1636, and preparations had been made for the reception of gentlemen of quality; but the war with the Pequots, the uncultivated state of the country, and the low condition of the colony, prevented the coming of any principal character from England, to take possession of a township, and make settlements in this tract. Until this time, there had been only a garrison of about twenty men in the place. They had made some small improvement of the lands, and erected a few buildings in the vicinity of the fort; but there had been no settlement of a plantation with civil privileges. But about midsummer, Mr. George Fenwick, with his lady and family, arrived in a ship of 250 tons. Another ship came in company with him. They were both for Quinnipiack. Mr. Fenwick and others, came over with a view to take possession of a large tract upon the river, in behalf of their lordships, the original patentees, and to plant a town at the mouth of the river. A settlement was soon made, and named Saybrook, in honour to their lordships, Say and Seal and Brook. Mr. Fenwick, Mr. Thomas Peters, who was the first minister in the plantation, captain Gardiner, Thomas Leffingwell, Thomas Tracy, and captain John Mason, were some of the principal planters. Indeed, the Huntingtons, Baldwins, Reynolds's, Backus's, Bliss's, Watermans, Hydes, Posts, Smiths, and almost all the names afterwards to be found at Norwich, were among the first inhabitants of Saybrook. The government of the town was entirely independent of Connecticut, for nearly ten years, until after the purchase made of Mr. Fenwick, in 1644. It was first taxed by the colony in the October session, 1645; and it appears by the tax imposed, that the proportion of the towns of Hartford, Windsor, and Weathersfield, were to this, as six to one. The plantation did not increase to any considerable degree until about the year 1646, when Mr. James Fitch, a famous young gentleman, was ordained to the pastoral care of the church and congregation; and a considerable number of families from Hartford and Windsor removed and made settlements in the town. Its original boundaries extended eastward five miles beyond the river, and from its mouth northward six miles; including a considerable part of the town of Lyme. Westward they extended to Hammonasset, the Indian name of the tract comprised in the limits of Killingworth, and north eight miles from the sea. Mr. Fenwick and captain 1 Mason were magistrates, and had the principal government of the town.

1

Great difficulties had arisen the last year, between the English at Pyquaug, now Weathersfield, and Sowheag and his Indians. It was discovered, that some of the Indians at Pyquaug, under Sowheag, had been aiding the Pequots in the destruction which they

'Though captain Mason was appointed major-general of the militia of the colony, yet he was always called captain, or major, upon the records; in conformity to which I have uniformly given him those titles.

had made there the preceding year, and were instrumental of bringing them against the town. Sowheag entertained the murderers, and treated the people of Weathersfield with haughtiness and insult. The court at Connecticut, on hearing the differences, determined, that, as the English at Weathersfield, had been the aggressors, and gave the first provocation, the injuries which Sowheag had done should be forgiven, and that he should, on his good conduct for the future, be restored to their friendship. Mr. Stone and Mr. Goodwin were appointed a committee to compromise all differences with him. However, as Sowheag could not, by any arguments, or fair means, be persuaded to give up the murderers, but continued his outrages against the English, the court, this year, determined, that a hundred men should be sent down to Mattabeseck, to take the delinquents by force of arms. The court ordered, that their friends at Quinnipiack should be certified of this resolution, that they might adopt the measures necessary for the defence of the plantations. It was, also, determined to have their advice and consent in an affair of such general concernment.

Governor Eaton and his council fully approved of the design of bringing the delinquents to condign punishment; but they disapproved of the manner proposed by Connecticut. They feared that it would be introductive to a new Indian war. This they represented would greatly endanger the new settlements, and be many ways injurious and distressing. They wanted peace, all their men and money, to prosecute the design of planting the country. They represented that a new war would not only injure the plantations in these respects, but would prevent the coming over of new planters, whom they expected from England. They were, therefore, determinately against seeking redress by an armed force. Connecticut, through their influence, receded from the resolution which they had formed with respect to Sowheag and Mattabeseck.

Nevertheless, as the Pequots had violated their covenant, and planted at Pawcatuck, in the Pequot country, the court dispatched major Mason, with forty men, to drive them off, burn their wigwams, and bring away their corn.1 Uncas, with a hundred men and twenty canoes, assisted in the enterprise. When they arrived at Pawcatuck bay, major Mason met with three of the Pequot Indians, and sent them to inform the others of the design of his coming, and what he should do, unless they would peaceably desert the place. They promised to give him an immediate answer, but never returned.

The major sailed up a small river, landed, and beset the wigwams so suddenly, that the Indians were unable to carry off either their corn or treasures. Some of the old men had not time to make

1 Records of Connecticut,

their escape. As it was now Indian harvest, he found a great plenty of corn.

While Uncas's Indians were plundering the wigwams, about sixty others came rushing down a hill towards them. The Moheagans stood perfectly still, and spake not a word, until they came within about thirty yards of them; then, shouting and yelling, in their terrible manner, they ran to meet them, and fell upon them, striking with bows, and cutting with knives and hatchets, in their mode of fighting. Indeed, it scarcely deserved the name of fighting. It, however, afforded something new and amusing to the English, as they were now spectators of an Indian battle. The major made a movement to cut off their retreat, which they perceived, and instantly fled. As it was not desired to kill, or irritate the Indians more than was absolutely necessary, the English made no fire upon them. Seven Indians were taken. They behaved so outrageously, that it was designed to take off their heads; but one Otash, a Narraganset sachem, brother to Miantonimoh, pleaded that they might be spared, because they were his brother's men, who was a friend to the English. He offered to deliver the heads of so many murderers in lieu of them. The English, considering that no blood had been shed, and that the proposal tended both to mercy and peace, granted the request. The Indians were committed to the care of Uncas, until the conditions should be performed.

The light of the next morning no sooner appeared, than the English discovered three hundred Indians in arms, on the opposite side of the creek in which they lay.

Upon this, the soldiers immediately stood to their arms. The Indians were alarmed at the appearance of the English; some fled, and others secreted themselves behind rocks and trees, so that a man of them could not be seen. The English called to them, representing their desire of speaking with them. Numbers of them rose up, and major Mason acquainted them with the Pequots' breach of covenant with the English, as they were not to settle or plant in any part of their country. The Indians replied, that the Pequots were good men, and that they would fight for them, and protect them. Major Mason told them it was not far to the head of the creek; that he would meet them there, and they might try what they could do at fighting. The Indians replied, they would not fight with Englishmen, for they were spirits; but they would fight with Uncas. The major assured them, that he should spend the day in burning wigwams, and carrying off the corn, and they might fight when they had an opportunity. The English beat up their drum, and fired their wigwams, but they dared not to engage them. The English loaded their bark with Indian corn, and the Indians the twenty canoes in which they passed to Pawcatuck, and thirty more, which they took from the

Indians there, with kettles, trays, mats, and other Indian luggage, and returned in safety.1

During these transactions in Connecticut, the Dutch, at NewNetherlands, were increasing in numbers and strength. A new governor, William Kieft, a man of ability and enterprise, had arrived at their seat of government. Kieft had prohibited the English trade at the fort of Good Hope, in Hartford, and protested against the settlement at Quinnipiack. These circumstances gave some alarm to the English in Connecticut. The court at Hartford appointed a committee to go down to the mouth of the river, to consult with Mr. Fenwick, relative to a general confederation of the colonies, for mutual offence and defence. The deputy-governor, Mr. Ludlow, Mr. Thomas Wells, and Mr. Hooker, went upon this business. They were, also, instructed to confer with Mr. Fenwick, relative to the patent. The court approved of the conduct of the committee, and, with respect to the article of confederation, declared its willingness to enter into a mutual agreement of offence and defence, and of all offices of love between the colonies. Mr. Fenwick was in favour of an union of the New-England colonies. With respect to the patent of the river, it was agreed, that the affair should rest, until the minds of the noblemen and gentlemen particularly interested, could be more fully known.

Governor Haynes and Mr. Wells were appointed to repair to Pughquonnuck, and administer the oath of fidelity to the inhabitants; to admit such of them as were qualified to the privileges of freemen; and to appoint officers for the town, both civil and military. They were, also, authorised to invite the freemen to send their deputies to the general courts at Hartford."

At an adjourned General Assembly, October 10th, the court incorporated the several towns in the colonies, vesting them with full powers to transact their own affairs. It was enacted, that they should have power to choose, from among themselves, three, five, or seven of their principal men, to be a court for each town. One of the three, five, or seven, was to be chosen moderator. The major part of them, always including him, constituted a quorum. A casting voice was allowed him, in cases in which there was an equal division. He, or any two of the court, were authorised to summon the parties to appear at the time and place appointed, and might grant execution against the party offending. They were authorised to determine all matters of trespass or debt. not exceeding forty shillings. An appeal might be made from

1 Mason's History.

2 Smith's Hist. N. York, p. 3.

3 It was not unusual for the General Assembly to fine its members. Mr. Ludlow, the deputy-governor, was fined for absence, and for his conduct at Pughquonnuck. It was, probably, on the account of the displeasure of the court towards him, that this committee were appointed.

this court, at any time before execution was given out. This court was appointed to sit once in two months.

It was ordained, that every town should keep a public ledger, in which every man's house and lands, with the boundaries and quantity, according to the nearest estimation, should be recorded. All lands also granted and measured to any man afterwards, and all bargains and mortgages of lands were to be put on record. Until this was done, they were to be of no validity. The towns were, also, empowered to dispose of their own lands. This was the origin of the privileges of particular towns in Connecticut.

Besides the court in each town, there was the court of magistrates, termed the particular court. This held a session once in three months. To this lay all appeals from the other courts. In this were tried all criminal causes and actions of debt, exceeding forty shillings, and all titles of land. Indeed, this court possessed all the authority, and did all the business now possessed and done by the county and superior courts. For a considerable time, they were vested with such discretionary powers, as none of the courts at this day would venture to exercise.

Nepaupuck, a famous Pequot captain, who had frequently stained his hands in English blood, was condemned by the General Court at Quinnipiack, for murder. It appeared, that in the year 1637, he killed John Finch, of Weathersfield, and captivated one of Mr. Swain's daughters. He had also assisted in killing the three men, who were going down Connecticut river in a shallop. His head was cut off, and set upon a pole in the market place. It will, doubtless, hardly be granted, in this enlightened age, that the subjects of princes, killing men by their orders, in war, ought to be treated as murderers. Though the first planters of New-England and Connecticut were men of eminent piety and strict morals, yet, like other good men, they were subject to misconception and the influence of passion. Their beheading sachems, whom they took in war, killing the male captives, and enslaving the women and children of the Pequots, after it was finished, was treating them with a severity, which, on the benevolent principles of christianity, it will be difficult ever to justify. The executing of all those as murderers, who were active in killing any of the English people, and obliging all the Indian nations to bring in such persons, or their heads, was an act of severity unpractised, at this day, by civilized and christian nations. The decapitation of their enemies, and the setting of their heads upon poles, was a kind of barbarous triumph, too nearly symbolizing with the examples of uncivilized and pagan nations. The further we are removed from every resemblance of these, and the more deeply we imbibe those divine precepts, "Love your enemies: Whatsoever ye would that men should do unto you, do ye even so to them," the greater will be our dignity and happiness.