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 4

Author: Rhode Island. cn; Bartlett, John Russell, 1805-1886. cn
Publication date: 1856
Publisher: Providence, A. C. Greene and Brothers, state printers [etc.]
Number of Pages: 604


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 4


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Voted, That his Majesty's letter to this government brought by Capt'n Randall Howldon and Capt'n John Greene, be read in this Assembly.


Voted, That his Majesty's letter haveing been read in this Assembly, be alsoe againe read openly in the Assembly.


Voted, That a letter from Mr. Robert Mason, to this Collony, be openly read.


Voted, In answer to his Majesty's letter to us, That a Com- mittee be appointed to draw up their result.


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1. In way of answer humble returnes of thankfullness to his Majesty for his grace and favours to us.


2. That a true account may be rendered his Majesty con- cerning Mount-hope Neck.#


* [It appears that Randall Holden and John Greene, were in England at the time the subject of Mount Hope was occupying public attention, and that they were called upon to give information relative thereto, to which they made the fol- lowing reply] (see Brown's Mss., Vol. II. 127) :


To the Right Honorable the Lords Committees of Trade and Plantations :


In obedience to your Lordship's commands of the 29th of January, signified to us by Mr. Blathwait, that wee should give answer unto some questions proposed by your Lordships concerning Mount Hope, in New England.


Wee doe according to the best of our knowledge humbly informe your Lord- ships.


1. The extent of land is not much, it being a neck of land abutting upon the sea, and lying between the Colonies of Rhode Island and Plymouth, containing about four thousand acres.


2. The value, wee conceive to be about four thousand pounds. It is at present uninhabited.


3. Wee conecive the propriety of those lands to be in his Majesty, and that no Corporation in New England hath any right thereunto. It did lately belong to the Sachem Phillip, and was inhabited by him and his subjects, who are uow wholly de- stroyed by the late Indian warr ; and although some of the neighbouring Colonies would pretend a right by conquest, yet wee conceive none can have a reall title thereto but from his Majesty, who is the Soveraigne Lord of all that country.


All which is humbly certified to your Lordships.


(Signed.) RANDALL HOWLDEN, JOIINN GREENE.


3d February, 1678-9.


[ About the same period, a petition was presented to the King, from John Crown, in behalf of his father Wm. Crown, late proprietor of a part of Nova Scotia and Acadia, setting forth that in consequence of the delivery of that country to the French, " the petitioner and his family have sustained almost utter ruin," and for which they have never presumed to ask any compensation. " But now there happening to be in your Majesty's disposall a small tract of land in New England, called Mount Hope, lately in the possession of certain Indians destroyed in warr by your Majesty's subjects, which at present remains desolate and uninhabited, the petitioner humbly prays that you Majesty will bestow said small tract of land upon him for the support of his parents and family."


This petition was by his Majesty's Councill, on the 24th January, 1678-9, re- ferred to the " Committee on Trade and Plantations ;" who, on the 6th February following, reported,


" That the neck of land called Mount Hope, in New England, not being in the Colony of Massachusetts, and neyther of us having been upon the place, cannot certainly informe the quantity thereof, but suppose it may contain not above five or


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RECORDS OF TIIE COLONY OF RHODE ISLAND,


[1679.


3. That an account soe farr as we are able, may be given to his Majesty concerning the late warr with the Indians, and


six thousand acres, at the most ; much less can we acquaint your Lordships with the value of said tract, there being no common rule in New England, whereby to sett a price upon lands, especially such as are not inhabited or improved by the Eng- lish. Butt in generall we know, that whereas the soyle of the Colony is mostly very poor and barren, this necke of land is accounted one of the best parts thereof, and was never by any doubted to be within the bounds of his Majesty's Colony. And very probable it is that it will be disposed of to particular persons before any notice of Mr. Crown's petition to his Majesty will arrive there.]


" We further make bold to pray your Lordships as on the behalf of the New Plymouth Colony, so also of the other Colonies, that his Majesty may be informed, that there are no lands lying among them, that are not clearly contained and fully conveyed, in and by the Charters already granted to those his Majesty's Colonies respectively ; and that besides the lands now vacant, by the removal of the Indians, our enemies, they have nothing else come into their hands towards the defraying of the vast charge of the late warr, whereby not only many families, but whole towns were ruined, and the country in generall extremely impoverished and brought into debt, etc. etc.


WILLIAM STOUGHTON, PET. BULKELEY.


[On the 29th of January following, a note was addressed by the Council to the Agents of Massachusetts and Rhode Island, then in London, submitting to them the following questions, and requesting an answer thereto.]


1. " What is the extent of the lands of Mount Hope Bay, in length and breadth ?


2. What is the value of those lands at present ?


3. Whether there be any claime of propriety to said lands made by any of the neighboring corporations, or the inhabitants thereof?"


[To these the Agents, or as they are elsewhere called, the " Committee for Trade and Plantations," made the following report.]


Report and Order in Council concerning Mount Hope.


At the Court at Whitehall, the 6th of February, 1678. Present. The King's most Excellent Majesty in Councill. A Report from the Right Honor- able the Lords of the Committee for Trade and Plantations, being this day read at the Board in the words following :


May it please your Majesty :-


Upon receipt of your Majesty's reference in Councill of the 24th of January last, directing us to consider the petition of Mr. John Crown in behalfe of his father, William Crown, praying your Majesty to grant unto him the lands of Mount-hope, in New England, in compensation of the great losses hee had sustained by your Majesty's surrender of Nova Scotia unto the French, as being late proprietor in part of the country. Wee have taken much informations concerning the said tract of land, called Mount-hope, as the Deputies of New England which are now attend-


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what else they see good, and make returne to this Assembly for their approbation.


The persons appointed are Mr. Thomas Ward, Capt'n Al- thur Fenner, Mr. John Whipple, Capt'n John Albro, Capt'n Samuell Gorton, Mr. Joseph Jencks, Mr. John Williams, and Capt'n John Foanes ; and alsoe that they draw up some lines to Sir Robert Southwell, Mr. William Blathwaite, and Mr. Robert Mason.


Voted, That a prohibition be drawne up and sent from this Assembly unto the townes of Westerly and Kings Towne, to prohibitt all persons belonging to Connecticut, or inhabiting in the Narragansett and Niantick countrys, or King's Province, from exercising any jurisdiction or authority in the King's Province, by virtue of any authority from any other Collony ; and to require all persons there inhabiting, to yield and give obedience to his Majesty's authority, in this Collony.


ing your Majesty, were able to give us; and wee find that the said land was belong- ing unto the Sachem Philip and his adherents, destroyed by your Majesty's subjects in New England, in the late warr against the Indians.


But whereas the said Deputies do not give any positive or concurrent answer as to the extent, value and propriety of the said land, and it being not agreeable with your Majesties justice to make any grant or disposall thereof, untill your Majestie bee informed of the right and title which the neighbouring Colonies may pretend unto the said country, which appears to have been conquered by them not without great charge and bloudshed. Wee are most humbly of opinion that your Majesties letters be sent unto the four Colonies of the Massachusetts, Plymouth, Rhode Island and Connecticut, in New England, requiring them to certifie unto your Majestie with all speed, the true extent, value and propriety of the said lands call Mount- hope, with the gronnds and evidences of their respective claimes (where any shall be made), that your Majestie may thereupon give such order as shall sute with your Royall justice and bounty ; your Majestie having not as yet received the least intimation from any of the said Colonies concerning the conquest, claime or dispos- all of the said country. All which, &c.


ANGLESEY, ESSEX, CRAVEN, AILESBUY, HI. LONDON.


Councill Chamber, 6 Febr., 1678-9.


His Majestie in Councill was graciously pleased to approve the said Report, and to order as it is hereby ordered, that the matter contained in the said report bee added to a letter which is now preparing for his Majesty's Royall signature, to bee sent to the four Colonies of New England, concerning the Narragansett country.


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RECORDS OF THE COLONY OF RIIODE ISLAND, [1679.


The Prohibition.


Whereas, wee have received a gracious letter from his Maj- esty, to his Majesty's Collony, dated at his Court at Whitehall, the 12th of February, 1678-9, wherein his Majesty is pleased to give his Royall determination that he is pleased to confirme the jurisdiction and government of the Narragansett and Nian- tiek countrys unto this his Collony, according to the true set- tlement thereof by his Honored Commissioners, expressed in their acts in March, 1664-5, and Aprill, 1665, and therein commanding all others to be obedient thereunto."


* Letter from Charles II., concerning Mount Hope and the Narragansett Country. Trusty and well-beloved, wee greet you well :


Whereas, in pursuance of an order of our Privy Councill of the 4th of Decem- ber last, directing our well-beloved subjects William Stoughton and Peter Bulke- ley, Agents from the Corporation of the Massachusetts Bay, in New England, to show by what authority or title Simon Bradstreet, Deputy Governor, and other in- habitants of that country had by a printed paper called an Advertisement, dated at Boston, the 30th of July last, laid claim to the lands of the Narragansett and Niantick countrys, called the King's Province, they the said Agents did declare that the government of the Massachusetts Colony is not at all concerned in this claime, but only some inhabitants who had purchased those lands from the Indian Sachem. And whereas our well-beloved subjects Randall Holden and John Greene, Deputies in the Colony of Rhode Island, have certified our said Privy Conneill (of their certain knowledge as having inhabited that country for above forty years) that never any legall purchase had been made thereof from the In- dians by the Massachusetts or any others ; and there being likewise produced an Act of the voluntary submission of the Chief Sachim and the rest of the Princes with the whole people of the Narragansetts unto the government of our late Royall Father of blessed memory, together with two Declarations made by our Commis- sioners of the 20th of March, 1664, and 8th of Aprill, 1665, whereby it appears, that they had then received from some of the principal Sachims of the Narragan- sett Indians, a surrender of themselves, their subjects and their lands to our gov- ernment and dispose, not only by their personall acknowledgements and send- ing us presents, but by putting into the hands of our said Commissioners the deed aforementioned of the 19th of Aprill, 1644; and that as for the pretended purchase made by Major Atherton and others, of the Massachusetts Colony, our said Com- missioners did then decelare the said purchases to bee void, ordering the said pur- chasers to leave the use and possession of those lands, and that the Magistrates of Rhode Island should exercise the authority of Justices of the Peace iu the Narra- gansett country, by them called the King's Province, and do whatever they should think fitt for the peace and safety thereof, untill our further pleasure should bec knowne. Wee having taken the premises into our Royall consideration, have thought fitt hereby strictly to will and require you to take care that all things re-


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Therefore, in obedience and in pursuance of his Majesty's gracious favour to us, and for the information of the inhabit- ants in said Narragansett and Niantick, and for the preventing their running themselves into hazards and difficulties, that hereafter may prove greatly to their damage.


lating to the said Narragansett country or the King's Province, bee left in the same condition as now they are, or have lately been in, as to the possession and govern- ment thereof; and the absolute and immediate sovereignty, as well as the particular propriety of all that country appearing by the surrender of the Sachims to bee vested in us; our further pleasure is, that you do forthwith signify to all persons within your government, who pretend any right or title to the soile or government of the said lands, that they do with all speed and by the first convenience, send over hither persons, sufficiently empowered and instructed to make their right and title appcare to us; and that upon default thereof, wee will proceed to give such order for the government and settlement of the said Province, as wee shall judge to bee most consistent with justice and the good of such of our subjects, who already do inhabite or shall desire to make any further improvement within the said Province.


And whereas, wee have been humbly informed by our well-beloved subject, John Crown, gentleman, that his father, William Crown, had sustained a great losse by our surrendering Nova Scotia unto the French, of part of which country hee was proprietor ; and therefore praying us to grant unto him the lands of Mount-hope, in New England, in compensation thereof, and wee having referred the considera- tion of that his humble suite to the Lords of the Committee of our Privy Councill for foreigne Plantations, and having received their opinion upon that matter, that it appears to them that the said land did belong to Sachim Philip and his adherents, and was conquered by our subjeets in New England, in the late warr against the Indians, not without great charge and blood-shed. Wee have thought fit hereby to signifie the same to you, together with our pleasure, that you forthwith certify unto us, what right or title any of our Colonies there may pretend unto the said country, and also the true extent, value and propriety of the said lands of Mount-hope, with the grounds and evidence of their respective claimes, if any shall be made, that wee may thereupon bee enabled to give such further direction and order as may suit with our Royall justice and bounty. And wee cannot upon this occasion but take notice to you that wee have not hitherto received from you or any other of the said Colonies, the least intimation, much else account of the conquest, elaime or dis- posall of the said country, not doubting but for the future you will be more carefull to advertise us or our Privy Councill of matters of this kind, and which do any way relate to our prerogative, or authority. And so wee, &c., given, &c., Whitehall, Febr. 12th, 1678-9, in the 31st year of our reigne.


By his Majesty's command.


SUNDERLAND.


To our trusty and well-beloved the Governor and Magistrates of the Colony of Rhode Island and Providence Plantations, in New England, now and for the time being.


The like letter above was sent to the other three Colonys, viz. : New Plymouth, Massachusetts and Connecticut.


:


1


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RECORDS OF THE COLONY OF RHODE ISLAND, [1679.


Wee, the Assembly of his Majesty's Collony of Rhode Island and Providence Plantations, in true and loyall obedience to his Majesty's long and yett continued favours, and late commands : hereby give notice, fore-warne and prohibitt, all persons of what degree soever, being and belonginge unto the towne of Westerly, adjoining to Pawcatuck, alas Narrogansett river, and any other place in the Niantick and Narragansett countrys, in the King's Province, from yielding, rendering or owninge any obedience unto the Collony of Connecticut, or any government, except the government of his Royall Majesty established in this his Collony of Rhode Island and Providence Plantations, and King's Province.


And this is further in his Majesty's name to require and command all the inhabitants of Westerly (alias Miscomoqutt) aforesaid, to be observant and truly obedient as they ought to be, unto his Majesty's authority, according to his Royall pleasure, to and in this Collony derived, and placed ; else they must expect to answer the contrary on such penaltys as the law in such cases hath provided.


By order of the Generall Assembly of his Majes- ty's Collony of Rhode Island and Providence Plantations, and King's Province.


JOIIN SANFORD, Recorder.


Postcript. And further, this is to signify and declare, that by the authority aforesaid, all persons of what degree soe-ever, inhabiting or belonging to the jurisdiction of the Collony of Connecticut, are hereby in his Majesty's name fore-warned, for- bidden and commanded, not to assert or exercise any authority or government, in any part of this Collony, on the east side of the afore-said Pawcatuck river, or they must expect to be presicuted against according to law and justice.


Signed by order of the Generall Assembly of his Majesty's Collony of Rhode Island and Provi- dence Plantations, and King's Province, sitting at Newport, the 9th of July, 1679; and by their order the seale affixed.


Per JOHN SANFORD, Recorder.


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Voted, That the above-written Prohibition shall be signed by the Recorder, on behalfe of this Assembly, with the seale of the Collony affixed.


Voted, That the duplicate of the Charter is committed to the keeping of the present Deputy Governor, untill called for by the Assembly.


Voted, That the Committee yesterday appointed to draw up our thankfull returnes to his Majesty, &c. ; and they not have- ing finished that worke to them committed, are still continued, and the Honored Governor, the Deputy Governor, and John Sanford are added to them for the performance of that worke, and make returne to this Assembly for their approbation.


Letter to King Charles the Second.


Dread Soveraigne :


In true loyalty, we most humbly render your Royall Majes- ty an account of our receiving your gracious letter to us (by the hands of your faithfull subjects Capt'n Randall Howldon and Capt'n John Greene), bearing date at your Court at Whitehall, the 12th of February, 1678-9; and alsoe your Majesty's letters, to your Colonys Massachusetts, Plymouth and Connecticut: which wee have taken speciall care to de- liver to the severall governments, according to your Royall directions. And as to your Royall commands to us, wee doe with all cheerfulness and alacrity yield obedience, and to the utmost of our abillity and power shall (soc farr as God shall enable us) readily and faithfully bee obedient to your Royall commands formerly and now ; and alsoe to such as your Maj- esty in your wisdom and justice shall please for the future to lay upon us : for the maintaining and upholding your Majes- ty's honour and interest, and the good and weale of your Majesty's loyall subjects, in these remote parts of your domin- ions, in this your Majesty's Collony of Rhode Island and Provi- dence Plantations, in New England, in America.


And concerning the late war with the Indians, wee render your Majesty this account. It began in June, 1675, and first


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RECORDS OF THE COLONY OF RIODE ISLAND, [1679.


broke forth between Sachim Phillip and the Collony of New Plymouth, and was prosecuted by the three United Collonys (as they tearm themselves), and afterwards severall other Na- tions of the Indians were concerned in the said war, whereby many or most of your Majesty's subjects in these parts were greatly distressed and ruined. Butt this your Majesty's Col- lony not being concerned in the said war, only as necessity re- quired, for the defense of their lives, and what they could of their estates, and as countrymen and fellow subjects, did with our boats and provisions, assist and relieve our neighbours ; wee being no otherwise concerned, cannot at present render your Majesty a full and ample account of those affaires ; only this wee are bold to informe your Majesty, that Sachim Phillip, the beginner of the warr, was slaine (in Mount Hope neck, where the warr began) by an Indian belonging to this your Majesty's Collony. He was one of a small company under the command of a Captaine of Rhode Island, in this your Majesty's Collony, who was then in that engagement, with a Captaine of Plymouth forces as volunteers.


And most gracious Soveraigne, wee humbly beg your par- don for our remissness in not giveinge your Majesty an ac- count sooner (soe far as wee were able) of those wars and troubles, in hopes for the future wee shall bee more carefull and observant.


And concerning that tract of land called Mount-hope, that belonged to Sachim Phillip and his adhereants, and were con- quered by your Majesty's subjects of New England, in the late Indian war; the contents thereof is about seven thousand acres, a plat thereof we have caused to be taken, and herewith present to your Royall Majesty ; the soil for the more part, is fertill, the vallue is esteemed to be three thousand pounds ster- ling, as now it is being uncultivated; the scittuation whereof being on the east side of the Narragansett Bay. And wee humbly conceive by your Majesty's gracious Charter to us granted (the easterly bounds whereof extends itselfe to the castward of the said Bay three English miles), within which limmitts the said lands called Mount-hope Neck or the greater


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part thereof, is scittuated. But it was by your Majesty's hon- orable Commissioners, when in these parts of your Majesty's territorys, settled to be under the government of New Plym- outh, untill your Majesty's pleasure were further knowne.


And most dread Soveraign, wee in all humble manner im- plore and beg your Excellent Majesty in your gracious elem- ency and wisdom, to take the present condition of your poore subjects of this your Majesty's Collony of Rhode Island and Providence Plantations and King's Province, that those lands being within the limmitts of your gracious Charter to us, alsoe settled upon us by your Majesty's Honourable Com- missioners, and now confirmed by your Royall Letters, as is above expressed ; notwithstanding the United or Confederate Collonys (as they tearme themselves) have endeavored to in- sult over your loyall people, and have forbidden us the exer- cise of your Royall pleasure, as to the government thereof. And alsoe have as we are informed, consulted to dispose of the said Province lands, as their conquest. Though wee know such lands are only to be disposed at your Royall pleasure, which was the natives, unpurchased by the inhabitants of this your Majesty's Collony. That your Majesty will please in your benigne favour and bounty, to give and grant to us, the priviledges and libertys of the free and cleere enjoyment of the possession of all those lands, by your Majesty's subjects of this Collony, formerly leagally purchased by them of the na- tive Indians. That thereby your Majesty's subjects, may be the better enabled to yield all due allegience and obedience unto your Majesty's authority in this your Collony ; not doubting your Majesty in your Princely clemency will be pleased to encourage the settlement and increase of this your Majesty's Collony, and bee graciously pleased to understand that many of the youth and others of this your Majesty's Col- lony have been constrained for want of lands, to remove them- selves and estates into other Collonys, to the great weakening and impoverishing of this your Majesty's Collony : the youth of this Collony being indisposed to live under any other gov- ernment, being naturally inclined to true loyallty, as was and


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[1679.


is their predecessors, who ever had a loathing to any usurped power, repugnant to your Royall pleasure and authority. And therefore humbly bescech your Majesty that such of this your Collony, that want settlements, may be supplyed out of those vacant lands, unsettled in your said Province, before any others.


And that it may be enjoyed upon the same tearmes as is expressed in your gracious Charter to us.


And dread Sovereigne, wee in all humble and bounden duty, prostrate our reall, true, hearty and thankfull acknowledge- inents unto your sacred Majesty, for all your former and pres- ent Royall favours and bountys to us your poore subjects of this your Collony, soe often and soc graciously extended, which wee hope will still bee continued ; and alsoe our humble thankfull returnes unto your Majesty for those your gracious favours on our behalfe, afforded to our honoured neighbours and friends, Capt'n Randall Howldon and Capt'n John Greene.




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