[' ' %? ^ "life'' ^ >** k- ^ ^ »WWV« v J I > From the Charter of Connecticut, 1<5<)^. lith. ofJ).1KXello$ff ./\ d vvyfy'J nnxA— J qf£ sis •5 45 CO CN ^ CO 73 cv> to a s •g"53 § -si co "^v 52 ^3 co ©>.JU . C^ J§ St* fe~ £ "2 o S fcJD 05 £ o -si V, aj o oj H s= S Z £ 5 < 6* Oh H X Eg-d Whe regis' H < 05 ft 05 %±Z < H s 2 £ s 3 2 m5 3<~3 R i3 O 3 S3 « PQ » . *»-" 2° 05 « ■S 3 Cf. — cs « S G 05 « 2 „? t» -* CJ 2-^ o. fi O C c 'ic 1 8,8 5S« -(HI ** £* >>? J 3 « 2- O = < > £ 3 ^ i a 3 05 M£ a , T3 43 I « *°ffl p-l o w *h 05 s s fc2 s s 05 a« c 2 o ^-f 3 05 s £ * \tx* w i *f » 'n S rt Hu II TJ 'S'-^, e3 a ^ C/ O -t-J S ^ > 03 .2 CD C C fcjo cu-- c CD a w '51, c o o.§# '^J "^ « co c ^■^ e*i G5 ^H C o s gag 5 o o Ol o £^. CO caCn o O co O •■-• 05 DQ ts "ts a s -« o J3 ;iS •*-> o w f^.c-5 3 e to >» 2 a .2 c ^ -3 2^2 q ta ^i-i — i *j n *-3 03 2 05 i- a -3 HD oT s M O d cu 2 • r3 +3 co "T3 OS o Ph t» 2 3 ^ "^ S a. ^3 g «+-. cd +j ^o o o G 03 K3 C 3 ** o ^ a) +3 SSP n a>.9 ^5 s ^2 — ■- _■ ^550 g g_g *8 ^ OT3 w ^3 WJ o "3 c «4-< K. M a -2 ♦* 0) °- 2 . _ fc» TO j_ £»-5 3«^I Cm O CSC? 128 Letter to Lords of the Council, fyc. 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, fyc. 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 vvarr 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. Connecticut hath been long and lately in possession of great parts of those Narraganset lands, which according to his Majesties Letter of February 12th, 1097, (we humbly conceive) ought so to continue untill 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, Julv 15th, 1680. Heads of inquiry, containing 27 queries, sent from the fionourahle 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 an d Answers. 131 4. What Statutes, Laws and Ordinances, are now made and in force 1 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 1 10. What are the Boundaries, Longitude, Lat- itude and contents of Land within your Govern- ment, and what number of acres Pattented, set- tled, or unsettled, and how much is manureable Land? 11. 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 and 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 delivered 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-. 138 23. What obstructions do you find to the in> 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 quallity 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 interval! 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 Laws of England, so farr as we understand them, professing ourselves al- wavs 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 16/2, it was order- ed that the laws of the Coiony 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 509 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 useful], 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, shalf 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, fos New London* Mr. Joshua RavmonaV* 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 English 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 Plimouth, 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 Plimoutb, and the Massachusetts, and since Sr Edmund Andross is come to York, our corres- pondence with him, is not like 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 comliness for a wilderness', both those of wood, stone and brick. 12. We 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 GO 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 they 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 tonns 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, som 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 sniping, 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, som 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 English, 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 w T ith 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 folio weth : 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 Merchants, 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, 1 Sloop, 30 ton, 1 Ketch, 24 tonns, and 1 Sloop 12 tonus, 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 families, 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 x 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, 1G80. These for Mr. Blathwayte, Esq. at the Phintation office at White Hall, ]jr. 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 a part 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 tilling 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, sundry 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 graciousjy 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. Order from Lords of the Council, 145 An order of the Lords of the Privy Council, for apprehending William Kelso, Att the Court at White Hall, ) this 22d day of March, 1681. \ By the 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 General], in the late re- bellion 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 Council! of the Province of Connec- ticut, in relation to the Province of New Hamp- shire, fyc. 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 lett 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 IL Arch Bishop of St. Andrews, which we hold 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 William 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 Ball, 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 restraining 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. Bv 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 oft' 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 fellony 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- stantiail 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 v 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, 1 52 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 sued, 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 seve rail 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- zing 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. 153 stroy such person or persons, and all and every person or persons, that shall oppose or resist by stnkeing 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 Or airfield 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 Jurisdiction and 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 cspeciall 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, ordained, 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- poweringyou, 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 Hartford, 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 Duke Hamilton. 157 Edward Randolph's Letter of Attorney from Will- iam Duke Hamilton, fyc. 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, f~f HAMILTON, T~? ARAN. #~# 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 Sealing. 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 opper- tunity by the first conveyance to make their an- swer and defence before your Majestic 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 Gospel], 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. 260 Death of Charles II, fyc, That we suppose the Lord say and Brooksr 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 Patients to Connec- ticut^ 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 Hon. the Lords of the Privy Council, with information of the death of King Charles 2d, 6pc. 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 Charles 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, fyc. 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, untill his Majesties pleasure be further known ; which we do in like 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 farewell. From the Councill Chamber in White Hall, the sixth day of February, 1684. Your verv loving friends, M. CANT, DARTMOUTH, GUILFORD, J. ERNLE, PETERBOROW, HALLIFAX, C. P. S. CERAVEN, 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 William Lord. 14* iG2 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 trans mitt 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. 103 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 Wallingford, 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, Total, 1,828 00 551 £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 New 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 liberties 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 life, 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 his 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 like manner proclaymed in the other country towns of this Colony forthwith. Sr, we take this opportu- nely 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 informe 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 Frierids 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 rights, 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 form 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 I €8 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 IL 269 *iot faile by the blessing of God, of a 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 II. To the most high and mighty 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 Ma'ties colony of Connecticut^ 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 our 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 unwilling 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 Maties 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 delivered 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 English 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 him. The Governor of the Colony* %y ; * m TffiflE ©SAI&S'M&l <:),a,iu' "Demand of Charter of Connecticut. 173 October 31, 16S7. His Excellency 'Sir Edmund Andross, Knt, Capt. Gene rail 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 159 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 injury 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, &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 Ai- 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 Deming, 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 Deming, 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 liege 176 Charter of 1662. people of this ourrealm 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 forever 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 e*ery 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 other officers, or any other courts, assemblies 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, and 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 governaur, deputy-governour, and as- sistants of the said company, and other officers of the said company, 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 any of 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. 18i •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 laws 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 as 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 delinquents 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- emplification thereof, shall be to all and every such officers, superiors and inferiors from time to time, for the putting of the same orders, laws, 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-array, 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 or 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 enemies of 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- ors, aiders, abettors and counsellors in that behalf. Provided also, And our express will and pleas- 16* 186 Charier 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 liberty 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 waste 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 grace, 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 any of 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, &c. 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 imperial 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 and 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 improvement 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 yourglorv. 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, by the Attorney and Solicitor Gen- era! and others. The Corporation of Connecticott Colony, in New England, not having under their publick 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 thev 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 & 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 any judgment 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 the 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- cill, in behalf of our province of New York, in America, that the same haveing been at great ex- pence for the preservation and defence 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 to time, to the Governour or Commander-in-chief of our said province of New York, in the maintenance and 192 Letter from William lit 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 Indians, 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 direction?, 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 Jawslj 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 Middlecut, I p John Richards, Sam'll Sewall, 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, &c. full power and authority to erect, settle and establish within the chief ports of the sevei all 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- celPcy 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- ing, 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 shillings for each single letter, Winihrops Commission. 195 and so proportionally 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 whereof, 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. Winihrops 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, whom 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 prov& Instructions to Winthrop, 197 reasonably necessary, w'ch we will 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 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 them whitch 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 Wintlwop. 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 opportunety 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 Mamies that we have given good proofe of our industry in that poynt in special!. 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 successful!. 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'tiesof 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 Winthrop. 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 order 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. f 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 &c, but merely for our safety and peace, &c. Col. Fletchers LeVer 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 Parliament 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 effect u all 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' him 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 Officer 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 notning else could be heard. Fletcher commanded silence : but no sooner had the reading commenced again, than Wadsworth commands "drum, drum, I say." The drummers understan- Gen. Winthrops 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 1 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 ener- 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. Winthrojfs Petition to the King, relative to the Commission of Gotfr 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 English 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. modelling 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, untill 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 likewise 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, refer ing 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. Connecticut, in New England, in America, pre- sented by their Agent. Major Gen'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 liaised to the conduct 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. Hon'- 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. of N. 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 numbers 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, w r hen 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 their 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 those of the colonys above named, by Commission superseded the said power grant- ed to Sr William 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 of 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 publick 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- Objections 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, till 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 to conduct of Gov. of N. 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 bs 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 npar as may be, with conformity to the laws ot 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 the extent and rules of the county. But if Co'll 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'll 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 ot 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. Gthly. 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 Militia in England is commanded by the King and his Lieutenants, under the restric- tions and orders appointed by 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. It is 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- rail comand 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. Order in Council. 215 His Majesties order in Council on the subject of the Militia of the Colony of Connecticut At the Court at White Hall, the 19th of Aprill, 1694. X seal. \ Present, #~ m The Kings most Excellent Majesty. Lord Arch Bp, of Canterbury, Lord Keeper, Lord President, Lord Privy Seeale, Duke of Bolton, Lord Steward, Lord 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. Trenchard, 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 Seale 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 English Colony of Connecticut, in America, with power as well for the civill admin- istration of affairs, as the Lieutenant for the or- 210 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, untill the month of October last, they have enjoyed the said liberties 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 establishing 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 West Newjersey, 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 matter to us referred and do finde, that King 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 Kings of England, as of their 19 218 Order in Council. mannor 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 1 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 on just occasion to invade and destroy the natives or the 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 die 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 same, with severall powers and authorities. And that their Majesties by their comission under the great seal, dated the tenth of June 1G93, 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, pyrat.es 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 irom 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. Rlaythwaite, 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 dan- ger, for the necessary preservation of some of their Colonies, and at such times only when such of the Colonys whereout the forces shall be drawn, 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- ticut^ 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* %%% Letter from Queen Mary* Postcript of a Letter from Gen. Winthrop to the Governor and Council of the Colony of Con- necticut, dated London June 4th 1694, relative to the Narraganset country. Sir — I think it my duty to let your hon'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 oppertunity by the mast ships or sooner, ta inform yo'rselves about it. J. WINTHROP. Copy 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 Governouror comanderin 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- ticut^ and the adjacent colony s, 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 224 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 Militia 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 Attour- 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 war?, to comand a quota or part of the militia 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 militia 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 mast 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 RoyaU determination in the matter, which we thought fitt to lett you know ; and so w r ee 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. 2*28 Letter from Gen, Winthrop. 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 understand. 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 ship who caryes the souldiers to New York, to sayle with the first winde, and their Maj'ties letter being soe lately delivered to rne, 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 yourselves, I shall alwaye thank God for the oppor- tunity he has given me to serve my country, I shall hope to heare from yorselves 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 received 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, believing 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, is all at present but the assurance that I am Your most fay'thfull serv't, J, WINTHROP. London, Aug. 2d, 1694. 20 230 Address to William III. Copy of an A ddress from the Governor and coun- cil of the Colony of Connecticut, to his Majesty William 3d. To the most High and Mighty Prince Wra. the 3d, of England, Scotland, France and Ireland, King, Defender of the Fayth, &c. 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 w r eather thereby taking from us our most princi- ple graine, 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 assasiinatc 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 Lords 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 been 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 lloyall Fleet, to oppose the enemy, his Majesty hath found it ab- solutely necessary to lay a general! 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 s&* Letter from William BlathwayU 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, 1695-6. 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 Parliament, and by the severall coun- ties and corporations in England, and a bill is like- wise 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 within 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 r 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 his Ma- jesties Roy all 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, 2S5 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 ot 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 Thomas 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- necticut^ in New England, for the time being. The opinion of Sir Thomas Trevor, about the Narraganset Country. To the Right Hon'ble, the ComWsfor Trade and Plantations — May it please your Honours — In obedience to an order of renerence of the Right Honnourable, the Lords of the Committee of Trade and Plan- tations, signified to me by Mr. Povey, the 22d 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- erals, 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 to Rhoad Island. All which is submitted to your Honnours great wisdome. THO, TREVOR. October 28th, 1696, 238 Francis Pembertorfs 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 manual 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 Connecticut 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 limits 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- ticut^ Narragansett, Warwick and other places ; and in the years 1659, and 1660, 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 untill the year 1683, which was about *Marquis Hamilton. 240 Francis Pembertorts 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 from 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- provements 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 piuxhase 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. Qaere. — 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 &c. 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 lie. FR. PEMBERTON, 1696. Copy of a Letter from the Governor and General Assembly 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 calling 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 theratill 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 demandes, 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 ve 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 approve thereof to pr'sent his 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 disenabled of pro- curing 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 244 Letter to Gen. Winthrop. o'r last hundred pownd sent, went into the hands 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. Hono'ed Sr, we are very sorry to understand the discouragements you are under for want of o'r letters, we find 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 us 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, which 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, fyc. Gentlemen — His Majesty haveing been 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 : — Connecticut^ 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- ny s 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 colonv 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 Gov- 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 we 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 dispeopling of the colonies so abandon- ed by them, and to the great dishonnour of the English 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 such 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, tyc. 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, protection 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 infallibly 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 and punishing of Privateers and Pi/rates, 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 frietids, 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. LeHer from King William III. 249 A Letter from 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 w r ho 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 Aprili, 1697, in the ninth j^ear of our reign. Bv 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. Winihrop while in England, as Agent for the Colony of Connecticut. White Hall, Aprili the 23th, 1697. Sir — The Lords Commissioners of the Councill of Trade, have commanded me to 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 your 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 fully appear; which said tracts of lands your petitioners father intended to settle, untill 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 cpnfirme to the planters, their respective settle- ments under such reasonable acknowledgments as are paid by other planters in the like cases. Your petitioner therefore most humbly prays your Majestie to give order, that she may be es- 252 Order in Councill. tablished 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- tie may fitly do therein, for the honnourable peti- tioners just satisfaction. WILLIAM BRIDGEMAN. Case of Dutches of Hamilton, 253 A Letter from Wm. Popple Esqr., to Gov, Win- throp, enclosing- a copy of the case of the Dutch- es of Hamilton, relative to Narraganset coun- try t 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 April!, 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 life 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 Kin S- . . . - 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 Nicholls 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 thousand 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. ining 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- ganset 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 application 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 Connecticut^ gave in their answer to the Duke and Dutchess claime, which the petitioner is ready to produce, with the reply thereunto. 22 258 Memorial of Gen. Winthrop. Copy of a Memorial laid before the Lords of the Council of Trade, by Gen. Winthrop, 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 Connecticut^ 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. 250 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, fyc. Gentlemen — Wee send you herewith the duplicate of a let- ter thac 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 freat importance both to this Kingdom, and to his [ajesties 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 carrying 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 verv 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 herewithall the Proclamation for publishing 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 an( comanders of ships throughout said Governmen 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, $c. 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 Council of Trade, 4-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 Ma*ch 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- lished 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 in 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 Livecn 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, had 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, tyc. ' 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 23 260 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 in 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, particularly 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 not 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 Instructions from Lords Justices •„ Instructions from the Lords Justices of England, V > By the Lords Justices. Instructions for the Gov- ernour and Company of his Majesties colony of Con- necticutt, in America. Tho. Cantuar, Somerset, Pembroke, E. S. S. Marlborough, Romney, Orford. f ~~# Given at White Hall, the 10th day X seal. \ of Novr. 1698,in the twelfty yearof jL~~~ JL 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 take 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 care that the naval Letter from James Vernon. 269 officer or officers, in his Majesties colony of Con- necticut! 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 he continife still in those parts, so 23* 270 Letter from James Vernon, likewise 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 pellicular 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 ot 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 he 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 no 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 laud to New York, armed with thirty guns and about 80 men. On his arrival at New York he doubled his number of hands and put again to sea. The first dishonest or piratical act of Kidd was at Mabbee, 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 soma time about the coast of Malabar, where he plundered many small vessels and a Portuguese ship, and mur- 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 then sailed for Madagascar and became a terror to his own'countrymen, as dangerous to the lives of his fellow- men, and to the commerce of the world. The news reaching England, the King offered 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 them. 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 home 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 the 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 time that Kidd was at New York and Boston, (tho' his name is notmentioned[upon 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 272 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. GentlUken — 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 Indian, 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 HI. 273 for their use. His Majesty requires that you do not fail herein, but take pellicular 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. 1 am Gentlemen, your most humble Servant, JA. VERNON. To the Governour and Company of his Majes- ties Colony oi Connecticutt, in America. A Letter from his Majesty William 3d, command- ing that all Pirates seized here shall be sent to England, fyc. 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 charge and re- quire you to send hither in safe custody, all Py- rates, who are or shall be seized in our 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 like 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 of 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. \ The 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 established 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 cr 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* 277 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 m Councill, 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 established 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 the Governour and Company of the colony of Connecticott 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 Vernon, 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 Crown 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. #~~~ — % \\r e t ne Governour and Gener'll | seal of I Assembly of his Majesties colony of X (.Jlqny. \ Connecticut in New England, have- 4~~~ % 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 year of 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 Commission to Henry AshlwrsL Sovraigne Lord the King, or such others as under his Majesty may take cognisance of the said affaire ; 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 in 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'Il 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 si^nifie his pleasure to you, that you put the said effects, (whether they be in money or goods) into the hands of the Earle of Bellomont, 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 Bello- mont being likewise 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- lomont 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 Ashhurst T s Memorial. Copy of a Memorial relating to the Narraganset Country, laid before the Lords of the Council of Trade, by Sir Henry Asldiurst. To the Right Houn t ble The Lords Com'rs of Trade and Plantations, The humble memorial of Sr Henry Ashhurst, Baronett, Agent for the colony of Connecticut 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 application to the said colony of Con- necticut^ 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, bearing date the 23d day of Aprill, in the fourteenth year of 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 and 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- tled, till some time after their quiett was disturbed by the plantation 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 will appear to your Lordships groundless and not justifiable, up- on those following accounts. 1st. They must either affirme that the bounds 284 Henry Ashkursfs 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 return of the proceed- ings, under the commissioners hands, being like- wise ready to be produced to your Lordshipps, by which it doth appear that in obedience to the same comission, they 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 Connecticutt, 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 mannor 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 w T as 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 wisdom e bv 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 Aslihurst, 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 Henry AshhursVs 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 inferiour 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 try all 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 effectual!, 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 Ashhursfs Memorial. dome, the expence must inevitably be great, what- ever the vallue 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 families and treasures into this Kingdom, where the ac- quirements of their industry may be effectually secured to themselves and 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 Cbnnecticutt 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 the 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 laws, 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 cases 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 25 290 Henry Ashhurst's Memorial. the colony of Connecticutt, this will make them absolutely independent on the Crown of England, Resp. To this we answer, that such a 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 not 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 inGonveniencies, and in fine a totall subversion of the said colony. All which is most humbly submitted to your Lordships great wisdom, by H. ASHHURST. Note.-~» Although no date appears to the foregoing" 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 the Mohegan Indians) in 1659, had ceded this tract of country to Major Mason, who acted in the capacity of Agent of Con- necticut ; Mason, after this treaty with Uncas, surrendered the ceded territory to the Colony. Some of his decendants in connection with Palmes, the Hallams and others, claiming 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 Tittle 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 27thy 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 Se&y Vernon, tyc. 293 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, 6fC White Hall, Oct. 13th, 1700. Gentlemen : — You will see by the enclosed copy of a certifi- cate, under the hand of the Mayor, and seal of the corporation of Plymouth, that Thomas Burley, 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 usefullness forceably detained by them ; if therefore this shipp of Pyrates, or the said two 25* 294 Letter from Sec'y Vernon, <$y Vernon, tyc. 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 her, 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 one 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 seat 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, &c. Annoq Dom. 1700. RICHARD OPIE, f ~| Mayor. \ seal. j 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 YOUNfcE, T. HOLMES. Att the Court at Kensington, ) the 5th day of December, 1700. ) Present. The Kings most Excellent Majesty in Council. Upon reading this day at the Board, the petition of John Hallatn 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 New England, for refusing to admitt the petitioners to Letter from William III. 297 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 Council], 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 Ids 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. WlI*LlAM 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 like occasion. But it being yett further needfull that 298 Letter from William III. our other plantations and colonys on 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 Bellomont, 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 day of January, 1700-1, in the twelfth year of 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, fyc. 299 The Quota of Men to be furnislwd 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- tie, 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, tyc> 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 full 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, matters 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, fyc, 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 rime 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, fyc. seal of England, and according to the usages in his Majesties other plantations in America. 1701. Note. — The colony was at this time in the most critical sit- uation. 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 ot 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. "While 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 Henr}^ Ashhurst was appointed agent of Connecticut, he opposed his undertaking the agency with all his influfence. 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 religious 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 taking 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 enterprise in settling the eountry ; these and various other considerations operated so powerfully against the bill, that it could not be carried through the houses. — Trum. Hist, of Con. Henry AshhursVs Petition. 303 Copy of the Petition of Sir Henry AsJihurst, 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 Temporalis 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, &c. 304 Order from the King, <^c. Copy of an order of the Lords Spiritual and Tem- poral, that Sir Henry Ashhurst may be heard agadnst the passing of an act for reuniting to the Crown, several Colonies and Plantations in America, Die Sabbati, May 3d, 170 1. Upon reading the petition of Sir Henry Ash- hurst, Barronet, Agent for the colony of Connec- ticut^ 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 Parliament. An order from the King, submitting the case of John and Nicholas Hallam to his Majesty in Councill, tyc. At the Court at Kingston, ) the 12th of June, 170M Present, The Kings Most Excellent Majesty. Lord Arch B'p of Canterbury, Lord Keeper, Lord President, Lord Chamberlain, Earle of Berkely, Earle of Rochester, Mr. Vice Cham* Letter from Lords of Privy Council. 305 berlain, Mr. Secretary Hedges, Lord Chief Justice Holt, Sir Henry Goodricke. 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 Govcrnour and Company of Connecticut had refused to ad mitt them to appeal to his Majesty in Council], 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 heared 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 of Privy Council, out of this troublesome life, our late Sovereign Lord, King William the third, of most blessed memory, and thereupon her Royall Majesty, Queen Ann being proclaimed, we have thought 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, untill 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, <£c. 307 A Letter from the Rt. Hon. the Lords of tJte Council of Trade, with the information of the death of King William the 3d, fyc. 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, For her Majesties especial service. To the Honn'ble the Governour and Company of 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, fyc. 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. 309 lo the Right Honnourable the Lords Commission- ers/or 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 Cosser and William Crawford, saylors, were forcibly stopt and kept on board the Pyrate. Wherefore I, your Petitioner, pray your Honnors that some notice may be given to the several 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 Abney, Mayor* 310 Letter from Earl of Nottingham . Letter from the Rt. Hon. the Earl of Nottingham, one of her 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 your Government, 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 General!, 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, <$-c. 311 Letter from the Rt. Hon. the Lords of the Council of Tirade, directing the Governour and Company to prepare for their security, and to render as- sistance to New York, tyc. White Hall, 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 Gov'r and company of the said colony for the time being. Connecticut. 3 1 2 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 ivell 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 Yithday 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 che 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 English, 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, fyc. 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, entituled an act for rais- ing recruits for the land forces and marines, and for dispencing with part of the act forincourage- 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 limited 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 English, 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 20,000 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. SI 6 Letter from Henry Ashh urst. 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 25tb, 1704. Your very lovein^ friends, PH. MEADOWS, WM. BLATHWAYT, MAT. PRIOR. GovV 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. Saltonstail, to whom with much respect remember me. As to Ajetter from Henry Ashhurst. SIT 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 hearing next October, and had some materialls, but is now agreed to be put off untill 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 Askhurst. 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 believe they will not have his other appeale : I do not doubt but all these tricks will turn at last to the country s 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 militia ; 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 Queene s 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 Parliament, against an act of Parliament yt will Letter from Henry Ashhur st. 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 small 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 better 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 fyc. of Connecticut. Kensington, ffeb. 15th, 1704-5 Honourable Sr. And you the Govu J 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 Ashhurst. 321 Major Yaughan 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 ftriend* 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 William'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 council!, 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 you were not able to defend ye colony, and yt it was in eminent danger of being possessed 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 — 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 lett 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 en#a- 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, yt I 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 Coi nbury 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) should draw ye most materiall crimes, and yt a copy of them should be sent to Coll. D. and to my Lord Cornbury, and 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 bone Mr. Buckly, all by D's contrivance has sent a large ffolio 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 Andros'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 w r ould consid- er, to make such answers as may once for all de- liver you from the like danger; remember ye Ca- nanite is in ye 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 Parliam'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, I 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 special! messenger of some credit withall yo'r dispatches, since letters are so intercepted. If 1 had not made some great interest, I know how things would have gone. 1 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. Nole. — 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 Geonre 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 seve- Letter from Henry AshhursL 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 give 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 heared, 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 you men- tioned in severall of your letters, (to wk) 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 1 can for 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 heared I suppose before the Queen and Councell, by my Council!. 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 Say well 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 a new Governour of New England, you will have little 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, fyc. 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, fyc. 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 right done 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 from 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. TVinthrop, 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 Cornbury. Dudley and his abettors had laid their plans with great art and intrigue ; but Sir Henry Ashhurst, stood firm against all their assaults ; it 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 men in actu- al service. Four hundred of this number had been employed in the defence of Massachusetts and New York. The complaint that Connecticut harbored deserters, pirates 358 Form of Prayers for Royal Family. for the time being — Given at our Court at St. James's the 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 London, 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 that in 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 and climate, 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 1 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* §61 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- ty 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 on the 13th day 1 1 Sej . mber, 1748. 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 actispass'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 bills 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, English 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'. Iy 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. 13. 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 GovernnTt, and partly westward of it. 15. The Spaniards have no settlements near to us than St. Augusteen ; the French, 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 the 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 expell- ees 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 tryal 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, j 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 ve Queries, read and approved by concurrance. Test JNO. FOWLER, 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- lish 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 established, their lives liberties and properties are at the mercy of a Tri- bunal where innocence may be punished upon the accusation and evidence of wicked men without defence and even without knowing its accusers, a precedent calculated to terrify them into silence and submission, whilst they are stripped of their invaluable rights and liberties, do think it expedi- ent and their duty at this time to renew their claim to the rights, privileges and immunities of free born Englishmen, to which they are justly entitled, by the laws of nature, by the Royal Grant and Charter of his late Majesty King Charles 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 Majesty 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, immunities 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 controll 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 established 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 this Colony 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. 3G9 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 can 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 in our 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. I)om. 1776. Whereas the King and Parliament 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 reconcilia- tion, upon just and equal terms are delusory and S72 "Declaration of Independence* vain. 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 alF connection with that nation, and a succesful resistance to that force which is intended to effect our destruction. Appealing to that God, who knows the secrets of all hearts, for 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 driven 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, that the Delegates of this Colony in General Congress, 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't proper and necessary by the Congress, for form- ing foreign alliances, or any plan of operations for 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 Colonies for the security and preservation of their just rights and liberties, and "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. ^ ^ iV ^ ««?* °o. ^^ •. W W V TVs* <* vP S*** -^ C~ ♦ J- -** V ■,MAP7i«v ♦2> • % «£ * **^ ^ t* LIBRARY OF CONGRESS 014 111 602 2