term of ten years, from the first day of March ensuing. It was also enacted, that an entry should be made of all grain laden on board any vessel, of the number of bushels, and of the weight of biscuit, and that a note of the same be delivered to Mr. Fenwick, upon the penalty of forfeiting the one half of all such grain and biscuit as should be put on board and not thus certified. The colony, on the whole, paid Mr. Fenwick 1,600 pounds sterling, merely for the jurisdiction right, or for the old patent of Connecticut.1 The general court, July 19th, ordered that a tax of two hundred pounds should be levied on the plantations in the colony, to defray the charge of advancing the fortifications at Saybrook fort. A committee was appointed, at the same time, to bargain with Mr. Griffin for that purpose, and to make provision for the immediate completion of the fortifications in view. A letter was also dispatched, from the court, to Mr. Fenwick, desiring him, if his circumstances would permit, to make a voyage to England, to obtain an enlargement of the patent, and to promote other interests of the colony.

Notwithstanding the unwearied pains the commissioners of the colonies, and the colonies themselves, had taken to prevent hostilities among the Indians, and to preserve the peace of the country, the perfidious Narragansets were continually waging war. Pessacus and the Narraganset Indians, in violation of all their treaties, had repeatedly invaded the Moheagan country and assaulted Uncas in his fort. They had killed and taken numbers of his men, and so pressed him, that both Connecticut and NewHaven were obliged to dispatch parties of men to his assistance, to prevent the enemy from completely conquering him and his country.

Governor Winthrop therefore called a special meeting of the commissioners, at Boston, on the 28th of June, 1645. Governor Winthrop and Mr. Herbert Pelham, were commissioners for Massachusetts, Mr. Thomas Prince and Mr. John Brown for Plymouth, Edward Hopkins and George Fenwick, Esquires, for Connecticut, governor Eaton and Mr. Stephen Goodyear for New-Haven.

Immediately on the meeting of the commissioners, they dispatched messengers into the Narraganset and Moheagan countries. They were charged to acquaint the sachems and Indians of the respective tribes, that if they would go to Boston, the commissioners would impartially hear and determine all their differences; and that, however the treaty might end, they should be allowed to go and return in safety. The sachems, at first, seemed to give some fair speeches; but finally determined, that they would

1 No jurisdiction right or patent appears to have been obtained from Fenwick, although the agreement with him stipulates that he should obtain this right "if it come into his power." His failure to do this was evidently the basis for the claim against his heirs. See note, p. 196.—J. T.

neither go nor send to Boston. The Narragansets insulted and abused the messengers, and uttered haughty and threatening speeches against the English. One of the sachems declared, that he would kill their cattle and pile them in heaps; and that an Englishman should no sooner step out at his doors than the Indians would kill him. He declared that, whoever began the war, he would continue it; and that nothing should satisfy him but the head of Uncas. On the whole, the messengers were obliged to return without effecting any good purpose. By them Mr. Williams wrote to the commissioners, assuring them that an Indian war would soon break out; and that, as a preparative, the Narragansets had concluded a neutrality with Providence and the towns upon Aquidney island.

These reports roused the English spirit. The commissioners, considering that the Narragansets had violated all their treaties, killed a number of the Moheagans, taken others captive, destroyed their corn, and, with great armies, besieged Uncas in his fort; and besides, that they had highly insulted the united colonies and abused their messengers, determined that an immediate war with them was both justifiable and necessary.

However, as they wished to act with prudence as well as spirit, and to give general satisfaction in an affair of such moment, they desired the advice of the magistrates, elders, and a number of the principal military officers in the Massachusetts. These assembled, and were unanimously of the opinion, that their engagements obliged them to defend Uncas and the Moheagans: that the defence which they were obliged to give, according to the common acceptation of such engagements, extended not barely to the defence of Uncas and his men in their fort, but to his estate and liberties; and that the aid to be given must be immediate, or he would be totally ruined.

It was therefore determined, that a war with the Indians was just, that the case should be stated in short, and war, with the reasons of it, be proclaimed. A day of fasting and prayer was appointed on the fourth of September. It was resolved, That three hundred men should be forthwith raised, and sent against the enemy. Massachusetts were to furnish 190, Plymouth and Connecticut 40 each, and New-Haven 30. As the troops from Connecticut and New-Haven, who had assisted in defending Uncas, the former part of the summer, were about to return to their respective colonies, forty men were impressed in the Massachusetts, and marched in three days, completely armed and victualled. These were commanded by Humphry Atherton. Orders were dispatched to the troops to be raised in Connecticut and New-Haven, to join them at Moheagan. A commission was forwarded to captain Mason to take the command of all the troops, until the whole army should form a junction. The chief com

mand of the army was given to major Edward Gibbons, of Massachusetts. He was instructed not only to defend Uncas, but to invade and distress the Narragansets and Nehanticks, with their confederates. He had instructions to offer them peace. If they would receive it upon honorable terms, he, with his officers, had power to make a treaty with them. If the enemy should flee from the army, and would neither fight nor make peace, the commander had orders to build forts in the Nehantick and Narraganset country; to which he might gather the enemy's corn and goods, as far as it should be in his power.

The Narragansets had sent a present to governor Winthrop, of Boston, desiring that they might have peace with the English, but wage war with Uncas, and avenge the death of Miantonimoh. The governor refused to receive the present upon such terms; but the messengers, by whom it was carried, urging that they might leave it until they could consult their sachems, he suffered it to be left with him. The commissioners ordered, that it should be immediately returned. Captain Hurding, Mr. Wilbore, and Benedict Arnold, were sent into the Narraganset country, to return the present, and to assure Pessacus, Canonicus, Janimo, and the other sachems of the Narraganset and Nehantick Indians, that they would neither receive their presents, nor give them peace, until they should make satisfaction for past injuries, and give security for their peaceable conduct for the future. They were to certify the Indians, that the English were ready for war; and that if war was their choice, they would direct their affairs for that purpose. At the same time, they had orders to assure them, that if they would make satisfaction for the damages which they had done, and give security for their peaceable conduct, in time to come, they should know, that the English were as desirous of the peace, and as tender of the blood of the Narragansets, as they had ever been.

The messengers prosecuted their journey with great dispatch, and brought back word, that Pessacus, chief sachem of the Narragansets, and others, were coming to Boston forthwith, vested with full powers to treat with the commissioners. The messengers, though sent on purpose to carry back the present, and to assure the Indians that the English would not receive it, returned with it to Boston. They also wrote to captain Mason, acquainting him that there were hopes of peace with the Indians.

The commissioners, therefore, while they acknowledged the pains and expedition with which they had accomplished their journey, censured them, for not attending to their instructions. Especially, they judged them worthy of censure, for bringing back the present, and for writing to captain Mason. The latter, they imagined, could have no other effect than to retard his operations.

The Indians, finding that an army was coming into the heart of their country, made haste to meet the commissioners, and ward off the impending blow. A few days after the return of their messengers, Pessacus, Meeksamo, the eldest son of Canonicus, and Wytowash, three principal sachems of the Narragansets, and Awashequen, deputy of the Nehanticks, with a large train, arrived at Boston.

They, at first, denied and excused many particulars which the commissioners charged upon them. They insisted on the old story of the ransom, and proposed to make a truce with Uncas, until the next planting time, or for a year. The commissioners assured them, that matters were now come to a crisis, and that they would accept of no such terms. They charged the Indian sachems with their perfidious breach of treaties, with the injuries they had done to Uncas, with their insults of the English, and with the great trouble and expense to which they had put them, to defend Uncas, and maintain the peace of the country. The Indians, finally, though with great reluctance, acknowledged their breach of treaties. One of the sachems presented the commissioners with a stick, signifying, by that token, that he submitted the terms of war and peace into their hands, and wished to know what they required of the Indians.

The commissioners represented to them, that the charge and trouble which they had brought on the colonies was very great, besides all the loss and damages which Uncas had sustained. They charged all these, upon their infraction of the treaties which they had made with the colonies, and with Uncas. They assured the Indians, that though two thousand fathom of white wampum would, by no means, be equal to the expense to which they had put the colonies, entirely by their violation of their treaties; yet, to show their moderation, they would accept of that sum for all past damages. It was required, that they should restore to Uncas all the captives and canoes which they had taken from him; that they should submit all matters of controversy, between them and Uncas, to the commissioners, at their next meeting; and that they should maintain perpetual peace with the English, and all their subjects and allies. Finally, hostages were demanded, as a security for the performance of the treaty.1 These, indeed, were hard terms. The Indians made many exceptions to them; but as they knew the English were gone into their country, and were fearful that hostilities would be commenced, even while the treaty was pending, they submitted to them. Some abatement was made, as to the times of payment at first proposed, and it was agreed that Uncas should restore to the Narragansets all captives and canoes which he had taken from them. This gave the Narragansets and Nehanticks some ease; but it was with great reluctance, that they 1 Records of the united colonies.

finally signed the articles. Nothing but the necessity of the case, could have been a sufficient inducement.

On the 30th of August, the articles were signed, and the Indians left several of their number, as hostages, until the children, who had been agreed upon for a permanent security, should be delivered.

The troops which had been raised were disbanded, and the day appointed for a general fast was celebrated as a day of general thanksgiving.

New-Haven, this year, appointed Mr. Gregson their agent to the parliament in England, to procure a patent for the colony. The court at New-Haven, voted, that it was a proper time to join. with Connecticut, in procuring a patent from parliament, for these parts.1 It appears, that both Connecticut and New-Haven, at this time, had it in contemplation to obtain charters from parliament, for their respective jurisdictions; but Mr. Fenwick, who had been desired to undertake a voyage, for this purpose, in behalf of Connecticut, did not accept the appointment, and Mr. Gregson was lost at sea. In consequence of these circumstances, and the state of affairs in England afterwards, the business rested until after the restoration.

This year Tunxis was named Farmington. At this time, there were in the colony of Connecticut eight taxable towns; Hartford, Windsor, Weathersfield, Stratford, Fairfield, Saybrook, SouthHampton and Farmington. In the colony of New-Haven were six; New-Haven, Milford, Guilford, Southhold, Stamford and Branford.

In 1646 there was an alteration in the act respecting juries. In 1644, an act passed authorizing the court of magistrates to increase or mitigate the damages given by verdict of the jury. It was now enacted, that whatever alterations should be made of this kind, at any time, should be made in open court, in the presence both of the plaintiff and defendant, or upon affidavit made, that they had been summoned to appear.

At this court the town of Fairfield made objections to that part of the act passed in 1644, which admitted of a jury of six. They insisted on twelve jurymen in all cases triable by a jury; but consented, that eight out of twelve should bring in a verdict. It does. not appear, that a jury of six was ever empanelled, after this time. The laws were soon after revised, and ordained a jury of twelve in all cases which required a jury.

The commissioners of the united colonies met, this year, at New-Haven. The Dutch continuing their injurious conduct against the English, complaints were made to the commissioners, of the recent and repeated insults and damages which they had received from them. Instead of making them the least satisfac

1 Records of New-Haven.