USA > Rhode Island > Records of the Colony of Rhode Island and Providence Plantations, in New England. Printed by order of the General Assembly, Vol. III pt 1 > Part 13
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138
RECORDS OF THE COLONY OF RIIODE ISLAND,
[1683.
therefore, if wee could have understood your Royall Majestic's will and pleasure ; notwithstandinge wee, your Majestic's sub- jects, had before in the yeare 1678-9, given in a full relation before your Majestie in Councill, concerninge the Narragansett Country, as also then presented such writinges which were with us, beinge at that time called before your Majestie to speake to a printed paper, called an Advertisement, wherein the Hon- ored Simon Bradstreet, then Deputy Governour of your Majes- tie's Collony of the Massachusetts and others, had presumed to dispose of the landes called the King's Province. Where- upon your Royall Majestic was pleased to order your Royall letters to be sent to the respective Collonies, beareing date from Whitehall, the 12th of February, 1678-9, where- in is expressed as followes (and whereas our well-beloved sub- jects, Randall Houldon and John Greene, Deputies of the towne of Warwick, in the Collonie of Rhode Island, have certi- fyed our said Privy Councill of their certain knowledge as havinge inhabited that country for about forty years, that never any legall purchase had been made thereof from the In- dians by the Massachusetts, or any others) which answer only related to the Advertisement. For wee stood there to vindi- cate his Majestic's interest as well as his Majestie's Collony of Rhode Island and Providence Plantations' just claim by Patent in opposition to the Collony of the Massachusetts, or any oth- ers. And therefore as in duty bound, wee most humbly pros- trate ourselves before your Majestic, and humbly beg the con- tinuance of your gracious aspect on us, your most humble subjects and supplicants.
(Signed.) RANDALL IIOWLDON, JOHN GREENE.
From the towne of Warwicke, in your Majestie's Collony of
Rhode Island and Providence Plantations, in New Eng- land.
September the 17th, 1683.
(Address.) To our Dread Soveraigne, Charles the Second, King of Great Britain, Scotland, France and Ireland, &c., humbly present.
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Summons to attend the Commission to examine claims to the King's Province.
By his Majestie's Commissioners for examining and inquiring into the claims and titles to the King's Province, or Narragansett Country.
Whereas, by a Commission from his Majesty, bearing date the 7th of April, 1683, Edward Cranfield, William Stoughton, Joseph Dudley, Edward Randolph, Samuel Shrimpton, John Fitz Winthrop, Edward Palmes, Nathaniel Saltonstall, and John Pynchon, Jun'r, Esq'rs, or any three of them (whereof Edward Cranfield or Edward Randolph to be of the quorum), are appointed and authorized Commis- missioners to examine and inquire into the respective claims and titles, as well of his Majesty as of all persons or corporations whatsoever, to the immediate jurisdic- tion, government, or propriety of the soyle of a certain tract of land within his Maj- estie's dominion of New England, called the King's Province, or Narragansett Country, and to call before them any person or persons, and to search records as they shall find requisite, and their proceedings therein, with their opinions upon the matters that shall be examined by them to state, and with all convenient speed re- port thereof to make to his Majesty.
In pursuance whereof, we the Commissioners have thought fit to certifie and pub- lish to all persons and corporations concerned, that we have concluded and appoint- ed Wednesday, the 22d of August next, to convene and assemble at Mr. Richard Smith his house, in the Narragansett Country, there to hear and receive the claims, proofs, pleas and pretentions, of all persons, whatsoever, either in behalf of his Maj- estie, or any other persons or corporations. And that we do hereby summon and require all persons and corporations, that either possess, or claim any right or title to the soyle or jurisdiction of or within the King's Province, or Narragansett Country, whether upon the main, between the rivers of Providence and Pauqua- tuck, the Islands of Cannonicut, Prudence, Patience, or any other Islands, which now or formerly are or were reputed to be part of, or belonging to the Narragansett Country, either personally or by their Representatives or Agents, fully instructed and impowered to appear, and give their attendance at the time and place afore- said ; and to produce all letters, acts and orders from his Majestie his Council, or any of his Commissioners to the respective Collonies, Governors or governments, with all such Charters, Deeds, Records and evidences whatsover, that may tend to the clearing of truth herein, or authentick copies thereof.
And whereas upon information given, it is presumed that from the ancient Rec- ords of the acts of Court, &c., of grants and conveyances of land, kept at Rhode Is- land, some collections beneficial to his Majestie's interest, may be made ; the said Collony of Rhode Island and Providence Plantations, is hereby especially required to produce all such papers, registers, or books of record, as have at any time been kept from the year 1640, or authentick copies thereof, to this day. And to the end that all persons and corporations concerned, may have seasonable and full no- tice hereof, we have ordered this summons to be printed, and sundry copies thereof attested by Mr. William Wharton (with particular letters under our hands, directed to the several Governors of his Majestic's Collonies in New England), that the same may be affixed and published in all convenient places within their respective jurisdictions. By order of his Majestie's Commissioners.
Boston, August 22, 1683.
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1683.
Report of the Narragansett Commissioners.
To the King's Most Excellent Majestic.
May it please it your Majestie : Whereas your Majestic hath been graciously pleased by your Commission under your Royal signet, bearing date at Whitehal', the seventh day of April, in the five-and-thirtyeth year of your reign, to constitute Edward Cranfield, Esq'r, Lieutenant Governor and Commander-in-Chief of New Hampshire, William Stoughton, Joseph Dudley, Edward Randolph, Samuel Shrimpton, Jolin Fitz Winthrop, Edward Palmes, John Pincheon and Nathaniel Saltonstall, Esq'rs, or any three of them (whereof Edward Cranfield, or Edward Randolph should be of the quorum), Commissioners for inquiring into the respec- claims and titles as well of your Majestic as all persons and corporations whatsoever to the immediate jurisdiction and propriety of soyle to the King's Province, or Nar- ragansett Country, and to make report of the same with their opinions upon the matters that should be examined by them, that your Majestic might cause impartial justice to be done.
In humble obedience to your Majestic's command, we, your Majestic's said Com- missioners, whose names are subscribed, do humbly offer :
That upon receipt of your said Commission, we both by our letters to the several Governors and Councils of your Collonys, and by printed summons sent to them to publish if they saw cause, in their respective jurisdictions, for information of their people, signifyed the purport of your said Commission, and that we had appointed on Wednesday, the two-and-twentyeth of August to convene at the house of Mr. Richard Smith, in the Narragansett Country, to receive all such information, evi- dence, and elaim as well in your Majestie's behalf, as of all persons and corporations whatsoever, as should be offered, with other necessary intimations; and that upon the two-and-twentyeth of August we convened at the place aforesaid, where Capt'n John Allyn and Mr. John Wandsworth, two of the Magistrates of Connecticut Col- lony, as their agents ; Thomas Hinckley, Esq'r, Governor of New Plymouth, in person, and Mr. Waite Winthrop, Mr. Simon Lynde, Mr. John Saffin, Mr. Elisha Hutchinson, Mr. Richard Wharton, and Mr. Joshua Lamb, in their own behalf and as representatives for the rest that claim propriety in right of John Winthrop, Esq'r, and Major Humphry Atherton and partners, all appeared. And after very dutiful and thankful acknowledgments of your Majestic's great and gracious care, inform yourself, and by your finall determination to cause impartial justice to be done.
The agents of Connecticut and Governor of New Plymouth, in their Collony's' behalf, respectively claimed jurisdiction by Patent over the King's Province, or Narragansett Country'; and the said Winthrop, Lynde, Saffin, Hutchinson, Whar- ton, and Lamb, entered their claims and produced their evidences for the soyle of the said Provinces. Other claims were also "exhibited to several parts of the said Province; all persons any way concerned, expressing great satisfaction in, and submission to your Majestie's commands and our proceedings, except only the government of the Rhode Island and Providence Plantations, from whom, accord- ing to the information given to your Majestie's Commissioners, Anno 1664, and what was some years since suggested to your Majestic and Council by Randall Holden and John Greene, we expected farther information and evidence as to your Majestic's interest and propriety. But instead of their Collony's assistance in your
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Majestic's concerns and prosecution of their own pretensions, their Generall Assem- bly was purposely called, and as we are informed, adjourned in an unnsuall manner to a house in the Narragansett Country, distant about a mile from the place of our session ; who sent us a letter interdicting our proceedings, which not availing, they sent their Sergeant Generall in a riotous manner, with a great number of horse- men, who by loud proclamation, prohibited us from keeping Court in any part of their jurisdiction, commanding all persons within the verge of the Collony or King's Province, to depart, and not to be abettors to our pretended Court, as by their let- ter and Proclamation may more fully appear. Notwithstanding, we continued to make strict inquirys and examinations, both of the ancientest inhabitants of the Eng- lish and Indians, for two days, and receive all such claims as were presented; and in regard none appeared with any elaim or plea in your Majestic's behalfe, we ad- journed to Boston, there to meet on the 3d of September, following ; and substitut- ed a Committee to carry a letter to Rhode Island Court, intimating our adjourning and demand in your Majesties's name and for your behoof, that the said Committee might search, peruse and examine the Records. And also sent particular summons in your Majestie's name to said Greene and Howldon to appear before us the 3d of September, and to give in evidence pursuant to the information or suggestions giv- en to your Majestie in Councill, at Whitehall, which said letter was delivered to Mr. William Coddington, their Governor, and the summons to the said Greene in open Court. The answer, and reception whereof, and the methods of our proceed- ings, and of the great contempt offerd to your Majestie's Commission, by the Gen- erall Assembly of Rhode Island, we humbly referr to a narrative drawn by Mr. William Wharton, our Register, and approved by ourselves, which with this will be humbly layd at your Majestic's feet.
Upon Monday, the third of September, we again convened at Boston, and gave further opportunities for new claims ; but none from Rhode Island appeared, so that they then failing in their duty, Mr. Richard Wharton and partners exhibited a printed book, containing a Deed, bearing date the 19th of April, 1644, being the subjection of two Chief Sachems named Pessicus and Cononicus, of themselves, their people and lands to the care, protection and government of your Royall Fa- ther, of blessed memory ; and with the said book was read a breviat or memorial of the occasions and improvement of said subjection ; the said Wharton and part- ners declaring that none of them knew of any other evidence as to your Majestie's propriety or interest in the soyle, neither hath any been offered by any other hand, so that we have primarily and seriously considered the severall claims before us to the jurisdiction which we find as well by the sayd printed Deed of subjection as by former capitulations and conclusions (after conquest of the Pequods) betweene your Majestie's subjects of the United Collonys and the Sachems and Councillors in the Narragansett Country, and the purchases, possession and improvement made by your Majestie's subjects to have been absolutely vested in your Majestie, and by your Majestic's letters Patents, dated in Westminster, the three-and-twentyeth of Aprill, in the fourteenth year of your Majestie's reign, that your Majestie granted to the Governor and Company of Connecticut and their successors, all that part of your dominion in New England bounded on the East by Narragansett River, com- monly called Narragansett Bay, where the said River falleth into the sea, and on the North by the line of the Massachusetts Plantation : and on the South by the sea, and in longitude as the line of the Massachusetts running from East to West ; that is to say, from the said Narragansett Bay on the East, to the South Sea on the
142
RECORDS OF THE COLONY OF RIIODE ISLAND,
[1683.
West part thereunto adjoyning, together with all firme lands, soyles, grounds, ha- vens, ports, rivers, waters, fishings, mines, mineralls, precious stones, and all and singular other commodities, and jurisdictions whatsoever, reserving to your Majes- tie, your heirs and successors only the fifth part of the ore of gold and silver, as by the Charter may at large appear.
We have also had information, that some time after your Majestic's grant, and said Patent was sent to your Collony of Connecticut, the said country of the Narra- gansett was likewise, by Patent, granted by your Majesty to the Governor and Com- pany of Rhode Island Plantation, and is by said Charter, bounded by a river called Pawcatuck, which, by said Charter is for ever to be accounted and called the Nar- ragansett River. And this latter grant of your Majesty to Rhode Island seems to be founded upon advice submitted to you by John Winthrop, Esq'r, said to be Agent for Connectient Collony, and Mr. John Clarke, Agent for Rhode Island ; to which the Agents for Connecticut plead, that Mr. Winthrop's agency for them ceased, when he had obtained and sent the Patent to them, and that no submission or act of his could invalidate, or deprive them of any the benefits graciously granted by your Majestie's Charter ; and notwithstanding the seeming boundaries, set by said articles, signed by Mr. Winthrop and Mr. Clarke, it is in the same articles provided, that the proprietors and inhabitants of the Narragansett country shall choose to which of the two governments to belong, and that they unanimously chose and subjected to the government of Connecticut, under which that Plantation began to prosper till the year 1664, when some of your Majestie's Commissioners (which its alledged without Coll. Nicholls, then absent, could make no valid act) in favor to the Rhode Islanders published some inadvertent orders since by Collonell Nicholls and them- selves reversed. However, by the said orders, and the pretensions that the Rhode Islanders by virtue of their Patent make, we find they have much molested and dis- couraged the said settlement of said country, and occasioned continuall controver- syes between the said Collonys.
Pursuant therefore to your Majestic's gracious ends to quiet those disputes, we have carefully endeavored to obtain certain knowledge of the bounds of your Maj- estie's Province of the Narragansett Country ; and upon the best evidence offered and examination of sundry ancient persons, both of the English and the Indians, it appears that a brook called Weccampaug, is near the sea the westerly bounds of the Narrangansett Country ; all the laud which is in breadth about four or five miles, lying between the said brook and Pauquatuck, being the Pequod country, and by conquest taken from them and disposed to severall persons within which limits lye. Sundry farmers belonging by ancient grant to Harvard College, to Mr. Symon Lynde and other persons, whose titles being asserted have been acknow- ledged by all others' pretending propriety ; and that the Narragansett Bay or River where it falls into the sea bounds of the Narragansett Country easterly, and by a testi- money given by Governor Winslow in his life time upon another occasion, and also by information of sundry old and principal Indians, it appears that Patucket River lying between Rehoboth and Providence, was the intended boundary, and river be- tween Plymouth Collony and Providence Plantation, which in Plymouth Patent is called Narragansett River. This Patucket River falling into the greater Narragan. sett River or Bay that bounds Narragansett, so that between the sayd river of Pa- tucket, Quenebaug and Nipmuck Country, to the northward, and Weccampaug brook westerly, lyes the whole dominion and territorys containing the Cohesit and Niantick Country, formerly and lately belonging to the Narragansett Sachems, and
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generally called the Narragansett Country. As to the claim made by the Collony of' Plymouth to jurisdiction and soyle, we find it hath only foundation from the name given to Pawquatuek of the Narragansett River, and if anciently and truly so called, then Plymouth Charter if confirmed by your Majestic, being granted by the Councill of Plymouth, and bears date the 13th of January, in the fifth year of the reign of your Royall father, will determine the controversie between Rhode Is_ land and Connecticut, and comprehend the whole Narragansett and part of the Pe- quod country ; the lands granted to Plymouth being bounded southerly by the Nar- ragansett River. But with humble submission, we cannot see any cause to judge that the said Pauquatuck River anciently was or ought to be called or accounted the Narragansett River.
1. Because it lyes some miles within the Pequod boundary, a nation, till extir- pated by the English, often or always at war with the Narragansetts, and to which territorys the Narragansetts never pretended.
2dl. Because Pauquatuck River falls into the sea, many miles to the westward of the Narragansett Bay, we are of opinion that the Narragansett Bay is the River anciently called Narragansett River; both because it on the eastward washes and bounds the whole length of the Narragansett country; and for that Plymouth Col- lony (which hath now been planted near threescore years, ) have ever since bounded themselves according to the term and limitation of their Patent by the same Bay called Narragansett River, towards the south, into which the freshes of said River emptys itself in a precipice.
Thus having humbly represented our opinions respecting the bounds and juris- dietion, with all humility, we report our opinions as to the propriety of soyl.
Ist. We find by one Deed, dated the 11th of June, 1659, Coginaquand, chief Sachem and proprietor of the Narragansett country, did give, grant and convey, to John Winthrop, Esq'r, and Major Humphrey Atherton and partners, their heirs and assigns, one large tract of land, now called the Norward Tract; and the said Cogninaquand by another Deed, dated the 4th of July, 1659, did in like manner convey to the said John Winthrop, Major Atherton and partners, another large parcell of land, now called the Southward Tract, or Namcocke. And we find by other Deeds from the other Sachems, the sayd conveyances ratified, and sundry receipts and acknowledgments of full satisfaction to all persons any way's con- cerned.
We also find, that by a Deed bearing date the 13th of October, 1660, Suquensh, Ninigret, Scuttup and Quequakanewsett, Narragansett Sachems, for valuable con- sideration, mortgaged to Major Atherton and partners, the remaining part of the whole Narragansett country, containing the Cohesitt and Niantick countrys ; and find that as part of the consideration, seven hundred and thirty-five fathom of peagne was paid November the 16th, 1660 ; and sundry oiher payments made and gratuitys given to full satisfaction, as by sundry receipts and acknowledgments doth appear; the Commissioners of all your Majestic's Collonys approving these trans- actions. And we also find by the testimonys of John Button, William Cotten, John Rhodes, and Ambrose Leech, sworne before John Endicott, Esq'r, Governor of the Massachusetts, the 22d of September, 1662, and recorded at Hartford, that Seuttup and Ninigret, with sundry other Sachems, Councillors and Indians, to the number of two or three hundred, being assembled at a place called Petaquamscott, the sail Senttup in presence of sayd Indians, and many English also assembled, did, in behalf of himself, brother and friends, deliver possession by turf and twig, to
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1683.
Capt'n Edward Hutchinson, Capt'n William Hudson, and Mr. Richard Smith, Jun'r, in behalf of themselves and partners, declaring the lands to be then already sold by Deed by themselves and the rest of the Saggamores, to Major Atherton and partners.
We also find that the said Major Atherton, Capt'ns Hutchinson, Hudson and partner, with great expense and industry, applyed themselves to the settlement and improvement of said country ; many considerable farmes being laid out, houses and edifices erected, and two townships also laid out, and methods for improvements and tenures agreed upon the one town named Wickford, and the other Newbury.
Also it appears that the said purchasers did request and instruct John Winthrop, Esq'r, to supplicate your Majestic to add the said Narragansett country to the ter- rytories and jurisdiction of Connecticut, which your Majestie graciously granted, and was farther graciously pleased by your Royall letters, dated the one-and- twentyeth of June, 1663, directed to the Governor and Assistants of the severall Collonys to approve and encourage the purchasers' designs ; and as your Majestie pleased then to call them laudable endeavors to settle and plant a Collony to the enlargement of your empire, and to recommend the said purchasers and proprietors to the neighborly kindness and protection of said Collonys, willing them upon all occasions to be assisting to them against the unjust oppression and molestation of those of Rhode Island, with other expressions of your Royall grace and favor to the said purchasers. Upon which titles and encouragments the claimants offer probable computation and arguments that their predecessors, themselves and per- sons concerned with them, have expended for purchasing and settling the said country at least twenty thousand pounds; and that had not the ill effects of the orders made by some of your Majestic's Commissioners that came over in the year 1664, and the great molestations and pretensions of the Rhode Islanders, ob- structed the settlement, the country had by the planting the said two towns and other improvements, been so populous that great part, if not all the miseries of the late Indian war had been prevented.
Some other claims have been made by Mr. James Noyes and others of some other tracts of lands lying in the Niantick country as derived from Harman Garrett and his son, pretended Indian Sachems, who personally appeared before us; but upon ex- amination, we find the said Harman Garrett or his son had not any right or power to dispose of any of the lands, the same having been beyond the memory of man pos- sessed by Ninigret, the other Indians acknowledging the same.
Other claims also were exhibited to sundry other tracts within the Narragansett country, but the titles being either derived from or depending upon Mr. Winthrop and Major Atherton's purchase, we humbly conceive more proper for a Court of Judicature.
Thus after most strict and impartial inquiry and examination, having stated, we most humbly lay bofore your Majestic the severall originall claims and pretensions offered to us with respect to the propriety, both of jurisdiction and soyl in your Majestie's Province, or Narragansett. And in farther obedience to your said Con- mission, have seriously weighed and considered all evidences, pleas, proofs, and alle- gations, and added our own observations of the course of the Narragansett River or Bay, and situation of the country so far as we have travelled therein, and with most humble submission and reservation of your Majestic's right, so far as it may appearc to your Majestic, offer our opinions, that by virtue of your letters l'atents granted
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to Connecticut, jurisdiction in and through said Province, or Narragansett country, of righit belongs to the said Collony of Connecticut ; and that propriety of soyl as de- rived from Mr. Winthrop and Major Atherton, is vested in the heirs and assigns of said Winthrop, the heirs of Thomas Chiffinch, Esq'r, Major Atherton, Mr. Richard Smith, Mr. Symon Lynde, Mr. Elisha Hutchinson, Mr. Jolin Saflin, Mr. Richard Wharton, and partners, and such as derive from them ; noe considerable opposition being by any corporation or person given before us to the claim and title ; the same being granted by the sayd Agents of Connecticut. Notwithstanding we do not conceive that their purchases do any ways entitle them to any part of the Pequod country lying between Wecopaug and Pauquatuck River, nor that the former law- ful purchases and possessions of the inhabitants of Providence and Warwick ought to be prejudiced thereby.
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