Petition of John Foanes and others, relative to Lands.

To the Honorable the Governor, Deputy Governor, Assistants and Deputies for this his Majesty's Collony of Rhode Island and Providence Plantations, in their Generall Assembly at Providence, the 28th of October, 1685.

The humble Petition (or Address) of the Freemen and free born Inhabitants of said Collony is, and showeth :

That whereas, his Majestie, King Charles the Second, of blessed memory, over England, &c., out of his wonderful clemency, grace and favor by his Royal Charter under the great seal of England, bearing date at Westminster, the 8th day of July, in the fifteenth year of his reign, did invest your Honors with all priviledges as Collony, in altract of land which comprehendeth the Narragansett and Niantick country and with all priviledges, both of soyl and government, as by said gracious Charter largely appears, reserving nothing to himself, in lieu of all duty and services, but the fifth part of gold and silver ore, which from time to time shall there be found. And all this he confirms from him, his heirs and successors, to you, your heirs and successors for ever, (to be held, &c). The which said priviledges so contained in said Charter, with his Majestie's favor, from time to time thereon, hath been, and still is a brazen wall encompassing us, so that through the blessing of God thereon, we remain a people as monuments of his favor, to this day; notwithstanding the envy of others, which would from time to time have devoured us. And we being fully persuaded that the High and Mighty Prince James, our Dread Sovereign Liege Lord and natural King, will from time to time extend his like favor towards us, with as much compassion and tenderness as ever his Royal brother King Charles the Second, of blessed memory, hitherto has done, whose splendant rays of favor as from his Royal predecessors, will expel all the foggs and mists the enmity of malig nant and disaffected persons for their private ends may seem to bait us with; so that in all respects which shall be seen and appear to his Majestie, both real and loyal, as indeed we are. And that for conscience sake, and heing unanimously in this affair with sure and certain hopes of his Majestie's favor, shall endeavor with heart and mind to our utmost in all respects to walk worthy of the gracious grant contained in said Charter, and with all submission do earnestly desire that this his Collony may be peopled by us his Majestie's natural, loyal, loving and well-affected subjects, which we ingeniously do hope will be to the honor of God and our Prince's praise and renown; all which are unseparable.

And whereas, there is a convenient and suitable accommodation for at least one hundred and fifty families without the lines of Pettaquamscutt, Greenwich, Warwick and Westerly, in the Narragansett and Niantick country, of lands, commodious for present settlement, and undisposed of by your Honours; we humbly desire we may be favored therewith, which will be and remain on us a great and continuuall obligation, and preserve us from inconveniency and difficulty of purchasing land and settling other Collonys as hitherto we have been forced to do. And not only so, but be a means to keep out those vagrant, straggling, disloyal and disaffected persons that have attempted there to reside, to the dishonor of God and our Sovereign the King, and a disgrace to the members of this Collony in general. All which in submission, is humbly conceived.

Your petitioners, alias addressers, do therefore humbly pray your honors would be pleased to take the premises into your serious, candid and speedy consideration, in order to the answering our humble request; and to order a Committee to inspect into said lands, and that loyal and well-affected persons may be appointed in every town of this Collony to take cognizance, who are desirous and fit for present setllement, and to present their names to your Honors for your approbation, in order for their admittance on such terms and in such a manner as your Honors shall best prove of; or else some other prudent method or way, as your Honors in your wisdom shall see meet.

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We humbly craving your Honors' favor herein, in answering this our humble request, which will oblige your petitioners, alias addressers, beyond expression, your Honor and the Collony to serve. And as in duty bound, pray for the prosperity of both, so long as we remain.

Subscribed in behalf of ourselves and the rest of the freemen and free born inhabitants of his Majestie's English Collony of Rhode Island and Providence Plantations. WM. HOPKINS,

JOHN WARNER,

JAMES GREENE, Jun'r,
HENRY LILLY.

The petition granted, and the Committee chosen and appointed, was done and effected at the sitting of that Assembly, as we have information.

(Signed.)

[October 28, 1685.]

JOHN FONES.

[Several claimants sprung up at this time for the lands in the Narragansett country, who memorialized the King in relation to the same. One petition was from Thomas, Lord Culpepper, Richard Wharton, Thomas Dean and William Wharton, for themselves and others. They assert their "claim to be by purchase from the Indyans, and by other legal means." The other from James, Earl of Arran, son and heir of William, Duke of Hamilton, who based his claim upon a grant from James the First to his grandfather. The latter claimed from the mouth of the Connecticut river sixty miles, " and so up the westward arm of the river, unto the land north westward, till sixty miles be finished; and so to cross south-west-ward till sixty miles; all which part and portion of lands were to be called by the name of the country of New Cambridge, now the Narragansett country and King's Province, with severall other lands and privileges," &c. These petitions were, by his Majesty in Council, referred to the Lords Commissioners for Trade and Plantations.

There appears to have been no final action upon Lord Culpepper's petition until April 10, 1688, when the Lords Commissioners reported to the King on the same. By this, it appears Lord Culpepper and his associates petitioned a second time in January, 1688, and that Sir Edmund Andros had made some report" touching the claims of the petitioners." The Commissioners now recommend to his Majesty to signify to Sir Edmund Andros to the effect "that the said partners [Lord Culpepper, Richard Wharton, Thomas Brinley and others] have an equitable pretension to our favor preferable to others, in receiving grants of the said country or part thereof; and we do hereby direct and require you to cause to be made out to the said partners, Patents and Grants of said parts of the said Narragansett country or King's Province, as others of our subjects are not possessed of; and that all due encouragement be given them and others employed by them, in settling and im

proving the same under the quit rent of two shillings and sixpence, payable unto us for every hundred acres of land so to be taken, pursuant to our instructions. Provided the said grants or any part of them, be not prejudicial to our service, or the right of any of our subjects, whose titles and pretensions to the said tract of land or any part thereof, we do hereby refer unto your further examination, willing and requiring you to return unto us your opinion in all matters wherein any difference or dispute shall arise, relating to the said Narragansett country, or concerning the further improvement thereof, which you shall not be able to determine the place, together with such a map or survey of the said country, that we may give further order touching the same," etc., etc.]—J. Carter Brown's Ms., Vol. IV. Nos. 190, 191, 192, 193. Ibid. Vol II. No. 13.

Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 4th of May, 1686.

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For Warwick.

Mr. Randall Howldon,
Mr. James Greene, Sen'r,
Capt'n Benjamin Gorton,
Mr. Samuell Stafford.

For Westerly.

Mr. Jeffrey Champlin,

DEPUTIES.

Mr. John Maxon.

For East Greenwich.
John Sanford,
Mr. Thomas Nicolls.

For James Towne.
Mr. Josiah Arnold,

Mr. Joseph Morie.

Voted, Richard Evans, a freeman of the town of Newport, on his request, is admitted a freeman of this Collony.

Voted, Daniell Fish, Thomas Townsend, William Wodell, Jun'r, Thomas Potter, Stephen Cornell, Nathaniell Potter, Jun'r, and Robert Fish, being freemen of the town of Ports mouth, are admitted freemen of this Collony.

Voted, This Assembly is dissolved.

At the Generall Assembly and Election held at Newport, the 5th of
May, 1686.

The Assembly consisted of the above written Governor,
Deputy Governor, Assistants and Deputys.

Mr. Walter Clarke, Deputy Governor, chosen Moderator.
John Sanford, Recorder, chosen Clerke.

The Charter openly read.

Voted, That the same persons at the Assembly of Election in May last, and the same method, care and order that was by the said Assembly taken concerning the Election, be now again by them duly observed, and that the Election forthwith proceed.

By the Election was chosen the following, who were sever ally engaged.

GOVERNOR.
Mr. Walter Clarke.

DEPUTY GOVERNOR,

Major John Coggeshall.

ASSISTANTS.

Mr. John Easton,
Mr. Walter Newberry,
Mr. Edward Thurston,
Capt'n Arthur Fenner,
Mr. Joseph Jencks,
Mr. Richard Arnold,
John Coggeshall,
Mr. George Lawton,
Major John Greene.
Mr. Samuel Stafford.

RECORDER.

John Sanford.

GENERAL SERGEANT.

Mr. Edmund Calverly.

GENERAL TREASURER.

Mr. John Woodman.

GENERAL ATTORNEY.

Mr. John Williams.

MAJOR FOR THE ISLAND.

Major Roger Goulding.

MAJOR FOR THE MAINE.

Major John Greene.

Mr. Edward Thurston and Mr. Joseph Jencks, Assistants, Mr. James Barker, Mr. Robert Hodgson and the Recorder are chosen a Committee to go to our late Honored Gov'r, Henry Bull, Esq'r, and of him demand the Charter, and all other papers, books and parchments in his custody to this Collony belonging, and they are empowered on this Assembly's behalf to give our said late Governor a full discharge for what they receive, and they are to return the same to this Assembly.

Voted, The Deputy Governor, Mr. John Coggeshall, Major Peleg Sanford, and Mr. Thomas Ward, are chosen and appointed, they, or the major part of them, a Committee to audit the late Generall Treasurer, Mr. Weston Clarke's accounts concerning this Collony, and of him receive the books, accounts and effects to this Collony belonging, and on the behalf of this Collony, give the said late Treasurer a full discharge for what is received, and return the same to the now late Treasurer, Mr. John Woodman, and render an account of their proceeds herein unto the next sitting of this Assembly; and they are to hold their first meeting on the 10th of this instant month, May, and as they see cause, adjourn untill the matter be finished within the time aforesaid. And are to be allowed out of the Generall Treasury each person the sum of two shillings, six pence a day, for their travell and trouble therein.