John Winthrop, Esq'r. was chosen governor of Connnecticut for the year 1659, and Thomas Wells, Esq'r. deputy governor. Captain Tapping and Mr. Robert Bond were elected magistrates, in the room of Mr. Knowles and Mr. Mulford.

At the election in New-Haven, the same governor and council were rechosen. Indeed, little alteration was made with respect to them, until the union of that colony with Connecticut.

At the October session, Cromwell bay, or Setauket, on LongIsland, at the desire of the inhabitants, was admitted as a member of the jurisdiction of Connecticut.

On May 17th, 1660, Mr. John Winthrop was rechosen governor. This was the first time that any governor had been elected to that office more than once in two years. Major Mason was advanced to the place of deputy governor. The magistrates were Mr. Henry Clark, Mr. Wyllys, Mr. Phelps, Mr. Allen, Mr. Treat, Mr. Gould, Mr. Tapping, Mr. Ogden, Mr. Bond, Mr. Daniel Clark, and Mr. Talcott. Mr. Daniel Clark was secretary, and Mr. Talcott treasurer.

Mr. Webster and Mr. Wells appear now to be no more. They had been annually chosen into the magistracy, for about twenty years, and both had the honour of the chief seat of government.1

At this election, the freemen, having found by long experience, that the clause in the third fundamental article, incapacitating any person to be chosen governor more than once in two years, was prejudicial, rather than advantageous to the colony, resolved, that there should be liberty for the annual choice of the same person governor, or of any other whom they should judge best qualified to serve the commonwealth.

During the wars between Uncas and the Narragansets, they besieged his fort, near the bank of the Thames, until his provisions were nearly exhausted, and he found that he, and his men, must soon perish, by famine or sword, unless he could obtain speedy relief. In this crisis, he found means of communicating his danger to the scouts, who had been sent out from Saybrook fort. By his messengers, he represented the great danger the English, in those parts, would be in immediately, if they should suffer the Moheagans to be destroyed.

Upon this intelligence, one Thomas Leffingwell, an ensign at Saybrook, an enterprising, bold man, loaded a canoe with beef, corn, and pease, and, under cover of the night, paddled from Saybrook into the Thames, and had the address to get the whole into the fort. The enemy soon perceiving that Uncas was relieved,

1 Four or five governors of Connecticut, governor Haynes, governor Wyllys, governors Wells and Webster, lie buried at Hartford, without a monument. William Leet, Esq. governor of New-Haven and Connecticut, also lies interred there, in the same obscure manner. Considering their many and important public services, this is remarkable; but their virtues have embalmed their names, and will render them venerable to the latest posterity.

raised the siege. For this service, Uncas gave said Leffingwell a deed of a great part, if not of the whole town of Norwich. In June, 1659, Uncas, with his two sons, Owaneco and Attawanhood, by a more formal and authentic deed, made over unto said Leffingwell, John Mason, Esq. the Rev. James Fitch, and others, consisting of thirty-five proprietors, the whole township of Norwich, which is about nine miles square. The company, at this time, gave Uncas and his sons about seventy pounds, as a further compensation for so large and fine a tract.

Preparations were immediately made for its settlement; and, this spring, the Rev. James Fitch, with the principal part of his church and congregation, removed from Saybrook, and planted the town of Norwich. Three or four planters joined them from New-London, and two or three from the towns of Plymouth and Marshfield, in Massachusetts. In 1663, the general assembly ordered that the deed should be recorded. The limits were afterwards ascertained, and the town received a patent of the whole.

The Moheagans were a great defence, and of essential service to the town for many years. They kept out their scouts and spies, and so constantly watched their enemies, that they gave the earliest notice of their approach, and were a continual defence against them. For this purpose, in times of danger, they often moved and pitched their wigwams near the town, and were a great terror to the enemy. Once the hostile Indians came near to the town, upon the sabbath, with a design to make a descent upon it; but, viewing it from an eminence, and seeing the Moheagan huts, they were intimidated, and went off without doing the least damage.1

This year, the town of Huntington, upon Long-Island, was received as a member of the Connecticut jurisdiction.

This general court ordered, that grand jurors should be appointed in every town, to make presentment of all breaches of law, in their respective towns. The law required that the presentments should be made to the particular court, in May and October.

The accounts with the heirs of George Fenwick, Esq. had not been closed, nor discharges given, relative to the purchase made of the fort at Saybrook, and the old patent of Connecticut. This was an occasion of great uneasiness among the people. The three towns of Hartford, Windsor, and Weathersfield, presented petitions to the general court, praying that the accounts might be adjusted, and the colony discharged. In consequence of these, a large committee was appointed to make a complete settlement with the said heirs. They having prepared the accounts for a final adjustment, the general court, at their session in October, authorised them, in their behalf, to perfect and confirm the writings. 'Manuscripts from Norwich, and Records of Connecticut.

The governor was authorised, in their name, to affix the public seal of the colony to those which were to be delivered to captain Cullick, and Elizabeth, his wife, heirs of the said George Fenwick, Esq. and to receive of them the writings, to be delivered to the court, in favour of the colony.

Accordingly, on the 7th of October, the colony discharged Mr. John Cullick, and Elizabeth, his wife, their heirs, &c.; and the said John, and Elizabeth, his wife, gave an ample discharge to the colony of Connecticut, from all sums of money due to the said Fenwick, his heirs or assigns, by virtue of the agreements made with Mr. Fenwick, or purchase of the river's mouth.1

Thus, after the term of sixteen years, from the first, and fourteen from the second agreement with Mr. Fenwick, the colony completed a settlement respecting the fort and lands holden by him; and became legally possessed of the tract conveyed to the lords and gentlemen severally named in the patent.

Upon a final adjustment of the accounts, it appeared, that Mr. Cullick and the heirs of Mr. Fenwick 2 were indebted 500 pounds sterling to the colony, which had been paid them, more than what was due according to the original agreements with Mr. Fenwick. John Mason, Esq. now deputy governor, had some time since been authorised, in behalf of the colony, to purchase of Uncas all the lands, which he had reserved for himself and the Moheagans, in the deed of 1640, under the name of planting grounds. Having effected the purchase, he made a surrender of the lands, in the presence of the general court. The following is a minute of the transaction.

"Hartford, session of the general court, March 14, 1660.3

"The jurisdiction power over that land, which Uncas and Wawequa have made over to major Mason, is by him surrendered to this colony. Nevertheless, for the laying out of those lands to farms, or plantations, the court doth leave it in the hands of major Mason. It is also ordered and provided, with the consent of major Mason, that Uncas and Wawequa, and their Indians and successors, shall be supplied with sufficient planting ground at all times, as the court sees cause, out of that land. And the major doth reserve to himself a competency to make a farm."

For want of form, and a more legal manner of conveyance, with respect to those lands, originated the memorable Mason case, or controversy, as it was called. It continued about seventy years, and was an occasion of great trouble and expense to the colony. A statement of it will be made in the progress of this history.

1 Mr. Cullick, who, for several years, had been one of the magistrates of Connecticut, and secretary of the colony, had now removed his residence to Boston.

2 This does not appear to have been money reclaimed by the colony for overpayment, but was a forced compromise by the General Court of a claim against Fenwick's estate for money alleged to have been paid, as "Fort rate," without valid consideration. See Public Records of the Colony of Conn., I: 573; see, also, note P. 119.-J. T.

3 This according to the present mode of dating was March 14, 1661.

CHAPTER XII.

THE colony having purchased the patent, and the government of England having been settled in the king and parliament, the general court determined to make application for a charter under the royal signature. They avowed their allegiance to his majesty, king Charles the second; declared that all the inhabitants of this colony were his faithful subjects; and that it was necessary to petition him for his grace, and the continuance and confirmation of their rights and privileges. The court resolved, that the 500 pounds due from Mr. Cullick should be appropriated to the prosecution of their address, and application to his majesty for a patent.

At the session in May, a petition to his majesty was presented by the governor, and approved by the general court. That it might, however, be made as perfect as possible, the governor and deputy governor, Mr. Wyllys, Mr. Allen, Mr. Warham, Mr. Stone, Mr. Hooker, Mr. Whiting, and the secretary, were appointed a committee for its emendation. They were authorised to methodize and make all such alterations, as they should judge expedient, provided the substance of it were retained. They were directed to write letters to any noble personages in England, to whom it might be expedient to make application, and to transact whatever might be necessary, respecting the petition and the procurement of a patent.

Governor Winthrop was appointed agent to present the petition to his majesty, and to transact all affairs in England, respecting the general welfare of the colony. He had particular instructions from the general court for the management of the business of his agency. He was especially directed to obtain the consent, and take the advice of the nobles and gentlemen, who had been interested in the old patent of Connecticut; and to engage the friendship and influence of all those, who might be active and serviceable, with respect to the interests of the colony.

In the petition to his majesty, it was represented, that the greatest part of the colony had been purchased and obtained by great and valuable considerations; that some other part thereof had been obtained by conquest; and that it had, with great difficulty, at the sole endeavours, expense and charges of themselves and their associates, under whom they claimed, been subdued and improved, and thereby become a considerable enlargement and addition to his majesty's dominions and interests in New-England. These were pleaded as reasons, with his majesty, to grant the tract and privileges for which the petitioners prayed. At the same time, a letter was addressed to lord Say and Seal, 'Appendix No. VII.

representing the encouragements which their fathers, and some of their surviving associates, received from him, to transplant themselves into the inland parts of this vast wilderness, and their assurances of his patronage and favor. They also complained, that Mr. George Fenwick, several years after he had taken possession of the entrance of Connecticut river, determining to return to England, proposed to sell the fort, at Saybrook, with all the buildings and appurtenances there, together with all the lands upon the river, as far eastward as Narraganset bay, with the right of jurisdiction, to the colony. They represented, that this, at first, was strenuously opposed, by many of the inhabitants, as they imagined his lordship, and the other noble patentees, had very bountiful intentions towards them; and that such a procedure would be extremely contrary to their designs. Nevertheless, that afterwards, as some of those gentlemen, who had the greatest interest in the affections of their lordships, were removed by death; and as Mr. Fenwick pretended to be the only patentee; and threatened, that unless the colony would purchase the lands, on his own terms, he would either impose duties upon the people, or sell the premises to the Dutch, they finally agreed with him, and paid him 1,600 pounds for them. They intimated that this was the only way in which the peace and safety of the community could have been preserved. As a further matter of grievance, they complained, that, besides this great abuse, Mr. Fenwick had given them nothing under his hand, to oblige himself or his heirs to fulfil his engagements; and that they had nothing to secure them, in the enjoyment of their just rights and privileges, as a distinct commonwealth. They further made complaint of encroachments made upon them, on the north by the Massachusetts, and by them and others towards the Narragansets; and that they knew not how to support their claims, or ascertain their boundaries, without a patent. They intreat his lordship to consider their circumstances, counsel and assist their agent, and countenance their designs.1

The only alteration which had been made, at the election, this year, in Connecticut, was the choice of Mr. Thurston Rayner into the magistracy; but at New-Haven the alteration was very considerable.

Francis Newman, Esq. who had succeeded governor Eaton, ir. the chief seat of government, was now no more. He had been for many years secretary, under the administration of governor Eaton, and was well acquainted with the affairs of the colony. He is represented as a gentleman of piety and unblemished morals, happily imitating his predecessor both in public and private life.

Upon the election in May, William Lee, Esq. was chosen gov1 Letter to his lordship, No. VIII.