Governor Dudley to the Board of Trade, with charges against Rhode Island.

Right Honorable: In observance of your Lordships' commands, I caused the Governor and Company of Rhode Island and Providence Plantations to be served with the charge drawn up against that government, consisting of severall heads, and have endeavored to collect and obtain proofs to make out each Article; which I humbly offer to your Lordships in the following method, with the proofs contained in the papers accompanying this, referred to by their numbers, as they severally relate to make out the particular charges, viz. :

1. That the government of Rhode Island does not observe the Acts of Trade and Navigation; but countenance the violation thereof, by permitting and encouraging of illegall trade and piracy.

2. That Rhode Island is a receptacle of pirates, who are encouraged and harbored by that government.

3. That the government of Rhode Island harbors and protects soldiers, seamen, and servants that desert from other her Majesty's Plantations, and will not deliver them up when they are reclaimed; they also give shelter to malefactors, who make their escapes from other parts, without delivering them up when demanded.

And that great numbers of the young men go out of the Colonies of the Massachusetts Bay and New York (where they are obliged to pay taxes for the support of her Majesty's government and maintaining the war against the French and Indians) to Rhode Island, and are there entertained and induced to settle, chiefly for [the reason] that no taxes are raised there for those necessary purposes.

4. That the Collony of Rhode Island will not furnish their quota towards the fortifying of Albany and assisting of New York, the place of common security for all those parts; nor do they give due assistance to the Colony of the Massachusetts Bay, against the French and Indians.

5. That if any of her Majesty's subjects, being not an inhabitant of this Colony, sue for a debt in their Courts, they can have no right done him, if the defendant be one of that Collony.

6. That under color of their Charter, they try robberies, murders, and other crimes, make capital laws and punish with death, without any legal authority for the same; and that their proceedings in their Courts of Judicature are very arbitrary and unjust,

7. That they do not allow of the laws of England to be pleaded in their Courts, otherwise than as it may serve a turn for themselves.

8. That they have refused to allow of appeals to her Majesty in Council, and give great vexation to those that demand the same.

9. That the government have refused to submit to her Majesty and his Royal Highness's commissions of Vice-Admiralty, and for commanding their militia; and have defeated the powers given to the Governors of her Majesty's neighboring Colonies in this behalf.

10. That when Colonel Dudley went to Rhode Island to publish a commission granted to him by her Majesty, by which he is empowered to command their militia during the war; as likewise another commission, by which he is invested with

the power of Vice-Admiralty; the Governor and Council of that Island used indecent expressions towards her Majesty; saying they were ensnared and injured, and would not give (nor have they since given) due obedience to the said commis sions.

11. That when Colonel Dudley desired to review their militia, in order to the making proper regulations, he could not obtain any compliance from them, notwithstanding her Majesty's commission to command their militia; but on the contrary they say, they would lose all at once, and not by pieces.

12. That the Quakers, by their interest in this government, will not admit any persons of estates or abilities into any places of publick trust.

18. That two privateers, Lawrence and Blew, commissionated by Colonel Dudley, took a Spanish ship upon the coast of Cuba, which they brought into Rhode Island, where the men were debauched by that government, and prevented from sailing to their commissioned port; where they would have been made accountable for her Majesty's dues, and rights of the Lord High Admiral. And although he wrote to the Captains directing them to bring their said prize to Boston, where they had received their commission, and the owners and sharers dwelt; but on the contrary the receiver of his Royal Highness's dues was hindered from receiving the

same.

All which is humbly submitted by your Lordships' most humble and obedient J. DUDLEY.

servant.

Boston, 2d November, 1705.

[The proofs referred to of the charges preferred against Rhode Island, are embraced in forty-two documents, and are found among Mr. Brown's Manuscripts, immediately following the charges; but they are too voluminous to be inserted here. Many consist of extracts from the procedings of the General Assembly; some are certain laws of the Colony, and others well-known transactions already mentioned at length in these records.—J. R. B.]

Lord Cornbury to the Board of Trade, relative to the charges against Rhode Island.

New York, November the 26th, 1705. My Lords: Your Lordships' letter of the 18th of April, 1705, is come safe to my hands, with the articles against the Charter governments of Connecticut and Rhole Island, with her Majesty's Order in Councill, of the 12th of February last, by which I am commanded to send copies of the said charges to the respective Governors of Connecticut and Rhode Island, for their answers. This I have obeyed, by sending copies by an express, who delivered them to the respective Governors' own hands. But I have yet no answer.

And I am further directed to transmit to her Majesty depositions taken in the most publick manner, upon oath to the truth of the severall matters laid in the charge against the said Charter governments. I will pursue her Majesty's com mands in this as far as I am able. The first article is not observing the laws of Trade, and encouraging illegall trade and piracy. This article relates to both gov ernments. That the people of Connecticut carry on an illegal trade with the east end of Long Island, is known to every body here, and appears by the condemnation of a sloop belonging to Connecticut, named the Rachel, which was condemned

for illegall trade. That they encourage piracy, appears by the depositions of Orchard and Hicks, to which I beg leave to refer you.

The next article is, that they harbor pirates. Some time before I received these articles, I was informed that two of Avery's crew were settled in Connecticut. I asked the person who told me of it, if he could make oath of it. He said no. But that he would inform himself better, and would give me a further account. He did go into Connecticut on purpose; but is not yet returned. So I cannot send any affidavit upon that article.

The next is for harboring and protecting soldiers, seamen and servants, who desert from other Plantations, and refuse to deliver them when reclaimed. This will appear by the affidavit of Capt'n Mathews, to which I refer.

The next article is for their refusing to furnish their quota towards the fortifying of Albany and assisting New York. To prove this, I must beg leave to refer your Lordships to the accounts formerly sent by my predecessors in this government for what related to their time. Since I have had the honor to serve the Queen in this Province, I have writ twice to Collonell Winthrop, the present Governor of Connecticut, to demand the quota the late King, and her Majesty (who blessed be God, now reigns), were pleased to appoint for them to pay. But all the answer I could yet get from Connecticut is, that they could not comply with my demands till they had applied to the Queen. And from Rhode Island, that they are poor, and that they are at so great charges for the putting their Island in a posture of defence, that they cannot raise that sum. This is a truth, which if they will deny, I will make oath of, whenever your Lordships will please to command me.

The next is, for denying justice to any of her Majesty's subjects, not being inhabitants of that Collony. This will be pretty plainly proved by the affidavits of one Auboineau, a merchant of this city, and Richard Sacket, a brewer of this city, who have both suffered sufficiently, and very lately by their deniall of justice; the last of these two since I sent them the charge sent to me by your Lordships, as will appear by the affidavit to which I beg leave to refer.

The next is for trying robberies, murders, &c.; making capitall laws, and punishing with death without any legall authority for the same; and that the proceedings in their Courts are very arbitrary and unjust. For the proof of this, I must refer you to their book of laws, which I herewith send; and among others, to the clause in the eleventh page, marked in the margin (burglary), and the clause following; and in page the twelfth, to the two clauses marked in the margin (murder), and (murder through guile).

Now how far they are by their Charter empowered to make capitall laws, your Lordships will be best informed by looking into their Charter. That they are arbitrary and unjust, will appear by the oath of one Auboineau, I mentioned before.

The next article is, that they will not allow the laws of England to be pleaded in their Courts otherwise than as it may serve a turn for themselves. To prove this, I must refer your Lordships to the first law in their book, page the first, marked in the margin (generall priviledges of the inhabitants); and likewise to a paper entitled, A County Court holden at New London, 7ber the 20th, 1698, towards the bottom of the page, you will find this clause: (It [is] agreed by the Plaintiffs and Defendants, that the laws of England shall be pleaded and made use of in this case; and it is allowed of by this Court); and the next clause following this paper is under the Seal of the Province of Connecticut.

The next article is for refusing to allow of appeals to her Majesty's Councill. For VOL. III.

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proof of this, I must refer you to the case of Major Palmes; who is now going into England to make his complaint, and to the oath of James Fitch and Samuell Mason, which is attested under the Seal of Rhode Island.

The next article is, for refusing to submit to her Majesty and his Royall Highness's commissions of Vice Admiralty, and for commanding their militia. I dont doubt but those who have had the honor to serve the Crown in this government before me, have given full accounts of that matter in their time. As for my time, I must acquaint your Lordships, that two years ago, Collonell Winthrop, who was then, and now is, Governor of Connecticut, came to make me a visit. I then took the opportunity to tell him, that I would go into Connecticut and publish my commission for the command of their militia, and my commission to be Vice Admirall. He told me whenever I would come into Connecticut, I should be welcome; but they would not part with their militia. In the seventy-sixth page of their book, you will find their laws about the militia, and in the 68th page you will find their laws about maritime affairs.

The next and last article is, for making a law against all religions but their own. This appears very plainly by their law in page the 29th, under the head (ecclesiasticall). That that law has been put in practice, appears by the commitment of John Pearce, Daniel Pearce and John Mosse, to which I beg leave to refer your Lordships; it is certified under the Seal of Rhode Island.

Thus I have endeavored to answer the commands the Queen was pleased to honor me with, as well as I can at present. I should have been able to have done it better, had not some of the Magistrates of Connecticut frightened severall people from coming over to me to Long Island, who would have been able and willing to give very full evidence upon severall of the articles, but now durst not. I hope I shall find a time more favorable to get their depositions; and if I do, I will not fail to transmit them to your Lordships. In the mean time, give me leave to observe to you, that the first law in their book, abrogates all the laws of England at once. I beg leave to recommend to your perusall a law of theirs in the 28th page of their book, under the head of (divorce), and likewise entreat you to consider the oath of a Grand Juryman. You will find it in the 88th page of their book of laws, marked in the margin (Grand Juror's Oath). I could make severall other observations upon their laws, but I am afraid of tiring your Lordships' patience; besides, since I send the book, I am satisfied you will make much better observations upon them than I am capable of doing. Therefore, I shall trouble your Lordships no more at present, but remain with great respect, my Lords,

Lour Lordship's most faithfull humble servant,
CORNBURY.

Answer to the severall charges exhibited against the Governor and Company of her Majesty's Collony of Rhode Island and Provi dence Plantations, bearing date from Whitehall, March 26, 1705.

These respondents saving to themselves the benefit of exceptions to the uncertainties and imperfections of the said charges which (with humble submission, being so many and apparent, do not require any answer) nevertheless, in obedience to her Majesty's Order in Councill, to which these respondents shall ever pay all due obedience, answer as follows:

As to the first and second charge, they deny that the government of said Collony does not observe the Acts of Trade and Navigation, or countenances the violation thereof by permitting and encouraging of illegall trade and piracy; or that the Collony is a receptacle of pirates, who are encouraged and harbored by the government. And for further answer to the said articles do say, the same contains matters highly criminal; and that they do not only detest such practices, but are not capable of being guilty of the same; but to the utmost have endeavored to suppress all such crimes with the abettors; and likewise to uphold and maintain not only the Acts of Trade, &c., but all other her Majesty's laws relating to the government of said Collony.

3. As to the third article, so much of it as relates to harboring and protecting soldiers, seamen, and those that desert, and giving shelter to malefactors, by the government, without delivering them up when demanded, &c.

These respondents deny the same; and for answer say, that if at any time persons under those circumstances fled into said Collony, upon notice thereof given, due methods have been taken as the law in such cases directs.

As to the other parts of said article, these respondents further say: this her Majesty's Collony is free for any of her Majesty's subjects to come and inhabit there, nor is it in the respondents' power to hinder or prevent them therefrom. And further say, that where one person or family hath removed out of other Provinces or Collonies into this, there hath five times the number gone out of this Collony (which were inhabitants in the same) and settled in other Provinces, &c. The which we deem to be the privilege of every English subject; and we do deny that any considerable number of young men hath fled out of other Provinces into this Collony, or have been any ways harbored or sheltered in the same; or that no rates or taxes are raised in said Collony for the support of her Majesty's interest and government, but on the contrary say that they have been at more than six thousand pounds charge within this seven years in fortifying and other charge occasioned in maintaining and defending her Majesty's interest against the common enemy, and support of the government.

As to the fourth article, that this Collony will not furnish their quota, &c. For answer say, that they are advised by counsel learned in the law, that they are not obliged by law to furnish the other Provinces or Collonies with any quota, nor do they apprehend there is any necessity for the same. Notwithstanding which (in obedience to her Majesty's commands), these respondents say, they have assisted and furnished the Province of the Massachusetts with a quota of men, to the considerable charge of the Collony, who did her Majesty good service, as likewise keeping out and maintaining scouts upon the borders or frontiers of said Province, whose good service hath been thankfully acknowledged by the inhabitants of that Province. As to the quota for the fortifying of the frontiers of her Majesty's Province of New York. These respondents say, that (notwithstanding what is before premised, as to the necessity, &c.), they never refused the same; but did by their humble address to her Majesty, bearing date the 30th June, 1703, pray her Majesty's remittance thereof, by reason this Collony is a frontier to the sea, and none of her Majesty's Provinces in America [are] more exposed to the danger and assaults of the common enemy; to which address, we have not as yet received her Majesty's commands.

5. As to the fifth article, that if any of her Majesty's subjects being not inhabit