 00 -
86 Saybrook, 5,125 00
268 New Haven,* 13,127 00
96 Guilford, 6,208 00
50 Branford, 2,911 00
53 Lyme, 3,563 00
50 Greenwich, 2,364 00
130 Midleton, 5,279 00
150 Milford, 9,205 00
115 Norwich, 6,265 00
43 Haddum, 1,828 00
2551 Total, £147,258 00 or
$490,860.

Copy of an Address to his Majesty, James the
second.
To the most high and mighty Prince, James the
second, by the Grace of God, of England, Scot
land, France and Ireland, Defender of the Fayth,
Supreme Lord of the Plantation and Colony of
Conecticut in Naw England, and all other your
Ma'ties Territories and Dominions.
The humble address of your Ma'ties Governo'r
* New Haven and the towns which follow, were a sepa-
rate and distinct Colony until 1664, when they became uni
ted with the Colony of Connecticut.

Address to James II. 165
and Councill of your Colony of Conecticut in
New England, Humbly sheweth :
That your Ma'ties most Loyall, and dutifull sub
jects haveing received from the Right Hon'ble
Lords a Letter dated at White Hall, sixth day of
February, 1684, signifying the death of o'r late
Sovraigne Charles the second of blessed memory,
which we doe heartily condole, as allso an order
for the proclamation of your Royall Ma'tie, King
of England, Scotland, France and Ireland, Defen
der of the Fayth &c,, which we have readily and
heartily attended and proclaymed this day in a
solemne manner in the head towns of our Colony,
with acclamations of joy and affection, followed
with o'r prayers to Almighty God, (by whom
Kings Reigne,) to bless your Ma'tie with long life
and a happy Reigne, for the Glory of God, and
the good of all your Ma'ties subjects.
Humbly beseeching your most excellent Ma'tie
to grant the benigne shines of your favour to this
your poore Colony of Conecticutt, in the contin
uance of the hberties and properties granted to us
by o'r late Soveraigne Charles the second, of bles
sed memorie, and that we may be encouraged in
our small beginings, and live under your Royall
shadow, a quiet and peaceable hfe, in all Godly-
ness and honesty, who are your Ma'ties Loyall,
dutifull and obedient subjects, the Governo'r and
Councill of your Ma'ties Colony of Conecticutt,
ROBERT TREAT, Gov'r,
By order of the Councill,
JOHN ALLYN, Secret'ry.
Hartford, Connecticutt, Aprill 22d, 1685.

166 Address to James II.

Hon'ble Sr —
The Right Hon'ble Lords of the Councills Let
ter of the 6th of February past, we received by
our Governo'r upon the 19th day of this month,
who thereupon repayred to this place, and called
bis Councill forthwith, who according to their Hon-
o'rs direction, ordered that his Ma'tie, James the
second be proclaymed King of England, Scotland,
France and Ireland, which was accordingly atten
ded, and order is taken that his Ma'tie be in hke
manner proclaymed in the other country towns of
this Colony forthwith, Sr, we take this opportu-
nety to return our hearty thankes to the Right
Hon'ble Lords, for their respect and favour to us
in granting us their orders and direction in the
afoars'd great affayre, requesting their Honours
good affection may be continued to us ; we re
quest you would be pleased to inforrfte their Lord
ships of our ready complyance, allso that you
would so far favour us as to present the inclosed
address to o'r Soveraigne Lord, King James the
second, and represent us to his Ma'tie, his most
Loyall and dutifull subjects.
Honourable Sr, we are your Hono'rs most af
fectionate Friends and Humble Servants, the
Gov'r and Councill of the Colony of Connecti
cutt,
ROBERT TREAT, Gov'r.
Pr order of the Councill, JOHN ALLYN Sec'ry.
Hartford, April 22d, 1685.
For the Hon'ble Sr Lyonell Jenkins — at White
Hall, Humbly presented.

Letter from James II. 167

A Letter from King James 2d, relating to an Im
position on Sugar and Tobacco, and concerning
the Duke of Monmouth, and Earll of Argyle,
James R.
Trusty and well beloved, wee greet you well,
as we cannot doubt of the ready and dutifull assu
rance and expressions of Loyalty and obedience
from our good subjects under your Government,
since our accession to the Crown, so we shall at
all times extend our Royall care and Protection
to them in the preservation of their jrights, and in
the defence and security of their persons and Es
tates, which we think fitt that you signifie unto the
inhabitants of our Colony, whereof you are Gov
ernour. As also that upon the meeting of our
Parliament they have for the repairs of our navy,
and for providing stores for our navy, and ord
nance and other important occasions chearfully
and unanimously given and granted unto us an
ayde and assistance to be raised and levied upon
all Tobacco and Sugar to be imported into this
our Kingdome, according to such rates, and duer
ing such time, and in such manner and iform as by
the said act herewith sent you is more particular
ly set forth, which imposition, as it is not laid on
the Planter or Merchant, but only on the Retailer,
consumptioner or Shopkeeper, we are well assur
ed will not be inconvenient or burthensome to our
subjects in America, But that on the contrary it
will be of great benefitt, credit and advantage to
them, by the enabling us the better to defend and
protect the navigation of this Kingdom, and the
trade of our Plantations, which cannot butt be of

168 Letter from James II.
great satisfaction and security to the inhabitants of
that our Colony,
We have likewise thought fitt to acquaint you
for the information of our subjects, under your
Government, that the peace and quiett of our
Kingdom of Scottland has received some disturb
ance from the Traiterous practices and rebellion
of the late Earle of Argyle, by his landing in the
west Highlands, with men and arms, but that it
has pleased God to deliver that Traitor, and his
rebellious followers into our hands, so that upon
seizing his ships and arms and materialls of warr,
and defeating the multitude he had gathered to
gether ; he is now secured in our Castle of Edin
burgh in order to his execution, whereby the
peace of that Kingdom is perfectly re-establisht,
and our forces there, ready and at leisure to
receive and obey such orders as our service shall
require elsewhere.
Wee are likewise pleased to inform you, that
the late Duke of Monmouth, since attainted of
Treason is in the same Traiterous and rebellious
manner landed in the western parts of this king
dom, and with a number of men of the lowest de
gree, and many of them unarmed, has given
disquiet to those parts, but by the care we have
taken in sending thither a sufficient number of our
standing forces, of horse, foot, and Dragoons, who
are now in pursuit of him, we are expecting to
hear of the totall defeat of that traitor and his
accomplices, and we being at the same time per
fectly assured of the constant and undoubted fidel
ity of the Nobility and Gentry, as well as of the
militia of this kingdom, and having for the better
confirmation of the peace and tranquility of our
dominions, ordered such other new levys of horse,
foot, and dragoons, as will be requisite. We can-

Address to James II. 160
not faile by the blessing of God, of «, happy issue
and success in our affairs. All which we have
.thought fitt to intimate unto you for the prevent'-
ing any false rumours or reports, which might be
spread amongst our subjects at that distance, by
the malicious and traiterous insinuations of ill men,
and so we bid you farewell.
Given at our Court, at White Hall, the 26th day
of June, 1685, in the first year of our Reigne,
By his Majesties Command,
SUNDERLAND,
To our trusty and well beloved, the Governour
of our colony of Connecticott, in New England,
in America,

Copy of an Address to his Majesty James It,
To the most high and mjghty Prince James the ,
second, of England, Scotland, France and Ireland,
King defender of the Faythe, &c. —
The humble petition and addresse of your Loy
all subjects the Governor and company of your
Ma'ties colony of Connecticut, humbly sheweth —
That whereas we are informed that there is a
Quowarranto emitted against this your IMa'ties
colony of Connecticutt, not yet come to our sight,
we have taken this opportunity to prostrate our
selves upon our bended knees at your Ma'ties feet,
most humbly beging your Ma'tie out of your
great compassion and princely Grace, freely to
pardon and remit all such mistakes or faylures in
15

170 Address to James II.
our management of that power and trust of Gov
ernment comitted to us, (which, on the first inti
mation we are ready to reforme,) in and by his
late Ma'tie of blessed memory, Charles the second,
by his Royall Grant to us, bearing date Aprill
twenty third, in the fourteenth year of his Reigne,
and graciously continued by your Ma'ties Procla
mation, have proceeded rather from want of a
right understanding in law then otherwise. And
that your Ma'tie would Graciously be pleased to
continue this your Ma'ties colony, happy in the
full and free injoyment of olir liberties and prop
erties as formerly ; and by your Royall com
mand recall the writ of Quowaranto foremen
tioned. For may it please your Ma'tie though we are a
poore, yet a Loyall people, very unwilhng to do
any thing which may be unpleasant to our Sove
raigne, for we are resolved through assistance of
Allmighty God, to approve ourselves your Ma'ties
dutifull subjects, as we have been to your Ma'ties
Royall predecessors, which (if we mistake not) to
our comendation was asserted by our late Sove
raigne your Ma'ties most dear brother.
Dread Soveraigne, we humbly beg and earnest
ly beseech your Ma'tie to continue us an intire
Province or Government within our known
bounds and colony limits, which we conceive will
be most for the profit and health of your Ma'ties
subjects here inhabiting, and the contrary no doubt
will be very prejudicial to them, which may
easily be evinced by good reason, and therefore
hope to obteyne your Ma'ties favour and protec
tion therein.
Great Sr, we desire and humbly pray your
Ma'ties favour, that we may still be confirmed in.

' Letter from Ri : Normansell. 171
and enjoy our Christian Liberties without any
interruption from any other.
Most Gracious Sovraigne, we beseech your
Ma'tie we may find grace in your sight and receive
a gracious answer to this our humble addresse,
that we may experiance that in the light of the
Kings countenance is life, and his favour is as the
cloud of the latter reigne, and we shall not cease to
pray the God of heaven, who is the King of Kings,
to save, bless and prosper your Ma'tie,
We are your Ma'ties Loyall and dutifull sub-
jects, the Governor and Company of your colony
of Conecticutt,
J. A,, S,

A Letter from the Hon. Ri : Normansell, with
a writ of Quo-Warranto.
London, October the 26th, 1686,
Gentlemen : —
This day was dehvered to my hands (as I am
secondary to the Sheriffs of London,) a Writ of
Quo-Warranto, issueing out of the Crown office
of the Court of Kings Bench, at Westminster,
against you, the Governour and Company of the
English Colony of Connecticutt, in New England,
in America, requiring your appearance before his
Majestie, wheresoever he shall then be in England,
in eight days of the purification of the blessed
virgin Mary, to answer unto our Lord the King,
by what warrant you claime to have and use
divers liberties, priviledges and franchises, within

172 Demand of Charter of Connecticut.
the said Colony (viz,) in the Parish of St, Micha-
ell, Cornhill London, of which you are impeacht.
And that you may not be ignorant of any part of
the contents of the said writt, I have enclosed,
sent you a true copee of the same, (in his Majes
ties name,) requireing your appearance to it, in
default whereof the liberties, priviledges and fran
chises you claime, and now enjoy, will be forfeit
ed to the King, and your Charter made void — of
this Gent, please to take notice. From your Hum
ble Servant, (unknown)
RI : NORMANSELL.
These to the Governour and Company of the
Enghsh Colony of Connecticutt, in New England,
in America,

At a meeting of the Generall Court held at Hart
ford, 1687,
Sundry of the Court desired that the Patent or
Charter might be brought into the Court, the Sec
retary sent tor it and informed the Governo'r and
Court that he had the Charter and shewed it to
the Court, and the Gov'r bid him put it into the
Box again and lay it on the Table and leave the
Key in the Box, which he did forthwith.*
* Although not particularly mentioned, this appears to
have been the time when the Charter of Connecticut was
seized, conveyed away and secreted. Sir Edmund Andross
and suit, guarded by a body of regular troops having arrived
in Hartford, Sir Edmund peremptorily demanded the surren
der of the Charter to. hinx. The Go.veniQr of the Colony,

TMm (smAmTmm, ®,i\i;r

-¦./i. <'.'¦,'' !r/,://,„u,. ,1 ,

Demand of Charter of Connecticut. 173
October 31, 1687.
His Excellency ,Sir Edmund Andross, Knt,
Capt. Generall and Govn'r of his Majesties Ter-
ritorie and Dominions in New England, by order
from his Ma'tie James the second. King of Eng
land, Scotland, France and Ireland, the 31 of Oc
tober, 1687, took into his own hands the Govern
ment of this Colony of Connecticott, it being by
his Ma'tie annexed to the Massachusetts and other
Colonys under his Excellencies Government, —
Finis,

fearing if he surrendered it, one less liberal would be given
the Colony, or rather none at all, which caused much de-
bate and kept in suspense until evening, and lighting of can
dles. At a concerted signal, the lights were instantly extin.
guished, and Capt. William Wadsworth of Hartford, a bold
and daring man, (whose posterity reside in this city) in.
stantly seized the Charter, carried off and secreted it in the
hollow of a large Oak Tree, in front of the dwelling house of
the Hon Samuel Wyllys in this city. And though about
150 years has expired since this event, the Charter Oak, as
it has ever since been called, is yet standing and in a flour
ishing condition, and is often visited, by strangers and travel
ers as having been the safe receptacle of the old Charter. —
The premises are now owned and occupied by a Mr. Ste
phen Bulkley, who loving his leisure, more than to gratify the
curiosity of strangers, forbids their trespasses upon his lands
to view the ancient Oak. After the Charter was safe, the
candles were immediately re-lighted, but the Charter was
not to be found. Sir Edmund assumed the administration of
the Government of the Colony, which he continued to ad
minister for nearly two years in an oppressive manner, until
the accession to the English Throne of William and Mary,
in 1688, and the seizure and confinement of Sir Edmund
and his Council by the people of Boston, which changed the
complexion of affairs in the Colony. And upon the 9th
day of May, 1689, Gov. Treat and the former Magistrates,
resumed the Government of the Colony under the Charter,
which had securely remained in the tree until this time,
with no other irijury than a very little discoloration — which is
now in this office nearly as perfect as when first sent to the
Colony, in 1662 — a copy of which is hereunto annexed.
15*

174 Charter of 1662.

The Charter of the ancient Colony of Connecticut.
Charles the second, by the grace of GOD, King
of England, Scotland,, France and'-Ireland, defen.
der of the faith, «Sz;c, To all to whom these pres.
ents shall come, Greeting,
Whereas by the several navigations, discove
ries and successful plantations of divers of our
loving subjects of this our realm of England, sev
eral lands, islands, places, colonies and plantations
have been obtained and settled in that part of the
continent of America, called New England, and
thereby the trade and commerce there, hath been
of late years, much increased: And whereas we
have been informed by the humble petition of our
trusty and well beloved John Winthrop, John Ma
son, Samuel Wyllys, Henry Clarke, Matthew Al
lyn, John Tapping, Nathan Gold, Richard Treat,
Richard Lord, Henry Wolcott, John Talcott, Dan
iel Clarke, John Ogden, Thomas Wells, Obadiah
Bruen, John Clarke, Anthony Hawkins, John
Doming, and Matthew Camfield, being persons
principally interested in our colony or plantation
of Connecticut, in New England, that the same
colony, or the greatest part thereof was purchased
and obtained for great and valuable considerations,
and some other part thereof gained by conquest,
and with much difficulty, and at the only endeav
ours, expence, and charges of them and their asso-
ates, and those under whom they claim, subdued
and improved, and thereby become a considerable
enlargement and addition of our dominions and
interest there.
Now Know ye, That in consideration thereof,
and in regard, the said colony is remote from oth
er the English plantations in the places aforesaid,

Charter of 1662. 175
and to the end the affairs and business which shall
from time to time happen to arise concerning the
same, may be duly ordered and managed, we have
thought fit, and at the humble petition of the per
sons aforesaid, and are graciously pleased to cre
ate and make them a body politic and corporate,
with the powers and privileges herein after men
tioned; and accordingly our will and pleasure is,
and of our especial grace, certain knowledge, and
mere motion, we have ordained, constituted and
, declared, and by these presents, for us, our heirs
and successors, do ordain, constitute and declare,
that they the said John Winthrop, John Mason,
Samuel Wyllys, Henry Clarke, Matthew Allyn,
John Tapping, Nathan Gold, Richard Treat, Rich
ard Lord, Henry Wolcott, John Talcott, Daniel
Clarke, John Ogden, Thomas Wells, Obadiah Bru
en, John Clarke, Anthony Hawkins, John Doming,
and Matthew Camfield, and all such others as now
are, or hereafter shall be admitted and made free
of the company and society of our colony of Con
necticut, in America, shall from time to time, and
for ever hereafter, be one body corporate and po
litic, in fact and name, by the name of Governour
and company of the English colony of Connecti
cut in New England, in America ; and that by
the same name, they and their successors shall and
may have perpetual succession, and shall and may
be persons able and capable in the law, to plead
and be impleaded, to answer and to be answered
unto, to defend and be defended in all and singu
lar suits, causes, quarrels, matters, actions and
things, of what kind or nature^ soever ; and also
to have, take, possess, acquire, and purchase lands,
tenements, or hereditaments, or any goods, or chat
tels, and the same to lease, grant, demise, alien,
bargain, sell, and dispose of, as other our hege

176 Charter of 1662.
people of this our realm of England, or any oth
er corporation or body politic within the same may
lawfully do.
And further. That the said Governour and com
pany, and their successors, shall and may for ever
hereafter have a common seal, to serve and use
for all causes, matters, things, and affairs whatso-,
ever, of them and their successors, and the same
seal, to alter, change, break, and make new from
time to time, at their wills and pleasures, as they
shall think fit.
And further, We will and ordain, and by these
presents, for us, our heirs and successors, do de
clare and appoint. That for the better ordering
and managing of the affairs and business of the
said company and their successors, there shall be
one Governour, one Deputy-Governour, and twelve
Assistants, to be from time to time constituted,
elected and chosen out of the freemen of the said
company for the time being, in such manner and
form as hereafter in these presents is expressed,
which said officers shall apply themselves to take
care for the best disposing and ordering of the
general business and affairs of and concerning the
land and hereditaments herein after mentioned to
be granted, and the plantation thereof, and the
government of the people thereof: And for the
better execution of our royal pleasure herein, we
do for us, our heirs, and successors, assign, name,
constitute and appoint the aforesaid John Win
throp to be the first and present Governour of the
said company, and the said John Mason, to be the
Deputy-Governour, and the said Samuel Wyllys,
Matthew Allyn, Nathan Gold, Henry Clarke,
Richard Treat, John Ogden, John Tapping, John
Talcott, Thomas Wells, Henry Wolcott, Richard
Lord and Daniel Clarke, to be the twelve present

Charter of 1662 177
Assistants of the said company, to continue in the
said several offices respectively, until the second
Thursday, which shall be in the month of October
now next coming.
And further. We will, and by these presents for
us, our heirs, and successors, do ordain and grant.
That the Governour of the said company for the
time being, or in his absence by occasion of sick
ness, or otherwise by his leave or permission, the
Deputy-Governour for the time being, shall and
may from time to time upon all occasions, give or
der for the assembling of the said company, and
calling them together to consult and advise of the
business and affairs of the said company, and that
for ever hereafter, twice in every year. That is to
say, on every second Thursday in October, and
on every 2d Thursday in May, or oftener in case it
shall be requisite ; the assistants, and freemen of
the said company, or such of them (not exceed
ing two persons from each place, town or city)
who shall be from time to time thereunto elected
or deputed by the major part of the freemen of the
respective towns, cities, and places for which they
shall be elected or deputed, shall have a general
meeting, or assembly, then and there to consult
and advise in and about the affairs and business of
the said company : and that the Governour, or in
his absence the Deputy-Governour of the said
company for the time being, and such of the as-
sistants and freemen of the said company as shall
be so elected or deputed, and be present at such
meeting or assembly, or the greatest number of
them, whereof the Governour or Deputy-Govern
our, and six of the assistants, at least to be seven,
shall be called the general assembly, and shall
have full power and authority to alter and change
their days and times of meeting, or general assem-

178 Charter of 1662,
blies, for electing the governour, deputy-govern-
our, and assistants, or otlier officers, or any other
courts, assembhes or meetings, and to choose,
nominate and appoint such and so many other
persons as they shall think fit, and shall be willing
to accept the same, to be free of the said company,
and body politic, an J them into the same to admit ;
and to elect and constitute such officers as they
shall think fit and requisite for the ordering, man
aging and disposing of the affairs of the said gov
ernour and company and their successors.
And we do hereby for us, our heirs and success
ors, establish and ordain. That once in a year for
ever hereafter, namely, the said second Thursday
of May, the governour, deputy-governour, and as
sistants of the said company, and other officers of
the said corrtpany, or such of them as the said ¦
general assembly shall think fit, shall be in the
said general court and assembly to be held from
that day or time, newly chosen for the year ensu
ing, by such greater part of the said company for
the time being, then and there present ; and if the
governour, deputy-governour, and assistants by
these presents appointed, or such as hereafter be
newly chosen into their rooms, or anyof them, or
any other the officers to be appointed for the said
company shall die, or be removed from his or
their several offices or places before the said gen
eral day of election, whom we do hereby declare
for any misdemeanor or default, to be removable
by the governour, assistants, and company, or
such greater part of them in any of the said pub
lic courts to be assembled, as is aforesaid, that
then and in every such case, it shall and may be
lawful to and for the governour, deputy-governour,
and assistants, and company aforesaid, or such
greater part of them so to be assembled, as is

Charter of 1662, 179
aforesaid, in any of their assemblies, to proceed to
a new election of one or more of their company,
in the room or place, rooms or places of such
governour, deputy-governour, assistant, or other
officer or officers so dying or removed, according
to their discretions, and immediately upon and
after such election or elections made of such Gov
ernour, deputy-governour, assistant or assistants,
or any other officer of the said company, in man
ner and form aforesaid, the authority, office and
power before given to the former governour,
deputy-governour, or other officer and officers so
removed, in whose stead and place new shall be
chosen, shall as to him and them, and every of
them respectively cease and determine.
Provided also. And our will and pleasure is.
That as well such as are by these presents ap
pointed to be the present governour, deputy-gov
ernour, and assistants of the said company, as
those that shall succeed them, and all other offi
cers to be appointed and chosen, as aforesaid,
shall, before they undertake the execution of their
said offices and places respectively, take their
several and respective corporal oaths for the due
and faithful performance of their duties in their
several offices and places, before such person or
persons as are by these presents hereafter ap
pointed to take and receive the same ; That is to
say. The said John Winthrop, who is herein be
fore nominated and appointed the present gov
ernour of the said company, shall take the said
oath before one or more of the masters of our
court of chancery for the time being, unto which
master of chancery, we do by these presents give
full power and authority to administer the said
oath to the said John Winthrop accordingly : and
the said John Mason, who is herein before nom-

180 Charter of 1662.
inated and appointed the present deputy govern
our of the said company, shall take the said oath
before the said John Winthrop, or any two of the
assistants of the said company, unto whom we do
by these presents give full power and authority to
administer the said oath to the said John Mason
accordingly: and the said Samuel Wyllys, Henry
Clarke, Matthew Allyn, John Tapping, Nathan
Gold, Richard Treat, Richard Lord, Henry Wol
cott, John Talcott, Daniel Clarke, John Ogden,
and Thomas Wells, who are herein before nom
inated and appointed the present assistants of the
said company, shall take the oath before the said
John Winthrop, and John Mason, or one of them,
to whom we do hereby give full power and au
thority to administer the same accordingly.. And
our further will and pleasure is. That all and
every governour, or deputy-governour to be elect
ed and chosen by virtue of these presents, shall
take the said oath before two or more of the as
sistants of the said company for the time being,
unto whom we do by these presents give full
power and authority to give and administer the
said oath accordingly ; and the said assistants,
and every of them, and all and every other officer
or officers to be hereafter chosen from time to
time, to take the said oath before the governour,
or deputy-governour for the time being, unto
which governour or deputy-governour, we do by
these presents give full power and authority to
administer the same accordingly.
And further, Of our more ample grace, certain
knowledge, and mere motion, we have given and
¦granted, and by these presents for us, our heirs
and successors, do give and grant unto the said
governour and company of the English colony of
Connecticut, in New England, in America, and to

Charter of 1662. 181
every inhabitant there, and to every person and
persons trading thither, and to every such person
and persons as are or shall be free of the said
colony, full power and authority from time to
time, and at all times hereafter, to take ship, trans
port and carry away for and towards the planta
tion and defence of the said colony, such of our
loving subjects and strangers, as shall or will wil
lingly accompany them in, and to their said colony
and plantation, except such person and persons,
as are or shall be therein restrained by us, our
heirs and successors ; and also to ship and trans
port all, and all manner of goods, chattels, mer
chandizes, and other things whatsoever that are
or shall be useful or necessary for the inhabitants
of the said colony, and may lawfully be transport
ed thither: Nevertheless, not to be discharged of
payment to us, our heirs and successors, of the
duties, customs and subsidies which are or ought
to be paid or payable for the same.
And further. Our will and pleasure is, and we
do for us, our heirs and successors, ordain, declare,
and grant unto the said governour and company,
and their successors, that all, and every the sub
jects of us, our heirs, or successors, which shall
go to inhabit within the said colony, and every of
their children, which shall happen to be born there,
or on the seas in going thither, or returning from
thence, shall have and enjoy all liberties and im
munities of free and natural subjects within any
of the dominions of us, our heirs or successors,
to all intents, constructions and purposes whatso
ever, as if they and every of them were born
within the realm of England ; and we do author
ize and impower the governour, or in his absence
the deputy-governour for the time being, to ap
point two or more of the said assistants at any of
16

182 Charter of 1662.
their courts or assemblies to be held as aforesaid,
to have power and authority to administer the
oath of supremacy and obedience to all and every
person and persons which shall at any time or
; times hereafter go or pass into the said colony of
Connecticut, unto which said assistants so to be
appointed as aforesaid, we do by these presents
give full power and authority to administer the
said oath accordingly.
And we do further, of our special grace, certain
knowledge, and mere motion, give and grant
unto the said governour and company of the
English colony of Connecticut, in New England,
in America, and their successors, that it shall and
may be lawful to and for the governour, or
deputy-governour, and such of the assistants of the
said company for the time being as shall be as
sembled in any of the general courts aforesaid, or
in any courts to be especially summoned or as
sembled for that purpose, or the greater part of
them, whereof the governour, or deputy-govern
our, and six of the assistants to be always seven,
to erect and make such judicatories, for the hear
ing and determining of all actions, causes, matters
and things happening within the said colony or
plantation, and which shall be in dispute, and de
pending there, as they shall think fit, and conven
ient, and also from time to time to make, ordain
and establish all manner of wholesome, and
reasonable laws, statutes, ordinances,_directions
and instructions, not contrary to the la'ws of this
realm of England, as well for settling the forms
and ceremonies of government, and magistracy,
fit and necessary for the said plantation, and the
inhabitants there, as for naming and stiling all
sorts of officers, both superior and inferior, which
they shall find needful for the government and

Charter of 1662. 183
plantation of the said colony, and the distinguish
ing and setting forth of the several duties, powers
and limits of every such office and place, and the
forms of such oaths not being contrary to the laws
and statutes of this our realm of England, to be
administered for the execution of the said several
offices and places, as also for the disposing and
ordering of the election of such of the said officers
as are to be annually chosen, and of such others
cis shall succeed in case of death or removal, and
administering the said oath to the new elected
officers, and granting necessary commissions, and
for imposition of lawful fines, mulcts, imprison
ment or other punishment upon offenders and
dehnquents according to the course of other cor
porations within this our kingdom of England, and
the same laws, fines, mulcts and executions, to
alter, change, revoke, annul, release, or pardon
under their common seal, as by the said general
assembly, or the major part of them shall be
thought fit, and for the directing, ruling and dis-
posing-of all other matters and things, whereby
our said people inhabitants there, may be so reli
giously, peaceably and civilly governed, as their
good life and orderly conversation may win and
invite the natives of the country to the knowledge
and obedience of the only true GOD, and the
Saviour of mankind and the Christian faith, which
in our royal intentions, and the adventurers free
possession, is the only and principal end of this
plantation; willing, commanding and requiring,
and by these presents for us, our heirs and suc
cessors, ordaining and appointing, that all such
laws, statutes and ordinances, instructions, impo
sitions and directions as shall be so made by the
governour, deputy-governour, and assistants as
aforesaid, and published in writing under their

184 Charter of 1662.
common seal, shall carefully and duly be observed,
kept, performed, and put in execution, according
to the true intent and meaning of the same, and
these our letters patents, or the duplicate, or ex-
emphfication thereof, shall be to all and every such
officers, superiors and inferiors from time to time,
for the putting of the same orders, lawSj statutes,
ordinances, instructions and directions in due exe
cution, against us, our heirs and successors, a suf
ficient warrant and discharge.
And we do further for us, our heirs and succes
sors, give and grant unto the said governour and
company, and their successors, by these presents,
that it shall and may be lawful to, and for the chief
commanders, governours and officers of the said
company for the time being, who shall be resident
in the parts of New England hereafter mention
ed, and others inhabiting there^by their leave, ad
mittance, appointment, or direction, from time to
time, and at all times hereafter, for their special
defence and safety, to assemble, martial-arraj', and
put in warlike posture the inhabitants of the said
colony, and to commissionate, impower, and au
thorize such person or persons as they shall think
fit, to lead and conduct the said inhabitants, and to
encounter, expulse, repel and resist by force of
arms, as well by sea as by land, and also to kill,
slay, and destroy by all fitting ways, enterprizes,
and means whatsoever, all and every such person
or persons as shall at any time hereafter attempt
or enterprize the destruction, invasion, detriment,
or annoyance of the said inhabitants of plantation,
and to use and exercise the law martial in such
cases only as occasion shall require; and to take
or surprize by all ways and means whatsoever, all
and every such person and persons, with their
ships, armour, ammunition and other goods of such

Charter of 1662. 185
as shall in such hostile manner invade or attempt
the defeating of the said plantation, or the hurt of
the said company and inhabitants, and upon just
causes to invade and destroy the natives, or other
enemiesiof the said colony.
Nevertheless, Our will and pleasure is, and we
do hereby declare unto all christian kings, princes,
and states, That if any persons which shall here
after be of the said company or plantation, or any
other by appointment of the said governour and
company for the time being, shall at any time or
times hereafter rob or spoil by sea or by land, and
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 prince or state being
then in league with us, our heirs or successors, up
on complaint of such injury done to any such
prince or state, or their subjects, we, our heirs and
successors will make open proclamation within
any parts of our realm of England fit for that
purpose, that the person or persons committing
any such robbery or spoil, shall within the time
limited by such proclamation, make full restitution
or satisfaction of all such injuries done or commit
ted, so as the said prince, or others so complain
ing may be fully satisfied and contented ; and if
the said person or persons who shall commit any
such robbery or spoil shall not make satisfaction
accordingly, within such time so to be limited, that
then it shall and may be lawful for us, our heirs
and successors, to put such person or persons out
of our allegiance and protection ; and that it shall
and may be lawful and free for all princes or oth
ers to prosecute with hostility such offenders, and
every of them, their, and every of their procur
ers, aiders, abettors and counsellolrs in that behalf
Provided also, And our express will and pleas-
16*

188 Charter of 1662,
ure is, and we do by these presents for us, our
heirs, and successors, ordain and appoint. That
these presents shall not in any manner hinder any
of our loving subjects whatsoever to use and exer
cise the trade of fishing upon the coast of New
England, in America, but they and every or any
of them shall have full and free power and hberty
to continue, and use the said trade of fishing upon
the said coast, in any of the seas thereunto adjoin
ing, or any arms of the seas, or salt water rivers
where they have been accustomed to fish, and to
build and set up on the WEiste land belonging to
the said colony of Connecticut, such wharves,
stages, and work-houses as shall be necessary for
the salting, drying and keeping of their fish to be
taken, or gotten upon that coast, any thing in these
presents contained to the contrary notwithstand
ing- And know ye further. That we, of our abun
dant gracCj certain knowledge, and mere motion,
have given, granted, and confirmed, and by these
presents for us, our heirs and successors, do give,
grant and confirm unto the said governour and
company, and their successors, all that part of our
dominions in New England in America, bounded
on the east by Narraganset River, commonly call
ed Narraganset Bay, where the said river falleth
into the sea ; and on the north by the line of the
Massachusetts plantation ; and on the south by the
sea; and in longitude as the line of the Massachu
setts colony, running from east to west, that is to
say, from the said Narraganset Bay on the east,
to the south sea on the west part, with the islands
thereunto adjoining, together with all firm lands,
soils, grounds, havens, ports, rivers, waters, fish
ings, mines, minerals, precious stones, quarries,
and all and singular other commodities, jurisdic-

Charter of 1662. 187
tions, royalties, privileges, franchises, pre-eminen
ces and hereditaments whatsoever, within the said
tract, bounds, lands and, islands aforesaid, or to
them or any of them belonging.
To have and to hold the same unto the said
governour and company, their successors and as
signs for ever, upon trust, and for the use and ben
efit of themselves and their associates, freemen of
the said colony, their heirs and assigns, to be hol
den of us, our heirs and successors, as of our
manor of East Greenwich, in free and common
soccage, and not in capite, nor by knights service,
yielding and paying therefore to us, our heirs and
successors, only the fifth part of all the ore of gold
and silver which from time to time, and at all
times hereafter, shall be there gotten, had, or ob
tained, in lieu of all services, duties and demands
whatsoever, to be to us, our heirs, or successors
therefore, or thereout rendered, made, or paid!
And lastly. We do for us, our heirs and succes
sors, grant to the said governour and company,
and their successors, by these presents. That these
our letters patents, shall be firm, good and effec
tual in the law, to all intents, constructions, and
purposes whatsoever, according to our true in
tent and meaning herein before declared, as shall
be construed reputed and adjudged most favoura
ble on the behalf, and for the best benefit, and be
hoof of the said governour and company, and
their successors,' although express mention of the
true yearly value or certainty of the premises, or
anyof them, or of any other gifts or grants by
us, or by any of our progenitors, or predecessors,
heretofore made to the said governour and compa
ny of the English colony of Connecticut, in New
England, in America, aforesaid, in these presents
is not made, or any statute, act, ordinance, provis-

188 Address to King William.
ion, proclamation, or restriction heretofore had,
made, enacted, ordained, or provided, or any oth
er matter, cause, or thing whatsoever, to the con
trary thereof, in any wise notwithstanding.
In witness whereof. We have caused these our
letters to be made patents. Witness ourself at
Westminster, the three and twentieth day of April,
in the fourteenth year of our reign, [1662,]
By writ of Privy Seal,
HOWARD,

Copy of an Address to King William.
To the most high and mighty Prince William,
by the Grace of God, of England, Scotland,
France and Ireland, King, defender of the fayth,
«fcc. May it please your most excellent Ma'tie, we
your dutifull and loyall subjects of your Colony of
Connecticut in New England, doe most heartily
rejoyce in, and congratulate your Ma'ties happy
access unto the imperiEsll Throne of your King-
domes and Territories thereunto belonging, and
have long since, upon the joyfull- tydings, pro
claymed your Ma'tie in the Colony, together with
your Royall Consort, King and Queen of the said
Kingdomes and Territories* in whose names we
have ever since governed your Ma'ties good sub-
* A General Court held at Hartford June 13th, 1689, by
special order of the Governour — William, Prince ot Orange,
and Mary, Princess of Orange, were proclaimed King iuid
Queen of England this day.

The case of the Charter. 189
jects here, haveing a Charter granted by King
Charles the second of happy memory, and by rea
son of o'r not so rightly understanding the meth
ods used in reference to the procedures against
Charters under the late King, are brought under
som uneasinesse, though we never resigned o'r
Charter, nor was it condemned.
We doe therefore intreat your Ma'ties favour, to
confirm in the injoyment and irriprovement of the
liberties, privileges and properties granted in our
charter, which we hope your Ma'tie of your
princely grace and wisdom, will see meet to con
tinue to vs.
And your Petitioners shall ever pray for your
Ma'ties long and prosperous Reigne and the- in
crease of your glory,
ROBERT TREAT, Gov'r.
Pr order of the Councill, JOHN ALLYN, Sec'ry,
Dated in Hartford, on Connecticut, in New
England, Jan'y 3d, 1690,

The case concerning the Charter of the Colony of
Connecticut, hy the Attorney and Solicitor Gen
eral and otliers.
The Corporation of Connecticott Colony, in
New England, not having under their pubhck Seal
surrendered their Charter, there being no surren
der upon record, only when it was proposed to
them by the late King James, that they should
take their choice, whether they would be under the

190 The case of the Charter.
Governour of New York or of Boston, they hum
bly prayed that they might still enjoy the privi-
ledge of choosing their own Governour according
to their Charter, But if the King was resolved
otherwise, they said they had rather be under Bos
ton then under New York, after which in the year
1687, Sr Edmund Andross did by a Commission
from the late King James, invade the liberty of the
people in that Colony, and exercise a Govern
ment over them, contrary to their Charter, which
they most unwillingly submitted unto ; but since
the late happy Revolution in England, the people
of Connecticott, have chosen a Governour and as-'
sistants, according to their Charter, and doubt not
but they have a legall right to their former privi
ledges, Quere — Whether the Charter belonging to Con
necticott, in New England, is by means of their
involuntary submission to Sr Edmund Andross's
Government, void in law, so as that the King may
send a Governour to them, contrary to their Char
ter priviledges, when there has been no judgment
entered against their Charter, nor any surrender
thereof upon record,
I am of opinion, that such submission as is put
in this case doth not invalidate the charter, or any
the powers therein, which was granted under the
great seal, and that the Charter not being surren
dered under the comon seal, and that surrender
duly inrolled of Record, nor anyjudgment of Rec
ord entered against it, the same remains good and
valid in the law, and that the Corporation may
lawfully execute the powers and priviledges there-

Letter from William III. 191
by granted, notwithstanding such submission and
appointment of a Governour as aforesaid,
EDWARD WARD,
I am' of the same opinion,
J, SOMERS.
I am of the same opinion, and as the matter is
stated, there is no ground of doubt,
GEO, TREBY.
2d August, 1690,

A Letter from his Majesty William 3d, command
ing a levy of troops for tlie aid and assistance
of the Province of New York.
William R.
Trusty and well beloved, we greet you well, —
Whereas it has been represented unto us in coun
cil!, in behalf of our province of New York, in
America, that the same haveing been at great ex-
pence for the preservation andclefence of Albany
its frontiers, against the French, by the loss of
which province the inhabitants- of Maryland and
Virginia, would not be able to live but in garrison,
and haveing hitherto preserved that post, the bur
then thereby is now intollerable to the inhabitants
there. We think reasonable and necessary that
our several colonys and provinces of New Eng
land, Virginia, Maryland and Pensylvania, should
be aiding and assisting, from time fo time, to the
Governour or Commander-in-chief of our said
province of New York, in the maintenance and

192 Letter from William III.
defence of it, duering the present warr, and accor
dingly our will and pleasure is, that upon applica
tion of the said Governour or Commander-in-chief,
you do immediately send him such aid and assist
ance in men or money, for the security of our said
province, from the attempts of the French and
Ifadians, as the condition of the plantation or colo
ny under your government, shall permitt, and our
further will and pleasure is, that as soon as con
veniently may be, you agree with the governours
of New England, Virginia, Maryland and Pensyl
vania, unto whom we- have sent the like directions,
upon a quota of men, or other assistance to, be
given by each colony or province, for the defence
of New York, as occasion may require the same,
and that you give a speedy account of your pro
ceedings herein, to the end such further directions
may be given, as shall be necessary for securing
the fort at Albany, and the province of New York
from the attempts of our enemies in those parts.
And so we bid you farewell.
Given at the court, at White Hall, the 3d day
of March, 1692-3, in the 5th year of our reigne.
By his Majesties command,
NOTTINGHAM,
To such as for our time being, take care for
preserving the peace, and administering the laws
in our colony of Connecticut, in our territory and
dominion of New England, in America.

Establishing a Post Office, 193
Establishing a Post Office,
Province of Massachusetts Bay,
At a Councell sitting at the Councell Chamber,
in Boston, upon Thursday, March ye 30, 1693.
His Excll'ie being absent from the Province,
Mr. Stoughton, Esqr. Leivt, Govern'r.
James Russell,
John Joyllife,
John Walley,
Sam'll Hayman,
Rich'd Middlecitt, I p
John Richards, ^ ^'i'^®'
Sam'll Sew all,
Peter Sarjeant,
Joseph Lynde,
Adam Winthrop,
Whereas their most excellent Majesties by their
letters pattents, under the great seal of England,
have granted unto Thomas Neale, Esqr, his exec
utors, «fec, full power and authority to erect, settle
and establish within the chief ports of the severall
Islands, Colonies and Plantations in America, an
office or offices for the receiving and dispatching
of letters and packetts for the encouragement and
benefit of trade and correspondence, to be held,
used, exercised and injoyed by the said Thomas
Neale his Execu'rs, Adm'rs, and Assignes dureing
the term of twenty one years in the said letters
pattents mentioned ; and her sacred Maj'tie, the
Queen having speedily recommended unto his
Excell'cy the Govern'r the assisting and counten
ance of Andrew Hamelton, Esqr, deputed and
constituted to govern and mannage the said Gen'll
17

194 Establishing a Post Office.
Post office for and throughout all the plantations
and colonies upon the main land or continent of
North America, his deputy agents or servants
upon all occasions in the management of the said
general post office, and the due execution of all
and singular the power and authoritys contayned
in the said letters patents. And whereas, the said
Andrew Hamelton, Esq, hath attented his Ex
cell'cy and councell about that affair, presenting
a memoriall, therein proposeing the rates to be
assertained for the posts of letters, «&c, and to be
continued by the space of three years next come
iug, and severall fredomes and immunities to be
granted unto such as shall be imployed under him
as post masters at the respective stages, which
proposalls for the post of letters, are as follows,
that is to say from Europe, two pence, ye West
Indies, or from any parts beyond sea, two pence
each single letter, which is to be accounted such
altho it claimes bills of lading, Gazets, Invoyces,
&c, and for all packetts of letters, four pence,
and if letters or packetts lye at the post office
uncalled for by the space of forty eight hours, the
postmaster then sending them forth to the respec
tive houses of the persons to whom they are
directed, one penny more for every such letter or
packett. The post of inland letters to be as fol
lows, that is to say, to be from Rhod Island to
Boston after the rate of six pence for each single
letter, and soe in proportion to the greatness and
quantity of letters, and for letters taken in upon
post in Connecticott colony for Boston, after the
rate of nine pence for each single letter, to
or from New York, after the rate of twelve pence
for each single letter, to or from Jersies or Pensil-
vania, after the rate of fifteen pence for each
single letter, to or from Virginia or Maryland,
after the rate of two shilhngs for each single letter,

Winthrops Commission. 195
and so proportionably aforesaid, to or from Salem,
after the rate of three pence for each single letter,
to and from Ipswich, Newberry or other places
within this province, four pence for each single
letter, to and from Piscatagua, six pence for each
single letter, and so in proportion. All publique
letters to be receaved and ' dispatched free of
charge. And that the post pass fferridges free within
within this province. In consideration where6f,
the said Andrew Hamelton, Esqr, doth ingage to
erect the said post office at Boston, by the begin
ning of May next, and that the post shall passe
from Boston to New Yorke, and from Boston to
Pensilvania every week, and will state the Satter-
day for its setting forth and returning. The
Leivt, Gov'r and Councill adviseing upon the afore
said proposalls, and apprehending the said under
taking to be for their Maj'ties service, and for the
great advantage of correspondence and trade and
comerce, do so farr approve thereof as to recom
mend the same to the Generall Assembly at their
next setting to be enacted with such further free-
dome and immunities to the post master as may
be encouraging, &c.
By order of the Leivt. Gov'r and Councill.
JAS. ADDINGTON, Sec'y,

Winthrops Commisssion as Agent of the Colony.
We the Governour and Generall Assembly of
their Majesties Colony of Connecticut, in New
England, having speciaal ocasion to make our

196 Winthrops Commission.
humble address and petition to our Sovraign Lord
and Lady, King William, and Queen Mary, -vsrhora
God Almighty preserve and bless, with reference
to our Charter priviledges in general, and more
especialy, with reference to the militia of this
Colony. And having concluded upon the said
address and petition, reposing special trust and
confidence in the wisdom and prudence of you
Major Gen'll Ffitz John Winthrop, Esqr, have
nominated, chosen, desired, commissioned and
impowered, and do hereby fully and duly nomin
ate, choose, desire, commission and impower you
the aforenamed Ffitz John Winthrop, Esqr, for
us and in our behalf personaly to appear before
our said Sovraign Lord and Lady, the King and
Queens Ma'ties, or such others as under them
may so have cognizance of our said affair, and
unto them to present our said humble adress and
petition, and before them to transact what you
have in instruction, relating to the said affair or
whatever else may seem to you or your counsel-
ours reasonably conduceing to the ends of the
said address and petition, and if by the Provi
dence of Almighty God, you are hindred from
makeing your personal appearance, then to ap
point and impower such other person or persons
in your stead, as may to you seem reasonable,
and by al due indeavours to obtain their Maj'ties
gratious approbation of our government as estab
lished by Charter, and especialy the command of
the militia here, be not altered from us to persons
of other provinces, but continued with us as hith
erto it hath been, and to that end, to answer and
reply to whatsoever may be objected against the
same, and to act and do in al things lawful in the
premises and matters whatsoever shall prove

Instructions to Winthrop. 197
reasonably necessary, w'ch we M'ill accordingly
hold for good.
Dated in Hartford, in New England; 1st day of
Sept, Anno, Dom, 1693, and in the 5th yeare of
their Maj'ties Reigne, and given under the seal of
their Maj'ties Colony of Connecticut, and signed
by ROBERT TREAT, Gov'r,
By order of the General Court,
John Allyn, Secretary.

Instructions to Agent Winthrop.
Instructions for the Hon'ble Major Generall
Fitz John Winthrop, Esqr. from the Governour
and Generall Assembly of their Majesties Colony
of Connecticutt, in New England.
1st. Hon'ble Sr, be pleased to take notice of
the Commission you have from us, and our address
and petition to their Majesties, our Soveraigne
Lord and Lady, King William and Queen Mary,
in the Generall scope and purport of themwhitch
is to retaine our Charter priviledges, and in spe
ciall, the use of the militia to avoyde trouble from
male contents at home and the overruleings of
strangers abroad by obteyning their Ma'ties con
firmation of us or what other countenance they
shall please to give us in these respects.
2dly. You are to remember we have layd in
to our Treasurers hands a supply of money for
your Hono'rs service in the affayre, which please
to draw out as you see cause and have occasion,
17*

198 Instructions to Winthrop.
onely we advise not to transport any considerable
summs, but to remit it to England by Bills of ex
change as you please.
3dly, We entreat and advise that you take the
soonest and safest opportunely to transporte your
self to London, and that you be in all respects ac
comodated according to your quallity and busi
nesse soe far as our poore abillity will admitt,
4thly, That you take with you besides our ad
dress, your commission and these instructions and
such other books and papers as the Governo'r and
Councill may give you, or yourself foresee may
be usefull in your negotiation, particularly a copy
of our Charter, one of our Law Books, printed,
and maniescript to represent the constitution of
the militia and other our concerns, and a narrative
of the fidelity we have used in the warrs from
first to last, to satisfy their Ma'ties that we have
given good proofe of our industiy in that poynt in
speciall, 5thly. That you indeavour as speedy an ad
mission unto their Ma'ties, or Councills, audien
ces as may bee, first informeing yourselfe whether
any new occurrences there, have happened re
specting us.
6thly. We know you canot forget or be unac
quainted with the various designements from and
for both Yorke and Boston, which you are to have
ey upon, as they may influence upon us, and use
and avoyde them as is most conducive to your
owne business.
7thly. You will doe well to observe what is
most gratefull and pleassant at Court and cast
your application into the mould of prudence to
render it most acceptable, speedy and successfull.
8thly. That you indeavour to make what just

Instructions to Winthrop. 109
interest you may with persons that may help for
ward your purposes.
9thly, "That on your audience (if God shall
grant it,) you give a more dilated demonstration
of the chiefe things in the addresse either oraly
or by writeing or both, as you see best, and espe
cially that you labour to sattisfy their Ma'ties that
our condition and useage is such that we cannot
be in any other figure without generall discourage
ment, and what is next to ruein unto us, the dem
onstration of which may much avayle, and that
there is and hath been a generall satisfaction
amongst their subjects here in the forme of Gov
ernment by the charter, and a serviceableness re
sulting from it, which will be we suppose the sat
isfying the subjects of their Ma'ties in things not
unjust nor detrimentall to their Ma'ties interest,
will weigh much in the issueing it, and among oth
er demonstrations, you may make of the acquies-
sence of the people in theire present settlement,
you may aledge that of about three thousand men
in the Colony, about two thousand two hundred
perticularly appeared to make this address, and
most of the rest concluded to agree, though by
private occasions, and not by their respective town
meetings ; the known generall voyce for it at the
revolution when Sr Edmund Andross was at Bos
ton, their quiet under it ever since ; the pawcity
of male contents and among them few have facts
of value for any good qualification, so that were
it not for three or four persons there is no appear
ance of any considerable, and that these appeare
possibly in the magnifyeing glass of some neigh
bours representations in England far greater then
they are,
lOthly, You must informe their Ma'ties of the
state of the Militia here that it is far different from

200 Instructions to Winthrop,
what it is in England, namely that all male per
sons from sixteen to sixty years of age are soul
diers, and so necessitated to be from the scatter-
ednesse of the country, fewnes of us all, and dan
gers from enemies, so that to order the Militia
here to the Governo'r of an other Province, is to
deliver us up as to our persons intire to such other
Governo'r; none save Magistrates, Ministers,
Physitians, Millers and impotent persons will be
left, and this we conceive may avayle much for
the continuance of the Militia as it is and hath
been, and the great wages we pay souldiers, thir
teen shillings a weeke in dyet and wages to a pri
vate sentinell,
llthly. You may see cause to acquaint their
Ma'ties of the great distance we are at from Bos
ton and Yorke, and the necessary inconveniencies
resulting therefrom if the rule of the Militia be
in other hands then some of their subjects here re
sideing, 12thly, The necessary dependance of the civ
ill Government on the power of the Militia in this
far distant country, so that it will hardly be exe
cuted here, or at the best be very despicable, and
consequently rendered difficult to discouragement,
13thly, The difficulty of capitulating and set-
ling any articles or tearmes for the use of the Mi
litia for the defence of the Colony support, or ex
ecuting the civill part of the Government, with
the Governour of an other jurisdiction in which
we are or may be subject to be over ruled on all
occasions, 14thly, You may urge as farr as is fitting any
thing you may be advised of as our right in Law
to the use under their Ma'ties of the Militia here,
so that if justice or prudence, both or either may

Instructions to WintJirop. 201
hold it to us we may retayne it since we look on
ourselves as next to undone if we have it not,
15thly, If you be interogated why we com
playned not with Sr Wm, Phips his Lieutenancy,
you may reply that he never came on the place,
nor acted on it farther then to give a copy of his
commission and to inquire who were our officers
in commission, and that we haveing a commission
(so to call our charter) could not judge it our duty
to wave it, at least till we had been heard in the
matter before their Ma'ties, whose justice and
clemency we know to be so great, especially since
no ordef to us from their Ma'ties about it,
17thly, You are to assure their Ma'ties that the
Militia here is and shall (with all the prudence and
faythfullnesse God shall give us) be improved to
their Ma'ties best interest, and that we have ayded
and shall ayde to our abillity our neighbours at
Boston and Yorke with the same.
18thly, You may give an accompt of our
ayde sent to Albany when yourself was there,
which was a juncture that required the secureing
the five Nations of Indians, and keeping the
French at least at home, and when that Govern
ment was so dissetled that then there for secureing
their Ma'ties interest, we voluntarily spent above
two thousand pownds and lost severall men, be
sides Capt, Bulls expedition who Garrisoned there
at Albany when Senecktaga* was surprized,
19thly, You are to informe that our scituation
is such that the townes up the river are ours, and
a great part of the New England fronteer and an
ordinary way of the Maquaesf return from Can
ada, and where from Canada divers incursions

* Schenectady.
t The name of a tribe of Indians.

202 Instructions to Winthrop.
have been made and are continually feared, which
we are continually put upon guarding and releiv-
ing, for which reason the less is to be expected to
be done by us elsewhere.
20thly. Allso our continuall danger by the sea
coast, where are but few men for so long a shoare.
21st. If on advice you find our address and
petition to their Ma'ties not so advantagiously
drawne as may be, you may draw another, keep
ing the same generall purport with that, and signe
and present and manage it in our behalfe accord
ing to these our instructions.
22d. You may opportunely mix and link in
your discourses, the hard adventures of our pre
decessors and selves, our full establishment, our
unchangeablenesse to the Crown, our peaceable-
ness with our neighbours, with what other good
character your Honour can truely and modestly
make us on this occasion, so necessarily requireing
it, and that the sence and dependence of theire
Ma'ties subjects is, that they shall not now at least
be frustrate of the ends of so good and chargea
ble and extreemly laborious a settlement as they
are arrived at.
Many other things may occurre as necessary
in this transaction, which we generally leave as
we doe these instructions to your Honours pru
dence and that of the gentlemen with home you
shall have occassion to consult herein.
And we pray your Honour to use all opportu-
neties for a good and speedy issue, and that in the
interim you give us by all seasonable occasions of
conveyance an accompt of your transactions, our
prayers shall waite on the Throne of Grace for
your conduct and a blessing in a happy resolution
of these matters, and your Honours safe and hap-

Col. Fletchers Letter. 203
py returne, Sr, we are your Hono'rs friends and
Humble Servants, ROBERT TREAT, Governour,
Pr order of the Generall Court, Sept'r 2d, 1693.
JOHN ALLYN, Sec'ry.
Hartford, Sept, 1, 1693,
The 16th article being slipt, is here inserted,
16th, You may represent to their Ma'ties that
we have no temptation to hold the use of the Mi
litia from any sinister ends, as proffit (Sic, but
merely for our safety and peace, &c.

Col. Fletchers Let'er demanding the command of
the Militia of Connecticut.
To the Governour and Generall Court of Con
necticut sitting att Hartford, Oct, ye 26th, 1693,
Gentlemen — I have received your papers
which is noe answer to my memorial, for I doe
not demand the Militia from you, knowing very
well as you yourselves doe, that you have no right
to itt. being settled on the Kings and Queens of
England and their successors, by severall acts of
Parhament and by noe power on earth can be de
mised from the present possessor of the Crown,
but I have in tender regard to this English Colo-
ly given in my memorial to you, the present ad
ministrators of the Goverm't here, in expectation
of your ready complyance to their Maj'ties Pat
tent and your assistance to me, being a stranger in

204 Col. Fletchers Letter,
these parts, for the more speedy and effectuall ex
ecution of that lawfull commission which is grant
ed in grace by their Maj'ties, as well for your se
curity and defence as the assertion of their own
right, and this has in no part of their dominions
found a rub or contest,
1 doe therefore in their Maj'ties names demand
your obedience to this commission, as you will an
swer the ill consequences that will ensue, and ex
pect a speedy replye in two words yes or no,
BEN, FFLETCHER,
By his Excellency Benjamin Fletcher, his Maj
'ties Liev't and Commander in Chiefe of the Mili
tia, and of all the Forces by Sea and by Land,
within their Majesties Collony of Connecticutt,
and of all the Forts and places of strength within
the same, M, CLARKSON, Sec'ry.

Note. — Col. Fletcher, Governor of New York, had recei
ved a commission to command the whole Militia of Connec
ticut, which was inconsistent with the Charter rights of the
Colony ; on the 26th Oct. he came to Hartford, where the
General Court was in Session, and in his Majesty's name
demanded that the Militia of the Colony should be submit
ted to his command. The Militia of Hartford was called
out ; but the General Court persisted in refusing to submit to
the demands of Fletcher. A commission was tendered to
Gov. Treat, authorizing hira to command the Militia as a
Lieutenant under Fletcher, but the Assembly would not sub
mit, and the tender was not accepted : the Militia of Hart
ford having paraded, and as the tradition is, while Captain
Wadsworth the Commanding Ofiicer was walking in front
of the companies. Col. Fletcher ordered his commission to
be read. Capt. Wadsworth instantly ordered the drums to
beat ; and there was such a roaring of them that nothing
else could be beard. Fletcher commanded silence : but no
sooner had the reading commenced again, than Wadsworth
commands "drum, drum, I say." The drummers underetan-

(jfen, yVinthrops Petition, 205
ding their business, instantly made another tremendous roar
of the drums. Silence says Fletcher. But no sooner did
silence ensue than Wadsworth speaks with great earnestness,
"drum_l say," and immediately turning to Fletcher, said "if
I am interrupted again I will make the Sun shine through
you in an instant." He spoke with such decision and enw-
gy in his voice, and meaning in his countenance, that no
further attempts were then made to read the commission. —
Large numbers of people had assembled, and becoming much
excited. Col. Fletcher entertained doubts for his personal
safety, and judged it expedient soon after to leave the place
and return to New York.

Gen, Winthrop's Petition to the King, relative to
the Commission of Gov'r Fletcher.
To the King's most Excellent Majesty —
The Humble Petition of your Majesties loyall
and dutifull subjects, the Governour and Compa-
ny of the English Colony of Connecticut, in New
England in America, presented by Major General
Fitz John Winthrop Esqr, their Agent in that be
halfe lawfully authorized, sheweth :
That your Petitioners by Letters Pattents, of
the late King Charles the second, under the great
Seal of England, in the fourteenth year of his
Reigne, were incorporated by the name of the
Governor and Company of the Enghsh Colony
of Connecticut, in New England in America, and
by several constitutions and powers specified in
the said Letters Pattent, had granted to them as
well the civill administration of the affairs, as the
Lieutenancy and power of ordering, arraying,
18

206 Gen, Winthrops Petition.
modelUng and conducting the Melitia of the said
Colony, for the special defence and security of the
same. That your Petitioners from the date of the said
grant, untiil the month of October last, have en
joyed the said liberties and priviledges without for
feiture or mollestation therein [except a little in
terruption they received, upon the general im
peachment of the English Liberties, towards the
latter end of the Reigne of the late King James
the second,] to the great encrease and comfort of
the inhabitants of the said Colony, and the de
fence and security of your Majesties neighbouring
Provinces. That Benjamin Ffletcher Esqr, the present Gov
ernour of your Majesties Province of New York,
in the said month of October last, by colour of
your Majesties commission, whereby (for the uni
ting the forces of the said Province and Colony,
against the common enemy,) he was created your
Majesties Commander in Chief of the Melitia of
the said Colony, did demand of your Petitioners,
not only to submitt to him as Lieutenant General
and Commander in Chief over the full Quota of
the Militia of that Colony in conjunction with
those of the Province of New York and the other
adjacent Governments, (which your Petitioners
were always ready to doe, and to send their said
Quota, when and wherever commanded by him,)
but likewise that your Petitioners should surren
der to him the perticular Lieutenancy of the said
Colony of Connecticutt, and their power of as-
sessing, modelling and establishing the Militia
thereof, granted to them by the said Charter,
threatning withall to enforce obedience to his said
demands, to the great terrour and discouragement
of the inhabitants- of your Majesties said Colony.

Order of Lords of Privy Council. 207
That the said Benjamin Ffletcher hath hkewise
endeavoured, by several artifices, to insinuate him
self into the civill government of the said Colony ;
and such, the proceedings of the said Benjamin
Ffletcher, are repugnant to the before mentioned
grant of King Charles the second, and the true
intention of your Majesties said commission, (as
your petitioners do in all humility conceive.)
Your petitioners therefore humbly pray, that
the said Commission may receive such explana
tion and restriction, and your petitioners have
such speedy reliefe and order for the quieting the
said difference for the future, as to your Majesty,
in your royall justice and wisdome shall seem
most conduceing to the prosperity of your Ma
jesties people and interests in the said colony of
Connecticut — and your petitioners as in duty
bound, shall ever pray, &c.
J. WINTHROP.
January, 1694.

An order of the Rt. Hon. the Lords of the Privy
Council, refering the Petition of the Governour
and Company of the Colony of Connecticut,
to the Lords of the Council of Trade,
Att the Court at White Hall, )
the 29 January, 1694. )
By the Lords of their Majesties
most Hon'ble Privy Councill —
Upon reading the annexed Petition of the Gov
ernour and Company of the English Colony of

208 Objections to conduct of Gov, of N. Y.
Co^ainecticut, in New England, in America, pre
sented by their Agent, Major Geh'l Fitz Jon Win
throp, complaining of the proceeding of Collonel
Benjamin Fletcher, Governour of New York, in
relation to the said Colony, and praying to be re
lieved ; it is this day ordered in Councill, that it
be, and it is hereby refered to the Right Honnour
able the Lords of the Comittee of trade and plan^
tations, to examine, and consider of the matter of
the said petition, and to report to this board, what
their Lordships conceive fit for his Majesty to do
therein.,
RICHARD COLLINGE.

Objections raised to the coriduct and proceedings
of the Governour of New York.
The case of the Governour and Company of the
English Colony of Connecticut, in New England,
in America, in relation to the pretensions of his
Excellency, Benjamin Ffletcher, Esqr. the present
Governour of New York, laid before the Rt, Hom'-
ble the Lords of the Councill of Trade, by Gen,
Winthrop, The said Governour and Company were incor
porated by Letters Patents of King Charles the
second, in the fourteenth year of his Reign, which
among several other powers and constitutions for
the civill Government of the said Colony, con-
veyeth to the Governour of the said Company
" for the time being, or others by his appointment
and direction, authority to assemble, martial, ar
ray and put in warlike posture, the inhabitants of

Objections to conduct of Gov, ofN. Y. 209
the said colony, and to commissionate such per
sons as' they shall think fitt to lead and conduct
the said inhabitants, and to encounter, expulse,
&c, for the special defence of the said colony,"
There is likewise in the said Charter, a clause
for the more beneficial construction thereof on the
behalf of the corporation : and another of nonob-
stante to all statutes, &c, repugnant to the said
grant. According to which Charter the Governour of
the said Company for the time being, and such as
were commissionated by him, have all along had the
command of the militia of the said colony, for the
special defence thereof; and the said militia has
been levied, proportioned and modelled according
to the locall stattutes and orders of the Colony,
made with great regard to the abilities and condi
tion of the respective towns and divisions therein,
and in prefect subserviency to the laws of Eng
land ; by means of which constitution, this colony
has ever since the said incorporation, flourished in
improvements, added to the nufhbers of its people,
defended itself in time of war without the help of
the neighbouring provinces, who yet it hath not
spared to assist, when invaded, with men, money
or ammunition, according as was most wanted.
And the inhabitants thereof, have continually
behaved themselves with such unblemished loy
alty towards the crown of England, that in the
late Reigns, when a very slender pretence served
for a ground of seizing the liberties of corporations,
as legally forfeited, there was not so much as a
colour found out to vacate the said Charter,
Since the warr now depending with France, it
seemed fitting to their present Majesties, that the
militia of several neighbouring colonys and pro
vinces in America, should upon occasion act in
18*

210 Objections to conduct of Gov. of N. Y.
conjunction, under the command of one experi
enced Commander-in-chief, for the common safe
ty of the English interest ; and thereupon thenr
said Majesties, did in the third year of their reigne,
constitute Sr William Phipps, Knight, Command
er-in-chief of all the militia, and forces by land
and sea, within the several colonyes of Connecti
cut, Rhoad Island, Providence Plantation, the
Naraganset country or Kings province, and the
province of New Hampshire, To which Com
mission of Sr William Phipps, the Governour and
Company of Connecticut, did never give up the
Command of the militia, so granted to them, but yet
did not refuse to attend him with their quota of the
militia of Connecticut, to act with the other forces
under his command, and in such manner, as to
him should seem most conduceing to the com
mon security.
Afterwards, in June last, their Majesties think
ing it more convenient that the militia of Connec
ticut should act in conjunction with that of New
York, then with thflse of the colonys above named,
by Commission superseded the said power grant
ed to Sr Wilham Phipps,/ as to the militia of Con
necticut, and transfered the same to Benjamin
Fletcher, Esqr, the present Governour of New
York, and the Governour ot New York for the
time being.
That by colour of which last commission, the
said Benjamin Fletcher, doth not only challenge
the chief command and conduct of the quota of the
militia of Connecticut, when raised with the other
militia of his Governments, for the pubhck securi
ty (which the said Governour and company were
always ready to submitt to,) but likewise the full
power of assessing, apportioning and modelling the
said militia, and requiereth that the said Govern-

Ubjections to conduct of Gov. ofN. Y, 211
our and company should acknowledge him as
entirely vested with the particular Lieutenancy of
their colony, and with all the powers and rights
any ways relating thereunto, granted to, and yet
remaining in them, by vertue of the said Charter,
for the special defence and protection of the said
colony, which the said Governour and company
excuseing themselves from, tiU their Majesties
pleasure in the premises should be further known,
by their agent sent into England for that purpose,
and humbly requesting the said Benjamin Fletcher,
in the mean time to accept of their quota, in men
or money, for the common security, (as was used
to be done when Sr William Phipps had the like
commission,) the said Benjamin Fletcher rejected
that offer, threatening the Generall Councill that
he would force obedience to his said commands,
to the great terror of the inhabitants of the said
colony. Which pretentions and proceedings of the Gov
ernour of New York, are conceived to be no
ways agreeable to the true intention of their Ma
jesties, in their said commission; the prosperity
of the said colony, or the comon security of the
English inhabitants in the adjacent provinces ; and
that upon the following considerations,
1st, For that this colony, where all between
16 and 60 years of age are of the militia, (which
is settled and modelled by the statutes and orders
of the General assembly) there is necessarily so
close a connection between the ordinary rule and
government of the said militia, and the civill gov
ernment, that whosoever hath the absolute power
of the former, must draw all the authority of the
latter to himself, by a consequence which is una
voidable, for the command of every mans person
will undoutedly produce the command of every

212 Objections fo conduct of Gov. ofN. Y.
mands purse, and the alteration of the present
modell of the militia, will be an alteration of the
laws also,
2dly, By the constitution of this colony, the
life and execution of the laws depends wholly on
the power of the militia, which can be little usefull
to that purpose, if wholly removed from the civil
magistrate, and placed in a person resideing at so
great a distance as the Governour of New York
usually doth, and though this may be something
helped by deputations, if the Governour of New
York pleaseth, yet it evidently renders the execu
tion of the laws at Connecticut precarious, and at
the will of the Governour of New York.
3dly, The Colonys in America, are governed,
as near as may be, with conformity to the laws of
England, where the King or his Lievtenant, can
not draw out all the men of a county to serve in
the militia, but a certain number proportioned to
thei extent and rules of the county. But if Co'U
Fletchers Commission should be asserted in the
latitude he contends for, he might draw out the
inhabitants in what numbers, and raise contribu
tions on them in what quantities he pleaseth ; in
short, he could become perfect master of the lives,
liberties and estates of the English in that colony,
who cannot but withdraw from the apprehensions
of such an unlimited power lodged in a subject,
a souldier of fortune, not their Governour, and
upon that account not responsible for any inward
consumption of the colony, so he protects it from
being overrun by a foreigne enemy.
4thly. It is impossible that Co'U Fletcher, though
he should prove of an abstinence unusuall in this
age, can be so competent a judge of the disposi
tions and abilities of each town and division in the
colony, nor so much master of their affections in

Objections to conduct of Gov. of N.Y, 213
time of need, as they who dwell among them, nor
by consequence so well qualified for the locall and
ordinary government of the said militia.
5thly, The frontiers of Connecticut, which lyes
most remote from the province of New York, do
often call for a sudden and vigorous defence, but
iff the civill government of that colony must be
wholly divested of all power in the Militia for the
special defence of the same (as their charter
speaks) and driven to sue for orders to the Gov
ernour of New York, (who comonly resides about
200 miles off',) the inconvenience is to evident to
be mentioned, besides it is repugnant to the very
nature of a Government, that the power of defend
ing itself, should not be in itself, but lodged in the
Governour of an other Province,
6thly, Coll, Fletchers comission gives him not
the Government of Connecticut, but a particular
ministerial office in that Government, and there
fore he ought to construe his comission so as may
leave him subordinate to the Government of that
place, and not above it, as he will be effectually,
if he be permitted to exercise it in the extent de.
manded by him,
7thly. As the Mihtia in England is commanded
by the King and his Lieutenants, under the restric
tions and orders appointed b}'' act of Parliament
(or the subject could not be free,) so tis conceived
their Majesties intention in this comission could
be no other, then that Coll, Fletcher should com-
and the Militia, subject to the Laws and Constiu-
tions of the Colony, so farr as they are not repug
nant to the Laws of England,
8thly, This sence in which the Government of
Connecticut would understand their Majesties
comission, is agreeable enough to the Letter and
penning of it, for the ground there laid down for

214 Objections to conduct of -Gov. of N. Y.
the granting that comission, is the uniting the for
ces for security of their Majesties subjects in gen
erall, inhabiting in those parts ; and no reason is
there so much as hinted at, why that Colony
should be deprived of all power over the Militia,
within itself for its own particular defence, and
refference is therein had to the like comission be
fore granted to Sr William Phipps, (who never
exercised so unlimited an authority,) and tis taken
for a rule in expounding the Kings grants, that
when there are two constructions to be made,
which equally satisfy the letter thereof, one repug
nant to the other consisting with a former grant,
which preserves the former grant is to be prefered,
as most agreeable to the Kings honnour and jus
tice, 9thly, Itis observable that in Coll. Fletchers com
ission, there is no express superseeding the com-
and of the Militia granted to the Government of
Connecticut by the said charter, although the same
comission does expressly supersede the above-
mentioned authority granted to Sr William Phipps.
These among divers others, are some reasons
why tis hoped their Majesties will be pleased to
preserve to the said Colony of Connecticut their
liberties granted to them by the said charter, and
to explain the comission of Coll. Fletcher in such
sort, that he may content himself with the Gene
rall com and of the Quota of the Militia of that
Colony, and not take from the civill Government
of that place the power of levying and ordering
the Militia within themselves, granted by the said
charter.

Urder m Council. 215

His Majesties order in Council on the subject of
the Militia of t/ie Colony of Connecticut.
At the Court at White Hall, the 19th of Aprill,
1694,

I SEAL, j Present,
¦^ w
The Kings most Excellent Majesty.
Lord Arch Bp, of Canterbury, Lord Keeper,
Lord President, Lord Privy Seeale, Duke of
Bolton, Lord Steward, I^ord Chamberlaine,
Earle of Oxford, Earle of Shrewsbury, Earle
of Bridgewater, Earle of Bathe, Earle of Ro
chester, Earle of Montague, Earle of Scarbo
rough, Earle of Ranelagh, Lord Viscount Syd
ney, Lord Viscount Falkland, Lord Bp, of
London, Lord Cornwallis, Lord Conningsby,
Sr Robert Howard, Mr. Trbnchard, Mr.
Chancellor of the Exchequer, Sr Henry Good-
RiCHE, Mr. Russell, Mr. Boscawen.
A Petition haveing been presented to his Ma
jesty, 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 Governour and company
of the English Colony of Connecticut, in New
England, in America, setting forth that the Peti.
tioners by Letters Pattents, under the great Scale
of England, in the fourteenth year of the Reigne
of the late King Charles the second, were incor.
porated by the name of the Governour and com
pany of the Enghsh Colony of Connecticut, in
America, with power as well for the civill admin
istration of affairs, as the Lieutenant for the or-

216 Order in Council,
dering, arranging, modelling and conducting the
Militia, for the special defence of the Colony. —
That from the date of the said grant, untiil the
month of October last, they have enjoyed the
said hberties and priviledges without forfeiture or
mollestation, except some interruption they recei
ved in the Reigne of King James the second ; that
Coll. Ffletcher, Governour of New York, in Oc
tober last, by colour of his Majesties commission^
whereby for the uniting the forces of the said
Province and Colony, he was created Comander
in Chief of the Militia of the said Colony, and did
demand of the Petitioners, not only to submitt to
him as Lieut. Generall and Comander 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 esfabhshing the Militia
thereof. The Petitioners therefore humbly pray
ing the said comission may receive such explana
tion and restriction, as to his Majesty, in his Roy
all justice and wisdome shall seem meet. And
.his Majesty having been pleased to referr the said
Petition to the Right Honnourable the Lords of
Comittee 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 Comittee haveing received the
Report of their Majesties Attourney General and
Soliciter General, upon the matter of the said Pe
tition, together with the address of the Colony of
Rhoad Island, and touching the uniting the strength
of those Colonys against the French, which report
is in the words following :

Order in CounciL 217
May it please your Lordships,
In obedience to your Lordships commands sig
nified to us by Mr. Blaithwaitt, the 2d of Janua
ry and the 3d of February last, by which we were
to consider the severall charters of Connecticut
and Rhoad Island, and the grants of East and
We?t Ncwjersey, and to Report our opinion upon
the whole matter, what may be done for the uni
ting the strength of those Colonys and New York
under a chief commander, to be comissionated by
their Majesties, for the defence of their Majesties
subjects in those parts, against the French, and al
so to consider the anexed copy of the Petition of
the Governour and company of Connecticut, and
to request our opinion thereupon. Wee have con
sidered the tnatter to us referred and do finde,
that Kin^ Charles the second, by his charter, dated
the 23d of Aprill, in the 14th year of his Reigne,
did incorporate John Winthrop and several other
persons therein named, and all others who then
were or after should be admitted and made free
of the company, to be a corporation, by the name
of the Governour and company of the English
Colony of Connecticut, in New England, in Amer
ica, with such powers, priviledges and capacities
as were 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 corpo-
tion of all land, soyle, ground, havens, ports, ju
risdictions, royalties, priviledges, franchises and
hereditaments within the same or thereto belong
ing ; to be holden to the corporation and their suc
cessors in trust, for the benefit of themselves and
their associates freemen of that Colony, their heirs
and assigns, of the Kngs of England, as of their
19

818 Order in Council.
manner of East Greenwich, by the fifth part of
the oare of gold and silver there found, with pow
er to the corporation, to make laws, elect Govern
ours, Deputy-Governours and assistants, erect Ju
dicatures and Courts, and choose officers for the
civill Government, and thereby also power is grant
ed to the chief comanders, Governours and offi
cers of the company, and others inhabiting there,
by their leave or direction for their speciall defence
and safety, to assemble, martiall, array and put in
warlike posture the inhabitants of the Colony,
and to comission such persons as they should
thinke fitt, to lead and conduct the inhabitants, and
to encounter, resist, kill, and slay all that should
attempt or enterprize the invasion or annoyance
of the inhabitants or plantations, and to exercise
martial law, and take and surprize the invaders or
attemters of the plantation, or hurt of the compa
ny and inhabitants, and qn just occasion to invade
and destroy the natives or thfe enemies of the Col
ony. Wee also finde, that King Charles the second,
in the fifteenth 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 Governour and
company of the English Colony of Rhoad Islands
and Providence Plantations in New England, in
America, and granted them in effect the like pow
ers and authorities, both civill and military, as are
before mentioned to be granted to Connecticut.
Wee find that the civil Governments in those
plantations or Colonys, executed the Military
powers conferred by the charters, but that their.
Majesties in the third year of their Reigne, by
their comission constituted Sr William Phipps
Lieutenant and comander in chief of the Militia,

Order in Council, 219
and of the forces by sea and land, within the Col
onys of Connecticut, Rhoad Island, Providence
Plantation, Kings Province, and Province of New
Hampshire, and all Forts and places of strength
in the sanie, with severall powers and authorities.
And that their Majesties by their comission under
the great seal, dated the tenth of June 1693, revo
ked so much of Sr William Phipps his comission
and powers as related to the Colony of Connecti
cutt, and by the same comission constitute Benja
min Fletcher Esqr, their Majesties Captain Gene
ral and comander in chief of New York, Pensilva
nia, New Castle, and the territories and tracts of
land depending thereupon, to be the comander in
chief of the Militia, and of all the forces by sea
and land within the Colony of Connecticutt, and
of all Forts and places of strength within the
same, with power to levy, arme, muster, command
or imploy the Militia of the said Colony, and up
on any necessary and urgent occasion dureing this
warr, to transferr to the Province of New York
and frontiers of the same, for resisting and with
standing enemies, pyrates and rebells both at land
and sea, and defence of that Province and Colony,
of which comission, and the large powers therein
contained as to Connecticut, the Colony of Con
necticutt, 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.
Wee have heard Coll. Winthrop and his coun
cill on the behalf of the Colony of Connecticut,
and Mr. Almey and his councill on behalf of
Rhoad Island and Providence Plantation, and Dr.
Cox appeared on the behalf of East and West
New Jersey, and produced some writings, shew
ing how the same was granted out from the Crown

220 Order in Council.
to the Duke of York, and' by the Duke of York
to others ; but the Doctor not claiming any title to
himself, it doth not appear to us, in whome the es
tate in law of those' places or of the Government
thereof, civill or Military doth now reside, nor how
the same is exercised. But haveing received the
annexed estimate from Mr. Blaythwaite, wee
communicated the same to the Agents for Con
necticut, Rhoad Island and Providence Plantations^
who declared their readiness duering the times of
danger, to provide their respective Quotas therein
contained, and in case of encrease of danger, or
other necessary occasions duering the continuance
thereof, their respective Quotas to be proportiona
bly increased with other Colonys, but as to the re
maining Militia beyond the Quotas (which it seems
in those countrys, consists of all males between
16 and 60 years of age,) they humbly desire that
it may remaine under the ordinary and usual Gov
ernment and command of the Colonys, according
to their charters, and not to be commanded out,
unless in times of actual invasion, or eminent dam-
ger, for the necessary preservation of some of
their Colonies, and. at such times only when such
of the Colonys whereoutthe forces shall be drawnj,
are in danger, and that at all times a sufficient
power of Militia may be always kept in each Col
ony under the power of the Government of it,
for the safety and necessary preservation thereof.
We are humbly of opinion that the charter and
grants of those Colonies, do give the ordinary
power of the Militia to the respective Govern
ments thereof;, but do also conceive that their
Majesties may constitute a chief comander, who
may have authority at all tymes to command or
order such proportion of the forces of each Colo
ny or Plantation,, as their Majesties shall think fitt*

Order in Council. 221
and further in times of invasion and approach of
the enemy, with the advice and assistance of the
Governours of the Colonys, to conduct and com
mand the rest of the forces, for the preservation
and defence of such of those Colonys as shall
most stand in need thereof, not leaving the rest un
provided 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 un
der the Government and disposition of the respec
tive Governours of the said Colonies, according
to their charters, all which nevertheless is most
humbly submitted to your Lordshipps great wis
dome.
EDWARD WARD,
THO. TREVOR.
2d April, 1694.
And the Lords of the comittee haveing presen
ted to his Majesty in councill, the Report of Mr.
Attourney and Mr. Solicitor Generall upon the
matter abovementioned, his Majestie in councill 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 Connec
ticutt, and all times duering the warr to be com
manded by the Governour of New York ; and the
Right Honnourable Sr John Trenchard, his Ma
jesties principall Secretary of State, is to prepare
Letters for his Majesties Royal Signature, for the
signification of his Majesties pleasure herein to the
Governours of New York and Connecticut accor
dingly.
WILLIAM BRIDGEMAN.
19*

222 Letter from Queen Mary.

Postcript of a Letter from Gen. Winthrop to the
Governor and Council of the Cdony of Con
necticut, dated London June 4th 1694, relative
to the Narraganset country.
Sir — I think it my duty to let your bon'r know-
that the Lord Arran, eldest Son to the late Duke
Hamilton, has put in his claime to the land from
ye East side of Conecticot River, Naroganset,
Rhode Island and those parts ; I can but just men
tion it supposeing yo'rselves know all that can be
said about it, and soe are guarded against any
trouble that may arise therein. I understand there
will be a hearing of ye claim before the King and
councill, but my Lord Arran being gon into Scot
land to solemnise the funerall of the Duke his Fa
ther, who dyed lately goeing to Scotland ; it may
put a stop to any present hearing; and if it please
God, that I doe not returne this winter, you will
have opportunity by the mast ships or sooner, to
inform yo'rselves about it.
J. WINTHROP.

J of Queen Mary's Letter to the Governour
of New York, concerning the Militia of Con
necticut.
Marie R.
Trusty and well beloved, we greet you well ;
haveing received the humble petition of our colo
ny of Connecticut, in New England, praying that

Letter from Queen Mary. 223
our comission unto our Governour or comander in
chief, of our Province of New York, for com
mand of the Militia of our said ^colony, may re
ceive such explanation and restriction, as in our
royall justice and wisdome we shall think fit, we
have referred the consideration of the said peti
tion to the Lords of our privy councill, appointed
comittee of Trade and Forreigne Plantations,
who haveing consulted our Attorney and Solicitor
Generall, what may be legally don by us for the
uniting the strength of our said colony of Connec
ticutt, and the adjacent colonys, for the defence
and security of our subjects in those parts, against
the French, and haveing presented to us the opin
ion of our said Attorney and Solicitor Generall,
that we may constitute a chief commander, with
authority to comand or order such proportion of
the forces of each colony as we shall think fitt, and
further in time of invasion and approach of the
enemy, with the advice and assistance of the Gov
ernours of the colonies, to conduct and command
the rest of the forces for the preservation and de
fence of such of our said colonies as shall most
stand in need thereof, as by our order in our coun
cill, dated the nineteenth day of Aprill last, upon
the report of our said Attorney and Solicitor Gen
erall in this matter, which order, or a duplicate
thereof you will herewith receive, is more at
large sett forth, our will and pleasure is, that in
the execution of the powers of your said commis
sion for the command of our said Militia of Con
necticutt, you do not take upon you any more then
in time of warr to command a Quota, or part of
the Militia of our said colony of Connecticutt,
not exceeding the number of one hundred and
twenty men, which we have thought fitt to signifie
our pleasure to the Governour and Magistrates

S24 Letter from Queen Mary,
of our colony of Connecticut, to be the measure
of the assistance to be given to our said colony,
and you are not to command or draw out any
more of the said Quota of the Mihtia of our s'd
colony of Connecticut, then you shall in proportion
command or draw out from the respective Mili
tias of the adjacent colonys, except in cases of
iminent danger of an actual invasion of the ene
my, in which case our will and pleasure is, that
with the advice of the Governour of our said col
ony of Connecticut, you conduct and command
the rest of the forces of that our colony for the
preservation of our said colony, or of such other
of our adjacent colonies, as shall most stand in
need thereof, you takeing care that you do not
leave our said colony of Connecticut unprovided
of a competent force, for the defence and safety
thereof. And we not doubting of the ready and
carefull obedience of our good subjects in our col
ony of Connecticutt, to our Royall determination,
in a matter wherein the security and preservation
of all our good subjects within our said colony,
and the parts adjacent, is so much concerned, we
have signified our {Pleasure to the Governour and
Magistrates of our said colony, that as occasion
shall require, they give obedience to our said com
ission and the powers and authorities thereof, to
be executed in such manner as is herein directed.
And so we bid you farewell. Given at our Court
att White Hall, this twenty-first day of June, 1694,
in the sixth year of our Reigne.
By her Majesties command,
J. TRENCHARD.

Letter from Queen Mary. 225

A Letter from her Majesty Queen Mary, relative
to the Militia of Connecticut.
Marie R.
Trusty and well beloved, wee greet you well :
Haveing received your humble petition, presented
unto us by Major General Fitz John Winthrop,
your agent, humbly praying that our Comission to
our trusty and well beloved, Benjamin Fletcher,
Esqr. our Governour of our province of New
York, for the comand of the militia of our colony
of Connecticut, may receive such explanation and
restriction, as in our Royall justice and wisdome
we shall think fitt, wee being well pleased with
your dutyfull submission to our Royall determin
ation herein, and haveing great care and tender
ness for the preservation and security of all our
loveing subjects, as well within our colony of Con
necticut, as other our adjacent colonys, wee have
refferred the consideration of the said petition to
the Lords of our Privy Councill, appointed a com
mittee of trade and foreigne plantations, who
haveing consulted our Attourny and Solicitor
Generall what may be done by uss for the uniting
the strength of our said colony of Connecticut
and the adjacent colonys, for the defence of our
subjects in those parts, against the French, and
haveing presented to us the opinion of our Attocir-
ney and Solicitor Generall thereupon, that we
may constitute a chief commander, with authority
to command or order such proportion of the for
ces of each colony as we shall think fitt, and fur
ther in time of invasion and approach of the
enemy, with the advice and assistance of the
Governours of the colonys, to conduct and com-

226 Letter from Queen Mary.
mand the rest of the forces for the preservation
and defence of such of our said colonys as shall
most stand in- need thereof, as by our order in
Councill, dated the 9th day of April last, upon the
report of our Attorney and Solicitor Generall in
this matter, which order, or duplicate thereof, you
will herewith receive, is more at large set forth.
Wee have thereupon further signified our pleasure
to our said Governour of New York, that in the
execution of the power of his said comission, he
do not take upon him any more then duering warr,
to comand a quota or part of the mihtia of our
said colony of Connecticut not exceeding the
number one hundred and twenty men, which we
do heartily think fit to signifie our pleasure to be
the measure of the assistance to be given to our
said colony, with speciall directions to our said
Governour of New York, that he do not comand
or draw out more of the said quota of the mihtia
of our said colony of Connecticut, then he shall
in proportion command or draw out from the
respective militia of the adjacent colonys, except
in case of iminent danger of an actual invasion of
the enemy, in which case we have further direct
ed him, that with the advice of the Governour of
our said colony, he conduct and comand the rest
of the forces of that our colony, for the preserva
tion of our said colony, or of such other of our
adjacent colonys as shall most stand in need
thereof, he takeing care that he do not leave our
said colony unprovided of a competent force, for
the defence and safety thereof, and not doubting
of your ready and chearful obedience to our Roy
all pleasure, in a matter wherein the security and
preservation of all our good subjects, within our
said colony of Connecticut, and the places adja
cent, are so much concerned ; wee do hereby

Letter from Queen Mary. 227
require and command you, as there shall be occa
sion, to give obedience to our said Commission,
and the powers and authoritys thereof, to be exe
cuted in such manner as we have directed our
said Governour of New York, according to the
signification of our pleasure as aforesaid. And
the said Major General Fitz John Winthrop, will
upon his arivall, inform you of our gracious inten
tions to continue our Royall protection to you and
all our subjects of that our colony, and particu
larly in what may relate to the preservation of
the peace, welfare and security of the same, and
maintaining your just rights and priviledges,
wherein your said agent has been as well very
zealous and carefull in your behalf, as diligent in
soliciting our Royall determination in the matter,
which we thought fitt to left you know ; and so
wee bid you hearty farewell.
Given at our Court, at White Hall, this twenty
first day of June, 1694, in the sixth year of our
Reigne. By her Majesties Command,
J. TRENCHARD,
To our trusty and well beloved, the Governour
and Magistrates of our colony of Connecticutt, in
New England, and for the time being.

328 Letter from Gen. WirOjirop, '

Letter from Gen, Winthrop to the Governour and
General Assembly of the Colony of Connecti
cut,
Hon'ble Sr —
My letter of the 4th of June, and my last of the
16th of July, doe containe the acc't of yo'r affaires
here, soe far as could then be attayned ; and my
hopes of being dispatched at Court in a little
tyme, soe that I have now onely to present that a
few days since, I have received their Majesties
gracious letter of the 21st of June, which since
that date has been in the hands of the Secretary
of State ; wherein their Maj'ties have been pleas
ed to explayne their Commission to Coll, Fletcher,
and restraine it within the bounds of a quota in
time of war, and is noe more then yourselves have
formerly sent forth for defence to your neighbor
Governments, I know not what can more re-es
tablish and confirme the Charter, then their Maj'
ties gracious expressions, and intentions to main
taine your just rights and priviliges, which is fully
set forth in the enclosed letter to Coll, Fletcher.
And I may let you know the Lords of the Coun
cill are yett satisfyed with your present adminis
trations, and you stand faire at court, soe far as
I can iinderstand, I hope their Maj'ties letter will
remove all former misunderstandings, and settle
the minds of the people in all respects ; I am forst
to omit some perticulers which might be inserted
herein, haveing been some dayes under much
indisposition, and doe with great difficulty write
.this letter, and can onely farther add that I finde
it impossible to returne with this oportunity ; an
order of Councill is sent to the Commander of the

Letter from Gen. Winthrop. 229
sbip who caryes the souldiers to New York, to
-sayle with the first winde, and their Maj'ties letter
being soe lately delivered to me, makes it impos
sible to be ready in soe few dayes by me, and soe
must wait for the first opportunity in the spring ;
in the meane tyme I shall be early here to -doe
all the service I can if any thyng offers for your
advantage, I have not omitted any opportunity
to promote your interest, and have done all I can in
the trust comitted to me ; and if it be acceptable to
yp-urselves, I shall alwaye thank God for the oppor
tunity he has given me to serve my country, I shall
hope to heare from yorselvas by every opportunity,
and am much uneasy that I have not received
one word from yourselves since I come into
England, many gent'm here have rec-eived Letters
by New York and severall other ways ; a vessill
arrived here last weeke in a month from Boston,
but I have noe letter therein, I gave yo'r hon'r
acc't in my last what mony I had taken up here,
to be repaid at Boston, which I hope will not be
forgot, and shall medle noe farther till I hear from
yourselves, beheving you will care for me as is
fitting, I have now only to ask your prayers for
Gods favour and protection, that I may be pre
served here ; and safely returned to yourselves,
which with the presentment of my humble ser
vice to your hon'r the Dept,' Gov'r and Gent'm of
the Councill, ie all at present but the assurance
that I am Your most faythfull serv't,
J. WINTHROP,
London, Aug. 2d, 1694.

20

230 Address to William HI.

Copy of an Address from the Governor and coun
cil <f the Colony^ Connecticut, to his Majesty
William 3d.
To the most High and Mighty Prince Wm. the
3d, of England, Scotland, France and Ireland,
King, Defender of the Fayth, «fee.
Your Ma'ties Humble, Loyall and obedient sub
jects, the Governo'r and councill of your colony
of Connecticutt in most humble wise, upon our
bended knees doe thankefully acknowledge your
Ma'ties grace and goodness to your subjects in this
colony, your Ma'ties speciall favour expressed in
her late Ma'ties princely Letter of the twenty-first
of June 1694, in the sixth yeare of your Ma'ties
reigne in granting such restrictions to Col. Fletch
ers commission as in your wisdom you saw meet,
as allso therein was manifested to us your Royall
intentions to continue your Royall protection to
this colony in the mayntayning of all our just rights
and priviledges ; your Ma'ties grace and bounty
to us therein layes a firm obligation upon our
hearts to manifest our duty and loyalty to your
Ma'tie, according as we are allways bownd ; and
by reason of the providence of God frowning up
on us this last year by frosts and unseasonable
weather thereby taking from us our most princi
ple graiiie, cuting us so short that we canot fetch
in such supply as in other yeares, as allso the con
stant expence of ammunition we are under in
mayntaining our Fortes and in the necessary re
liefe we often affoard to our frontier towns' and
your Ma'ties Government of New Yorke, we hum
bly pray that of your Royall bounty your Ma'ties
would please to bestow some arms and ammuni
tion upon us, whereby we may be inabled to de-

Letter from John Povey, 231
fend ourselves with other of his Ma'ties good sub
jects and destroy your Ma'ties enemies, which is
the end for which we desire them, and the onely
way we shall improve them, and your petitioners
shall ever pray for your Ma'ties prosperity, long
life and the increas of your glory here and forever,
Hartford Octob'r 28,-1695.

A Letter from John Povey, Esqr. relative to the
discovery of a conspiracy to assasiinate his
Majesty, White Hall, the of March, 1695.
Sr — Enclosed you will receive a letter from
the Lords of the councill, upon occasion of the
happy discovery for assassinating his Majesties
person, and invadeing this Kingdom from France,
the King's Speech and Proclamation, with the ad
dress of the Lords and Comons, will inform you
of the perticulars so farr as is yet made publick ;
but many of the conspirators haveing been seiz
ed, some of them are to be brought to tryall this
week, and others suddenly after, in order to be
brought to justice, when al things relating to this
conspiracy, will be laid more open, I am Sr your
most Humble Servant, John Povey,
To the Houn'ble the Governour of his Majes
ties Colony of Connecticott, in New England, in
America.

232 Letter from Lord's of Privy Council.

A Letter from the Lords of the Privy Council^
relative to the plot for assassinating his Majes
ty.After our hearty commendations. It haveing
pleased Almighty God to extend his mercy to these
Kingdoms, by the continued instances of his di
vine protection, whereof at this time we have had
a most signall evidence by the happy discovery of
a traiterous and wicked designe against the life of
his most sacred Majesty, by assassination, and for
the subdueing these Kingdoms by the French, in
conjunction with other conspirators, many of whom
are secured, in order to be brought to speedy jus
tice. As the attempt of our enemies have been
disappointed by the preparations that have beea
made against them by sea and land, wee do here
by in his Majesties name, and by his express com-
mand, signifie the same to you, that you may
forthwith make known.so wonderfull a deliverance
to all his Majesties good subjects, under your Gov
ernment, the perticulars whereof^ and proceedings:
thereupon, are more at large sett forth in the;en-
closed papers ; and because upon this occasion,
and for the better manning of the Royall Fleet, to
oppose the enemy, his Majesty hath found it ab
solutely necessary to lay a generall embargo for
some time, upon all shipps outward bound, and
trading to his Majesties plantations ; wee have
thought it requisite to dispatch this express to you
for the preventing any malicious or mistaken in
formations, and for the satisfaction of the inhabi
tants of the said plantations ; not doubting but
you and they will heartily joyne with us, in expres
sions of thanks to Almighty God, for. so great a
blessing in the preservation, of his Majesties sa?>

Letter from William Blathwayt, 233
cred person and Government, And so we bid
you heartily farewell— From the Councill Cham
ber at White-Hall, this tenth day of March, 1696-6.
Your Loving Friends,
BOLTON,
SCHONBURGH «& LUNITER,
DEVONSHIER,
WILLIAM BLATHWAYT,
SHREWSBURY,
J. BRIDGEWATER,
BATHE,MONTAGUE,
H, GOODRICKE,
J, B AS C A WEN,
To our Loving Friends the Governour and Ma
jistrates of his Majesties English Colony of Con
necticott, in New England, for the time being.

A Letter from the Right Honorable William
Blathwayt, Secretary of State.
White-Hall, the 21st April, 1696.
Sr — Upon the discovery of the late horrid con
spiracy against his Majesties sacred person and
Government, an association has been entered into
and signed in Parhament, and by the severall coun
ties and corporations in England, and a bill is hke-
^se past both Houses to oblige all persons in of
fice and publick trust to do the same, I send you
therefore the enclosed form as propper to be en
tered into, and signed accordingly withiii your
*20

234 Form of Association entered into.
Government, which you will promote as a mark
of the steady loyallty and effection of the subscri
bers to his Majesty and the present Government
I am Srs, your Excellencies most Humble Ser
vant,
WILLIAM BLATHWAYTE,
To the Houn'ble the Governour and Majistrates
of his Majesties Colony of Connecticott, in Amer
ica,

The Association entered into by the Governour and
Council of the Colony of Connecticut.
Whereas there has been a horrid conspiracy
formed and carried on by Papists and other wick
ed and traiterous persons for assassinating bis Ma
jesties Royall person, in order to incourage an in
vasion from France on England, to subvert our
Religion, Laws and Liberty : Wee whose names
are hereunto subscribed, do heartily, sincerely and
sollemnly profess, testifie and declare, that his pres
ent Majesty, King William, is rightfull and law-
full King of the Realms of England, Scottland
and Ireland, and that neither the late King James,
nor the pretended Prince of Wales, nor any other
person hath any right whatsoever to the same,
and we do mutually promise and engage to stand
by, and assist each other to the utmost of our
power, in the support and defence of his Majes
ties person and Government, against the late King
James and all his adherents. And in case his
Majesty come to any and violent or untimely

Letter from Lords of Privy Council. 235
death, (which God forbid,) wee do hereby further
freely and unanimously oblige ourselves to unite,
associate and stand by each other in revenging
the same upon his enemies, and their adhereants,
and in supporting and defending the succession of
the Crown, according to an act, made in the first
year of the reigne of King William and Queen
Mary, intitled "an act, declareing the rights and
liberties of the subject, and setling the sucsession
of the Crown," ROBERT TREAT, Governour,
JOHN ALLYN, Assistant,
SAMUEL MASON, Assistant,
NATHANIEL STANLEY, Assistant,
CALEB STANLEY, Assistant,
MOSES MANSFIELD, Assistant,
JOHN HAMLIN, Assistant,
ELEAZER KIMBERLY, Secretary,
Hartford, Sept, 2d, 1096,

A Letter from the Rt. Hon. the Lords of his Ma
jesties Privy Council, relative to the prepara
tions of the French against America.
After our hearty commendations — Whereas in
formation has been given that the French are
making preparations by shipping and otherwise
for an attempt against some parts of America,
and have put on board a considerable quantity of
arms for that purpose, wee have thought fitt by
this express to notifie the same to you, to the end
you may give the necessary orders for putting all
things in the best posture of defence that may be,

236 Opinion of Jhomas Trevor.
within your Government, and that you assure the
inhabitants thereof that such speedy assistance
will be sent from home, as the state of affairs at
home shall permitt, with perticular regard to the
exigencys they shall lye under ; and so not doubt
ing your utmost care and vigilance herein, we bid
you heartily farewell.
From the Councill Chamber at White Hall, this
20th day of April, 1696, in the 8th year of his
Majesties reigne. Your loving friends,
H, GOODRICKE.
J, BOSCAWEN,
J, SMITH,
J, BRIDGEWATER,
STAMFORD,SCARBOROUGH,
MONTAGUE,
To our loveing friends the Governour and Ma
gistrates of his Majesties English colony of Con
necticutt, in New England, for the time being.

The opinion of Sir Thomas Trevor, about the
Narraganset Country.
To THE Right Hon'ble,
the Com'rs for Trade and Plantations —
May it pleas§ your Honours — In obedience to
an order of refference of the Right Honnourable,
the Lords of the Committee of Trade and Plan
tations, signified to me by Mr. Povey, the 32d of

Opinion of Thomas Trevor. 237
May, 1695, upon the Petition of Wait Winthrop,
and others concerning the settlement of the
Kings Province, or Narraganset Bay, in New
England, I have considered of the said Petition, and do
finde that King Charles the second, by Letters
Pattents, bearing date the 23d day of Aprill, in
the fourteenth year of his reigne, granted to the
Governour and Company of Connecticutt, and
their successors, Narragansetts Bay in New Eng
land, together with all firme lands, soyles, grounds,
havens, ports, rivers, waters, fishings, mines, min
eralls, precious stones, and all and singular other
commodities and jurisdictions whatsoever ; re
serving to his Majestie, his heirs and successors,
the fifth part of the oare of gold and silver only.
That after the said grant, vizt in July 1663, the
said country of Narragansett Bay, was by Letters
Pattents granted to the Governour and Company
of Rhoad Island Plantation. But I am humbly
of opinion, that this grant to Rhoad Island is void
in law, because the country of Narragansett Bay
was granted before to Connecticutt, and that
therefore the Government of Narrogansetts Bay
doth of right belong to Connecticutt, and not tq
Rhoad Island, All which is submitted to your
Honnours great wisdome.
THO, TREVOR.
October 28th, 1696,

238 Francis Pemberton's Opinion.
July, 1663, DOCQUETT, Rhoad Island, &c. )
Corporation, j
His Majesty is hereby graciously pleased to in
corporate severall persons of the colony of Road
Island and Providence plantations, in New Eng
land, into one body politick, by the name of the
Governour and Company of the English colony of
Rhoad Island and Providence Plantations in New
England in America, and to grant them the several
lands, powers, priviledges and authorities, and with
such non obstanters, and clauses as was directed to
be inserted by Warrant under his Majesties sign
pianual to Mr, Attorney Generall, procured by Mr,
Secretary Morrice,

Sir Francis Pemberton's opinion in the case of the
purchasers and proprietors of lands in the Nar
raganset country.
The Case,
King James the First in the twentieth year of
his reigne, by letters pattent, incorporated the
Duke of Lenox and divers other persons, by the
name of the great Councill of Plymouth, here in
England, for the planting ruleing and governing
New England, in America, and grants to them
and their successors, all the lands, &c, in Amer*

Francis Pemberton's Opinion. 239
ica, between forty and 48 degrees of northerly
lattitude. The said Councill of Plymouth, who never had
possession of said land, the 2d of April, 1635,
Grant to M, H,* and his heirs all that part and
portion of the main lands of New England, begin
ning att the mouth of the Connecticutt river, and
from thence to Narraganset river, to be accounted
sixty miles in length and breadth, and all Islands
within five leagues distance of the premises.
About the same time the said grant was made
to M. H, or soon after, severall persons, his Ma
jesties subjects, living in New England, (but with
out any notice or knowledge of the said grant to
M, H,) purchased of the Indian Princes and oth
ers, the true and naturall owners and proprietors
thereof, divers parcells of land,' lying within the
hmits of the said grant to M, H, as is now pre
tended, particularly an Island called Rhoad Island,
and great part of a tract of land called Connec
ticutt, Narragansett, Warwick and other places ;
and in the years 1659, and 1660J other parts of
the Narragansett country, which places have been
possessed by the said purchasers and those derive-
ing from them ever since the said severall pur
chases, and the said purchases have bin always
approved by the severall Governments there, and
never disallowed or disapproved of here, and sev
erall towns have been built, many farms and plan
tations settled, great treasure laid out, and several
discents cast,
M, H, nor his heir or any deriveing from him,
have never had possession, nor laid out any thing
upon the premises, nor made any claime in the
said country untiil the year 1683, which was about

*Marquis Hamilton,

240 Francis Pemberton's Opinion.
48 years after the said grant, the said heir by his
Attorney claimed the said lands at Boston in New
England, which is above 70 miles from the prem
ises, and in another country.
The heir of said M, H, after three score and
two years, demands the said premises, or a quit
rent, 1, Quere. — Whether the heir of said M, H.
there haveing been no possession in the said M.
H. or heir, nor purchase by them frpm the Indi
ans, the owners of said lands, nor any thing ex
pended by them in the settlement thereof, may by
law recover the premises, and oust or eject the
said purchasers and proprietors who are now in
possession, or force them to pay a quit rent.
Upon consideration of this case, I am of opin
ion that the purchasers of these lands and grounds,
who bought of the Indian Princes, the heirs and
assigns of those purchasers have a good right to
those lands and grounds, and the buildings and im-
proyements thereof, and that the heir of M, H,
after such purchases, and so long and quiet enjoy
ment of them under those purchases, ought not
upon such a state demand without any possession
or claime (for I look upon that pretended claim at
Boston, as idle and null) to recover any of the said
lands or grounds, or quit rents out of them,
2, Quere. — Whether the said purchasers and
those deriveing from them, haveing had so long
and uninterrupted possession, under a purchase
from the naturall owners, and with allowance and
approbation of the said Governments there, and
after so many towns built, treasure spent, and sev
erall discents cast, have not an undoubted and un
avoidable title to the said lands by them purcha
sed and possessed,
I am of opinion, that these purchasers by vertue

Letter to Gen. Winthrop. 241
of their purchasers and so long uninterrupted pos
session under them, have an undoubted right and
title to these grounds and lands, and the buildings
and improvement of them, and ought not now af^
ter so much money laid out upon them, and such
enjoyment of them, be disturbed in their possess
ion of them,
3. Quere. — Whether if the heir of the said
M, H, if he sues the said purchasers, ought not to
sue them in New England, where the lands in con
troversy lye «fcc,
I think regularly by the rules of our laws, any
action brought for these lands or grounds, and the
houses and buildings on them, ought to be where
the lands He.
FR PEMBERTON.
 1696.

Copy of a Letter from the Governor and General
AssemVy of the Colony of Connecticut, to Gen.
Winthrop, Agent of said Colony in England,
Hartford, OctoVr 1696.
Hono'rd Sir,
Your Letters of Decemb. 22,.'95, and of Feb,
5,.'95, and of May 23d, '96, are come safe to us,
and we rejoyce in them to hear of your welfare,
and that you are in a hopfull way of recovery from
a dangerous sicknesse, and doe count ourselves
greatly oblieged to bless and prayse the Lord for
his goodness and mercy to you and- us therein,
we had expectations of your return the last fall,
21

242 Letter to Gen, Winthrop,
but were disapoynted therein, but we know not
but it is for the best, and that by your stayeing
there, you may prevent some inconveniencies that
might otherwise have overtaken us, and especiall
now New York agints are at Court, and posibly
to move against us, and we doubt not but your
Hono'r will allways be ready as there is opportu-
nety to move at Court on our behalfe and to pre
vent the designes of any against us to o'r damage ;
Col, Fletcher is allways troubleing us with his
letters and calhng for o'r Quotae for his assist
ance, upon every flying report of Indians or oth
ers ; this sumer he sent for o'r Quoto of men, we
sent him sixty men under the comand of Capt,
Wm, Whiting, who marched so farr asWyante-
nak, (a place your Hono'r well knowes) and there
a post w'ch we sent to Albany to see what dan
ger they were in, he informed us that the enemie
were retreated and so he (for o'r ease) dismist
them, but as soon as they were come home he
sends for them again, but we could not learn any
great danger they were in, and our neighbours up
the river haveing been assaulted and 6 persons
slayn and 4 captivated and so at New Roxbury
the people being alarmed by the enemie, who kill
ed 2 men and 3 children, we sent forth about sixty
men to their releife who persued but could not
com up with them, since the enemie kiled one
neer at Hadley and shot at divers travelling be
tween town and town, and the people being dis
tressed by these things, sent to us for relief the
last week, and then we sent up forty men to their
assistance which must stay there till ye winter
comes in to prevent there passage over the lakes
and down our rivers, all which puts us to great
charge, and yet o'r neighbours on both hands do
not thinke we doe enough for them, and therefore

Letter to Gen. Winthrop. 243
there is very great need of your Hono'rs petition
ing his Ma'tie for redress against Col, Fletchers
unreasonable demands, that so we may playnly be
informed of o'r duty and be inabled to attend it,
and so be freed from the troubles of his demandos,
which are so often that we are faine to have so
many meetings to answer him that it brings charge
as well as trouble to us ; as we doe not fully un
derstand what Col, Fletchers agents have or will
object against us, but last year we sent sundry of
his letters and o'r answers, by which you will un
derstand something of ye manner of treating us ;
and at this time you will also receive some late
letters and demands of his, and our answers to
them, which will give you more light in these af
fayres, Sr we have allso inclosed an address to
his" Ma'tie which we request you to peruse, and if
you appro-rc thoroof to pr'cant hia Ma'tie with it,
and if you dislike it we leave it with you by good
advice to prepare and present his Ma'tie with an
address in o'r behalfes, and to doe what further
shall be needfull for you as o'r agent to doe for us,
Sr you may remember in o'r address to his Ma'tie
October 28, 1695 we petitioned his Ma'tie to be-
stowe some arms and ammunition upon us where
by we might be able to defend or'selves and neigh
bours and offend o'r enemies, but you mention
nothing to us in your letters, whither you did pre
sent it nor how it was accepted, therefore if it be
not don we desire you would doe it yet, for indead
we have great need, and we are disinabled of pro
cureing such supplyes as we need by reason of
the loss and damage we have received in o'r crops
these two last years, we hope his Ma'tie will be fa-
vowerable to us therein,
Sr we shall take care to send you some money
to enable you to attend o'r affayres, we are sorry

844 Letter to Gen. Winthrop.
o'r last hundred pownd sent, went into the bands
of the French ; we are now designeing two hun
dred pownd to you more, which we hope may
com safe to your hands, of which you shall receive
a more perticuler acc't.
Honored Sr, we are very sorry to understand
the discouragements you are under for want of o'r
letters, we fmd they have miscaryed in there way
to you, we should much rejoyce to see you here,
and then the trouble and care of letters would be
over, and we hope God in his good time will give
us opportunity of seeing you, and rejoycing to
gether with you in all that goodness God hath
shewen to you and us since you left us, and we
have thought meet to desire you, when you return
home to improve some trusty friend, that may
have an interest at Court that may upon any oc
casion defend o'r interest, and to acquaint ns what
may be advantagious for us, and how we are to
demean ourselves in all that trust that is comitted
to us by his Ma'tie in all affaires that doe con
cern his interest at home or abroad, approving
ourselves to be good and loyall subjects, v.hich is
all at present.
From your friends and servants, heartily desire-
ing and praying for your prosperity and welfare,
and safe returne in Gods time.
The Govern'r and Gen'ell Assembly of his Ma
jesties Colony of Connecticutt,

Letter from Lords of Com. of Trade. 245

A Letter from the Rt. Hon. the Lords of the
Committee of Trade, relating to the Militia of
Connecticut, <^c.
Gentlemen —
His Majesty haveing beeu frequently informed
of the regard which severall of the colonies con
cerned have had, to the Quota appointed by her
late Majestie of blessed memory, in the year 1694,
to be observed dureing this warr, for the defence
of the frontiers of the territories of the province
of New York, in the following proportions, viz : —
Connecticutt, ~ 120
Rhoad Island and Providence, 48
Massachusets, 350
Maryland, 160
Virginia, 240
New York, 200
Pensilvania, 80
And any part of the Militia of East ^
and West Newjerseys not excee- >
ding ) 700
1898
And his Majesty being at the same time sensi
ble of the necessity of that contribution, either in
men or money for the general security of his colo
nys on the continent of America ; hath comman
ded us to signifie unto all those above named, that
it is his pleasure they should each of them contrib
ute and pay their respective proportions to the
Government of New York, according to her late
Majesties foresaid regulation. We therefore re
commend it to your care, that in relation of the
colony of Connecticutt, his Majesties pleasure
21*

246 Letter from Lords of Com. of Trade,
therein be for the future punctually observed and
executed. His Majesty haveing also been informed by
complaints from severall hands, of the undue
methods practised in some of his colonies for se
ducing the inhabitants from others, and being sen
sible how much that practice is contrary to the
common interest of the whole, hath commanded
us to write unto the severall Governours or pov-
ernment of each colony, that they take care that
effectuall laws be made in each of their respective
Governments against the receiving and harbour
ing not only of deserters, but also of such fugi
tives as leave any of his plantations contrary to
the laws provided for the purpose in each planta
tion respectively; which therefore ws also now
accordingly recommend to-your observation.
And whereas his Majestie hath also received
complaints, that the entertainment given the py
rates in some of his colonies, and more particular
ly those under distinct proprieties, had occasioned
ill minded persons, seamen and others, to desert
their habitations and apply themselves to such
wicked and destructive courses, to the great weak
ening and dispeopleing of the colonies so abandon
ed by them, and to the great dishonnour of the
Enghsh nation, whereupon he hath also required
us to write to the severall proprietors and Govern
ours of all his plantations, that due care be taken
for the future, that no pyrates or sea robbers be
any where sheltered or entertained, under the se
verest penalties, we are obliged therefore to re
quire your strict care, as we do others, that all
manner of discouragement be given in the colony
of Connecticut, both to the rise and progress of
Buch undertakings, and that upon the discovery
thereof the offenders be punished according to the

Letter from Lords of Council. 247
Utmost severity of the law-^We are your very af
fectionate friends,
J, BRIDGEWATER,
PH. MEADOWS,
JOHN POLLEXFEN,
JOHN LOCKE,
ABR, HILL,
White Hall, February the 9th, 1696-7,
For his Majesties especial service.
To the Honnourable the Governour and Com
pany of his Majesties Colony of Connecticutt, in
America,

A Letter from the Right Hon. the Lords of the
Council of Trade, relative to Pirates, <^c.
Cockpit, March the 21th, 1697
Gentlemen —
Whereas great complaints have been made and
daily continue, of manifold mischiefs comitted of
late years, in the East Indias, and other parts of
the world, by pyrates and sea robbers; and of the
too favourable entertainment, prot_ection and en
couragement which it is notorious, have been giv
en to many of them in severall of his Majesties
colonys in America, both in their preparation and
fitting out from thence, and in their return thither,
as to a secure receptacle. His Majesty takeing
the same into consideration, together with the fur
ther consequences of such like perniceous practi
ces, which by the resentment of Princes and States

248 Letter from Lords of Council.
concerned and otherwise, will infalhbly more and
more tend to the prejudice of trade, and bring
great scandall upon the English name and nation.
And desireing that this evill may be at once effec
tually cured in the root and spring of it, hath there
upon been pleased to direct us to send unto the
Governours of all his plantations in America,
copies of an act past on the Island of Jamacia,
for restraining aiid punishing of Privateers and
Pyrates, which may be very usefull for that end,
and to require all his said Governours respectively,
to use their utmost endeavours with the assem
blies, in each of his said plantations, for the pass
ing of acts there to the same effect, and when
past, to be very vigilant in the exact execution
thereof. Wee therefore accordingly send you
herewith a copy of the said act, that his Majesties
pleasure may be punctually observed in the colony
of Connecticut, and that you may give us an ac
count of your proceedings therein — So we bid
you heartily farewell.
Your very loving fri^ds,
J, BRIDGEWATER,
PH, MEADOWS.
JOHN POLLEXFEN,
ABR, HILL,
WILLIAM BLATHWAYT,
For his Majesties especial service.
To the Honnourable the Governour and Com
pany of his Majesties Colony of Connecticut, in
America, Connecticut,

Letter from King William III. 249
A Letter fj-om his Majesty, King William the 3d,
concerning frauds in the Plantation Trade,
William R.
Trusty and well beloved, wee greet you well : —
Whereas, notwithstandtng the many good laws
made from time to time, for preventing of frauds
in the Plantation Trade, it is manifest that very
great abuses have been and continue still to be
practised, to the prejudice of the same, which
abuses must needs arise, either from the insolv
ency of the persons who are accepted for security,
or from the remissness or connivance of such as
have been, or are Governours of the severall plan
tations, who ought to take care that those persons
who give bond should be duely prosecuted in case
of non-performance, you are to take notice, that
we take the good of our plantations, and the im
provement of the trade thereof by a strict and
punctuall observance of the severall laws in force,
concerning the same, to be of so great importance
to the benefitt of this our kingdom, and the ad-
vanceing of the duties of our customs here, that if
we shall be hereafter informed, that at any tyme,
there shall be any failure, in the due observance
of those laws, within our colony of Connecticott,
by any willfull fault or neglect, on your part, wee
shall look upon it as an infraction of those laws,
tending to the forfeiture of our letters pattents,

250 Letter from William Popple.
for the Government of that our said colony. So
we bid you heartily farewell.
Given at our court, at Kensington, this 22d day
of Aprill, 1697, in the ninth year of our reign.
By his Majesties command,
SHREWSBURY,
To our trusty and well beloved, the Governour
and company of the colony of Connecticott, in
America — Connecticutt,

A Letter from William Popple, Esqr., to Gov.
Winthrop while in England, as Agent for the
Colony of Connecticut.
White Hall, Aprill the 23th, 1697,
Sir — The Lords Commissioners of the Councill
of Trade, have commanded me td send you the
inclosed copy of the petition of the Dutchess of
Hamilton, with his Majesties order in Councill
upon it, relating to the Narraganset country ; that
you may consider thereof, and offer to their Lord
ships in writing, (on Monday next in the afternoon,
or so soon as conveniently you can,) what reasons
you conceive the Governour and company of
Connecticutt have, why the prayer of the said
petition should not be granted,
I am, sir, your most humble servant,
WM, POPPLE.

Petition of Dutches of Hamilton. 251

A copy of the Petition of Anne, Dutches of Ham
ilton, to the King.
To THE King's most Excellent Majesty —
The humble Petition of Anne, Dutchess of Ham
ilton, Daughter and heir of James, late Duke of
Hamilton, sheweth —
That yoi(r Petitioner, is by vertue of an antient
grant, made to the said James, Duke of Hamilton,
intituled to a tract of land in America, formerly
called the county of New Cambridge, and now
known by the name of the Narragansett country,
or the Kings Province, and to severall islands
adjacent thereunto, as by the annexed state of the
case may more fullyappear ; which said tracts of
lands your petitioners father intended to settle,
untiil he was prevented by the rebellion in Eng
land, wherein he espouseing the royall cause of
King Charles the first, lost his life, leaving your
petitioner very young, duering which warr, and
your petioners minority, severall persons pos
sessed themselves of the best, and considerable
part of the said tract of land and islands, without
any title derived from your petitioners said father,
or herself, and have never paid any quit rent, or
made any acknowledgement for the same, though
your petitioner and her late husband, William,
Duke of Hamilton, made frequent claims to it
after the restauration of King Charles the second,
and offered, as your petitioner still does offer, to
confirme to the planters, their respective settle
ments under such reasonable acknowledgments
as are paid by other planters in the hke cases.
Your petitioner therefore most humbly prays
your Majestie to give order, that she may be es-

252 Order in Councill.
tabHshed in her right to the said tract of land, and
that the said inhabitants may pay her such quit
rents for her lands they have taken upp, as your
Majesty in your great wisdome shall think just,
and that the residue of the lands unimproved may
be put into your petitioners possession, and your
petitioner will ever pray,
A true copy.
WILLIAM BRIDGEMAN,

His Majesties order in Councill, upon the petition
of Anne, Dutches of Hamilton.
At the Court at Kensington, )
the 22d day of April, 1697, \
Present,
The Kings most excellent Majestie in Councill.
Upon reading this day at the Board, the humble
petition and case of Anne, Dutchess of Hamilton,
daughter and heir of James, late Duke of Hamil
ton, his Majesty takeing the same into his Royall
consideration, is pleased to order in Councill, that
the said petition, and case, (copies whereof are.
annexed,) be, and are hereby referred to the Right
Honnourable, the Councill of trade, for their con
sideration, and to report the state of the matter
with their opinion, what they conceive his Majes-
^e may fitly do therein, for the honnourable peti
tioners just satisfaction.
WILLIAM BRIDGEMAN.

Case of Dutches of Hamilton. 253

t

A Letter from Wm. Popple Esqr., to Gov, Win
throp, enclosing a copy of the case of tJie Dutch
es of Hamilton, relative to Narraganset coun
try. White Hall, Aprill the 26th, 1697.
Sir — According to your desire I send you here-
withall a copy of the case of the Dutchess of
Hamilton, and am thereupon commanded by the
Lords Commissioners of the Councill of Trade,
to desire you to dispatch your answer thereunto
without delay,
I am sir your most humble servant,
WILLIAM POPPLE,

The case of the Dutches of Hamilton, presented to
the King in Council,
Third November, 1620, King James the first,
by Letters Pattent, incorporated the Duke of
Lenox, Marques of Buckingham, and divers oth
ers, by the name of the great Councill of Plym
outh, in the county of Devon, for the planting,
ruleing, ordering and governing New England, in
America, and grants to them and their successors,
all the lands, &c, in America, lying between forty
and forty eight degrees of northerly lattitude, and
all islands, seas, rivers, creeks, inlets and havens,
within those degrees, reserving only a fifth part of
the oar gold and silver,
22

254 Case of Dutches of Hamilton.
Twenty second Aprill, 1635, the great Council!
of Plymouth, reciting the letters pattent above, in
performance of an agrement amongst themselves,
and for a competent summ of money, grant to
your petitioners father, James then marquess ot
Hamilton, (afterwards Duke of Hamilton,) his
heirs and assigns, amongst other things, all that
part and portion of the main lands of New Eng
land, beginning at the middle or mouth of the
entrance of Connecticutt river, and from thence
along the sea coast to the Narragansett river or
harbour, to be accounted sixty miles in length and
breadth, and all islands and isletts, as imbayed as
within five leagues distance of the premises, and
abutting upon the same or any part thereof, not
otherwise granted by any by speciall name, and
appoints the premises to be called from thence
forth by the name of the county of New Cam
bridge, 1636, the Duke of Hamilton sent over an agent
to survey and settle the country, but the civill warr
beginning soon after, and the Duke of Hamilton
being engaged in the Kings service, had no further
leisure to look after his interest in America ; and
the revolt of those colonys from the King, made
it impracticable for him so to doe.
The Duke of Hamilton lost his Hfe for the King,
and leaving your petitioner, his daughter and heir,
under age, whose misfortune, as well as minority,
incapacitated her to assert her right,
Duering this time severall persons from other
adjacent colonies settled themselves on the peti
tioners lands, without any legall authority derived
from her or her father,
1664, after the restoration of King Charles the
second, the late Duke and present Dutchess of
Hamilton, made their claime by petition to the

Case of Dutches of Hamilton, 255
King, who referred it to the Commissioners then
appointed to settle the affairs of New England,
to examine the petitioners title, and restore them
to their right, or to report their opinion to the
King, This refference did not arrive, till two of the
Commissioners, vizt Sr Robert Carr and Coll.
Cartwright were returned to old England; but
the other two Commissioners, Collonel Richard
Nicholis and Mr, Mavericke, in one thousand six
hundred sixty six, reported that the grant made
to the petitioners father, took in all Rhoad Island
colony and about half of Connecticutt, and that
the Sachems of the Narraganset country or King
Province, had in one thousand six hundred forty
four, (which twenty three years after the grant
from King James the first to the Councill of
Plymouth, and nine years after their grant to the
Marquess of Hamilton,) by a deed surrendered
themselves and country into the protection of
King Charles the first ; and that two of those
very Indian Kings delivered the same deed to
the Commissioners in one thcfUsand six hundred
sixty four, who thereupon entered into the country
in the name of King Charles the second, and
named it the Kings Province, and appointed Jus
tices of the peace to govern it till the Kings plea
sure were further known.
Notwithstanding this evasive report, taking no
notice of the petitioners claime, King Charles the
second issued out a proclamation, prohibiting all
persons to intrude or plant on the said Narrogan-
set country, to prevent the irregular settlements
which have since happened in that place, of which
the petitioner complains,
1682, King Charles the second appointed Mr,
Cranfield, Mr, Dudley, Commissioners for exam-

256 Case of Dutches of Hamilton.
itting the titles of all persons claiming right in the
Narroganset country.
The late Duke of Hamilton and the petitioner
haveing notice of this Commission, impowered
Mr Edward Randolph to exhibit their title before
Commissioners, but they had finished and sealed up
their report before he arrived there,
Mr, Randolph notwithstanding made his appli
cation to the Commissioners, and produced the
petitioners title before them, but the fleet being
then ready to sail for England, and the persons of
whom the petitioner complained, being then not
present, the Commissioners only made a short
report, that they had seen the petitioners grant,
and that it comprehended the greatest part of
Narroganset country, and that they had sent
copies of it to the planters who had intruded into
that country without title, that they return their
answer to England,
1687, Sir Edmund Andross, then Governour of
New England, received a Commission to make
further enquiry into the propriety of the Narro-
gaiiset country, who upon a full hearing of all per
sons then possessing that country, reports, that the
possessors had no legall title, but were intruders,
and that the grants of that country to Connecticutt
and Rhoad Island people, which were obtained
from King Charles the second, in one thousand six
hundred sixty two, and one thousand six hundred
sixty three, were got by surprize and false sugges
tions of some former grants, which he averrs in
that report were never made.
Of this Commission and report, the petitioner
had no manner of notice, and therefore could
make no claime before him, otherwise the peti
tioner makes no doubt but her title had been sus
tained at that time.

Case of Dutches of Hamilton. 257
Memorandum.
Upon the twenty ninth of Aprill, 1697, the Earle
of Aran delivered to the Councill of "Trade, an
other copy of the case of Ann Dutchess of Ham
ilton, in which the paragraph beginning, Mr. Ran
dolph, notwithstanding, &c., was altered in the
words following —
Notwithstanding, the Commissioners being clos
ed, upon the appHcation of Mr. Randolph, they
gave in an additional report in the year 1683,
wherein they declare, that they had summoned
the proprietors who made claime to the Kings
Province or Narragansett country, and in their
presence had read the copie of the Duke and
Dutchess of Hamiltons deeds, and heard Mr. Ran
dolphs pleas and improvements thereon, as agent
for the Duke and Dutchess of Hamilton, and have
also received the answer and defence of the said
proprietors, and at the same time they did also
order copies of the deeds of the Duke and Dutch
ess of Hamilton to be sent to the colony of Con
necticutt, to the end that they might make answer
thereunto, which was don in eighty three, and in
December following, the Governour and Councill
of Connecticutt, gave in their answer to the Duke
and Dutchess claime, which the petitioner is
ready to produce, with the reply thereunto.

22*

258 Memorial cf Gen. Winthrop,
Copy of a Memorial laid before the Lords of tlie
Council of Trade, by Gen, Winthrim, relative
to the Petition of the Dutches of Hamilton, to
the King,
To the Right Honnourable the Lords Commis
sioners of the Councill of Trade and Plantations.
The memorial of Major General Winthrop, agent
for his Majesties colony of Connecticutt, in New
England, In obedience to your Lordships commands, in
timated to me by Mr, Popple, that I should give
an answer to the Dutchess of Hamiltons Petition
and complaint to the King ; I humbly offer that
the matter of the said complaint concerns a great
number of people in New England, who as yett
have no notice thereof, and that all the deeds and
writings that serve to make out the title of the
persons in possession, to the lands in controversy,
are in New England,
That I have no instructions in the matter, nor
directions to appear for any of the persons con
cerned, but hope notice will be sent, and a con
venient time allowed them before any determin
ation, be had in a matter of so great weight and
concernment,
J, WINTHROP.
Aprill 30th 1697.

Letter from Lords of Council, 259

A Letter from the Lords of the Council of Trade,
relating to the Dutches of Hamilton's claim, the
controversy between Connecticut and Rhode Is
land, the Militia of Connecticut, ^c.
Gentlemen —
Wee send you herewith the duplicate of a let
ter that we writ you the 9th of February last, and
the copy of one sent you the 22d of April last,
both of which were delivered to Major General
Winthrop to be accordingly transmitted. And
he being himself about to return to you, we must
acquaint you that he has dilligently solicited all
things that concern the colony of Connecticutt. —
The Dutchess of Hamilton haveing renewed her
claime to the property of the Narragansett coun
try, we have delivered unto him copies of her pe
tition and case, upon which we haveing laid our
opinion before their Excellencies the Lords Justi
ces ; so soon as any resolution is taken thereupon,
either by their Excellencies or his Majesty, we
shall not fail to give you such notice thereof as
may be requisite. It haveing been impossible for
us to determine any thing upon the controversy
between you and Rhoad Island, about the Gov
ernment of the Narragansett country, because
nobody has appeared before us, on the behalf of
Rhoad Island ; we cannot but offer to you our
opinion, that an amicable agreement between your
selves about the boundaries of your two colonies,
may be for mutuall advantage, and thereupon ex
hort you (as them) to apply yourselves unto the
Right Honnourable Earl Bellemont, that he would
please to assist you on both sides, in the comprom-
izeing of your differences : which if it according-

260 Letter from Lords of Council,
ly succeed, then we desire you to send us over by
the first opportunity, authentick copies of your
said agreement ; that it may by that means be
made fixt and unalterable. But if through any
obstinacy, either on your part or theirs, our inten
tions in this method of a friendly compromise be
frustrated, we have then desired his Lordship to
give both you and them notice to send over agents
hither as early as may be, the next spring, in or
der to a finall determination of that matter, upon
a full hearing of both parties. His Majesty have
ing been pleased to appoint his said Lordship, the
Earl of Bellemont to be Governour and Com
mander in Chief of his Provinces of the Massa
chusetts Bay, New York and New Hampshire,
with powers also of Capt. Generall over the col
onies of Connecticott, Rhoad Island and other
places ; explaining however his Royall intention
therein, that in time of peace, the Militia within
each of the said colonies, be left to the Govern.
ment and disposition of the respective Governours
of the same ; yet so nevertheless that in case of
apparent danger or other exigency, his Lordship
do at all times take upon himself the superiour
command of those forces according to the tenor
of his comission, you are accordingly upon all oc
casions relating to the colony of Connecticott, to
give obedience to his Majesties pleasure therein.
Whereas the Lords spirituall and temporall in Par
liament, did by an address in their last session,
humbly represent to his Majesty, as a matter of
great importance both to this Kingdom, and to his
Majesties plantations in America, that the many
good laws, which have from time to time, been
made for the Government of the said plantations
should be strictly observed and putt in execution,
and in order thereunto did humbly propose to his

Letter from Lords of Council. 261
Majesty, that the severall proprietors of the plan
tations, where his Majesty hath no Governours of
his own nomination, may enter into security that
their respective Deputy Governours shall from
time to time observe and obey all instructions that
shall be sent to them from his Majesty, or any ac
ting under his authority, pursuant to the acts of
trade, relating to the plantations, and perticularly
(the colonies of Connecticott and Rhoad Island
and Providence plantation, having their Govern
ours and assistants chosen annually by the people
there, having no proprietors here in England, and
being become a great receptacle for Pyrates, and
cari;j'ing on severall illegall trades, contrary to the
acts for the Government of the plantations) that
the Governours of those severall places may
therefore be obliged to give the like security in
that behalf, his Majesty has thereupon been pleased
to direct the Right Honnourable the Earle of
Bellemont to require such security from the colo
ny of Connecticott, and we give you this notice
thereof, in order to your complyance with what
has been thus required by his Majestie, in pursu
ance of the said address of the Lords spirituall
and temporall in Parliament — So we bid you
farewell. Your very loving friends,
J. BRIDGEWATER,
PH: MEADOWS,
JOHN POLLEXFEN,
JOHN LOCKE,
ABR. HILL,
White Hall, August the 26th, 1697,
The Hon, the Governour and Company of his
Majesties Colony of Connecticott, in New Eng
land in America.

262 Letter from Lords of Council,

A Letter from the Rt. Hon. the Lords Commis
sioners of the Council of Trade, for publishing
the Peace between his Majesty and the French
King.
Gentlemen —
By order of their Excellencies the Lords Justi
ces, we send you here withall the Proclamation for
pubHshing the peace lately concluded between his
Majesty and the French King, upon the receipt
whereof you are required forthwith, to cause the
same to be solemnly published, in the usual places
within his Majesties territories under your Gov
ernment, and to give notice to all privateers and
comanders of ships throughout said Government
to cease hostilities with the French Kings subjects,
according to the tenor of the said Proclamation.
So wee bid you heartily farewell.
Your very loving friends,
J, BRIDGEWATER,
PH, MEADOWS,
JOHN POLLEXFEN,
JOHN LOCKE,
ABR, HILL,
GEORGE STEPNEY,
White Hall, October the 27th, 1697,
For his Majesties especial service.
To the Honnourable the Governour and Com
pany of his Majesties Colony of Connecticott, in
America, Connecticott.

Petition to King, ^. 263

Att a meeting of the Governour and Councill att
Hartford, December 24th, 1697,
By order of the Lords Commissioners of Trade
and Plantations, the peace between his Majesty
and the French King was this day published in
Hartford,

Copy of the Petition of John and Nicholas Hal-
lam to the King, and his Majesties reference of
the same to the Lords of the CouncH of Trade,
^c.
To the King's most Excellent Majesty —
The humble petition of John Hallam and Nich
olas Hallam, inhabitants of New London, in your
Majesties colony of Connecticut in New England,
Executors of the last Will and Testament of Ol
ive Liveen deceased, sheweth that the Right Hon
nourable the Councill of Trade, by their represen-
tacion bearing date the 9th March, 1698,-9, found
ed on an. order of your Majesty in Councill, to
consider your petitioners case, and represent to
your Majesty, that there had been an obstruction
of the course of Justice to your petitioners in the
courts of the said colony, and that it was your
Majesties inherent right to receive and determine
appeals from all your Majesties subjects in Amer
ica, that your Majesty thereupon by order in
Councill dated the said 9th day of March then
following, was graciously pleased to approve the

264 Petition to King, <^c.
said report, and to order that your petitioners case
and any other whatsoever that may hereafter hap
pen upon differences about private rights, be fair
ly heard and judged in the proper courts estab-
hshed in that colony, and that in case your peti
tioners or any other persons should think them
selves agrieved by the sentance or sentances which
may be there given, they may be thereupon ad
mitted to appeal to your Majesty in Councill, and
that in all such cases the Governour and Compa
ny of the said colony do take notice that it is the
inherent right of your Majesty to receive and de
termine appeals from all your Majesties subjects
iij America, and the said Councill of Trade, were
by the said order to signify your Majesties pleas
ure to the said Governour and Company accor
dingly. That the said order was sent over by the
said Councill of Trade to the said Governour and
Company, and by them rec'd and openly read in
their publick and General Assembly, as by affida
vit hereunto annexed, and by a certificate under
the seal of the said colony doth appear, and that
your petitioners did lately bring their suit in the
Prerogative court of New London aforesaid,
against John Winthrop Esqr,, Governour of the
said colony, and Edward Palmes Esqr,, Executors
named in the pretended last Will and Testament
of John Liveen deceased, for that the said John
Liveen was non compos mentis when he made
his said Will, and that the said Liveen by a former
Will, haveing no children of his own, bad given
his whole Estate to your petitioners, and to their
Mother, then wife of the said Liveen, And that
altho your petitioners did fully and plainly prove
insanity, yet the said court gave judgment against
your petitioners, whereupon your petitioners ap
pealed to the court of assistants, a Supreme court

Petition to King, ^c. 265
held at Hartford, in the colony aforesaid in May
last, where the said former judgment was affirm
ed. That your petitioners did their pray the ben
efit of your Majestys said order, and did desire
and demand of the said court an appeal to your
Majesty in Councill, but the said court did abso
lutely and positively deny and refuse the same,
and the said Winthrop, who is not only Governour
of the said colony, but one of the judges of the
said court, did then publickly declare no appeals
from thence should be allowed to your Majesty in
Councill, and before any should be allowed, they
would dispute that point with your Majesty, as by
affidavit annexed doth appear.
That your petitioners being deprived of the
benefit of yo'r Majestys said gracious order, by
the said courts contempt thereof, your petitioner,
Nicholas Hallam, hath been necessitated to take
upon him the fatigue and expence of a voyage
to England, in order to make further application
to your Majesty for their relief (of which your pe
titioners gave the defendants timely notice) as by
affidavit annexed appears, and to that purpose
your petitioner has brought over sufficient and au
thentick copies of all the papers and records in
the said cause, under the hand of the Secretary,
and the seal of the colony.
Your petitioners therefore most humbly pray
their said cause may be heard and determined by
your Majesty in councill, or that your Majesty
would be graciously pleased to give such orders
and directions on your petitioners behalfe, as that
your petitioners appeal may be allowed, and the
same heard and determined by your Majesty in
23

266 Letter from Lords of Council.
Councill ; and your petitioners, as in duty bound,
shall ever pray, &c,
JOHN HALLAM,
NIC, HALLAM,
August, 1798,

A Letter from the Right Honorable, the Lords of
the Council of Trade, relative to Pirates and
Privateers. White Hall, Oct, ye 25th, 1698.
Gentlemen —
We have received a letter in the name of the
Governour and Company of Connecticott, signed
by the Secretary, and dated the 27th January
last ; as also another signed by Major Genl, Win
throp your present Governour, dated the first of
July last, in which he sends us the copy of an act
of that colony against Pirates and Privateers, and
promises ye copies of the whole body of acts or
laws of that colony which we formerly desired,
the obligation that lies upon us to inspect the
laws of all his Majesties plantations i'n America,
and the frequent occasions we have <to do so,
make it absolutely necessary that yours be all of
them transmitted to us ; and therefore we again
repeat our desire, that it may be done in authen
tick form without delay, as for what relates per
ticularly to pyrates ; tho laws be necessary, we
observe that in most places, execution is more
wanted than laws. And therefore we recom
mend to you a vigilant care that all persons who

Letter from Lords of Council. 267
may be justly suspected of such practices be seized
and prossecuted with the utmost rigour that the
law will allow, for they deserve it all, and it is
notorious that many such do land, sometimes in
one place and sometimes in another, and remove
from colony to colony, or settle where they think
themselves most secure : which could not be done,
if the severall governments there, were so watch-
full as their duty requires them ; and we should
be glad to se som instance of your diligence in
that kind. We observe also that some sorts of
illegall trade have a great connection with pyracy,
perticularly that to Madagascar, from whence
East India comodities, pyratically taken, are
brought over to the plantations, and there con
nived at ; and this we have reason to believe the
colony of Connecticott is nof wholly free from.
The seizure of some East India goods that was
made, or endeavoured to be made, in the begin
ning of July last, by Capt, Culliford, at Stanford,
in Major Sellick's and his sisters houses, and the
opposition made thereunto, are an undeniable
proof of som sort of guilt, and we therefore desire
you to send us an exact account of that transac
tion, and to have a constant care in all these
matters, of what his Majesties service, and the
interest of England requires from you — so we bid
you heartily farewell.
Your very loving friends,
J, BRIDGEWATER,
PH, MEADOWS,
JOHN POLLEXFEN,
ABR, HILL,
For his Majesties especiall service, to the Hon
nourable, the Governour and Company of his
Majesties colony, in America, Connecticutt,

268 Bistruetions from Lords Justices.

Instructions from the Lords Justices of England.

Tho. Cantuar,
Somerset,Pembroke, E. S. S.
Marlborough, Rmnney, Orford.

By the Lords Justices.
^ Instructions for the Gov
ernour and Company of his
Majesties colony of Con
necticutt, in America,
* Given at White Hall, the lOtb day
I seal, I of Novr, 1698, in the twelfty yearof
A^,„^  1 his Majesties reigne.
His Majesty having been informed that the
Navall Officers, being the persons appointed by
the Governours in his respective plantations in
America, to talie bonds and give certificates for
clearing of ships, have generally neglected to com
ply with the direction of the late act of Parliament
for preventing frauds and regulating abuses in the
plantation trade, which requires their giving secu
rity to the Commissioners of the customs in Eng
land, for the due discharge of their trust, and it
haveing been further represented to his Majesty,
that beside the security which the said navall
officers are obliged by law to give, it would be
very expedient that (according to the constitution
of the customes in England which has provided a
controul upon the action of every officer imployed
therein,) the concurrence of the collectors ap
pointed by the commissioners of the customes in
his Majesties plantations, should also be necessary
to so important an act as that of signing certifi
cates for clearing of ships. His Majesty takeing
the same into consideration, is hereby pleased to
declare his will and pleasue, and you are accor
dingly hereby required, to take caie that the nava!

Letter from James Vernon. 269
officer or officers, in his Majesties colony of Con
necticutt in America, under your government, do
give security for the due discharge of his or their
trust, to such person as is or shall be appointed
by the comissioners of the customes for that pur
pose, according to the direction of the foremen
tioned act of Parliament, and likewise that you do
not admitt or allow any certificates signed by the
navall officer or officers aforesaid ; for the clearing
of ships within'his Majesties said colony of Con
necticott to be valid and effectuall, for that end,
without the concurrence of the collector appoint
ed there, by the comisioners of his Majesties cus
tomes. By their Excellencies command,
JA, VERNON,

A Letter from the Rt. Hon. James Vernon, one
of his Majesties Secretaries of State, for the
apprehension of Capt. Kidd.
White Hall, 23d November, 1698,
Gentlemen —
The Lords Justices being informed by several
advices from the East Indias, of the notorious Pi-
races comitted by Capt. Kidd, Commander of the
Adventure Galley, and of his having seized and
plundered divers shipps in those seas. As their
Excellencies have given order to the Commander
of the Squadron fitted out for the East Indias, that
he use his utmost endeavours to pursue and seize
the said Kidd, if hecontinife stillin those parts, so
23*

270 Letter from James Vernon.
hkewise they have comanded me to signifie their
directions to the respective Governours of the
colonies under his Majesties obedience in Ameri
ca, that they give strict orders, and take perticular
care for apprehending the said Kidd and his ac
complices, whenever he or they shall arrive in any
of the- said plantations, as likewise that they se
cure his ship and all the effects therein, it being
their Excellencies intention, that right be don to
those who have been injured and robbed by the
said Kidd, and that he and his associates be pros
secuted with the utmost vigour of the Law, You
are to be carefull therefore, duly to observe the
said directions, and if the said Kidd, or any of his
accomplices happen to be seized within the prov
ince under your Government, you are forthwith to
transmitt an account thereof hither, and take care
that the said persons, shipp and effects be secured,
till his Majesties pleasure be known concerning
them, I am Gentlemen, your most faithfull hum
ble Servant,
JA. VERNON.
To the Governour and Company of his Majes
ties Colony of Connecticott in America.
Note. — Capt. Kidd was an Englishman by birth, a mariner
of high reputation, and in the Reign of William 3d ha be
came master of a Privateer in the West Indies, with the char
acter of an adept seaman, a bold and daring officer. The
Governor of Barbadoes interceded with the Crown to give
Kidd power to suppress piracy and place him in the command
of a Government ship for this purpose. The Crown issued a
Commission to Capt. Kidd to that effect, with the title of Ad-
miral of England, dated Dec. 11,1695, with power to appre-
hend all pirates and freebooters and bring them to legal trial.
Indeed ao implicit was the confidence of the King in him at
that time, that he entrusted him with another Commission, that
of reprisals to take French Merchant ships, during the war
with England and France. In 1696 Kidd sailed from Eng-

Letter from James Vernon. 271
}?l'l toNew York, armed with thirty guns and about 80 men.
On his arrival at New York ho doubled his number of hands
a^d put again to sea. The first dishonest or piratical act of
Kidd was at Mabbeo, on the Red Sea, when he took a quantity
of corn ; after this, he soon pursued the life of a pirate, and a
more blood thirsty, daring and cruel one, did not sail the ocean.
He was for some time about the coast of Malabar, where he
plundered many small vessels and a Portuguese ship, and raur.
dered some of their crew. Soon after the ship Queda of 400
tons fell into his possession, a part of the cargo he sold for
$40,000. Kidd tlien sailed for Madagascar and became a terror
to his ownjcountrymen, as dangerous to the lives of his fellow-
men, and to the commerce of the world. The news reaching
England, the King oiferad a pardon, by proclamation to all pi
rates (excepting Capt. Kidd) who would report themselves be.
fore the 30th day of April 1699. A letter from England da
ted Feb. 10th, 1699, ordered all pirates taken in these Colonies
to be sent to England for trial, with the witnesses against
thera. The King having been informed that some pirates re.
turned from the East Indies had been secured, or rather their
effects, which by the aforesaid letter was ordered into the hands
of the Governor of New England and New York, with an ex
press order to send home Capt. Kidd, and others who had been
seized in several parts of the Plantations, for the purpose of
trying them in England. Capt. Kidd was apprehended at
Boston, secured with irons, and sent homo with others for tri.
al. He buried a chest of specie upon Gardners Island, which
was sent for and taken by the Governor of Massachusetts, af.
ter Kidds arrest. (A Mr. Gardner now occupant of said Is.
land, has in his possession a piece of cloth, (called gold cloth)
which was left there by Kidd himself, and which is yet in a
good state of preservation.)
They were tried at the Old Baily for piracy and murder,
found guilty, and soon hung at Execution Dock. Tradition
says their bodies were suspended in chains near the bank of the
River Thames, and there remained exposed for years, to dis
grace them, and deter others from tho crime of piracy. In the
early settlement of the Colony of Connecticut, it was a place
of resort and covert for pirates, particularly at the mouth of
Connecticut River ; so much so, that the General Court of this
Colony passed several acts upon the subject, to apprehend and
punish them . About the lime that Kidd was at New York and
Boston, (tho' his name is notmentionedjupon the record,) Cul
liford and other pirates, the friends and accomplices of Kidd,
were in the Atlantic, which probably caused the aforesaid let
ter to be transmitted to this Colony. But the ridiculous idea
that some have entertained, that the ill gotten gains of Kidd
were deposited in the Green Mountains of Vermont, or any

2T2 Letter from James Vernon.
other part of the interior of New England, which he procur.
ed at Malabar or elsewhere, is quite too contemptible to credit.
But that such a man existed and visited this coast the aforesaid
letter evidently proves, tho' it has often been denied — at least
doubted.

A Letter from the Rt. Hon. James Vernon, one of
his Majesties principal Secretaries of State, rel
ative to ships of force fitted out in Scotland.
White Hall, 2d January, 1698,-9.
GentleIuen —
His Majesty haveing received advice from the
Island of Jamacia that severall shipps of force,
fitted out in Scotland, were arrived at the Island of
St. Thomas, with an intention as they declared to
settle themselves in some parts of America, their
designe being unknown to his Majesty, least the
same should derogate from the treatys his Majes
ty hath entered into with the Crown of Spain, or
be otherwise prejudiciall to any of his Majesties
Colonies in the West Indias, his Majesty com
mands me to signifie his pleasure to you, that you
strictly enjoyn all his Majesties subjects, or others
inhabiting within the districts of your Govern
ment, that they forbear holding correspondence
with, giveing any assistance to any of the said per
sons, while they are engaged in the foresaid enter
prize, and that no provisions, arms, ammunition or
necessarys whatsoever be carried to them from
thence, or be permitted to be carryed, either in
their own vessells, or any other shipps or vessels

Letter from William III. 273
for their use. His Majesty requires that you do
not fail herein, but take perticular care that the
above mentioned directions be duly observed, and
that you send hither an account of your proceed
ings in the execution of these his commands.
I am Gentlemen, your most humble Servant,
JA. VERNON.
To the Governour and Company of his Majes
ties Colony of Connecticutt, in America.

A Letter from his Majesty William 3d, command
ing that all Pirates seized here shall be sent to
England, ^c. William R.
Trusty and well beloved, wee greet you well.
Whereas we have been informed that several Py
rates have been lately seized in our Plantations in
America, and it being necessary that due care be
taken for bringing them, and all others that may
in like manner be seized hereafter to condign pun
ishment, wee do hereby strictly cliarge and re
quire you to send hither in safe custody, all Py
rates, who are or shall be seized in oiir colony of
Connecticut, under your Government, at the time
of your receiving this direction, and also to send
the witnesses and other evidences upon which the
said Pyrates have been seized, and which may be
of any use towards their conviction here, that so
they may be tryed and punished according to law,
and in the mean while to take care that the goods

274 ^ Letter from Lords of Council.
and effects of the said Pyrates be secured, that
so they may hereafter be disposed of as shall by
law be determined.
Which method of sending Pyrates, together
with the evidences produced against them, and se
cureing their effects, you are upon pain of our dis
pleasure in Hke manner to observe from time to
time, as a standing rule, with regard to all the oth
er Pyrates that shall at any time hereafter, be sei
zed in our said colony of Connecticott,
And so wee bid you farewell — Given at our
Court at Kingston, the tenth day of February,
1699, in the eleventh year of our Reigne,
' By his Majesties command, JERSEY,
To our trusty and well beloved, the Governour
and Company of our Colony of Connecticut, in
America, Connecticut,

A Letter from the Right Honorable, the Lords
Commissioners of the Council qf^ Trade, rela
tive to his Majesties order in Council on the
Petition of Major Palmes and the Hallams,
White Hall, April the 24th, 1699,
Gentlemen : —
In pursuance of an order, made by his Majesty
in Councill, upon a representation which we laid
before him the 9th of March last, relative to the
petitions presented to his Majesty by John and
Nicholas Hallam, and by Edward Palmes and

Order in Council. 275
John Hallam, inhabitants of Connecticut, wherein
they complain of the obstruction of justice in that
colony ; we send you here enclosed, his Majesties
said order, and together therewith, we also send
you copies of both the said petitions, upon which
our representation was made ; and as you will
thereby fully understand, what it is that his Ma
jesty requires from you, you are further to take
notice that he expects your speedy and punctuall
obedience thereunto, as you will answer the con
trary. So we bid you heartily farewell.
Your very loving friends,
J, BRIDGEWATER,
PH. MEADOWS,
JOHN POLLEXFEN,
WILLIAM BLATHWAYT,
ABR, HILL,
To the Honnourable the Governour and Com
pany of his Majesties colony of Connecticott, in
America, Connecticut,

His Majesties order in Councill, concerning Ma
jor Palmes, and John and Nicholas Hallams
cases. '
At the Court at Kingston, )
the 9th of March, 1698, \
Tlie Kings most Excellent Majesty in Council.
Upon reading this day at the Board, a represen
tation from the Councill of Trade, in the words
following : —

276 Order in Council.
May it please your Majesty : —
In obedience to your Majesties several orders
in Councill of the 23d of February last, wee have
considered the petitions of John and Nicholas
Hallam, and of Edward Palmes and John Hallam,
inhabitants of your Majesties colony of Connecti
cut, thereunto annexed, relating to two perticular
cases, wherein they complain of the obstruction
of justice in the said colony.
And wee thereupon most humbly represent to
your Majesty, that tho the rights of either of the
said cases, do not appear unto us by any sufficient
proofs, and we cannot therefore offer any opinion
thereupon, yett nevertheless we humbly conceive,
that upon what has been sett forth by the fore-
mentioned petitioners about the denyall or ob
struction of the course of justice in your Majesties
colony of Connecticott, your Majesty may fitly
require the Governour and Company of the said
colony, to take care that no such obstruction of
the course of justice be practiced or allowed
amongst them ; but that the respective cases sett
forth by both the forementioned petitions, and
any other cases whatsoever, that may hereafter
happen upon differences between man and man,
about private rights, be fairly heard, and judged
in the proper methods of the courts estabhshed in
that colony, and that in case the foresaid petition
ers or any of them, or any other persons do
think themselves aggrieved by the sentance or
sentances which may be there given, they may
thereuppon be allowed to appeal unto your Ma
jesty in Councill, and that the copys of records
and other proceedings in all such respective cases,
be transmitted hither, in order to a finall hearing
and determination thereof, by your Majesty in

Order in Council. 2^7
Councill, it being the inherent right of your Ma
jestie to receive and determine appeals from all
your Majesties subjects in America, which never
theless is most humbly submitted,
TANKERVILLE,PH. MEADOWS,
WILLIAM BLATHWAYT,
JOHN POLLEXFEN,
ABR, HILL,
White Hall, March the 9th, 1698-9.

His Majesty in Council!, approveing of what is
proposed by the Councill of trade in the said rep
resentation, is pleased to order that the Governor
and Company of the colony of Connecticott be
required to take care that no obstruction of the
course of justice be practiced or allowed amongst
them, but that the respective cases mentioned in
the said representation, and any other whatsoever
that may hereafter happen upon differences be
tween man and man about private rights be fairly
heard and judged in the propper methods of the
courts estabhshed in that colony, and that in case
the petitioners in the aforesaid causes, or any of
them, or any other persons shall think themselves
agrieved by the sentance or sentances, which may
be there given, they may thereupon be allowed to
appeal to his Majesty in Councill, and that copies
of all records, and other proceedings in all such
respective cases be transmitted hither, in order to
a finall hearing and determination thereof, before
his Majesty in Councill ; and that in all such cases
thp Governour and Company of the colony of
Cfonnecticott do take notice that it is the inherent
right of his Majesty to review and determine
apeals from all his Majesties colonys in America,
24

278 Letter from James Vernoni
and that they do govern themselves accordingly,
and the Right Honnourable, ye Councill of trade,
are to signifie this his Majesties pleasure to the
Governour and Company of the colony of Con
necticut accordingly.
JOHN POVEY.

A Letter from the Rt. Hon. James Vernon, one of
^ his Majesties principal Secretaries of State,
relative to ships of force, fitted out in Scotland.
White Hall, June 18th, 1699.
Gentlemen: —
I signified to you, his Majesties pleasure in Jan
uary last concerning the Scotts, who had under
taken an expedition to the West Indias, the place
not being then known, in which they designed to
settle, and his Majesty being since informed, that
they have taken possession of the Bay of Cairat,
near the Bay of Darien, between Cartagena and
Porto Belle, and are fortifying themselves there,
seeming resolved to maintain it by force, against
the Spaniards, His Majesty considering this at
tempt as a violation of the treatys subsisting be
tween his Majesty and the Crowu of Spain-, com
mands me to acquaint you, that he expects his
former orders should be strictly observed, a du
plicate whereof, is therefore enclosed ; I suppose
upon the receipt of the first letters, you have
given all necessary directions that no correspond
ence should be kept with the said Scotch colony,
and that no provisions, amunition or other assist-

Commission to Henry Ashhurst. 279
ance should be furnisht them, or be suffered to be
conveyed to them, from any part of your govern
ment. His Majesty would have the same care
continued, so as the said orders may in all per
ticulars be fully obeyed and putt in execution,
I am Gentlemen, Your most humble servant,
JA, VERNON,
To the Governour and Company of his Majes
ties colony of Connecticut, in America,

Copy of the Commission sent to Henry Ashhurst.
*  # We the Governour and Gener'll
I * th'e"*^ 1 Assembly of his Majesties colony of
\ COLONY. I Connecticut in New England, have-
^  ^ ing received his Majesties comands
to make out our right unto the Gov
ernment of the colony comonly called Narragan
set Country, included within ye Charter of incor
poration, granted to us by King Charles the second,
and bearing date April 23d, in the 14th yearof his
reigne, and to shew that the colony of Rhoade
Island have no just claime to the Goverment of
ye said Narraganset country, by an agent deputed
for that end in our behalfe, Reposeing special
trust and confidence in you, Sr Henry Ashhurst,
Baronett, have nominated, chosen, desired, com
missioned and impowered, and do hereby fully
and clearly nominate, choose, desire, comission
and impower you the aforenamed Sr Henry Ash
hurst, Baronet, personally to appear before our

280- Canmiission to Henry Ashhurst.
Sovraigne Lord the King, or such others as under
his Majesty may take cognisance of the said
affaire j and unto them to make our right afore
said, and to answer and reply to all pleas, that
shall be made before them', by any agent or
agents, for his Majesties colony of Rhoade Island,
for the Government of the -said country, as be
longing to the said colony of Rhoad Island ; and
to transact whatsoever you have from us, or
from the Governour and Councill of this his
Majesties colony 4in instruction relating to the
said affaire, or whatever else shall by us be, or
by the said Governour and Councill, be commit
ted to your care, and you are farther hereby
impowered to appoint such other person or per
sons in your stead, as by you shall seem reason
able ; and whatsoever shall be lawfully done or
acted by you, or by any person or persons so
appointed by you in your stead, in any of the
premised matters, we will accordingly hold for
good. Dated in Hartford, in New England, the
15th day of October, 1699, in the 11th year of
the reigne of our Sovreigne Lord, William the
third, King of England, Scotland, France and
Ireland, &c,, and given under the seal of this his
Majesties colony of Connecticut, J. W„ Gov'r.
Signed by order of the Gen'll Assembly.
Eleazar Kimberly, Sec'ry>

Letter from Mr. Vernon. 281

A Letter from Mr. Secretary Vernon, relative to
Pirates and their effects, Capt. Kidd, ^c.
White Hall, November 30th, 1699.
Sir — His Majesty being informed that you have
secured the effects of some Pyrates that were re
turned from the East Indias, approves of your dil
igence in so doing ; and further commands me to
signifie his pleasure to you, that you put the said
effects, (whether they be in money or goods) into
the hands of the Earle of Bellemont, his Majesties
Governour of New England and New York, to
whom his Majesty has sent his orders about send
ing home Kidd and other Pyrates, who have been
seized in several parts of the Plantations, in order
to their being tryed here ; the ,said Earl of Belle
mont being hkewise intrusted by his Majesty to
convey hither all the effects belonging to the said
Pyrates, and to consigne them to the Lords Com
issioners of his Majesties Treasury, my Lord Bel
lemont has made a volluntary offer to transmit his
account upon oath, of all the goods he hath or
shall receive as belonging to Pyrates ; and his
Majesty thinks it fitt that those to whose hands
any of the said goods are come, should deliver
their accounts in the same manner, not doubting
but such as are in places of public trust, will be
ready to give all proofs of their integrity,
I am Sir, vour most faithfull humble Servant,
JA, VERNON,
To the Governour of his Majesties Colony of
Connecticut, in America, 24*

282 Henry Ashhursfs Memorial.
Copy of a Memorial relating to the Narraganset
Country, laid before the Lords of the Council
of Trade, by Sir Henry Ashhurst.
To THE Right Houn'ble
The Lords Com'rs of Trade and Plantations.
The humble memorial of Sr Henry Ashhurst,
Baronett, Agent for the colony of Connecticutt in
New England, humbly asserting the right of the
said colony to the Government of the Narrogan
sett country, in opposition to the claime made by
the Governour and Company of Rhoad Island,
Though it may not be absolutely necessary to
wards the decission of this controversy, to trouble
your Lordships with tracing back to the origenall
of that undoubted right, the Crown of England
hath to the Government of the said country of
Narrogansett ; we humbly crave leave to pre
mise, that the natives and inhabitants of that coun
try (before they received any particular scheme or
form of Government from the Crown of England)
made their apphcation to the said colony of Con
necticutt, desireing they would represent to his
sacred Majesty King Charles the Second, the
unanimous consent and desire of the Narrogan
setts to be under the jurisdiction of his Majestys
colony of Connecticutt, which was accordingly
don, and his Majesty was graciously pleased by
his Charter, bearingdate the 23d day of Aprill, in
the fourteenth year oT his Reigne, being the year
of our Lord 1662, to grant to the Governour and
Company of his Majesties colony of Connecti
cutt aforesaid, and their successors, all that part
of his Dominions in America, bounded on the East
by Narrogansett River, alias Narrogansett Bay,

Henry Ashhurst's Memorial. 283
where the said River falleth into the sea, and on
the North by the Massachusetts Plantation, and
on the South by the sea, in Longitude as the line
of the Massachusetts colony, running from East
to West, (that is to say) from the said Narrogan
sett Bay on the East, to the South sea on the
West, with the Islands thereunto belonging and
adjoining, together - with all firm lands, soyle,
grounds, havens, jurisdictions and priviledges there
unto belonging, as in and by the said Charter ready
to be produced to your Lordships will more fully
appear, to have aad to hold unto the said Govern
our and Company and their successors forever, in
free and comon soccage as of his manor of East
Greenwich, yealding and paying one fifth part of
all the oar of gold and silver, which should from
time to time be there dugg and gotten, as may al
so by the said Charter more fully and at large ap
pear. In pursuance of this gracious Charter, the Gen
erall Assembly of Connecticutt did make severall
orders in the year 1603 and 1664, and severall
officers for settling the Government of the said
country of Narragansett, on which foundation the
inhabitants thought themselves very happily set-
tledj-till some time after their quiett was disturbed
by the plaivtation of Rhoad Island, who as they
alledged had obtained a pattent from his said Ma
jestie King Charles the Second, in the year 1663,
in which the Government of the said country of
Narrogansett, as they alledged was comprehended,
and that the colony of Connecticut had no right
to the said Government, which claime of the
Rhoad Island tis humbly hoped vvill appear to
your Lordships groundless and not justifiable, up
on those following accounts,
1st, They must either affirme that the boiuids

284 Henry Ashhurst's Memorial.
of the country of Narragansett are not truly de
scribed in our Pattent, or secondly, that their ob
taining a subsequent Pattent is a revocation of
ours which was preceedent. As to the first of
these, tis humbly offered to your Lordshipps, that
in regard of the distance of the place, your Lord
ships would admitt of examinations taken from
antient natives of the Pequott and Narragansett
country, ready to be produced to your Lordships,
which agree with the bounds described in our said
Charter, And for a further confirmation of this
we beg leave to offer to your Lordships, the pro
ceedings upon a commission under the Royall
Signett, the seventh of Aprill in the thirty-fifth
year of his said late Majesty King Charles the
Second, a true copy of the jeturn of the proceed
ings, under the commissioners hands, being hke
wise ready to be produced to your Lordshipps, by
which it doth appear that in obedience to the same
comission, th6y the said commissioners had enqui
red into the bounds of the said country of Narro
gansett, and to whom the right of Government
did appertain, in order to make a true and certain
report thereof to his Majestie, and did according
ly certifie under their hands, that the bounds of
Narrogansett were agreeable to the Pattent or
Charter of Conuecticutt, and that they apprehend
upon due enquiry and examination had, that the
Government did of right belong to the colony of
Connecticutt. 2dly, If the said country and the bounds of it
be rightly described in our Charter, wee beg leave
to affirme, that the subsequent Charter, granted to
Rhoad Island, of any jurisdiction in the Narrogan
sett country is so farr from repealing or disannull
ing the former Charter granted to uss, that tis in
itself void and of no effect as to this particular, for

Henry Ashhurst's Memorial. 285
had his Majesty granted to any of his subjects of
England, a certain mannor,or lands in this Kingdom
of England to hold to the granted and his heyrs;
and after granted the same manner another and
his heirs, the second grant is void ; because the
King is by construction of law, supposed to be de
ceived in his grant, haveing at the time of the sec
ond grant no estate in him, and by consequence
nothing that can be transferred over to the second
granted. And tis humbly hoped your Lordshipps
will make the same construction of the Kings
grant in this case, that the Judges of common law
would do in a grant of lands within this King
dom, Wee further beg leave to remind your Lord
ships of the order of May 1695, by which your
Lordships were pleased to referr the matter of
law in the case now in question, to Sir Thomas
Trevor, his Majesties Attorney Generall, by whose
report ready to be produced by your Lordshipps,
he was pleased to signify his opinion, that the
Government of Narragansett doth of right belong
to Connecticutt, and not to Rhoad Island, If it
be further objected, that the bounds and limits of
Connecticuts jurisdiction, was settled between Mr.
Winthrop and Mr. Clark, agents for the severall
colonys of Connecticutt and Rhoade Island, to
this wee answer that tho it were granted, that a
collatterall agreement between two agents could
not enlarge or diminish the grant of the King, Yett
Winthrops agency after haveing obtained and sent
over the Charter, was fully determined. And
this supposed agreement was after that time, and
meerly his own act, without any instructions or
authority given him from the colony of Connecti
cutt, So that we humbly hope your Lordships
will not think this objection worthy of any further

286 Henry Ashhurst's Memorial.
answer. And lastly that your Lordshipps will
take such order as to your discretion shall seem
meet that a line may be runn, particularly descri
bing and setting out their bounds of jurisdiction to
the country of Narragansett, according to the lim
itations of their said Charter,
All which is most humbly submitted to your
Lordshipps great wisdome by
HENRY ASHHURST,

Copy of a Memorial presented to the Lords Com
missioners of Trade and Plantations, relative
to the appeals of Major Palmes and the Hal-
lam's by Sir Henry Ashhurst, Agent of the Col
ony of Connecticut.
To THE Right Honnourable —
The Lords Com'rs of Trade and Plantations.
The humble memorial of Sir Henry Ashhurst,
Barronett, Agent for the colony of Connecticutt in
New England, relating to severall appeals brought'
by Major Edward Palmes, and John Hallam and
Nicholas Hallam,
That the colony of Connecticutt have a full and
ample power of hearing, determining and bring
ing to a finall issue, all causes and controversies
that shall or may arise within that colony, we
humbly hope will fully and plainly appear to your
Lordships upon view of their Charter, which his
late Majesty King Charles the Second was gra
ciously pleased to grant unto the said colony, by
which his said late Majesty was pleased to appoint

Heni-y Ashhurst's Memorial. 287
a Governour and twelve assistants, with such oth
er freemen of their body corporate as should by
them be elected, to be the General Assembly or
Supreme Court of Judicature within the said col
ony. And that the said General Assembly should
further constitute and erect such other infejriour
Jurisdictions, or Courts of Judicature, and also
make and ordain such stattutes, laws and ordinan
ces as to them should seem meet, for the better
ordering and governing the said colony, and ad
ministering of equall and impartiall justice to ev
ery inhabitant thereof. In obedience to the direc
tion and appointment of the said Charter, the
Generall Assembly did constitute and erect seve
ral inferiour courts, and in particular one at New
London, for the tryall of all matters of right be
tween party and party, and to the end that no per
son should be without remedy, who might think
himself agrieved by the proceedings in such infe
riour court, they did further ordain, that upon com
plaint of any person in such a case to the General
Assembly, the cause should be again heard there
and finally determined.
This form and method of justice, as tis the most
speedy and effectuall, and most for the benefitt (if
not absolutely necessary to the subsistance) of the
said colony, so we humbly hope your Lordshipps
will allow it to be reasonable and lawfull and no
ways injurious to the prerogative Royal of this
Realm, tho it seems to exclude any appeal (prop
erly so called) to this Kingdom, and that for these
reasons, which are humbly submitted to your Lord
shipps, First, the distance of the place seems to make
it in some measure necessary that all causes be
finally determined there, for should the comon
course of justice be by way of appeal to this King-

288 Henry Ashhurst's Memorial.
dome, the expence must inevitably be great, what
ever the valine of the cause may be, or the cir
cumstances of the party, who prossecutes or de
fends it, and the event must be, that the poor will
be hereby oppressed, be his cause never so just,
besides the hazarding deeds and evidences, as well
as the lives of witnesses upon the seas, where
their evidence viva voce is requisite, is an inconve
nience which by the present establishment of jus
tice there, will be prevented. Your Lordships in
your great wisdom, cannot but be sensible that tis
none of the least of those great and many privi
ledges, on which we so justly vallue our English
Constitution, that we have justice administered at
our very doors, and this must needs be, as we see
by the happy effect, that it is a very great encour
agement to rich and wealthy traders in all our
neighbouring countrys to transplant their famihes
and treasures into this Kingdom, where the ac
quirements of their industry may be effectually
secured to themselves arid their posterity, without
the inconvenience of being drawn to a remoate
and forreign jurisdiction to defend their property
from the unjust claims of a litigious adversary, —
And if this priviledge be so dear to us in this King
dom, tis humbly hoped the colony of Connecticutt
will have your Lordshipps favour in insisting on it
for themselves, for the reasons abovementioned,
especially since there appears no president of any
appeal of this nature from the said colony from
t^e time of their incorporation to this day, and
considering, 2, ¦ Secondly, that this is agreeable to their said
gracious Charter, that they should have power ful
ly to determine all causes, without the delay,
trouble and expence of appeals elsewhere, for by
this they are expressly impowered to make all

Henry Ashhurst's Memorial. 289
kws, statutes and ordinances which shall be
thought necessary for the good government of the
colony, and if so ample a Legislative power be
vested in them, sure the executive power to putt
these laws in execution must follow of course, —
But to clear all doubts tis expressly named in their
Charter, with a strict injunction to all the inhabi
tants to be subject, and to the said laws, and who
soever disobeys those laws by seeking relief else
where, when they may by them in a regular course
have free and impartial justice, must be guilty of a
great contempt to this his -Majesties injunction so
expressly sett forth in his said Charter,
3, Thirdly, this priviledge of fully determining
all causes within the said colony, without any ap
peal elsewhere, is not inconsistent with, or repug
nant to the laws and statutes of this Realm ; wee
have many inferiour courts and jurisdictions in
this Kingdom, whose sentances in things apper
taining to their connusance, the sentance of the
General Quarter Sessions of peace, upon an ap
peal from the order of two justices as to the set
tlement of poor, is finall and conclusive, and this
for the quiett, as well as for the convenience of the
people, that they may have finall justice in their
respective counties. Nay one single Justice of
the Peace in severall matters relating to the Kings '
Revenue of Excise, gives a finall and decisive-
judgment, from which there is no appeal, and ma
ny other inferiour jurisdictions too tedious to lay
before your Lordships, have such a power upon:
necessary and weighty reasons, which in the re
spective eases are very obvious.
But here perhaps it may be necessary to obvi
ate one objection, which at the first sight may seem
to have som weight in it, vizt. Objection, if no ap
peals be allowed from the General Assembly of
25

29Q Henry Ashhurst's Memorial.
the colony of Connecticutt, this will make them
absohitely independent on the Crown of England,
Resp. To this we answer, that sucha consequence
is by no means necessary, for the true and proper
signification of an appeal in this case is a form of
judiciall proceeding, by which a suit or controver-
sie is removed in a judiciall way, from one inferi
our jurisdiction to a superiour; now altho no such
appeal were allowed to remove any proceedings
from the General Assembly of Connecticutt to ju
risdiction here in England, yett the prerogative of
the Crown of England- would be no way injured
hereby, for should there ever happen to be a to
tall corruption of the said Generall Assembly, so
that the inhabitants of the colony could not have
free and impartiall justice there (which is a thing
scarce possible to be supposed) and that this
should be made plainly to appear to his Majestie :
This would be a direct and positive forfeiture of
their Charter, and of the Royall franchise thereby
granted to them ; so that the colony would be
thereby disfranchised and again seized into the
Kings hands, this much we humbly submitt to-
your Lordshipps as an answer to the abovemen
tioned objection, and as to appeals in generall.
As to the particular complaints of Major Ed
ward Palmes, John Hallam and Nicholas Hallam,
the first of these complaints had an hearing at the
court of New London, and if any injustice had
been there don him, the Generall Assembly were
ready to have relieved him according to the set
tled laws of their colony. But in contempt of
their-jurisdiction, he positively refused to sett forth
his grievance before them in order to be relieved,
and since he has contemned the ordinary regular
course of justice 'tis humbly hoped your Lord
ships will not permitt him to proceed in such an

Henry Ashhurst's Memorial. 291
extraordinary and extrajudiciall way, especially
since it directly strikes at the fundamentall privi
ledges of the colony.
As to the other complaints, they have not so
much as begun or commenced any suit or claim in
any of the courts of the colony, butt would carry
the matter still further, to have no.t only appeals,
but even originall jurisdiction here in England, for
which we humbly hope your Lordships will se no
grounds, but rather by this in your great wisdom
will perceive how dangerous it is to break into the
furtherest bounds of the priviledges of any State
or colony, and perticularly in the case now before
your Lordshipps, since it may be a means to intro
duce further inconveniencies, and in fine a totall
subversion of the said colony.
All whicji is most humbly submitted to your
Lordships great wisdom, by
H. ASHHURST.
Note. — Although no date appears to the fore^tng memo
rial, various circumstances evince that it must have been in
1700. A number of persons, among whom were Edward
Palmes and the Hallams, had conceived the idea of obtain
ing a large tract of land, comprising the whole of the town
of Colchester, with parts of other towns adjoining. It ap
pears from the Colony records, that Uncas, (Sachem of th#
Mohegan Indians) in 1659, had ceded this tract of country
to Major Mason, who acted in the capacity of Agent of Con-
neeticut ; Mason, after this treaty with tJncas, surrendered
the ceded territory to the Colony. Some of his decendants
in connection with Palmes, the Hall&.ms and others, claimiiig
the transaction between Mason and the Colony as illegal,
concluded they should be able to recover the whole of the
disputed territory ; but upon trial of the case at New Lon
don, a decision was given in favor of the Colony ; upon
which the claimants appealed to England for redress of grie
vances, with but little success, as the judgments of the
Courts in Connecticut, were there confirmed.

292 Letter from Lords of Council.
A Letter from the Right Honorable, the Lords of
the Council of Trade, relating to appeals to the
¦ King and Council.
White. Hall, May 27th, 1700,
Gentlemen —
Wee are not a little surprized, that wee have re
ceived no answer from you to our letter of the
24th Aprill 1699, wherein we sent you his Majes
ties order in councill of the 9th of March forego
ing, relating not only to the particular cases there
in mentioned, but also to the general cases of jus
tice in the colony of Connecticot, and to appeals
from thence to his Majesty in councill, which let
ter we are well informed was dejivered to Colo
nel Winthrop, Governour of that colony, the 24th
of July last.
And whereas this long delay of yours to answer
our said letter gives us just reason to doubt of your
haveing rendered that speedy and punctual obedi
ence to his Majesties order, w'h we writt you was
expected from you by his Majesty as you would
answer the contrary ; and is at least a neglect of
your duty to inform us of your proceedings in a
thing which we so expressly recommended to
you ; we do therefore hereby once more give you
to understand that we wait with impatience for an
account of that obedience, which his Majesty has
required from you in so necessary a matter, that
we may accordingly lay your answer before his

Letter from Sec'y Vernon, <^c. 29S
Majesty for his further pleasure thereupon. So
we bid you heartily farewell.
Your very loving friends,
STAMFORD, LEXINGTON,PH. MEADOWS,
JOHN POLLEXFEN,
ABR. HILL,
GEO. STEPNEY,
JOHN LOCKE.
For his Majesties especial service.
For the Honnourable the Governour and Com
pany of his Majesties colony of Connecticut, in
New England, in America. Connecticut.

A Letter from the Rt. Hon. Mr. Secretary Vernon,
with a certificate from the Mayor of Plymouth,
concerning John Burley and Thos. Williams,
who were taken by a Pirate, 6/^.
White Hall, Oct. I3th, I'VOO.
Gentlemen : —
You will see by the enclosed copy of & certifi
cate, under the hand of the Mayor, artd seal of the
corporation of Plymouth, that Thomas Buriey,
mate, and John Williams, carpenter of the shipp
Orange, of Topsham, were taken out of her by a
Pyrate ship called the Morning Starr, and for
their usefuUness forceably detained by theni; if
therefore this shipp of Pyrates, of the said two
25*

294 Letter from Sec'y Vernon, ^'C-
persons should happen to be taken, and brought
into your Government, the Lords Justices are
pleased to direct, that they be not proceeded
against as guilty of Pyracy, but sent into England
with the first opportunity.
I am Gentlemen,
Your most humble servant,
JA. VERNON,
To the Governour and company of his Majes
ties colony of Connecticut, in America.

To all Christian people to whota these presents
of true testimonial shall come, I Richard Opie,
merchant. Mayor of the Bourrough of Plymouth,
in the county of Devon, send greeting : — Know
yee, that I the said Mayor doe hereby certifie and
make known, that on the day of the date hereof,
came and personally appeared before me, Thomas
Burley, Senior, of Plymouth, aforesaid, marriner,
a person very well known to me of good repu
tation, credit and honesty, who hath been com
ander and taken charge of several considerable
merchant shipps, belonging to this town of Plym
outh, and is the natural and legitimate father of
Thomas Burleyj Junior, of Plymouth, aforesaid,
marriner, aged twenty three years, or thereabouts,
and did voluntarily depose before me, . the said
Mayor, on the Holy Evangelist, in manner fol
lowing : That is to say, that his sonn Thomas
Burley, on or about the thirtieth day of May last
past, before the date hereof, (as he hath been
credibly informed,) sailed out of the Port of Top-
sham in the said county of Devon, mate of the
ship Orange, belonging to Topsham, aforesaid,
one John Hockaday, comander, of ten gunns, and

Letter from Seo'y Vernon, SfC. 295
about sixteen men, bound for Newfoundland, but
on or about the fifteenth day of July next follow
ing, in the lattitude of forty four degrees and
thirty one minutes, distant from Lundy about three
hundred and eighty leagues, was unfortunately
met with by a Pyrate (shipp) called the Morning
Starr, of twenty four gunns and an hundred men,
but of what nation or country this deponent
knoweth not, which shipp, the Orange, being
boarded by some of those belonging to the said
Pyrate, the said Thomas Burley, the sonn, was by
them forceably taken out of the said ship the
Orange, with one John Williams, carpenter of herj
and both of them made Prisoners and captives
aboard the said Pyrate, the Morning Starr, the
captain or chief commander thereof his name was
then unknown to the said Thomas Burley, the
sonn, as he gave the deponant an account of, by
letter dated at sea the fifteenth day.of July, 1700,
from on board the Morning Starr in the lattitude
of forty four degrees and thirty ope minutes, be
wailing his misfortune, being so taken, (and there
fore to be pittied) and the said deponent doth fur
ther depose, that the said Thomas Burley, Junior,
is the eldest sonn of the said Thomas Burley,
Senior, and hath been his mate several voyages
to the Newfoundland, and the streights, and that
his said sonn is a lusty slender young man, of a
fresh rudy complexion, he hath short curled flaxen
hair, round favoured, and hath dark brisk eyes.
In testimony whereof, I the Mayor have hereunto
not only subscribed my name, and caused the
accustomed seal of office of Mayorality, used
within the said Burrough to be hereunto affixed,
but the said deponent hath hereunto likewise
subscribed his name, the sixth day of September,

296 Order in Council.
in the twelfth year of the reigne of our Sovreigne
Lord, King William the third, over England, &lc.
Annoq Dom. 1700.
RICHARD OPIE, f'  f
Mayor, \ seal, I
Thomas Burley, 4~-~-''-~'#
Wee who have hereunto subscribed our names,
do believe all the contents of the above written
attestation to be true, as to the substance thereof,
and do reccomend the same to every one, whom
it doth or may concern, in favour of the said
Thomas Burley, both senior and junior,
H, TRELAWNEY,
HEN, HOOKER,
JOHN TRELAWNEY,
JOHN PAIGE,
THOMAS SWANTON,
JAMES YOUNGE,
T, HOLMES,

Att the Court at Kensington, )
the bth day of December, 1166. \
Present,
Tlie Kings most Excellent Majesty in Council.
Upon reading this day at the Board, the petition
of John Hallam and Nicholas Hallam, Executors
of the last will and testament of Olive Liven,
deceased, complaining of the Governour and
Company of the colony of Connecticut, in NeVv
England, for refusing to admitt the petitioners to

Letter from William III. 2W1
appeal from a sentance in a court of assistants,
held at Hartford in the said colony in May last,
contrary to an order from this board : it is ordered
by his Majesty in Councill, that it be, as it is
hereby reffered to the Lords Comissioners of trade
and plantations, to examine the matter of the said
petition and complaint, a copy whereof is here
unto annexed, and to report to this board, what
they conceive fitt his Majesty to do therein.

A Letter from his Majesty William 3d, concern
ing the contribution of money for erecting forts
for the defence of the province of New York,
also to the quota of men to be furnished for the
same.
William R.
Trusty and well beloved, wee greet you well :
Whereas it is requisite that the general security
of our plantations upon the Continent of America,
be provided for by a contribution, in proportion
to the respective abilities of such plantation ; and
whereas the northern frontiers of our province of
New York, being the most exposed to our enemy,
do require an extraordinary charge for the erect
ing and maintaining of forts, necessary for the
defence thereof, towards which we have lately
been graciously pleased to give the sum of 2500 lb.
sterling, and have also directed that our said
province of New York should exert the utmost of
their power in providing for those and the Hke
occasion. But it being yett further needfull that

298 Letter from William III.
our other plantations and colonys oh the Conti
nent, do also contribute to so great a work,
wherein their own security is so much concerned :
Wee do hereby signifie you, that the sum which
we have at present thought fitt to be contributed
by our colony of Connecticott, in proportion to
what we do now in like manner direct to be
supplied by our other plantations towards the
fortifications on the frontiers of New York, is
450 lb, sterling, and we do accordingly recom
end to you, that the said sum of 450 lb, sterling,
be furnished by our colony of Connecticut, for the
use aforesaid, to such person or persons as the
Earl of Bellemont, or the commander in chief of
our province of New York for the time being,
shall appoint to receive the same. And in case
the frontier of our said province of New York be
at any time invaded by an enemy ; you are also
upon the application of the said Earl, or the com
ander in chief of the said province, for the time
being, immediately to furnish a quota of men (or
money in lieu thereof,) from our colony of Con
necticut, according to the repartition herewith
sent you. And you are further to take notice,
that according to your behaviour in this occasion,
you will recommend yourselves to our Royall
Grace and favour. And so wee bid you farewell.
Given at our court, Hampton court, the 19th
flay of January, 1700-1, in the twelfth yearof our
reigne. By his Majesties command,
JA, VERNON,
To our trusty and well beloved, the Governour
and Company of our Colony of Connecticut, in
America, Connecticut,

An Act disannulling Charters, <^c. 299
The Quota of Men to be furnished by his Majes
ties respective Plantations on the continent of
America, towards the defence of the Frontiers
of New York, in case they be invaded by an ene
my. Men,
Massachusets Bay, 350
New-Hampshire, 40
Rhode Island and Providence Plantation,- 48
Connecticut, 120
New York, 200
East New Jersey, 60
West New Jersey, 60
Pensylvania, 80
Maryland, 160
Virginia, 240

1358

Copy of an Act for re-uniting to the Crown, the
Government of several of the Colonies and plan
tations in America.
Whereas by vertue of severall charters and let
ters pattents under the great seal of England,
passed and granted by severall of his Majesties
Royall predecessors, as also by his present Majes
tic, and the late Queen Mary of blessed memory ;
the severall colonies, provinces and plantations of
the Massachusetts Bay, New Hampshire, Rhoad

300 An Act disannulling Charters, 4rC^
Island and Providence plantations, Connecticutt in
New England, East and West New Jersey, Pen
silvania and the adjacent territories, Maryland, Car-
ralino and-the Bahama or Lucay Islands, in Amer
ica, have been granted unto severall persons, to
gether with the absolute government and authori
ty over his Majesties subjects, in those places,
whereby the grantees were not only made pro
prietors of' the soyle and lands comprehended
within the said places, &c, but also Lords and
Governours thereof, with fuir power of exercising
Royall Government and other jurisdictions over
the inhabitants thereof. And whereas the sever
ing of such power and authority from the Crown,
and placeing the same in the hands of subjects,
hath by experience been found prejudiciall and re
pugnant to the trade of this Kingdome, and to the
wellfare of his Majesties plantations in America,
and to his Majesties Revennue, arising from the
customes, by reason of the many irregularities
committed by the Governours of those plantations,
and by those in authority there under them, by in-
couraging and countenancing Pyrates and unlaw
full traders and otherwise.
Be it therefore enacted by the Kings most Ex
cellent Majesty, by and with the consent of the
Lords spirituall and temporall, and commons in
Parliament assembled, and by the authoritie of the
same, . That all and singular the clauses, inatters
and things contained in any charters or letters pat
tents heretofore passed under the great seal of
England, by and of his Majesties Royall prede
cessors, or by his present Majestie or the late
Queen, relating to the Government of his Majes
ties subjects within the said plantations, colonies
or places, or any of them, or within any other
plantation, colony or place in America, whereby

An act disannulling Charters, <^c 301
any power or authority is granted to any person
or persons from the crown, be, and hereby are
declared and enacted to be, utterly void and of
none effect ; and it is hereby further declared and
enacted, that all such power and authority, privi
ledges and jurisdictions shall be, and are hereby
reunited, annexed and vested in his Majesty, his
heirs and successors, in right of the crown of
England, to all intents and purposes as tho no
such Charter or Letters Pattents had been had or
made. Provided always that nothing herein con
tained, shall be construed to extend any ways to
alter, take away diminish or abridge the right or
title which any person or'persons, bodys politick
or corporate have, or lawfully may have or claime
to any lands, tenements or hereditaments, or any
other matter or thing (authority or Government
only excepted,) by vertue of the said, or any other
Charter or Letters Pattents, or by vertue of any
right or title derived from or under such Charters
or Letters Pattents, by any mean, assignment or
conveyances or otherwise howsoever. Provided
also, that nothing in this act contained,' shall be
construed to impower his Majesty, his heirs or
successors, to govern the said plantations, colo
nys or places or any of them, or the inhabitants
thereof, otherwise then according to the laws in
force in the said plantations and places respect
ively, not repugnant to the laws of England, and
such other laws and constitutions as shall .from
time to time be made by the Generall Assembly
of the said respective plantations according to the
severall and respective priviledges at any time
heretofore granted to the said severall plantations
and colonies respectively, by any Charter or
Charters, or Letters Pattents, under the great
26

302 An act disannulling Charters, SfC.
seal of England, and according to the usages in
his Majesties other plantations in America,
1701,
jVote. — The colony was at this time in tho most critical sit-
nation. It was not only in danger, and put to great expense in
consequence of the war, to defend, itself, but to still greater,
to defend the neighboring colonies of Massachusetts and New
York. It was continually harrassed by the demands of Joseph
Dudley, Esqr. Governor of Massachusetts, and also by the
Governor of New York and the Jerseys, for men and money,
as they pretended, for the defence of their respective Govern
ments. Governor Dudley, Lord Cornbury and their instru.
ments combined together to despoil the colony of its Charter.
It ppears from the letters and acts on file, that Dudley wish
ed to unite all New England under his own government. " He
had been connected with Sir Edmund Andross in the Govern
ment of New England, and was an enemy to all the Chartered
rights of the colonies, V^hile he was soliciting the Govern-
ment of Massachusetts, he had a view to the Government of
all New England. When he found in 1699, that Sir Henry
Ashhurst was appointed agent of Connecticut, he opposed his
undertaking the agency with all his influfcnce. He united all
his influence with the Court party, and the enemies of the col
ony to vacate its Charter. He so far succeeded, that in the
latter part of the reign of King William, the above bill or act,
was prepared for reuniting all the Charter Governments to the
Crown. Early in the reign of Queen Anne it was brought
into Parliament. Sir Henry Ashhurst viewing the act as
unjust, and subversive of the civil and religiotis rights of the
colony exerted all his influence against it. Sir Henry had
honorable connections whose influence at court was consider
able. They raised all the opposition to the passing of the bill,
in their power. It was pleaded that the colony had ever been
loyal and obedient, and if any irregularities, or inadvertencies
should finally be found in the Government, it would on the first
notice, undoubtedly be reformed. At the same time, the takin g
away of so many Charters, was at once calculated to destroy
all confidence in the Crown, in royal patents and promises ; to
discourage all further enterjjrise in settling the country ; these
and various other considerations operated so powerfully against
the bill, that it could not be carried through tho houses. 
Trum. Hist, of Con.

Henry Ashhurst's Petition. 303

Copy of the Petition of Sir Henry Ashhurst,
against the passing of the act for reuniting to
the Crown, the colonies and plantations in
America.
To the Right Honnourable —
The Lords Spiritual and Temporall,
The petition of Sir Henry Ashhurst, Barronet,
Agent for the colony of Connecticut in New
England : Humbly sheweth, — That there is a bill
depending before your Lordships, intituled an act
for reuniting to the Crown, the Government of
several colonies and plantations in America,
which will make null and void the Charter grant
ed to the inhabitants of the said colony by King
Charles ye second, dated the 23d of Aprill, 1662,
That by the said Charter, the Government of the
said colony is granted to the said inhabitants, and
it is so interwoven with their properties that it
cannot be taken away without exposeing them to
confusion, if not utter ruine ; that the said colony
lies at a distance from the sea, and the inhabitants
never accused of any male administration, pyrat-
icall or unlawfull trade, and that their case is dif
ferent from his Majesties other plantations.
Therefore your petitioner humbly prayes, that
he may be heard by his councill at the barr of this
honnourable house, in the behalf of the said inhab
itants, against the passing of the said bill, and your
petitioner shall ever pray, «fcc.

S04 Order from the King, <^.

Copy of an order of the Lords Spiritual and Temy
poral, that Sir Henry Ashhurst may be heard'
against the passing cf an act for reuniting to
the Crown, several Colonies and Plantations in
America. Die Sabbati,May 3d, 1701.
Upon reading the petition of Sir Henry Ash
hurst, Barronet, Agent for the colony of Connec
ticutt, praying that he may be heard by his councill
against the bill intituled, an act for reuniting to the
CroWn, the government of several colonies and
plantations in America ; it is ordered by the Lords
Spiritual and Temporall, in Parliament assembled,
that the Petitioner shall be heard as desired
against the bill, on Thursday next, at eleven
o'clock.
MATHEW JOHNSON,
Cler. of Pairllament,.

An order from the King, submitting the case of
John and Nicholas Hallam to his Majesty in
Councill, SfC, At the Court at Kingston, )
the 12thof June, 1701, \
Present,
The Kings Most Excellent Majesty.
Lord Arch B'p of Canterbury, Lord Keeper,
Lord President, Lord Chamburlain, Earle of
BERKEiiV, Earle of Rochester, Mr. Vice Cham-

Letter from Lords of Privy Council, 305
BERLAIN, Mr. Secretary Hedges, Lord Chief
Justice Holt,, Sir Henry Goodrickb,
Upon reading this day at the board, a repre
sentation from the Lords Commissioners for trade
and plantations, in obedience to an order the 5th
of December last, upon the petition of John and
Nicholas Hallam, complaining that the Governour
and Company of Connecticut had refused to
admitt them to appeal to his Majesty in Councill,
from a sentance past in the court of assistants of
that colony, in the month of May 1700, relating
to the last will and testament of John Liven of the
said colony, deceased. His Majesty in Councill
is pleased to approve of the said representation,
and accordingly to order, as it is hereby ordered,
that the appeal of John and Nicholas Hallam in
the present case be admitted ; the petitioners first
giving security, to prossecute the said appeal in
order to be beared before this board, the first
Councill day in February next, and to abide by
his Majestys determination in councill therein.
And his majesty is further pleased to order, that
authentick copies of all proceedings in the peti
tioners case be transmitted to this board, under
the seal of the colony of Connecticut, for his
Majesties better information herein, whereof the
said Governour and Company, and all others
whome it may concern, are to take notice, and
govern themselves accordingly.

A Letter from the Rt. Hon. the Lords of her Ma
jesties Privy Council.
After our very hearty commendations ; it have
ing pleased Almighty God, to take to his mercy,
26*

306 Letter from Lords cf Privy Council,
out of this troublesome hfe, our late Sovereign
Lord, King William the third, of most blessed
memory, and thereupon her Royall Majesty,
Queen Ann being proclaimed, we have tbought
fitt to signifie the same unto you, with directions,
that with the assistance of the Councill and other
principall officers and inhabitants of Connecticutt,
you proclaime her most sacred Majestie according
to the form here inclosed with the solemnities and
ceremonies requisite on the like occasions ; and
we do further transmit unto you, her Majesties
most gracious Proclamation, signifieing her Majes
ties pleasure, that all men being in office of Gov
ernment at the decease of the late King, shall so
continue as duering his late Majestys life, untiil
her Majesties pleasure be further known ; which
we do in like manner will and require you forth
with to cause to be proclaimed in the chief place
or places within your Government. And so not
doubting of your ready complyance herein \ we
bid you heartily farewell.
From the Councill Chamber at St. James's, this
11th day of March, 1701-2.
Your very loveing friends.
THO. CANTUAR, BOLTON,
N, WRIGHT, BURLINGTON,
DEVONSHIRE, SCARBOROUGH,
CARLISLE, STAMFORD,
MANCHESTER, R, FERRERS,
SOMERSET, JOHN POVEY.
To our loveing friends, the Governour and Ma
gistrates of her Majesties colony of Connecticutt,
in America, for the time being.

Letter Jrom Council of Trade, 4'C. 307
A Letter from the Rt. Hon. the Lords of the
Council of Trade, with the information of the
death of King William the 3d, ^.
White Hall, March the 19th, 1701-2.
Gentlemen : —
Upon the sad occasion of the death of his late
Majesty, King William of blessed memory, and
the happy accession of the high and mighty
Princess Anne, to the Throne of her royall ances
tors ; we send here inclosed the order of her
Majesties most honnourable Privy Councill, that
you may take care that her Majestie Queen Anne,
be accordingly proclaimed Queen of England,
Scotland, France and Ireland, and of all the do
minions thereunto belonging, in the most sollemn
manner, and most proper parts of her Majesties
colony of Connecticutt. And you are upon this
occasion to assure all her Majesties subjects in
the said colony, of her Majesties speciall care, and
protection, and to exhort them to do on their
parts what is necessary for their security and de
fence in the present conjuncture, and you are to
return a speedy account of your proceedings
herein. So we bid you farewell.
Your loving friends,
STAMFORD, JOHN POLLEXFEN,
LEXINGTON, MAT, PRIOR,
PH, MEADOWS,
Fdf her Majesties especial service.
To the Houn'ble the Governour and Company
*f her Majesties Colony of Connecticutt, in New
England, in America, or for the Governour and
Company of the said colony for the time being.

308 Letter from Council of Trade, ^c.

A Letter from the Rt. Hon. the Lords Comission
ers of the Council of Trade, with the copy of
the Petition of Benjamin Way, relative to five
men taken by Pirates.
White Hall, April the 4th, 1702,
Gentlemen : —
We send you here inclosed a copy of a petition,
with an' affidavit made upon it, relating to five
seamen, taken by a Pyrate, out of the John Galley,
and (as is believed) forcibly detained ; that in case
any of them shall happen to arrive in her Majes
ties colony of Connecticut, under your Govern
ment, you may have such regard to this testimony
of their innocence, as after other due examination,
shall appear reasonable. So we bid you heartily
farewell. Your very loving friends,
STAMFORD,
PH, MEADOWS,
JOHN POLLEXFEN,
MAT, PRIOR,
ABR, HILL,
For her Majesties especial service.
To the Honnourable the Governour and Com
pany of her Majesties colony of Connecticut, in
New England, in America, or for the Governour
and Company of the said colony for the time
being. Connecticut.

Petition of Benjamin Way. 303

7o the Right Honnourable the Lords Commission
ers for Trade and Plantations, the humble Pe
tition of Benjamin Way, of London, merchant,
sheweth : —
That whereas the ship John Gaily, Thomas
Warren, master, on a voyage to Madagasker and
other places in India, was in the lattitude of 36
degrees south, on the 9th of Aprill, 1701, surpriz
ed and taken by the shipp John, late of London,
200 tunns, 20 gunns, about sixty men, one Juet, a
Frenchman, commander, and plundered of cargo,
stores and provissions, and after being detained
four days, was on the 1 3th suffered to depart, but
Henry Berckley, Surgeon, Jos. Bartholomew,
carpenter, Thomas Jones, Henry Cesser and
WilHam Crawford, saylors, were forcibly stopt
and kept on board the Pyrate. Wherefore I,
your Petitioner, pray your Honnors that some
notice may be gi-ren to tho eovcral GovernOurs Of
her Majesties plantations and colonys abroad,
that if said ship be taken, or come in, those five
innocent men may not be treated as criminals.
And your petitioner shall ever pray, &c,
London, 2d April, 1702. CopiA.
Thomas Warren, master of the above shipp,
John Gaily, appeared before me and made oath,
the five named in the above petition, were as he
verily believes forceably stopt by the pyrates as
above declared.
THOMAS WARREN.
London, 8th April, 1702, Thomas Abnev, Mayor.

310 Letter from Earl of Nottingham.
Letter from the Rt. Hon. the Earl of Nottingham,
one of he.r Majesties principal Secretaries of
State, giving notice of her Majesties Declaration
of war against France and Spain.
White Hall, May 7th, 1702.
Sir — The Queen haveing been pleased to con
stitute me one of her principal Secretarys of State,
it is necessary that I should inform you of it, that
for the future you may direct to me, such letters
as relate to her Majesties service, and I desire
you from time to time, to acquaint me with such
things as occur in your parts.
And I am commanded to acquaint you, that her
Majesty has declared warr against France and
Spain, as you will see by the enclosed declaration,
and to signifie her Majesties pleasure to you, that
you cause it to be proclaimed in the places under
jrour Govexnment, that her subjects haveing this
notice, may take care to prevent any mischief,
which otherwise they might suffer from the ene
my, and do their duty in their severall relations
to annoy the subjects of France and Spain, I
must also acquaint you that the Emperour and
the States Generall, have also declared warr
against France and Spain,
I am your most humble Servant,
NOTTINGHAM,
To the Governour and company of her Majes
ties colony of Connecticut, in America.
Connecticutt.

Letter from Council of Trade, <^. 311
Letter from the Rt. Hon. the Lords of the Council
of Trade, directing the Governour and Company
to prepare for their security, and to render as
sistance to New York, ^c.
White HaH, Sept, the 15th, 1702,
Gentlemen : —
Her Majesty has been pleased, by order in
council of the 24th of August last, upon our rep
resentation relating to the defence and security
of all the plantations in America, expressly to
direct us to require you to take care that due pre
parations be made in her Majesties colony of
Connecticutt, for the defence and security of the
same against any attempt that may be made upon
it by the enemy duering this time of warr. And
likewise that in case of an invasion or appearance
of iminent danger, on the side of New York, you
do forthwith send assistance to that province, in
men or money according to former directions
given you on that behalf, this being her majesties
express command, and your own interest in the
safety of that colony, being also so much con
cerned in the observance thereof, your punctual
complyance with her Majesties pleasure in these
particulars is accordingly expected, so we bid you
heartily farewell. Your loveing friends,
ROB, CECILL, JOHN POLLEXFEN,
PH, MEADOWS, MAT, PRIOR,
For her Majesties especial service.
For the Hon, the Gove'r and Company of her
Majesties colony of Connecticut, in New England,
in America, or for the Go^'r and company of the
said colony for the time being, Connecticut,

312 Court of Election.
At a Court of Election holden at )
Hartford, May 11, 1704, \
It is ordered by this Court, that the frontier
townes hereafter named, are to be so accounted,
that is to say, Symsbury, Waterbury, Woodbury,
Danbury, Colchester, Windham, Mansfield, and
Plainfield, And shall not be broken up or volun
tarily deserted without application' first made by
the inhabitants, and allowance had and obtained
from this Court, nor shall any inhabitants of the
frontiers mentioned, having an estate of freehold
"in lands and tenements within the same, at the
time of any insurrection or breaking forth of warr,
remove from thence with intent to sojourn else
where, without libertie as aforesaid, on pain of
forfeiting all his estate in lands and tenements
lying within Such townships, to be recovered by
information of, and proof made by the select men
of such towne.
And it is further enacted, that no male person
of sixteen years old and upwards, that shall be an
inhabitant of or belonging to any of the townes
aforementioned, at the time of such warre or in
surrection, shall presume to leave such place on
penalty of ten pounds, to be recovered as afore
said, all which penalties to be improved towards
the defence of such place or places whereof such
person or persons were inhabitants.
It is ordered by this Court, that ten men shall
be put in garrison in each of those townes hereaf
ter mentioned, that is to say, Danbury, Woodbury,
and Symsbury,

Letter from Queen Anne. 313

Additional instructions to our trusty and well be
loved the Governor and company of our Colony
of Connecticutt in New England in America,
or to the Governor and Company of our said
Colony for the time being. Given at our Cas
tle at Windsor, the llthday of July, 1704, in the
third year of our reign.

Amne R.

Whereas by the third article of our instructions
to you according to several laws relating to the
trade and navigation of this our kingdom of Eng
land, and our colonies and plantations in America,
you are required to take care and give directions
that no goods or commodities whatsoever be im
ported into, or exported out of our said colony of
Connecticut, in any ships or vessels, but in such
whereof the master and three-fourths of the mar
iners at least are English, and whereas by a clause
in an act past the last session of Parliament, en-
tituled an act for raising recruits for the land forces
and marines, and dispensing with part of the act
for their incouragement and increase of shipping
and navigation. during the present war, (a copy
whereof you shall herewith receive,) It is enac
ted that during the present war and no longer,
the number and proportion of mariners to sail in
such ships or vessels, which by laws now in force
are limited to the master and three-fourths of the
mariners to be Enghsh, shall be enlarged to the
master and one moiety of the mariners at least to
be English, it is our will and pleasure, that you
take care and give directions, that the said act be
27

314 An Act raising Recruits, SfC.
observed in our said colony of Connecticut, dur
ing this present war accordingly. A. R.

Copy of a clause of an act past in the third year
of her Majesties reign, entituledan act for rais
ing recruits for the land forces and marines, and
for dispencing with part of the act for incourage
ment and increase of shipping and navigation
during the present war.
And whereas by the laws now in force, the
navigating of ships or vessels in divers cases, is
required to the master and three-fourth parts of
the mariners at least being English, under divers
penalties and forfeitures therein contained : and
whereas great numbers of seamen • are imployed
in her Majesties service, for the manning of the
Royal Navy, so that it is become necessary dur
ing the present war, to dispence with the said-
laws, and to allow a greater number of foreign
mariners for the carrying on of trade and com
merce. Be it therefore enacted by the authority
aforesaid, that during the present war, and no
longer, the number and proportion of mariners to
sail in such ships or vessels which by any law
now in force are hmited to the master and three-
fourths of the mariners to be English, shall be en
larged to the master and one moiety of the mar
iners at least to the English ; and that it shall and
may be lawful to, and for the owner or owners of
any such ship or vessel to navigate the same with
such mariners whereof the master and one moiety
of the mariners at least shall be Enghsh, without

Letter from Board of Trade. 315
incurring any penalty or forfeiture for so doing,
and without subjecting the goods or merchandize
laden on such ships or vessells to any. other cus
tomes, duties or payments than should have been
paid for the same, in case, the same ships or ves
sells had been navigated by a master and three ,
fourths of the mariners being English, any former
law or statute to the contrary thereof in any wise
notwithstanding.

Letter from the Lords of the Board of Trade.
Gentlemen : —
It having pleased Almighty God to give her
Majesty a compleat and glorious victory over her
enemies near the Danube, under the conduct of
his grace the Duke of Marlborough;* and her
Majesty having thought fit, in acknowledgement
of so great a blessing, to appoint a day of thanks
giving here in England, which, as it cannot be so
soon complyed with by you, we herewith inclose
to you the said proclamation with directions that
on receipt thereof you appoint a proper and spee
dy day to be kept by all her Majesties good sub
jects within her Majesties colony of Connecticut
* Battle of Bleinhem, fought on the 2d of August 1704,
The French and Bavarians, under Marshal Tallard, were
totally defeated, with the loss of 30,000 men, killed, wounded
or drowned in the Danube. The French Marshal, with
13,000 men were made prisoners. A large proportion of the
artillery and baggage of the French army, also fell into the
hands of the English,

31 6 Letter from Henry Ashhurst.
in like manner as is prescribed by the said
proclamation. And so we bid you heartily fare
well. From our office at White Hall August the 25th,
1704. Your very loveing friends,
PH, MEADOWS,
WM, BLATHWAYT,
MAT, PRIOR,
Gov'r and Company of Connecticut.

Letter from Sir Henry Ashhurst, to Governor
Winthrop.
Kensington, 9 September, 1704.
Hon'ble and worthy Sir —
My last to you was by Mr. Mulford, who was
in such haste yt he could not stay an hour for that
letter, but since I hear he is at Plymouth, I take
ye opportunity to write to you more at large, tho
both my letters may come to you pr the same
hand. Your Government being a Charter Gov'-
ment, and vipers among you that would destroy
their own native country, know those Govern
ments are not favoured at court, and when peti
tions and answers, references in appeals, bring
great grists to their mill, noe wonder if they are
incouraged heere ; you may see by the following
account the malice and spite of Hallam against
you and yt worthy Gentleman Mr. Saltonstall,-
to whom with much respect remember me. As to

Letter from Henry Ashhurst. 317
the acct, yt you desire, I cannot serve you to
give you particulars, for reasons you may guess ;
if you were neere mee you should have them ;
but this I will say, that ye solicitors bill, the
councill to both the hearing of Hallam's and the
reference came to about £60, I received no
petty charges nor any one attendance ; their bu
siness has cost Hallam and some body else above
£250 already, in this suite about the will, and if it
had not ben justly opposed by some Lords my
friends, Hallam did not expect, who did beleeve
what I said of the justnes of the cause, he would
have obtained a second hearing aboute the will,
se by the inclosed papers, which is a copy of his
petition for a second hearing, I have also inclos
ed the opinions of two of the best councelle we
have, fit to be judges of all these questions ; you
desired to be informed in reference to Hallams,
which is included in the compound charge men
tioned above, but this of Hallams hath cost me
about £10 since my last, I have also inclosed a
copy of his petition to the Queen's Councill about
his ship, and refuseing to give him letters of ad
ministration for his sister, and with these invidious
words, that you positively denyed appeales to
England, which you will read in this petition in
closed ; they granted him an appeal, he bringing
two affidavids yt you positively denyed any ap
peales to England, and they appointed a bearing
next October, and had some materialls, but is
now agreed to be put off untiil October next come
twelve month, and against then you must send
me full instructions, and if it be necessary a person
or two for evidence ; if the Lord spare my life I
hope this shall be the last trouble you shall have ;
the order, of counsel saith he shall give security
heer or else with you to abide the judgment, to
27*

318 Letter from Henry Ashhurst.
pay all the charges ; he hath given none here,
therefore if he doth not give sufficient security
with you, you must make oath of his refusall and
send over such affidavitts, I am sorry matters
transacted at court are so chargeable ; there is
noe geting reference of a petition without paying
£3 2s 6d, as to his comition under the great
seal w'ch hath cost £100 to the Queene, passing
the offices : the complaint of ye Indians, if you
make that appear to be a knavery I beheve they
will not have his other appeale : I do not doubt
but all these tricks will turn at last to the countrys
advantage. As to the account of the charge of
the colony for defending their cause in the house
of Lords, and other business respecting their
boundaryes and severall other things, that charge
is 100 pound at least : the agent for Hallam, is
agent for Rhoade Island, he has £40 pr year, be
sides all his ffees and his bills, and Mr. Phyps hath
had two hundred pound this year paid him pr Mr,
Partridge for Massecusets, I have one or two
very materiell things to write to you ; one is about
your mihtia ; it is the opinion of the best counsel
yt you have pr your Charter, power of your owne
malitia, w'ch Charter I hope you will long enjoy,
therefore if to the exposeing of your owne country
you are called by any of the Queenes Governors
to send out your own men, in a civil maner, rep
resent it to that Govern't and tell them you have
power by yo'r Charter, of yo'r owne malitia, and
that we serve so gratious a Queene, that would
have nothing done to the prejudice of any of her
people, but if you can spare them from your own
safety, and if any other colony wants them let
them have them if they will pay them. Against
winter you must expect that I shall attend the
Pariiament, against an act of ParUament yt will

Letter from Henry Ashhurst. 319
be attempted by your enemies not only to take
away your Charter, but also to get a corporation
settled by act of Parlm't heere under pretence of
bringing in navall stores to destroy all your trade,
both in New England, and in yo'r colony w'ch
will at last I fear ruine that interest of religion
w'ch cost your heroick ancestors soe deare, these
are things that require your speedy consultation
and I wish you effectually to arme me every way
to defend you against soe many attacks ; for if
you doe not, your children will feel the miserys
of so fatall a neglect ; those that are at this junc
ture against this expence, serve the interest of the
enemies of your Charter,
I am, with much respect,
Your most faithfull servant,
HENRY ASHHURST,
I doe think the whole country quacks were con
cerned in the business of Hallam's ; and I beleave
there was some part of the 100 pound for the
countryes service might have some reference to
Hallam, but it was but a smaU part.
Account,
To 4 years sallery for my agency lb, s. d.
and attendance in your service,
at £100 pr annum, 400 00 00
To mony expended in the service
of the colony, 100 00 00
To money expended in Hallam's
business, defending the two
suits laid out, 60 00 00
To the exchange of £100, paid
in New England, 35 00 00
£595 00 00

320 Letter from Henry Ashhurst.
Rece'd pr Generall Winthrops or
der pr two bills of exchange, £200 00 00
Recde, per Mr, Peter Serjaunt,
Boston, 100 000 00
Recde of Mr, Mason pr a bill
drawn upon you, 40 00 00
Recede pr a bill drawne payable
to Mr, Sewall, 100 00 00

£440 00 00

Rest due to me, this 15th Sept, 1704, 155 00 00
Because you complane of yo'r expence in this
warr, I am willing to take £100 to cleare this oc-
count to this day. You must excuse the bad wri
ting, the difficulty of geting papers must excuse
my blunders, I shall send a man to Plymouth to
forward this.
To Major Generall John Winthrop Esqr, Gov
ernor of Connecticutt,

Letter from Sir Henry Ashhurst to the Governor
and Council <^c. of Connecticut,
Kensington, ffeb. 15th, 1704-5
Honourable Sr.
And you the Govu'r, of ye Councill and
General Assembly of Connecticott.
My last to you was of the 9th of September,
with several papers and accounts sent you by

Letter from Henry Aihhurst. 321
Major Vaughan and Mr. Mulford, which I hope
is arrived safe — an imperfect coppy I here inclose,
about three weeks after they were set sail, Mr.
Dudley, ye old ffriend* of New England, and my
Lord Cornbury sent such letters and complaints,
and Mr, D, sent an opinion of the Attorney Gen
erall in King WilHam's time, yt you will see pr
ye inclosed, yt the Queen might send a Gov'r
of yo'r colony ; the Lords of the trade immedi
ately transmitted this information of D's and my
Lord Cornbury to ye Queen and councill, they
transmitted ye opinion to ye Attorney and Soli
citor Generall, one of them being my near kins
man, and the other a very honest man ; they
made a report yt, if ye case was so as D, repre
sented it yt, there was a defect in Gove'mt, that
yqji were not able to defend ye colony, and yt it
was in eminent danger of being possess'd pr ye
Queens enemies, in such a case she might send a
Gov'r for civill and military Gover'mt, yet not to
alter yo'r laws and customes-r-after this the Queen
sent for me into Oxfordshire, (I owning myself
yo'r publick serv't) to the reasons (If I have any)
why the Queen might not appoint a Gov'r over
yo'r colony, which I thot was taking from you all
yt was dear to you — I immediately left all my
concerns and came to town, tho I had a great part
of my estate to left yet, and is like to be upon my
hands, yet haveing put my hand to ye plow, I
would not look back again. If I had not enga
ged to serve you, for five times what you have
given me, I would not have taken so much pains,
as was absolutely necessary for me to do at this
juncture. It being agreed yt the Lord Cornbury
should have yo'r colony, and Dudley Rhoad Is-
* An ironical expression.

322 Letter from Henry Ashhurst.
land, as I was credibly informed, I have served
Rhoad Island, who are much more obnoxious
than you for the present. No wonder that D, uses
all ye interest he has, y 1 1 might not be yo'r agent,
since he has such designs in his head to take your
charter away. My Lord Pagett is my wives own
brother, who is going to ye Emperor Embassador
Extraordinary to make peace betwixt him and ye
Hungarian Protestants : a noble designe if effect
ed, he has great interest at court, and he assisted
me when I came to town, I had but six days al
lowed me to shew cause why a Gov'r should not
be appointed, I presented a petition to ye Queen
and then got thirty days time, and then having my
councill and all things ready, the hearing being
put off to ye 12th instant, was a double charge,
then I got two of the best councill in England,
both Parliament men, one of £1000 pr annum,
and the other a very great man. They both for
an hour and half defended yo'r cause ag't the At
torney and Solicitor Generall before the Queen
and Councill, I stood buffeting all the clamours
of D, by my councill and of all yt was charged
ag't you per D, my Lord Cornbury and Mr, Con-
"greve, and after the consideracion of the councill,
they came to this resolution, yt the Lords Com'rs
of Trade, out of all ye accusations offered (where
by they endeavoured to shew yt you had forfeited
yo'r charter) shoulddraw ye most materiall crimes,
and yt a copy of them should be sent to Coll. D.
and to my Lord Cornbury, ^nd to ye Gov'r of
Connecticott, and the Gov'r of Rhoad Island, yt
they should in a publick manner examine ye per
ticulars, and send affidavids of ye truth of the
ffacts, and ye best answers yt you can make to
them ; and to be sent hither if possible August
next. But w't your crimes are, they will accuse

Letter from Henry Ashhurst. 323
you of, I shall not yet hear these 14 days ; but
that you may be prepared I send you this notice
pr ship, yt I am told is just going away. There
is one Mr, Buckly, all by D's contrivance has sent a
large ffoHo book, which he calls pr ye name of
Will and Doom, or a History of the miseries of
Connecticott, under the arbitrary power of the
present Gover'mt, wherein he mightily commends
Sr Edmund Andres's Gov'mt, and says all ye ma-
litious things he possibly can invent with great
cunning and art, I have inclosed you ye memo-
riells drawn up to instruct my councill ; and what
the additionall instructions are you have allso,
which I drew myself, I desire you would consid
er, to make such answers as may once for all de
liver you from the like danger; remember ye Ca-
nanite is in ve land, as for yo'r laws differing from
ye laws of England, dont be discouraged at yt
but be sure yt they dont find you breaking the acts
of ParHam't concerning navigation, for yt binds
all ye Queens subjects every where. Therefore
you must be very strict in observing them, and be
sure yt they dont find you protecting of criminalls
or any yt defraud ye Queen, or saying or doing
any thing disrespectfull to her or ye Gove'mt. —
They lay strange things to yo'r charge, the heads
whereof I have here inclosed.
I am affrayed yo'r letters are intercepted, I
have had none from you since ye 5th of June last,
pray send me perticulars upon oath under yo'r
seal, of all ye charge yt you have been att every
year in defending yo'r own countrey, or assisting
others since the war began. The present charge
of this, has cost me £40. I hope you have paid
the £140 to Sewall, I shall draw this year £200
upon you, besides ye exchange payable to him for
ye corporation, which will pay ye £100 in arrears

324 Letter from Henry Ashhurst,
and ye £100 for this year, and because you say the
war has exhausted you. If I am at no more
charge than this £40, 1 will draw no more upon
you this year.
And so you have all my pains and trouble this
year for £60, I think you ought to send a speciall
messenger of some credit withall yo'r dispatches,
since letters are so intercepted. If I had not
made some great interest, I know how things
would have gone. I hope a Nephew of mine
will be Lord Keeper, I shall say no more now,
but yt I am gentlemen,
Your friend and humble Servant,
HEN, ASHHURST,
Note. — The immense mass of testimony and other docu
ments in relation to the affairs above alluded to, would extend
this work to an unusual length : Gov. Dudley and Lord
Cornbury had spared no pains to carry their points against
the Colony ; but through the skill, perseverance and faith
fulness of Sir Henry Ashhurst, all their plans were defeated.
They were unable to sustain the charges which they had ex
hibited against the Colony : the affair was kept in agitation
for nearly seventy, years. It was always upon a legal hear
ing determined in favor of the Colony. The final decision
did not take place until the former part of the Reign of
George the third.

Letter from Sir Henry Ashhurst to Governor Win
throp.
Kensington, 2d Feb, 1705,
Much Honnoured and dear Sr —
I have only a quarter of an hours notice of a
particular hand, to acquaint you that I have scve-

Letter from Henry Ashhurst. 325
rail- letters from you and from the Goverment,
from August to November ; and to tell you that I
have been almost every day from morning till night
soliciting your affairs. The naturall aversness I have
to oppression, as well as believing it to be the cause
of God, makes me willing to leave my pleasant
habitation in Oxfordshire, to endeavour to protect
you against the malice and crafty designs of your
great oppressor, I can gi'v'e you no particular ac
count of the success of any of your affairs under
my management. About a fortnight hence, Palmes
his 2 appeals, will be beared, and Palmes himself
is come here to be a witness to his just proceed
ings about the Indian lands ; as also to justifie the
complaints of Dudley against the Government,
and I very much wonder, that when your all -was
at stake, that you would not send one person fully
furnisht with evidences under your seal, to con
front the accusation that Dudley brings in against
you ; there is but one of your boxes of writings
that is come safe ; the ship that you sent the oth
er in, is thought to be taken by the French : and
there is one writing under your seal, that j'ou men
tioned in severall of your letters, (to wit) evi
dence that Palmes refused to give security suffi
cient to answer the judgment here, either Hallam
opened the box I have, and took that writing out,
or else it was in that box that was sent by the ship
thought to be taken by the French. I shall do all
that I can tor your service, with as much zeal and
industry as if it was to save my wife and my fam
ily. -In a months time I shall be beared I suppose
before the Queen and Councell, by my Councill.
As to your 3 great causes, the matter of the Indi
ans, the particulars of the complaints of Coll.
Dudley, and the 2 appeals of Palmes's ; and then
you will know your doom. I have ordered the
28

326 Letter from Henry Ashhurst.
writing out of 80 folio pages of Dudleys, w'ch he
sent over to the Queen, in which he makes a very
fair show of justice, but reflects upon Mr, Gurdin
Saltonall* upon his willingness to submitt himself
to his sensure, I wish you could have brought
some evidences that these commissioners with
Dudley were interested in a part of the lands in
controversie, which would have done all for them
att once. However, I will make the best use I
can of the papers and evidences you sent me to
the best advantage^ I am very much concerned
to hear that you do so ill return to me for all my
services as to suffer my first bill of £140 payable
to Saywell to be unpaid, for him to complain for
your nonpayment of it in time, I hope all the
bills you have will be paid before the reciet of this,
which you promist me in your letters, I shall not
draw any more bills upon you till towards May,
I am to believe when there is anew Governour of
New England, you will have Httle need of my
agency, and that you will be quiet possessors of
your religious and civill interest, I am on Mun-
day to meet in the city, the Quakers that have pro
cured an order from councill for repealing the law
you made against them, which I took to be a very
extriordinary order, considering you were in pos
session of your own charter, but the hand of Job
is in it, I mean he who sent over a great sum of
gold, taken in some prize ships, by which he sup
poses he hath secured his interest, I have scarse
time to say more ; but my kind respects to your-
* Gurdon Saltonstall.

Charges against Connecticut, 4«. 327
self and the worthy gentlemen of the Goverment,
I am to you all a very sincere and
Faithfull Servant,
HEN, ASHHURST,
Hon, Major Gen'll John Winthrop, Governour
of the Colony of Connecticott,

Charges exhibited against the proceedings of the
Charter Government of Connecticut.
That the Government of Connecticut does not
observe ye acts of "trade and navigation, but coun
tenances the violation thereof, by permitting and
incouraging of illegal trade and Piracy,
That ye colony of Connecticut is a receptacle
of Pirates, who are iacouraged and harboured by
that Government.
That ye Government of Connecticut, harbours
and protects soldiers, seamen and servants that de
sert from other her Majesties plantations, and will
not deliver them up when they are reclaimed, they
also give shelter to malefactors, who make their
escapes from other parts, without delivering them
up when demanded, and that great numbers of the
young men go out of ye colonies of the Massa
chusetts Bay and New York (where they are obli
ged to pay taxes for the support of her Majesty's
Government and maintaining the war ag'st ye
French and Indians) to Connecticut, and are there
entertained and induced to settle chiefly for that no
taxes are raised there, for those necessary purpo
ses.

328 Charges against Connecticut, 4^-
That ye colony of Connecticut will not furnish
their Quota towards the Fortifying of Albany and
assisting New York, the place of common securi
ty for all those parts, nor do they give due assist
ance in ye colony of ye Massachusetts Bay against
the French and Indians,
That if any of her Majesty's subjects, not be
ing inhabitants of this colony, sue for a debt in ye
courts, they can have no rightdone them, if the
. defendants be of that colony.
That under colour of their charter, they try rob
beries, murders and other crimes, make capital
laws and punish with death, without any legal au
thority for the same, and that their proceedings in
their courts of judicature are very arbitrary and
unjust. That they do not allow of the laws of England
to be pleaded in their courts, otherwise than as it
may serve a turn for themselves.
That they have refused to allow of appeals to
her Majesty in council, and give great vexation to
those that demand- the same.
That ye Government have refused to submit to
her Majesty and his Royal Highness comission of
Vice Admiralty, and for commanding their Mili
tia, and have defeated ye powers given to ye Gov
ernors of her Majesty's neighbouring colonies in
yt behalf.
That they have made a law yt no christians
who are not of their community, shall meet to
worship God, or have a Minister, without lycence
irom their Assembly, which law even extends to

Letter from Gov. Winthrop. 329
ye Church of England, as well as other profess
ions tollerated in England,*
By order of the Lords Comm'rs for Trade and
Plantations, White Hall, April the  1705,

Copy of Letter from Gov. Winthrop, to Sir Hen- •
ry Ashhurst.
New London, Aug't 2d, 1705,
Honb'l Sr —
This day came to my hands y'r letters, with an
account of the complaints made against this colo
ny by the Lord Cornbury and Coll. Dudley, with
* The above charges and complaints were prepared and ex
hibited by Governor Dudley and Lord Co' nbury. Dudley and
his abettors had laid their plans with great art and intrigue ;
but Sir Henry Ashhurst, stood firm against all their assaults ;
if was demonstrated by his council that the Colony was vested
with ample powers to make and execute laws criminal and
capital, as well as civil. With respect to the irregularity and
injustice of the Courts, it was urged that the charges were gen
eral and derived from hearsay and clamor, and that no particu-
¦lar case was specified, and therefore needed no reply. And in
respect to the complaint that Connecticut did not furnish her
Quota of men which was demanded by the Governors of the
neighboring Colonies, it was replied that by their Charter they
were under no obligations to comply with those demands,
notwithstanding they were able to show that they had the last,
and the present year between five and six hundred njen in actu
al service. Kour hundred of this number had been employed
in the defence of Massachusetts and New York. The complaint
that Connecticut harbored deserters, pirates ^c. was not sub.
stantiated ; and the charges in general were not sustained by
any weight of evidence, and Dudley, Cornbury and their asso
ciates, were frustrated in all their designs against the Colony.
*28

330 Letter from Gov. Winthrop.
the articles drawn up ag't us out of those com
plaints, so that it is not possible for us to make an
swer by the time appointed, which is now almost
expired ; neither is there any vessell either at Bos
ton or New York, bound for London : but just
now hearing of a small Ketch, bound from Boston
for the North of England, I thought it necessary
to embrace that opportunity, to signifie to y'r
Hon'r that the Government here, will with all pos
sible speed make answer to the complaints, and
, make it very evident that there is not the least
reason for any such charges to be made ag't them :
but on the contrary, that we have always acted
S^/ectly contrary to what we are accused of with
relation to the harbouring of pirates, or deserters,
or allowing any of the acts of trade to be viola
ted, or any other matters therein mentioned by
our accusers ; and that we have never failed, with
the greatest cheerfullness to express our allegi
ance to her most sacred Majesty, and our -readi
ness to assist, (far beyond our Quota stated by his
late Majesty King William ye 3d,) the neighbour
ing provinces of York and Boston for their sup
port ag't the enemy, notwithstanding the heavy,
but groundless complaints, made from thence ag't
us. I take also this opportunity to add, that in the
case of Maj'r Palmes's appeals : the court of as
sistants, not judging the security which he offered
to be .sufficient ; the persons who offered to be
bound for him, appearing to be men of none, or
very small estate : I conclude those appeals will
not be beared ; her Majesties order in councill, re
quiring such security should first be given : How
ever, by the first direct opportunity to London, or
any other Port to the West of England, I shall
send such an account of those cases as will I be-

Letter from Gov. Winthrop. 331
lieve demonstrate that he has every jot as little
reason to complain of injustice as Hallam had in
his appeall, in which her Majesty was pleased to
affirm the judghment of our courts, which I can
not do now ; the present uncertain opportunity re
quiring so much hast. In the greatest hast, and
deepest sence of yo'r many obligations and friend
ship, I am Hon'ble Sr yo'r most faythfull humble
Servant,
J, WINTHROP,

Copy of a Letter from Gov'r Winthrop to Sir
Henry Ashhurst, in answer to the charges and
complaints against the Colony.
New London, Aug, 2d, 1705,
Honr'ble Sr —
Altho ye present opportunity by ye small Ketch
bound for ye North of England be so uncertain,
yet I cannot omitt to signifie to yo'r Hono'r yt ye
last bill of exchange of £140 is accepted by this
Goverm't, and because of the great scarcity of
money among us, they sent to Capt, Sewall at
Boston to engage to pay interest for it, till ye mon
ey may be furnished to ye Treasurer, I am very
sensible of yo'r constant care of o'r affairs, and
more especially at this juncture, when those yt
pretended friendship, endeavoured by private
complaints, and as fals as any yt could be devised,
to destroy us wth'out suffering us, (if they could
have prevented it) to make answer for o'rselves.
Next to her Majesties justice, wee owe it to yo'r

332 Letter from Henry Ashhursl. ^
vigilance yt they are thus far frustrated. The
Goverm't here has not made it their business to
enquire after irregularities in the neighbouring
provinces, nor shall wee alledge ye hard things
w'ch have been put upon this Govr'mt, from either
of them, tho it were easy for us to complain upon
better grounds than any they have to suppose
themselves injured by us, who have been at seve
rall thousands of pounds charge for their assist
ance both of New York and Boston, and have ev
er studiously endeavoured yt they should not have
the least reason to complain of o'r neighbourhood,
but I know not whether it be fitt wee should al
ways be silent, who meet w'th no better usage
from them, that we are so carefull to shew all
possible respect to o'r Generall Assembly, w'ch
will shortly convene, will upon ye perusall of yo'r
letters, be very sensible of y'r obligations, you are
increasing upon them, and be most ready to ac
knowledge it to their utmost abillities,
I am your most Humble Serv't,
J, WINTHROP,

Letter from Sir Henry Ashhurst, Agent for the
Colony of Connecticut, to Gov'r Saltonstall.
London, August 25th, 1708,
Honourable Sir: —
I had yours of the 6th of January last, wrote at
the desire of the Generall Assembly, and I do
with great sincerity condole with you, the loss of

Letter from Henry Ashhurst. 333
that excellent Governour,* your immediate pre
decessor, who for his publick spiritedness and zeal
for the liberties of his countrey, when one so near
you armed with power, with great abillityes,
great dissimulation, great falseness, had endeav-
our'd with great art to rob you of every thing
that was dear to you, tho some considering per
sons among you might foresee some of his mali
cious designes ; but you know not half the mis
chief that was designed against you. Under these
difficulties your predecessor show'd himself a
true decendant of Romulus his grandfather, the
first founder of Connecticott colony. And since
God has taken him from you, I look upon it as a
great mercy, that one in some respects superior
to him by your knowledge in divine things fills up
his room.
There is some good spirit or genius among you,
that you are neither cheated, nor affrighted out of
your liberties and religion. The axe was laid to
the root of the tree, and how unworthy am I to
be employed in defending that good people from
slavery and the greatest oppressions. I would
not have you disturbed about your taking the
* Fitz John Winthrop ; he was the son of the Honorable
John Winthrop, the first Governor of Connecticut, under
the Charter. His birth was at Ipswich, in Massachusetts,
1638. Upon the assumption of the Charter, May 1689, he
was chosen into the Magistracy. In 1690 he was appointed
Major Generall of the land army designed against Canada.
On the dispute relative to the command of the militia, be
was sent agent for the colony, to the British court 1694.
Afler his return. May 1698, he was elected Governor, and
was annually reelected during his life. He died Nov. 27th,
1707, in the 69th year of his age.
He appeared to have been a gentleman of popularity, and
to have sustained a character without blemish.— Trum. Hist.
Conn., Vol. i. p. 431.

334 Letter from Henry Ashhurst. '
Government, when you are once extricated out
of your difficulties by the removal of a certain
person from a neighbouring Government, you'l
find your country in rest, living in the fear of God
and comforts of the Holy Ghost ; you may then
think of returning to your former calling, but at
present you must be the Moses, and as the Arch
Bishop Tillotson told me that he would, not have
undertaken that great employment, but upon the
Kings promise of leave to lay it down, as soon as
setled in his Kingdoms, You speak of a letter
written to me of the countreys concerns, but that
I never received ; also what you writ about a
commission of enquiry relating to the Mohegan
Indians, I make it my business with all my in
terest tp keep that matter quiet, AlaS ! Sr, I can
no more hope to have those persons you name.
Judges, than to have you Chief Justice of Eng
land, You have now the mercy of an honest
Lord coming near you. If I can, I should be
contented to have it refered to him ; tis my Lord
Lovelace, Governour of New York, I desire
you would depute some of your company to wait
on him, and deliver him the inclosed, and make
him some small present. He is a man of honour,
and he will use you justly. His Secretary, Mr,
Cockrill, is I believe, a very honest man and you
may trust him, I desire you would present to
the Queen, a very handsome address to congrat
ulate the good success of her arms against the
French, and to take notice of the Duke of Marl-
borow, her General, and also to write a letter to
the Duke of Marlborow to congratulate him, and
to pay his kindness to your country, and that he
would employ his great interest, that you may
not be opprest by any Governour of Massachu
setts, in New England, or by any Governour of

Letter from Henry Ashhurst. 333
New York, as you have been by Col, Dudley in
New England, and my Lord Cornbury in New
York, And likewise the Earl of Sunderland to
the same purpose, who is the Secretary to whom
the care of the plantations belongs. And also a
letter to the Duke of Bedford, and take notice in
it that his grandfather the great Earl of South
ampton the Lord Treasurer was founder of your
colony. His name was Wriothesley, the Dukes
Christian name. Your brother Nath'l is steward
to Mrs. Rowland, the Dukes mother-in-law, and
take all your wise men together to draw up these
letters : and thoroughly and fully set forth your
hardships about the Mehugan Indians, and of
Dudleys proceedings at Stonington, and that it
was, as truly it is, a contrivance of Dudley's to
rob you of your estates, and also set out the false
ness of his complaint to the Queen and Councell
about your not contributing to the charge of the
war, when by his letter of the same date to you,
he thanks you for the greatness of your supplyes,
and that you had actually been at ten thousand
pounds charge for the support of the war in two
years time, when your whole countrey has not in
running cash  pounds in it. Put all these
letters and memorials, under your common seal,
either under a flying seal, or else send me dupli
cates, that I may know what is in them, and take
notice that- you send them to me as your publick
agent, and also beg her Majesty, that she would not
put her loyal colony to charge in receiving any ac
cusation against them, so as to proceed upon it,
without giving you liberty to answer for your
selves. And when you have got all these address
es and papers redy, send 'em to me as your agent,
and write another letter to the Duke of Somerset,
to thank him for the kindness he has shown you.

336 Letter from Henry Ashhurst.
and another to the Duke of Devonshire, and take
notice of the great services his Father has done
you. Send all these by a special messenger to
Mr, Cockrill, my Lord Lovelace's Secretary, and
desire him to send them to me, I am'very glad
that my pains and services are accepted by you.
And if I did not like the imployment I would not
impair my health and spend my money and my
precious time to watch all the motions of your vi
gilant enemies from my own pleasant seat and
family. But I serve a good God in a glorious
cause, and so I go on chearfully, I desire inyour
next you'd send me your body of laws, the num
ber of your inhabitants as near as you can, ye
number of your Ministers and Parishes, and the
names of the most considerable Ministers, the ex
tent of your colony, and how conversions to seri
ous religion goeth forward. I have inquired about
the acts of trade and navigation and there are no
new books of rates. made since the union. And
I would have you have as little to do with Eng
land as you can. And therefore if the cohimis-
, sioners of the Custom House send you a Naval
officer, they must pay him his salary and appoint
security to be taken ; but if the commissioners of
the Custom House do not appoint any such offi
cer, you may do it yourselves by vertue of your
charter. You must be sure to keep close to that,
and there you are safe and strong. Be sure in
your addresses to the Queen you tell her that be
fore Dudley came into New England Governour
there were no complaints against you ever since
you were a colony, or any acts of injustice, or any
disaffection or disrespect to the Kings and Queens
of England, which you abhor, and only pray that
you may have the liberty to pray for her Majes
ty's long Hfe and happy Reign, and that you may

Letter from Henry Ashhtirst. 33'?
peaceably enjoy the priviledges granted by Char
ter to your colony by her Majestys Royal prede
cessors, I dont doubt but you have paid the bills
drawn on your late Governour John Winthrop
Esqr, the last year, and that you will pay the bills
I have now drawn upon you for a hundred and
sixty pound New England money, and twenty
pound to Mr, Noyse beside the exchange. Con-
siderii^ your poverty, this is all I shall draw upon
you for my salary and expences this year, which
have been very great. You must also write a
complimenting letter to the Lord High Treasurer,
who is at present the great Minister of State, to
thank him for the service he has done you, and to
pray the same things as you do to my Lord Marl
borow. My very humble service to yourself, your
Deputy Governour, the Councell and Representa
tives, and I am with great respect,
Yo'r very affectionate and Humble Servant,
H. ASHHURST.
To his Excellency Gordon Saltingstall Esqr, and
to the Lieutenant Governor, Councell and Repre
sentatives of Connecticott,
In y'r letters to my I..ord Sunderland, her Ma
jesties principall Secretary of State, you are to
take' notice to him, that I do you the honour to be
y'r publick Agent : And that if his Lordship has
any matters before him relating to you, to pray
him that he would be pleased to communicate them
to me as your Agent. 29

338 An Act of General Assembly,

A General Assembly holden at New Haven, Octo
ber 14th, 1708,
It is ordered and enacted by this Assembly,
that there shall be allowed and paid out of the pub
lick Treasury of this colony, the sum of fifty
pounds in pay, for the bringing up and maintain
ing of doggs in the northern frontier towns in this
colony, to hunt after the Indian enemy, and be
improved and ordered for that end, by the comit
tee of warr in the county of Hartford, according
to their discretion, as soon as may be, who are to
procure as many doggs as that money will allow,
to be always ready for the colony's service against
the comon enemy.
It is ordered and enacted by this Assembly, that
the comittee of warr in the county of Hartford,
shall cause to be erected in the towns of Wind
sor, Farmington, Simsbury and Waterbury, so
many garrisons as they shall judge needfull, and
support them with men and provisions as there
shall be occasion ; the garrisons to be erected at
the charge of the colony, or else of the respect
ive towns, as the said cpmittee shall order, provi
ded always that there shall be but two garrisons
at Simsbury, and two at Waterbury, erected at the
colony charge.
It is ordered and enacted by this Assembly, that
the Hon'ble Dept, Governour, shall cause to be
erected such and so many garrisons at Woodbury,
Danbury and Weantenuck,* and support' them
with men and provisions as he shall judge neces
sary, at the colony's charge, provided there shall
not be any other then two garrisons at Woodbury
and one at Danbury, erected at the colony's charge.
* New Milford,

Letter from Queen Anne. 339
It is ordered and enacted by the Governour and
Council and Representatives in Generall Court
assembled, and by the authority of the same, that
no person or persons whatsoever, within this col
ony, upon any pretence whatsoever, shall furnish,
lend or sell to any of our friend Indian or Indians,
any gun for any time longer or shorter, on pain of
forfeiting such gun so lent or sold, or the fuU val
ue thereof, upon conviction of the offence, before
any one assistant or Justice of the Peace, or Court
of Judicature within this colony. And it is fur
ther enacted by the authority aforesaid, that all
and every person and persons whatsoever within
this colony, who hath or have any gun or guns in
the hands of any of the said Indians, which is or
was lent to them, shall speedily recover and get
the same out of their hands, on pain of forfeiting
the same gunns as aforesaid. And all such for
feitures, shall be and belong to the Treasury of the
county, wherein the offence is or shall be comited.

Letter from her Majesty Queen Anne.
Anne R,
Trusty and well beloved, we greet you well,
whereas we are fitting an expedition with great
expence for the security of our subjects under
your Government from the neighbourhood of the
French at Canada, which hath been very trouble-
som to them of late years, according to certain
Siroposals laid before us by our trusty and well be-
oved Colonel Vetch, and pursuant to many appli-

3'40 Letter from Queen Anne.
cations that have been made to us by our subjects
who have suffered very much from the French in
that neighbourhood. We do hereby strictly re
quire and command you to be assisting to this our
expedition, after the manner that the said Colonel
Vetch shall propose to you in our name, and that
you look upon those parts of his instructions
which relate to you and to the Government under
your care, and which we have ordered him to
communicate to you in,the same manner as if they
were our positive commands directed to yourself,
and that you pay the same obedience to them,-^
And so we bid you farewell.
Given at our Court at St, James, the second
day of March, 1708-&, in the seventh year of our
Reign,-* By her Majesties command,
SUNDERLAND,
To our Trusty and well beloved, the Govern-i
©ur of our Colony of Connecticut, or to the Gov
ernour of our said Colony in America for the-
time being,
* This letter was laid before the General Court the 12th
of May 1709, with otlier information, that her Majesty was
fitting out a squadron, which it was designed should arrive
at Boston in the month of 'May or June, with about four
thousand land forces to assist in the reduction of Canada. —
Connecticut was required to raise 350 men to join the expe
dition. The Colonies eastward of Connecticut were requi
red to raise 1200 men ; the Colonial Governments were di
rected to furnish provisions for the troops for three months
service. The army was to proceed by the way of the Lakes
George and Champlain, and make a descent upon Montreal
and Quebec. Connecticut raised their Quota with the
greatest expedition. Col. Wiiiting was appointed to com
mand them — the troops from the eastward were ready in
season, and before the first of June the Provincials were
jeady to march for Canada, Gten, Nicholson farmerly

An Act of General Assembly. 341

At a General Assembly and Court of Election be
gun and holden at Hartford, in her Majesties
Colony of Connecticut, in New England, on the
12th day of May, in the eighth year of the
Reigne of our Sovereigne Lady Anne, Queen
of Great Bi-ittain <^c., Annoq. Domini 1709,
By order of the Honnourable the Governour,
the Gent, members of both Houses being mett to
gether, the Governour caused severall letters and
writings to be read before them, that is to say, a
letter from Sr Henry Ashhurst, Agent of this col
ony, bearing date August 25th 1708, and a letter
sent to the said Agent, bearing date January 28th,
1708-9, and the Hon'ble the Governour, now also
laid before the Assembly, a letter to him directed
and sent from her Majestie, our Sovereigne Lady
the Queen, bearing date the 2d day of March,
1708-9, requireing the assistance of her subjects
Lieut. Governor of New York, was appointed to the chief
command, with orders to march as far as Wood Creek ; and
there to wait the arrival of the Fleet at Boston, and then to
advance, in order that the attack upon Quebec and Montre
al might be made at the same time. The Colonies had
made great exertions to promote the expedition ; more than
two hundred boats had been built and were in readiness for
crossing the Lake. But the Fleet expected from England
did not arrive — owing to some reverses of the English allies
in Europe, the expedition designed for America, sailed for
another destination, and the expedition was defeated. A
great mortality prevailed among the troops, and in the fall
Gen. Nicholson with the troops returned to Albany. More
than one fourth of the troops died in this fruitless expedition.
Connecticut sustained the loss of ninety men. At a special
session of the Assembly, on the 8th of June, it was enacted,
that for want of money, there be forthwith imprinted £8000
in bills of credit on the Colony, to assist in carrying on the
expedition. This was the first emi^ion of paper currency
m Connecticut.
29*

342 An Act of General Assembly.
in this colony, in an expedition now forthwith to be
made against the French at Canada, according to
her Majesties instructions to the Hon'ble Col.
Vetch relating thereunto, directing and comand-
ing that 350 men be raised in this colony, and
sent upon the said expedition ; and the Governor
recomended the consideration of the said letter
and instructions to this Assembly; and the same
was considered accordingly: — and thereupon the
Governour, Councill and Representatives, now in
General Court Assembled, having a vejy deep
sence of her Majesties Royal favour, in resolveing
upon the said expedition against Canada, out of
special favour to this colony, with the neighbour
ing provinces, which have suffered so greatly by
the JFrench of that settlement (which they do here
by agree and order to be humbly presented to her
Majestie, in an address for that end, prepared and
signed by the Governour and Secretary in their
names) have resolved and do hereby resolve and
enact, with aH possible dispatch, to comply with
that part of her Majesties instructions accompa
nying the said letter, which concerns this colony,
and to joyne forthwith the forces of New York,
Newjersey and Pensilvania with 350 men, (that
being the quota of men in this colony, mentioned
in the instructions aforesaid) with whom the Gov
ernour shall send some sutable person of this col
ony, to take a general care of them, who shall be
subsisted at the charges of this colony, and main
tained in their pay ; the executing of which, this
Assembly doth leave with the Honnourable the
Governour and Councill ; for whose furtherance
and assistance therein, this Assembly have agreed
upon a body of conclusions now to be delivered
to them.

An Act of General Assembly, 343
An address to her Majestie, relating to the ex
pedition against Canada, signed by the Hon'ble
the Governour and Secretary, in the name of this
Assembly, and also a body of conclusions for the
assistance of the Governour and Councill in the
managin the said expedition, so far as this colony
is concerned therein, was now drawn, read, con
sidered and approved in this Assembly, whereof
true copies are by this Assembly, ordered to be
kept on file.
It is ordered and enacted by the Governour,
Councill and Representatives in Generall Court
assembled, and by the authority of the same, that
there shall be allowed and paid out of the Publick
Treasury of this colony, to all private centinells,
as well volunteers, as such as are or shall be im
pressed (who shall be employed and go into her
Majesties service, on the expedition against Cana
da) within this colony, the sum of two shillings
and sixpence pr day in pay, for their wages, for
every day of the week, from the time they are list
ed or impressed, untiil they shall be dismissed from
that service, and that there shall be allowed and
paid out of the said Treasury, to all officers within
this colony, as well volunteers as others, who shall
go upon said expedition, additions to their wages
of centinells, any law to the contrary notwith
standing. It is ordered and enacted by the authority afore
said, that whatsoever shall be necessary for the
comfortable subsistence of our troops, who are
now going on the expedition against Canada, such
as Duffells or other cloath &c., which cannot be
procured in this colony, shall be taken up (by or
der from the Governour and Councill) in any other
province, and sliall be charged upon this colony,
and paid for by the Treasurer of the same.

344 Conclusions in General Assembly,

Conclusions agreed upon in tlie General Assembly
held in Hartford, May 12, 1709, relating to the
expedition to Canada now to he pursued, for the
assistance of the Gov'r and Councill in the fur
ther managing and expediting that affair,
1, That the Governour, when he comes to
New York, whither he is now going, endeavour to
obtain a generall command, for some gentleman
of our owp Government to be appointed by our
Gov'r and Councill, to go to Canada ; that our
troops may be under his particular eye and care.
2. That the Indians in our Government, be
incouraged to go, by allowing them arms, ammu
nition and wages, at her Maj'ties charge,
3, That it be concerted and agreed, in case
Canada should be reduced, that none of our soul
diers be obliged to stay in garrison there, but
have leave to return,
4, That bread be procured at Albany or New
York, and our wheat exchanged for it,
5, That a sloop be sent forthwith to New
York for arms and ammunition out of her Maj'ties
stores, 6, That we be exempted out of the charge of
the store house to be erected at Wood Creek,
which will be of constant use to New York, and
no benefit to us as toC this expedition,
7, That the provisions necessary for our for
ces, be taken where they shall be cheapest had in
the colony, and most for the advantage of the
Government. 8. That 372 men be raised out of the train
bands in the severall towns underwritten, and in
the proportion added, out of which 350 effective
men only to go in ye expedition.

Conclusions in General Assembly. 345
9, That a Captain, Physician, and chirurgeon
be provided and furnished to march with our men,
10, That our men shall be raised forthwith by
a warrant from the Gov'r to the severaH Captains,
to impress their proportions of men, and have
them completely fitted and march them immedi
ately to their County Towns, or otherwise as the
Gov'r shall order, there to be billeted and under
the command of the Captains of the said County
Towns, or other chief military officers in the said
Towns, till further orders from our, Gov'r. Such
men as have no good arms, of their own, shall be
furnished with arms and ammunition, out of stores
already provided,
11, The proportion of our Troops to be raised
in our severall Towns are as follows —
Hartford, 22 Haddam East side, 6
N. Haven, 17 Haddam West side, 5
Windsor, 29 Darby, 4
Weathersfield, 16 Fairfield, 13
Glassenbury, 6 Simsbury, 6
Milford, 14 Woodberry, T
Guilford, 13 Preston, 7
N. London, 16 Groton, 9
Wallingford, 12 Saybrook, 11
Waterbury, 4 Stamford, 9
Killingworth, 5 Windham, 6
East Haven, 5 Norwich, 13
Greenwich, and Lebanon, tl
Horsneck, 6 Stonington, 13
Lym3, 11 Danbury, 5
Stratford, 11 Plainfield, 5
Norwalk, 10 Farmingt'own, 11
Colchester, 7 Durham, 2
Middletown, 13 Mansfield, 2
Branford, 9 Canterbury, 2
Massarauget,* 3 Kellenslie,t _ 3
12. That if any thing not provided for in these
conclusions, and for the service oi the expedition,
*Pomfret, tKillingly,

346 Conclusions in General Aseembly.
and for the advantage of this Government, can be
done at New York, whither the Gov'r is now go
ing ; it is hereby recommended to his care,
past in the lower House,
Test Richard Bushnell, Clerk,
May 13th, 1709,
past in the Upper House,
Test Caleb Stanley, Secretary.
May 13th, 1709,
A scheme of the stores of Provisions <^c. necessa
ry for 360 men, for four months.
40,003 lbs, of Bread, being 1 lb, a man a day.
Ill Barrels of Porke, w'ch is halfe a pound a
day for a man,
340 Bushels of Pease w'ch is 1-2 pint a day for
300 men,
120 Bushels of Indian Corn, w'ch is a pint a day
for 60 Indians',
1488 Gall's of Rum, w'ch is 1 gill a day for a
man, 11 thousand wt, of Beef, w'ch is 1-4 pound a
day for a man.
900 yds. of Duffels, of w'ch we have of ye old
store at Boston about 100 yds,; and at N.London
15 yds,
300 Snap sacks for the English, supposeing ye
Indians will use baggs of their own,
300 Baggs for the carrying 3-4 of the above
quantity of bread from Albany, of w'ch there are
already some at New Haven, and some at Coll,
Whitings at Hartford, and there are at N, Lon
don 15 baggs and 49 bed sacks w'ch will make
98 baggs,
3000 wt, of Tobacko,

An Act of General Assembly. 347
At a General Assembly holden at New Haven, the
13th day of October, 1709,
An act for stating and settling the wages of di
vers officers and centinells, in the Expedition
against Canada, this present year 1709, and for
ascertaining the allowances for Billetting of offi
cers and soldiers, &c.
It is enacted and ordained by the Xjovernour,
Councill and Representatives, in Generall Court
Assembled, and by the authority of the same, that
there shall be allowed and paid out of the publick
Treasury of this Colony to the severall Captains
and other officers and private centinells hereafter
mentioned for the service in the Expedition against
Canada,
To each Captain, by the week, £1 9 2
To each Lieutenant, by the week, 13 4
To each Serjeant, by the week, 0 14 7
To Clerks, Trumpeters and Drummers,
by the week, 0 12 0
To Corporalls and centinells, by the week, 0 11 8
To Mr, Adjutant Goodrich by the week, 1 9 2
and it is ordered and enacted by the authority
aforesaid, that there shall be allowed and paid to
all such persons as have furnished the forces, with
Horses in the said expedition (to such number as
were allowed to each company, by the Governour
and Councill) for the service of their said Horses,
one shilling and four pence pr, week, as money
for each Horse, and for each Horse dead or lost,
in the said service, the value of such Horse as
money, according as shall be determined by the
judgment of two indifferent men upon oath, who
knew the worth or value of the Horse, to be ap
pointed and sworn by the next assistant, or Justice
of the Peace, and that there shall be allowed and

3^18 An Act of General Assembly,.
paid to all such persons as have furnished the for
ces with arms, saddles, bridles, or any other tack-
hng for horses, or other things whatsoever, for the
use and service thereof, so much as is the vallue
of the damage don to the same ; and in case any
such arms, furniture or other things is lost, or shall
be lost, wholly spoiled or not returned, there shall
be allowed and paid to the owners thereof, the
vallue of such arms, furniture or other things, as
money, to be sett thereon according to the direc
tion of an act of this Assembly, -»made for that
purpose, October 12th, 1704, Provided always,
that the owners of such horses, as are dead, or
shall die upon the expedition, or be lost and not
returned, shall be paid only the vallue of such hor
ses, to be determined and sett as aforesaid, and no
wages or pay for their service.
And it is further enacted by the authority afore
said, that there shall be allowed and paid to all
such persons as have billetted or victualled any of
ficers or soldiers, upon the said expedition, and
who shall so do, the sum of three pence pr meal
as money, but in such case, where any of the said
officers and soldiers were billetted or victualled,
one whole weeks time or more, there shall be al
lowed and paid three shillings and four pence pr
week, as money, and at that rate for the same, and
no more, and that there shall be allowed and paid
for pastureing or keeping horses upcn the said ex
pedition, three pence pr night, or twenty-four
hours, for each horse, and where any such horse
hath been, or shall be pastured or kept, one whole
week or more, there shall be allowed and paid but
eight pence pr week, as money, and at that rate
for the same.

Questions to tlie Colony, 349

Gentlemen : —
My Lords Commissioners for trade and planta
tions command me to send you the enclosed que
ries, relating to the colony of Connecticut, and to
desire your particular answers thereto as soon as
may be.
I am ALVERD POPPLE.
1, What is the situation of the colony under
your Government, the nature of the country, soile
and climate, the latitudes and longitudes of the
most considerable places in it, have those latitudes
and longitudes been settled by good observations,
or only by common computation ; and from
whence are the longitudes computed ?
2, What are the reputed boundaries, and are
any parts thereof disputed, what parts and by
whom T
3, What is the constitution of the Government ?
4, What is the trade of y'r colony, the num
ber of shiping, theire tonage, and the number of
seafaring men, with the respective increase or di
minution within ten years past ?
5, What quantity and sorts of Brittish manufac
tures do the inhabitants annually take from home ?
6, What trade has the colony, under your
Government with any forrei.sn plantations, or any
part of Europe, besides Brittain, how is that trade
carried on, what commodities do the people under
your Government send to, or receave from for
reign plantations ?
7, What methods are there used to prevent il
legal trade, and are the same effectuall ?
8, What is the naturall produce of the coun
try, staple commodities and manufactures, and
30

850 Answers to foregoing Questions,
what vallue thereof in sterling money, mJLy you
annually export ?
9. What mines are there ?
10, What is the number of inhabitants, whites
and blacks, and are the inhabitants increased or
decreased, within the last ten years, how much
and for what reason 1
11, What is the number of the Millitia?
12, What Forts and places of defence are
there within your Government, and in what condi
tion ?
13, What number of Indians have you, and
how are they inclined ?
1 4, What is the strength of the neighbouring
Indians ?
15, What is the strength of the neighbouring
Europeans, French or Spaniards ?
16, What effect have the French or Spanish
settlements on the continent of America, upon his
Majesties plantations, especially on youre colony ?
17, What is the Revenue arising within youre
Government, and howe is it appropriated ?
18, What are the ordinary and extraordinary
expences of youre Government ?
19, What are the establishments civill and
Millitarie, within youre Government, and by what
authority do the officers hold theire places ?
It is desired that an anhuall return may be made
to those queries, that the board may, from time to
time, be apprised of any alterations that may hap
pen in the circumstances of your Government,

May it please your Lordships : —
We have received your queries, to his Majes-

Answers to foregoing Qnestions. 351
ties colony of Connecticut, and in answer there
unto, we inform your Lordships as followeth : —
1. The colony of Connecticut is situate upon
three principal rivers, viz. Connecticut river,
Stratford and Quinabauge rivers, and on the sound
Southward toward Lonjr Island, in some places
oure lands are intervaile or meadow, upon the riv
ers, and by the sound the soile is fruittull, but the
far greater part of the land in the coloney is moun
tainous, rockey and more barren ; the climate is
very cold in the winter, and very hot in the sum
er, the weather, often and suddenly changing. —
The colony lyeth between forty-one and forty-
two degrees of North Latitude, and in Longitude
about seventy degrees West from London : the
Latitude has been found by repeated and carefull
observations. 2. The reputed and known boundaries, are
the Massachusets in the North, Road Island colo
ny on the East, Long Island Sound on the South,
and New York Province on the West. No points
thereof are disputed, but all settled and ascertain
ed, excepting some part of New York, the dividing
line betwixt this colony and New York.
3. As to the Constitution of the Government,
the Legislator is by oure Royall Charter, granted
by King Charles the Second, of blessed memory,
lodged in the Generall Court, consisting of a Gov
ernour, or in his absence a Deputy Governour,
twelve assistants, and one or two Deputies from
every town. The Governour, Deputy Govern
our and assistants, are annually chosen by the
major part of the freemen in the colony, and the
Deputies by the freemen in each town, which
Court or Assembly, are divided into two Houses,
the upper House consisting of the Gov'r, or in his
absence the Deputy Gov'r and six assistants at

352 Answers to foregoing Questions.
least, and the lower House of the Deputies ; with
out the consent of the major part of each House,
no act is passed, who makes laws, institute judica
tures, appoint Judges and necessarie officers, and
cause them to be sworn, grant lands, make orders
and institutions as the necessity of the Govern
ment requires, which Assembly meet twice in the
year, and in the vacancies, the Gov'r and assist
ants, manage the contingent affairs.
4. The trade of the colony is but small, horses
and lumber are exported from home to the West
Indies, for which we receive in exchange, sugar,
salt, and millasses and rum ; what provisions we
can spare, and some small quantities of tar and
turpentine are sent to Boston and New York and
Rhoad Island, for which we receive European
goods, the number of oure shiping and theire tun-
age is as followeth :
Hartford, Daniel Williams, Master, Sloop Mary,
60 tuns.
Greenwich, Sloop Sarah and Abigail, Henry
Joans, 30 tuns.
Gilford, Sloop Mary, 12
New London, a Brigantine, London, 60
Norwich, Sloop Ohve Branch, 25
Milford, Sloop TryaU, 40
New Haven, Schooner Elisabeth and
Mary, 50
Seabrook, Sloop Lucy, 35
Killingworth, Sloop, 10
Norwich, Sloop Mary, 20
Hartford, Sloop Rebeckah, 40
New Haven, Sloop Humbard, 20
Norwich, do, Martha and Elisabeth, 40
Haddam, do. Ranger, 30
New London, a Brigantine, 80
Gilford, Sloop Tryall, 80

Answei-s to foregoing Questions. 353
Middletown, Sloop Lark, 45
Norwich, do. Success, 40
Hartford, do, Hampshier, 18
New London, do, Lydia and Mary, 25
Branford, do, Ddlphin, 33
New Haven, do. Mary and Mercy, 30
Hartford, do, Tryall, 35
New Haven, Schooner Tryall, 30
Milford, Sloop Swallow, 30
Norwalk,. Sloop Tryall, 25
Gilford, do. Swan, 25
Middletown, Brigantine, Alten, 60
Gilford, Sloop Ruble, 30
Killingworth, do, Tryall, 20
New Haven, do, Tryall, 35
Weathersfield, do, Thankfull and Ann, 18
Greenwich, do, Elisabeth, 30
Stratford, do. Endeavor, 30
Fairfield, do,  , 20
New London, do. Dolphin, 15
Stratford, do, Indeaner, 30
New London, do, Michael, 12
Lyme, do. Three Brothers, 30
Stratford, do. Dolphin, 12
Seabrook, do. North, 25
Seabrook, do, Joseph and Mary, 30
Forty-two saile of vessels, which stand in the
same order as they do in the Collectors Register
Book. Our seafaring men are only what are ne
cessarie to manage the shiping afores'd, there hath
been no sensible addition or diminution, for ten
years past, then heretofore, only that we have
built considerable more the ten years last past
then heretofore, the most of said shiping, so lately
built, have been sold att the Province of Boston,
West Indies, and to his Majesties subjects of
Great Brittain, Bristole, &cc,
30*

354 Answers to foregoing Questions.
5. Our inhabitants take (annually) all sorts of
woolen cloth, silks, glass, nailes, sithes, pewter,
brass, and fire arms, of the British manufactures,
but we cant ascertain your Lordships, the quantity.
' 6, The trade which the coloney hath with any
foreighn Plantations, is only as before mentioned,
and with no parts of Europe, excepting only a few
voyages to Ireland, with timber and some few, one
or two that have built here of late, made theire
voyage to Bristole, theise sold ships and cargo and
brought theire returns heather,
7, The method used to prevent illegall trade,
are the measures taken by the collector placed at
New London, and his Deputy at Fairefield, where
are also navall officers, under the strictest regula
tions, which do at present prove efectuall, but there
being' many other convenient Harbours along the
sound, many of which were allowed to be free
Ports, will render it dificult, had we any consider
able trade, and now is a great hardship and an ob
struction to the little trade that we have, all being
obliged to put in at New London, to enter and
cleare, whereby some winds and much time is lost,
8, The produce of the country, is timber,
boards, all sorts of English grain, Indian corn.
Hemp and Flax, Sheep, Cattle, Swine, Horse kind.
Goats and Tobacco, oure manufactories are incon
siderable, oure people being generally imployed in
tilhng the earth, some few are imployed in tanning
and shew making and other handy crafts, others in
building Giner work. Tailors, Smiths, without
which we could not subsist,
9, There are some Coper mines found among
us, which have not yet been very frofitable to the
undertakers. Iron Oare hath been found in sundry
places and improved to good advantage.

Answers to foregoing Questions. 355
10. The number of oure Inhabitants of both
sexes and all ages are computed to be 38,000, and
about 700 Indians and Negroes. Tbe Inhabitants
are much increased within this ten years last past,
the reasons ane chiefly the country is new and
large, secondly the intestate estates are or have
been divided among all theire children, which en
courages them while in theire fathers family to join
theire united strength to cleare and subdue the
earth, and thereby make room for theire own set-
tlement, when they come of age, but the consum
mate and principall reason is the blessing of the
almightie on the fruit of our bodies and the fruit
of our land,
11, The number of our milletia according to list
or muster rolls of the trainbands, which consist of
all from sixteen to fifty five years of age is 3500,
12, In time of War we have always had sun
dry Forts on oure frontiers to cover us from the in
sults of the French and Indians, which yet have
never been of any great service to us, the enemy
coming in small partys surprise our people sudden
ly, and then flee into the adjacent wood, we have
had a Fort at New London long since and severall
pieces of cannon, but are now building a new Fort
where are already mounted foure cannons to se
cure that port, and in a short time intend divers
more shall be there mounteJ,
13, The number of Indians amongst us are
about 1600 of both sexes and ah ages, they are
inclined to hunting, idlenes and excessive drinking,
some of their youth are now in a school at Mohe
gan, set up and maintained by the Enghsh, for that
purpose, and they give good evidence of their do-
sability. 14, The five nations,of Indians as they are called,
live about 250 miles west ward from us. The French

366 Answers to foregoing Questions.
Indians that live at Canada and the Eastern Indi
ans which live about 250 miles to the northeast of
us are oure only neighbouring Indians and theire
strength is unknown to us,
15, The Spaniards have not settled in North
America to the eastward of Cape Florida, as we
know of, which is very distant from us ; the French
at Canada are about 400 miles north from us, and
of considerable strength,
16, The Spaniards in South America, have of
late years taken some vessels from this, and sun
dry from the neighbouring Governments, The
French at Canady have been very troublesome to
this and the neighbouring Governments, always
incouraging the Indians against the English, sup
plying them with arms and ammonition, and joyn-
ing with them in making inroads in time of War,
they are of considerable strength, and since they
are setled on the River Saint Laurance, and on
Maseeipi,* to the mouth of it, boasting in time
they will drive us all into the sea,
17, The annuall Revenue, arising on rates and
dutys is about £4000 in our paper currency, of
which ab6ut £1000 is yearly laid out in maintain
ing free schools for the education of oure children,
the remainder is for the support of his Majesties
Government here and to sink a heavy debt we
contracted in the war and oure expedition against
Canada and Anapohs in the Reign of Queen Anne,
18. Oure sivill establishments, are first, a Su
perior Court, consisting of one Chief Judg and
four Judges ; this court sits twice in the year in
each county, trys all high crimes and misdemean
ours, and sivill actions that come to them by ap
peals from the inferior court, secondly, an inferi-
"^Mississippi.

Letter from George II. 357
our court in each county consisting of one Chief
Judge and three more Justises of the quorum,
these courts have theire quarter sessions for the
tryall of dehnquents and sivill actions ; thirdly, in
most of oure Towns is one or more Justises of
the Peace, for the conservation of the peace, and
tryall of small cases,
19, The malitia is divided into five Regiments,
as many as there are counties ; over which the
chief officer is at present a Major, to each of which
Regiments belongs a troop ; the superiour officers
are appointed by the General Court ; the Captains,
Lieutenants and Ensigns, are chosen by the soul
diers, approved by the Generall Court, and all
commissioned by the Govern'r in the name of
oure Lord the King,
To the Right Honourable the Lords commis
sioners for trade and Plantations,
Signed pr order of his Hon'r the Gov'r and the
Assembly, Hez, Wyllys, Secretary.'

Letter from his Majesty George the Second.
 #
seal. 1 George R.

Additional instructions to our trusty and well
beloved the Governor and company of our Colo
ny of Connecticut in New England in America, or
to the Governor and company of our said Colony,

358 Form of Prayers for Royal Family.
for the time being — Given at our Court at St.
James's th& fifth day of May 1732, in the fifth
year of our Reign,
Whereas complaint hath been made to us by
the Merchants of our city of Londpn, in behalf
of themselves and of several others of our good
subjects of Great Britain, trading to our planta
tions in America, that greater Duties and Imposi
tions are laid on their Ships and Goods, than on
the Ships and Goods of persons who are natives
and inhabitants of the said Plantations, It is
therefore our will and pleasure that you do not,
upon any pretence whatsoever, on pain of our
highest displeasure, give assent, for the future to
any law wherein the natives, or inhabitants of the
Colony of Connecticut under your Government,
are put on a more advantageous footing than those
of this Kingdom. It is further our will and pleas
ure, that you do not, and you are hereby expressly
forbid to pass any law by which the trade or nav
igation of this Kingdom, may be any ways affec
ted ; hereby declareing it to be our Royal intention
no duties shall be laid in the Colony under your
Government, upon British shipping, or upon the
Product or Manufactures of Great Britain, upon
any pretence whatsoever,
G, R.

Order to be observed in Prayers for the Royal
Family.
At a General Assembly holden at Hartford in
his Majesties Colony of Connecticut, on the second
Thursday of May, A. D. 1741.

Questions to the Colony. 359
Whereas at a councell held at St, James's the
29th of January 1740, His Majesty was pleased to
declare his Royal pleasure thatin all publick ser
vices where the Royal Family is appointed to be
prayed for, the following form and order, shall be
observed viz. Their Royal Highnesses Frederick
Prince of Wales, the Princess of Wales, the Duke,
the Princess, the Issue of the Prince' and Princess
of Wales, and all the Royal Family.
And to the end that the same form and order
may be observed in this His Majesty's Colony of
Connecticut, His Majesty has been pleased to or
der the Governor and Company of this Colony,
to cause the same to be forthwith published in all
churches and other places, of Divine worship,
within this colony, and take care that obedience be
paid thereto accordingly.
Be it enacted by the Governor, Council and
Representatives in General Court Assembled, and
by the authority of the same, that obedience be
paid to His Majesty's order aforesaid, and that a
copy of this act be forthwith printed and sent to
the several churches and places of Divine worship
and there published accordingly.

Queries from the Board of Trade to the Governor
and Company of the Colony of Connecticut.
What is the situation of the Colony under your
Government ; the nature of the country, soil arid
cHmate, the Latitude and Longitudes of the most
considerable places in it or the neighbouring
French or Spanish settlements ; have those Lati-

360 Questions to the Colony,
tudes and Longitudes been settled by good obser
vations, or only by common computations, and
from whence are the Longitudes computed ?
What 'are the reputed boundaries, and are any
parts thereof disputed, what parts and by whom ?
What is the Constitution of the Government?
What is the trade of the colony, the number of
shipping, their tonnage, and the number of sea
faring men, with the respective increase or dimin
ution within ten years past ?
What quantity and sorts of British manufac
tures do the inhabitants annually take from hence?
What trade has the colony under your Govern
ment, with any foreign Plantations, or any part of
Europe, besides Great Britain, how is that trade
carried on, what commodities do the people under
your Government send to, or receive from foreign
plantations ?
What methods are there used to prevent illegal
trade, and are the same effectual ?
What is the natural produce of the country,
staple commodities and manufacturies; and what
value thereof in Sterling money, may you annual
ly export ?
What mines are there ?
What is the number of inhabitants, whites and
blacks ?
Are the inhabitants increased or decreased with
in the last ten years, how much and for what rea
sons? What is the number of the Militia ?
What Forts and places of defence are there
within your Government, and in what condition ?
What number of Indians have you, and how
are they inclined ?
What is the strength of the neighbouring Indi
ans?

Answers to foregoing Qestions, 361
What is the strength of your neighbouring Eu
ropeans, French or Spaniards ?
What effect have the French or Spanish settle
ments on the continent of America, upon his Ma
jesties Plantations, especially on your colony ?
What is the Revenue arising within your Gov
ernment, and how is it appropriated ?
What are the ordinary and extraordinary ex-
expences of your Government ?
What are the establishments, civil and Milita
ry within your Government, and by what authori-
13"^ do the officers hold their places ?*

Answers to the foregoing Questions,
May it please your Lordships —
We ha received your queries directed to the
Gov'r and Company of this his Maj'ties colony of
Connecticut, and in answer thereunto inform your
Lordships —
1. The situation of the colony, as hath been
found by regulated and careful observations, is be
tween 41 and 42 degrees of N. Latitude, and
about 71 of West Longitude from London; the
three most considerable rivers in the colony, are
Connecticut, Stratford and New London river, the
two principal branches of which last mentioned
river, called Quinebaug and Shetuckett, tis boun-
* It will be observed that the date is not affixed to the
above, but by an indorsement on the back of the original
manuscript, it appears that it was received by the Governor
en the 13th day of September, IT 48.
31

362 Answers to foregoing Questions.
ded Southerly by the sea or sound, near which,
and by. the rivers, the soil is more fruitfull, but the
greatest part of the land is mountainous and rocky ;
the climate is very cold in winter and hot in sum
mer, 2, The colony is bound Southerly on the sea
or sound. Easterly on Rhode Island, Westerly on
New York, North on the line of the Massachu
setts colony,
3, As to the Constitution of the Government,
the Legislative power, is by the Royal Charter,
vested in the Generall Assembly, which consists of
the Gov'r, or in his absence, the D, Governour
and twelve assistants (whereof the Gov'r, Deputy
Gov'r and six assistants are a Quorum,) and Rep
resentatives from each town, not exceeding two ;
all which are chosen by the freemen of the re
spective towns ; the Gov'r, or Deputy Gov'er and
assistants are called the upper House, the Depu
ties or Representatives, the lower House ; with
out the concurrence of each House, no act is.pass'd ;
they make laws, institute judicatures, appoint
Judges and other necessary affairs, who before
they enter upon their respective offices are al
sworn ; they meet twice in each year, viz. in May
and October, and oftener if called together by the
Gov'r on any emergency.
4. The trade of the colony is not large, hor
ses, lumber and some provisions, are exported to
the West India Islands ; from whence we receive
in exchange, sugar, rum, molasses, salt, some bills
of exchange ; what provisions we can spare are
principally sent to Boston, New York and Rhode
Island, to pay for European goods which we have
mostly from thence, though of late we have had
!;Some quantities of goods imported directly from
^Great Brittain, which trade we are endeavouring

Answers to foregoing Questions. 363
to cultivate ; as to the number of shipping and
sea faring men we must referr you to the acc't
from the Collector and Naval Officer, which we
herewith transmit, and which is sent quarterly to
the Commissioners of the Customs,
5, Our inhabitants, take annually of the Brit
ish manufactures, all sorts of woollen cloath, silks,
scythes, nails, glass, pewter, brass, fire arms, and
all sorts of cutlery ware, the quantity we cannot
ascertain, 6, We have at present, no trade with any for
eign plantations, though before the late war, we
had some few vessells that went up the Mediter
ranean with Fish, with which they purchased biUs
of exchange, and brought the effects home in
British manufactures,
7, The methods used to prevent illegal trade
are a strict conformity to the acts of Parliament,
relating thereto, by the Collector and Naval Offi
cer, which we conclude are effectual,
8, The produce of the country consists of tim
ber, Eiiglish grain, Indian corn, flax, hemp, tobac
co, horses, cattle, sheep, swine ; some small quan
tities of each of which are annually exported, as
before mentioned ; our manufactures are incon
siderable, our people being generally imployed in
clearing and tilling the earth ; some tradesmen
there are, as Tanners, Shoemakers, Joyners,
Smiths, Carpenters, «&c, without which we could
not subsist,
9, There are some coper mines, but proving
unprofitable, are wholly laid aside ; iron oar hath
been found in sundry places, and improved to
good advantage,
10, The number of our inhabitants of both
sexes and all ages, are computed to be about
70,000 whites, and 1000 blacks, and they are great-

364 Answers to foregoing Questions.
ly increased within the ten years last past, which
we attribute, (under the Divine Blessing,) to a
wholesom air, industrious life, and frugality in liv
ing. 11. The Militia are computed to be about
1 0,000, recconing from 1 6 to 50 years of age.
12. We have a Battery at New London, in
which are 9 guns mounted, and in our most expo
sed positions, many fortifications, to secure the
people from the insults of the enemy.
IS, The Indians among us are about 500 in
all, they are naturally inclined to idleness and ex
cessive drinking, but the great pains that hath been
taken, to instruct them in literature, and in the
christian religion seems not to be altogether in
vain, 14. There are no Indians that border upon
us ; the six nations, so called, are the nearest, who
live partly in New York €k)vernro't, and partly
westward of it,
15, The Spaniards have no settlements neap
to us than St, Augusteen ; the Fr-ench, at Cana
da, though not very near, have been very trouble
some, especially since they have built a strong
Fort on this side the Lake, at a place called Crown
Point, from which they, with the Indians, often
make excursions, and distress our Frontiers, and
those of New York and tbe Massachusetts, which
occasions a great expence in garrisoning them.
16. The annual Revenue, by rates and duties,
in time of peace, amounts to about £9000 in bills
of credit, about £2000 of which is expended in
the support of schools for the education of youth ;
the remainder for the support of Government ;
since the commencement of the war, our expen
ces have been vastly greater.

Answers to foregoing Questions. 365
17. Our civill establishments, are 1, a Superi
our Court, consisting of one Chief Judg, and four
assisting Judges, this Court sitts twice in the year
in each county, in which are tryed all high crimes
and misdemeanours, and civil actions that come
to them by appeal from Inferiour Courts. 2, an
Inferiour Court in each county, consisting of one
Chief Judg and three or more Justices of the
Quorum, who sit twice in the year, and oftener if
occasion requires, for the tryal of delinquents and
civil actions ; in all these Courts, matters of law
is determined by the Court, and matter of fact by
a Jury. 3, in each town, are one or more Justi
ces of the Peace, for conservation of the peace,
and iryal of small causes ; the Militia is divided
into thirteen Regiments, the officers in each, are a
Col' Lieut, Col' and Major, and in each Regi
ment, is a Troop of Horse, all the officers, both
civil and Military, are approved by the Gen'l As
sembly, and commissioned by the Gov'r,
Colony of Connecticutt, ) Hartford, May 11th,
General Assembly, \ 1749,
Upper House — The foregoing are answers to
the queries from their Lordships of the Board of
"Trade, to the Governour and Company of the
Colony of Connecticutt, and ordered the Secreta
ry to direct the same to the Right Hon'ble the
Lords Commissioners for Trade and Plantations,
and sign the same, pr order of this Assembly,
Test GEORGE WYLLYS, Sec'ry.
In the Lower House— The foregoing answers
to ye Queries, read and approved by concurrance.
Test JNOrFO\VLER, Clerk,
*31

366 Declaration of Rights.
Anno Regni Regis Georgii tertii 14th.
At a General Assembly of the Governor and
Company of the English Colony of Connecticut
in New England in America, holden at New Ha
ven in said Colony on the second Thursday of
October, being the 13th day of said month and
continued by several adjournments to the fourth
day of November next following Annoq. Dom.
1774. By the House of Representatives of the Eng
hsh Colony of Connecticut, second Thursday of
May 1774,
This House taking into serious consideration
sundry acts of the British Parliament in which the
power and right to impose duties and taxes upon
His Majesties subjects in the British Colonies and
Plantations in America, for the purpose of raising a
Revenue only, are declared, attempted to be exer
cised and in various ways enforced and carried
into execution, and especially a very late act, in
which pains and penalties are inflicted on the cap
ital of a neighboring Province, a precedent justly
allarming to every British Colony in America, and
which being admitted and estabhshed, their lives
Hberties and properties are at the mercy of a Tri
bunal where innocence may be punished upon the
accusation and evidence of wicked men without
drfence and even without knowing its accusers, a
precedent calculated to terrify them into silence
and submission, whilst they are stripped of their
invaluable r^hts and liberties, do think it expedi
ent and their duty at this time to renew their claim
to the Vights; privileges and immunities of free
born Enghshmeh^ to which they are justly entitled,
by the "laws of nature, by the Royal Grant and
Charter of his late Majesty King Charies the sec-

Declaration of Rights. 367
ond, and by long and uninterrupted possession, and
thereupon do declare and Resolve as follows to
wit —
In the first place we do most expressly declare,
recognize and acknowledge His JVIajesty George
the Third to be the lawful and rightful King of
Great Britain and all other his dominions and
countries, and that it is the indispensible duty of
the people of this Colony, as being part of his Ma
jesties dominions, always to bear faithful and true
allegiance to His Majesty, and him to defend to
the utmost of their power against all attempts up
on his person, crown and dignity, ^
2. That the subjects of His Majesty in this
Colony, ever have had, and of right ought to have
and enjoy all the liberties, imihunities and privil
eges of free and natural born subjects, within any
of the dominions of our said King, his heirs and
successors, to all intents, constructions and pur
poses whatsoever as fully and amply, as if they
and every of them were born within the realm of
England, that they have a property in their own
estate, and are to be taxed by their own consent
only, given in person or by their Representatives,
and are not' to be disseized of their liberties or
free customs, sentenced or condemned, but by law
ful judgment of their Peers, and that the said rights
and immunities are recognized and confirmed to
the inhabitants of this Colony by the Royal grant
and Charter aforesaid, and are their undoubted
rights to all intents, constructions and purposes
whatsoever, 3, That the only lawful Representatives of the
freemen of this Colony, are the persons they elect
to serve as members of the General Assembly
thereof, 4, That it is the just right and privilege of

368 . Declaration of Rights.
His Majesties leige subjects of this Colony to be
Governed by their General Assembly in the article
of taxing and internal police, greeable to the pow
ers and privileges recognized and confirmed in the
Royal Charter aforesaid, which they have enjoyed
for more than a century past, and have neither for
feited nor surrendered, but the same have been
constantly recognized by the King and Parliament
of Great Britain.
5. That the erecting new and unusual courts
of Admiralty, and vesting them with extraordina
ry powers above, and not subject to the controU
of the common law courts in this Colony, to judge
and determine in suits relating to the duties and
forfeitures contained in said acts, foreign to the ac
customed and estabhshed jurisdiction of the for
mer courts of Admiralty in America, is in the
opinion of this House, highly dangerous to the lib
erties of His Majesty's American subjects, con
trary to the great Charter of English liberty, and
destructive of one of their most darling rights ;
that of tryal by Jurors, which is justly esteemed
one chief excellence of the British constitution,
and a principal bulwark of English liberty.
6. That the apprehending and carrying persons
beyond the sea to be tryed for' any crime alleged
to be committed within this Colony, or subjecting
them to be tryed by commissioners, or any court
constituted by act of Parliament or otherwise
within thisColony in a summary way without a
Jury, is unconstitutional and subversive of the lib
erties and rights of the free subjects of this Col
ony. 7. That any Harbors or Ports duly opened and
constituted cannot be shut up and discharged but
by an act of the Legislature of the Province or
Colony on which such Port or Harbor is situated

Declaration of Rights. 369
without subverting the rights and liberties and de
stroying the property of his Majesty's subjects.
8. That the late act of Parliament inflicting
pains and penalties on the town of Boston by block
ing their Harbor is a precedent justly alarming to
the British Colonies in America, and wholly incon
sistent with, and subversive of their constitutional
rights and liberties.
9. That whenever His Majesties service shall
require the aid of the inhabitants of this Colony,
the same fixed principles of Loyalty, as well as
self preservation which have hitherto induced us
fully to comply with His Majesties requisitions, to
gether with the deep sence we have of its being
our indispensible duty, in the opinion of this House,
will ever hold us under the strongest obligations
which *5an be given or desired most cheerfully to
grant His Majesty, from time to time, our farther
proportion of men and money, for the defence,
protection, security and other services of the Brit
ish American dominions.
10. That we look upon the well being and
greatest security of this Colony to depend (under
God) on our connections with Great Britain which
is ardently wished may continue to the latest pos
terity ; and that it is the humble opinion of this
House, that the constitution of this Colony being
understood and practiced upon as it has ever since
it existed til very lately, is the surest bond of un
ion, confidence and mutual prosperity of our
mother country and us, and the best test founda
tion on which to build the good of the whole, wheth
er considered in a civil, military or mercantile light;
and of the truth of this opinion, we are the more
confident, as it is not founded on speculation only,
but has been verrified in fact, and by long experi
ence found to produce according to our extent and

370 Declaration of Rights.
other circumstances, as many loyal, virtuous, in
dustrious and well governed subjects as any part
of his Majesty's dominions, and as truly zealous,
and as warmly engaged to promote the best good
and real glory of the grand whole, which consti
tutes the British empire.
11. That it is an indispensible duty which we
owe to our King, our Country, ourselves and our
posterity, by all lawful ways- and means incur
power, to maintain, defend and preserve these our
posterity, by all lawful ways and means now in
our power to maintain, defend and preserve these
our rights and liberties, and to transmit them en
tire and inviolate to the latest generations, and that
it is our fixed, determined and unaltered resolution
faithfully to discharge this our duty.
In the Lower House the foregoing resolutions
being read distinctly, three several times and con
sidered, were voted and passed with great una-
nimaty ; and it is further voted and requested by
this House, that the same be entered on the rec
ords and remain on the files of the General Assem
bly of this Colony, Test Williams Clerk, H. R,
In the Upper House the consideration of the
request of the Lower House, that the aforesaid
resolutions should be entered on the records of the
Assembly &c, is referred to the General Assem
bly to be holden at New Haven, on the second
Thursday of October next.
Test George Wyllys, Secretary.
In the Upper House on further consideration
&c. it is agreed and consented to, that the forego
ing resolutions; according to the request of the
Lower House be entered on the records and remain
on the files of the General Assembly of this colony.
Test George Wyllys, Secretary.

Declaration of Independence. 371
At a General Assembly of the Governor and Com
pany of the English Colony of Connecticut in
New England in America, holden at Hartford,
in said Colony, by special order of the Govern
or, on the 14th day of June, A. Dom. 1776.
Whereas the King and Parhament of Great
Britain, by many acts of said Parliament have
claimed and attempted to exercise powers incom
patible with, and subversive of the ancient, just
and constitutional rights of this and the rest of the
English Colonies in America, and have refused to
listen to the many and frequent, humble, decent
and dutiful petitions for redress of grievances and
restoration of such their rights and liberties, and
turning from them with neglect and contempt to
support such claims, after a series of accumulated
wrong and injury, have proceeded to invade said
Colonies with Fleets and Armies, to destroy our
towns, shed the blood of our countrymen, and in
volve us in the calamities incident to war ; and
are endeavoring to reduce us to an abject surren
der of our natural and stipulated rights, and sub
ject our property to the most precarious depen
dance on their arbitrary will and pleasure, and our
persons to slavery, and at length have declared
us out of the Kings protection, have engaged for
eign mercenaries against us, and are evidently and
streanously seeking our ruin and destruction, —
These and many other transactions, too well known
to need enumeration ; the painful experience and
effects of which we have suffered and feel, make
it evident, beyond the possibility of a doubt, that
we have nothing to hope from the justice, human
ity or temperate councels of the British King or
his Parliament, and that all hopes of a reconciha-
tion, upon just and equal terms are delusory and

372 Declaration of Indiependence,
vam. In this state of extreme danger, when no
alternative is left us but absolute and indefinite sub
mission to such claims as must terminate in the
extreme of misery and wrechedness, or a total
separation, from the King of Great Britain, and
renunciation of a'H conhect5jpn ySvith that nation,
and a succesful resistjmce to tliat force which is
intended to effect our destruction. Appealing to
that God, who knows the secrets of all hearts, fcr
the sincerity of former declarations of our desire
to preserve our ancient and constitutional relation
to that nation, and protesting solemnly against
their oppression and injustice, which have drive?
us from them, and compelled us to use such means
as God in his providence hath put in our power,
for our necessary defence and preservation —
Resolved unanimously by this Assembly, tl ai
the Delegates of this Colony in General Congrep,
be, and they are hereby instructed to propose to
that respectable body, to declare the United Amer-"
ican Colonies, free and independent States, absol
ved from all allegiance to the King of Great Brit
ain, and to give the assent of this Colony to such
Declaration, when they shall judge it expedient
and best, and to whatever measures may be tho\
proper and necessary by the Congress, for form
ing foreign alliances, or any plan of operationsfor
necessary and mutual defence : and also that they
move and promote, as fast as may be convenient,
a regular and permanent plan of union and con
federation of the Cojonies for the security and
preservation of their just rights and liberties, ami
for mutual defence and security — saving that the
administration of Government and the power
ought to be left and remain to the respective Co
lonial Legislatures ; and that such plan be submit
ted to the respective Legislatures for their previ
ous consideration and assent. Finis,

S .-l-iSlb-

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