History: PA Archives: Second Series, Vol. 18: CONNECTICUT RECORDS EXAMINED BY PENNSYLVANIA : DOCUMENTS RELATING TO THE CONNECTICUT SETTLEMENT IN THE WYOMING VALLEY. Contributed for use in the USGenWeb Archives by Joe Patterson and Sally. USGENWEB ARCHIVES (tm) NOTICE All documents placed in the USGenWeb Archives remain the property of the contributors, who retain publication rights in accordance with US Copyright Laws and Regulations. In keeping with our policy of providing free information on the Internet, these documents may be used by anyone for their personal research. They may be used by non-commercial entities so long as all notices and submitter information are included. These electronic pages may NOT be reproduced in any format for profit. Any other use, including copying files to other sites, requires permission from the contributors PRIOR to uploading to the other sites. The submitter has given permission to the USGenWeb Archives to store the file permanently for free access. http://www.usgwarchives.net/pa/pafiles.htm _____________________________________________________________________________________________ NOTE: An html version of this volume may be found at http://www.usgwarchives.net/pa/1pa/paarchivesseries/series2/vol18/paarch2-18toc.html <>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<>~~<> DOCUMENTS RELATING TO THE CONNECTICUT SETTLEMENT IN THE WYOMING VALLEY. EDITED BY WILLIAM HENRY EGLE, M. D. HARRISBURG: E. K. MEYERS, STATE PRINTER. 1893. [Page numbers are in carats.] TABLE OF CONTENTS. _ _ _ _ _ _ Minutes of the Susquehanna Company, 1-123 An Examination of the Connecticut Claim, 125-214 Connecticut Records examined by Pennsylvania, 215-276 The Dutch Records of New Netherlands, 277-322 Letters from the Pennsylvania Claimants, 323-388 Letters from Secretary of Land Office, 389-430 Letters from the Commissioners, 431-514 Book of the Fifteen Townships, 515-572 Journal of the Commissioners, 1810, 573-609 Miscellaneous Papers relating to the Wyoming Controversy, 611-780 Index, 781 _____________________________________________________________________________________________ <215> CONNECTICUT RECORDS AS EXAMINED BY THE STATE OF PENNSYLVANIA IN 1782. <217> THE CONNECTICUT RECORDS. _ _ _ The Fenwick Agreement. Articles of Agreement made, and concluded betwixt George Fenwick, Esq'r., of Saybrook Fort on the one part, and Edward Hopkins, John Haynes, John Mason, John Steel and James Boosey for and on the behalf of the Jurisdiction of Connecticut River on the other part, the 5th of December, 1644. The said George Fenwick Esq'r., doth by these presents convey and make over to the use and for the Behoof of the Jurisdiction of Connecticut River aforesaid, the Fort at Saybrook with the Appurtenances hereafter mentioned to be enjoyed by them forever. Two deme culverin cast Peices with all the Shot thereunto appertaining except Fifty which are reserved for his own Use. Two long Saker cast peices with all the Shot thereunto belonging. One Murtherer with two Chambers, and two hamered Peices, two Barrels of Gun Powder, Forty Musquets with Bandeliers and Rests, as also four carabines, Swords, and such Irons as are there for a Draw Bridge, one Sow of Lead and Irons for the Cariages of Ordinance and all the Housing within the Palisado. It is also provided and agreed betwixt the said Parties that all the Land upon the River of Connecticut shall belong to the said Jurisdiction of Connecticut, and such Lands as are yet undisposed shall be ordered and given out by a Committee of Five whereof George Fenwick Esq'r aforesaid is always to be one. It is further provided and agreed That the town of Saybrook shall be carried on according to such agreements and in that way which is all ready followed there, and attended betwixt Mr Fenwick and the Inhabitants there. It is also provided and agreed betwixt the said Parties, that George Fenwick Esq'r shall have Liberty to dwell in, and make use of any or all the Housing belonging to the said Fort for the space of Ten Years, he keeping those which he makes use of in sufficient repair (extraordinary Casualties excepted) and in Case he remove his dwelling to any other place that he give half a years warning thereof that Provision may be made accordingly, only it is agreed that there shall be some convenient <218> CONNECTICUT RECORDS. part of the Housing reserved for a Gunner and his Family to live in if the Jurisdiction see fit to settle one there. It is further provided and agreed betwixt the said Parties that George Fenwick Esq'r shall enjoy to his own proper use these particulars following. The House near adjoining to the wharff with the Wharff and an Acre of Ground thereunto belonging Provided the said Acre of Ground take not up above eight Rods in breadth by the waterside. The point of Land and the Marsh lying under the Barn already Built by the said George Fenwick. The Island commonly called six Mile Island with the Meadow thereunto adjoining on the East side the River. The Ground adjoining to the Town Field which is already taken off and inclosed with three Rayles by the said George Fenwick, only there is Liberty granted to the said Jurisdiction if they see fit to build a Fort upon the western point whereunto there shall be allowed an Acre of Ground for a House Lott. It is also provided and agreed That the said George Fenwick Esq'r shall have free Warren in his own Lands, and Liberty for a Fowler for his own Occasions, as also the like Liberty is reserved for any other of the Adventurers that may come into these Parts with a double House Lot in such place where they may chuse to settle their abode. All the forementioned Grants except before excepted the said George Fenwick, Esq'r doth engage himself to make good to the Jurisdiction aforesaid against the Claim that may be made by any other to the premises by Reason of any Disbursements made upon the place. The said George Fenwick doth also promise that all the Lands from Narraganset River to the Fort of Saybrook mentioned in a Pattent granted by the Earl of Warwick to certain Nobles and Gentlemen shall fall in under the Jurisdiction of Connecticut if it come into his Power, For and in regard of the Promises and other good Considerations the said Edward Hopkins, John Haynes, John Mason, John Steel, and James Boosey Authorized thereunto by the General Court for the Jurisdiction of Connecticut, Do in behalf of the said Jurisdiction promise and agree to and with the said George Fenwick Esq'r That for and during the space of ten full and compleat years to begin from the first of March next ensuing the date of these presents there shall be allowed and paid to the said George Fenwick or his Assigns the perticular Sums hereafter following: Each Bushel of Corn of all sorts or Meal that shall pass out at the Rivers mouth shall pay two pence p'r Busshel. <219> CONNECTICUT RECORDS. Every Hundred of Bisquet that shall in like manner pass out at the Rivers Mouth shall pay sixpence. Each Milch Cow, and Mare of three years old or upwards within any of the Towns or Farms upon the River shall pay Twelve pence p'r Annum during the aforesaid Term. Each Hog, or Sow that is killed by any perticular Person within the Limits of the River and the Jurisdiction aforesaid to be improved either for his own perticular Use, or to make Market of shall in like manner pay Twelve pence p'r Annum. Each Hogshead of Beaver traded out of this Jurisdiction and past by Water down the River shall pay Twenty shillings Each pound of Beaver traded within the Limitts of the River shall pay two pence, only it is provided that in Case the General Trade with the Indians now in Agitation proceed, this Tax upon Beaver mentioned in this and the foregoing Article shall fall. The said Committee do by the Power aforesaid consent and agree to and with the said George Fenwick Esq'r That he the said George Fenwick and his heirs shall be free of any Imposition or Costomes that may hereafter by the Jurisdiction be imposed at the Fort. It is agreed that the aforesaid Payments shall be made in manner following: What shall be due from the Grain that is Exported shall be paid in Grain according to the proportion of the several kinds of Grain that do pass away at the common current price, neither attending such prices on the one Hand that the Court may set, nor yet on the other Hand such as Corn may be sold at through the necessities of Men, and in Case of any difference then the price shall be set by two good men the one chosen by Mr Fenwick and the other by the Court, what shall be due otherwise shall be paid in Beaver, Wampum, Barley, Wheat or Pease, the former Consideration for the price to be herein also attended; and it is provided and agreed that a strict order and Course shall be taken in observing what Grain is put abord any Vessel that goeth down the River from any of the Towns, and due notice being taken thereof every Boat or Vessel shall be enjoined to take a Note from some deputed by the Court in each Town what quantities and kinds of Grain are aboard the said Vessel and to deliver to M'r Fenwick or his Assigns at Saybrook so much as will be due to him according to the forementioned agreements, And likewise for the other payments due a Care shall be taken that they be made at the place aforesaid in as convenient a way as may be comfortably attended and that all indirect Courses be prevented whereby the true meaning of these agreements may be Evaded. <220> CONNECTICUT RECORDS. In Witness whereof the Parties before mentioned have hereunto put their Hands the day and Year abovesaid. GEORGE FENWICKE EDWARD HOPKINS JOHN HAYNES JOHN MASON JOHN STEEL JAMES BOOSEY It was afterwards concluded both by the General Court of Connecticut and M'r Fenwick that in Case there should any Difference arise touching the Interpretation of any of the within mentioned Agreements the determination and Issuing thereof should be referred to those who made the said Agreements being best acquainted with their own intendments. It was also agreed betwixt George Fenwick Esq'r and the Com'tee within mentioned the 11th of October 1645 in regard there hath not been a due and full attendance to the said Agreements this present Year, by means which in part arose from the unwillingness in Masters of Vessels to stay always at Saybrook for the delivery of the Corn due to M'r Fenwick, that the said Agreements shall begin and take place from the first of March next being 1645 to the end and Term of Ten Years and for the preventing of the aforementioned difficulty George Fenwick Esq'r doth agree is content to take what Corn shall be due unto him at the Towns of Hartford or Weathersfields and the said Committee doth in behalf of the General Court and by Virtue of Power committee to them agree and undertake that at any Time within fourteen Days after warning and notice given by George Fenwick, Esq or his Assigns there shall be delivered to any Vessel he or they shall appoint such Corn as is due to him by Virtue of this Agreement at either of the Towns aforesaid. Nevertheless it is still provided that the Master of every Vessel carry a Note of the quantities of Grain with the several kinds thereof that are laden by any aboard his Vessel from such Persons as are deputed by the General Court to that Service and deliver it to George Fenwick or his Assigns before they depart from Saybrook under the penalty mentioned in an Order made by the General Court of Connecticut for preventing of any indirect or collusive proceedings in violation of the said Agreement. And whereas several penalties are by the said Order to be inflicted upon such as shall transgress or seek to evade the true meaning of the said Agreements. It is now agreed and consented to by the aforesaid Committee that the one half of that which is so forfeited by any shall be and appertain to the said George Fenwick Esq'r or his Assigns and the other to such as shall inform. E. HOPKINS. <221> CONNECTICUT RECORDS. A true Copy from the ancient Records of the State of Connecticut. Examined By GEORGE WYLLYS, Secretary. _ _ _ The Proceedings of the New England Commissioners. At a Meeting of the Commissioners for the united Colonies of New England held at Boston the second September, 1658. The Issue of the difference between the town Colonies of the Massachusetts and Connecticut about the Pequot Country being jointly referred to the Commissioners of the other two Colonies is as followeth: Whereas there is controversy again revived between the two Colonies of Massachusetts and Connecticutt concerning their Interest in the Pequot Country, and many Pleas have been made on both Sides; for their greater Interests We having seriously weighed what hath been by each of them alledged, Conceive the Determination doth arise only from the several Rights by Conquest, the which from ought we can understand is not greatly different, Yet being tender of any Inconvenience or Disturbance that may arise or accrue to those that are already possessed Either by Commission from Massachusetts or Connecticut in any part thereof should they now be put out of their Improvements And also upon Inquiry find not the Pequot Country which extendeth from Naantick unto a place called Wekapaug about Ten Miles Eastward from Mistick River may conveniently accommodate two Plantations or Townships, We therefore respecting things as they now stand do conclude, That Mistick River be the Bounds between them as to Proprietary Jurisdiction so far as Conquest may give Title thereunto, Allways Provided that such as are already accommodated by Commission from Either of the said Governments or have Grants of any Tract of Land on any side of the said Mystick River be not molested in any their Possessions or Rights by any after Grants, and that all due Care be had that Christian Society and Ordinances may be provided for, and upheld according to God in each Plantation. THOMAS PRINCE JOSIAH WINSLOW FRANCIS NEWMAN WILLIAM LEETS Boston 16th Sep'br '58. <222> CONNECTICUT RECORDS. By Bounding it by Mistick River We intend that the River should be the Bounds so far as the Pond by Lanthorn Hill and thence from the middle of the said Pond to run away upon a North Line. A true Copy from the Records of the Commissioners of the united Colonies, in the Secretary's Office of the State of Connecticut. Examin'd, BY GEORGE WYLLYS, Secretary. _ _ _ At a Meeting of the Commissioners for the United Colonies of New England held at Hartford, September first, 1659. A controversie betwixt the Governments of Massachusetts and Connecticut determined as followeth: Concerning their several Rights in the Pequot Country formerly heard by the Commissioners of the other two Governments was now again revived, and a Review desired by Major John Mason, and Daniel Clark, Agents appointed and impowered by the General Court of Hartford the forementioned Pleas on either Side presented being daily weighed and considered by the Commissioners of the other two Colonies, We do declare as followeth viz, That we se no cause to vary from the determination the last year, we finding no meterial new Evidence, on either side that might draw us thereunto, For although Connecticut have largely pleaded their Right by Pattent yet they have not produced any, nor proved it to our satisfaction, much less have they proved that this Pattent that they speak of doth include the Lands in Controversy; As to their mutual plea of Possession we wave it, as finding them both to be thought at several Times possessed. To the main plea of Conquest on which the Hinge of our determination principally depends, We cannot but consider them as joint Conquerors their Cause and Quarrel being the same, and against the same common Enemy, for altho' the Victory obtained against them at Mistick Fort (which was the great Blow given them in the Pequot Country) must be given to the forces of Connecticut only (under God) yet it is evident that the Massachusetts were at the same time upon motion, having the same design in their Eye, and though their remoteness made them too late to engage with them in that Expedition, yet its undeniable that the Massachusetts struck in with them in the prosecution of the same War, and did though persued to another Place Vanquish the same Enemy, without which the con- <223> CONNECTICUT RECORDS. quest was not Compleat, and might yet have proved difficult. And if we look into the Ancient Records of the Commissioners we shall find that the Right of the Massachusetts by Conquest was at no Time denyed, sometimes called a joint Conquest and at a Common Charge and at that Time when the Plantation of New London was given to Connecticut its in the very Act implyed that there is a reservation still made for them. JOS. WINSLOW THOMAS SOUTHWORTH FRANCIS NEWMAN WILLIAM LEETS HARTFORD, September 14th, 1659. A true Copy from the Records of the Commissioners of the united Colonies in the Secretary's Office of the State of Connecticut. Examin'd BY GEORGE WYLLYS, Secret'y _ _ _ The King's Letter to the Colony. To our Trusty and well beloved Our Governor and Council of our Colony of Connecticut in New England. Charles R. Trusty and well beloved We greet you well, having according to the resolution We declared to M'r John Winthrop at the Time when we renewed your Charter, now sent these Persons of known Abilities and affection to Us, that is to say Co'l Richard Nichols S'r Robert Car Knt. George Cartwright Esq'r and Samuel Mavericke Esq'r as our Commissioners to visit those our several Colonies and Plantations in New England, to the end that We may be the better informed of the State and welfare of our good Subjects, whose prosperity is very dear to us, We can make no question but that they shall find that reception from you, which may testify your respect to Us from whome they are sent for your Good, We need not tell you how careful we are of your Liberties and Privileges whether Ecclesiastical or Civil which we will not Suffer to be violated in the least degree, and that they may not be, is the principal Business of our said Commissioners as likewise to take Care, that the Bounds and Jurisdiction of our several Colonies there may be clearly agreed upon, that every one may enjoy what of right belongs unto them without strife and Contention, and especially that the Natives of that Country who are willing to live peaceably and Neighbourly with Our English Subjects may receive such Justice and civil Treatment from them as may <224> CONNECTICUT RECORDS. make them the more in Love with their Religion and Manners; So not doubting of your full Complyance and Submission to our desire We bid you farewell. Given at our Court at Whitehall the 23d day of April 1664 in the 16th Year of our Reign. By his Majestys Command HENRY BENNET. To the Governor and Council of Connecticut in New England. A true Copy of the original Letter, in the Secretary's Office, of the State of Connecticut. Examin'd By GEORGE WYLLYS, Secret'y. _ _ _ By Virtue of his Majesty's Commission We have heard the differences about the Bounds of the Pattents granted to his Royal Highness the Duke of York and his Majesty's Colony of Connecticut, and having deliberately considered all the Reasons alledged by M'r Allyn Senior M'r Gold, M'r Richards, and Cap't. Winthrop appointed by the Assembly held at Hartford the 13th day of October 1664 to accompany John Winthrop Esq'r the Governor of his Majesty's Colony of Connecticut to New York, and by M'r Howel and Captain Young of Long Island, why the said Long Island should be under the Government of Connecticut, which are too long here to be recited; We do declare and Order that the Southern Bounds of his Majestys Colony of Connecticut is the Sea, and that Long island is to be under the Government of his Royal Highness the Duke of York as is exprest by plain words in the said Pattents respectively. And also by Virtue of his Majestys Commission and by the consent of both the Governors, and the Gentlemen abovementioned, We also Order and declare, that the Creek, or River called Mamoronock which is reputed to be about Twelve Miles to the East of West Chester, and a Line drawn from the East point, or side where the fresh Water falls into the Salt at highwater mark, North North West to the Line of the Massachusetts, be the Western Bounds of the said Colony of Connecticut, and all Plantations lying westward of that Creek, and Line so drawn, to be under his Royal Highness Government, and all Plantations lying Eastward of that Creek and Line, to be under the Government of Connecticut. Given under our Hands at Fort James in New York on Manhatans Island the 30th day of November 1664. RICHARD NICOLLS GEORGE CARTWRIGHT SAMUEL MAVERICKE. <225> CONNECTICUT RECORDS. We under writen on the behalf of the Colony of Connecticut, have assented unto the determination of his Majestys Commissioners in relation to the Bounds and limits of his Royal Highness the Dukes Pattent and the Pattent of Connecticut Nov'br 30th, 1664 JOHN WINTHROP MATHEW ALLYN NATHAN GOLD JAMES RICHARDS J. WINTHROP A true Copy of an Original as on file in the Secretary's Office of the State of Connecticut. Examin'd. By GEORGE WYLLYS, Secret'y. _ _ _ Proceedings of the King's Council. At the Court at Kensington the 28th day of March, 1700. Present. The King's most Excellent Majesty. Lord Arch Bpp of Canterbury, Earl of Tankerville. Lord Chancelor, Earl of Jersey. Lord President, Lord Ferrers. Duke of Bolton, Lord Lexington. Lord Great Chamberlain, M'r Montague. Earl of Stamford, M'r Secretary Vernon. Whereas at a Council held at Fort James in New York the 23d of November, 1683, certain Articles of agreement were concluded, between Colonel Thomas Dongan, then Governor of that Province and the Council of the said Province, on one side, and Robert Treat Esq'r Governor of the Colony of Connecticut, Major Nathaniel Gold, Captain John Allyn, Secretary, and M'r William Pitkin in Commission with him from Connecticut, on the other side in the words following: It is agreed that the Bounds Meers, or Dividend between his Royal Highness's Territories, or Province in America, and the Colony of Connecticut, forever hereafter shall begin at a certain Brook or River called Byram Brook, or River, which River is between the Towns of Rye and Greenwich, that is to say at the mouth of said Brook where it falleth into the Sound, at a point called Lyons Point, which is the Eastward point of Byram River, and from the said Point, to go as the said River runeth to the place where the common Road, or wading place over the said River is, and from the said Road or Wading Place to go North North West into the Country so far as will be eight 15-VOL. XVIII. <226> CONNECTICUT RECORDS. English Miles from the aforesaid Lyons Point, and that a Line of Twelve Miles being measured from the said Lyons Point according to the Line or General Course of the Sound Eastward, where the said Twelve Miles endeth, another Line shall be run from the Sound eight Miles into the Country North North West, and also that a fourth Line be run, that is to say from the Northmost end of the eight Mile Line being the third mentioned Line, which fourth Line with the first mentioned Line shall be the Bounds where they shall fall to run, and that from the Easrward End of the fourth mentioned Line which is to be Tweilve Miles in length, a Line parallel to Hudsons River in every place Twenty Miles distant from Hudsons River shall be the Bounds there, between the said Territories or Province of New York and the said Colony of Connecticut so far as Connecticut Colony doth extend Northwards, that is to the South Line of the Massachusetts Colony, only it is provided that in Case the Line from Byram Brooks mouth North North West eight Miles, and the Line that is then to run twelve Miles to the end of the third forementioned Line of eight Miles, do deminish or take away Land within Twenty Miles of Hudsons River, That then so much as is in Land diminished of Twenty Miles from Hudsons River thereby, shall be added out of Connecticut Bounds unto the Line aforementioned Parallel to Hudsons River and Twenty Miles distant from it the addition to be made the whole length of the said Parralel Line, and in such breadth as will make up quantity for quantity, what shall be diminished as aforesaid. That what Arrearages are due from the Town of Rye to the Colony of Connecticut, for former years, and the present years Rate shall be paid to Connecticut. That two Surveyors be appointed the one from New York and the other from Connecticut to make a Survey and Run the before mentioned Lines, Partitions, Limitts and Bounds between his Royal Highness's Province of New York and the Colony of Connecticut, and the Surveyors are to meet at the Town of Stamford on the first Wednesday of October next ensuing, and to be directed by one of the Council and two more commissioned from each Government. That if it shall please the Kings Majesty and his Royal Highness, to accept and confirm these Articles they shall be good to all intents forever between his Royal Highness and his Heirs and Assigns and the Corporation of Connecticut, and their Successors, and this Agreement to be in full force, Power and Virtue from the Day of the Date thereof; In Witness whereof the Parties above mentioned have to these Presents interchangably set their Hands and Seals at Fort James in New <227> CONNECTICUT RECORDS. York the 28th day of November in the Thirty fifth Year of his Majestys Reign Annoq Dom 1683. And Whereas in pursuance of the foresaid agreements, an actual survey of the Lands and Places therein mentioned, was also made and reported, by the Surveyors and Commissioners appointed for that service in the words following: By Virtue and in pursuance of a Commission bearing Date the Twenty-sixth day of September 1684, from the right Honorable Colonel Thomas Dungan Governor General of all his Royal Highness's Territories in America &c. We under written did upon the first Wednesday of this Instant October meet at Stamford Major Nathaniel Gold Captain Jonathan Sellek Ensign Daniel Sherman and M'r John Herriman Surveyor Commissioned by a General Court held at Hartford as by the Commission they produced bearing date May the 8th 1684 doth fully appear. We went to Lyons Point on the East side of Byram River and from the Mouth of the said River where it falls into the Sea We measured up the said River and found it to be, one Mile and a half and Twenty Rods, bearing North half Easterly, and so came to a great Stone at the wading Place where the Road cuts the said River, Thence directed our Course North North West six Miles and a half and there marked three white Oak Trees, as in the Mergent, then directed our Course West and by North seven Miles and one Hundred and Twenty Rods which brought us to the Northermost end of Reach of Hudsons River, which bears we judge South and by West a quarter westerly, and North and by East a quarter Easterly which above said Line falls upon the said Reach about three Miles above Fredrick Phillips's upper Mills over against Tapan, and the said River bearing North, as to its general Course upwards, we concluded the above mentioned West and by North to be the shortest from said three mark'd Trees to Hudsons River, and having unanimously concluded that part of the Sound from Lyons Point Easterly to bear East North East, We did from said Trees at eight miles distance run a paralel to the Sound (viz) East North East Twelve Miles, and still continued said Twelve Miles Line East Northeast, one Mile and sixty Rods which then gave Twenty Miles from Hudsons River and is Eight Miles North North West from the Sound; Then finding the oblong of Twelve Miles East North East, and Eight Miles North North west did diminish Sixty One Thousand four Hundred forty Acres from the Twenty Miles from Hudson River we added to the abovesaid Twenty Miles upon the East North East Line three Hundred and Five Rods more to run at the additional breadth parrallel to Hudsons <228> CONNECTICUT RECORDS. River, till it meet with the Massachusetts Line, which we deemed one Hundred distant Miles from our eight Mile Line, which several Courses, with their distances together with three Hundred, and five Rods added do clearly appear in the Platt by the surveyors drawn and hereto annexed, which addition of three hundred and Five Rods we referr for its Confirmation and Ratification to the two Governments from whence We are imployed, and that the above written is a true [copy] of our proceedings We have this 10th of October the Year above written subscribed our Names. JOHN YOUNGS JOHN BELL PHILIP WELLS Commissioners for New York. ROBERT VORCKLAIN --------------------- NATHAN GOLD, JONATHAN SELLICK DANIEL SHERMAN Com'rs for Connecticut. JOHN HARRIMAN And forasmuch as the Lords Commissioners of Trade and Plantations, have represented to his Majesty upon occasion of a late difference, and dispute between the said province and Colony, relating to the Right of Government over the Towns of Rye, and Bedford, lying on their Borders, that it may be necessary for the terminating of that difference and preventing all future disputes about the Division Line and Boundaries between the said Province and Colony That his Majesty would please to declare his Royal Approbation and Confirmation of the said Agreement and Survey; His Majesty is graciously pleased with the advice of his privy Council to approve and Confirm the same, and pursuant to his Royal Pleasure thereupon signified, and expressed the said Agreements and Survey are hereby approved and confirmed accordingly. Whereof the respective Governments of New York and Connecticut the Towns of Rye and Bedford and all Persons whom it may concern are to take due Notice and Conform themselves thereunto. JOHN POVEY. A true Copy of an Original on file in the Secretary's Office of the State of Connecticut. Examin'd. By GEORGE WYLLYS, Secretary. _ _ _ The Agreement Between New York and Connecticut. Articles of Agreement made and concluded at Greenwich in the Colony of Connecticut on the Twenty ninth day of April <229> CONNECTICUT RECORDS. in the Eleventh Year of the Reign of our Sovereign Lord George of Great Britain, France and Ireland King defender of the Faith &c and in the Year of our Lord One Thousand seven Hundred and Twenty five, Between Francis Harrison, Cadwallader Colden Surveyor General of the Province of New York and Isaac Hicks Esq'r Authorized and appointed by his Majestys Commission under the great Seal of said Province and dated at Fort George in New York the third Day of this Instant Month in the Year above written, To Run, mark out distinguish and ascertain the Lines of Partition and Division between said Province and the Colony of Connecticut on the one side, And Jonathan Law Samuel Eels Roger Wolcott Esq'rs, and John Copp and Edmund Lewis Surveyors, Commissioners appointed and Authorized by the Colony of Connecticut to meet with the Commissioners from New York to treat with, settle, agree, Run, ascertain, and fix the Partition Lines between the Province of New York and Colony of Connecticut on the other side. Imprimis it is hereby stipulated, covenanted, and firmly agreed to, by and between us the Commissioners of the Province of New York aforesaid, and the Commissioners and Surveyors of the Colony of Connecticut aforesaid respectively appointed for running, settling and ascertaining the Lines of Partition and Division between the said Province and the said Colony, That we the said Commissioners and Surveyors shall begin at Lyons Point, and from thence run by the Compass a Line North half a point Easterly, One Mile and an half and Twenty Rods, and from the end of the said Line we shall run a straight Line to the Rock at the Road or wading place, and observe the distance from the said Rock and the end of the said Line, Then we shall run from the said Rock North Nor West six Miles and an half, and if we shall not find the Trees marked by the Surveyors in the Year One Thousand Six Hundred Eighty four, We shall Run a Straight Line from the end of the said North Nor West Line, to the said supposed Trees, And if then we shall find that the distance between the end of the said North Nor West Line, and the s'd supposed Trees is not greater than the distance between the Line from Lyons Point North half a point Easterly, and the aforesaid Rock in proportion as one Mile and a half and Twenty Rods is to six Miles and an half, There we do Agree that the said supposed Trees are verily the Trees that were marked by the Commissioners and Surveyors in the Year One Thousand six hundred Eighty four. But if we shall find that the distance between the end of the said North Nor West Line and the supposed Trees is greater in proportion to the distance between the end <230> CONNECTICUT RECORDS. of the Line from Lyons Point and the Rock than six Miles and an half is to the Distance of one Mile and an half and Twenty Rods, Then we shall Erect a Monument at the end of the¾ _ North Nor West Line as the end of the said Division Line between Province of New York and the Colony of Connecticut Provided that nevertheless that if either the Commissioners and Surveyors of the Province of New York, or the Commissioners and Surveyors of the Colony of Connecticut, shall declare and insist that the Lines run before mentioned have not to their Satisfaction determined the true place of the end of the said North Nor West Line, That then we will run West and by North to Hudsons River and then if the distance of seven Miles and on hundred and Twenty Rods, agree with the end of the said North Nor West Line or with the supposed Trees marked in One Thousand six Hundred Eighty Four, We will Establish either the said Trees, or the End of the said North Nor West Line Whichsoever of them shall nearest agree with the same distance of seven Miles and one hundred and Twenty Rods, that is to say if the Trees be nearer to the distance of seven Miles and one hundred and twenty Rods over or under, than the End of the said North Nor West Line then we will establish the said Trees as the Boundary and Limit between the Province of New York and Colony of Connecticut, and a straight Line between the said Trees when so confirmed and the great Rock at the wading place shall be so far the Line of Partition between the province of New York and the Colony of Connecticut, But if the End of the North Nor West Line to be run as aforesaid shall be nearer to the distance of seven Miles and one hundred and Twenty Rods from Hudsons River over or under than the said Trees, Then we do agree to establish the said North Nor West Line as the Line of Partition and division so far between the Province of New York and the Colony of Connecticut, and will Erect a Monument at the place so agreed to, and after we shall have established either the said Trees, or the said North Nor West Line then a Line parallel to the Sound run from said Trees or from the Northernmost end of the said North Nor West Line, that is to say from which so ever of them shall be Established as the Limit, and Boundary as aforesaid, and running East North East thirteen Miles and Sixty four Rods, shall be so far the Line of Partition and Division between the said Province of New York and the Colony of Connecticut and We will Erect a Monument at the End of the said East North East Line which Monument shall be deemed and Esteemed to be Twenty Miles from Hudsons River. In the next place after we shall have established the End of the said East North East Line as Twenty Miles from Hudsons <231> CONNECTICUT RECORDS. River, We shall go to a point of Land on the East side Hudsons River commonly known by the Name of Cortlands Point Which is nearly opposite to Stoney Point, or to the beginning of the Highlands, and from the most Westerly part of the said Cortlands Point, We shall Run an East Line according to the Compass Twenty Miles, at the end of which Twenty Miles we shall erect a Monument and then we shall run a straight Line from the Monument at the end of the aforesaid East North East Line to the Monument at the End of the East Line from Cortlands Point, which Line shall be deemed and esteemed so far a parallell Line to Hudsons River, and every where Twenty Miles from it; Then from the Monument at the End of the East Line from Cortlands Point we shall run a Random Line to the Line of the Massachusetts Bay now established between the Colonies of Connecticut and Massachusetts Bay, which Line shall be run by one Course Except only where it shall meet with large Ponds or large Swamps and precipices, and Rocks which shall be very difficult to pass over, in which places it shall be allowable to go aside from the s'd Course in Order to avoid the said Difficulties; provided that as soon as the said difficulties shall be avoided the Surveyors who shall run the said Line do Return to their first Course, and run the said Line nearly according to the Rules of Art as if they had continued in One Line, and as they should have done if no such Difficulty had interupted them in their Course; Then we shall continue the Line of the Massachusetts Bay to Hudsons River, and when this shall be done we will compute at what place a Line running East and by South according to the Compass from Hudsons River and Twenty Miles in length shall terminate in the aforesaid Line of the Massachusetts Bay, and at that place we shall Erect a Monument which shall be deemed and Esteemed to be Twenty Miles from Hudsons River, Then we shall run a straight Line from the Monument at the end of the East Line from Cortlands Point to the aforesaid Monument on the Line of the Massachusetts Bay which straight Line between the two last mentioned Monuments, shall be deemed and esteemed a Line Parallel to Hudsons River and every where Twenty Miles from it, Then we Covenant and mutually Agree that Sixty one Thousand four Hundred and forty Acres of Land shall be added to the Province of New York out of the Bounds of the Colony of Connecticut, which addition shall be made along the aforesaid Lines parallel to Hudsons River, that is to say along the Line runing from the Monument at the end of the aforesaid East North East Line to the Monument at the End of the East Line from Cortlands Point and along the Line runing from the said last mentioned Monument to the Monument in <232> CONNECTICUT RECORDS. the Line of the Massachusetts Bay, and shall be bounded to the Eastward and divided by the Colony of Connecticut by two Lines parallel to the said two Lines, along which the said addition is made and at such Breadth as that sixty One Thousand four Hundred and forty Acres of Land may be contained between the said Parallel Line on the sides of the said addition and between the Line of the Massachusetts Bay, and the aforesaid East North East Line continued so far to the Eastward as the Breadth of the said addition shall extend on the End of the said addition, And Whereas several Poor English Families have laid out their whole substance and spent their youth in Clearing, Tilling and improving with great Hazard and hard Labour, Lands which it is supposed may Lye near the Parrallel Lines at Twenty Miles distant from Hudsons River, and Whereas if the improved Lands of the said Poor People should fall within the equivalent of sixty one Thousand four Hundred and Forty Acres to be added out of the Bounds of Connecticut the said Poor Families may Hope for his Majestys favour in granting to them the said improved Lands in such manner as Lands are usually granted within the Province of New York. It is further agreed that in measuring the Line runing East North East Thirteen Miles and Sixty four Rods from the End of the North Nor West Line of Six Miles and a half, and in measuring the East Line of Twenty Miles from Cortlands Point, We shall only allow of strict Measure in the best manner the same can be actually performed upon the Surface of the Lands but that in all other Lines to be measured or to be computed we shall allow at the rate of Twelve Rods to be added to every Mile, and that One Mile and twelve Rods of actual measure shall be esteemed and computed in all other places as one Mile of true Measure, and so proportionably for a greater or less length taking the Rough and smooth Land together into the Computation, as we shall meet with them. It is Provided never the less that in measuring the Breadth of the said Additional Land the allowance shall not be made at the Rate of Twelve Rods to a Mile, but that whatever allowance shall be made in measuring the Lines runing from Lyons Point to the Rock at the wading place, and from the said Rock to the three Trees at the End of the North Nor West Line the same Allowance shall be added to the Breadth of the additional Land joined to the Lines parrallel to Hudsons River, that is to say after the Trees or the End of the North Nor West Line shall be Established by the Rules already agreed to, it shall be computed how far the said Trees, or the End of the North Nor West Line shall be distant from Lyons Point on a streight Line without any Allowance in Measure and if the said distance shall be <233> CONNECTICUT RECORDS. found greater than Eight Miles whatever Measure shall be found to be over the s'd Eight Miles the said overpluss measure shall be accounted an Allowance to be added to the Breadth of the additional Lands containing Sixty One Thousand four hundred and forty Acres in such proportion as eight Miles shall be to the Breadth of the said additional Land, and when the Breadth of the said Lands to be added out of Connecticut shall be established as above directed We shall affix and Ascertain the Bounds of the same by continuing on the South end of the said Lands of the East North East Line, and Erect a Monument on the End thereof when continued the full Breadth of the said additional Lands and from the said Monument Run two Lines parallel to the two Lines which are parrallel to Hudsons River, and thereby fix and ascertain the Lines of Partition and Division between the Province of New York and the Colony of Connecticut from the last mentioned Monument to the Line of the Massachusetts Bay, and Erect Monuments in the said Lines, at all Places which may be thought necessary. It is agreed by and between the Commissioners and Surveyors afores'd that to avoid Confusion and disputes from the using of several differing Instruments We shall agree on one Compass to be used on the work at this Time, which Compass shall appear to have either no Errors or the fewest of any, and that we shall have no regard to the Variation of the said Compass from the true Meridian in runing the Lines above discribed, but that they shall be run by the said Compass without any allowance for the said Variation, And it is further agreed that if at this our Present meeting we shall not be able to go through the whole work according to the above Stipulations that we will at any Time hereafter meet and proceed thereon at such Time as shall be agreed upon By his Excellency the Governor of New York or Commander in chief for the Time being and his Honor the Governor of Connecticut for the Time being. And in Testimony That we whose Names are underwritten Do mutually and interchangably, firmly agree and consent to all the above Articles, and every Clause matter and thing therein contained, We have hereunto set our Hands and Seals at Greenwich in the Colony of Connecticut the Day and Year above written. JONATHAN LAW [Seal] FRANCIS HARRISON [Seal] JOHN COPP [Seal] SAMUEL EELLS [Seal] CADWALLADER COLDEN [Seal] EDWARD LEWIS [Seal] ROGER WOLCOTT [Seal] ISAAC HICKS [Seal] A true Copy of an Original on file in the Secretary's Office of the State of Connecticut. Examin'd. By GEORGE WYLLYS, Secretary. <234> CONNECTICUT RECORDS. Connecticut Confirms the Agreement. At a General Assembly holden at New Haven in his Majestys English Colony of Connecticut in America on Thursday the 8th day of October in the fourth year of the Reign of our Sovereign Lord George the second of Great Britain &c King Annoq. Domo 1730. An Act for the Confirmation of the agreement made at Greenwich in the Colony of Connecticut on the 29th of April Anno Dom 1725 by and between the Commissioners of the Province of New York and Colony of Connecticut for the Runing and ascertaining the Partition Line between the said Province and Colony, as also in Confirmation of the surveys in part made pursuant thereto, as appears by their Report under their Hands and Seals dated at Norwalk in the Colony of Connecticut on the 12th Day of May in the Eleventh Year of the Reign of the late King George Annoq. Dom. 1725 as also in approbation of the present meeting of the Commissioners, and for authorizing Commissioners, to proceed and perfect, and fully ascertain the Partition Line aforesaid according to the said Agreement. Whereas an Agreement was made on the 28th of November Anno Dom. 1683, at Fort James in New York between the Right Honorable Thomas Dungan Governor under his then Royal Highness James Duke of York &c of New York and his Council, and Robert Treat Esq'r Governor of Connecticut and others in Commission with him for the Settling and fixing the Boundaries and Partition Lines between the Province of New York and Colony of Connecticut, And Whereas a Survey thereof was begun in 1684 and the Partition Lines in part ascertained, And Whereas the said Agreement and Survey were approved and Confirmed by the late King William in Council, And Whereas an Act of the Governor Council and Assembly of New York was passed in the Month of June in the fifth Year of the Reign of King George the first, Entitled an Act for the runing and ascertaining the Lines of Partition and division betwixt the Colonies of New York and Connecticut, And Whereas King George aforesaid was pleased to give the Royal Assent to the said Act, And Whereas a Commission in pursuance of said Act bearing date the 3d day of April 1725 was given to diverse Gentlemen on the part of New York, And Whereas by an Act of the Governor, Council and Representatives in General Court Assembled at New Haven on the 8th day of October Anno Dom. 1724 diverse Gentlemen on the part of this Colony were fully authorized and impowered to Agree, fix and ascertain the Partition Lines aforesaid, By Virtue of which Commissions and Authorities, an Agreement was entered into, between the said Colonies concerning the said Lines, and part thereof was ac- <235> CONNECTICUT RECORDS. tually Run and ascertained by proper monuments as by the said Agreement and Report of the Commissioners and Surveyors appointed by the said Acts, and Commissions may appear, And Whereas the said Agreement and Survey in 1725 hath been approved of by the late Governor of New York William Burnet Esq and Council. Be it Enacted and Ordained by the Governor Council and Representatives in General Court Assembled and by the Authority of the same, That the said Agreement and Survey aforesaid in 1725 Recorded in the Records of this Colony and filed in the Secretaries Office be approved of, and they are hereby approved of, Ratified, and confirmed in all the parts thereof, and it is hereby declared that so far as the said Commissioners and Surveyors have Run and ascertained the Lines as by their said Report appears shall be, and remain the Partition Lines between this Colony and the Colony of New York forever. And further Whereas the said Commissioners and Surveyors at their meeting at Greenwich in 1725 did Agree that in Case they could not go through with their Work at that Time, that they would thereafter meet, and proceed thereon at any Time when the Governor of New York and the Governor of Connecticut should agree, And Whereas the Governor of New York did propose to his Honor the Governor of Connecticut that the Commissioners should meet for that end on the 29th of September last and did accordingly meet at Greenwich, their said meeting is by the Authority aforesaid approved of, And Whereas the runing and ascertaining the remaining part of the Partition Lines aforesaid may not require the Attendance of so many Commissioners as were before appointed, This Assembly do hereby order and appoint, that Samuel Eells, Roger Wolcott and Edmund Lewis Esq'rs, or any two of them whereof Edmund Lewis Esq'r to be one, shall have full Power and Authority in Conjunction with the Commissioners of New York to proceed in runing the remaining Lines agreed upon as aforesaid, and ascertain the same by proper Meets, Monuments, and Boundaries, the Partition Lines and every of them according to the aforesaid Agreement in 1725 and make Report thereof to this Assembly, which Lines when Run, and the places distinguished through which they shall pass, according to the aforesaid Agreement in 1725 shall be and Remain the Lines of Partition and Division betwixt the Province of New York and this Colony forever. And it is further provided that in Case Edmund Lewis Esq'r should not be able to go through with the Work aforesaid as Surveyor and Commissioner or the other Commissioners should <236> CONNECTICUT RECORDS. fail, in that there cannot be one of the Gentlemen in Commission with him to attend the Service Then it shall be in the Power of the Governor for the Time being with the Advise of his Council to appoint and Commissionate other suitable Person, or Persons in thei, or his Room and stead to perform the Service aforesaid. A true Copy from the public Records of the State of Connecticut. Examin'd. By GEORGE WYLLYS, Secretary. _ _ _ The Boundary Survey Approved. This Indenture made the fourteenth day of May in the fourth Year of the Reign of our sovereign Lord George the second by the Grace of God of Great Britain France, and Ireland King Defender of the Faith &c and in the Year of our Lord One Thousand seven hundred and thirty One; Between Cadwallader Colden Esq'r Surveyor General of the province of New York, Gilbert Willet Esq'r and Vincent Mathews Esq'r Commissioners authorized and appointed by his Majestys Commission under his great Seal of the Province of New York or any two or more of them in Conjunction with the said Surveyor General or his Deputy to run out, mark, distinguish and ascertain the Lines of Division and Partition between the Province of New York and Colony of Connecticut, as by the said Commission bearing date at New York the third day of September in the fourth year of his Majestys Reign may more fully and at large appear, and M'r Jacobus Bruyn Jun'r Deputy Surveyor approved of by the Governor and Council of New York of the one part; And Samuel Eells, Roger Wolcott and Edmund Lewis Esq'rs Commissioners or any two of them whereof Edmund Lewis Esq'r to be one, appointed and authorized by an Act of the General Assembly of the Colony of Connecticut bearing date at New Haven the eighth day of October in the fourth Year of the reign of our said sovereign Lord George the second; to Run and ascertain the Lines of Division And Partition aforesaid in Conjunction with the Commissioners of New York, as by the said Act may more fully and at large appear of the other part, Witnesseth that the said Commissioners of the Province of New York and Colony of Connecticut in pursuance of the agreement made in the Year of our Lord One thousand seven hundred and Twenty five and approved of by the Governor and Council of New York, and by the General Assembly of Connecticut Have run, marked, distinguished and ascertained <237> CONNECTICUT RECORDS. the lines of Division and partition which were not distinguished by the Commissioners in the year one thousand seven hundred and Twenty Five, and remained to be done pursuant the said Agreement in the manner and form hereafter expressed that is to say the said Commissioners of New York and Connecticut went to a certain point of Land on the East side Hudsons River commonly known by the Name of Cortlands Point nearly opposite to Stoney Point, or the beginning of the highlands, and from the most westerly part of the said Point, Run an East Line according to the Compass twenty Miles in length strict measure, and at the end of the said East Line set up a stake and raised a heap of Stones round it as a monument of the place where the said Line ends, Then the Commissioners aforesaid Run a Line from the Monument erected by the Commissioners in the year one thousand seven hundred and twenty five at the end of the East North East Line of thirteen Miles and sixty four Rods to the Monument at the end of the East Line from Cortlands Point aforesaid which Line runs nearly North twenty four degrees and thirty minutes West by the Compass, and marked and distinguished the same by erecting of a stake, and raising a heap of Stones round the Stake at the end of the second fourth and sixth Miles strict Measure from the Monument or heap Stones at the end of the East North East Line aforesaid, Then the Commissioners aforesaid Run a Random Line from the Monument or heap of stones at the End of the East Line from Cortlands Point pursuant to the said Agreement in the year one thousand seven hundred and twenty five, until it intersected the Line between the Colony of the Massachusetts Bay and the Colony of Connecticut, which last Line the said Commissioners extended so far for that purpose which Random Line was run North twelve degrees East according to the Compass. Then the Commissioners aforesaid continued the said Line of the Massachusetts Bay to Hudsons River, and likewise surveyed the Bank of Hudsons River so far upwards above the Place, where the said Massachusetts Line fell upon Hudsons River as was necessary to Calculate and fix the place where a Line runing East and by South by the Compass, and of twenty Miles in length from Hudsons River, shall terminate in the said Massachusetts Line, and the said Commissioners found that the said Line of Twenty Miles in Length with the allowance of twelve Rods added to every Mile, did terminate at a place which is one hundred and thirty two Rods distant from the place where the said random Line intersected the Massachusetts Line continued as aforesaid (the said one hundred and thirty two Rods being measured Easterly from the said intersection and upon the Massachusetts Line) <238> CONNECTICUT RECORDS. at which place a stake was set up and a heap of stones raised round it which heap of Stones or Monument is twenty Miles distant from Hudsons River according to the Agreement aforesaid in the Year one thousand seven hundred and twenty five; Then the Commissioners aforesaid did Run a straight Line from the Monument at the End of the East Line from Cortlands point to the said Monument in the Massachusetts Line continued as aforesaid, which Line runs nearly North twelve degrees and thirty Minutes East by the Compass, and marked and distinguished the same by setting up a stake and erecting a heap of Stones at the second, fourth, sixth, Eighth, Tenth, twelfth, fourteenth, sixteenth, Eighteenth, Twentieth, Twenty second, Twenty fourth, Twenty sixth, Twenty eighth, Thirtieth, thirty third, Thirty fifth, Thirty seventh, Fortieth, forty second, forty fourth, forty-seventh, and Fiftieth Miles strict measure from the said heap of Stones at the End of the East Line from Cortlands Point, And the Commissioners aforesaid of the Province of New York and Colony of Connecticut Do hereby declare that the said Lines runing North Twenty four degrees and thirty minutes West from the Monument at the end of the East north East Line to the Monuument at the End of the Twenty Mile Line from Cortlands Point and runing nearly North Twelve degrees and thirty minutes East from the said Line from Cortlands Point to the stake and heap of Stones in the Massachusetts Line fixed, marked, and distinguished as aforesaid, are parallel to Hudsons River, and at Twenty Miles distance from the same, as the Lines of Partition between the said Province and said Colony, according to the agreements made in the Year One thousand six hundred and eighty three, and one thousand seven Hundred and twenty five ought to be, the Commissioners aforesaid further declare that the length of the Line runing parralell to Hudsons River from the end of the East North East Line to the end of the East Line from Cortlands Point is seven Miles and one quarter of a Mile strict measure but with the allowance of Twelve Rods to every Mile the length is six Miles three quarters of a Mile and seventy six Rods, and that the length of the Parrallel Line runing from the end of the Twenty Miles from Cortlands Point to the Massachusetts Line is Fifty two Miles one half Mile and Sixty Rod strict measure, but with the allowance of Twelve Rod to every Mile it is only Fifty Miles three quarters of a Mile ten Rod and fifteen Links in length and that the Breadth of the additional Lands of sixty one thousand four hundred and forty Acres, to be added out of the Colony of Connecticut to the Province of New York with the allowance of Twenty-five Rods to a Mile according to the agreement in the Year one thousand seven Hundred and twenty five is <239> CONNECTICUT RECORDS. one Mile three quarters of Mile and twenty Rod strict measure. Then the Commissioners afores'd proceeded to set off the said additional Land, for which purpose they set off East nine degrees Southerly along the Massachusetts Line One Mile three quarters of a Mile Twenty one Rod, and five Links, and there erected a stake with a heap of Stones round it as a monument of the North East Corner of the said additional Lands, and set off from the Monument at the end of the Twenty Miles from Cortlands Point North Eighty four degrees East, One Mile three quarters of a Mile and fifty two Rods, and there set up a stake and raised a heap of Stones round it as a Monument of the Place where the Lines which are parrallel to the Lines at Twenty Miles distance from Hudsons River, and five hundred and eighty Rods Distant from them, do intersect and terminate in each other and then continued the East North East Line of thirteen Miles and sixty four Rod from the monument Erected in the Year one thousand seven hundred and twenty five One Mile three quarters of a Mile and Twenty one Rod further, and there set up a stake and raised a heap of Stones round it as a monument of the Southeast Corner of the said additional Lands, And the Commissioners aforesaid further declare that the Line runing nearly North Twenty four degrees and thirty minutes West from the last mentioned Monument to the Monument at the end of the Line runing North eighty four degrees East from the monument at the End of the Twenty Miles from Cortlands Point, is marked and distinguished and set off in the following manner, that is to say by runing perpendicular Lines from the Monument at the second, fourth and sixth Miles in the Line at Twenty Miles distance from Hudsons River each of the said perpendiculars being five Hundred and eighty Rods long and raising a heap of Stones round a Stake at the End of Each of the said Perpendiculars as a Monument of the East Bounds of said additional Lands, In like manner the Line runing nearly North Twelve degrees, and thirty Minutes East from the Monument at the End of the Line runing North Eighty four degrees East as aforesaid to the monument at the North East Corner of the additional Lands of sixty one Thousand four hundred and forty Acres aforesaid was marked and distinguished by runing perpendicular Lines to the Line parrallel to Hudsons River from the monument at the end of Twenty Miles from Cortlands point to the Massachusetts Line, which perpendiculars were run off from the Monuments aforesaid, at the second, fourth, sixth, Eighth, Tenth, Twelfth, fourteenth, sixtenth, Eighteenth, Twentyeth, Twenty second, Twenty fourth, Twenty sixth Twenty eighth, Thirtyeth, Thirty third, Thirty fifth, Thirty <240> CONNECTICUT RECORDS. seventh, Fortyeth, Forty second, Forty fourth, and Forty seventh Miles and set up a stake and Erected a heap of Stones about it at the East end of each of the said perpendiculars as monuments of the East Bounds of said additional Lands, The said Commissioners having omitted to run off the Perpendicular at the fiftieth Mile because it would have run into Tahkanock Mountains. The Commissioners aforesaid declare that the monuments at the End of the East Line from Cortlands point stands upon a Ridge of Land and is one hundred and seventy seven Rods from the long Pond measured upon a Line runing from the said Monument North Twelve degrees East, and is likewise one hundred and seventy six Rods from the Brook that Issues from the said Pond, being measured upon a Line runing East from the said Monument That the Monument in the Massachusetts Line continued at Twenty Miles with the allowance of Twelve Rods to every Mile from Hudsons River, stands on the West side of the Ridge of Land and is Forty Rods from a Branch of Roeloffe Jansens Kill, called the Nortse Kill measured on a Line runing Easterly from the said Monument along the Massachusetts Line, that the Monument at the North East Corner of the additional Lands in the Massachusetts Line aforesaid stands in a Valley in the Tahkanock Mountains being One hundred and Twenty one Rods Eastward from the Top or Ridge of the most westerly of the said Mountains there being a great Stone with some others set up on it on the Top of said westernmost Mountain, where the Massachusetts Line crosses it, That the Monument where the two Eastermost parrallel Lines intersects and terminates in each other stands on the North side of a Hill, and is Southeasterly from the Eastermost End of the long Pond; and that the Monument at the South East Corner of the additional Lands being East North East from the Monument Erected in the Year one thousand seven hundred and Twenty five at five hundred and Eighty one Rods distance, stands on the west side of a stoney Ridge about six Rods East from the South End of a Swamp and is two Hundred and Sixty three Rods distant on an East North East course from the West Branch of Norwalk River; and the aforesaid Commissioners of the Colony of Connecticut on behalf of the Colony and Corporation of Connecticut Have yielded, surrendered, and delivered up, and by these Presents do yield surrender, and deliver up to the Commissioners of the Province of New York aforesaid, on behalf of the Province of New York all the said additional Lands (the same in the actual possession of the said Corporation now being) Bounding Westerly by the aforesaid Lines runing North Twenty four Degrees and thirty minutes Westerly from the monument at the End of the East <241> CONNECTICUT RECORDS. North East Line of thirteen Miles and sixty four Rod to the monument at the end of the Line Runing Twenty Miles from Cortlands Point and runing from the said Monument at the End of the said Line from Cortlands Point North Twelve Degrees and thirty minutes East to the Monument in the Massachusetts Line, at the distance of Twenty Miles with the allowance in measure from Hudsons River Bounded Northerly by the said Line of the Massachusetts Bay extended from the last mentioned monuments Five hundred and eighty one Rod and five Links to the Monument on Takhanock Mountain aforesaid Bounded Easterly by the Lines which runs from the last mentioned monument to the Monument which is six hundred and twelve Rods distant from the Monument at the end of the Twenty Miles from Cortlands Point on a line runing North Eighty four degrees East, and from the s'd Monument at the end of the six hundred and twelve Rods aforesaid to the monument on the Stoney Ridge at the End of the extended East North East Line as the said Lines run through the several Monuments erected as before mentioned and bounded Southerly by the aforesaid East North East Line of Five hundred and eighty one Rods in length between the monuments at the End of the East North East Line of thirteen Miles and sixty four Rods, and the Monument on the west side of the Stoney Ridge aforesaid containing sixty one Thousand four hundred and forty Acres of Land with the allowance of measure as aforesaid, For the use of our Sovereign Lord the King his heirs and successors in as full and ample manner as the same ought to be done by the agreements and Covenants entered into between the Commissioners of the said Province and Colony in the years One thousand six hundred and Eighty three, and One thousand seven Hundred and twenty five, And the Commissioners aforesaid of the Province of New York and Colony of Connecticut, Have Established and affixed and by these Presents Do establish and Fix the said Lines from the Monument Erected in the Year One thousand seven hundred and twenty five at the end of the East North East Line parrallel to the Sound of thirteen Miles and sixty four Rods in length runing East North East five hundred and eighty one Rods to the monument on the Stoney Ridge aforesaid and from the last mentioned monument runing nearly North twenty four degrees and thirty minutes West to the monument aforesaid at six hundred and twelve Rods distant from the Monument at the End of the twenty Mile Line from Cortlands Point and from the said Monument at six hundred and twelve Rods distance runing North twelve degrees and thirty minutes East to the Monument in the Massachusetts Line in Tahkanock Mountains as the said 16-VOL. XVIII. <242> CONNECTICUT RECORDS. Lines Run through the several Monuments above mentioned to have been erected by the said Commissioners on the East side the said additional Lands, to be and Remain from henceforth the Lines of Partition and division between the Province of New York, and Colony of Connecticut forever, which Lines together with those that were fixed and established in the Year One Thousand seven hundred and Twenty five, Do every where compleatly and entirely separate and divide the said Province from the said Colony from the Sound so far as the Line of the Massachusetts Bay aforesaid and that the Monuments Erected and established by the Commissioners aforesaid may be better perpetuated and had in Remembrance they have made a description in writing of the several places where they have erected the Monuments aforesaid bearing the same Date with these Presents and signed with the Hands of the said Commissioners. In Witness whereof the Parties to these presents have hereunto put their Hands and Seals at Dover in the Province of New York the Day and Year first above written. SAMUEL EELLS [Seal] VINCENT MATHEWS [Seal] CADWALLADER COLDEN [Seal] EDMUND LEWIS [Seal] ROGER WOLCOTT [Seal] J BRUYN JUN [Seal] In the upper House Read approved and ordered to be recorded Test HEZ'H WYLLYS Secretary. In the Lower House. Read approved and ordered to be recorded Test JOHN RUSSELL, Clerk. A true Copy from an Original on file in the Secretary's Office of the State of Connecticut. Examin'd. By GEORGE WYLLYS Secretary. _ _ _ Places where the Monuments were fixed. A Description of the Places in which the Monuments were fixed or set up by the subscribing Commissioners of the Province of New York and Colony of Connecticut, as referred to in certain indentures made between both parties bearing even Date with these Presents Viz, In the line runing North 24 degrees, 30' west from the Monument Erected in the Year 1725 at the end of the Line runing East North East of thirteen Miles and sixty four Rods in length to the Monument Erected at the End of Twenty Miles from Cortlands Point at the distance of two Miles from the said first mentioned Monument Raised a heap of Stones for a Monument at the Root of a Maple Tree marked <243> CONNECTICUT RECORDS. with three notches on the South East and North west sides standing on the South west sides of a Run of Water in a Gulley called Bever Pond Brook, and marked some Trees on each side of the said Monument in a North 24 degrees, 30' west Course, Then at the Distance of four Miles from the said first mentioned Monument in the aforesaid Line we put up a stake on the East side of a Hill and heaped some stones round it for a Monument, which we esteemed to be about sixty Rods distance northerly from the Cross Pond, and marked some Trees on each side of the said Monument in a North 24 degrees, 30' west Course, at the distance of six Miles from the said first mentioned Monument in the aforesaid Line they put up a stake and heaped some Stones round it for a Monument on the East side of a large white Oak Tree standing in a Valley and marked some Trees on each side of said Monuments in a North 24 degrees, 30' west Course, and the Monuments that were fixed or set up in the Eastern Line of the additional Lands added out of the Colony of Connecticut to the Province of New York runing Parrallel to the aforesaid North 24 degrees, 30' west Line and unto which refference is made as aforesaid We did fix up corresponding to each of the aforesaid Monuments fixed upon the western Line as aforesaid distant from the same in a North 65 degrees, 30' East Course, or at right Angles to the aforesaid North 24 degrees, 30' West Line one Mile 3 quarters and Twenty Rods, and we affixed or set up in the places following (viz.) corresponding to the Monument fixed up at two Miles distance We heaped up some Stones for a Monument on the West Brow of a Stoney Ridge of Land on the Top of a Rock sticking out of the Ground, and marked some Trees on each side of said Monument in a North 24 degrees : 30' West Course, corresponding to the Monument fixed up at the Distance of four Miles as aforesaid We set up a Stake heaped some Stones round it for a Monument being in a Swamp and on he North west side of a Brook which runs into the Pond of a Saw Mill, and marked some Trees on each side of said Monument in a North 24 degrees : 30' west Course, Corresponding to the 6th Mile in the western Line as aforesaid, We set up a Stake in the middle of a Boggy Meadow in the Line runing nearly North 12 degrees : 30' East from the aforesaid Monuments erected at the end of Twenty Miles from Cortlands point to the Monument Erected at the End of Twenty Miles from Hudsons River in the Massachusetts Line at the distance of two Miles from the Monument at the end of 20 Miles from Cortlands point aforesaid We set up a stake and heaped some stones round it on the west side of a Hill for a Monument bearing from a large pointed Rock South 27 degrees East one chain and eight Links, and marked some Trees on each side of the said Monument nearly in a North <244> CONNECTICUT RECORDS. 12 degrees, 30' East Course, At the distance of four Miles in the said Line as aforesaid we set up a stake on the South west side of a Boggy Meadow near the Edge of the said Boggy meadow and heaped some Stones round it for a Monument, At the distance of six Miles as aforesaid we set up a Stake and heaped some stones round it on the Top of a Ridge for a Monument which we esteemed to be about thirty Rods East of a Cedar Swamp and marked some Trees on each side of said Monument in a Nearly North 12 degrees.30' East Course, At the distance of Eight Miles as aforesaid we set up a stake and heaped up some stones round it for a Monument being between two Rocky Hills about four Rods from the Eastermost of them and marked some Trees on Each side of said monument in a nearly North 12 degrees : 30' East Course; At the distance of Ten Miles we set up a Stake and heaped up some Stones round it for a Monument being on the west side a Ridge of Land and 66 Chains on the perpendicular West from Croton River and marked some Trees on Each side of said Monument in a nearly North 12 degrees : 30' East Course; At the distance of Twelve Miles as aforesaid we set up a Stake and heaped up some Stones round it for a Monument being on the East side of a Hill near to a point of Rocks, and to the west side of a great Swamp and a Boggy Meadow in said Swamp on Croton River; At the Distance of fourteen Miles as aforesaid we set up a stake and heaped up some Stones round it for a Monument near on the Top of a Mountain being on the East side of the aforesaid great Swamp and near the South west End of the said Mountain; At the distance of sixteen Miles as aforesaid we set up a Stake and heaped up some Stones round it for a Monument being on the North West side of a Bushey Hill and marked Some Trees on each side of said Monument on a nearly North 12 degrees : 30' East Course; At the distance of Eighteen Miles in the said Line as aforesaid We sett up a Stake and heaped up some Stones round it for a Monument being on the North side of a Small Run of Water and in a low piece of Land and marked some Trees on each side of said Monument in a nearly North 12 degrees : 30' East Course; At the distance of Twenty Miles as aforesaid in said Line we heaped up some Stones for a Monument on the East side of a Hill at the Bottom of a large Rock; At the distance of 22 Miles as aforesaid in said Line we set up a Stake and heaped up some stones round it for a Monument on the west side of a hill near to a Run of Water on the west side of said Hill and about 56 Rods E 12 degrees : 1/2' South from the East side of a large Pond, and marked some Trees on each side the said Monument on a nearly North 12 degrees : 30' East Course; At the distance of 24 Miles as aforesaid in the s'd Line we set up a Stake and heaped up some Stones round it for a Monument <245> CONNECTICUT RECORDS. being on a Rock on the West side of a Hill, and on the East side of a Gully & a Run of Water Runing Westerly into the great Swamp about 5 Rods from the said Run on which Run are some Spruce Trees standing and we marked some Trees on each side of the said Monument in nearly a North 12 degrees 30' East Course; At the distance of 26 Miles as aforesaid in the said Line we set up a stake and heaped up some stones round it for a Monument being in a swampy piece of Ground on the North side a small Run of Water near to a Clift of Rocks being to the East of the said Monument and is on the East side the Ten Mile River about half a mile Northerly from the Turn of the said River; At the distance of 28 Miles as aforesaid in the said Line we sett up a Stake and heaped up some Stones round it for a Monument being on the East side a Rocky Hill in a Valley between the Mountains and marked some Trees on each side of the said Monument in a nearly North 12 degrees : 30' East Course; At the distance of 30 Miles as aforesaid in the said Line we set up a stake and heaped up stones round it for a Monument on the west side of a Mountain near the Top of the said Mountain being about South East from the House of Jacob Vankampens and Derrick Deduytsers, and marked some small saplings on each side the said Monument in a nearly North 12 degrees : 30' East Course, At the distance of 33 Miles as aforesaid in the said Line we set up a Stake and heaped up some stones round it for a Monument on a plain piece of Land being distant on a South 77 degrees : 30' East course from a Pond of Water in the said Plain about sixty six Rods, and about the same distance from the foot of the Mountain which is to the Eastward of it; At the distance of 35 Miles we set up a Stake and heaped up some Stones round it for a Monument in the s'd Line being on the North end of a Ridge of Land near to a Gully or a small piece of Boggy Meadow being Easterly from Sackets House and marked two white Oak Trees the one on an East Eight degrees South Course distant three Rods and the other on a South Course distant five Rods from the said Monuments; At the distance of 37 Miles we set up a Stake and heaped up some Stones round it for a Monument in the said Line being on the west side of the said of a Gully in the Hills and marked some Trees on each side of the said Monument in a nearly North 12 degrees : 30' East Course; At the Distance of Forty Miles we mark'd a white Oak sapling and heaped up some stones round it for a Monument standing on a high Ridge of Land being forty eight Rods easterly from a small Boggy Meadow; At the Distance of 42 Miles we set up a stake and heaped up some stones round it for a Monument in the said Line being on the west side of a dry Swamp and marked some Trees on each side of the said Monu- <246> CONNECTICUT RECORDS. ment in a nearly North 12 degrees : 30' East Course; At the Distance of 4 Miles we put up a stake and heaped up some stones round it for a Monument in the said Line being on the East side of a Swamp and on the West side of a Rocky Hill being about 20 Rods from the foot of said Hill and marked some Trees on each side of the said Monument on a nearly North 12 degrees : 30' East Course; At the distance of 47 Miles we set up a Stake and heaped up some Stones round it for a Monument in the said Line being on the East side of a Hill Westerly from the South End of Tacanock Mountain, and are distant on a West 12 degrees : 30' North Course sixty Rods from the North branch of Ten Mile River; At the distance 50 Miles we marked an Iron Wood Tree with three Notches on the North and South side and a Chip off above and the figures (XXXXX) on the west side thereof and put some Stones to the Root of the said Tree standing in the west side of a spruce Swamp being about 18 Rods East from Tahconnock Road; And the Monuments that were fixed or set up in the Eastern Line of the additional Lands added out of the Colony of Connecticut to the province of New York runing parrallel to the aforesaid nearly North 12 degrees : 30 East Line, and unto which Refference is made as above mentioned were fixed or set up corresponding to each of the aforesaid Monuments fixed up in the western Line as aforesaid distant from the same on a South 77 degrees : 30' East Course or at right Angles to the aforesaid nearly North 12 degrees : 30' East line one mile three quarters and twenty Rods and were fixed or set up in the places following viz. corresponding to the Monument fixed or set up at the two Miles distance we heaped up some Stones for a Monument on the West side of a Rocky Hill near to a Chestnut Oak Tree marked with three Notches on the North and South Sides, The Monument Corresponding to the Monument at 4 miles distance as aforesaid is a Stake with a heap of Stones round it about 26 Rods and a 1/2 to the Eastward of Mopo Brook; The Monument corresponding to the Monument at 6 Miles distance as aforesaid is a Stake with a heap of Stones round it near the north end of a swamp and by a foot Path leading to Danbury; The Monument corresponding to the Monument at 8 miles distance as aforesaid is a Stake and heap of Stones round it in a hollow upon a high Rocky Hill; The Monument corresponding to the Monument at 10 Miles distance as aforesaid is a Stake with a heap of Stones round it in springy Ground on the West side a high Hill; The Monument corresponding to the Monument at 12 Miles distance as aforesaid was set at the End of two Miles on a line runing nearly North 12 degrees 30' East from the monument corresponding to the Monument at 10 Miles distance because we could not carry the perpendicular across the great Swamp that <247> CONNECTICUT RECORDS. was overflowed by Croton River and we marked the Trees in the said two Miles with three Notches on their North and South Side; This monument is a heap of Stones round a small white Oak Tree; The Monument corresponding to the Monument at 14 Miles distant is a stake and heap of Stones standing on the North west side of a Hill; The Monument corresponding to the Monument at 16 Miles distance is a Stake and heap of Stones on a high Hill there being two small ponds to the South Eastward of the Monument the nearest of which is about five Rods from the Monument; The Monument corresponding to the Monument at 18 Miles distance as aforesaid is a Stake and a heap of Stones upon a ledge of Rocks on the West side of a Hill; The monument corresponding to the monument at Twenty Miles distance as aforesaid is a stake and heap of Stones in a wet piece of Ground on the west side of a Steep Rocky Hill; The Monument Corresponding to the Monument at 22 Miles distance is a Stake and heap of Stones on the East side of New Fairfield Hills; The Monument corresponding to the Monument at 24 Miles distance is a stake and heap of Stones on the North west descent of a Hill that is on the East side of the Brook that Issues from the Pond before mentioned; The Monument corresponding to the Monument at 26 Miles distance is a stake and heap of Stones on the West side of a high Hill and is 35 Chains and 45 Links on the perpendicular Line from the East side of the Ten Mile River; The Monument corresponding to the Monument at 28 Miles distance as aforesaid is a heap of Stones on the East Brow of a high Hill at which place we saw New Milford Town Ousatonack River runing at the foot of said Hill; The Monument corresponding to the Monument at 30 Miles distance as aforesaid is a stake and heap of stones at the South end of a high Hill; The Monument corresponding to the Monument at 33 Miles distance is a heap of Stones on the Top of a hollow Rock on the west side of a Hill; The Monument corresponding to the Monument at 35 Miles distance as aforesaid is a heap of Stones on the Top of a Rock on the west side of a Hill; The Monument corresponding to the Monument at 37 Miles distance as aforesaid is a stake and heap of stones on the North side of a Ridge and is 60 Links North 31 degrees west from a Rock lying there in the Ground; The Monument corresponding to the Monument at 40 Miles distance is a stake and heap of Stone at the West side of a swamp and 40 Rods on the perpendicular Line Easterly from the Ten Mile River; The Monument corresponding to the Monument at 42 Miles distance is a stake and heap of Stones on the Brow of a steep Bank on the North side of the Ten Mile River where it runs Easterly and is likewise 21 Rods on the perpendicular Line East from the East side of the <248> CONNECTICUT RECORDS. said River; The Monument Corresponding to the Monument at 44 Miles distance is a Stake and heap of Stones standing at the foot of a Hill and Twelve Rods from the East side of a large long Pond; The Monument corresponding to the Monument at the 47 Miles distance is a Stake and heap of Stones in a low piece of Ground lying Southwesterly from Tahkanock Mountain and North westerly from a Meadow and is near the Waggon Path from Wheatauke to Tahkanock. We likewise marked some Trees on each side of the before mentioned Monuments in a Line runing nearly North 12 degrees : 30' East where any trees stood on the said Line near the said Monuments. In Witness whereof we have hereunto set our Hands at Dover in Dutchess County in the Province of New York this fourteenth Day of May in the fourth Year of the Reign of our Sovereign Lord George the second by the Grace of God of great Britain, France, and Ireland King Defender of the Faith, &c Annoq. Dom. 1731. SAMUEL EELLS, CADWALLADER COLDEN ROGER WOLCOTT VINCENT MATHEWS EDMUND LEWIS J BRUYN JUN'r Dep't Surveyor In the upper House Read, approved and ordered to be Recorded. Test HEZ'k WYLLYS, Secretary In the lower House Read, approved and ordered to be Recorded Test JOHN RUSSELL, Clerk A true Copy from an Original in the Secretary's Office of the State of Connecticut Examin'd By GEORGE WYLLYS Secretary. <249> CONNECTICUT RECORDS. MINUTES OF THE GENERAL COURT. _ _ _ At a General Court held November 11th 1644 Whereas, the General Court for this Jurisdiction did see Cause to put forth their best endeavours to procure a patent from the Parliament, as judging it a fit Season now for that end; and therefore desired Mr. Gregson to undertake the Voyage and business, and agreed to furnish him with two hundred Pounds in this jurisdiction, of which in proportion to the other plantations, New Haven is to pay one hundred and ten Pounds, in merchantable Beaver. It was therefore ordered, that the said One hundred and ten Pounds, shall be procured at the Charge of the town Treasury upon such terms as it may to the Town to stand the terms, and bear the damage that may come thereby. It is ordered that upon the admittance of any Man as a planter to any plantation in the Jurisdiction the fundamental Laws and Orders concerning notes &c. Shall be read to them and approved; the oath of Fidelity shall be administered to them, the plantation which is to receive them being Satisfied in other particulars, by a satisfying Certificate from Sufficient Creditable persons, of their good behavior and Conversation. The Governor informed the Court that Mr. Leveridge had been with him, and propounded to know, whether their plantation at Oyster Bay might not Join, and be admitted a member of the Colony; He also propounded some objections about a Patent; about public Charges in this jurisdiction above others, with something about keeping Courts at their own Plantations, all which was answered, So as he objected no farther but desired to know, if upon further Speech with their town, they desired to be received, whether it might be done without the General Courts meeting again. The Court Considered of what was propounded, and declared, that if upon full understanding the fundamental Laws and Orders for Government here established, they shall desire to join, and that they do upon their admittance take the oath of Fidelity as before ordered, and in a writing subscribed by them, Solemnly engage themselves to a full observance thereof, they may be received as a member of this Jurisdiction. <250> CONNECTICUT RECORDS. At a General Court for New Haven, March 16, 1654-5. The town was informed that the occasion of its meeting, is to let them understand how things are at present Concerning Delaware; Now John Cooper is returned, he finds little encouragement in the Bay, few being willing to engage in it at present, and therefore they may Consider whether to Carry it on themselves, or to let it fall. Mr. Goodyear said, notwithstanding the discouragements from the Bay, if a considerable Company appear that will go, he will adventure his Person and Estate, and go with them in that design; but a Report of other Ships being Come to the Swedes, seems to make the business more difficult; after much debate about it, it was voted by the Town in this Case, that they will be at Twenty or Thirty pound charge-that Mr. Goodyear, Sergeant Jeffery and such other as they think fit to take with them, may go to Delaware, and carry the Commissioners' letters, and treat with the Swedes about a probable settlement of the English upon their own right, and then after harvest, if things were clear'd, Company may resort thither for the planting of it. _ _ _ At a General Court held at New-Haven for the jurisdiction, January 30th 1654. A petition was presented by Thomas Munson, and [John] Cooper of New Haven, on behalf of a Company of Persons intending a remove to Delaware Bay, wherein they proposed, that for the enlargement of the Kingdom of Christ, the Spreading of the Gospel, and the good of prosperity therein, that they live under the wings of Christ, they would afford Some encouragement to help forward so Public a Work. 1st. That two Magistrates, Mr. Sam'l Eaton and Mr. Francis Newman, may have liberty from this Court to go in person at first, and in case they see not themselves called to lay out so much of their Estate as is like to be disbursed in such an undertaking, that then it would please the Court, that out of the Jurisdiction they may be honorably provided for, as Men that are wiling to lay out themselves for the Public good. 2d. In case there be an undertaking, they that go, may at first go under the protection of this Jurisdiction, and that in case of any Affront, the jurisdiction will engage to assist, till by the blessing of God they may be able by themselves to set up a Commonwealth, according to the fundamentals for Government laid at New Haven. 3d. That seeing our numbers are yet Small, about or betwixt, 50 and 60, we desire the Court to consider what number may <251> CONNECTICUT RECORDS. be a competent number, that we may serve God's providence, and yet not let the Work fall for want of too great a number. 4th. That two great guns, and powder, and what belongs to them, might be granted. 5th. Seeing that most that have purposed to go, do only for Public respects undertake, and not for any need at present, and thereupon do leave their houses and lands without that improvement they themselves did make, they desire that for some time as the Court shall think meet, they may be freed from Rates and Public Charges. 6th. Seeing that they whose hearts God stirs up to undertake at first, are men for the general of no great Estates, and some cannot go without help, we desire that a sum of money may be raised in this Jurisdiction, which may be employed either to buy a small Vessel that may attend the Service, or otherwise, as shall be thought meet. Now that which occasions this last, is not only the sense of the great Expense and Charges at first, and the present need that some have now, but also we have heard from Sundry, that generally men are willing to help on the Work, either by Persons or Estates. Thus begging pardon for our boldness, and humbly desire to Commit all our Consultations unto the direction of the God of Wisdom, and so remain, Yours to Command JOHN COOPER THOMAS MUNSON in behalf of the rest. New-Haven 30th of the 11th month 1654. To which the Court returned- That having read and considered a paper of Some propositions, presented by Thomas Munson and John Cooper of New Haven, in the name and behalf of sundry Persons of this Jurisdiction, and Elsewhere, appearing as undertakers for the first planting of Delaware; in order to the Public good of this jurisdiction, and the enlargement and further advancement of the Kingdom of Christ in those parts, do return in answer as follows: 1st. That they are willing so far to deny themselves for the furtherance of that Work, in order to the ends propounded, as to grant Liberty to one or both of those Magistrates mentioned, to go along with them, who with such other fit Persons as this Court shall so meet to join with them, may be empowered for managing all matters of Civil government there, according to such Commission as shall be given them by this Court. 2d. That they will either take the Propriety of all the pur- <252> CONNECTICUT RECORDS. chased Lands into their own hands, or leave it to such as shall undertake the planting of it-provided that it be and remain a part of this Jurisdiction. And for their encouragement, they purpose, when God shall so enlarge the English Plantations, in Delaware, as that they shall grow the greater part of the jurisdiction, that then due Consideration shall be taken for the care and Conveniency of both parts, as that the Governor may be one year in one part, and the next year in another, and the Deputy Governor to be in that part where the Governor is not; and that general Courts for making Laws may be ordinarily but once a year, and where the Governor resides; and if God much increase Plantations in Delaware, and diminish them in these parts, then possibly they may see cause that the Governor may be constantly there, and the Deputy Governor here; but that the lesser part of the Jurisdiction be protected and eased by the greater part, both in Rates & other wise; which they conceive will be both acceptable to God, and (as appears by the conclusions of the Commissioners Anno 1651) most satisfying to the rest of the United Colonies. 3d. That for the matters of charge propounded for encouragement to be given or lent to help on their first beginnings, they will propound the thing to the several particular Plantations, and promote the business for procuring something that way, and Shall return their answer with all convenient speed. _ _ _ At a general Court held at New Haven for the Jurisdiction &c, July 5th, 1654. A letter was now by order of this Court sent to the Swedes at Delaware Bay, informing them of the Propriety which some in this Colony have, to large tracts of Land on both sides of Delaware Bay and River, and desiring a neighborly Corresponding with them, both in Trading and Planting there. And our answer hereof. Honored and beloved in the Lord- We the general Court of New Haven Colony, being Sensible of the wrongs which this Colony hath suffered lately, by your unjust pretences and encroachments upon our just rights, have unanimously Consented, though with grief of heart, being compelled thereunto to declare unto you and unto all whom the knowledge thereof may Concern, what yourselves do or may know to be true as followeth. 1st. That the first beginning of these Plantations by the Sea side in these western parts of New England, being engaged to <253> CONNECTICUT RECORDS. Sundry Friends in London, and in other places about London (who purposed to plant some with them in the same Town and others as near to them as they might), to provide for themselves some convenient places by the Sea-Side arrived at Boston in the Massachusetts, having a special right in their Patent, two of them being joint purchasers of it with others, and one of them a patentee, and one of the assistants chosen for the New England Company in London, where they abode all the winter following; but not finding there a place suitable to their purpose, were persuaded to view these parts, which those that view'd approved; and before their removal, find that no English were planted in any place from the Fort called Saybrook, to the Dutch purposed purchase of the Indians, the natural proprietors of those Lands, that whole tract of Land by the Sea Coast for themselves, and those that Should Come to them; which they also signified to their friends at Hartford in Connecticut Colony, and desired that some fit men from thence might be employed in that business, at their proper Cost & Charges; wrote to them, unto which letters having receiv'd a satisfactory answer, they acquainted the Court of Magistrates of Massachusetts Colony, with their purpose to remove, and the grounds of it; and with their consent began a Plantation in a place situated by the Sea, called by the Indians Quinnepiaug, which they did purchase of the Indians, the true Proprietors thereof, for themselves, and Posterity; and have quietly possessed the same about six and twenty years, and have buried great Estates in Buildings, Fencing, and clearing the ground, and all sorts of husbandry, without any help from Connecticut or dependence upon them, and by voluntary Consent among themselves, they settled a Civil Court & Government among themselves, upon such fundamentals as were established in Massachusetts, by allowance of their Patent, whereof the then Governor of the Bay the right Worshipful Mr Winthrop, sent us a copy, to improve for our best advantage. These fundamentals all the inhabitants of the said Quinnepiaug approved, and bound themselves to submit unto and maintain, and chose Theophilus Eaton Esq'r to be their Governor, with as good right as Connecticut Settled their Govern't among themselves, and continued it above twenty years without any Patent. 2d. That when the help of Mr. Eaton, our Governor, and some others from Quinnepiaug was desired for ending of a controversy at Weathersfield, a Town in Connecticut Colony, it being judged necessary for peace that one party should remove their dwellings, upon equal Satisfactory terms proposed, the Governor Magistrates &c of Connecticut offered for their part, <254> CONNECTICUT RECORDS. that if the parties that would remove, should find a fit place to plant in, upon the River Connecticut; would grant it to them; and the Governor of Quinnepiaug (now called New Haven,) and the rest then present joined with him, and promised that if they should find a fit place for themselves by the Sea Side, New Haven would grant it unto them; which accordingly New Haven performed, and so the Town of Stamford begun, and became a member of New Haven Colony, and so continueth unto this day. Thus in a public Assembly of Connecticut was the distinct right of Connecticut upon the River, and of New-Haven by the Sea-Side, declared, with consent of the Governor, Magistrates, Ministers, and better sorts of the people of Connecticut at that time. 3d. Sundry other Townships by the Sea Side, and Southold on Long Island being settled in their inheritances by right of purchase of their Indian Proprietors, did voluntarily join themselves to New Haven, to be all under one Jurisdiction, by a firm engagement to the fundamentals formerly settled in New Haven; whereupon it was called New Haven Colony. The general Court being thus constituted, Chose the said Theophilus Eaton Esq'r, a man of singular wisdom, godliness and experience, to be the Governor of New Haven Colony, and they chose a competent number of Magistrates, and other Officers for the several Towns. Mr. Eaton so well managed that great trust, that he was chosen Governor every year while he lived. All this time Connecticut never questioned what was done at New Haven, nor pretended any right to it, or any of the Towns belonging to this Colony, nor objected against our being a distinct Colony. 4th. When the Dutch claimed a right to New-Haven, and all along the Coast by the Sea Side, it being reported they would set up the Prince of Orange's Arms, the Governor of New Haven to prevent that, caused the King of Englands Arms to be fairly cut on wood, and Set up on a post on the Highway by the Sea-Side, to vindicate the right of the English, without consulting Connecticut, or seeking their concurrence therein. 5th. In the year 1643, upon weighty Considerations, an union of four distinct Colonies was agreed upon by all New England, (Except Rhode Island,) in their Several general Courts, and was established by a most solemn Confederation, whereby they bound themselves mutually to preserve unto each Colony its entire jurisdiction within itself respectively, and to avoid the putting of two into one, by any Act of their own, without the consent of Commissioners from the four united Colonies; which were from that time, and still are, called and known by the <255> CONNECTICUT RECORDS. title of the four united Colonies of New England. Of these Colonies New Haven was, and is one, and in this Solemn Confederation Connecticut joined with the rest, and with us. 6th. In the year 1644, the general Court of New Haven Colony, then sitting in the Town of New Haven, agreed unanimously, to send to England for a Patent; and in the year 1645 Committed the procuring of it to Mr. Grigson one of our Magistrates, who entered upon his voyage in January of that year from New Haven, furnished with some Beaver, in order thereunto as we suppose, but by the providence of God, the ship and all the passengers and goods were lost at Sea in their passage towards England, to our grief and the prostration of that design for that time; After which the troubles in England put a stop to our proceeding therein. This was done with the Consent and desire of Connecticut to confer with New Haven therein, whereby the difference of times and mens spirits in them, may be discovered; for then the Magistrates of Connecticut with consent of their general Court, knowing our purpose, desired to join with New Haven in procuring that Patent for common privileges to both, in their distinct jurisdictions, and left it to Mr. Eaton's wisdom to have the Patent framed accordingly. But now they seek to procure a Patent without the Concurrence of New Haven, and contrary to our minds Expressed before this Patent was sent for, and to their own promise, and to the terms of the confederation, and without sufficient Warrant from their Patent, they have invaded our rights, and seek to involve New Haven under Connecticut Jurisdiction. 7th. That in the year 1646, when the Commissioners first met at New Haven, Kieft the then Dutch Governor, by letter Expostulated with the Commissioners, by what warrant they met at New Haven without his Consent, seeing it, and all by the Sea Coast, belonged to his principals in Holland, and to the Lords the States General. The answer to that letter was framed by Mr. Eaton, Governor of New Haven, and then President of the Commission, approved by all the Commissioners and sent in their names, with their Consent, to the then Dutch Governor, who never replied thereunto. 8th. That this Colony in the reign of the late King Charles the first, received a letter from the Committee of Lords and Commons for Foreign Plantations, then sitting at Westminster, which letter was delivered to our Governor, Mr. Eaton, for freeing the several distinct Colonies of New England from Molestation, by the appealing of troublesome Spirits unto England, whereby they declared that they had dismissed all causes <256> CONNECTICUT RECORDS. depending before them from New England, and that they advised all inhabitants to submit to their respective governments there established, and to acquiesce, when their Causes shall be there heard and determined, as it is to be seen more largely Expressed in the original which we have subscribed (thus) Your assured friends PEMBROKE MANCHESTER WARWICK W. SAY & SEAL FR. DAIRE DENBIGH In this order they subscribed their names with their own hands, which we have to shew, and they inscribed or directed this letter to our worthy friends, the Govenor and assistants, of the Plantation of New Haven in New England; Whereby you may clearly see that the Right Hon. the Earl of Warwick, and the Lord viscount Say and Seal, lately one of his Majesty's that now is, King Charles the Second his most honorable Privy Council, as also the Right Hon. Earl of Manchester Still is, had no purpose after New Haven Colony situated by the Sea Side was Settled, to be a distinct government, that it should be put under the Patent for Connecticut, whereof they had only framed a Copy, before any house was erected by the Sea Side from the Fort to the Dutch; which yet was not Signed and Sealed by the last King for a Patent, nor had you any Patent, till your agent Mr. Winthrop procured it about two years since. 9th. That in the year 1650, when the Commissioners for the four united Colonies of New England met at Hartford, the new Dutch Governor being then and there present; Mr Eaton the then Governor of New Haven Colony, complained of the Dutch Governor's encroaching upon our Colony of New Haven, by taking under his jurisdiction a Township beyond Stamford, called Greenwich, all the Commissioners as well for Connecticut as for the other Colonies concluded that Greenwich, and four miles beyond it belongs to New Haven Jurisdiction, whereunto the Dutch Governor then yielded, and restored it to New Haven Colony, thus were our bounds westward Settled by consent of all. 10th. That when the Hon'b Governor of Connecticut John Winthrop Esq'r, had consented to undertake a voyage to England, to procure a Patent for Connecticut, in the year 1661, a friend warned him by letter not to have his hand in so unrighteous an Act, as so far to Extend the line of their Patent, that the Colony of New Haven should be involved in it. For answer thereunto he was pleased to certify that friend, in two Letters, which he wrote from two Several places before his departure, that no such thing was intended, but rather the <257> CONNECTICUT RECORDS. Contrary, that the Magistrates had agreed and expressed in the presence of some Ministers, that if their Line Should reach us, which they knew not, the Copy being in England, yet New-Haven Colony should be at full liberty to join with them or not. This agreement so attested made us secure, who else would have procured a Patent for ourselves, within our own known bounds, according to purchase, without doing any wrong to Connecticut in their just bounds and limits. 11th. That notwithstanding all the promises, in the year 1662, when you had received your Patent under his Majesty's hand and Seal, Contrary to your promise and Solemn Confederation, and to common equity, at your first general Assembly, yet which could not be Called general without us, if we were under your Patent, Seeing none of us were called thereunto, you agreed among yourselves to treat with New Haven Colony about Union by your Commissioners chosen for that end. Within two or three days after that Assembly was dissolved, but before the ending of that session, you made an unrighteous breach in our Colony, by taking under your Patent Some of ours, from Stamford, and from Guilford, and from Southold, Contrary to your engagements to New Haven Colony, and without our consent or knowledge. This being thus done, some sent from you to treat with us, Show'd some of ours your Patent, which being read they declared to yours, that New Haven Colony is not at all mentioned in your Patent, and gave you some reasons why they believed that the King did not intend to put this Colony under Connecticut, without our desire or knowledge, and they added, that you took a preposterous Course in first dismembering this Colony, and after that treating with it about Union; which is as if one man purposing to treat with another about Union, first cut of from him an Arm, and a Leg, and an Ear; then to treat with him about Union. The Rev'd Mr. Stone, also the teacher of the Church at Hartford, was one of the Committee, who being asked what he thought of this Action, answered, that he would not justify it. 12th. After that Conference, our Committee sent by order of the general Court, by two of our Magistrates and two of our Elders &c, a writing, Containing sundry other reasons for our not joining with you, who also finding that you persisted in your own Will & Way, declared to you our own resolution to appeal to his Majesty, to explain his true intendment & meaning in Your Patent whether it was to subject this Colony under it or not; being persuaded, as we still are, that it neither was, nor is his royal will & pleasure to confound this Colony with yours, which would destroy the so long continued and so 17-VOL. XVIII. <258> CONNECTICUT RECORDS. strongly settled distinction of the four United Colonies of New England, without our desire or knowledge. 13th. That accordingly we forthwith sent our appeal, to be humbly presented to his Majesty by some friends in London; Yet out of our dear and tender respect to Mr. Winthrops peace and honor, some of us advised those friends to communicate our papers, first to the Hon. Mr. Winthrop himself, to the end that we might find out some effectual expedient to put a good end to this uncomfortable difference between you and us, and also to present our humble Address, to his Majesty; Accordingly it was done-and Mr. Winthrop stopped the proceeding of our appeal, by undertaking to our friends, that &c. _ _ _ The Remonstrance, or Declaration sent to the General Assembly of Connecticut Colony, from this Court, is as followeth: GENTLEMEN: The proposed grounds or ends of your and our Coming into these parts are not unknown, being plainly expressed in the prologue to that Solemn Confederation, entered into by the four Colonies of New England, printed and published to the world, viz. to advance the Kingdom of our Lord Jesus Christ, and to enjoy the liberties of the Gospel in purity and peace; for which we left our dear native Country, and were willing to undergo the difficulties we have since met with in this Wilderness, yet fresh in our remembrance. Being the only end we still pursue, having hitherto found by Experience so much of the presence of God with us, and of his goodness and Compassion toward us in so doing for this many years; yet considering how unanswerable our returns have been to God, how unfruitful, unthankful and unholy, under so much means of Grace, and such liberties, we cannot but lament the same, judge of ourselves, and justify God, should he now at last cast off so long patience towards, us bring desolating judgments upon us, and make us drink of the dregs of that cup of indignation, he hath put into the hands of his people in other parts of the World, or suffer such Contentions (in just displeasure) to arise among us, as may hasten our Calamity, and increase our woe, which we pray the Lord in Mercy to prevent. And whereas in pursuance of the said ends and upon other religious and civil considerations, and the security of the Interest of each Colony within itself in ways of righteousness and Peace; and all and every of the said Colonies from the Indians, and other Enemies, they did judge it to be their bounden duty for <259> CONNECTICUT RECORDS. mutual strength and helpfulness for the future, in all the said Governments, to enter into a Consociation among themselves; thereupon fully agreed and concluded by, and between the parties or jurisdictions, in divers and sundry articles, and at last ratified as a perpetual Confederation by their several Subscriptions, whereunto we Conceive ourselves bound to adhere, until with Satisfaction to other judgments, and consciences, we see our duty with like unanimous Consent with the confederates, orderly to recede, leaving the issue unto the most wise and righteous God. As for the Patent upon your petition granted to you by his Majesty's Connecticut Colony, so far that in that sense we object not against it, much less against his Majesty's Act in so doing. The same being a real encouragement to other of his Subjects to obtain the like favour upon their humble petition to his Royal Highness, in the protection of their persons, and purchased rights, and Interests, is also a ground of hope to us. But if the line of your Patent, doth Circumscribe this Colony by your Contrivement, without our Cognizance or Consent or regard to the said Confederation on your parts, we have, and must still testify against it, as not Consistent in our judgments with brotherly love, righteousness and peace. And that this Colony for so long time as Confederate jurisdiction, distinct from your and the other Colonies, is taken in under the administration of the said Patent in your hands, and for its formerly being dissolved and distinction ceasing. There being not one line or letter in the Patent expressing his Majesty's pleasure that way, although it is your sense of it, yet we cannot so apprehend; of which we having already given our Grounds at large in writing, we shall not need to say much more, nor have we met with any argumentation or rational convictions from you, nor do we yet see cause to be of another mind. As for your proceedings upon pretense of the Patent towards us, or rather against us, in taking in Sundry inhabitants of this Colony under your protection and Government-who as you say offered themselves, from which a good Conscience, and the obligation under which most of them stood to this Colony, should have restrained them, without the consent of the Body of their Colony first had, and in concurrence with them upon mature deliberation and conviction of duty yet wanting. We Cannot but again testify against as disorderly in them, and which admission on your parts we conceive your Christian prudence might easily have suspended for prevention of the great offence, to the Conscience of your Considerate Brethren; and those sad consequences which have followed, disturbing <260> CONNECTICUT RECORDS. the peace of other towns, destroying our comforts, and hazard of our lives and Liberties, by their frequent threats and unsufferable provocations, hath been, and is with us matters of Complaint both to God and man, especially when we consider that thus you admitted them, and put power into their hands, before you had made any overture to us, or had any treaty with us about so weighty a business; as if you were in haste to make us as miserable as indeed in these things, we are at this day. And seeing upon our answer returned to your propositions made by you afterwards of Joining with you in the Government, finding ourselves so already dismembered, and the weighty grounds and reasons we then presented to you, we could not prevail with you so far as to procure a respite of your further proceedings, until Mr. Winthrop's return from England, or the grant of any time that way, which was thought but reasonable by some of yourselves, and the like Seldom denied in War to very enemies. We saw it then high time, and necessary, fearing these beginnings, to appeal unto his Majesty; and so we did; concluding according to the law of Appeals in all cases and among all nations, that the same upon your allegiance to his Majesty, would have obliged you to forbear all further process in the business; for our own parts resolving notwithstanding all that we had formerly suffered, to sit down patient under the same, waiting upon God for the issue of our said Appeal. But seeing notwithstanding all that we have presented to you by word and writing, notwithstanding our appeal to his Majesty, notwithstanding all that we had suffered by means of that power which you had set up, viz. a constable at Stamford, of which information had been given you, but yet you have gone further, to place a Constable at Guilford in like manner over a party there, to the further disturbance of our peace and quiet; a narrative whereof and of the provocation and wrongs we have met with at Stamford, we have received attested to us by various witnesses, honest men. We cannot but on behalf of our appeal to his Majesty whose honour is highly concerned therein, and of our just rights, but as men exceedingly afflicted and grieved, testify in the sight of God, Angels, and Men, against these things; Our ends therein being not to promote or further, any Offence, but rather as a discharge of duty on our part as Brethren and Christian Confederates, to call upon you to take some effectual Course, to ease and right us in a due redress of the grievances you have caused by such proceedings; Such as after you had complimented us with a large offer of Patent privileges, with desire of a treaty with us for union of our Colonies, and you Know as your good words were Kindly accepted, so your mo- <261> CONNECTICUT RECORDS. tion was fairly answered by our Committee in that regard. We were under an appeal to his Majesty, that being limited by our Freemen not to conclude any thing for altering our distinct Colony, State and Government, without their consent, and without the approbation of the other confederate Colonies, they were not in present Capacity so to treat, but did little suspect such a design on foot against us, the effect thereof quickly appear'd at Guilford before mentioned. But we shall say no more at this time, only to tell you, that whatever we suffer by your means, the Lord would help us to choose, rather than to sin against our Consciences; hoping the righteous God will in due time look upon our affliction, and incline his Majestys heart to favour our righteous Cause. Subscribed in the Name, and by Order of the general Court of New Haven Colony. Per JAMES BISHOP Sec'ty. NEW HAVEN, May 6th, 1663. _ _ _ A true Copy of Gov. Winthrop's letter to Major John Mason, and the rest of the Court. GENTLEMEN: I am informed by some gentlemen who are authorized to seek remedy here, that since you had the late Patent, there had been injury done to the Government at New Haven, and in particular at Guilford, and Stamford, in admitting of several of the inhabitants there unto freedom with you; and appointing Officers which hath Caused division in the same Towns, which may prove of dangerous Consequence if not timely prevented, though I do hope the rise of it is from Misunderstanding, and not in design of prejudice to that Colony, for whom I gave assurance to their friends, that their rights and interests should not be disquited or prejudiced by the Patent. But if both the Governments would with unanimous agreements unite in one, their Friends judged it for advantage to both; and further I must let you know, that testimony here doth affirm, that I gave assurance before authority here, that it was not intended to meddle with any Town or plantation that was settled under any other Government; had it been any otherwise intended or declared, it had been injurious in taking out the Patent, not to have inserted a proportionable number of their names in it. Now upon the whole, having had serious conference with their friends authorized by them, and with other who are <262> CONNECTICUT RECORDS. friends to both, to prevent a tedious & Chargeable trial and uncertain event here. I promised them to give you speedily this representation, how far you are engaged, if any injury has been done by admitting of Freemen, or appointing Officers, or any other unjust intermeddling with New Haven Colony, in one kind or other, without the approbation of the Government; that it be forthwith recalled, and that in the future there will be no imposing in any kind upon them, nor admitting of any member without mutual Consent, but that all things be acted as loving neighbouring Colonies, as before such Patent granted, and unto this I Judge you are obliged. I having engaged to their Agents here, that this will be by you performed, and they have thereupon forborne to give you or me any trouble, but they do not doubt upon future consideration, there maybe such a right understanding between both Governments, that an union and friendly joining may be established, to the satisfaction of all, which at my arrival I shall endeavour, God willing, to promote. Not having more at this present in this Case, I remain- Your humble Servant, JOHN WINTHROP. LONDON, March 3d, 1662. Subscription to Major John Mason, Deputy Governor of Connecticut Colony, and the rest of the Court, then at Hartford. _ _ _ A Letter to Connecticut as Followeth. HONOR'd GENTLEMEN: We having been silent hitherto as to the making any grievance known unto the Kings Commissioners, notwithstanding what may be with us of such nature, from the several transactions that have been among us, are desirous so continue your Manageing these affairs, in ways consistent with the ancient Confederation of the United Colonies, choosing rather to suffer, than to begin any motion hazardful to the New England Settlements; in pursuance whereof, according to our promise to your Gentlemen, Sent lately to demand our submission, though in a divided, if not dividing way, within our Towns, severally seeking to bring us under the Government by yourselves already settled, wherein we have had no hand to settle the same, and before you had cleared to our Conviction the Certain limits of your Charter, which may justly increase the scruple of too much haste in that, and former actings upon us. The generality of our undivided people have orderly met this <263> CONNECTICUT RECORDS. 13th of 10th month (64), and by the vote enclosed, have prepared for this answer to be given of our submission, which being done by us, then for the accommodation of Matters betwixt us in an amicable way, by a committee empower'd to issue with you on their behalf, and in behalf of all Concerned, according to instructions given to said Committee. We never did, nor ever do intend to damnify your moral rights or Just privileges, Consistent with our like honest enjoyments; and we would hope that you have no further Scope towards us, not to violate our Government interest, but to accommodate us with that we shall desire, and that Patent bear, as hath been often said you would do; and surely you have more reason to be full with us herein, seeing that your success for Patent bounds with those Gentlemen, now obtained, seems to be debtor unto our silence before them; when as you thus by single application and Audience, issued that matter, you thus performing to satisfaction; we may still rest silent and according to profession, by a studious and Cordial endeavour with us, to advance the interest of Christ in this Wilderness, and by the Lords blessing thereupon, Love and Union between us may be greatly confirmed, and our Comforts enlarged. Which is the earnest prayer of, Gentlemen, your loving friends and neighbors, the committee appointed by the Freemen and, inhabitants of New Haven Colony now assembled. JAMES BISHOP, Secretary. NEW HAVEN, Dec. 14, 1664. _ _ _ Connecticut's Return Answer. HARTFORD, December 21, 1664. HONORED GENTLEMEN: We have received yours dated the 14th Ins't, Signed by James Bishop, wherein you are pleased to mention your Silence hitherto; as to the making any grievance known to his Majesty's Commissioners, Notwithstanding what may be with you; we can say the same, though we had fair opportunities to present anything of that nature. As for desire to manage affairs according to the Confederation, the present motion will we hope on a Candid review, not appear any way disonant therefrom. For besides the provisions made in one of the Articles of Confederation for the Colonies uniting in one, there was special provision as you well know, made at the last session of the Commissioners for that purpose, conjoined with pathetical advice & Counsel to an Amicable Union. Our too much forwardness with New Haven is not so clear, seeing those <264> CONNECTICUT RECORDS. plantations you inhabit are much about the centre of our Patent, which our charter limits, as also the inclosed Determination of his Majesty's honorable Commissioners, will to your conviction be apparent. That our success for Patent bounds with the Kings Commissioners is debtor to our Silence, seems to us strange when your non Compliance was so abundantly known to those Gentlemen, yea the news of your motions when Mr Joseph Allyn was last with you, was at New York before our Governors departure thence, notwithstanding your silence and yet so good an issue obtained. We desire such reflections may be buried in perpetual silence, which only yourselves necessitating thereunto shall revive them, being willing to pursue truth and peace as much as may be, with all men, especially with our dear Brethren in the fellowship of the Gospel, and fellow members of the same civil Corporation, accommodated with so many Choice privileges, which we are willing after all is prepared to your hands, to confer upon you equal with ourselves, which we wish may at last produce the long desired effect, of your free and cordial Closure with us, not attributing any necessity imposed by us, farther than situation of those plantations in the heart of our Colony, and therein the peace of posterity in these parts of the Country, is necessarily included; and after so long liberty to present your plea, when you have seen meet. Gentlemen we desire a full answer as speedily as may be, whether those lately impowered accept, to govern according to this Commission, if not, other meet persons may by us be impower'd in their Room. Thus desiring the Lord to unite our hearts & spirits in ways well pleasing in his sight, which is the prayer of your very loving friends. The council of the Colony of Connecticut Signed by their order by me JOHN ALLYN, Secretary. _ _ _ The Last Return of New Haven Colony Committee in Answer to their Former Letter. NEW HAVEN, January 5th 1664. HONORED GENTLEMEN: Whereas by yours dated December 21st 1664, you please to say that you did the same as we, not making any grievance known to the Commissioners &c, unto that may be returned, that you had not the same Cause so to do from any pretense of injury by <265> CONNECTICUT RECORDS. our intermeddling with your Colony or Government interest; unto which we refer that passage for our expressing desire to manage all our matters in Consistency with the Confederation, we hope you will not blame us however disonant or consonant your actings to us have been, at least to the Confederates, to judge as their records may show. That Article which allows two Colonies to Join, doth also with others, assert the justness of each Colony, distinct rights until joined to mutual satisfaction; and the provision made in such case the last session, we gainsay not, when the union is so Completed, and a new Settlement of the Confederation by the respective general Courts accomplished; their pathetical advice and Counsel for an amicable Union, we wish may be so attended; in order whereunto we gave you notice of a Committee prepared to treat with you for such an accommodation, unto which you gave us no answer, but instead thereof, send forth your Edict from Authority upon us, before our conviction for submission was declared to you. The argument from our intermixed Situation, is the same now as it was before our Confederating, and even since, and affords no more ground to disannul the Government than before, we might marvel at your strange, why we should think your success should be debtor unto our silence, and that because the news of our Non-Compliance was with the Commissioners, as if the mere news of such a thing contained the Strength of all we had to say or plead. Gentlemen, we intreat you to consider that there is more in than so yea, that still we have to alledge sthing of weight and know where and how if we choose, not rather. _ _ _ A true copy of his Majestys Letter to the Governor and Assist- ants, of the Massachusetts, Plymouth, New Haven, Connecticut Colonies in New England, followeth. CHARLES R. Trusty and well beloved, we greet you well, whereas we have been given to understand that our good subjects Thomas Chiffinch, John Scott, John Winthrop, Daniel Dinison, Simon Bradstreet, Thomas Miller, Richard Smith, Edward Hutchinson, Amos Richardson, John Alcock, William Hudson and their associates, having in the right of Major Asherton, just propriety in the Narraganset Country, in New England, by grants from the native Princes of that Country and being desirous to improve it into an English Colony and plantation, to the enlargeing of our empire, and the common good of our subjects-they <266> CONNECTICUT RECORDS. are yet daily disturbed, and unjustly molested in their possession and laudable endeavours, by certain unreasonable and turbulent spirits of Providence Colony of New England aforesaid, to the great scandal of justice and Government, and imminent discouragement of that hopeful plantation. We have therefore thought fit, hereby effectually to recommend the said proprietors to your neighborly kindness and protection. The proprietors to be permitted peaceably to improve their Colony and plantation in New England, willing, you on all occasions to be assisting against such unjust oppressions and molestations; that so they may be secured in the full and peaceable enjoyment of their said Country, according to the right and Title they have to it. Wherein we will not doubt of your kindness and care; and shall on all good occasions express how graciously we accept of your Compliance with this our recommendation-and so we bid you farewell. Given at our Court at Whitehall, the 21st day of June 1663, in the 15th year of our reign. By his Majestys Command HENRY BENNETT. _ _ _ Endorsed and directed as followeth- To our trusty and well beloved Subjects, the Governor and Assistants of the Massachusetts, Plymouth, and New Haven, and Connecticut Colonies in New England Examined by the original per me WM. JONES, Sec'ty. NEW HAVEN. _ _ _ State of Connecticut ss. New Haven, in the County of New Haven, October 29th A. D. 1782 The within and the foregoing are true Copies of Record of the Ancient Colony of New Haven. Examined, by John Whiting, Clerk of the County Court for the County of New Haven. <267> CONNECTICUT RECORDS. MINUTES OF THE GENERAL COURT. _ _ _ A general Court held at Hartford November 14th 1683 by special order of the Governor. The court being met, the Governor informed the Court, that he thought it might be necessary, seeing Colonel Dongan was entered into the Government of New York, that some gentlemen might be appointed to congratulate his safe arrival, and entrance into the government of his Royal Highness' territories in these parts, as also that there seem'd to be a dissatisfaction taken by the Honorable Colonel Dongan about the settlement of the line between his Majesty's Colony of Connecticut, and his Royal Highness' Colony of New York made by his Honorable Commissioners, and desired the court to consider of the Same, and give their advice what was to be done. The Court having considered the premises, declared by their unanimous Vote, that they judged it Convenient that a Committee be chosen and impower'd by this Court to attend the premises, as soon as may be, according to such commission and instructions as they shall receive from this Court. This Court made choice of the Governor, Major Nathan Gold, Captain John Allyn and Mr. William Pitkin, to attend the service aforesaid. To the Honorable Robert Treat Esq'r Governor, Major Nathan Gold, Capt. John Allyn Esq'r Assistants, and Mr. William Pitkin. GENTLEMEN The general Assembly of his Majesty's Colony of Connecticut, at their present Sessions the 14th day of November 1683, do hereby nominate, Commissionate, and fully impower, as also desire you to take your first opportunity, to travel to the City of New York, where you are to visit the Honorable Thomas Dongan Esq'r, Governor of his Royal Highness the Duke of York, his Territories in America, and to congratulate his Honor's Safe arrival to New England and his Highness' Territories; and to manifest to him this Courts grateful resentment of his Honors profession, by his Letters, of his desire to be in good Amitie with us, and to assure his Honor, that we shall study and endeavor as we may by all good ways and means, to show ourselves as amicable and Servicable to his Royal Highness, and his Honor, as we are capable of, and to that end we shall endeavor to remove all obstructions, and do what is in our Compass to settle and maintain a good and <268> CONNECTICUT RECORDS. neighborly Correspondence with him for our mutual Advantage. Also, Whereas his Honor hath been pleased in his Letters to signify to us that he is not satisfied with the former stated bounds between this Colony and his Royal Highness' Territories, and hath moved for a treaty Settlement of what is, or may be, matter of difference between his Highness' claims and ours, in that respect. You, or any three of you, are hereby fully Commissioned and impowered to treat with his Honor thereabout, or such as he shall please to appoint, and if you shall see just reason to vary any thing from the former Settlements of the Bounds, between his Royal Highness' Territories and this his Majesty's Colony, by his Majesty's Commissioners thereunto by his Majesty especially appointed, and a committee from this Colony, farther towards the East than was agreed on, and hath since been approved by his Majesty. You have hereby full power and authority to do, and agree therein with the said Governor Dongan, or those he shall appoint for a final issue and settlement, according to your best judgment. Provided, that his Majesty and Royal Highness approve of and Confirm the same. _ _ _ Instructions for the Honorable Robert Treat Esq'r Governor, the Worshipful Major Nathan Gold, and Capt. John Allyn, Assistants, & Mr. Wm. Pitkin. GENTLEMEN: You are take by order of this Court our Commission, given to yourselves, to congratulate the Honorable Thomas Dongan, Governor of his Highness the Duke of York's Territories, his safe arrival into these parts, and to treat with him as therein mentioned, as also an attested Copy of the former Settlement of our Westward bounds by his Majesty's Commissioners, with a copy of Colonel Nichols' Commission, impowering him and the other with him thereunto, and of the Commission of our Committee that Concluded with them, as also of his Majesty's gracious Letter wherein the same was Confirmed, with what other papers you may think necessary; and as soon as God gives you opportunity, to go to New York, and there to visit the Honorable Governor, Thomas Dongan and to salute and congratulate him according to your Commission, which you may show him, and deliver him a Copy of, if you see Cause. As to your treating and concluding with him about settling the bounds between that Territory and this Colony, you shall not exceed his demands of twenty Miles Eastward from Hudsons River, but get him to take up with as little as may be. <269> CONNECTICUT RECORDS. You are to see his power to treat and conclude, or if that appear not to your satisfaction, then you must treat and conclude only conditionaly, and with this proviso, that his Majesty and the Dukes Highness shall please to ratify it. As to the rise of our Line at Mamaronock, you are to declare there could be no mistake between the Commissioners about that, and therefore endeavour to hold that Bound. If you grant any parts of the Land within any of the Townships of this Colony, you are to endeavour to reserve those Lands to the Towns Propriety, though as to Jurisdiction they belong to his Highness. You are to endeavour that the former Line Concluded on in all places, shall take place, unless it be where it is nearer Hudsons River, than such a distance as you can agree on. You are to remember all along, to make his Honor sensible how firm and legal the former settlement was, and that our varying from it, is to oblige his Honor and promote and perpetuate good correspondence between this his Majesty's Colony, and his Royal Highness' Territories, and the successive Governors of them both. A true Copy of Record in the Secretary's Office of the State of Connecticut. Examined by GEORGE WYLLYS Sec'ty. _ _ _ Queries by the Lords Commissioners of Trade. GENTLEMEN: My Lords Commissioners for Trade and plantations, Command me to send you the enclosed Queries relating to the Colony of Connecticut, and to desire your particular Answers thereto, as soon as may be. I am ALURED POPPLE. 1 st. What is the situation of the Colony under your Government, the nature of the Country, Soil & Climate, The Latitudes and Longitudes of the most Considerable places in it. Have those Latitudes & Longitudes been settled by good observations, or only by Common Computations, and from whence are the Latitudes 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 Shiping, their Tonage, and the number of Sea faring men, with the respective increase or diminution within ten years past. <270> CONNECTICUT RECORDS. What quantity and Sorts of British Manufactures, do the inhabitants annually take from hence. What trade has the Colony under your Government 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 Manufactures, and what value thereof in Sterling Money may you annually export. What mines are there. What is the number of inhabitants, Whites and Blacks-are the inhabitants increased or decreased within the last ten years how much and for what reasons. What is the number of the Militia. What Forts and plans of defense are 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 Indians. What is the strength of the neighbouring Europeans French or Spaniards. What effect have the French or Spanish settlements on the Continent of America upon his Majesty's Plantations, especially on your Colony. What is the revenue arising within your Government, and how is it appropriated. What are the ordinary and extraordinary expenses of your Government. What are the establishments Civil and Military, within your Government, and by what authority do the Officers hold their places. It is desired that an Annual return may be made to those Queries, that the Board may from time to time, be apprised of any alterations that may happen in the Circumstances of our Government. _ _ _ The Answer of Connecticut. May it please your Lordships: We have received your Queries to his Majesty's Colony of Connecticut, and in answer thereunto, we inform your Lordships as followeth. The Colony of Connecticut is situate upon three principal <271> CONNECTICUT RECORDS. Rivers, viz, Connecticut River, Stratford and Quinabauge Rivers, and on the Sound Southwards towards Long Island; in some places our Lands are Intervale or Meadow, upon the Rivers and by the Sound; the soil is fruitful, but the far greater part of the land in the Colony is Mountainous, rocky, and more Barren. The climate is very cold in the Winter, and very hot in the summer, the weather often and suddenly Changing. The Colony lieth between forty one and forty two degrees of North Latitude, and in Longitude, about seventy degrees west from London. The Latitude has been found by repeated and Careful observations. The repeated and known Boundaries are, the Massachusetts on the North, Rhode Island Colony on the East, Long Island and Sound on the South, and the New York Province on the West; no points thereof are disputed, but all settled and ascertained, except Some part of the dividing Line betwixt this Colony and New York. As to the Constitution of the Government, the Legislature is by our Royal Charter granted by King Charles the second of blessed Memory, lodged in the General Court, consisting of a Governor, or in his absence a deputy Governor, twelve Assistants and one or two deputies from every Town; the Governor, deputy Governor, and assistants, are annually chosen by the Major part of the Freemen of the Colony, and the Deputies by the Freemen in each Town; which Court or assembly are divided into two Houses, the upper House consisting of the Governor or in his absence, the deputy Governor, and six assistants at least; and the lower House of the Deputies (Without the consent of the Major part of each House no act is passed) Who make Laws, institute judicatures, appoint judges and necessary Officers, and cause them to be sworn; grant Lands, make orders and institutions as the necessity of the Government requires, which assembly meet twice in the year, and in the vacancies, the Governor and Assistants manage the contingent Affairs. The trade of the Colony is but small, Horses and Lumber are exported from hence to the West Indies, for which we receive in exchange, Sugar, Salt, Molasses and Rum; what provisions we can spare, and some small quantity of Tar and Turpentine, are sent to Boston and New York and Rhode Island, for which we receive European goods, the number of our shiping and this Tonage, is as followeth: Tons Hartford, David Williams Master, Sloop Mary 60 Greenwich, Sloop Sarah & Abigail, Henry Jones 30 Guilford, Sloop Mary 12 <272> CONNECTICUT RECORDS. Tons. New London, Briganteen London 60 Norwich, Sloop Olive Branch 25 Milford, Sloop Tryall 40 New Haven, Schooner Elizabeth & Mary 50 Saybrook, Sloop Lucy 35 Killingsworth Sloop 10 Norwich, Sloop Mary 20 Hartford, Sloop Rebecca 40 New Haven, Sloop Humbird 20 Norwich, Sloop Martha & Elizabeth 40 Haddam, Sloop Ranger 30 New London, Briganteen Dolphin 80 Guilford, Sloop Tryal 20 Middletown, Sloop Lark 45 Norwich, Sloop Success 40 Hartford, Sloop Hamshire 18 New London, Sloop Lydia & Mary 25 Branford, Sloop Dolphin 33 New Haven, Sloop Mary & Mercy 30 Hartford, Sloop Tryal 35 New Haven, Schooner Tryal 30 Milford, Sloop Swallow 30 Norwalk, Sloop Tryal 25 Guilford, Sloop Swan 25 Middletown, Brigantine Allen 60 Guilford, Sloop Mary 30 Killingsworth, Sloop Tryal 20 New Haven, Sloop Tryal 35 Weathersfield, Sloop Thankful & Ann 18 Greenwich, Sloop Elizabeth 30 Stratford, Sloop Endeavour 30 Fairfield, Sloop¾ 20 New London, Sloop Dolphin 15 Stratford, Sloop Endeavour 30 New London, Sloop Michael 12 Lyme, Sloop Three Brothers 30 Stratford, Sloop Dolphin 12 Saybrook, Sloop North 25 Saybrook, Sloop Joseph & Mary 30 Forty two sail of Vessels, which stand in the Same order as they do in the Collectors Register Book. Our Seafaring men are only what are necessary to manage the Shiping aforesaid, there hath been no Sensible addition or diminution for ten years last past, only, that we have built considerable more the ten years last past than heretofore, the <273> CONNECTICUT RECORDS. most of Said Shiping, So lately built, have been Sold at the Province of Boston, West Indies, and to his Majesty's Subjects of Great Britain, Bristol &c. Our inhabitants take annually all sorts of Woollen Cloth, Silks, Glass, Nails, Sythes, Pewter, Brass, and Fire-Arms, of the British Manufacturers, but we cant ascertain your Lordships the quantity. The trade which the Colony hath with any Foreign Plantations, is only as before mentioned, and with no parts of Europe excepting only a few voyages to Ireland with timber, and some few (one or two), that have been built here of late, made their Voyage to Bristol, there Sold Ship and Cargo, and brought their returns hither. The methods used to prevent illegal Trade, are the measures taken by the Collectors placed at New London, and his deputy at Fairfield, where are also Naval Officers under the Strictest regulations, which do at present prove effectual; but there being many other Convenient Harbours along the sound, many of which were allowed to be free Ports, will render it difficult, had we any Considerable trade, and now is a great hardship, and an obstruction to the little trade that we have, all being obliged to put in at New London to enter, and clear, whereby some winds and much time is lost. The Produce of the Country is Timber, Boards, and all sorts of English grain, Indian Corn, Hemp, and Flax, Sheep, Cattle, Swine, Horse Kind & Goats, and Tobacco. Our Manufacturies are inconsiderable, our people being generally employed in tilling the Earth, Some few are employed in Taning & Shoemaking and other handicrafts others in Building Joiner Work, Taylors, Smiths, without which we Could not Subsist. There are Some Copper Mines found among us, which have not yet been very profitable to the undertakers. Iron Oar hath been found in Sundry places and improved to good advantage. The number of our inhabitants of both sexes and all ages are computed to be 38000, and about 700 Indians and Negroes. The inhabitants are much increased within this ten years last past, the reasons are, firstly, the Country is new and large, secondly, the intestate Estates are, or have been divided among all their Children, which encourages them while in their Fathers family, to join their united Strength to clear and subdue the Earth, and thereby make room for their own settlement when they Come of age. But the consumate and principal reason is, the blessing of the Almighty on the fruit of our bodies and the fruit of our Land. The number of the Militia, according to list or Muster Rolls 18-VOL. XVIII. <274> CONNECTICUT RECORDS. of the train bands, which consist of all Sixteen to fifty five years of age, is 8500. In time of War we have always had sundry Forts on our Frontiers, to Cover us from the insults of the French and Indians, which yet have never been of any great service to us, the enemy Coming in Small parties, Surprise our people Suddenly, and then flee into the adjacent woods. We have had a Fort at New London long since, and several pieces of Cannon, but are now building a New Fort where are already mounted four Cannons to Secure that Post, and in a short time intend diverse more shall be there mounted. The number of Indians amongst us are about 1600, of both sexes and all Ages, they are inclined to hunting, idleness, and excessive drinking. Some of their youth are now in a school at Mohegan, set up and maintained by the English for that purpose, and they give good Evidence of their docability. The Five Nations of Indians as they are called live about 250 miles Westward from us, the French Indians that live at Canada and the Eastern Indians which live about 250 Miles North East us, are our only neighbouring Indians and their strength is unknown to us. The Spaniards have not Settled in North America to the Eastward of Cape Florida as we know of, which is very distant from us. The French at Canada about 400 Miles North from us and of Considerable Strength. The Spaniards in South America have of late years, taken some vessels from this, and sundry from neighbouring Governments. The French at Canada, have been very troublesome to this, and to the neighbouring Governments; Always encouraging the Indians against the English, supplying them with arms & ammunition, and joining with them in making inroads in time of War, they are of Considerable strength and since they are settled on the River St. Lawrence, and on Mississippi to the north of it, boasting in time they will drive us all into the Sea. The annual Revenues arising on Rates & Duties is about £4000 in our paper Currency, of which about £1000 is yearly laid out in maintaining Free schools for the education of our Children, the remainder is for the support of his Majesty's Government here, and to sink a heavy debt we Contracted in the War, and our Expedition against Canada and Annapolis in the reign of Queen Anne. Our Civil establishments are first, a superior Court, consisting of one chief Judge, & four Judges; this Court sits twice in the year in each County, tries all Crimes, and Misdemeanors & Civil actions that come to them by appeals from the inferior <275> CONNECTICUT RECORDS. Courts; Secondly, an inferior Court in each County, consisting of one chief Judge and three or more Justices of the Quorum: these Courts have their quarter sessions for the trial of delinquents and Civil Actions; thirdly, in most of our Towns is one or more Justice of the Peace, for the Conservation of the Peace, and trial of Small Cases. The Militia is divided into five Regiments, as many as there are Countys, over which the Chief Officer is at present a Major, to each of which Regiments belongs a Troop, the superior Officers are appointed by the general Court, the Captains, Lieutenants and Ensigns are chosen by the soldiers, approved by the general Court, and all Commissioned by the Governor in the name of our Lord the King. To the Right Honorable, the Lords Commissioners for Trade and Plantations. Signed per Order of his Honor the Governor, and the Assembly. HEZ. WYLLYS, Secretary. A true Copy from Record in the Secretary's Office of the State of Connecticut. Examined, by GEO. WYLLYS, Sec't. In full Testimony of the truth of the two Several Copies (by me Attested) which are contained in this Roll, the public Seal of the State of Connecticut is hereunto affixed, this 18th day of November, Anno Domini, 1782. GEORGE WYLLYS, Secretary.