Mr. Randolph's Proposals about Quo Warranto. August 18, 1685. To the Right Honorable the Lords of the Committee for Trade and Foreign Plantations. May it please your Lordships: More than nine months are passed since judgment was entered up for his late Majesty against the Charter of Boston, whereby the government of that Collony is invested in by his Majesty yet to this day. Some disaffected persons, under color of their vacated Charter, pretend to exercise a government there and countenance the breach of the Acts of Trade, by permitting their ships laden with Plantation commodities to go from thence directly to Holland, Scotland, &c., without first entering in England, as the law directs; greatly impairing thereby his Majesty's revenue, now increased by Act of Parliament. Now forasmuch, as there is no settled government in that Collony, and the loyal party y there (being the far greater number) have upon all occasions shown their readiness to submit to his Majesty's laws and commands, and are in daily expecta tion to be freed from the oppressions they have long groaned under, but being kept out of the government, are in no capacity to relieve themselves, or put a stop to the irregular trade, and other growing mischiefs complained of. It is therefore humbly proposed that his Majesty would graciously please forthwith to order a temporary government, by his commission to the best disposed persons upon the place untill such time as his Majesty's Governor Generall shall be dispatched from hence to take upon him the government of all the Collonys in New England. I likewise humbly represent, that I have solicited the five Quo Warrantos mentioned in his Majesty's order of Council of the 15th of July last, and served three writs upon the several proprietors of East and West New Jersey and Delaware. I am now attending to receive your Lordships' further commands about the two Quo Warr intos against the Collonys of Connecticut and Rhode Island, which are returnable the next term, now to the intent his Majesty's prosecutions against those Collonys be not by the difficulty of a winter's voyage rendered ineffectual. It is neces sary (as I humbly conceive) that some person be dispatched thither with orders to that purpose, upon the first ship which sails from hence to Boston; and if his Maj esty please, to commit that service to my charge, with the conveyance of a Commis sion to erect a temporary government there, I question not but to give his Majesty a good account of that affair; and also the two Collonys against which Quo Warrantos are issued, and so by that means bring the several Collonys in New England to a united and nearer dependance upon the Crown.* All which is humbly submitted by, &c. E. RANDOLPH. J. Carter Brown's Manuscripts, No. 197, 198, Vol. IV. Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations, at Providence, 28th of October, 1685. The Deputy Governor Moderator. Major John Greene chosen Clerke of the Assembly. The Court adjourned to eight of the clock in the morning. Dies Jovis. October 29th. In answer to the petition of the town of Westerly, concerning settling the easterly bounds of said town's jurisdiction, this Assembly taking the matter into serious consideration, do enact and order, that the easterly bounds of said town as to jurisdiction, shall extend to Pettacomscutt westerly line, and so to run as Pettacomscutt line runs northward, until it come to Pauquatuck River, so as to cause all the inhabitants that dwell therein to be liable to all manner of duties to that town as a town; and this to continue untill the Generall Assembly see cause to order otherwise. In answer to the petitions of Samuell Bennett, James Sweet, and Mark Roberts, concerning each of them desiring to have a lot and farm in East Greenwich, the Court see cause to grant their request, in order as they are named, if there be such lots and farms to be disposed of, and refer the disposition thereof, to the town of [East] Greenwich, to accommodate all three if possible. Ordered, That a Committee be chosen to consider of and bring in a result concerning the petition for settling a Plantation in the Narragansett and Niantick countries, subscribed by William Hopkins, John Warner, James Greene, Jun'r, and Henry Lilly, &c. The Committee chosen are Mr. Joseph Jencks, Major John Greene, Mr. James Barker, Mr. Nathaniell Waterman, Mr. Thomas Cornell, Mr. Benjamin Smith, Mr. Caleb Carr, Mr. John Heath, Lieut. Joseph Devett, they or the major part of them, to bring in their result to-morrow morning, at the Court's sitting. The Court adjourned untill to-morrow, eight of the clock in the morning. Dies Veneris. October 30th. The Committee aforesaid, having brought in their result, is as follows, viz.: We, the Committee, having been chosen to consider of and bring in our result to the Generall Assembly concerning the petition for settling a Plantation in the Narragansett and Niantick countries, for about one hundred and fifty families, &c., upon a serious consideration by the best information we can procure, we do declare, that we do conceive there is a sufficient accommodation for such a Plantation as the petitioners have petitioned for. Furthermore, we humbly take notice, of his Majesty's most gracious Royall letters, bearing date from Whitehal, June 26, 1685, wherein he is pleased most graciously to signify to our Honored Governor, of this his Majesty's Collony, that he should signify to the inhabitants his now Majesty's Royall care and protection to them in the preservation of their rights; and in the defence and security of their persons and estates, &c., which we judge a protection sufficient for this Honored Assembly to grant the petitioners' request. Furthermore, We do conceive that there ought to be a competent number of the petitioners, at least fifty to be in readi ness to begin the said Plantation; and for that end, and purpose, that their names be given in to the respective Magistrates and Conservators, to each town and place, betwixt this and the next Court, there to be returned and confirmed. Always provided, that the said petitioners shall settle at their own cost, and charge. For the speedy and more effectual settlement thereof, that this Generall Assembly be pleased to transfer their whole to the Governor and Councill, to hold Court or Courts in power, the Narragansett or Niantick countries, with all convenient speed, for the settling of the said Plantation; and to do any act or thing for the settling of Kings Town; and if they see cause, to divide them into more than one town. And to do any other act or thing necessary for the peace and welfare of his Majesty's subjects, as if the Generall Assembly were there present to act the same. Always provided, there shall always be at least seven of the Councill, the Honored Governor, or Deputy Governor, being one of the seven. And this their power to continue till further order. JOSEPH JENCKS, Assistant, JAMES BARKER, THOMAS CORNELL, 66 NATHANIELL WATERMAN, JOSEPH DEVETT, CALEB CARR, JOHN HEATH. The Assembly, upon serious consideration of the matter presented by the Committee aforesaid, and for the quiet and peaceable settlement of his Majesty's subjects, the petitioners, and speedy regulating of the defects of Kings Town, do enact and order, and it is hereby ordered, that this Generall Assembly do and have transferred and given their whole power to the Honored Governor and Council of this his Majesty's Collony, to hold Court or Courts in the Narragansett or Niantick countries, with all convenient speed, for the settling of the said Plantation, and to do any act or thing for the settling of Kings Town; and if they see cause, to divide them into more than one town. And to do any act or thing necessary for the peace and welfare of his Majesty's subjects, as if the Generall Assembly were there present to act the same. Always provided, there shall be at least seven of the Councill present at such Courts; the Honored Governor [or] Deputy Governor being one of the seven; and this their power to continue till further order. Whereas severall complaints have been made to the Generall Assembly of this Collony by severall women concerning their husbands deserting them, and so absenting themselves, not only to neglect providing for them, but also they cannot be heard from, which matter if not timely prevented, may give occasions for persons to break forth to the committing of folly, who otherwise might live honestly amongst their neighbors: for the preventing of such miscarriages, be it enacted by this Assem bly and the authority thereof, and it is hereby ordered, that if either husband or wife have or shall so desert their husband or wife, that they cannot be heard of in five years' time after their departure of such husband or wife, the said husband or wife shall be free from their said husband or wife. Only it is provided, that forasmuch as a negative cannot otherwise be made to appear, therefore the person, be it husband or wife that expects relief, shall positively give their engagement, together with other circumstances agreeing before a Court, that they have not heard from their said husband or wife so absenting themselves five years' time as aforesaid, whereupon the absent party shall be deemed as dead, and therefore the grieved party be released; any thing to the contrary in any wise, not withstanding. Ordered, That the Clerke of the Assembly transcribe the acts thereof, and send them to each respective town of this Collony; and the Recorder shall fix the seal of the Collony to each сору, that they may be sent forth with all convenient expedition. And the Clerke of this Assembly shall have seven shillings and six pence in money of each town. And the Recorder shall have two shillings and sixpence of each town, for entering the acts in the Book of Records, and setting the seal to each copy. Voted, That the Assembly is dissolved. Compared by the Court. JOHN GREENE, Clerke. According to the aforesaid act of the Assembly, the seal of the Collony affixed to nine copies. Per JOHN SANFORD, Recorder. |