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 14
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And finally, we hold it our duty humbly to inform your Majestie that so long as the pretensions of the Rhode Islanders to the government of sayd Province con- tinue, it will much discourage the settlement and improvement thereof; it being very improbable that either the aforenamed claimants or others of like reputation and condition, will either remove their familys or expend their estates under so loose and weak a government.
And to the end that your Majestie may at all times have more particular satisfac- tion, and the persons concerned opportunity upon occasion farther to assert and prove their interest without hazarding their originall evidences upon the sea, we have caused an oath to be administered to our said Register, under his hand, to at- test all such Deeds and papers as have been received by us, and to coppy and truly examine the same, and in like manner to attest to such coppys, and afterwards to return the originalls and copy upon demand, to the persons that produced the same.
In obedience to your Majestie's gracious commission and commands, we with all humility offer this our report, which we cause to he duplicated, craving your Majes- tie's gracious acceptance of our dutifull endeavors to approve ourselves,
[Boston, October 20, 1683.]
Your most loyall and obedient subjects. EDWARD CRANFIELD, WILLIAM STOUGHTON, SAMUEL SHRIMPTON, JOHN PYNCHON, Jun'r, NATI: SALTONSTALL.
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As a farther addition to our report, we humbly offer, that since the close of your Majestie's Commission, Mr. Edward Randolph arriving and signifying his power in behalf of his Grace the Duke of Hamilton, to make claim to the King's Province, or Narragansett Country, we have again convened and summoned so many of the proprietors as could in so short a time assemble, and in their presence and hearing have read a coppy of the Duke's Deed, and heard Mr. Randolph's pleas and im- provements thereon, and find it takes in some part of the said Province, or Narra- gansett Country ; and have also received the answer and defence of said proprie- tors, which we herewith humbly transinit and submit to your Majestie's considera- tion ; and have also ordered copies of the Duke's Deeds and proprietors' pleas, to be sent to the Collony of Connecticut, to the end they may have opportunity by the first conveyance to make their answer and defence before your Majestic.
EDWARD CRANFIELD, WILLIAM STOUGHTON, JOSEPH DUDLEY.
VOL. III.
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1683.
Letter from Etbrard Cranfield, Lieutenant Governor of New Hlumpshire, giving an account of Proceedings upon the Narra- gansett Commission.
New Hampshire, the 19th of October, 1683.
May it please your Lonlships : Since Mr. Randolph's brother's departure from these parts, I have had nothing of moment, till now, to communicate to your Lord- ships, having spent all my time at Narragansett, and the neighbouring Collonies, the better to enable me to report to your Lordships the distinet interests and claimes to that Province. I shall presume only to give you some short account of, in which I shall not be tedious to your Lordships, since a report at large will be presented to your Lordships from those persons appointed for that service.
On the 22d of August, wee convened at the house of Mr. Richard Smith, in the said Province, having some time before sent letters to the severall governments and jurisdictions, and published printed papers, that all persons concerned, might have notice ; accordingly all appeared, except the Rhode Islanders, who the same day of our Convention, did assemble their Generall Court, and sent one Capt'n Greene with a letter from them to prohibit our proceedings. Nevertheless, wce proceeded upon the execution of his Majestie's Commission. Myselfe and the rest of the gentlemen, desired him to heare his Majestie's Commission read, and then he would kuow by what authority wee met there, which he refused either to hear or take a copy of; and no sooner returned to the Court, but a Marshall was sent to proclaim us an illegall Assembly, and showed so much undntifullness and disrespect to his Royall Commission, that had wee not borne it with moderation, it might have occa- sioned great mischief. They are a people utterly incapable of managing a govern- ment. These inclosed will sufficiently evidence their injustice and male admin- istration. The Agents that they formerly empowered, were Capt'n Howldon and Greene, where, in a petition to his Majestic, they set forth, that the occasion of their troubles befell them, because of the consonancy of their judgments to the Church of England ; who are well knowne to be farr from it. As to the purchase they made of the Indian Kings for all the land of Rhode Island and Providence, and thereabouts, was only during the life of William Coddington and his friends; there being but two living now, that can be called his friends. the purchase being not made in the name of the government and their successors, must necessarily devolve upon his Majestie. When the King's Commissioners in the yeare 1664, sat at Narragansett, it was then tearmed the King's Province, and wrested all the lands out of the governments of the neighbouring Collonies, notwithstanding without Coll. Nicholls his being there, without whom there could not be a quorum ; so conse- quently the aet was invalid. Nor did Sir Robert Carr, Mr. Maverick and Coll. Cart- wright make any determination, only appointing two justices of the peace, inhabit- ants of Rhode Island to be Conservators of the same, till his Majestie's pleasure was further knowne therein. I presume to recommend to your Lordships the petition of' Thomas Partridge, a poor and helpless man ; they keep him from his father's possessions. There is Christopher Almy, and severall others, that will address to your Lordships for relief; for their Records and laws are so kept, that none can know them, nor come to see them, without much expence of money and time ; and when seen, are hard to be well understood.
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When Mr. Randolph came first into these parts to be Collector, &e., he brought with him a commission from his Majestic, empowering himself and severall others, with the Magistrates of Rhode Island, or any five of them, to administer an oath to the new elected Governors yearly, to observe the acts of Trade and Navigation. Mr. Randolph was present when the Governor first took the said oath, and left the commission with one Mr. Brindley, who yearly presented it in Court and required observance thereof; which was performed till the Election in May, 1682, and then the Governor (one Major Peleg Sanford, who now comes over Agent with Capt'n Arthur Fenner) refused to do it before Mr. Brindley, but desired him to withdraw, and afterwards took it ; but would never deliver the Commission again. And as I am informed, their Assembly to whom it was not directed, have passed an act for the keeping it according to their minds. Their laws are so repugnant to the laws of England, so confusedly kept, and not publick, that it is very hard to come to see them. The laws of England are denied to the inhabitants, saying, they have laws of their own making. Neither are they under any obligation or oath, for they will not admit their Deputies to take an oath before they sit in Court to consult and act in the affairs of the Corporation. Much more might have been said to your Lord- ships of the corrupt and unjust proceedings of that government ; and those persons that come over are declared enemies to the interest of his Majestic and Royall Highness, and carried themselves as disrespectfull to his Majestie's Commissioners. And to speak impartially, the other Collonies have not in their actions given any demonstrations of the contrary, and never will be otherwise till their Charters are broke, and the College at Cambridge utterly extirpated. For from thence those half-witted philosophers turne either Atheists or seditious preachers. So begging pardon of your Lordships for my tediousness,
I subscribe myself in all duty, my Lords,
Your Lordships' most humble and obedient servant,
(Signed.) EDWARD CRANFIELD. (Addressed.) For the Right Honorable the Lords of the Committee for Trade and Foreigne Plantations in Whitehall.
(Indorsed.) New Hampshire, 19th Oclober, 1683. From Mr. Cranfield to the Committee.
Commission for examining claimes to the Narragansett Province, executed.
Letter from the Governor of Rhode Island to Charles the 2d, touch- ing proceedings upon the Narragansett Commission.
Dread Sovereigne : Wee, your Majestic's subjects, of your Majestie's Collony of Rhode Island and Providence Planta- tions, most humbly prostrate our selves at your Majestie's feet, presenting our addresse to your most excellent Majestic, de- clareing that formerly wee readily received your Majestic's most Honourable Commissioners, Collonell Richard Nicholls, Robert Carr, Knight, Collonell George Cartwright and Samuell Maverick, Esq'rs, which Honoured gentlemen, although com-
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RECORDS OF THE COLONY OF RHODE ISLAND
[1683.
missionated by your Majestic, yet notwithstanding they brought us your Majestic's Royall Letters, to acquaint us therewith, were so courteous as to present your commission under the broad seale to our view, before they acted in any thing in this your Majestic's jurisdiction. Whereupon wee re- ceived your Royall letters from your Court at Whitehall, bearing date the 23d of Aprill, 1664, and in the sixteenth ycare of your Majestie's reigne; the other bearing date the 10th of Aprill, 1666, and in the eighteenth yeare of your Maj- estie's reigne, manifesting how well you were pleased there- with ; with such gracious expressions, that would melt the heart of your subjects, so to prostrate themselves and all their concernes at your Majestic's feet. It was our carnest desire that we might have been as well capacitated to have received the Honoured Edward Cranfield, Esq'r, Lieutenant Governour and Commander-in-Chief of your Majestic's Province of New Hampshire, and his associates, said to be commissionated from your Majestic, to inquire into the titles and claimes as well of your Majestic as others in your Province. Provided, they would have produced your Majestic's commission to our view, being demanded as the aforesaid Commissioners, Collo- nell Nicholls and associates did without demand. Notwith- standing these brought not your Majestie's Royall Letters for confirmation thereof, that so wee upon perusall thereof, might as wee had provided ourselves, been enabled to answer your Majestic's will and pleasure therein, and for the end and pur- pose transported the duplicate of our Patent, together with severall of your Majestie's Royall Letters and all other records of greate concerne from Rhode Island to the towne of Warwick, neere unto the King's Province, where our Generall Court was conveaned, and for the better effecting of the matter, the Court adjourned to Capt'n John Fones his house, at Narragansett, neare where the aforesaid gentlemen appointed to meete, but your Majestic's authority heere, after all endeavours, not ob- taining a sight of their commission, could do no less but pro- hibit the said Commissioners in your Majestic's name for making any further proceeding; and have herein enclosed, sent your
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Majestic a copy of the pretended summons, as also our letter desiring them to show us their commission, together with a copy of our Prohibition and Remonstrance ; and intend with all convenient speed, to make our further application to your gracious Majestie, and to give as full information concerning the state of matter that concerns your Majestic's interest, and your subjects' peace and safety in this said Collony, as we are able.
So we take leave, humbly desiring the God of heaven to give your Majestie a long and prosperous reigne, and remaine Your humble subjects and supplicants,
(Signed.) WILLIAM CODDINGTON, Gov'T. By order of the Generall Assembly.
Newport, on Rhode Island, October the 19th, 1683.
(Address.) To our Dread Sovereigne, Charles the Second,
King of Great Britain, Scotland, France and Ireland, &c., humbly present .**
Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 6th of May, 1684.
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Mr. William Coddington, Governor.
Mr. Walter Clarke, Deputy Governor.
ASSISTANTS. Mr. John Easton, Mr. Caleb Carr,
Mr. John Coggeshall, Capt'n Arthur Fenner, T
* J. Carter Brown's Mss., Vol. IV. Nos. 177-80, 183, 185.
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RECORDS OF TIIE COLONY OF RHODE ISLAND, [1684.
ASSISTANTS.
Mr. Joseph Jencks, Mr. Richard Arnold, Major John Albro,
Mr. George Lawton, Capt'n John Greene. Mr. Benjamin Barton.
DEPUTIES.
For Newport.
Mr. James Barker, Sen'r,
Mr. Edward Thurston, Sen'r,
Mr. Thomas Ward,
Mr. Walter Rubary,
Mr. Phillip Smith, Mr. John Woodman. For Providence. Mr. Stephen Arnold,
Mr. John Whipple, Jun'r,
Mr. Henry Brown,
Mr. Epenetus Olney. For Portsmouth. Mr. William Wodell,
Mr. Francis Brayton,
Mr. Caleb Arnold,
Mr. Robert Dennis.
For Warwick. Mr. Benjamin Smith, Mr. Thomas Greene.
Mr. Samuel Gorton, Mr. Moses Lippitt. For Westerly. Mr. Jeffrey Champlin, Mr. John Badcocke, For New Shoreham. Mr. John Rathbone. For Kings Towne.
For East Greenwich. Mr. George Vanghan, Mr. Thomas Fryc. For James Towne. Mr. Ebenezer Slocum. Mr. Caleb Carr, Jun'r.
Mr. Walter Clarke, Deputy Governor, chosen Moderator. John Sanford, Recorder, chosen Clerke.
Voted, Jonathan Holmes, Edward Pelham, William Brenton, John Rodman, John Harding, Andrew Willitt, Ralph Chapman, John Tillinghast, John Headly, Samuell Stapleton, Daniell Gould, Jun'r, John Godfrey, Samuell Cranston, and Charles Crosthwaite, all of the towne of Newport, are admitted freemen of this Collony.
Voted, Robert Lawton, Thomas Hassard, Joseph Sheffield, William Correy, Richard Cadman, Jacob Mott, Jun'r, William Browninge and Stephen Manchester, all of Portsmouth, are ad- mitted freemen of this Collony.
Voted, This Assembly is dissolved.
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At the General Assembly and Election held at Newport, the 7th of Muy, 168-4.
The Assembly consisted of the above-written Governor, Dep- uty Governor, Assistants and Deputys.
The Deputy Governor chosen Moderator.
The Recorder chosen Clerke.
The Charter openly read.
Voted, The Recorder shall write the names of all those that bring in their votes for Governor.
Voted, That Mr. Thomas Ward and Lieut. Francis Brayton, shall receive the votes from each man's hand, and see that noe deceipt be used, and put the votes into the hat.
Voted, Major John Coggeshall and Major John Greene are to open the proxies, and as the Election proceeds, put the votes into the hat.
Voted, That the Election procced.
By the Election was chosen the following, who were sever- ally engaged.
GOVERNOR.
Mr. William Coddington,
DEPUTY GOVERNOR. Mr. Walter Clarke. ASSISTANTS.
Mr. John Easton,
Mr. Caleb Carr,
Mr. John Coggeshall,
Capt'n Arthur Fenner, Mr. Joseph Jencks, Mr. Richard Arnold, Major John Albro, Mr. George Lawton, Major John Greene, Mr. Thomas Greene.
RECORDER.
John Sanford.
GENERAL SERGEANT.
Mr. Edmund Calverly. GENERAL TREASURER.
Mr. Weston Clarke.
GENERAL ATTORNEY.
Mr. John Pococke. GENERAL SOLICITOR.
Mr. John Pococke. MAJOR FOR THE ISLAND.
Mr. John Coggeshall.
MAJOR FOR THE MAINE. Major John Greene.
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RECORDS OF THE COLONY OF RHODE ISLAND, [1684.
Voted, This Assembly is adjourned till to-morrow morninge, eight of the clock, or second ring of the bell; then to meet and sit at the now dwelling house of John Davis, in the room that usually the Court useth.
May the Sth.
The Assembly called and sat.
Voted, By reason of our Honoured Governour's illness, this Assembly adjourned to sit in the Governour's house, in order to his engagement to the place and office of Governour for the yeare ensueing.
The Assembly called and sat at the Governor's house.
The Governor engaged, and also took the oath, according to the act, for Trade and Navigation.
The Assembly adjourned to meet and sit again, at the house of John Davis.
May the 10th.
At the house of John Davis, the Assembly called and sat.
Voted, Mr. Caleb Arnold, by the Election, chosen an Assist- ant, and in this Assembly declared that he would not engage unto the office ; therefore, the Assembly agree and order, to proceed to the election of another in his roome, or stead.
Mr. William Wodell chosen Assistant, who positively de- nying to engage, the Assembly doe order to proceed to the election of another in his roome, or stead.
Mr. George Lawton chosen Assistant and engaged.
Voted, Whereas the free inhabitants of Rhode Island, the tourne of Providence, and Warwick, and sundry other places aljacent to the Narragansett Bay, in New England, in America, did request and appoint and employ their well-beloved friend, John Clarke, late of Newport, on Rhode Island, aforesaid, de- roased. in his life time to be their Agent in the Kingdom of England, to make supplication on their behalfe, to his Most Ex- cellent Majesty, Charles the Second, King of England, Scot- land, France, and Ireland, and the dominions thereunto belong- ing, &c., that his Majesty would be pleased to grant the said
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free inhabitants his Letters Pattents, of Incorporation, which he, the said John Clarke, in the Kingdom of England did of his Majesty claime on their behalfe, dated Westminster, the 8th of July, in the fifteenth yeare of his Majesty's reigne, in and by which said Letters Pattents, his Majesty was graciously pleased to grant unto the said freemen that they should forever be a body politick and corporate in fact and name, by the name of the Governor and Company of the English Collony of Rhode Island and Providence Plantations, in New England, in Ameri- ca. And to grant unto the said Governor and Company, and their successors, &c., all that part of his dominions in New England, in America, containinge the Nihantick and Nanhi- gansett, alias Narragansett Bay and countrys and parts adja- cent, bounded (as mentioned in our Charter), and in perticku- lar the lands belonging to the towne of Providence, Pawtuxett, Warwick, Misquamacuck, alias Pauquatuck, and the rest of the main lands, contained in said grant ; with Rhode Island, Block Island, and the rest of the Islands, &c. : to have and to hold the same unto the said Governor and Company, and their success- ors forever, upon trust, for the use of themselves, and their as- sociates, freemen of the said Collony, their heires and assignes, as doth more at large appear by the said Letters Pattents. And whereas, in the beginning of this Plantation, and improve- ment of the lands within this Corporation, when the lands were of small value, being unimproved ; and also for want of seribes that were skilful in making conveyances, according to the for- malities in use : by reason whereof, great trouble and damage may ensue to the rightful owners of such lands, who have been at great charge to improve them. And upon the serious con- sideration of the premises, this Assembly have thought meet to confirm the lands in this Corporation to the first freemen of the said towns, their associates and derivatives, and their heires, and assignes, for ever, in the same state and tenure as granted to us.
Be it further enacted, and it is ordered and enacted by this Assembly and the authority thereof, that all and singular the lands of Rhode Island, with other lands according to custom,
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1684.
shall be and remain for ever in two townships, already known by the names of Newport and Portsmouth ; and that the last line agreed upon between the freemen of each of the said towns, shall be the dividing line between the said townships on Rhode Island.
And also be it further ordered and enacted, by the authority aforesaid, That all and singular the lands that have already been granted by the freemen of both or either of the said towns of Newport and Portsmouth, within the precincts of the said townships, to all and every person or persons, or either of them, shall be deemed and taken to be firm. good and sufii- cient, to and for the said grantees and every of them, their and every of their heirs and assigns, to make or cause the said lands by the said freemen, to them and every of them granted, to be a good and clear estate of inheritance in fee simple for ever, in free and common soccage, according to the said Letters Pattents to us granted.
And also be it further ordered and enacted by the authority aforesaid, That all and singular the lands now possessed and occupied by the said grantees, their heires or assigns, or any other person or persons, now in fence within the precincts of the said townships of Newport and Portsmouth, or either of them, shall be and remain unto the present proprietors, and their heirs and assigns, for ever. Notwithstanding there may be more or less lands therein contained than by grant or grants may appear; except highways and such lands as have in a publick manner been claimed and contended for by the said freemen, shall from henceforth be deemed and taken to be the true and lawfull property in fee simple of the said persons and their heirs and assigns for ever, soe inclosing and possessing the same, either by themselves or their assignes. And that from hence forward, the said freemen or their successors, con- sidered as a body or company, shall have no right, claim or cause of action in or unto the said lands, or hereditaments in- closed as aforesaid. Reserving, notwithstanding any thing herein expressed, to all and every pertickular person or per- sons their respective, lawful pertickular claims.
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And also be it further ordered and enacted by the authority aforesaid, That all and singular the lands lying and being un- divided or common within the precincts of each of the said townships, shall be deemed and taken to be the property of every freeman of the said town, as such and their successors, freemen of the said towne, for the time being. And that the freemen of the said town of Newport, have also liberty in their publiek town meetings to grant and dispose of the said undi- vided lands, according to their usuall custom.
Voted, Upon the petition of Thomas Gould, of Kings Town, to this Assembly, it is ordered, that the said Thomas Gould complying with the sentence of the Generall Court of Tryalls, held in Newport, in March last, the said Thomas Gould hath his liberty to return to his habitation at Kings Town, in the Narragansett, he behaving himself civilly, according to his bonds.
Voted, The Assembly, on serious consideration, see cause to adjourn until the last Tuesday in June next, which will be the 24th day of said month, then to assemble again at the now dwelling house of John Davis, in Newport ; but yet if any ur- gent occasion present, then by vertue of the Governor's warrant, or in his absence, or by his permission, the Deputy Govern- or's warrant, to assemble sooner.
Tuesday, June 24th.
According to the aforesaid adjournment, the Assembly met.
Voted, Whereas our Honored Governor hath presented to this Assembly a gracious letter from his sacred Majesty, with a letter from the Right Honourable Sir Leoline Jenkins, one of his Majesty's Principal Secretarys, with a Proclamation by his Majesty's special command, for the suppressing Privateers, and Pirates, this Assembly in all due obedience to his Majesty's Royall commands, and therein to prove themselves liege sub- jects, doe order and determine, that the said Proclamation be forthwith published in the town of Newport, by beat of drum ; and the Recorder is appointed to read the said Proclamation at three of the most publick places in said Newport.
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1684.
Voted, By virtue of his Majesty's gracious letters to this Collony, from his Court at Newmarket, bearing date the Sth of March, 1683-4, with directions for the establishing a law for the suppressing of Privateers and Pirates, this Assembly in due obedience to his Majesty, and the preserving of the peace of his loyal subjects, doe enact this following, namely :
An act for the restraining and punishing Privateers and Pirates.
Whereas, nothing can more contribute to his sacred Majes- ty's honour, than that such articles as are concluded and agreed upon in all treaties of peace, should by all his Majesty's sub- jects according to their duty, be most inviolably preserved and kept, in and over all his Majesty's dominions and teritories. And whereas not only against such treaties of peace made by his Majesty with his allies, but also contrary to his Majesty's Royal Proclamations severall of his subjects have and do con- tinually go off from this Collony unto foreign Princes' services, and sail under their commissions contrary to their duty and good allegiance, and by fair means cannot be restrained from so doing.
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