USA > Rhode Island > Providence County > Providence > History of the state of Rhode Island and Providence plantations, Vol. I > Part 41
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6.
1 Br. S. P. O., New Eng., vol. iii. pp. 322-3, 326-7.
2 See original letter prefacing the articles. Br. S. P. O., New England, vol. iv. p. 245. R. I. Col. Rec., iii. 175.
3 Originals of both in Br. S. P. O., New England, vol. iii. pp. 294, 348.
1685. Apri 18. May 5.
481
WRITS OF QUO WARRANTO.
A royal letter announcing an impost upon sugar and tobacco, to be paid by the retailers and consumers, and
mentioning also the defeat of Argyle and Monmouth in Scotland, was sent as the first greeting from the new King after his accession.' The General Assembly at an ad- journed session filled the vacancies in the list of Assist- ants, two from Warwick having declined to serve.
As soon as Randolph had prepared the articles of mis- demeanor, according to the order of council, they were presented with the request that writs of quo warranto be forthwith issued. The articles were referred to the Attor- ney General, with an order to issue the writs against Rhode Island and Connecticut, and advising the same process upon the proprietors of East and West Jersey and Delaware .? The articles, as may be supposed, were malicious in spirit and false in fact ; but they accomplish- ed the purpose of their artful designer, who followed up his scheme with untiring zeal. The Attorney General placed the whole five writs in the hands of Randolph, who urged the Board of Trade to send them to America by a vessel about to sail. His anxiety was the greater on ac- count of the failure of a similar writ issued nine months before, against Massachusetts, which had lapsed owing to the length of the voyage, the term at which it was made returnable having passed. He therefore proposed to the Board to take them himself to America, and asked also for power to erect a temporary government in Massachusetts until a royal governor could be sent out for all New England.3 This request was in the main granted, and copies of the quo warranto were sent out soon after from the sheriff's office, with letters explaining
CHAP. XI. r 1685. June 26. 30.
July 15.
17.
Aug. 3.
18.
Oct. 6.
1 Antiq. of Conn. 167.
2 Br. S. P. O., New England, vol. iv. p. 247. New York Docs. vol. iii. p. 362. R. I. Col. Rec. iii. 175-7.
3 Br. S. P. O., New England, vol. iii. pp. 349-366. R. I. Col. Rec. iii. 177-8.
VOL. 1-31
482
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. XI. the contents.1 Two days later a President and Council were appointed to govern Massachusetts, New Hampshire, 1685. Maine and Kings Province. This commission consisted Oct. 8. 20. of seventeen persons, residents of New England, and many of them proprietors in Narraganset. Joseph Dud- ley was named as President, and Edward Randolph was made Secretary .? Judgment against Massachusetts was entered up a few days after.
28.
The General Assembly met at Providence. A peti- tion from certain inhabitants of Rhode Island was pre- sented, asking for a grant of vacant lands in Kings Prov- ince, sufficient to support a hundred and fifty families, that they might commence a new plantation. The As- sembly authorized the governor and council of Rhode Island to locate this new settlement in the Narraganset and Niantic countries, and to divide Kingstown into more than one town, or adopt any other course in regard to the difficulties there that they might deem best. A copy of
" The quo warranto cannot be found, but the original letter in which it was enclosed is preserved among the Foster MSS. vol. iv. in R. I. Hist. Soc., and is as follows : "London, October 6, 1685. Gentlemen. This day was delivered to my hand (as I am secondary to the sheriff of London), a writt of Cowarranto ishewing out of the Crowne ofice of the Court of King's bench at Westminster, against you the Govar and Company of the English colony of the Rhoade Island and the providence plantations in New Ingland in America, Requiring your appearance before his Magesty wheresoever he shall then be in Ingland, from the daye of Easter in fifteen days to answer unto our Lord the King by what warrant you claim to have and youse divers libertyes and franchieses wthin the si Colony-vizt., in the parish of Saint Michall Bassieshaw, London, of which you are impeached, and that you may not be Ignorant of any part of the con- tents of the sa writt, I have in Closed unto you a true Coppia of the s1 writt (in his Magesty's name requiring your appearance to it), and aquainting you that in defalte thereof you will be proseeded against to the outlawry, whereby the libertys and franchises you claime and now Injoye will be forfited to the King, and your Charter annulled. Of this Gents plese to take notiss, from your humble servant (unknown) RI. NORMANSELL." A similar letter to Con- necticut, dated a year later, in the print, and varying somewhat in terms, is found in Antiq. of Conn. p. 171.
2 1 M. H. C., vol. v. 244. R. I. Col. Rec. iii. 197, 200. Randolph's com- mission as secretary of the council is dated 21 Sept. 1685.
-
RANDOLPH ARRIVES AT BOSTON.
483
this act, and also of the petition, was sent to England.1 A divorce law, making five years' neglect or absence of either party a ground of separation, was passed at this time. The Narraganset proprietors published a protest against this settlement act of the Rhode Island Assembly, signed by the three agents of the company, the authors of the fa- mous handbill, of eight years before, prohibiting any persons March 22. from entering upon the land without their consent, or that of Richard Smith and Francis Brinley, who resided on 1686. the spot .? A revival of the prosecutions upon the seve- April 21. ral writs of quo warranto was moved in the royal council.
At the general election the late deputy governor, Walter Clarke, was chosen governor, and Major John Coggeshall, deputy governor. The laws relating to excise on liquors, keeping taverns, and selling arms to the In- dians, were repealed, and a committee was appointed to co- dify the laws, the former committee for that purpose never having reported. The speedy suspension of the charter rendered this committee equally inefficient. As soon as news of the arrival of Randolph, at Boston, reached Rhode Island, Gov. Clarke wrote him a friendly letter, offering his services in behalf of the King. Dudley, the new gov- ernor, or President of the Council, showed a copy of the royal commission to the General Court of Massachusetts, who took exception to its contents, and unanimously adopted a letter to him, stating their objections, which were as valid as they were impolitic. The Court also re- moved all papers, relating to their charter, from the cus- tody of their secretary, and deposited them with a special committee for safe keeping.3 The first proclamation of the new government confirmed all the existing officers of justice in the several provinces. A second proclamation
CHAP. XI. 1685-6.
May 5.
13.
15.
17.
20.
28
1 Br. S. P. O., New England, vol. iii. pp. 355 and 379. R. I. Col. Rec., iii. 183.
2 A broadside in Br. S. P. O., New England, vol. iii. p. 381.
3 M. C. R., vol. v. p. 516. 2 M. H. C., viii. 179. R. I. C. R., iii. 203.
484
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. XI. followed, establishing the royal government in Narragan- set, erecting a Court of Record there, appointing civil 1686. and military officers for the time being, and prohibiting June Connecticut or Rhode Island from further exercise of jurisdiction in that country.1 But this government was simply provisional, to continue only till the plan of con- solidating all New England under one royal governor 3. could be perfected. This was done by the appointment of Sir Edmund Andros, formerly governor of New York, to the supreme authority, by royal commission.2 Until his arrival Dudley and his council had full sway within 17 the limits of their government. They examined the pro- ceedings of the Cranfield commission in regard to Narra- ganset, confirmed the records, and adopted the same book for all subsequent entries of the acts of the proprietors. They also rebuked, the other authorities for the injustice that had so long been practised against all dissenters from the Puritan Church. The best act of the Dudley ad- ministration, and the only one for which the secretary, Randolph, deserves commendation from Rhode Island, was a letter that he wrote to Gov. Hinckley on account of a tax laid at Scituate, upon a Quaker, for the support 22. of the ministry. Randolph arrived in Rhode Island, with the fatal order of council upon the quo warranto, and there heard the complaint of this act of injustice com- mitted about three weeks before in Plymouth. The liberality of the Pilgrim colony had long since yielded to the overwhelming influence of Massachusetts, and there was now but little difference between them, either on points of doctrine or of ecclesiastical polity. Although Plymouth was not included in Dudley's government, the secretary
1 R. I. C. R., iii. 197. Richard Smith, James Pendleton, and John Foanes, were named as Justices, Richard Smith as Sergeant Major of militia, and four constables were also designated. Both proclamations are on printed broad- sides in Br. S. P. O., New England, vol. iii. pp. 375, 377.
2 His commission is printed in full in R. I. C. R., iii. 212-18.
485
NAMES OF TOWNS CHANGED ..
at once wrote to the governor, expressing regret that, while CHAP. XI. liberty of conscience had been granted in the royal com- mission to the colonies therein included, it should be re- 1686. strained in that colony without special license from the June 22. King. The letter further stated that it would be as reasonable to levy a tax on Plymouth for the support of the Church of England minister, now preaching at Bos- ton, as to make the Quakers pay to maintain the Puritan clergy. This was a home thrust that admitted of no parry except by adopting the principles of Rhode Island ; and not a little of the impotent rage displayed against Dud- ley and his successor, may be fairly ascribed to the spirit of religious intolerance.
Randolph having delivered the order of council upon the writ, and at the same time soothed, in a measure, the irritated feelings of the people by his unexpected de- fence of their favorite principle, the next day passed over to Narraganset, where Dudley and his council held a court. The commission was read, the oaths of office and of allegiance therein prescribed were administered to the justices and people, and John Foanes was made perma- nent clerk of the Court of Records. The militia were duly commissioned, and the names of the three towns in the Province were changed. Kingston, the chief town, was called Rochester, Westerly, the second in size, was named Haversham, and Greenwich, the smallest, Dedford. Their boundaries were established, the western limits of Haversham to be the Pawcatuck river, and the northern bound of Dedford to be the town of Warwick, and to in- clude within it the disputed neck of Potowomet, long claimed by the latter.1 Preemption rights were allowed
1 This gave rise to a dispute. In order to an amicable settlement, the town of Warwick on 9 July, 1686, appointed three men to meet a deputation, pro- bably the three agents of the Atherton company, at a place half way between Warwick and Boston, to discuss the matter, but instructed them to yield noth- ing over which they had a just claim by purchase from the Indians. The re-
23.
486
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. XI. 1686. June
24.
to those who, without leave of the proprietors, had settled upon the old "mortgaged lands," and time was given for them to arrange with the owners, by rent or purchase, with right of appeal to the government at Boston in the case of dissatisfaction. Two annual courts of Pleas were established, to be held at Rochester in May and October. Thirty wild, or unmarked horses were ordered to be caught and sold, the proceeds to be employed in building a prison and erecting stocks, and Daniel Vernon was ap- pointed marshal of the Province and keeper of the prison.1 The government of Kings Province was thus organized on what was believed to be a permanent basis. The western boundary was established in accordance with the early claim of Rhode Island, with which the Province was soon again to be incorporated never more to be divided.
29.
The usual June adjournment of the May session hap- pened to fall at the precise time when the summons of Randolph to assemble the freemen would have required it to meet. It was the last General Assembly that for nearly four years was to convene upon the free soil of Rhode Island. Notice had been given by Gov. Clarke for the freemen generally to attend and give their opinion upon the course to be pursued. A large number were present, and, after consultation, left the matter to the judgment of the Assembly, who wisely determined not to stand suit with the King, but to proceed by humble address to his Majesty, asking a continuance of their charter privileges. A committee was appointed for this purpose, and to pro- cure a messenger to go to England.
But, although the freemen in General Assembly thus quietly and prudently surrendered their common charter at the dictation of a despot whose will was law, they had no idea of parting with their ancient liberties beyond a
sult of this conference, which was to be held on the 13th July, cannot be as- certained. The Warwick records of this period are lost.
: Potter's Narragansct. R. I. H. C., iii. 239. R. I. Col. Rec., iii, 200-3.
487
SUSPENSION OF THE CHARTER.
certain and inevitable point. Their distinct existence as a colony was soon to be merged in a great central government. The purpose for which they had first sought a patent, to consolidate the towns so as to compel the neighboring colo- nies to respect their rights, was no longer essential under an administration that was to reduce the whole of New England to the same level in point of power. The new government would not tolerate such acts on the part of her neighbors as had led the four original towns of Rhode Island to combine under the first charter. Before that period each town was in itself sovereign, and enjoyed a full measure of civil and religious freedom. They had now only to fall back upon their primitive system of town governments to be as free under the new regime as they had been prior to the union of 1647 ; while a royal government would secure to them the same protection from their neighbors that the charters had done. For these reasons the policy of James II. was less disastrous to Rhode Island than to any other of its victims. It caused her to fall back upon a system in which she had already had experience, and which had proved chisfly de- fective in the single point that the new policy would ob- viate. The American system of town governments, which necessity had compelled Rhode Island to initiate, fifty years before, now became the means of preserving the liberty of the individual citizen when that of the State, or colony, was crushed. To provide for this was the last act of the expiring legislature. For this purpose it was declared "lawful, for the freemen of each town in this colony to meet together and appoint five, or more or fewer, days in the year for their assembling together, as the freemen of each town shall conclude to be convenient, for the managing the affairs of their respective towns ; " and that yearly, upon one of those days, town officers should be chosen as heretofore, taxes levied, and other business transacted at such meetings, as the majority should de-
CHAP. XI. 1686. June 29.
488
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. XI. June 29. termine ; and that to prevent question of the legality of the meetings the townsmen should order their clerk, or 1686. other officer, to warn the freemen to attend at a certain day and hour. The Assembly then dissolved. The clos- ing scene in the first period of Rhode Island history, under the Royal charter, was at hand. Although the arrival of Andros did not occur for some months, his commission had already issued, and as there was no change in his policy, so far as regards Rhode Island and Kings Province, from that which was adopted by Dudley in respect to Narra- ganset, his administration virtually commenced in Rhode Island with the suspension of the charter.
APPENDIX F.
ANSWER OF RHODE ISLAND TO THE INQUIRIES OF THE BOARD OF TRADE.
FROM THE ORIGINAL IN THE BRITISH STATE PAPER OFFICE, NEW ENGLAND PAPERS. B. T. VOL. III. P. 121.
Whereas wee the Governor and Councill of his Majesties Colloncy of Rhoade Island and Providence Plantations receaved from your Lordships the Right Honorable, the Lords of his Majesties most Hon- orable Privy Councill, appointed a committee for Trade and Forreign Plantations certain heads of inquiery, subscribed by the honorable secretary William Blathwayt, in obedience to your Lordships com- mands requiring an answer thereunto ; wee the Governor and Councill aforesaid accordinge to the best of our understandinge make answer as followeth, vizt.
To the first wee humbly answer that the Councells and Assemblies are stated accordinge to his Majesties appointment in his gratious let- ters Pattents, and our Courts of judicature are two in the yeare certain appointed accordinge to Charter, and are carried on by Judges and Jurors, accordinge to Law and Charter.
To the second, concerninge the court of Admiralty wee answer that wee have made provision to act accordinge to the Lawes of England
489
ANSWERS TO THE BOARD OF TRADE.
as neare as the constitution of our place will beare havinge but little occasion thereofe.
To the third wee answer that accordinge to our Charter the Legis- lative power is seated in our Generall Assemblies, and the executive power of the government is in our Courts of Trialls settled accordinge to Charter.
To the fourth wee answer that our Lawes are made accordinge to the Charter not repugnant but agreable to the Lawes of England.
To the fifth we answer, that as for Horse wee have but few, but the chief of our Militia consists of ten companys of foote, being Trayned Bands under one Generall Commander, and their arms are firelockes.
To the sixth, wee answer that in the late Indian warres wee forti- fied ourselves against the Indians as necessity required, but as for fortification against a Forreign enemie, as yet wee have had no occasion but have made as good provision as at present wee are capacitated to doe.
To the seventh wee answer, that our coast is little frequented and not at all at this time with privateers or pirates.
To the eighth wee answer, as with respect to other Nations, that the French being seated at Canada and up the Bay of Funde are a very considerable number, as wee judge about two thousand, but as for the Indians, they are generally cut off by the late warr, that were inhabitinge our Colloney.
To the 9th wee answer, that as for Forreighners and Indians, we have no commerce with, but as for our neighbouringe English, wee have and shall endeavour to keepe a good correspondency with them.
To the 10th wee answer as to the Boundaryes of our Land within our Patent that our Charter doth declare the same viz-(extracts the bounds from the charter, and adds, "the greatest part of it unculti- vated, and is about a degree as we conceave.")
To the 11th wee answer that the principal town for trade in our Colloney is the Towne of Newport, that the generality of our buildinge is of timber and generally small.
To the 12th, That wee have nine towns or divisions within our Colloney.
To the 13th, That wee have several good Harbors in the Colloney of very good depth and soundinge, navigable for any shippinge.
To the 14th, That the principall matters that are exported amongst us, is Horses and provisions, and the goods chiefly imported is a small quantity of Barbadoes goods for supply of our familyes.
To the 15th, That as for Salt Peter we know of none in this Col- loney.
To the 16th, Wee answer that wee have severall men that deale in buyinge and sellinge although they cannot properly be called Merchants,
CHAP. XI. APP. F.
490
HISTORY OF THE STATE OF RHODE ISLAND.
CHAP. XI. APP. F.
and for Planters wee conceave there are about five hundred and about five hundred men besides.
To the 17th, that we have had few or none either of English, Scots, Irish or Forreighners, onely a few blakes imported.
To the 18th, That there may be of Whites and Blakes about two hundred borne in a yeare.
To the 19th, That for marriages we have about fifty in a yeare.
To the 20th, That for burrials this seaven yeares last past accord- inge to computation amounts to foure hundred fifty and five .-
To the 21st, That as for Merchants wee have none, but the most of our Colloney live comfortably by improvinge the wildernesse.
To the 22d, That wee have no shippinge belonginge to our Colloney but only a few sloopes.
To the 23d, that the great obstruction concerninge trade is the want of Merchants and Men of considerable Estates amongst us.
To the 24th, wee answer that a fishinge trade might prove very beneficiall provided accordinge to the former artickle there were men of considerable Estates amongst us and willing to propagate it.
To the 25th, That as for goodes exported and imported, which is very little, there is no Custome imposed.
To the 26th, wee answer that those people that goe under the de- nomination of Baptists and Quakers are the most that publiquely con- gregate together, but there are others of divers persuasions and prin- ciples all which together with them injoy their liberties accordinge to his Majesties gratious Charter to them granted, wherein all people in our Colloney are to enjoy their liberty of conscience provided their liberty extend not to licentiousnesse, but as for Papists, wee know of none amongst us.
To the 27th, That we leave every Man to walke as God shall per- suade their hartes, and doe actively and passively yield obedience to the Civill Magistrate and doe not actively disturb the Civill peace and live peaceably in the Corporation as our Charter requires, and have liberty to frequent any meetings of worship for their better Instruc- tion and information, but as for beggars and vagabonds wee have none amongst us ; and as for lame and impotent persons there is a due course taken. This may further humbly informe your Lordships that our predecessors about forty years since left their native countrey and comfortable settlements there because they could not in their private opinions conform to the Lithurge, formes and ceremonies of the Church of England, and transported themselves and familyes over the Ocean seas to dwell in this remote wildernesse, that they might injoy their liberty in their opinions, which upon application to his gratious Majesty after his happy restouration did of his bountifull goodnesse graunt us a Charter full of liberty of conscience, provided that the pretence of
491
ANSWERS TO THE BOARD OF TRADE.
liberty extend not to licentiousnesse, in which said Charter there is liberty for any persons that will at their charges build Churches and maintaine such as are called Ministers without the least molestation as well as others.
CHAP. XI.
APP. F.
In the behalf and with the consent of the Councill, signed
PELEG SANDFORD, Governor.
Dated Newport on Road Island the eighth of May 1680.
492
HISTORY OF THE STATE OF RHODE ISLAND.
CHAPTER XII.
1686-1700.
FROM THE COMMENCEMENT OF THE ANDROS GOVERNMENT TO THE CLOSE OF THE SEVENTEENTH CENTURY.
THE address of Rhode Island to the King acknowledg- cd the receipt of the quo warrantos at the hand of Ran- dolph, and declared that although the period had already passed at which the writ was returnable, they would not stand suit with his Majesty. The policy of this course was obvious. Resistance could only have incensed the monarch, and prove futile in the end. The Bermudas Islands and the city of London had both stood a trial and lost their charters. A large number of corporations in England had shared the same fate. The infamous Jef- feries was then Lord Chancellor, to whom the will of the King was the only law. New England was doomed, and every consideration of principle or of policy that could ac- tuate Rhode Island moved her to this course ; the more so as James II. had proclaimed her favorite idea of free- dom of conscience. The address asked for a continuance of her privileges in this respect, and that no persons should be placed over her " that suit not the nature and constitution of your Majesty's subjects here," and further,
CHAP. XII. 1686. July 3.
493
PROCEEDINGS OF RANDOLPH.
that Newport might be made a free port.1 Another ad- CHAP. XII.
dress from certain freemen of Rhode Island was sent, to the same effect, but injudiciously taking exception to the act of the Assembly, and praying that they, the signers, may be exempt from the tax for an agent to be sent to England. This attempt at action independent from that of the As- sembly in the premises, was, to say the least, in bad taste, and its motive is sufficiently apparent at the close. It indicates the preversity of party spirit at a time when all parties should have united in view of a common danger. It is signed by fourteen persons, representing various in- terests, several of whom were among the Atherton pur- chasers.2 The two writs against Connecticut were not served by Randolph till a month later than those against Rhode Island. A special Assembly was thereupon con- vened at Hartford, who appointed an agent to carry a petition to the King. A third writ was afterward brought against them, and it was not till Sir Edmund Andros had arrived and personally appeared with an armed force before the Connecticut assembly, that the colony finally submitted ; but they concealed their char- ter in a hollow of the famous tree since known as the " Charter Oak." 3
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