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 16
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Your affectionate friends and servants.
Signed by order of the Generall Assembly, aforesaid. JOIIN SANFORD, Recorder.
Voted, The elected Governor, William Coddington, appear- ing in Court, and positively denying to give the engagement to the office he was elected unto, therefore this Assembly agree and order to proceed to the election of another in his room and stead.
Mr. Henry Bull, chosen Governor, engaged; and also en- gaged to the acts for the encouraging of Trade and Navi- gation.
Voted, Whereas Mr. Weston Clarke, by the free vote chosen to the place and office of Generall Attorney, hath positively re- fused to engage, this Assembly agree and order to the election of another in his room and stead.
Mr. John Pococke chosen Generall Attorney, engaged.
Voted, Capt'n Arthur Fenner, Mr. Joseph Jeneks, Assistants ; Mr. John Coggeshall, Mr. Ebenezer Slocum, Deputys ; the Gen'll
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RECORDS OF THE COLONY OF RHODE ISLAND,
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Sergeant, and also the Town Sergeant of Newport, with the Re- corder, are by this Assembly appointed and ordered to go to our late Honored Governor, William Coddington, Esq'r, and from him receive the Charter and all other papers and things in his hands, belonging to this Collony ; and on behalf of this Assem- bly to give our said late Honored Governor a full discharge for what they receive, and they are to return the premises unto this Assembly.
Voted, The Committee appointed to go to our late Honored Governor, William Coddington, for the Charter and such other parchments and papers, &c., belonging to this Collony, which they having received, have returned the same to this Assem- bly, and are discharged thereof; and they are committed to the keeping of the present Governor.
And ordered, That a copy of their receipt be kept on record in this Assembly's acts.
Voted, Major John Coggeshall, Mr. Richard Arnold, Mr. John Rodman, and the Recorder, are chosen a Committee to draw up our humble address unto his Majesty, our Sovereign Lord, James the Second, King of England, Scotland, France, and Ireland, &c., and present what they draw up to this Assem- bly for their approbation.
Letter to King James 2d.
To the King's Most Excellent Majesty, James the Second.
We, your Majesty's loyall subjects, the Governor and Gener- all Assembly of your Collony of Rhode Island and Providence Plantations, in New England, in America, do think it our duty to signify our hearty obedience and joy of your peaceable sue- cession to the Crown of England; and to assure your Majesty that in your enjoyment of the Crown of your ancestors, and the government of this Collony, we are your faithful and obedi- ent subjects ; and do in all humble manner beg and implore your Majesty's favor to be continued as in the time of our late Sovereign Charles the Second, of blessed memory, with your
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princely protection. And we do humbly besecch your Majesty to accept hereof, and of our hearty prayers to Almighty God for your Majesty's long life and prosperous reign.
By order of the Generall Assembly and Elec- tion, held at Newport, the 6th day of May, 1685, in the first year of the reign of his Majesty, King James the Second.
JOIIN SANFORD, Recorder.
Voted, The Assembly do order the Recorder to write to Mr. Samuel Gorton, and Mr. Benjamin Barton, of Warwick, chosen Assistants, to appear before the Governor or Deputy Governor, to give their engagment to the office elected unto, or send their respective answer.
Voted, This Assembly is adjourned untill Tuesday, the last day of June next ensuing, and then to Assemble again at the house of John Davis, in Newport ; only if there be real occa- sion, then by warrant from the Governor, or by his leave, the Deputy Governor, the Assembly to convene sooner.
June 30th, 1685.
According to the aforesaid adjournment, the Assembly met and sat.
Voted, Whereas this Assembly, in order to the filling up of the Election, of Generall Officers, in especial Assistants in the town of Warwick, adjourned, and now having received some lines from Mr. Samuel Gorton, refusing the place of Assistant, that by the Election he was chosen, and being informed by the Deputy Governor, that Mr. Benjamin Barton, chosen Assistant, doth also refuse ; therefore the Assembly do agree and order the election of two Assistants in the room and stead of those refusing.
Major John Greene, chosen Assistant, engaged.
Mr. John Potter, chosen Assistant, engaged.
Voted, That the Recorder, on the behalf of this Assembly, with all speed do write to Major John Greene, and Mr. John Potter, chosen Assistants, desiring and requiring them to appear before
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the Governor, or in his absence, the Deputy Governor, to give their en-gagement to the office they are elected unto.
Voted, This Assembly is adjourned untill Tuesday, the 28th day of the next month, July, and then to assemble again at the house of John Davis, in Newport; only, if in the mean time there do appear occasion, then by warrant from the Governor, or in his absence, or by his leave, the Deputy Governor, the Assembly to convene sooner.
July 28th.
According to the aforesaid adjournment, the Assembly met and sat.
Voted, The petitions presented to this Assembly are re- ferred to the Assembly in October, next, at Providence.
Voted, The Recorder shall have from each town in this Col- lony, the sum of five shillings, in or as money, for copys of these Assemblys' acts, under the seal of the Collony.
Voted, This Assembly is dissolved.
Protest of E. IIutchinson and others touching the King's Province, March 22, 1685.
To all persons and people, to whom these presents shall come. Be it known and manifest, that whereas the Chief Sachems and people, being the true and natural proprietors of all the land lying within the Narragansett, Niantick and Coheset countries, have long since by good and legal deeds and grants, by and with the con- sent and approbation of the Commissioners of the United Collonies, sold, conveyed, and by livery and scizin actually possessed, John Winthrop, Esq'r, and Major Humphrey Atherton, deceased, their friends and partners of, and in all or greater part of the lands lying in the said country ; all which, King Charles the Second, of blessed memory, was graciously pleased to approve, and recommend the laudable endeavors of his said subjects (as he was pleased to call them), to people and plant the said countries and lands to the protection and encouragment of the several Col- lonies of New England, declaring the molestations and disturbances given them from Rhode Island a scandal to justice and government, as by his gracions letters to the said Collonies, dated June 21, 1663, may more fully appear.
And whereas, the General Assembly for Rhode Island and Providence Planta- tion being justly apprehensive that the titles derived as aforesaid, were good and legal, have by their public aet, dated 30th of October, 1672, enacted and declared, that the purchasers and proprietors, with said Major Atherton, have a good and law- ful estate in said lands, according to the purport of their deed or deeds, grant or grants, to have, hold, possess and enjoy the same for ever.
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And whereas, his said late Majesty, by his Royal letters, bearing date February 12, 1678-9, directed as well to the government of Rhode Island, as to the other Col- lonys, commanded that all things relating to the government and possession of the Narragansett country or King's Province, should be left and remain in the same condition they then or lately were till his Royal pleasure were further known.
And whereas, his said Majesty was graciously pleased, for the quieting and deter- mining all disputes relating thereto, to send his Royal Commission, bearing date the 7th of April, in the thirty-fifth year of his reign, to Edward Cranfield and Wm. Stoughton, Esq'rs, and others, to examine and inquire into the respective claims and titles as well of his Majesty as of all persons and corporations whatsoever, to the immediate jurisdiction, government and propriety of soy! in the said country, and to make report thereon to his Majesty, all persons and corporations (save only those of Rhode Island and Providence Plantation), having given due honor and obedience, as well to all his late Majesty's former commands as the said Commis- sion, and exhibited their several pretensions and claims, upon all which his Majes- ty's Commissioners made their Report, and according to information, his said late Majesty referred the examination of the same to his Council, learned in the law, by whom the titles derived by and from the said Mr. Winthrop and Major Atherton, were allowed as good and legal. Notwithstanding, whilst the aforesaid Report lay spread before our present gracious King, and all the proprietors in obedience to former commande, refrained further settlement, waiting for his Majesty's gracious determination and dircetion therein, which is hourly expected, some turbulent and ill disposed persons persisting in their ill designs and practices, have, by undue and false suggestions, and a perverse and dangerous interpretation of his Majesty's gra- cious letter to the Governor of Rhode Island, dated (as they say) 26th June, last past, imposed upon and prevailed with the General Assembly of that Collony, who were either ignorant or waved the consideration of all that is premised, to pass an act, dated in October last, dated at Providence, very prejudicial to the rights de- rived as aforesaid, from which many deluded and other evil minded persons have taken encouragement, and are preparing illegally, unjustly and in open contempt of his Majesty's aforesaid command, to invade and possess the proprieties derived, and approved as aforesaid.
Therefore, to prevent the many publick inconveniencies that may ensue, and the great dammage that persons ignorant of the aforesaid titles might by ill exam- ple, perverse counsels, and the shadows of authority be drawn into, we, whose names are subscribed, being ordained and appointed by the proprietors concerned with and deriving from the said Mr. Winthrop, and Major Atherton, and fully empowered to order and manage their affairs and concerns in the Narragansett, Ni- antiek and Coheset countries, do in the behalf of them and ourselves, make and publish this our Protest against all and every person or persons of what quality, de- gree or condition soever ; that doth, shall or may illegally, upon any challenge or pretence whatsoever, without license from ourselves or Mr. Richard Smith and Mr. Francis Brinley (being upon the place), enter into or upon, or any way possess, use, occupy or improve, or commit any waste, spoyl or trespass in or upon any of the said lands and premises granted as aforesaid, and against all and every person and persons that under color of law or countenance of authority, or by any means directly or indirectly do or shall illegally maintain and abett, assist or advise such as do or may trespass or aggress in any such their evil designs and practices; declar- ing, that we shall and will endeavor by all lawful means and warrantable ways, to
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proseente and pursue all such trespassers and aggressors till we obtain full repara- sion and satisfaction.
Dated in Boston, in New England, March 22, 1685, and in the second year of his Majesty's reign .* ELISHA HUTHINSON,
JOIN SAFFIN,
RICHARD WIIARTON.
Charles the Second's Commission to Edward Cranfield and others, to examine into the claims and titles to the Narragansett country.t
CHIARLES R.
Charles the Second, by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &e., to our trusty and well beloved Edward Cranfield, Esq., our Lieutenant Governor and Commander-in-Chief of New Hamp- shire, and to William Stoughton, Joseph Dudley, Edward Randolph, Samuel Shrimton, John Fitz Winthrop, Edward Palmer, John Pynchon, Jun'r, and Na- thaniell Saltonstall, Jun'r, Esq'rs, greeting. Whereas, for the quieting of all dis- putes that hath arisen concerning the right of propriety to the jurisdiction and soil of a certain tract of land within our dominion of New England, called the King's Province or Narragansett country, we have thought fit to cause striet inquiry to be made into the several titles and pretensions which are claimed or challenged there- unto. Know ye, therefore, that we, reposing especial trust and confidence in the prudent fidelity and circumspection of you, the said Edward Cranfield, William Stoughton, Joseph Dudley, Edward Randolph, Samuel Shrimton, John Fitz Win- throp, Edward Palmer, John Pynchon, Jun'r, and Nathaniel Saltonstall, have as- signed, ordained, constituted, and appointed, and do by these presents, assign, or- dain, constitute, and appoint you the said Edward Cranfield, William Stoughton, Joseph Dudley, Edward Randolph, Samuel Shrimton, John Fitzt Winthrop, Edw. Palmer, John Pynchon, and Nathaniel Saltonstall, to be our Commissioners for ex- amining and inquiring into the respective claims and titles, as well of ourselves as of all persons or corporations whatsoever, to the innmediate jurisdiction, govern- ment, or propriety of the soil, of or within our Province, commonly called the King's Province or Narragansett country, hereby authorizing and empowering you, or empowering you, or any three of you (whereof Edward Cranfield or Edward Ran- dolph aforesaid, shall be the quorum), to examine and inquire into the several titles above mentioned, and summons and call before you any persons, and to search records as you shall find requisite for your information in this behalf ; as also to take examina- tion upon oath (which the Governor and Magistrates, under whose respective jurisdic- tion you shall meet, are hereby required and directed to administer unto such per- son or persons whom you shall so think fit to call before you), for the clearing of truth in the cases above mentioned. And your proceedings herein, with your opinions on the matters that shall be examined by you, you are to state and report unto us with all convenient speed, to the end we may, upon a final determination
* J. Carter Brown's Manuscripts, No. 202, Vol. IV.
1 Omitted in its place, preceding the Sminmons of the King's Commissioner's, p. 130.
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in our Privy Council, cause impartial justice to be done and executed where it shall appear to belong. And so we bid yon farewel.
From our Court at Whitehall, the 18th day of April, in the five-and-thirtieth year of our reign [1683] .*
By his Majesty's command. SUNDERLAND.
Randolphi's Petition to the King, with articles against Rhode Island, asking Writs of Quo Warranto.
To the Right Honorable the Lords of the Committee for Trade and Foreign Plantations.
May it please your Lordships : In pursuance of your Lordships' order of the 5th of May last, directing me to prepare papers containing all such particulars then complained of, upon which Writs of Quo Warranto might be granted against the Collonys of Connecticut and Rhode Island, in New England, I have accordingly drawn up several articles of high misdemeanors (herewith annexed), the proof's whereof I am ready to make out against those Collonys.
And to the intent no time may be lost in prosecuting those articles to effect which will otherwise much hinder the settlement of New England, it is humbly prayed that writs of Quo Warranto may be forthwith issued out against the Gov- ernors and Companys of those Collonys, that their Charters being vacated, they also may thereby be united under his Majesty's laws and government.
All which is humbly submitted, by
(Signed.) E. RANDOLPHI.
Articles of Misdemeanor against Rhode Island.
To the Right Honorable the Lords of the Committee for Trade and Foreign Plantations.
Articles of high misdemeanors exhibited against the Governor and Company of' the Collony of Rhode Island and Providence Plantations, by Edward Randolph.
1. They raise great sums of money upon the inhabitants of that Collony, and others by fines, taxes and arbitrary imprisonment, contrary to law, and deny appeals to his Majesty.
2. They make and execute laws contrary to the laws of England.
3. They deny his Majesty's subjects the benefit of the laws of England, and will not suffer them to be pleaded in their Courts.
4. They keep no authentiek Records of their laws, neither will they suffer the inhabitants to have copys of them.
5. They raise and cancel their laws as they please, without the consent of the General Assembly.
6. Their Governor, Deputy Governor, Assistants, Deputys and other officers
* Mass. Hist. Collections, p. 232, Vol V.
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for the administration of justice, as well as juries and witnesses, are under no legal oaths.
7. They violate the acts of Trade, and have taken from Francis Brinley, Esq'r, his late Majesty's Commission, appointing the said Brinley and others to administer an oath to the Governor of that Collony, for his duly putting in execution the act of Trade and Navigation, made in the twelfth year of his late Majesty's reign ; the Governor of that Collony not having tak. n the said oath these three or four years last past, as is required in the said act.
All which is humbly submitted, &c .*
Order in Council and Report for Quo Warranto.
At the Court, at Whitehall, the 17th July, 1685.
By the King's Most Excellent Majesty, and the Lords of his Majesty's most hon- orable Privy Council.
A Report from the Right Honorable the Lords of the Committee for Trade and Foreign Plantations, being this day read at the Board, in the words fol- lowing :
May it please your Majesty : We have received from Edward Randolph, Esq'r, Surveyor of your Majesty's Customs in New England, several articles of high mis- demeanors, exhibited by him against the Governor and Company of the Collony of Connectient and against the Governor and Company of Rhode Island and Provi- dence Plantation in New England ; upon consideration whereof we are humbly of opinion that your Majesty be pleased to refer the said articles to your Attorney Generall, with order forthwith to bring Writs of Quo Warranto against those Corporations.
We have also received a letter from the Mayor, Aldermen and principal officers of the city of New York, dated the 13th of May last, setting forth that since your Majesty hath been pleased to permit Delaware and the two Jerseys to be separated from the government of New York, that city hath extremely suffered by the loss of at least one-third part of its trade ; and bath ever since much decayed in the number of inhabitants, rents and buiklings. And that your Majesty's revenue doth likewise suffer thereby ; whereupon we likewise offer our opinions that your Majes- ty's Attorney General may have directions to consider the several grants and pro- prieties of East and West New Jersey, and of Delaware, aforementioned, and to enter the like writs of Quo Warranto against the respective proprietors, if he shall find eause, it being of very great and growing prejudice to your Majesty's affairs in the Plantation, and to your customs here, that such independent governments be kept up and maintained, without a nearer and more immediate dependance on your Majesty. All which is most humbly submitted.
ROCHESTER, CLARENDON, C. P. S., HALIFAX, ORMOND, BEAUPORT.
* J. Carter Brown's Manuscripts, No. 196, Vol. IV.
t See New York Documents, p. 302, Vol. III.
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Council Chamber, 15th July, 1685.
His Majesty being graciously pleased to approve of the same, is pleased to order and direct that the said Articles be, and they are hereby referred to Sir Rt. Saw- yer, Kut., his Majesty's Attorney General, who is forthwith to bring writs of Quo Warranto against the Governor and Company of the Collony of Connecticut, and against the Governor and Company of Rhode Island and Providence Plantation, in New England.
And it is further ordered, that Mr. Attorney General do forthwith consider of the several grants and proprietors of East and West New Jersey, and of Delaware ; and enter the like writs of Quo Warranto against the respective proprietors there- of, if he shall find cause.
WILLIAM BRIDGEMAN.
Mem .: My Lord President is desired by the Right Honorable the Lords of the Committee for Trade and Plantations, to move his Majesty that the directions to Mr. Attorney General, that the prosecution of several writs of Quo Warranto against the propriety of the Province of Maryland, and against the Collonies of Connecticut and Rhode Island, and the proprietors of East and West New Jersey, and of Delaware, in America, may be renewed, and that the same may be prosceut- ed to effect .*
Council Chamber, 21st April, 1686.
Mr. Randolphi's Proposals about Quo Warranto.
August 3, 1685.
To the Right Honorable the Lords of the Committee for Trade and Foreign Plantations.
May it please your Lordships: Pursuant to his Majesty's order in Council, of the 17th of July last, to Mr. Attorney General, I have received three writs of Quo Warranto, issued out against the several proprietors of East and West New Jerseys and Delaware ; and also two other writs of Quo Warranto, with summons from the Sheriff's of London, ordered to be brought against the Collonys of Connecticut and Rhode Island, in New England, which are returnable the next term.
Now to the intent the time limited for serving the writs upon the Governors and Companys of those Collonys may not be lapsed by delays and the difficulties of a winter voyage, and his Majesty's prosecutions thereby rendered ineffectual, as it was in serving the writ of Quo Warranto against the Boston Charter :
It is humbly proposed, that in three weeks time, at farthest, a ship is bound from London, directly to New England, by which (if your Lordthips think fit ). the Quo Warrantos may be sent and served accordingly, to the end there may be no delays made in that affair.
All which is humbly submitted.
* New York Documents, p. 362, Vol. III.
VOL. III.
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Mr. Randolph's Proposals abort Que Warrants.
August 18, 1683.
To the Right Honorable the Lords of the Committee for Trade and Foreign Plantations.
May it please your Lordships : More than nine months are passed since judgment was entered up for his late Majesty against the Charter of Boston, whereby the government of that Colony is invested in by his Majesty yet to this day. Some disaffected persons, under color of their vacated Charter, pretend to exercise a government there and countenance the breach of the Acts of Trade, by permitting their ships laden with Plantation commodities to go from thence directly to Hol- land, Scotland, &c .. without first entering in England, as the law dire .ts ; greatly impairing thereby his Majesty's revenue, now increased by Act of Parliament.
Now forasmuch. a- there is no settled government in that Collony, and the loyal party there (being the far greater number) have upon all of rioas shown their readiness to submit to his Majesty's laws and commands, and are in daily expecta. tion to be freed from the oppressions they have long groaned under, but being kept out of the government, are in no capacity to relieve themselves, or put a stop to the irregular trade. and other growing mischiefs complained of. It is therefore humbly proposed that his Majesty would graciously please forthwith to order a tem- porary government. by his commission to the best disposed persons upon the place untill such time as his Majesty's Governor Generall shall be dispatched from hence to take upon him the government of all the Collonys in New England.
I likewise humbly represent, that I have solicited the five Quo Warrantos men- tioned in his Majesty's order of Council of the 13th of Jody last, and served three write upon the several proprietors of East and West New Jersey and Delaware. I am now attending to receive your Lordships' farther commands about the two Quo Warrantos against the Collonys of Connecticut and Rhode Island, which are return- alle the next term, now to the intent his Majesty's proseentions against those Collo- nys be not by the difficulty of a winter's voyage rendered ineffectual. It is neces- sary (as I humbly conceive) that some person be dispatched thither with orders to that purpose, upon the first ship which sails from hence to Boston ; and if his Maj- esty please, to commit that service to my charge, with the conveyance of a Comm's- sion to erect a temporary government there, I question not but to give his Majesty a good account of that affair ; and also the two Collonys against which Quo War- rantos are issued. and so by that means bring the several Collonys in New England to a united and nearer dependance upon the Crown."
All which i- humbly submitted by, &c. E. RANDOLPH. -
I. Carter Brown's Manuscripts. No. 197, 198, Vol. IV.
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