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 20
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To the Right Honorable the Lord Treasurer.
ED. RANDOLPHI.
* Masa. Hist. Col. Vol. VII., p. 151.
20S
RECORDS OF THE COLONY OF RIIODE ISLAND,
[1686.
Address of the Justices of Peace of the Narragansett Country to the King.
To the King's Most Excellent Majesty :
The humble petition and address of your Majesty's Justices of the Peace of the King's Province, or Narragansett Country, being now assembled at Rochester, in his Majesty's Territory and Dominion of New England, in America.
Most humbly showeth : That the Plantation and settlement of your Majesty's said Province, having been long interrupted and discouraged by the pretensions and power of the government of Rhode Island, and more especially as your petitioners are informed, by the ill designs and practices of Major John Greene, of Warwick ; a person of a restless and turbulent spirit, and others his accomplices, in the Collo- ny of Rhode Island, who by misrepresentations to his late Majesty's Commissioners, and false suggestions to his late Majesty in Councill, and by the exhibition of false deeds and informations on sundry occasions, have not only greatly disquieted your Majesty's subjects in said Province, and hindered what in them lies, the further set- tlement of the same, but also oppressed their neighbors of Pawtuxit, in the said Collony of Rhode Island, &c.
And your petitioners being informed by good evidence, that upon the late estab- lishment of your Royall government here, and the publication thereof, by the Presi- dent and Councill, the said Major Greene, with James Greene, his brother, and others of the town of Warwick, in great contempt of your Majesty's authority and government, tore down from a publick place in this your Province, and carried away the Proclamation of your Majesty's gracious pleasure and care for the gov- ernment of your subjects here, and hath since refused the mediation of your Majes- ty's President and Governor of Rhode Island, and all other just and regular ways and means for settlement of boundaries of said town of Warwick, and quieting the contentions and disputes which said Greene by false deeds and other ill means, hath stirred up and maintained against your Majesty's subjects here; and we your Maj- esty's petitioners, being further informed that the said Major Greene with others, in- tently contriving to retard the regulation of your Majesty hath thought so greatly needlul for that Collony of Rhode Island and Providence Plantations, and to dis- turb the peace and progress of this Plantation, hath in a secret manner and npon many misrepresentations, drawn sundry of the inhabitants of Rhode Island to sub- seribe such papers, as he, to that end hath prepared ; and to contribute money to maintain and carry on his causeless complaints at your Royall Court, to which he is now gone, having no lawful power from the Governor and Company of Rhode Is- land so to do.
Your petitioners most humbly pray, that as your Majesty hath graciously mani- fested your care for the peace and prosperity of this poor l'lantation, in annexing the same to the government of the Massachusetts, so that your Majesty would still continue your just and tender regard thereto, and give check to the ill designs of the said Major Greene or others, pretending power from Rhode Island and Provi- denee Plantations, and that you would graciously refer the same and matters here- in contained, to the examination and determination of your Generall Governor and
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AND PROVIDENCE PLANTATIONS.
1686.]
Councill here, or other competent Judges, where all your Majesty's subjects con- cerned may have opportunity to be heard.
And your petitioners as in duty bound, shall ever pray. 'JOIIN SAFFIN, RICHARD SMITH,
JOHN FONES, ELISHA HUTCHINSON,
RICHARD WHARTON, FRANCIS BRINLEY.
New England, 1686.
The Proprietors of Lands in Pawtuxet to the King.
To the King's Most Excellent Majesty.
The humble petition and address of the Proprietors of the Lands of Pawtuxet in the Township of Providence in the Collony of Rhode Island and Providence Plantations, in New England.
Humbly showeth : That William Harris, of Pawtuxet, upon his petition, in be- halfe of himself and your petitioners, his partners, to liis late Majesty (of happy memory) in the year 1677, humbly showed that your petitioners' [land] had been entered upon, and held out of the possession of great part of their said land by divers persons, and thereupon his Majesty was graciously pleased to grant a special assize for the hearing of the said complaints, which accordingly sat at Providence, in the same year, and upon hearing gave judgment for the said Harris and partners, in five actions, and made report to his said Majesty thereof, for his final determination thereon.
That Major John Greene, of Warwick (one of the Defendants, and a great op- pressor of your petitioners, partly by entering on your petitioners' lands and abetting others in so doing, and partly by a forged or falsified deed for the same), posted to Whitehall, and in the absence of the said Harris, by false suggestions obtained a stay of execution on the second verdict ; but upon the said Harris's arrival in Eng- land and true representation of the matter, his Majesty ordered execution in the first and three last judgments, and a rehearing of the second ; but so it is that the said Major Greene and accomplices, by collusion with the officer appointed by the government of Rhode Island to deliver possession, and other ill designs and prac- tives, hath rendered his Majesty's gracious commands ineffectual ; and the said Har- ris in going the third time to his Majesty to carry your petitioners' complaints against the said Greene and accomplices, was captivated by the Algereens and soon after died ; and so your petitioners remaining under great oppression and injury, are still held out of the possession of their said lands.
That your petitioners being informed that the said Major Greene is gone to attend your Majesty, have just cause to fear, that according to his usual practices, he will misrepresent his own proceedings, and your petitioners' pretensions and right.
Your petitioners most humbly pray your Majesty to give special order and com- mand, that the said Greene's complaints and suggestions to your Majesty or any of your Ministers of Justice, may together with your petitioners' cases be referred to to the examination of your Generall Governor and Councill of your territory and dominion of New England, or other competent Judges, for a full and finall hearing and determination, that so your petitioners may by your Majesty's grace and justice be delivered from their long oppressions and restored to their right.
And your petitioners as in duty bound, shall ever pray .*
NATHANIEL THOMAS, Attorney to the said Proprietors.
* J. Carter Brown's Manuscripts, Nos. 221-22, Vol. IV.
VOL. II !.
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210
RECORDS OF THE COLONY OF RHODE ISLAND,
[1686.
THE ADMINISTRATION OF SIR EDMUND ANDROS.
[THE preceding documents show that a political crisis was approaching in Rhode Island, which must soon reach its height. The Narragansett Country had been included in the Commission to Col. Dudley, and was virtually annexed to Massa- chusetts Colony. The so called " articles of high misdemeanor exhibited " by Ed- ward Randolph, against Rhode Island, "accusing the people of breaches of their Charter, and of opposition to the acts of navigation," received the attention of the Lords of the Committee for Trade and Foreign Plantations, who recommended that a writ of Quo Warranto should be issued against Rhode Island, its " Charter vacated, and the Colony united under his Majesty's laws and government." The charges were referred to Sawyer, the Attorney General in July; the order in Council was granted for the writ, on the 6th of October, 1685, and was brought to Rhode Island by Randolph on the 22d of June, 1686. The Governor summoned the people to meet on the 29th June, when, as it will appear, they very wisely voted not to " stand suit with his Majesty, but to proceed, by humble ad- dress to his Majesty to continue their privileges and liberties according to the Charter."
On the receipt of the writ of Quo Warranto, an address was sent from the Gen- erall Assembly to the King, " humbly prostrating themselves, and their privileges at the feet of his gracious Majesty, with an entire resolution to serve him with faith- ful hearts. Addresses were also sent him by some of the inhabitants, and another from the Friends.
This address was no sooner received, than it was ordered by the Committee of the Colonies, and approved by the King, "That Sir Edmund Andros, the Governor of Massachusetts, shall demand the surrender of their Charter, and govern them as other colonies of New England; that prince assuring them of his protection, and of his determination to extend no other rule of administration over them, than over the neighboring plantations."*
Sir Edmund Andros was commissioned by James the Second, as Governor of Massachusetts Bay, New Plymouth, New Hampshire, Maine and the Narragansett Country, or King's Province, on the 3d of June, 1686, and arrived in Boston on . the 20th of December following. On the 12th of January, 1686-7, the commission was published in Rhode Island, when Sir Edmund, agreeably to his orders, dissolved the government, broke the seal of the Charter, reduced the Colony to a single county, andadmitted seven of its inhabitants into his legislative council. These were Walter Clark, John Greene, Richard Arnold, Richard Smith, John Sanford, Walter Newbury, and John Coggeshall ; all of whom do not appear to have served. Ilis commission appears at length among the documents which follow.t The minute in-
* Chalmers' Political Annals, p. 278. Callender's Hist. Dise. t Ibid. p. 279.
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AND PROVIDENCE PLANTATIONS.
1686.]
structions to Sir Edmund which follow the commission in this volume, bear the date of April the 16th, 1688, and accompanied his second commission, which extended his government over the province of New York, Rhode Island, Connecticut and the other English colonies in America .*
From this period, the colonial government was completely subverted by Sir Ed- mund Andros. The General Assembly ceased to hold its sessions, nor did it again assemble during his administration. Rhode Island was then virtually but a single county in the wide dominion over which his authority extended ; and the only records of the transactions of the period, are found in the records of the Courts. It appears by the letters to the government from Andros, and Secretary Randolph, that the official proceedings of the Council were sent to England ; but it does not appear that they are to be found in the State Paper Offiec.
To preserve as much as possible of the history of this interesting period in our colonial history, and to fill the vacuum that would otherwise exist, the records of the Court of Quarter Sessions and Court of Common P'leas for the years 1687 and 1688 have been printed here. A few documents and papers of interest, which tend to elucidate the administration of Sir Edmund, are also inserted in the order of their dates.
When the revolution in England put an end to the power of Andros, he and his Council were seized by the people of Boston, and thrown into prison. The particu- lars of these transactions are given in the papers which follow, all of which go to complete the history of the " Usurpation," as it is called, of Sir Edmund Andros.
In May, 1689, the General Assembly again assembled at Newport, and agreed " that since Sir Edmund Andros was seized and confined with others of his Council [at Boston ], and his authority silenced and deposed, it was their duty to lay hold of their former Charter privileges ; and avowedly professing all allegiance to the crown of England, they replaced all the general officers that had been removed three years before.
In commenting on this assumption of their government once more, Mr. Chal- mers says, " they probably reflected, that an act, which was extorted by terror, might justly be recalled when restraint no longer remained. But, unless it could be proved, that the whole proceeding was either irregular or illegal, their subse- quent administration, without the formal assent of the sovereign state, must be con- sidered, in notion of law, as mere usurpation."]-Political Annals, p. 279.
* Two years later ( April 7, 1688), the King sent a new commission to Andros, which is printed at length in the documents relative to the Colonial History of the State of New York, vol. 3, p. 537, in which it is stated, that since the issuing of the forenamed commis- sion of June, 1686, it had been thought " necessary for the service and for the better se- curity of the King's subjects in those parts, to join and annex to the said government the neighboring colonies of Rhode Island, Connecticut, the province of New York, of East and West New Jersey," ete. This second commission is not inserted here, as the " Instruc- tions " which follow, are deemed sufficient.
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RECORDS OF THE COLONY OF RHODE ISLAND
[1686.
Commission to Sir Edmund Andros.
James the Second, by the grace of God, King of England, Scotland, France, and Ireland, Defender of the Faith, &c. To our trusty and well beloved Sir Ed- mund Andros, Knight, greeting :
Whereas, the government of that part of our territory and dominion of New Eng- land, hereafter mentioned, is now in our hands, and being minded to give all protec- tion and encouragement to our good subjects therein, and to provide in the most effec- tual manner, for their security and welfare ; we therefore, reposing especial trust and confidence in the prudence, courage and loyalty of you, the said Sir Edmund An- dros, out of our especial grace, certain knowledge, and mere motion, have thought fit to constitute and appoint, and by these presents do constitute and appoint you, the said Sir Edmund Andros, to be our Captain General, and Governor in Chief in and over all that our territory and dominion of New England, in America, com- monly called or known by the name of our Colony of the Massachusetts Bay, our Colony of New Plymouth, and our Provinces of New Hampshire and Maine, the Narragansett Country, otherwise called the King's Province, with all the Islands, rights and members to the said Colonies and territories in any wise appertaining. And for your better guidance and direction, we do hereby require and command you to do and execute all things in due manner, that shall belong to the said office, and the trust we have reposed in you, according to the several powers, instructions, and authorities mentioned in these presents, or such further powers, instructions and authorities, as you shall herewith receive, or which shall at any time hereafter be granted or appointed you, under our Signet or Sign manual, or by order in our Privy Council, and according to such reasonable laws and statutes as are now in force, or such others as shall be hereafter made and established within that our terri- tory and dominion aforesaid. And our will and pleasure is, that you, the said Sir Edmund Andros, having (after your arrival in New England, and publication of these our Letters Patents) first taken the oath of allegiance, together with the oath of duly executing the office of our Captain General and Governor in chief of our said territory and dominion (which our Council there, or any three of them, are hereby required, authorized and empowered to give and administer unto you), you shall administer unto each of the members of our Council, as well the oath of alle_ giance, as the oath of the due execution of their places and trust. And we do hereby give and grant unto you full power and authority, to suspend any member of our Council, from sitting, voting and assisting therein, as you shall find just cause for your so doing. And if it shall hereafter at any time happen, that by the death, departure out of our said territory, or suspension of any of our Councillors, or that otherwise there shall be a vacancy in our said Council (any five whereof we do hereby appoint to be a quorum), our will and pleasure is, that you signify the same unto us by the first opportunity, that we may, under our Siguet and Sign mannal, constitute and appoint others in their room : but that our affairs at that distance may not suffer for want of a due number of Councillors, if ever it shall happen that there are less than seven of them residing upon the place, we do hereby give and grant nnto you, full power and authority, to choose as many persons out of the principal inhabitants thereof, as will make up the full number of our Council to be seven, and no more ; which persons, by virtue of such choice, shall be to all intents and pur-
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1686.]
AND PROVIDENCE PLANTATIONS.
poses, our Councillors within our said territory, until they be confirmed by us, or that by the nomination of others by us, under our Sign mannal and Signet, the said Council shall have seven persons in it. And we do hereby give and grant unto you full power and authority, by and with the advice and consent of our said Conn- cil, or the major part of them, to make, constitute, and ordain laws, statutes and or- dinances, for the public peace, welfare and good government of our said territory and dominion, and of the people and inhabitants thereof, and such others as shall resort thereto, and for the benefit of us, our heirs and successors, which said laws, statutes and ordinances, are to be as near as conveniently may be, agreeable to the laws and statutes of this our kingdom of England. Provided, that all such laws, statutes and ordinances, of what nature or duration soever, be within three months, or sooner, after the making of the same, transmitted unto us under our seal of New England, for our allowance or disapprobation of them ; as also duplicates thereof by the next conveyance. And we do by these presents give and grant unto you, full power and authority, by and with the advice and consent of our said Council, or the major part of them, to impose and assess, and raise and levy such rates and taxes, as you shall find necessary for the support of the government within our ter- ritory and dominion of New England, to be collected and levied, and to be employ- ed to the uses aforesaid, in such manner as to you and our said Council, or the ma- jor part of them, shall seem most equal and reasonable. And for the better sup- porting the charge of the government of our said territory and dominion, our will and pleasure is, and we do by these presents authorize and require you, the said Sir Edmund Andros, and our said Council, to continue such taxes and impositions as are now laid and imposed upon the inhabitants thereof, and to levy and distrib- ute, or cause the same to be levied and distributed to those ends, in the best and most equal manner, until you shall, by and with the advice and consent of our Council, agree on, and settle such other taxes, as shall be sufficient for the support of our government thereof, which are to be applied to that use and no other. And our further will and pleasure is, that all public money raised or to be raised or ap- pointed for the support of the government within our said territory and dominion, be issued out by warrant or order from you, by and with the advice and consent of our Council, as aforesaid. And our will and pleasure is, that you shall and may keep and use our Seal appointed or to be appointed by ns for our said territory and dominion. And we do further give and grant unto you, the said Sir Edmund An- dros, full power and authority, from time to time, at any time hereafter, by your- self, or by any other to be authorized by you, in that behalf, to administer and give the oath of allegiance now established within this our realm of England, to all and every such person as you shall think fit, or such as shall at any time or times pass into our said territory, or shall be resident or abiding there. And we do by these presents ordain, constitute and appoint our Governor and Council of our said ter- ritory and dominion for the time being, to be a constant and settled Court of Record for the administration of justice to all our subjects inhabiting wit'sin our said territo- ry and dominion, in all canses as well civil as criminal, with full power and author- ity to hold pleas in all cases from time to time, as well in pleas for the Crown, and in all matters relating to the conservation of the peace, and punishment of offenders, as in civil canses or actions between party and party, or between us and any of our subjects there, whether the same do concern the realty, and relate to any right of frechold and inheritance, or whether the same do concern the personality, and relate to matter of debt, contract, damage, or other personal injury : and also in all mixed
214
RECORDS OF THE COLONY OF RHODE ISLAND,
[1686.
actions, which may concern both realty and personalty ; and thereinafter due and or- derly proceeding and deliberate licaring of both sides, to give judgment, and to award execution, as well in criminal as in civil cases, as aforesaid : so always, that the forms of proceedings in such cases, and the judgments thereupon to be given, be as con- sonant and agreeable to the laws and statutes of this our realm of England, as the present state and condition of our subjects, inhabiting within our said territory and dominion, and circumstances of the place will admit. And we do further, hereby give and grant unto you, full power and authority, with the advice and consent of our said Council, to erect, constitute and establish, such and so many Courts of Ju- dicature and publie justice within our said territory and dominion, as you and they shall think fit and necessary for the determination of all causes, as well criminal as civil, according to law and equity, and for awarding execution thereupon, with all reasonable and necessary powers, authorities, fees and privileges, belonging unto them ; as also to appoint and commissionate fit persons in the several parts of our said territory, to administer the oath of allegiance unto such as shall be obliged to take the same. And we do hereby grant unto you full power and authority, to constitute and appoint Judges, and in cases requisite, Commissioners of Oyer and Terminer, Justices of the Peace, Sheriff's, and all other necessary officers and min- isters within our said territory, for the better administration of justice, and putting the laws in execution ; and to administer such oath and oaths as are usually given for the due execution and performance of offices and places, and for the clearing of truth in judicial causes. And our further will and pleasure is, and we do hereby declare, that all actings and proceedings at law or equity, heretofore had or done, or now depending within any of the Courts of our said territory, and all executions thereupon, be hereby confirmed and continued, so far forth as not to be avoided for want or defeet of any legal power in the said Courts ; but that all and every such judicial actings, proceedings and executions, shall be of the same force, effect, and virtue, as if such Courts had acted by a just and legal authority. And we do further by these presents will and require you, to permit appeals to be made, in cases of error, from our Courts in our said territory and dominion of New England, unto our Governor and Council in civil causes; provided the value appealed for, do exceed the sum of one hundred pounds sterling, and that security be first duly given by the appellant, to answer such charges as shall be awarded in case the first sentence shall be affirmed. And whereas we judge it necessary, that all our sub- jeets may have liberty to appeal to our Royal person, in cases that may require the same, our will and pleasure is, that if either party shall not rest satisfied with the judgment or sentence of our Governor and Council, they may then appeal unto us in our Privy Council, provided the matter in difference exceed the real value and sum of three hundred pounds sterling ; and that such appeal be made within one fortnight after sentence ; and that security be likewise given by the ap- pelant, to answer such charges as shall be awarded in case the sentence of the Gov- ernor and Council shall be confirmed, and provided also, that execution be not suspended by reason of any such appeal uuto us. And we do hereby give and grant unto you, fall power and authority, where you shall see cause, and shall judge any offender or offenders in capital and criminal matters, or for any fines or for- feitures due unto us, fit objects of our mercy, to pardon all such offenders, and to remit such fines and forfeitures (treasons and wilful murder only excepted). In which cases, you shall likewise have power, upon extraordinary occasions, to grant reprieves to the offenders therein, until, and to the intent our pleasure may be fir-
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