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 21
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1686.]
AND PROVIDENCE PLANTATIONS.
ther known. And we do hereby give and grant unto you, the said Sir Edmund Andros, by yourself, your Captains and Commanders by you to be authorized, full power and anthority to levy, arm, muster, command, or enploy all persons whatso- ever, residing within our said territory and dominion of New England, and as oc- casion shall serve them, to transfer from one place to another, for the resisting and withstanding all enemies, pirates and rebels, both at land and sea, and to transfer such forces to any of our plantations in America, as occasion shall require, for the defence of the same, against the invasion or attempts of any of our enemies, and them, if occasion shall require, to pursue and prosecute, in or out of the limits of our said territory and plantations, or any of them ; and, if it shall so please God, them to vanquish, and being taken, either according to the law of arms, to put to death, or to keep and reserve alive at your discretion : as also to execute martial law in time of invasion, insurrection, or war, and during the continuance of the same, and upon souldiers in pay ; and to do and execute all and every other thing which to a Captain General doth, or ought of right to belong, as fully and amply as any our Captain General doth, or hath usually donc. And we do hereby give and grant unto you, full power and authority, to erect, raise and build, within our said territory and dominion aforesaid, such and so many forms, platforms, castles, cities, burroughs, towns and fortifications, as you shall judge necessary ; and the same, or any of them, to fortify and furnish with ordinance, ammunition, and all sorts of arms fit and necessary for the security and defence of our said territory ; and the same again, or any of them, to demolish or dismantle, as may be most con- venient. And we do hereby give and grant unto you, the said Sir Edmund An- dros, full power and authority, to ercet one or more Court or Courts Admiral, within our said territory and dominion, for the hearing and determining of all ma- rine and other causes and matters proper therein to be heard and determined, with all reasonable and necessary powers, authorities, fees and privileges. And you are to execute all powers belonging to the place and office of Vice Admiral of and in all the seas and coasts about your government, according to such commis- sion, authority and instructions, as you shall receive from ourself under the seal of our admiralty, or from our Iligh Admiral of our plantations, for the time being. And forasmuch as divers mutinies and disorders do happen by persons shipped and employed at sea, and to the end that such as shall be shipped or employed at sea, may be the better governed and ordered ; we do hereby give and grant unto you, the said Sir Edmund Andros, our Captain General and Governor in Chief, full power and authority to constitute and appoint captains, masters of ships and other commanders, and to grant unto such captains, masters of ships and other command- ers, commissions to execute the law martial, and to use such proceedings, authori- ties, punishments, correction and execution, upon any offender or offenders, that shall be mutinous, seditious, disorderly, or any way unruly, either at sea, or during the time of their abode or residence in any of the ports, harbors or bays of our said territory and dominion, as the cause shall be found to require, according to mar- tial law. Provided, that nothing herein contained, shall be construed to the ena- bling you, or any by your anthority, to hold plea or have jurisdiction of any offence, cause, matter or thing, committed or done upon the seas, or within any of the havens, rivers or creeks, of our said territory and dominion under your government, by any captain, commander, lieutenant, master, or other officer, seaman, souldier, or person whatsoever, who shall be in actual service and pay, in and on board any of ships of war, or other vessels acting by immediate commission or warrant from our-
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self, under seal of our Admiralty, or from our High Admiral of the time being; but that such captain, commander, lientenant, master, officer, seaman, souldier, and other person so offending, shall be left to be proceeded against and tried, as the merit of their offences shall require, either by commission under our great seal of England, as the statute of the twenty-eighth of Henry the Eighth directs, or by Commission- ers from our High Court of Admiralty, according to the act of Parliament, passed in the thirteenth year of the reign of the late King, our most dear and most entirely beloved brother of ever blessed memory, entitled an act for the establishing articles and orders for the regulating and better government of his Majesty's navies, ships of war, and forces by sea, and not otherwise : saving only, that it shall and may be lawful for you, upon any such captain or commanders refusing or neglecting to ex- ceute, or upon his negligence or undue execution of any of the written orders he shall receive from you, for our service, and the service of our said territory and dominion, to suspend him the sud captain or commander, from the exercise of his said office of commander, and commit him into safe eus- tody, either on board his own ship, or elsewhere, at the discretion of you, in order to his being brought to answer for the same, by Commission either under our great seal of England, or from our said High Admiral, as is before ex- pressed : in which case our will and pleasure is, that the captain or commander so by you suspended, shall during such his suspension and commitment, be succeeded in his said office by such Commission, or Warrant Officer of our said ship, appoint- ed by ourself or our High Admiral of England, for the time being, as by the known practice and discipline of our navy doth and ought next to succeed him, as in case of death, sickness, or other ordinary disability happening to the commander of any of our ships, and not otherwise ; you standing also accountable to us, for the truth and importance of the crimes and misdemeanors, for which you shall so proceed to the suspending of such, our said captain and commander. Provided, that all disor- ders and misdemeanors committed on shore by any captain, lieutenant, master or other officer, seaman, souldier, or person whatsoever, belonging to any of our ships of war, or other vessels acting by immediate commission or warrant from ourself un- der the seal of our Admiralty, or from our High Admiral of England, for the time being, may be tried and punished according to the laws of the place, where any such disorders, offences and misdemeanors shall be so committed on shore, notwith- standing such offender be in our actual service, and born in our pay on board any such our ships of war, or other vessels acting by immediate commission or warrant from ourself or our lligh Admiral as aforesaid : so as he shall not receive any pro- tection for the avoiding of justice, for such offenees committed on shore, from any pretence of his being employed in our service at sea. And we do likewise give and grant unto you, full power and authority, by and with the advice and consent of our said Council, to agree with the planters and inhabitants of our said territory and dominion, concerning such lands, tenements and hereditaments, as now are, or hereafter shall be in our power to dispose of ; and them to grant nuto any person or person for such terms, and under such moderate quit-rents, services and acknow- ledgments, thereupon to be reserved unto us, as shall be appointed by ns; which said grants are to pass and be sealed by our seal of New England, and (being enter- ed upon record, by such officer and officerrs as you shall appoint thereunto), shall be good and effectual in law against us, our beirs and successors. And we give you full power and authority, to appoint so many fairs, marts and markets, as you, with
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the advice of our said Council, shall think fit : as likewise to order and appoint within our said territory, such and so many ports, harbors, bays, havens and other places, for the convenience and security of shipping, and for the better loading and unloading of goods and merchandizes, as by you with the advice and consent of our Council, shall be thought fit and necessary ; and in them or any of them, to creet, nominate and appoint, custom houses, ware houses, and officers relating thereunto ; and them to alter, change, place or displace from time to time, as with the advice aforesaid, shall be thought fit. And above all things, we do by these presents will, require and command you, to take all possible care for the discountenance of vice and encouragement of virtue and good living, that by such example, the infidels may be invited, and desire to partake of the Christian religion. And for the great- er ease and satisfaction of our loving subjects in matters of religion, we do hereby will and require, and command, that liberty of conscience be allowed to all persons, and that such especially as shall be conformable to the rites of the Church of Eng- land, be partienlarly countenanced and encouraged. And forasmuch as, pursuant to the laws and customs of our Colony of the Massachusetts Bay, and of our other Colonies and Provinces aforementioned, divers marriages have been made and per- formed by the magistrates of our said territory, our Royal will and pleasure is, hereby to confirm all the said marriages, and to direct, that they be held good and valid in the same manner to all intents and purposes whatsoever, as if they had been made and contracted according to the laws established within our kingdom of Eng- land. And we do hereby require and command all officers and ministers, civil and military, and all other inhabitants of our said territory and dominion, to be obedient aiding and assisting to you, the said Sir Edmund Andros, in the execution of this our Commission, and of the powers and authorities herein mentioned ; and upon your death, or absence out of our said territory, unto the Commander in chief : to whom we do therefore by these presents, give and grant all and singular, the pow- ers and authorities aforesaid, to be exercised and enjoyed by him during our plea- sure, or until your arrival within our said territory and dominion ; and, if in case of such death or absence, there be no person upon the place appointed by us, to be Commander in chief'; our will and pleasure is, that the then present Council of our territory aforesaid, do take upon them the administration of the government, and execute this Commission, and the several powers and authorities herein contained; and that the first Councillor, who shall be at the time of your death or absence, resid- ing within the same, do preside in our said Council, with such powers and [prchemi- nences ]as any former President hath used and enjoyed within our said territory, or any other our plantations in America, until our pleasure be further known, or your arrival as aforesaid. And lastly, our will and pleasure is, that our Commission bearing date the seven-and-twentieth day of September, in the first year of our reign, constituting our trusty and well beloved Joseph ; Dudley, Simon Bradstreet, and William Stoughton, Esq'rs, and others, to be our President and Council of our territory and dominion of New England, do, from the publication of these presents, cease and become void. And that you, the said Sir Edmund Andros, shall and may hold, execute and enjoy, the office and place of our Captain General and Governor in Chief in and over our territory and dominion aforesaid, with all its rights, mem- vers and appurtenances whatsoever ; together with all and singular the powers and authorities hereby granted unto you, for and during our will and pleasure.
In witness whereof, we have caused these our letters to be made patents. Wit- VOL. II. 16
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RECORDS OF THE COLONY OF RHODE ISLAND,
[1686.
ness ourself at Westminster, the 3d day of June, in the second year of our
l'er bre de Privato Sigillo. BARKER. reign .*
Instructions to Andros concerning the Charter of Rhode Island.
JAMES R.
Additional powers and instructions for our trusty and well beloved Sir Edmund Andros, Knight, our Captain General and Governor in Chief in and over our territory and dominion in New England, in America, given at our Court at Windsor, this 13th day of September, in the second year of our reign, 1686.
Whereas, we have been presented with the humble address of our Governor and Company of our Collony of Rhode Island and Providence Plantation, within our territory and dominion of New England, bearing date the 3d day of June of last, wherein they take notice of our writ of Quo Warranto against their Charter, and thereupon declaring their resolution not to stand suit with us, have submitted them- selves and their Charter to our Royal determination. Our will and pleasure is, and we do hereby authorize and empower you, upon your arrival in those parts, to de- mand, in our name, the surrender of their said Charter into your hands, in pursu -. ance of their said declaration and address, and, taking our said Collony of Rhode Island and Providence Plantation under your government, to exercise the like powers and authorities in reference to the same, as we have given and granted un- to you by our commission under the great seal of England, for the government of other Collonies, within our said territory and dominion of New England, assuring our good subjects of our Collony and Plantation aforesaid, of our Royal counten- ance and protection in all things, wherein our service andI their welfare shall be concerned, and giving us by the first opportunity, an account of their behaviour and of your proceedings in obedience to these our commands. And. in case it shall I appen, that upon the like writ of Quo Warranto, issued against the Charter of our Government and Company of our Collony of Connecticut, they shall be induced to make surrender of their Charter, our will and pleasure is, and we do hereby an- thorize and empower you in our name, to receive such surrender, and to take our said Collony of Connecticut under your government, in the same manner as before expressed. By his Majesty's command.t SUNDERLAND P.
September 13, 1686.
Order for the first meeting of Andros's Council.
Sir: Ilis Excellency, Sir Edmund Andros, Knight, Captain General and Gov- ernor in Chief, arrived here yesterday, at which time his Majesty's commission, bearing date the 3d of June last, was published, his Excellency has appointed a General Council, to be holden here on Thursday the 30th of this instant, Decem- ber, and directed me to acquaint all the members thereof, that they may be present accordingly. His Excellency presents his humble service to yon, and would be glad to see you a: Boston #
I am, Sir, your humble servant, EDWARD RANDOLPH.
* James the Second began to reign February 6, 1681-5, so that the date of this Com. mission is June 30, 1686 .- Mass. Hist. Coll., 3d Series, Vol. VII., p. 13.
1 Mass. Hist. Col. Vol. VII., p. 162. # Do. p. 165.
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AND PROVIDENCE PLANTATIONS.
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Letter of Andros to Rhode Island, concerning Rhode Island Charter.
Boston, December 22, 1686.
Sir : This is to acquaint you, that I arrived yesterday, at which time his Majes- ty's Commission, bearing date at Windsor, the 3d day of June last, in the second year of his reign, appointed me Captain General and Governor in Chief of his ter- ritory and dominion of New England, and his Majesty having, upon the address and submission of the Charter, accepted thereof, hath commanded and authorized me upon my arrival in these parts, to demand in his Majesty's name, the actual surrender of the said Charter, and to take the Colony of Rhode Island and Provi- dence Plantation into my care, as part of the government, and to assure his good subjects in your parts of his Majesty's countenance and protection in all things, in which his Majesty's service and your welfare shall be concerned, and hath consti- tuted and appointed you, Walter Clark, Jo. Sanford, John Coggeshall, Walter Newbury, John Greene, Richard Arnold, and John Alborough, Esq'rs, to be mem- bers of the Council for the said government. And I, having appointed a general Council to be held in this place on Thursday, the 30th of this instant December, you are to communicate this to the above named members of the Council, and, together with them, to give your attendance for his Majesty and country's service as above.
I am your very affectionate friend, and desiring to hear from you in the mean time.
Letter to Walter Clark, Governor of Rhode Island.
Boston, 22d December, 1686.
Sir : This is to acquaint you that his Majesty having been pleased to send me to the government of New England, of which you are a part, I arrived here the 20th instant, where I found all very well disposed to his Majesty's service : and his Maj- esty's letter patent to me for the said government, being then published, were re- ceived with suitable demonstrations.
I am commanded and authorized by his Majesty, at my arrival in these parts, to receive in his name the surrender of the Charter, if tendered by you, and to take you into my present care and charge, as other parts of the government, assuring his Majesty's good subjects of his countenance and protection in all things relating to his service and their welfare.
I have only to add, that I shall be ready and glad to do my duty accordingly, and therefore desire to hear from you as soon as may be, and remain
Your very affectionate friend, E. ANDROS.
L'edition of Richard Smith to Andros.
December 22, 1686.
The humble petition of Richard Smith, of Rochester, within the Narragansett coun- try, humbly showeth :
That there having been long hanging in contest and suit between some of the inhabitants of Rhode Island and your petitioner, a claim and pretence of title made
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RECORDS OF THE COLONY OF RIIODE ISLAND, [1686.
by them, unto a small Island lying near the town of Bristol, commonly called IIog Island, alias Chesawanoch, which your petitioner many years since purchased of the Indian natives, and had confirmation thereof from the General Court of New Ply- mouth. But of later time hath been forcibly kept out, and interrupted in his peaceable possession and improvement thereof, by the Rhode Islanders, from which tiresome contest and unjust molestation, your petitioner hopeth, by your Excellen- cy's happy access to the government, speedily to be relieved, and to have a just and final issue put thereto.
Meeting of the First Council of Andros.
At a Conneil held in Boston, New England, on Thursday, December 30th, 168G. Present,
Ilis Excellency, Sir Edmund Andros, Knight, Governor.
Joseph Dudley, Richard Wharton,
Thomas Hinckley, Edward Tyng,
Wait Winthrop,
Jonathan Tyng,
Jno. Usher, William Bradford,
Barnaby Lathrop, John Walley, Nathaniel Clark,
Daniel Smith,
*John Coggeshall,
*Walter Newbury,
*Richard Arnold,
*Walter Clark, William Stoughton,
*John Alborough, Edward Randolph, Secretary.
Upon opening of the Council, his Excellency commanded the members to be called over by their names, and take their places, as set down in certain articles of instruction from his Majesty, to his Excelleney the Governor.
The members of the Council, being accordingly seated, his Majesty's commission for government of this his territory and dominion of New England, was read, and also, the instructions under his Majesty's sign Manual, empowering his Excellency to receive the Charter of Rhode Island and Providence Plantation, was likewise read.
His Excellency proceeded to administer the oath of allegiance, and the oath, al- so, for the due administration of justice, and commanded such persons of the Coun- cil, as had not already taken the oaths, to stand up and answer to their names, viz. : Thomas Hinckley, Walter Clark,* Barnaby Lathrop, William Bradford, Daniel Smith, Jno. Walley, Nathaniel Clark, John Coggeshall, Walter Newbury, Richard Arnold, and Jolin Alborough, who (all of them ), Walter Clark and Walter New- bury excepted, did take the oaths, and showed assent thereto, by holding up their right hands.
Walter Clarke and Walter Newbury, gave also their express consent to the oath of allegiance, and the oath for the administration of justice in the government, ac- cording as directed in his Majesty's late commission to the President and Council,
* Members from Rhode Island. Walter et al - fame, atfirst. hud , .
minutes, appears in another copy, printed in the VUIth volume of the Move, Hist. C ..!. 2d series, p. 182.
--
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professing themselves obliged in all good conscience before God so to do, and that, under the utmost penalties of perjury in all respects, the members of the Council be- ing severally asked their opinion, did allow of their protestation. Ilis Excellency in a short discourse, encouraged the members to freedom in debates. Walter Clark and Walter Newbury, acknowledge the surrender of the Charter made to his Maj- esty, at Windsor, but fearing that surrender was not effectual for avoiding all mis- takes, they had presented another humble address to his Majesty, under the public scal of their Colony, and had sent over agents to pray his Majesty's favor towards them, and W. Clark further added, the Charter of Rhode Island was in his custody at Newport.
It was moved, that a Proclamation should be made through all the Colonies and Provinces of this government, that all officers both civil and military, should be con- tinued in their places of trust, and that the laws not repugnant to the laws of Eng- land in the several Colonies, should be, and observed during his Excellency's pleasure.
Ordered, That the Proclamation be drawn up and presented to his Excellency in Council, to-morrow, by nine of the clock, in the morning.
On Friday, Jolin Fitz Winthrop and John Jenks took their seats, as members of the preceding Council .*
Pelition of John Greene to the King.
To the King's Most Excellent Majesty, James the Second. The humble petition of your Majesty's most humble subject and supplicant, John Greene, in behalf of the respective towns and places in your Majesty's Collony of Rhode Island and Providence Plantations, in New England, humbly showeth :
That before your petitioner came from New England hither, with the said Collo- ny's address, one Mr. Richard Wharton, with his associates, Capt'n Elisha Hutch- inson, Mr. John Saflin, Capt'n Richard Smith, and Capt'n John Brown, had given interruption to severall towns within the limits of your Majesty's Collony and King's Province.
That since your petitioner's arrival here, I have received a letter from your Maj- esty's town of Warwick, in the Colony aforesaid, bearing date October the 9th, 1686, wherein they declare that the said Capt'n Brown still persists to interrupt them in their lands as well as the lands belonging to the town of Providence, but your petitioner doth the less admire at their boldness by interchanging on us your Majesty's subjects being they are so bold to endeavor to deprive your Majesty of your interest in the Narragansett and Niantick countries, called the King's Prov- ince. Your humble petitioner must needs acknowledge your Majesty's grace and favor to us in sending over his Honor, Sir Edmund Andros, Governor over us, being a person of good repute, and uninterrested in the respective claimes, and by whom, next under your Majesty, we have great hopes to have justice done us, as in him layeth. Your petitioner humbly prayeth your Majesty for some speedy re- liefe herein, either by committing the care thereof by your Royal letters to your Honored Governor, Sir Edmund Andros, or what other way your Majesty in your
. Mass. Hist. Coll. Vol. Vil pp. 102, 161, the, and Vol. Vitt. p. 150.
:
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great wisdom shall see most meet, whereby your Majesty's subjects enjoying their own in peace, may be the better enabled to serve your Majesty. And your peti- tioner shall always pray for your Majesty's good success and long and prosperons reign.“ Your most humble petitioner, JOIIN GREENE.
January the -, 1686-7.
Petition from Bristol to be excused from Tax Rate.
May it please your Exeelleney : Whereas, a warrant from the Treasurer has come to us, and another to the Constable, for a single country rate of one penny in the pound, to his Majesty for support of government, to be assessed and levied on our inhabitants, as per said warrant more fully expressed :-
We humbly offer to your consideration, this small isthmus or neck of land, on which our town is now settling, was purchased not long since by some of us, at a very dear rate, being a little spot, wanting many advantages of other plantations, our neighbors, of which our first purchasers and the Committee. appointed for the sale thereof, were very sensible. Our purchasers having therefore paid a consid- erable sum of money, and under strict obligation to settle a town in a short time, and so necessarily to confliet with many and great charges, and unavoidable difli- culties, the ordinary and sure concomitants of young plantations, on these consid- erations, and to encourage us in our beginning, the aforesaid Committee by the order, and having the approbation of the General Court of New Plymouth, sold and warranted unto us, as far as they could, some privileges, of which this was one, and not the last, viz. : that we should be exempted from all public country rates, charges, levies or assessments for seven years, it being an exemption or privilege usual to be given, though by us bought, at the first settling of towns, which term is not yet expired, something more than a year yet to come. Sir, we humbly hope for, and beg your ratification of these our purchased privileges. Be pleased to look upon us, as we are, a poor, infantine place, struggling with many difficulties and dis- couragements, not only wanting your favor in this particular aflair, but further beg- ging your Excelleney's benign goodness and gracious encouragement to be extend- ed to us, as your wisdom shall direct for our increase, and that our plantation, though small at present, may grow up and thrive under the happy cherishing and enlivening influence of your good government. Sir, we dare not further trouble you at present, but humbly beg pardon for these rude lines, which we justly fear [will] divert you from much more weighty affairs.t
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