His Majesty having been pleased to appoint his said Lordship, the Earl of Bello. mont to be Governor and Commander in Chief of his Provinces of the Massachusetts Bay, New York and New Hampshire, with powers also of Captain Generall over the Collonies of Connecticut, Rhode Island, and other places; explaining however his Royall intention therein, that in time of peace the militia within each of the said Colonies be left to the government and disposition of the respective Governors of the same. Yet so nevertheless, that in case of apparent danger or other exigency, his Lordship do at all times take upon himself the superior command of those forces, according to the tenor of his commission, you are accordingly upon all occasions, relating to the Collony of Rhode Island, to give obedience to his Majesty's pleasure therein.

Whereas the Lords spiritual and temporal in Parliament, did by an address in their late session, humbly represent to his Majesty as a matter of great importance, both to this kingdom and to his Majesty's Plantations in America, that the many good laws which have from time to time been made for the government of the said Plantations, should be strictly observed and put in execution; and in order thereunto did humbly propose to his Majesty, that the severall proprietors of the Plantations, where his Majesty hath no Governors of his own nomination, may enter into security, that their respective Deputy Governors, shall from time to time observe and obey all Instructions that shall be sent to them from his Majesty, or any acting under his authority, pursuant to the severall acts of Trade relating to the Plantations, and particularly (the Colonies of Connecticut and Rhode Island and Providence Plantations having their Governors and Assistants chosen annually by the people there), having no proprietors here in England, and being become a great receptacle for pirates, and carrying on illegal trades, contrary to the acts for the government of the Plantations. That the Governors of those severall places may therefore be obliged to give the like security in that behalf, his Majesty hath thereupon been pleased to direct the Right Honorable the Earl of Bellomont to require such security from you for the Collony of Rhode Island.

And we give you this notice thereof, in order to your complyance with what has been thus required by his Majesty, in pursuance of the said address of the Lords spirituall and temporall in Parliament. So we bid you heartily farewell.*

Whitehall, 26th August, 1697.

Your very loving friends,

J. BRIDGEWATER,

PH. MEADOWS,
JNO. POLLEXFEN,

JNO. LOCKE,
ABR. HILL.

* J. Carter Brown's Manuscripts, No. 22, Vol. III.

Peleg Sanford to the Board of Trade.

Newport, January 31st, 1697-8.

May it please your Lordships: I account myself bound in duty to give your Lordships an account, that on the 7th day of this present month of January, I received from the hands of Jahleel Brenton, Esq'r, his Majesty's commission, dated at his High Court of Admiralty of England, the 26th day of June last, to me, to hold and execute the office of Judge of the Court of Admiralty, in this Colony of Rhode Island, &c. Wherefore, in obedience to his Majesty's pleasure therein (and that I might be enabled and qualified to discharge that trust reposed in me), on the 12th day of this said month of January, I went to the Generall Assembly of this Colony then assembled at this town of Newport, and there presented the said commission to Walter Clarke, Esq'r, Governor of this Colony, then sitting in that Court, desiring their publication of said commission, and their assistance to me, in the execution thereof, and that they would administer to me the oath, for my faithfull executing the said office. The said Clarke replied, that they would consider thereof, and send the said commission to the lower House; but before the lower House had read the same, the said Clarke privately left the upper House, and went to the lower House, and there acquainted them that such a commission was sent to Peleg Sanford, as was a violation and infringement of their Charter right and priviledges, and if they allowed thereof, he would take his leave of them, and there would be no more choice or Election according to their Charter. But the said lower House returned that commission to the said Clarke, or upper House, not being prevailed with to do anything in opposition thereto.

Soon after this, the said Clarke adjourned the said Assembly, but detains from me the said commission, and positively refuses to deliver the same, though I have severall times demanded it of him. I am humbly of opinion, that if ever he should restore to me the said commission, those persons at present in government here, will refuse to administer to me an oath for executing the said office, &c., without which, I dare not presume to act therein.

I humbly submit this whole matter unto your Lordships' great wisdom, and remain, your Lordships' most humble servant, PELEG SANFORD.

Report of Peleg Sanford, Francis Brinley and Jahleel Brenton to

the King.

May it please your Majesty: Whereas your Majesty, by your commission, under the great Seal of England, bearing date at Westminster, the 23d day of May, in the ninth year of your Majesty's reign, was graciously pleased to authorize and appoint Edward Randolph, Peleg Sanford, Francis Brinley, Jahleel Brenton, Nathaniel! Byfield, Thomas Newton, Esq'r, or any five of the members of the Councill, and the Collector of your Majesty's Customs for the time being, within your Majesty's Colony of Rhode Island, or any three or more of them, to administer to the Governos or Commander in Chief of your Majesty's said Colony (by virtue of severall acts of Parliament, mentioned in the said commission), a solemn oath to do their 30

VOL. III.

utmost, that all the clauses, matters and things, contained in severall acts of Parliament (mentioned also in the said commission), shall be punctually and bona fide observed, so far as appertains to the said Governors or Commanders in Chief respectively, as in the said commission, and the severall acts of Parliament therein mentioned, is at large expressed.

In obedience to your Majesty's commands, we, your Majesty's said Commissioners, whose names are hereunto subscribed, do humbly report to your Majesty, that on the 17th day of this present month of January, at the town of Newport, in the aforesaid Colony of Rhode Island, we went to the dwelling house of Walter Clarke, Governor of the said Colony, and did then and there show to the said Walter Clarke, your Majesty's said commission, and the oath which is mentioned in [it], and wrote down after the said commission; and did also offer and tender to the said Walter Clarke the said oath, which oath the said Walter Clarke did positively refuse to take. Likewise, on the 21st day of this same month of January, we went to the said dwelling house of the said Walter Clarke, and did then also show to him your Majesty's said commission, and did demand of him if he would take the said oath, and the said Walter Clarke did then also positively refuse to take the said oath.

Of which, in all humble obedience to your Majesty's said commission and commands to us, we make this our report.

Your Majesty's most loyal and most dutiful subjects,

PELEG SANFORD,
FRANCIS BRINLEY,
JAHLEEL BRENTON.

Dated at Newport, this 31st day of January, 1697-8.

The Board of Trade to the Governor and Company of Rhode Island.

To the Honorable the Governor and Company of his Majesty's Collony of Rhode Island and Providence Plantations, in America.

Gentlemen: We send you herewithall, his Majesty's Proclamation of the 28th of the last month, prohibiting his subjects to enter into the service of foreign Princes, and States, that you may cause it to be published in the usual places within his Majesty's territories under your government; and as much as in you lies, take care that his Majesty's pleasure therein expressed, be duly observed, and the transgressors thereof punished.

At the same time, we are also to let you know, that his Majesty having been pleased, amongst other things, to require us to examine into and weigh the acts of the Generall Assemblies of his severall Plantations in America, in order to represent unto him our observations upon their usefulness or inconveniency, and those of Connecticut not being found amongst the rest that are in our custody, we there fore expect that you transmit unto us authentick copies of all the acts or laws of that Collony, with all possible diligence. So we bid you heartily farewell.

Your very loving friends,

J. BRIDGEWATER,
PH. MEADOWS,

WM. BLATHWAYT,
JNO. POLLEXFEN,

Cockpit, February 23, 1697-8.

ABR. HILL.

Jahleel Brenton to the Board of Trade on Rhode Island Affairs.

Boston, March the 8th, 1697-8.

May it please your Lordships: On the 8th of December, I arrived in this Bay, and some little time after my arrivall, I went to Rhode Island, and there delivered to the Governor and Company those letters your Lordships were pleased to entrust me with the conveyance of. I also brought with me a commission, under the great Seal, to administer to the Governor of Rhode Island an oath according to severall acts of Parliament, made for the Plantation trade, which the said Governor (who is a Quaker) hath refused to take. Enclosed, I humbly transmit to your Lordships the Report concerning the same.

I likewise brought with me a commission to Peleg Sanford, Esq'r, to hold and execute the office of Judge of the Court of Admiralty in the said Collony, and a Commission to Nathaniel Coddington, Esq'r, to execute the office of Register of the said Court. Both which commissions having been showed to the said Clarke, requiring his assistance in the execution thereof, &c., the said Clarke detained and kept the same, the said Sanford, by his letter enclosed, hath humbly acquainted your Lordships therewith.

And I think it my duty likewise to acquaint your Lordships that the said Clarke, in the month of May, 1696, was chosen Governor of that Collony, and in June following, he refused to subscribe the Association, which is required by the act made for the better security of his Majesty's Royall person and government; though the same was generally subscribed by others in that Collony at that time.

I am humbly of opinion, that if his Majesty would be pleased to grant forth a Commission to such persons in that Collony (as to his Majesty in his wisdom shall seem meet), empowering them to examine upon oath, and make report of these matters, to his Majesty ia Councill, and that if the said Clarke were commanded to make his appearance, and there answer for the same, it would deter others from the like practices for the future; but if he should be no ways called to account for these facts, his Majesty's loyall subjects in that Collony will be utterly discouraged. And I further beg leave to acquaint your Lordships, that I am humbly of opinion, it would much conduce to his Majesty's service, and the good of his subjects in the Collony of Rhode Island, that the government of that Collony were commanded to print all such laws, as have been there made, and are now in force. For they are so meanly kept, and in such blotted and defaced books (having never yet, any of them, been printed), that few of his Majesty's subjects there are at present able to know what they are.*

All which is most humbly submitted to your Lordships' great wisdom, by
Your Lordships' most obedient servant,
JAHLEEL BRENTON.

* J. Carter Brown's Manuscripts, Vol. III. Nos. 24-27.

Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 3d of May, 1698.

Voted, Capt'n Thomas Paine, Mr. Edward Carr, Mr. William Wanton, are admitted freemen of the Collony.