THREE JUDGES

In the year 1661, when the city of New Haven was a small village

not much more than twenty years old, a family of boys named

Sperry lived out on a farm some two or three miles west of that

settlement. There was only one house then besides theirs outside

the town in that direction and the woods all about were thick and

wild.

That summer something mysterious was going on near the Sperry

farm. Every morning Richard Sperry himself, or one of his boys,

carried food, in dishes covered with a cloth, into the woods on

the steep side of West Rock about a mile from the house, and left

it there on a stump. Every evening he, or one of his sons, went

for the empty bowls and brought them home. The boys were curious

to know who had eaten the food, for they never met any one coming

or going, and never saw any one up on the Rock. In reply their

father told them that there were men at work in the forest near

by; yet they never heard voices nor the sound of an axe, and it

was only long afterward that they learned the real reason for

what they had done. If one of the boys had waited long enough

some morning, lying still and hidden in the bushes, he might have

seen a man come slowly and cautiously through the woods toward

him, a dignified, grave-looking person with something foreign in

his dress, something soldierly in his bearing, as if he were

accustomed to commanding others; he might have watched this

stranger--so different from the people he knew--take up the

dishes of food and disappear again into the dark forest. And he

would have wondered why a man like that, who was evidently not a

hunter and not a new settler, should be hiding in the woods

around New Haven.

Twelve years before, in England, this same man had taken part in

a very different scene. There was a great trial held in the

stately old Hall of Westminster and the prisoner at the bar was

the King of England himself, and among the fifty-nine judges who

condemned him to death was the man who was now hunted for his own

life and was in hiding near the Sperry farm that summer, three

thousand miles away from all he loved in England.

There were nearly one hundred men who had some part, large or

small, in the trial and death of King Charles the First, and all

of them were in great danger eleven years later when the

Royalists returned to power and his son, Charles the Second,

became king. A few who had very little to do with the king's

sentence were pardoned; others were seized at once, tried,

condemned, and executed in the barbarous way the English law then

allowed, and still others tried to escape by leaving England.

Some got safely to the Continent and wandered about from one

foreign city to another, trying to pass unnoticed in the crowd,

and always in danger of being discovered and arrested by the

messengers the English Government sent after them.

Three of them came to New England and spent some time in

Connecticut. This is their story.

Early in May, 1660, a ship named the Prudent Mary lay at

Gravesend near London, getting ready to sail under her master,

Captain Pierce, for the colonies in the new world. Two of the

regicides, General Edward Whalley and General William Goffe, had

taken passage in her, but they dared not sail under their own

names and they came aboard as Edward Richardson and William

Stephenson. While the ship was waiting in Gravesend the new king

was proclaimed. That was on Saturday, May 12. The next day

General Goffe wrote in his diary,--"May 13. Wee kept Sabbath

abord."

On Monday they sailed and were happy to get away from England

before an order could be given for their arrest. The ships of

those days were very small and the little Prudent Mary took ten

weeks to make her way across the ocean, but at last Goffe wrote

in his journal: "July 27. We came to anchor between Boston and

Charlestown; between 8 and 9 in the morning; all in good health

through the good hand of God upon us."

When the judges landed they were among friends, for most of the

people in New England were of their political party. They took

their own names again, called on the Governor of Massachusetts

Bay Colony and went about freely. Goffe's diary says: "Aug. 9.

Went to Boston lecture and heard Mr. Norton. Went afterwards to

his house where we were lovingly entertained with many ministers

and found great respects from them." And on the 26th: "We visited

Elder Frost, who received us with great kindness and love."

This diary and his letters show that Goffe was sincere and

religious, but his life tells us that he was brave and energetic

too. He had made his own way, and both he and Whalley, who was

his father-in-law, had been important men in England; they were

major-generals who had fought in great battles and had taken part

in great events in history. There is an old story about their

skill in fencing.

"At Boston," so the story runs, "there appeared a gallant person,

some say a fencing-master, who, on a stage erected for the

purpose, walked for several days challenging and defying any to

play with him at swords. At length one of the judges disguised in

a rustic dress, holding in one hand a cheese wrapped in a napkin

for a shield, with a broomstick, whose mop he had besmeared with

dirty puddle water as he passed along, mounted the stage. The

fencing-master railed at him for his impudence, asked what

business he had there, and bade him begone. The judge stood his

ground, upon which the gladiator made a pass at him with his

sword to drive him off. An encounter ensued. The judge received

the sword into the cheese and held it till he drew the mop of the

broom over the other's mouth, and gave the gentleman a pair of

whiskers. The gentleman made another pass, and plunging his sword

a second time, it was caught and held in the cheese till the

broom was drawn over his eyes. At a third lunge, the sword was

caught again, till the mop of the broom was rubbed gently all

over his face. Upon this, the gentleman let fall, or laid aside,

his small sword and took up the broadsword and came at him with

that, upon which the judge said, 'Stop, sir! Hitherto, you see, I

have only played with you and have not attempted to hurt you, but

if you come at me now with the broadsword, know that I will

certainly take your life.' The firmness and determination with

which he spoke struck the gentleman, who, desisting, exclaimed,

'Who can you be? You are either Goffe, Whalley, or the devil, for

there was no other man in England that could beat me.'"

For seven months the two judges lived in Cambridge at the house

of Major Daniel Gookin, a member of the governor's council and a

fellow passenger of theirs in the Prudent Mary. They went to

church on Sundays, and no doubt on "training-days" they watched

the train-bands practice, for they were famous fighters

themselves. But meantime the news of their being in the colonies

was carried to England by a royalist named Captain Breedon, and

the governor debated with his council what to do about it. He

wanted to protect them, but he feared the king's displeasure

might bring trouble on the colony. Before he decided, the two

judges, or "the two Colonels" as they were called, finding they

were not safe in Boston, left for New Haven.

This was their first journey in the new wilderness; it was winter

time, and probably there was snow on the ground and hanging heavy

on the trees-more snow than they had ever seen in England. Most

of the road between Boston and New Haven was a trail through

forests where a guide was necessary. They stopped at Hartford,

were kindly received there, and reached New Haven early in March.

For three weeks they were guests of the minister, Reverend John

Davenport. He was their friend and is said to have preached a

sermon from the text, "Hide the outcasts; betray not him that

wandereth," to prepare people for their coming. Whalley's sister

had once lived in New Haven and they had other friends there too.

But it was very dangerous for these friends to try to protect

them, and when word came that a reward had been offered in

England for their arrest, the hunted judges left New Haven as

they had left Boston before, pretending, this time, to go to New

York. However, they only went as far as Milford and turned back

secretly in the night to New Haven where the minister received

them again and hid them, in his own house and in the houses of

other friends, until May, when a still greater danger threatened

them.

The royal order for their arrest at last reached Boston and the

governor there was obliged to forward it. He gave it to two young

royalists, Thomas Kellond and Thomas Kirk, and on Saturday, May

11, they arrived with it in Guilford at the house of William

Leete, the Governor of the New Haven Colony. Governor Leete took

the paper and began to read it aloud, hoping some one in the room

would overhear it and send word to warn the judges. Kirk and

Kellond interrupted him and said the paper was too important to

read in public. Then they asked for horses and a search-warrant

to carry with them to New Haven. It took a long time to get the

horses; there was one delay after another, and the governor said

he could not give them the warrant without consulting the other

magistrates, but he would write a letter. It took a long time

also to write the letter, and when both horses and letter were

ready it was too late to start that night. The next day was

Sunday and nobody was allowed to travel on Sunday in the New

Haven Colony. So the messengers waited impatiently for Monday,

and meantime they heard rumors that the judges had been seen in

New Haven, and that Mr. Davenport must be protecting them still,

because he had lately put ten pounds' worth of fresh provisions

in his house; all of which made them still more impatient.

On Monday, at last, they got to New Haven, and some hours later

Governor Leete followed them--very slowly--and called the

magistrates together. It took the magistrates so long to decide

what to do that Kellond and Kirk asked bluntly whether they meant

to honor and obey the king or not. The governor answered, "We

honor his Majesty, but we have tender consciences." At last a

search was ordered to be made for the regicides, but Kirk and

Kellond were convinced by this time that it would be useless, and

they left in disgust for New York.

They were right, it was useless; for an Indian runner had come

quickly from Guilford on Saturday, and Goffe and Whalley had

disappeared.

Several stories are told of their narrow escapes at this time.

One says they were on the Neck Bridge over Mill River on State

Street when they heard the horses of their pursuers behind them

and had only time to slip under the bridge and lie there hidden

while the men rode over their heads. Another tells how a woman

hid them in her house, in a closet whose door looked like a part

of the wall with kitchen pots and pans hung on it. When they left

the settlement they took refuge in the wild forest, and most of

that summer they lived in a cave in a pile of boulders on the top

of West Rock. The cave is there still, and is called "Judges'

Cave" to-day. Richard Sperry carried food to them or sent it by

one of his boys, and sometimes on very stormy nights they crept

secretly down to his house and stayed with him. Once, in June,

they went back to New Haven and offered to give themselves up to

save their friends, if necessary, and arranged that Governor

Leete should always know where to find them. Most people thought

they had left the colony altogther then, but they were back in

their cave on the Rock, or in some other hiding-place in the deep

woods. Rewards were still offered for them and they dared not

venture out. They called West Rock "Providence Hill," because God

had provided for them there. And now these two men, who had led

such stirring, active lives in England, lived in a great

loneliness and silence, with no friends near them, no sounds but

the distant crash of a falling tree, or the wind sighing in the

forest branches. There were prowling Indians and prowling wild

beasts. Once, so the story says, a panther crept up stealthily to

the cave at night as they lay in bed and put his head in at the

opening, his eyes burning in the darkness like two fires.

In August, when the search for them was pretty much over, they

went to Milford. They stayed there very secretly for three years,

until, in 1664, there was danger of another search being made.

Then they went back to their cave on the Rock; but it was no

longer a safe place for them, because "some Indians in their

hunting discovered the cave with the bed," and their friends made

a different plan for their concealment.

The exiles set out on another long journey. They traveled only at

night, stopping and hiding in the daytime. The trail they

followed led them up the valley of the Connecticut River, beyond

Hartford and far into the north, until they came to what is now

the town of Hadley in Massachusetts. This was then one of the

farthest settlements in the wilderness and very remote and

lonely. Reverend John Russell, the minister there, gave them

shelter and took care of them. There was a cellar under part of

his house, and, by taking up some loose boards in the floor above

it, they could drop down quickly into it if visitors came

unexpectedly. In spite of the danger to himself, Mr. Russell kept

them safe in Hadley for twelve or fifteen years. A few friends

wrote to them and sent them money, but no one else in the world

outside knew what had become of them or whether or not they were

still alive.

There is a famous story about one of the regicides in Hadley.

Once, it says, in King Philip's War the Indians attacked the

place. They burst out of the woods and rushed upon the settlement

on a Sunday morning while every one was at church. Terror-stricken

and thrown into wild confusion by the sight of the yelling savages

the people of Hadley were helpless, when, all at once, an unknown

man, with whitening hair and strange garments, appeared in the

midst of them and took command. He rallied them and led them out

against the Indians and drove them back into the forest. "As

suddenly as he had come, the deliverer of Hadley disappeared."

No one ever saw him again, and the people said God must have sent

an angel to help them. Long afterward they learned that it was

General Goffe.

[Illustration: The Judges' Cave on West Rock]

There is not much more to tell about the judges after this.

Whalley was an an old man now, and Goffe wrote to his wife, who

was Whalley's daughter, "Your old friend" (he dared not say her

father, and he signed himself Walter Goldsmith instead of

William Goffe) "is yet living, but continues in a very weak

condition and seems not to take much notice of anything that is

done or said, but patiently bears all things and never complains

of anything. The common and very frequent question is to know how

he doth and his answer for the most part is, 'Very well, I praise

God,' which he utters with a very low and weak voice."

After Whalley died, Goffe left Hadley and went to Hartford. We do

not know much about him there. We know that he was still an exile

with a price on his head, and still hiding. In one of his letters

he says to a friend, "Dear Sir, you know my trials are considerable,

but I beseech you not to interpret any expression in my letters as

if I complained of God's dealing with me." His family in England

had moved and he did not know their address or how to reach them,

and in April, 1679, he wrote to the same friend, "I am greatly

longing to hear from my poor desolate relations, and whether my

last summer's letters got safe to them." What answer he received,

whether he ever heard from them again, we cannot tell, for his

story ends with that last letter.

The third regicide judge who came to Connecticut; was Colonel

John Dixwell. He spent some time with Whalley and Goffe at Hadley

and afterward lived seventeen years in New Haven. No search was

ever made for him because he was supposed to have died in Europe,

and he was known to almost every one in the colony as Mr. James

Davids. It was only when he was on his death-bed that he allowed

his real name to be told. His house stood on the corner of Grove

and College Streets; he married in New Haven and had several

children. He was a great friend of Reverend James Pierpont, the

minister, and the story goes that they had beaten a path walking

across their lots to talk over the fence and that Madame Pierpont

used to ask her husband who that old man was who was so fond of

living "an obscure and unnoticed life" and why he liked so much

to talk with him, and he replied that "if she knew the worth and

value of that old man she would not wonder at it."

Once, so it is said, Sir Edmund Andros came from Boston to New

Haven and noticed on Sunday in church a dignified old gentleman

with an erect and military air very different from the rest of

the people, and asked who he was. He was told that it was Mr.

Davids, a New Haven merchant. "Oh, no," said Andros, "I have seen

men and can judge them by their looks. He is no merchant; he has

been a soldier and has figured somewhere in a more public station

than this." Some one warned Dixwell and he stayed away from

church that afternoon.

When he died he was buried in the old burying-ground behind

Center Church on the New Haven Green. In 1849, one of his

descendants put up the monument to him which stands there to-day.

The monument to Goffe and Whalley is the "Judges' Cave" on the

top of West Rock, and three streets in New Haven are also named

for the three regicide judges who came to Connecticut.

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