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 18
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This Assembly upon the serious consideration of the above said premises, do hereby order, publish and declare, that they have determined not to stand suit with His Majesty, but to proceed by our humble a ldress to his Majesty to continue our privileges and liberties according to our Charter. formerly grant- ed by his late Majesty. Charles the Second, of blessed memory.
Voted. This Assembly order, that the above said act be
* It is to be regretted that no copy of the writ of Quo Warranto against Rhode Island exists among the records, or on the files of the State, nor is any copy known elsewhere. I am informed by my friend, the Hon. Samuel G. Arnold, of Provi- doneo, who made a thorough examination of the New England Documents in the State Paper office. London, and why selected most of the papers expired for the unrivalled collection of manascripts in the possession of Mr. John Carter Brown. of Providence, that no copy existsamong those voluminous publie archives -J. B. B.
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forthwith publishel in the town of Newport, at three conven- ient places for that end, and the same to be done by the Ro- corder, with the Generall and Town Sergeant. and the beat of drum.
Voted. Whereas it appears to this Assembly, that Edward Randolph. Esq .. hath demanded one thousand acres of land of this Collony. on behalf of the Right Honorable the Birl of Clarendon. This Assembly having taken the matter into seri- ous consideration, have thought most to appoint a Committee to treat with the Honored Edward Randolph, and to make such agreement as they see most meet : or if they see cause to write to the Right Honorable the Earl of Clarendon. aforesaid.
The persons chosen, are the Honored Governar. Deputy Gov- amor and such of the Assistants as may be present ; and also so many of the present Dopatys that can be present at the time appointed.
Voted, Upon a motion of some members of this Assembly for the more certain settling town affairs, it is ordered, and en- acted by this Assembly, that it shall and may be lawful for the iroomon of each town in this Collony to meet together and ap- point tive or more or fewer days in the year for their assemb- ling together, as the freemen of each town shall conclude to be convenient for the managing the affairs of their respective towns.
And it is also further ordered. That the freemen of each town. vearly. upon one of their days of meeting together. nomi- nato and elect such and so many town officers as they shall think meet for the managing of the afairs of their respective towns.
And it is also further ordered. That the freemen of each and every town. being orderly called together. that what the greater tent of those that meet shall lawfully order and do. concerning making town rates, and the other affairs of their town, shall be valid and firm, until the said freemen shall see cause to repeal or make void such order or orders by them made and appointed.
And for the prevention of disputes concerning the legal call- ing and assembling the freemen to their town meetings, the
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freemen of each town have power to order their Clerke or other officer, or officers of their said town, to warn or cause to be warned by warrant, the said freemen to come together; and also to appoint the time of the day for their meeting.
Voted, That a Committee be chosen and empowered by this Assembly, they or the major part of them, on this Collony's be- half, to draw up our humble address to his Majesty our Sover- eign Lord the King, and to take speedy and effectual care for the safe conveyance thereof by way of Boston and York. And also to procure a messenger as soon as they can, to go for Eng- land ; and to draw up letters to the Governor of York, to President Dudley, and to Esquire Randolph.
The persons chosen and empowered, are our Honored Goy- ernor and Deputy Governor for Newport : Mr. Joseph Jencks, for Providence ; Mr. Peleg Tripp, and the Recorder, for Ports- mouth ; Major John Greene, for Warwick.
And the said Committee to be paid two shillings, sixpence, in or as money per day, out of the Generall Treasury, for their service therein.
Voted. The Generall Sergeant's bill, amounting to eight pounds, six shillings, in or as money. is owned. and ordered to be paid to the said Generall Sergeant. Edmund Calverly, by the Generall Treasurer.
Voted, The Recorder, John Sanford's bill. amounting to six pounds, six shillings, six pence, in or as money, for service done as Recorder and Secretary, is owned, and ordered to be paid by the Generall Treasurer.
Voted, Henry Lilly's bill, for service done, amounting to two pounds, fourteen shillings, in or as money, is owned, and or- dered to be paid by the Generall Treasurer.
Voted, That the Recorder, John Sanford, shall have from each town in this Collony, the sum of ten shillings, in or as money, for copys of these Assemblys' acts, under the seal of the Collony ; and the same with all convenient speed to be sent forth.
Voted, This Assembly is dissolved.
Copie, per JOIN SANFORD, Recorder.
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Address from the Governor and Company of Rhode Island to James the 2d, on the receipt of the Quo Warranto.
To his Most Excellent Majestic, our Sovereign Lord, James the Second. The humble addresse of the Governor and Company of your Majestie's Collony of Rhode Island and Providence Plantations, in New England, in America.
Most Dread Sovereign : We your Majestic's most dutiful and loyal subjects, do with all humble and due submission, prostrate ourselves and privileges at your Maj- estic's feet, humbly acknowledge your Majestic's gracious favor, in your Royal let-
ters of the 26th of June, 1685, in the first year of your reign, directed to our Hon- ored Governor, wherein you are graciously pleased to signifie (we shall at all times extend our Royal care and protection to them in the preservation of their rights, and in the defence and security of their persons and estates, which we think fit that you signifie unto the inhabitants of that your Collony), we your Majestie's most du- tiful subjects, humbly acknowledge the receipt of your Quo Warrantos, by the hand of Edward Randolph, Esq'r, against the Charter of your Majestie's said Col- lony, which we received the 22d of June, 1686, requiring our appearance before his Majestie, where ever he shall then be in England, to answer from the day of Easter in fifteen days, which time had its period before the reception of the same, which was the 22d day of June, '86. Notwithstanding, in obedience to your gracious Maj- estie's commands, your Governor and Company convened, and upon serious con- sideration thereof, saw cause forthwith to publish and declare, by open Proclama- tion, that they would not stand suit with your Majestie, but to address themselves to your most excellent Majestic for favor and relief, praying and imploring your Princely bounty in our said Charter, contained both in religious and civil concern- ments ; and the rather because we are a people, that have been and are real to the Royal interest, and despised by our neighboring Collonys. May it please your Majestic to know that before we received a Quo Warranto, or so much as a copie of your Majestie's Commission to the Honored President Joseph Dudley, Esq'r, that the greater part of our Collony was assumed from us, called the King's Prov- ince, which we did not oppose.
And farther, we beg that in your Princely clemency, you will please to continue our privileges in stato quo privis, with respect to indulgence in matters of religious concernments and forming of catches or attestations.
And farther, we humbly petition your Royal favor, that forasmuch as the port of Newport, on Rhode Island, lays in the heart of all your Majestie's Collonies, it may be a free port for navigation and entries, paying duties.
And farther, we beg your Majestic's most gracious favor herein, that no persons may be imposed over us that suit not the nature and constitution of your Majestic's subjects here, which our late Majestic of blessed memory, was graciously pleased to indulge us in.
And finally, we pray and besecch your Royal Majestic, that in all things wherein we have been weak, or short, through ignorance, may be remitted and pardoned ; VOL. III. 13
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and cannot but think that through the disaffection of some, many things may have been misrepresented. All which is humbly submitted, and we bescech your most excellent Majestic to accept hereof, prostrating our all at your gracious feet, with our entire resolutions to serve our Sovereign with faithful hearts, praying for your Majestie's long life and prosperous reign over us.
And remain your Majestie's loyal subjects and supplicants,
WALTER CLARK, Governor. Newport, on Rhode Island, the 3d of July, 1686.
Address from certain inhabitants of Rhode Island in relation to the Quo Warranto.
To the King's Most Excellent Majestic. The humble petition and address of some of the inhabitants and freemen of your Majestie's Collony of Rhode Island and Providence Plantations, in the Narragansett Bay, in New England, showeth :
That we are truly sensible of his late Majestie's gracious favor to us, in granting us a Charter of Incorporation, and making us a body politiek, in these remote parts of his dominions, for the more easy administration of justice amongst our selves, suitable to our condition and constitution ; and though perhaps we lie under een- sure, yet hope we have so demeaned ourselves, in the administration thereof, as may render us to your Majestie rather as persons ignorantly than willingly trans- gressing.
We have received your Majestie's writ of Quo Warranto issued forth against the aforesaid Corporation (and communicated to us by Edward Randolph, Esq'r), with all dutiful respect and submission, as becometh loyal subjects ; and in obedience thereto, we the underwritten in behalf of our selves and others, doe here present our full and free submission, and entire resignation of the power given unto us in said Charter, unto your Majestie's pleasure, humbly desireing your Majestie's candid interpretation of our past actions, and that your Majestie will take such notice of us in the succeeding government, as may best consist with your Majestie's honor and our good, respecting the situation of the place, and convenieney of our commerce most suitable with onr adjoining neighbors, the Massachusetts, and Collonie of New Plymouth, whose arms enfold the Narragansett Bay, wherein we are.
And whereas, the General Assembly of your Majestie's aforesaid Collonie, sitting the 29th of June, 1686, have made their publie declaration, that they will not stand suit with your Majestie, but will proceed by their humble address, for continuation of their privileges and liberties, according to Charter, and that many of the freemen did give in their judgment to the Assembly, and left the further procedings to their judicious determination, as by their declaration herewith sent, may appear.
We, your present supplicants and humble petititioners, declare, that we know nothing of it, neither have we left the further proceedings with the Assembly, but present our selves before your Majestic by this our early and humble address, de- siring we may be discharged of all levies and contributions, which they would ex-
* J. Carter Brown's Manuscripts, Nos. 207-8, Vol. IV.
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pose us to, to defray the charges of an Agent's going for England, to which we can- not consent, and shall ever pray for your Majestic's long and happy reign.
Your Majestie's most loyal and obedient subjects.
Dated in Rhode Island, the 16th of July, 1686.
JNO. WILLIAMS, PELEG SANFORD,
THOMAS CODDINGTON, JOIN FONES,
JOSIAH ARNOLD,
JOHN ODLIN,
FRANCIS BRINLEY,
ANDREW WILLETT,
RICHARD SMITHI,
JOHN GREENE,
EDWARD PELHAM,
his
NATHANIEL CODDINGTON,
JOIN IR RATHBONE,
CHRISTOPHER ALMY, marke.
[ An address was also sent to the King from the Quakers of Rhode Island, in re- lation to the writ of Quo Warranto. They set forth that they are a " loyal and peaceable people, and cannot in conscience bear arms, nor learn war any more,"- " that they may be excused, being willing to pay all just rates and duties for carry- ing on the Commonwealth's affairs, and for supporting the government with others, according to estate and strength." This address bore date of August 26, 1686, and was signed by John Easton, Daniel Gould, Edward Thurston, Gyles Slocum, John Rodman, and John Easton, Jun'r. ]-J. Carter Brown's Mss, Vol. IV. No. 214.
James the Second's Commission, Constituting a President and Council.
James the Second, by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c., to all to whom these presents shall come, greeting :
Whereas, a writ of seire facias hath been issued out of our Iligh Court of Chan- cery against the late Governor and Company of the Massachusetts Bay, in New England, whereby the government of that Collony and members thereof, is now in our hands ; and we being minded to give all protection and encouragement to our good subjects therein, and to provide in the most effectual manner, that due and impartial justice may be administered to all cases, civil and criminal, and that all possible care may be taken for the just, quiet, and orderly government of the same, know ye, therefore, that we, by and with the advice of our Privy Council, have thought fit to erect and constitute, and by these presents, for us, our heirs and snc- cessors, to ercet, constitute, and appoint a President and Council, to take care of all that our territories and dominions of New England, in America, commonly called and known by the name of our Collony of the Massachusetts Bay, and our Province of New Hampshire and Maine, and the Narragansett Country, otherwise called the King's Province, with all the Islands, rights and members thereunto appertaining ; and to order, rule, and govern the same, according to such methods and regulations as are herein after specified and declared, until our Chief Governor shall arrive within our said Collonies.
And for the better executing of our Royal pleasure in this behalf, we do hereby
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nominate and appoint our trusty and well beloved subject, Joseph Dudley, Esq.," to be the first President of the said Council, and to continue in the said office until we, our heirs, or successors shall otherwise direct. And we do likewise nominate and appoint our trusty and well-beloved subjects, Simon Bradstreet, Wm. Stough- ton, l'eter Bulkley, John Pynchon, Robert Mason, Richard Wharton, Waite Win- throp, Nathaniel Saltonstall, Bartholomew Gidney, Jonathan Tyng, John Usher, Dudley Bradstreet, John Hlineks, Francis Champernoone, Edward Tyng, John Fitz Winthrop, and Edward Randolph, Esq'rs, to be of our Council, within our said territory and Collony ; and that the said Joseph Dudley, and every succeeding President of the said Council, shall and may nominate and appoint any one of the members of the said Council, for the time being, to be his Deputy, and to preside in his absence ; or the said President or his Deputy, and any seven of the said Council, shall be a quorm. And our express will and pleasure is, that no per- son shall be admitted to sit, or have a vote in the said Council, untill he hath tak- en the oath of allegiance, and the oath hereafter mentioned, for the due and impar- tial execution of justice, and the faithful discharge in them reposed.
[The above written is part of the commission of Charter granted to Colonel Dud- ley, that concerns the Narragansett country, or King's Province ; the rest is general
* From the high position of Governor Joseph Dudley, and his intimate connexion with the history of the New England Colonies, we present the following sketch of his life from the New England Historical and Genealogical Register, Vol. X. p. 337.
Joseph was the second son of Governor Thomas Dudley, a descendant of the Barons of Dudley, England, whence he derived his name and armorial bearings. He was born 23d September, 1647, at Roxbury, Mass,, and graduated at Harvard College, in 1665. His sub- sequent official career was the most brilliant that had then been witnessed in the new world.
He served his native town, first as a Representative, and next as an Assistant, from 1673 to 1685, and was one of the two Commissioners for the United Colonies from 1677 to 1681.
Hle was present at the battle with the Narragansetts, in December, 1675, and was one of the Commissioners who dictated the terms of a treaty with that powerful tribe. By a commission from King James II., dated 27th September, 1685, he was exalted to the otlice of President of New England [ Massachusetts, Maine, New Hampshire, and the Narragan- sett country]. In 1687, he was appointed Chief Justice of the Superior (now Supreme Ju- dicial) Court ; and fell into trouble in the revolution of 1680, being arrested and imprison- ed in the castle at Boston, as one of the friends of Andros. By his letters to the people's Governor, Simon Bradstreet, who was his brother-in-law, it appears he was for a long time treated with considerable rigor. At length, being sent to England with Andros, the fallen President, the new Sovereign, Queene Anne, received him with favor, and made him Chief Justice of New York. He was again in England, in 1693, and, daring eight years, says Gov- ernor Hutchinson, he held the office of Lieutenant Governor of the Isle of Wight, being, in 1701, elected to Parliament from Newton, in that Island. Mr. Dudley held many other public offices and honors too numerous to mention. In 1702 he returned to his beloved native country, as Captain General and Governor-in-Chief of Massachusetts Bay, including New Hampshire and Maine, being received here with great respect and affection. Contin- ning in this high station till 1715, when a new sovereign ascended the throne of England, that knew not Joseph, he retired to his rural home in Roxbury, and died on the 2d day of April, A. D. 1720, in the seventy-third year of his age.
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instruction for the government of the whole, and concluded in these words fol- lowing] :
In witness whereof, we have caused these our letters to be made patent.
Witness Ourself at Westminster, the 8th day of October, in the first year of our reign .*
Proclamation of James Second, relative to the Narragansett Country.
A PROCLAMATION.
By the President and Council of his Majesty's territory and dominion of New England, in America.
Whereas, his Most Excellent Majesty, our Sovereign Lord, James the Second, King of England, Scotland, France and Ireland, Defender of the Faith, &c., by Commission or Letters Patents under his great seale of England, bearing date the 8th day of October, in the first year of his reign hath been graciously pleased 10 erect and constitute a President aud Council to take care of all that his territory and dominion of New England, called the Massachusetts Bay, the Provinces of New Hampshire and Maine, and the Narragansett Country, otherwise called the King's Province, with all the Islands, rights and members thereunto appertaining ; and to order, rule and govern the same, according to the rules, methods and regu- lations specified in the said Commission ; together with his Majesty's gracious indul- gence in matters of religion.
And for the execution of his Royal pleasure in that behalf, his Majesty hath been pleased to appoint Joseph Dudley, Esq'r, to be the first President of his Majesty's said Council, and Vice Admiral of these seas ; and to continue in the said offices until his Majesty shall otherwise direct ; and also to nominate and appoint William Stoughton, Esq'r, now Deputy President, Simon Bradstreet, Robert Mason, John Fitz Winthrop, John Pyachon, Peter Bulkley, Edward Randolph, Wait Winthrop, Richard Wharton, Jolm Usher, Nathaniel Saltonstal, Bartholomew Gidney, Jona- than Tyng. Dudley Bradstreet, John Hinks, and Edward Tyng, Esqr's, to be his Majesty's Council in the said Collony and territorys.
The President and Council, therefore being couvened, and having according to the direction and form of the said Commission, taken their oaths and entered the government aforesaid ; and finding it needful, that speedy and effectual care be taken for the observation of his Majesty's commands, and partienlarly for the regu- lation and good government of the Narragansett Country, or King's Province, which hath hitherto been unsettled. They, the said President and Council, have resolved speedily to crert and settle a constant Court of Record upon the place; and that the President, Deputy President, or some others of the members of his Majesty's Council, shall be present to give all necessary power and directions for establishing his Majesty's government there, and administration of justice to all his Majesty's subjects within the said Narragansett Country, or King's Province, and all the Islands, rights and members thereof. And the said President and Council have in the interim assigned Richard Smith, Esq'r, James Pendleton, and John
* Mass. Hist. Collections, Vol V. p. : 11.
.
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Fones, gentlemen, justices, to keep the peace of our Sovereign Lord, the King, and all his subjects ; and also given commission to the said Richard Smith, to be Sergeant Major, and chief Commander of his Majesty's militia, both of horse and foot, within the Narragansett Country, or Province, and all the Islands, rights and members thereof.
Therefore, the said President and Council, do hereby in his Majesty's name, and by virtue of his said Commission, strictly require and command all other persons being or coming upon the place, to forbear the exercise of all manner of jurisdic- tion, authority, and power, and to cease all further proceedings for the allotments or divisions of land, or making any strip or waste upon any part of said Province, save only on each man's stated propriety, except by licence obtained from the said Court, or the President and Council, until there shall be such effectual regulation and government established, as is directed by his Majesty. And the said President and Council do hereby henceforth discharge all his Majesty's subjects within the said Narragansett Country, or King's Province, and all the Islands, rights and members thereof, from the government of the Governor and Company of Connec- tient and Rhode Island and Providence Plantation, and all others pretending any power or jurisdiction. Hereby charging and commanding all his Majesty's subjects to yield ready and due obedience to the said Justices of the Peace, the Sergeant Major, or chief Commander of his Majesty's militia. And George Weightman, Thomas Eldridge, Thomas Monford and William Chaplin, are hereby appointed and authorized present Constables ; and liberty given to the aforesaid Justices to appoint so many more as they shall see needful to them, and to administer oaths unto the aforesaid Constables and such as are to be ordained. And all other persons are to be aiding and assisting unto them the said Justices and Constables in the execu- tion and discharge of their respective offices, charges and trusts, as they will answer the contrary at their utmost peril.
Given from the Council house in Boston, this 28th day of May, Anno Dommini 1686, Annog: Regni Regis JJacobi Seeundi Secundo.
By the President and Council. EDWARD RANDOLPH, Sec'ry. God save the King.
Walter Clark to Edward Randolph.
Esteemed and courteous : Understanding by the blessing of God of thy landing at Boston, the 13th instant, hold myself obliged to congratulate thy safe arrival once more into these American parts, and to assure thee that as I stand constituted in my present capacity, shall be glad to serve thee in any office of love to my power, which I presume is the minds of all my well-beloved friends, and hope our practice will demonstrate the same if time and opportunity offer, having a true regard to all su :h whom his Majesty, in his princely wisdom, thinks meet to employ in his weighty concerns, is all at present, and with dear respects to all so immediately concerned, *
Remain thy assured friend, WALTER CLARKE.
Newport, on Rhode Island, this 15 day the 3 mo. [May] 1686.
For his esteemed Ed. Randolph, Esq'r, 2.
in Boston, these.
* Mass. Hist. Col. Vol. VIII , p. 679.
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Order of the President and Council.
Boston, the 17th day of June, 1686.
We, John Pynchon, Bartholomew Gidney, and Jonathan Tyng, members of his Majesty's Council, have examined the several acts, accords, deeds, and entries, in the twenty-seven foregoing pages,* and find them to agree with the originals in the hands of Capt'n Hutchinson, and recommend it to the President and Council, that the transactions in this book be allowed and declared good and authentic records ; and that the same book be carried on and employed for entry of the subsequent aets, orders, agreements, and transactions of the proprietors, deriving by, with, and from Jolin Winthrop, Esq'r, and Major Humphrey Atherton, deceased, and their associates, and all other matters fit for public records, in the Narragansett country, or King's Province
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