Proceedings of the Generall Assembly held for the Collony of Rhode Island and Providence Plantations at Newport, the 17th day of September, 1702. Major Samuell Cranston, Governor. Whereas, Coll. Dudley, Governor of Boston, did on the 3d of September, 1702, make demand of the whole militia of this Collony, and it being referred to the Assembly for answer: Therefore be it enacted by this Assembly and the authority thereof, That the Committee hereafter named, draw up and send an answer to the Governor's demands. And be it further enacted by this Assembly and the authori ty thereof it is hereby enacted, That Commissioners be ap pointed to address her Majesty with all the speed that can conveniently be. Also that the said Commissioners draw up the case for the Collony, relating to the millitia, and what else may be thought fit and convenient for the interest of the Collony; and that the said Commissioners, or the major part of them, do constitute, appoint and fully empower some man or men in the realm of England to deliver the said address, and what else in their wisdoms [they] shall see needfull and necessary concerning the premises. And be it further enacted by the authority aforesaid, That the Governor, Deputy Governor, Capt'n Carr, Major Isaac Martindale, Capt. Jos. Sheffield, and the Recorder, they or the major part of them, shall be the Commissioners to draw up the said address, and fully empower the said man or men, to deliver the same. And further, the said Commissioners, or the major part of them, shall have full power to return the said answer to Coll. Dudley; and the whole charge concerning the premises, shall be paid out of the Generall Treasury of this her Majesty's Collony. And be it further enacted by the authority aforesaid, That whereas, there was an Agent agreed upon to go to her Royall Majesty, and also that money should be raised for the same, we refer both to the next Generall Assembly, sitting at Providence, the last Wednesday in October next ensuing. And further be it enacted by the authority aforesaid, That whereas, there was an Act of Generall Assembly, passed at Newport, the 25th of August, 1702, which Act was ordered to be sent forth to the severall towns, within ten days after the dissolution of said Assembly; but there being severall urgent occasions that hindered the sending said copies forth: It is therefore enacted by this Assembly, That the Recorder have ten days from the dissolution of this Assembly for sending forth said copies, and the copies of the Acts of this Assembly, under the Seal of the Collony; and that the Recorder be allowed out of the Collony Treasury the sum of four shillings for each copy; the copy of the former Assembly's Acts being annexed hereunto. And be it further enacted by the authority aforesaid, That this Assembly's Acts be forthwith published in the town of Newport, under the Seal of the Collony, by beat of the drum; and that upon the publication of the same, this Assembly is dissolved. Proceedings of Governor Dudley of Massachusetts, and the Governor and Council of Rhode Island. Newport, on Rhode Island, Thursday, His Excellency, Joseph Dudley, Esq'r, being attended by the Honorable Thomas Povey, Esq'r, Lieut. Governor John Hathorne, John Walley, Nathaniel Thomas, Penn Townsend, Nathaniel Byfield, and Isaac Addington, Esq'rs, of her Majesty's Councill, of the Massachusetts Bay, and severall gentlemen that waited on his Excellency from Boston, with severall gentlemen of the said Island, and other parts adjacent, went to the house of Governor Cranston, his Excellency being informed that said Governor Cranston and the Councill of the said Collony of Rhode Island and Providence Plantation, were there met according to appointment made yesterday. There being present in Councill, Samuel Cranston, Esq'r, Governor. Robert Carr, Isaac Martindale, Joseph Sheffield, Robert Layton, Joseph Hull, Esq'rs. Weston Clarke, Recorder. His Excellency acquainted the said Governor and Councill, that for the better safety and defence of her Majesty's subjects and interest within the Collonies of Rhode Island and the Narragansett country, or King's Province, in the time of war (it being now such), her Majesty had been pleased by her Royall Commission, under the great Seal of England, to constitute and appoint him her Captain Generall of all the forces, forts and places of strength within the same. And that in and by another Commission from his Excellency, Thomas, Earl of Pembroke and Montgomery, Lord High Admirall of England and Ireland, under the great Seal of the High Court of Admiralty of England, he is constituted and appointed Vice Admirall of the said Collony of Rhode Island, &c., and the Narragansett country, or King's Province, and of the maritime ports and places thereto belonging and adjoining, which said two severall Commissions were shown forth and published, being read by Secretary Addington, at the request of the said Governor Cranston, the Recorder Clarke overlooking the same. And then his Excellency moved to have the oaths administered to him, appointed to be taken instead of the oaths of allegiance and supremacy, which was accordingly done in Councill. Governor Cranston desired that himself and Councill might have time for consid-" eration of what had been presented to them by his Excellency; and the gentlemen that waited upon him withdrew. P. M. Major Martindale waited upon his Excellency, with a message from the Governor and Councill to request a copy of that part of his Excellency's Commission that refers to the command of the militia of the said Collony of Rhode Island, &c.; which by his Excellency's order was extracted, examined and attested by Secretary Addington, and sent to the said Governor and Councill. Friday, September 4th, 1702, A. M. His Excellency being given to understand that Governor Cranston and his Councill were sitting at the said Governor's house and were ready to receive him he went thither, being attended as yesterday. Present in Councill, Samuell Cranston, Esq'r, Governor. Walter Clarke, Esq'r, Deputy Governor. Robert Carr, Isaac Martindale, Joseph Sheffield, Robert Layton, Joseph Hull, George Hazard, Esq'rs. Weston Clarke, Recorder. His Excellency observed to the said Governor and Councill, that the the militia was by Act of Parliament vested in the Crown; and it was her Majesty's preroga tive to dispose thereof as she should think fit, and he had shown forth unto them her Majesty's Royall Commission under the great Seal of England, appointing him to be her Captain Generall of all her forces within that Collony, &c. Her commands under the broad Seal, not being to be disputed or controverted. Governor Cranston said that himself and Councill had appointed Major Martindale to acquaint his Excellency with their opinion upon what his Excellency had presented and shown forth unto them yesterday. Then the said Major Martindale desired that the Recorder might read that clause of the Charter, granted by King Charles the Second, unto the Governor and Com pany of the said Collony, referring to the militia; which being done, he observed that the power of the militia was one branch of the privileges granted by his said Majesty unto that Corporation or body politic, being intermixed with the civil governments; and that the Governor and Councill could give no result to his Excellency's demands without first advising with the Generall Assembly, which was to sit at Providence in October next, and then a presentation should be made to them of what his Excellency had communicated to the Board, and an answer should be made. His Excellency replied he had nothing to do with an Assembly in that affair, but with the Governor and Councill. Governor Cranston desired they might have copies of his Excellency's commissions. To which his Excellency replied, he did not think it proper to grant copies in loose sheets, that might be put into a private man's pocket; but if said Governor Cranston pleased to direct the Recorder, or any Clerk to attend him at his chamber with their Book of Records, he should have liberty to enter the said commissions, and that his Excellency would examine and sign them. After returning to his Excellency's lodgings, Coll. Povey, Lieut. Governor, took the oaths appointed instead of the oaths of allegiance and supremacy. P. M. His Excellency and the Honorable Thomas Povey, Esq'r, Lieut. Gov'r, severally repeated and subscribed the Test or Declaration before Governor Cranston, and severall of his Councill. His Excellency issued forth his warrant, directed to Major Martindale, Major of the Island regiment, to cause his regiment to appear in arms to-morrow morning. Mr. James Menzies, by direction of Governor Cranston, attended his Excellency with paper and books, to transcribe his Excellency's commissions into; which was allowed by his Excellency to be done. And the transcripts were examined and attested by Secretary Addington, and sent to Governor Cranston, by the hand of the said Mr. Menzies. Saturday, September 5th. A. M. Major Martindale waited upon his Excellency at his lodging, and excused his not executing his Excellency's warrant sent him yesterday, to cause his regiment to appear in arms this morning, for that by his commission he was to observe the direction of the Generall Assembly, or the Governor and Councill of that Collony, and was sworn accordingly; and read that clause in his commission, and the form of the oath. At noon, his Excellency, with the gentlemen that waited upon him from Boston, departed from the Island, and went over to Bristol. Monday, September 7th. This morning, bis Excellency, attended by the Lieut. Governor, Col. Townsend, Col. Byfield, with severall other gentlemen, went from Bristoll over to the Narragansett country, or King's Province, and landed at Rochester, where they were received with all respect by the gentlemen of the place; Capt'n Daniel Eldridge attending with his Company, in arms, and his Excellency's commission from her Royall Majesty for the command of the militia, &c., of that country, or Province, was there read and published; and his Excellency and Lieut. Governor Povey severally took the oaths appointed by Act of Parliament to be taken, instead of the oaths of allegiance and supremacy, repeated and subscribed the Test or Declaration. Then his Excellency tendered the oath of allegiance to the officers of the militia, who cheerfully took it, and after them the whole body of the soldiers in arms. His Excellency staid there that night, and treated the soldiers as the time and place would allow, and the next day directed his voyage homeward. ISAAC ADDINGTON, Secretary. Since my return from Rhode Island, I had an answer from the Assembly there, which I covered to your Lordships by the sloop Wolfe, and by his conveyance have again sent it to the Right Honorable the Lord Nottingham. Your Lordships' most obedient humble servant, J. DUDLEY. Governor Dudley to the Board of Trade, giving an account of his visit to Rhode Island. My Lords: Boston, 17th September, 1702. About twenty days ago, in obedience to her Majesty's instructions, I took with me some gentlemen of the Councill here, and a troop of horse to attend me, and came to Rhode Island, and there in presence of Mr. Cranston, Governor, and seven of their Councill, most of them Quakers, and a great assembly of people, I published her Majesty's Letters Patents for the government of the forces and fortifications of that Collony in the time of war, and the commission for the Vice Admiralty, at which the Quakers raged indecently, saying that they were ensnared and injured. I refused to enter into any conference with them untill I had taken the oaths of allegiance, &c., and had signed the Test, which I told them I would do in the presence of the Councill I brought with me; but had rather do it before them, and then I should account myself qualified and secure in my proceedings with them, which obtained, so far as that some of them withdrawing, Mr. Cranston administered the oaths, and the next day at a conference with them, I told them I should proceed to review and settle the defects of their militia, and desired the names of their officers; but could obtain nothing of them but stubborn refusall, saying they would lose all at once, and not by pieces. The next day I gave out warrants to the town Major to muster the two Companies in Newport, that I might see them, intending to have given the oaths and spo ken kindly to the people; but the Governor and his Councill would admit of no such thing, but have called their Generall Assembly, which is now sitting; and, as they say, intend to send home some application to her Majesty. The day after, I proceeded into the Narraganset country, and came to the town of Rochester, to which I had the honor to give that name sixteen years since, when I was President there, who are now grown to one hundred and twenty men, who with their officers all met me at the sea-side, and attended the publication of the commission, and cheerfully and unanimously, officers and soldiers, took the oaths. I treated them as well as the place and the time would allow, and the next day proceeded in my journey. But the Governor and Councill of Rhode Island came near to Rochester the next day, sent for the officers, and were greatly displeased with their attendance and submission; and since have used all methods to bring back the people to confusion. |